MAXIMS OF THE LAW. 165 



REGULA VIII. 

 JEstimatio pr&teriti delicti ex post facto nunquam crescit. 



THE law construeth neither penal laws nor penal facts by 

 intendments, but considereth the offence in degree, as it 

 standeth at the time when it is committed ; so as if any 

 circumstance or matter be subsequent, which laid together 

 with the beginning should seem to draw to it a higher 

 nature, yet the law doth not extend or amplify the offence. 



Therefore, if a man be wounded, and the percussor is n H. 4. 12. 

 voluntarily let go at large by the gaoler, and after death 

 ensueth of the hurt, yet this is no felonious escape in the 

 gaoler. 



So if the villain strike the heir apparent of the lord, 

 and the lord dieth before, and the person hurt, who suc- 

 ceedeth to be lord to the villain dieth after, yet this is 

 no petty treason. 



So if a man compass and imagineth the death of one 

 that after cometh to be king of the land, not being any 

 person mentioned within the statute of 25 Ed. III. this 

 imagination precedent is not high treason. 



So if a man use slanderous words of a person upon 

 whom some dignity after descends that maketh him a peer 

 of the realm, yet he shall have but a simple action of the 

 case, and not in the nature of a scandalum magnatum upon 

 the statute. 



So if John Stile steal sixpence from me in money, and 

 the king by his proclamation doth raise monies, that the 

 weight of silver in the piece now of sixpence should go for 

 twelve pence, yet this shall remain petty larceny, and not 

 felony : and yet in all civil reckonings the alteration shall 

 take place ; as if I contract with a labourer to do some 

 work for twelve pence, and the enhancing of money cometh 

 before I pay him, I shall satisfy my contract with a six 

 penny piece so raised. 



So if a man deliver goods to one to keep, and after retain 

 the same person into his service, who afterwards goeth 

 away with his goods, this is no felony by the statute of 28 H. 8. pi. 

 21 H. VIII. because he was not servant at that time. 2 - 



In like manner if I deliver goods to the servant of I. S. 

 to keep and after die, and make I. S. my executor; and 

 before any new commandment of I. S. to his servant for 

 the custody of the same goods, his servant goeth away with 

 them, this is also out of the same statute. Quod nota. 



But note that it is said pr&teriti delicti ; for any acces- 



