166 MAXIMS OF THE LAW. 



sory before the act is subject to all the contingencies preg 

 nant of the fact, if they be pursuances of the same fact ; 

 13 EHz. com. as if a man command or counsel one to rob a man, or beat 

 him grievously, and murder ensue, in either case he is 

 accessory to the murder, quia in criminalibus pr&stantur 

 accidentia. 



REGULA IX. 



Quod remedio deslituitur ipsa re valet si culpa absil. 



THE benignity of the law is such, as, when to preserve the 

 principles and grounds of law it depriveth a man of his 

 remedy without his own fault, it will rather put him in a 

 better degree and condition than in a worse ; for if it dis 

 able him to pursue his action, or to make his claim, some 

 times it will give him the thing itself by operation of law 

 without any act of his own, sometimes it will give him a 

 more beneficial remedy. 



Lit. pi. 683. And therefore if the heir of the disseisor which is in by 

 descent make a lease for life, the remainder for life unto 

 the disseisee, and the lessee for life die, now the frank 

 tenement is cast upon the disseisee by act in law, and 

 thereby he is disabled to bring his prcecipe to recover his 

 right ; whereupon the law judgeth him in of his ancient 

 right as strongly as if it had been recovered and executed 

 by action, which operation of law is by an ancient term 

 and word of law called a remitter; but if there may be 

 assigned any default or laches in him, either in accepting 

 the freehold or in accepting the interest that draws the 

 freehold, then the law denieth him any such benefit. 



Lit. pi. 682. And therefore if the heir of the disseisor make a lease 

 for years, the remainder in fee to the disseisee, the dis 

 seisee is not remitted, and yet the remainder is in him with 

 out his own knowledge or assent : but because the freehold 

 is not cast upon him by act in law, it is no remitter. Quod 

 nota. 



Lit. pi. 685. So if the heir of the disseisor infeoff the disseisee and a 

 stranger, and make livery to the stranger, although the 

 stranger die before any agreement or taking of the profits 

 by the disseisee, yet he is not remitted ; because though a 

 moiety be cast upon him by survivor, yet that is but jus 

 uccrescendi, and it is no casting of the freehold upon him 

 by act in law, but he is still as an immediate purchaser, 

 and therefore no remitter. 



So if the husband be seised in the right of his wife, and 

 discontinue and dieth, and the feme takes another hus- 



