172 MAXIMS OF THE LAW. 



16 Eliz. not be construed of the glebe lands of parsonages : nay 

 337. Dyer, farther, if the lands be given to the parson of D. to say a 

 mass in his church of D. this is out of the statute, because 

 it shall be intended but as augmentation of his glebe ; but 

 otherwise it had been, if it had been to say a mass in any 

 other church than his own. 



So in the statute of wrecks, that willeth that goods 

 wrecked where any live domestical creature remains in the 

 vessel, shall be preserved and kept to the use of the owner 

 that shall make his claim by the space of one year, doth 

 not extend to fresh victuals or the like, which is impossible 

 to keep without perishing or destroying it ; for in these and 

 the like cases general words may be taken, as was said to 

 a rare foreign intent, but never to an unreasonable intent. 



REGULA XI. 



Jura sanguinis nullojure civili dirimi possunt . 

 THEY be the very words of the civil law, which cannot be 

 amended, to explain this rule, hceres est nomen juris, Filius 

 est nomen natures : therefore corruption of blood taketh away 

 the privity of the one, that is of the heir, but not of other, 

 36 H. 6. 57, that is of the son ; therefore if a man be attainted and be 

 21 Vd i 17 mur dered by a stranger, the eldest son shall not have ap- 

 peal, because the appeal is given to the heir, for the youngest 

 sons who are equal in blood shall not have it ; but if an at 

 tainted person be killed by his son, this is petty treason, for 

 that the privity of a son remaineth : for I admit the law to 

 Lamb. Jus. be that if the son kill his father or mother it is petty treason, 

 P rom? 44? Z anc ^ ^^ * nere remaineth so much in our laws of the ancient 

 footsteps of po testas patrice and natural obedience, which by 

 the law of God is the very instance itself; and all other go 

 vernment and obedience is taken but by equity, which I add 

 because some have sought to weaken the law in that point. 

 So if land descend to the eldest son of a person attainted 

 from his ancestor of the mother held in knight s service, the 

 F. N. Br. fo. guardian shall enter, and oust the father, because the law 

 I&amp;gt; 4 roit De giveth the father that prerogative in respect he is his son 

 and heir; for of a daughter or a special heir in tail he 

 shall not have it : but if the son be attainted, and the father 

 covenant in consideration of natural love to stand seised of 

 land to his use, this is good enough to raise a use, because 

 the privity of a natural affection remaineth. 



26 E. 337. Dy. So if a man be attainted and have charter of pardon, and 

 be returned of a jury between his son and I. S. the chal 

 lenge remaineth ; so may he maintain any suit of his son, 

 notwithstanding the blood be corrupted. 



