MAXIMS OF THE LAW. 173 



So by the statute of 21 H. VIII. the ordinary ought to 

 commit the administration of his goods that was attainted 

 and purchase his charter of pardon, to his children, though 

 born before the pardon, for it is no question of inheritance: 

 for if one brother of the half blood die, the administration 5 Ed. 6. 

 ought to be committed to his other brother of the half blood, Adm - 47 - 

 if there be no nearer by the father. 



So if the uncle by the mother be attainted, and pardoned, 33 H.6.55 

 and land descend from the father to the son within age 

 held in socage, the uncle shall be guardian in socage ; for 

 that savoureth so little of the privity of heir, as the possi 

 bility to inherit shutteth not. 



But if a feme tenant in tail assent to the ravisher, and 

 have no issue, and her cousin is attainted, and pardoned, 

 and purchaseth the reversion, he shall not enter for a for- 5 Ed. 4. 50. 

 feiture. For though the law giveth it not in point of 

 inheritance, but only as a perquisite to any of the blood, 

 so he be next in estate ; yet the recompense is understood 

 for the stain of his blood, which cannot be considered when 

 itis once wholly corrupted before. 



So if a villain be attainted, yet the lord shall have the 

 issues of his villain born before or after the attainder ; for 

 the lord hath them jure nature but as the increase of a 

 flock. 



Query, Whether if the eldest son be attainted and par- F. N. Br. 

 doned, the lord shall have aid of his tenants to make him 82- ^ fol 

 a knight, and it seemeth he shall ; for the words of the writ 87 egls er 

 h&ihjilium primogenitum, and notjftlium et haredem, and 

 the like writ hath pur file marrier who is no heir. 



REGULA XII. 



Receditur a placitis juris, potius quam injuria et delicta 



maneant impunita. 



THE law hath many grounds and positive learnings, which 

 are not of the maxims and conclusions of reason ; but yet 

 are learnings received with the law, set down, and will 

 not have called in question ; these may be rather called 

 p/acita juris than regula juris; with such maxims the 

 law will dispense, rather than crimes and wrongs should 

 be unpunished, quia salus populi suprema lex; and salus 

 populi is contained in the repressing offences by punish 

 ment. 



Therefore if an advowson be granted to two, and the Fitz. N. B. 30. 

 heirs of one of them, and a usurpation be had, they both 

 shall join in a writ of right of advowson; and yet it is a 



