174 



MAXIMS OF THE LAW. 



ground in law, that a writ of right lieth of no less estate 

 than of a fee-simple; but because the tenant for life hath 

 no other several action in the law given him, and also that 

 the jointure is not broken, and so the tenant in fee-simple 

 cannot bring his writ of right alone; therefore rather than 

 he shall be deprived wholly of remedy, and this wrong 

 unpunished, he shall join his companion with him, notwith 

 standing the feebleness of his estate. 



46 Ed. 3.21. But if lands be given to two, and to the heirs of one of 

 them, and they lease in a pr&cipe by default, now they shall 

 not join in a writ of right, because the tenant for life hath 

 a several action, namely, a Quod ei deforciat, in which 

 respect the jointure is broken. 



27 H. 8. 13. $o if tenant for life and his lessor join in a lease for years, 

 and the lessee commit waste, they shall join in punishing 

 this waste, and locus vastatus shall go to the tenant for life, 

 and the damages to him in reversion ; and yet an action 

 of waste lieth not for tenant for life ; but because he in 

 the reversion cannot have it alone, because of the mean 

 estate for life, therefore rather than the waste shall be un 

 punished, they shall join. 



45 Ed. 3. 3. So if two coparceners be, and they lease the land, and one 

 22 H. 6. 24. o f them die, and hath issue, and the lessee commit waste, 

 the aunt and the issue shall join in punishing this waste, 

 and the issue shall recover the moiety of the place wasted, 

 and the aunt the other moiety and the entire damages ; and 

 yet actio injuriarum moritur cum persona but in favora- 

 bilibus magis attenditur quod prodest, quam quod nocet. 

 20 Ed. 2. So if a man recovers by erroneous judgment, and hath 



scent \6 de ~ issue two daughters, and one of them is attainted, the writ 

 of error shall be brought against the parceners notwith 

 standing the privity fail in the one. 



33 Eliz. Also it is a positive ground, that the accessory in felony 



cannot be proceeded against, until the principal be tried ; 

 yet if a man upon subtlety and malice set a madman by 

 some device to kill him, and he doth so ; now forasmuch 

 as the madman is excused because he can have no will 

 nor malice, the law accounteth the inciter as principal, 

 though he be absent, rather than the crime shall go un 

 punished. 



Fitz. Corone, So it is a ground of the law, that the appeal of murder 

 Ed 9 4 M g etn n t to the heir where the party murdered hath a 

 28. 6. wife, nor to the younger brother where there is an elder; 



stamf. lib. yet if the wife murder her husband, because she is the 

 2. fol. 60. party offender, the appeal leaps over to the heir ; and so if 



