MAXIMS OF THE LAM . 170 



tion of the malefactor levelled, yet the law giveth him no 

 advantage of that error, if another particular ensue of as high 

 a nature. 



Therefore if an impoisoned apple be laid in a place to IB Eliz. 

 poison I. S. and I. D. cometh by chance and eateth it, this Sander s case, 

 is murder in the principal that is actor, and yet the malice com&amp;lt;474 - 

 in individuo was not against I. D. 



So if a thief find the door open, and come in by night and Cr. J. peace, 

 rob a house, and be taken with the manner, and break a 30 * 

 door to escape, this is burglary ; yet the breaking of the 

 door was without any felonious intent, but it is one entire 

 act. 



So if a caliver be discharged with a murderous intent at 

 I. S. and the piece break and strike into the eye of him 

 that dischargeth it, and killeth him, he is feh de se, and Cave. 

 yet his intention was not to hurt himself; forfelouia de se, 

 and murder are crimina paris gradus. For if a man per 

 suade another to kill himself, and be present when he doth 

 so, he is a murderer. 



But qu&re, if I. S. lay impoisoned fruit for some other o. Just. 

 stranger his enemy, and his father or mother come and eat P eaoe ( fo1 - 

 it, whether this be petty treason, because it is not altogether }8 } 

 crimen paris gradus. 



REGULA XVI. 



Mandata licit a recipiunt strictam interpretationem, sed 

 illicita latam et extemam. 



IN committing of lawful authority to another, a man may 

 limit it as strictly as it pleaseth him, and if the party autho^- 

 rised do transgress his authority, though it be but in cir 

 cumstance expressed, it shall be void in the whole act. 



But when a man is author and monitor to another to com 

 mit an unlawful act, then he shall not excuse himself by 

 circumstances not pursued. 



Therefore if I make a letter of attorney to I. S. to deliver 10 11. 7. 19. 

 livery and seisin in the capital messuage, and he doth it in 15 16&amp;gt; - 

 another place of the land ; or between the hours of two and J^ Dy&amp;lt; 

 three, and he doth it after or before ; or if I make a charter 

 of feoffment to I. D. and I. B. and express the seisin to be 16 El. Dy. 

 delivered to I. D. and my attorney deliver it to I. B. in all 337 \ 

 these cases the act of the attorney, as to execute the estate, 283 L Dj 

 is void ; but if I say generally to I. D. whom I mean only 38 if. 8. 68. 

 to enfeoff, and my attorney make it to his attorney, it shall D ^- 

 be intended, for it is a livery to him in law. 



