374 LETTERS RELATING TO 



mon right and reason, or repugnant or impossible 

 to be performed, the common law shall control this, 

 and adjudge such act to be void.&quot; And therefore in 

 8 E.III. 30, Thomas Tregor s case, upon the statute 

 of West. 2. cap. 38, &quot;et artic. super cart.&quot; cap. 9, 

 Herle saith, Some statutes are made against law and 

 right, which they, that made them, perceiving, would 

 not put them in execution. 



The statute of H. II. cap. 21, gives a writ of 

 &quot; Cessavit hseredi petenti super haeredem tenent et 

 super eos, quibus alienatum fuerit hujusmodi tene- 

 mentum.&quot; And yet it is adjudged in 33 E. III. &quot; tit. 

 cessavit&quot; 42, where the case was, Two co-partners, 

 lords and tenant by fealty and certain rent ; the one 

 co-partner hath issue, and dieth, the aunt and the 

 niece shall not join in a &quot; cessavit,&quot; because that the 

 heir shall not have a &quot; cessavit,&quot; for the cessor in his 

 ancestor s time. Fitz. N. B. 209, F. and herewith 

 accords Plow. com. 110. And the reason is, because 

 that in a &quot; cessavit,&quot; the tenant, before judgment, 

 may render the arrearages and damages, etc. and 

 retain his land : and this he cannot do, when the 

 heir bringeth a &quot; cessavit&quot; for the cessor in the time 

 of his ancestor ; for the arrearages incurred in the 

 life of his ancestor do not belong to the heir. 



And because that this is against common right 

 and reason, the common law adjudges the said act 

 of parliament as to this point void. The statute of 

 Carlisle, made anno 35 E. I. enacteth, That the 

 order of the Cistertians and Augustins have a con 

 vent and common seal ; that the common seal shall 



