to go back a plea justice rather how in an unjust manner fault to stay  unpunished the law have many ground and positive learning which be not of the  maxim and conclusion of reason but yet be learning receive with the law set  down and will not have call in question these may be rather call placita  justice than maxim justice with such maxim the law will dispense rather than  crime and wrong shall be unpunished because salus poplar tree funeral rites   law and salus poplar tree be contain in the repress offence by punishment  therefore if a advowson be grant to two and the heir of one of they and a  usurpation be have they both shall join in a writ of right of advowson and yet  it be a ground in law that a Edward Adm h Edward f n br register fol maxim  writ of right lie of no less estate than a feesimple but because the tenant  for life have no other several action in the law give he and also that the  jointure be not break and so the tenant in feesimple can bring his writ of  right alone therefore rather than he shall be deprive whole of remedy and this  wrong unpunished he shall join his companion with he notwithstanding the  feebleness of his estate but if land be give to two and to the heir of one of  they and they lose in a precipe by default now they shall not join in a writ  of right because the tenant for life have a several action videlicet a quoth  ei deforce in which respect the jointure be break so if tenant for life and  his lessor join in a lease for y ear and the lessee commit waste they shall  join in punish this waste and locus to make empty shall go to the tenant for  life and the damage to he in reversion and yet a action of waste lie not for  tenant for life but because he in the reversion can have it alone because of  the mean estate for life therefore rather than the waste shall be unpunished  they shall join so if two coperceners be and they lease the land and one of  they die and have issue and the lessee commit waste the aunt and the issue  shall join in punish this waste and the issue shall recover the moiety of the  place waste and the aunt the other moiety and the entire damage and yet act  in an unjust manner become void  come mask but in favorabilibus  to greater extent to stretch toward quoth prod how quoth to do harm so if a  man recover by erroneous judgement and have issue two daughter and one of they  be attaint the writ of error shall be bring against the parceners  notwithstanding the privity fail in the one also it be a positive ground that  the accessary in felony can be proceed against until the principal I be try  yet if a man upon subtlety and malice set a mad man by some device to kill he  and he do so now forasmuch as the mad man be excuse because he can have no  will nor malice the law account the sally out as principal though he be absent  rather than the crime shall go unpunished so it be a ground of the law that  the appeal of murder go not to the heir where the party murder have a wife nor  to the young brother where there be a elder yet if the wife murder her husband  becauses she be the party to hit the appeal leap over the heir and so if the  son and heir murder his father it go to the second brother Edward Edward h  Edward f dissent Elizabeth Fitzherbert coroner Edward m Stamff lib fol but if  the rule be one of the high sort of maxim that be maxim rationales and not  positiui then the law will rather endure a particular offence to escape  without punishment than violate such a rule as it be a rule that penal statute  shall not be take by equity and the statute of Edward enact that those that be  attaint for steal of horse shall not have their clergy the judge conceive that  this do not extend to he that shall steal but one horse and therefore procure  a new act for it in Ed cap and they have reason for it as I take the law for  it be not like the case upon the statute of glost that give the action of  waste against he that hold pro boundary vitae well a year it be true that if a  man hold but for a year he be within the statute for it be to be note that  penal statute be take strict and literal only in the point of define and set  down the fact and the punishment in those clause that do concern they and not  general in word that be but circumstance and conveyance in the put of the case  and so see the diversity for if the law be that for such a offence a man shall  lose his right hand and the offender have have his right hand before cut off  in the war he shall not lose his leave hand but the crime shall rather pass  without the punishment which the law assign than the letter of the law shall  be extend but if the statute of Ed have be that he that shall steal one horse  shall be oust of his clergy then there have be no question at all but if a man  have steal more horse than one but that he have be within the statute because  all things  May to hold together in see minus