CCCCLXVI wade and PRESTHALLS case debt plea in disability of himself not allow  execution against a person attaint Burchets case regulan abatement of writ  case where a man shall take advantage of his own wrong Marbery and Worrals  case William wade bring a action of debt against Presthall the defendant plead  that he be attaint of treason not restore nor pardon and demand judgement if  he shall be put to answer upon which the plaintiff do demurrer it be argue for  the plaintiff that the plea be not good for the defendant shall not take  benefit of his own wrong a person attaint give his good he shall not avoid it  a woman take a husband thereby she have abate her own writ it be true that a  person attaint be a dead man it be so as to himself but not as to other h a  person attaint be murder his wife shall have a appeal so as to all respect he  be Leonard not dead and although as yet the plaintiff can have any execution  against the defendant yet here be a possibility to have execution if the  defendant get his pardon as a man shall have warrantia paper although he be  not implead and yet can have execution but there be a possibility to have  execution e a rend grant to one in fee upon condition that if the grantee die  his heir within age that the rend shall cease during the nonage the grantee  die his heir within age his wife bring dower present and recover and yet she  can have execution but yet there be a possibility to have execution videlicet  upon the fuli age of the heir coke wear down by his attainder be have lose his  good land life degree for he be now become terrae thread and he can draw blood  from his father nor afford blood to his son or his posterity so as be have  neither ancestor nor heir and as to the possibility the same be very remote  for the law do not intend that be shall be pardon and see h a man commit a  felony and afterward commit another felony and after be attaint of one of they  he shall not be put to answer to the other but if he obtain his charter of  pardon he shall answer to the other see also h title coronae Popham  attorneygeneral the defendant ought to answer for none shall have advantage of  his own wrong the plaintiff be make a knight pendant the writ it shall abate  because his own act but here treason be so heinous that none shall have ease  benefit or discharge thereby and if the defendant shall not be put to answer  until he have his pardon then the action be now suspend and a action personal  once suspend be go for ever and he cite e in the book of assize where it be  say by sharp execution upon a statute may be sue against a man attaint and he  say that if the enemy of the king come into England and become bind to a  subject in twenty pound he shall be put to answer notwithstanding that  interest that the king have in he Harris sergeant to the same intent he  conceive by h that traitor be to answer for if traitor break the goal the  gaoler shall answer for their escape for the gaoler have remedy against they  contrary of the king enemy and he cite the case of one burchet who be attaint  of treason strike another in the tower for which notwithstanding his attainder  he be put to answer Egerton solicitorgeneral and he say that the action be not  suspend but in as much as every action be use to recover a thing detain or to  satisfy a wrong if it can appear that the party can be satisfy accord to his  case he shall not proceed and in this Leonard er p case the plaintiff if he  shall obtain judgement can not have execution by the commonlaw for be have no  good nor by the statute of Westminster by elegit for be have no land nor by  the statute of e by his body for it be at the king pleasure and then to what  purpose shall the plaintiff sue and it be a general rule that in all action  where the thing demand can be have or the person against who the thing be  demand can yield the thing that the writ shall abate as in a writ of annuity  by grantee of a annuity for year the term expire the writ shall abate tenant  in special tail bring waste and pendant the writ his issue die the writ shall  abate c e a man outlaw of felony plead in disaffirmance of the outlawry and  yet he be not put to answer until he have his pardon and then he shall answer  and as to the case of h it do not appear that the traitor be attaint and then  there be good remedy enough and Burchets case can be resemble to our case for  although that by the attainder the body of the party may be at the king  pleasure yet his body may be punish for another offence for the example of  other and as to tressel case who in such case be put to answer I grant it for  he conclude judgement if action and so admit he Leonard a person able to  answer and then it can not be a good plea in bar and in Ognels case the return  of the sheriff shall bind they for upon process against a person attaint they  return to take in hand where they ought to have return the special matter  without a to take in hand but now this general return shall bind they and by  that he shall be conclude to say that the party be not in execution and this  plea be not any disable of the defendant but he inform the judge that he be  not a person able to answer to the plaintiff as in a praecipe quod To give  back the party plead nontenure the same be no disable of his person but a show  to the court that he can yield to the party his demand a man shall not take  advantage of his own wrong I in the same thing in which the wrong be suppose  or against he against who the wrong be suppose to be do but in other case he  shall take advantage of his own wrong as Littleton if a lease for life be make  the remainder over in fee and he in the remainder enter upon tenant for life  and disseize he the same be a good seize upon which he may have a writ of  right Littleton e law and yet this seize be by wrong and there be a case  betwixt Marbery and Worral in the exchequer the lessor enter upon his lessee  for life make a feoff in fee with clause of reentry the lessee reenter the  lessor at the day come upon the land and demand the rend which be not pay it  be hold the same be a good demand of the rend and yet be be a trespasser to  the lessee and in another case a man shall take advantage of his own wrong  Fitzherbert n b n a infant have a advowson by descent the church become void  he who have right paramount usurp and present to the church and the month pass  now by this tortuous usurpation be be remit and the infant out of possession  and without remedy and he cite the case h a to know facias out of a fine be  bring against a abbot by which fine the predecessor of the abbot grant to find  a priest to sing mass in such a chapel c and the abbot plead the t the say  chapel be become ruinous and decay so as no priest can sing mass there and it  be pray on the part of the plaintiff that forasmuch as the covenant be confess  that judgement be give but that execution shall cease until the chapel be  rebuild but it be not allow for this be a good bar for the time and no  judgement shall be give for it shall be in vain for it can be execute because  there be no chapel and it may be the chapel shall never be build again and so  in the principal case c it be adjourn ante ante trin Elizabeth in the king  bench