The works of Francis Bacon, lord chancellor of England.

THE MAXIMS OF THE LAW.
which is the immediate act whereto I am bound,
REGULA I. is a corporal act which lieth not in satisfaction;
therefore, the law taketh no consideration that
In jure non remota causa, sed proxima spectatur. the remote intent was for money.
So if I make a feoffment in fee, upon M. 40et 41.El.
IT were infinite for the law to judge the causes condition that the feoffee shall enfeoff Juiuswinningof causes, and their impulsions one of another; over, and the feoffee be disseised, and port per o, tres
therefore, it contenteth itself with the immediate a descent cast, and then the feoffee eSurCoke,ib.2.
cause, and judgeth of acts by that, without bind himself in a statute, which statute is dislooking to any further degree. charged before the recovery of the land: this is
6 H. 8 Dy. As if an annuity be granted pro con- no breach of the condition, because the land was
fo.l. et2. silio impenso et impendendo, and the never!iaile to the statute, and the possibility
grantee commit treason, whereby he is imprison- that it should be liable upon the recovery the law
ed, so that the grantor cannot have access unto doth not respect.
him for his counsel; yet, nevertheless, the annui- So if I enfeoff two, upon condition to enfeoff
ty is not determined by this non-feasance; yet it and one of them take a wife, the condition is not
was the grantee's act and default to commit the broken; and yet there is a remote possibility that
treason, whereby the imprisonment grew: but the joint-tenant may die, and then the feme is
the law looketh not so far, but excuseth him, entitled to dower.
because the not giving counsel was compulsory, So if a man purchase land in fee-simple, and
and not voluntary, in regard of the imprisonment. die without issue; in the first degree the law
So if a parson make a lease, and be respecteth dignity of sex, and not proximity; and
cot. 2 H. 4.3. deprived, or resign, the successors therefore the remote heir, on the part of the father,
26. H 8.' shall avoid the lease; and yet the shall have it before the near heir on the part of
cause of deprivation, and more strongly of a the mother: but, in any degree paramount the
resignation, moved from the party himself; but first the law respecteth not, and therefore the near
the law regardeth not that, because the admis- heir by the grandmother, on the part of the father,
sion of the new incumbent is the act of the shall have it, before the remote heir of the grandordinary. father on the part of the father.
So if I be seised of an advowson in gross, and This rule faileth in covinous acts, which,
a usurpation be had against me, and at the next though they be conveyed through many degrees
avoidance I usurp arere, I shall be remitted: and and reaches, yet the law taketh heed to the coryet the presentation, which is the act remote, is rupt beginning, and counteth all as one entire act.
mine own act; but the admission of my clerk, As if a feoffmnent be made of lands 37 R. Da.re's
whereby the inheritance is reduced to me, is the held by knight's service to I. S. upon case, obiter.
act of the ordinary. condition that he, within a certain time, shall
So if I covenant with I. S. a stran- enfeoff I. D. which feoffment to 1. D. shall be to
5 H. 7. 25.
ger, in consideration of natural love to the use of the wife of the first feoffer for her jointmy son, to stand seised of the use of the said I. S. ure, &c.; this feoffment is within the statute of
to the intent he shall enfeoff my son; by this no 32 H. VIII. nam dolus circuitt non purgatur.
use ariseth to I. S. because the law doth respect In like manner this rule holdeth not in crimithat there is no immediate consideration between nal acts, except they have a full interruption;
ine and I. S. because when the intention is matter of substance,
2 H. 4.4 H.. So if I be bound to enter into a sta- and that which the law doth principally behold,
Oy. f. 1. tute before the mayor of the staple at there the first motive will be principally regarded,
such a day, for the security of one hundred and notthe last impulsion. As if I. S.
pounds, and the obligee, before the day, accept of malice prepense discharge a pistol aPtreCsaiely e
Strel.
of ine a lease of a house in satisfaction; this is at I. D. and miss him, whereupon he
no plea in debt upon my obligation: and yet the throws down his pistol and flies, and I. D. pursuetn
end of that statute was but security of money; him to kill him, whereupon he turneth and killeth
but because the entering into this statute itself, I. D. with a dagger; if the law should consider
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