The works of Francis Bacon, lord chancellor of England.

MAXIMS OF THE LAW. 235
So if I grant to a man omn7es arbores | add, because some have sought to weaken the
14 H. 8. 2.
meas crescentes supra teras inceas in D. law in that point.
he shall not have apple trees, nor other fruit trees So if land descend to the eldest son of a person
growing in my gardens or orchards, if there be attainted from his ancestor of the mother held in
any other trees upon my grounds. knight's service, the guardian shall F N Br fo
41 Ed. 3. 6. So if I grant to I. S. an annuity of enter, and oust the father, because the 143. De Droit.
"'et 1 ten pounds a year pro consilio impenso law giveth the father that prerogative in respect
et impendendo, if I S. be a physician, it shall be he is his son and heir; for of a daughter or a speunderstood of his counsel in physic; and if he be cial heir in tail he shall not have it: but if the
a lawyer, of his counsel in law. son be attainted, and the father covenant in conSo if I do let a tenement to I. S. near by my sideration of natural love to stand seised of land
dwelling-house in a borough, provided that he to his use, this is good enough to raise a use,
shall not erect or use any shop in the same with- because the privity of a natural affection remaineth.
out my license, and afterwards I license him to So if a man be attainted and have
erect a shop, and I. S. is then a miller, he shall charter, of pardon, and be returned of a
not, by virtue of these general words, erect a jury between his son and I. S. the challenge
joiner's shop. remaineth; so may he maintain any suit of his
26 E. 37 D So the statute of chantries, that son, notwithstanding the blood be corrupted.
willeth all lands to be forfeited, given So by the statute of 21 H. VIII. the ordinary
or employed to a superstitious use, shall not be ought to commit the administration of his goods
16 Eliz. construed of the glebe lands of parson- that was attainted and purchase his charter of
337 Oyer. ages: nay farther, if the lands be given pardon, to his children, though born before the
to the parson of D. to say a mass in his church pardon, for it is no question of inheritance: for
of D. this is out of the statute, because it shall be if one brother of the half blood die, the 5 Ed. 6. Adm.
intended but as augmentation of his glebe; but administration ought to be committed 47.
otherwise it had been, if it had been to say a mass to his other brother of the half blood, if there be
in any other church than his own. no nearer by the father.
So in the statute of wrecks, that willeth that So if the uncle by the mother be at33 H. 65.
goods wrecked where any live domestical crea- tainted, and pardoned, and land descend
ture remains in the vessel, shall be preserved and from the father to the son within age held in socage,
kept to the use of the owner that shall make his the uncle shall be guardian in socage; for that
claim by the space of one year, doth not extend savoureth so little of the privity of heir, as the
to fresh victuals or the like, which is impossible possibility to inherit shutteth not.
to keep without perishing or destroying it; for in But if a feme tenant in tail assent to the ravisher,
these and the like cases general words may be and have no issue, and her cousin is attainted,
taken, as was said, to a rare foreign intent, but and pardoned, and purchaseth the reversion, he
never to an unreasonable intent. shall not enter for a forfeiture. For
5 Ed, 4. 50.
though the law giveth it not in point
REGULA XI. of inheritance, but only as a perquisite to any of
the blood, so he be next in estate; yet the recomJura sanguinis nullo jure civili dirimi possunt pense is understood for the stain of his blood
THEY be the very words of the civil law, which cannot be considered when it is once
which cannot be amended, to explain this rule, wholly corrupted before.
hIres est nomen juris, Filius est nomen naturw: So if a villain be attainted, yet the lord shall
therefore corruption of blood taketh away the have the issues of his villain born before or after
privity of the one, that is, of the heir, but not of the attainder; for the lord hath them jure naturaw
36 H. 6. 67,58. other, that is, of the son; therefore if a but as the increase of a flock.
21 Ed. 3.17. man be attainted and be murdered by Query, Whether if the eldest son be F. N.Br.82.G.
a stranger, the eldest son shall not have appeal, attainted and pardoned, the lord shall Register,fol.87.
because the appeal is given to the heir, for the have aid of his tenants to make him a knight,
youngest sons who are equal in blood shall not and it seemeth he shall; for the words of the
have it; but if an attainted person be killed writ hath filium primogeniturn, and not filium et
by his son, this is petty treason, for that the pri- hwredem, and the like writ hath pucr file marrier
vity of a son remaineth: for I admit the law to who is no heir.
Lamb. J be, that if the son kill his father or
p.293. Fitz, mother it is petty treason, and that REGULA XII.
there rerraineth so much in our laws
of the ancient footsteps of potestas patrice and Receditur a placitis juris, potius quitm injura, et
natural obedience, which by the law of God is the delicta maneant impunita.
very instance itself; and all other government THE law hath many grounds and positive
and obedience is taken but by equity, which I learnings, which are not of the maxims and con