of the forfeiture, quia[1] aliquis non debet esse Judex in propriâ causâ, imo iniquum est aliquem suæ rei esse judicem; and one cannot be judge and attorney for any of the parties, Dyer 3 E. 6. 65. 38 E. 3. 15. 8 H. 6. 19. b. 20. a. 21 E. 4. 47. a. &c. And it appears in our books, that in many cases, the common law will[2] controul acts of Parliament, and sometimes adjudge them to be utterly void: for when an act of Parliament is against common right and reason, or repugnant, or impossible to be performed, the common law will controul it, and adjudge such act to be void: and therefore in 8 E. 3. 30. a. b. Thomas Tregor's case on the statute of W. 2. c. 38. & artic' super chartas, c. 9. Herle[3] saith, some statutes are made against law and right, which those who made them perceiving, would not put them in execution: the stat. of W. 2.[4] c. 21 gives a writ of Cessavit hæredi petenti super hæredem?] tenent' & super eos quibus alienatum fuerit hujusmodi tenementum: and yet it is adjudged in 33 E. 3.ə Cessavit 42. where the case was, two coparceners lords, and tenant by fealty and certain rent, one coparcener had issue and died, the aunt and the niece shall not join in a Cessavit, because the heir[5] shall not have a Cessavit for the cesser in the time of his ancestor, F. N. B. 209. F. and therewith agrees Plow. Com. 110. a. and the reason is, because in a Cessavit the tenant before judgment may render the arrearages and damages, &c. and retain his land, and that he cannot do when the heir brings a Cessavit for the cesser in the time of his ancestor, for the arrearages incurred in the life of the ancestor do not belong to the heir: and because it would be against common right and reason, the common law' adjudges the said act of Parliament
