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him and I. D. and I. N., it rests ambiguous whether this submission shall be intended collectivè of joint actions only, or distributive of several actions also: but because the words shall be strongliest taken against I. S. that speaks them, it shall be understood of both. For if I. S. had submitted himself to arbitrement of all actions and suits which he hath now depending, except it be such as are between him and I. D. and I. N., now it shall be understood collectivè only of joint actions: because in the other case large construction was hardest against him that speaks, and in this case strict construction is hardest.

1So if I grant ten pounds rent to baron 8 Ass. pl. 10. and feme, and if the baron die that the feme shall have three pounds rent; because these words rest ambiguous, whether I intend three pounds by way of increase or three pounds by way of restraint and abatement of the former rent of ten pounds, it shall be taken strongliest against me that am the grantor; that is, three pounds addition to the ten pounds. But if I had let lands to baron and feme for three lives reserving ten pounds per annum, and, if the baron die, reddendo three pounds; this shall be taken contrary to the former case, to abridge my rent only to three pounds.

pl. 1.

So if I demise omnes boscos meos in villa de 14 H. 8. f. 1. Dale for years; this passeth the soil: but if Dy. f. 9. I demise all my lands in Dale exceptis boscis; this extendeth to the trees only, and not to the soil.

1 The Camb. MS. omits this, and proceeds to give one example of cases of implication: "So in implications; if I. S. grant all his woods in such a close, it implies a liberty unto the grantee to come upon the ground and cut them down: but if I. S. lease the close excepting the woods, then himself shall have no such liberty, because he did not specially reserve it." And it omits the cases in the five following paragraphs.

So if I sow my land with corn, and let it for years; the corn passeth to the lessee, if I except it not: but if I make a lease for life to I. S. upon condition that upon request he shall make me a lease for years, and I. S. sow the ground, and then I make request; I. S. may well make me a lease excepting his corn, and not break the condition.

8 H. 7. f. 4, 5.

pl. .0.

Dy. f. 30.

So if I have free warren in my own land, 32 H. 6. f. 24. and let my land for life, not mentioning the warren; yet the lessee, by implication, shall have the warren discharged and extinct during his lease but if I let the land una cum libera garrena, excepting white acre; there the warren is not by implication reserved unto me either to be enjoyed or extinguished; but the lessee shall have warren against me in white acre.

29 Ass. pl. 20. So if I. S. hold of me by fealty and rent only, and I grant the rent, not speaking of the fealty; yet the fealty by implication shall pass, because my grant shall be taken strongly as of a rent service, and not of a rent secke.

44 Ed. 3. f. 19. pl. 15.

Otherwise had it been if the seigniory had been by homage, fealty, and rent; because of the dignity of the service, which could not have passed by intendment by the grant of the rent.

But if I be seised of the manor of Dale in fee, whereof I. S. holds by fealty and rent, and I grant the manor, excepting the rent; the fealty shall pass to the grantee, and I shall have but a rent secke.

So in grants against the law: if I give land to I. S. and his heirs males, this is a good fee-simple, which is a larger estate than the words seem to intend, and the word "males" is void. But if I make a gift in tail,

reserving rent to me and the heirs of my body, the words "of my body" are not void, and so to leave it a rent in fee-simple; but the words "heirs" and all are void, and leave it but a rent for life: except that you will say, it is but a limitation to any my heir in feesimple which shall be heir of my body; for it cannot be a rent in tail by reservation.

pl. 22.

So if I give land with my daughter in 45 Ed. 3. f. 18. frank marriage, the remainder to I. S. and 124 Eliz.] his heirs; this grant cannot be good in all parts, according to the words; for it is incident to the nature of a gift in frank marriage, that the donee hold of the donor and therefore my deed shall be taken so strongly against myself, that, rather than the remainder shall be void, the frank marriage, though it be first placed in the deed, shall be void as a frank marriage.

pl. 6.

2 But if I give land in frank marriage, re- 4 H. 6. f. 22 serving to me and my heirs ten pounds rent; 25 Ass. pl. 66. now the frank marriage stands good, and the reservation is void, because it is a limitation of a benefit to myself, and not to a stranger.

So if I let white aère, black acre, and green acre to I. S. excepting white acre, this exception is void, because it is repugnant; but if I let the three acres aforesaid, rendering twenty shillings rent, viz. for white acre ten shillings, and for black acre ten shillings, I shall not distrain at all in green acre, but that shall be discharged of my rent.

So if I grant a rent to I. S. and his heirs 46 E. 3. f. 18. out of my manor of Dale, et obligo manerium pl. 17.

1 Perhaps Webb v. Porter cited by Sir Matthew Hale in his notes on Co. Lit. 21 a.

2 All these remaining cases of grants against the law are omitted in the Camb. MS.

prædictum et omnia bona et catalla mea super manerium prædictum existentia ad distringendum per ballivos domini regis: this limitation of the distress to the king's bailiffs is void; and it is good to give a power of distress to I. S. the grantee, and his bailiffs.

2 Ed. 4. f. 5. pl. 11.

But if I give land in tail tenendum de capitalibus dominis per redditum viginti solidorum et fidelitatem: this limitation of tenure to the lord is void; and it shall not be good, as in the other case, to make the reservation of twenty shillings good unto myself; but it shall be utterly void, as if no reservation at all had been made and if the truth be that I, that am the donor, hold of the lord paramount by ten shillings only, then there shall be ten shillings only intended to be reserved upon the gift in tail as for owelty.

pl. 79.

Dy. f. 46.

21 Ed. 3. f. 49. So if I give land to I. S. and the heirs of his body, and for default of such issue quod tenementum prædictum revertatur ad I. N.; yet these words of reversion will carry a remainder to a stranger. But if I let white acre to I. S. excepting ten shillings 35 H. 6. f. 34. rent, these words of exception to mine own benefit shall never inure to words of reservation.

But now it is to be noted, that this rule is the rule which is last to be resorted to, and is never to be relied upon but where all other rules of exposition of words fail; and if any other rule come in place, this giveth place. And that is a point worthy to be observed generally in the rules of the law, when they encounter and cross one another in any case, that it be understood which the law holdeth worthier and to be preferred. And it is in this particular very notable to consider, that this being a rule of some strictness and rigour, doth not, as it were, his office, but in absence of other

rules which are of more equity and humanity. Which rules you shall find afterwards set down with their expositions and limitations. But now to give a taste of them to this present purpose:

It is a rule, that general words shall never be stretched to a foreign intendment; which the civilians utter thus: Verba generalia restringuntur ad habilitatem personæ, vel ad aptitudinem rei. Therefore, 14 Ass. pl. 21. if a man grant to another common intra metas et bundas ville de Dale, and part of the ville is his several, and part is his waste and common; the grantee shall not have common in the several: and yet that is the strongest exposition against the grantor.

So it is a rule, Verba ita sunt intelligenda, Litt. sec. 345. ut res magis valeat, quam pereat. And therefore if I give land to I. S. and his heirs, reddendo quinque libras annuatim to I. D. and his heirs; this implies a condition to me that am the grantor: yet it were a stronger exposition against me to say the limitation should be void, and the feoffment absolute.

pl. 1.

So it is a rule, that the law will not intend a wrong; which the civilians utter thus: Ea est accipienda interpretatio, quæ vitio caret.1 And therefore if 10 Ea. 4. f. 1. the executors of I. S. grant omnia bona et catalla sua, the goods which they have as executors will not pass, because non constat whether it may be a devastation, and so a wrong: and yet against a trespasser that taketh them out of their hand they shall declare quod bona sua cepit.

1 The Camb. MS. here gives a different example: "So if I grant all the timber trees crescentes super terras meas in D., and I have lands in D. in fee simple and other lands for life, this grant shall be construed only to extend to the lands I have in fee simple: and yet the other exposition were stronger against me. And so it is of all other rules of exposition of words." And here this Regula ends in the MS.

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