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ilege of the person for if the King grant the lease over, the condition is revived as it was.

So if my tenant for life grant his estate to the King; now if I will grant my reversion over, the King is not compellable to atturn; therefore it shall pass by grant by deed without atturnment.

So if my tenant for life be, and I grant my [9 Ed. 2.] reversion pur autre vie, and the grantee die living cestui que vie; now the privity between tenant for life and me is not restored, and I have no tenant in esse to atturn; therefore I may pass my reversion without


Dy. f. 48. pl


So if I have a nomination to a church, and another hath the presentation, and the presentation comes to the King; now because the King cannot be attendant, my nomination is turned to an absolute patronage.

So if a man be seised of an advowson, and See 7 Rep. 8 a. take a wife, and after title of dower given he join in impropriating the church, and dieth; now because the feme cannot have the third turn because of the perpetual incumbency, she shall have all the turns during her life for it shall not be disimpropriated to the benefit of the heir contrary to the grant of tenant in fee-simple.


But if a man grant the third presentment to I. S. and his heirs, and impropriate the advowson; now the grantee is without remedy, for he took his grant subject to that mischief at the first: and, therefore it was his laches, and therefore not like the case of the dower. And this grant of the third avoidance is not like tertia

1 This explanation is omitted in Camb. MS.: as is the whole of the next


pars advocationis, or medietas advocationis, upon a tenancy in common of the advowson: for if two tenants in common be, and an usurpation be had against them, and the usurper do impropriate, and one of the tenants in common do release, and the other bring his writ of right de medietate advocationis, and recover; now I take the law to be that, because tenants in common ought to join in presentments, which cannot now be, he shall have the whole patronage. For neither can there be an apportionment, that he should present all the turns and his incumbent but to have a moiety of the profits, nor yet the act of impropriation shall not be defeated: but as, if two tenants in com

45 Ed. 3. f 10. pl. 2.

mon be of a ward, and they join in a writ of right of ward, and one release, the other shall recover the entire ward, because it cannot be divided; so shall it be in the other case, though it be of inheritance, and though he bring his action alone.

Also if a disseisor be disseised, and the first disseisee release to the second disseisor upon condition, and a descent be cast, and the condition broken; now the mesne disseisor, whose right is revived, shall enter notwithstanding this descent, because his right was taken away by the act of a stranger.

But if I. S. devise land by the statute of 32 H. VIII. and the heir of the devisor enters and makes a feoffment in fee, and feoffee dieth seised; this descent bindeth, and there shall not be a perpetual liberty of entry upon the reason that he never had seisin where

1 In the Camb. MS. these cases of the devisee and patentee are introduced at the end of the Rule, with the introductory observation: "Note also, if it be not citra culpam suam, but that there be laches in the party, then the law useth no such indulgence to him." As to the point, see Co. Litt. 240 b., and Butler's note.

upon he might ground his action; but he is at a mischief by his own laches. And the like law of the Queen's patentee: for I see no reasonable difference between them and him in the remainder, which is Littleton's case.

But note, that the law by operation and matter in fact will never countervail and supply a title grounded upon a matter of record; and therefore if I be entitled unto a writ of error, and the land descend unto me, I shall never be remitted; no more shall I be unto an attaint, except I may also have a writ of right.

So if upon my avowry for services my Dy. f. 5. pl. 1. tenant disclaim, where I may have a writ of right as upon disclaimer; if the land after descend to me, I shall never be remitted.


Verba generalia restringuntur ad habilitatem rei vel persona.

It is a rule that the King's grants shall not be taken or construed to a special intent; it is not so with the grants of a common person, for they shall be extended as well to a foreign intent as to a common intent; yet with this exception, that they shall never be taken to an impertinent or a repugnant intent: for all words, whether they be in deeds or statutes or otherwise, if they be general and not express and precise, shall be restrained unto the fitness of the matter and the person. As if I grant common in omnibus terris Perk. pl. 108

1 Omitted in Camb. MS.

meis in D. and I have in D. both open grounds and several; it shall not be stretched to common in my several, much less in my garden or orchard.

pl. 1.

14 H. 8. f. 2. So if I grant to a man omnes arbores meas crescentes supra terras meas in D. he shall not have apple-trees nor other fruit-trees growing in my gardens or orchards, if there be any other trees upon my grounds.

41 Ed. 3. f. 6. So if I grant to I. S. an annuity of ten 19. pl. 14. 8. pounds a year pro consilio impenso et impendendo; if I. S. be a physician, it shall be understood of his counsel in physic; and if he be a lawyer, of his counsel in law.

So if I do let a tenement to I. S. near by my dwelling-house in a borough, provided that he shall not erect or use any shop in the same without my license, and afterwards I license him to erect a shop, and I. S. is then a milliner; he shall not, by virtue of these general words, erect a joiner's shop.

Dy. f. 337. pl. 38.

So the statute of chantries, that willeth all lands to be forfeited that were given or employed to a superstitious use, shall not be construed of the glebe lands of parsonages: nay farther, if lands be given to the parson and his successors of D. to say a mass in his church of D. this is out of the statute, because it shall be intended but as augmentation of his glebe: but otherwise had it been, if it had been to say a mass in another church than his own.

Stat. Westm. 1. cap. 4.

So the statute of wrecks, that willeth that goods wrecked, where any live domestical creature remains in the vessel, shall be preserved and kept to the use of the owner that shall make his claim by the space of one year, doth not extend to fresh vict


uals or the like, which is impossible to keep without perishing or destroying it: for in these and the like cases general words may be taken, as was said, to a rare or foreign intent, but never to an unreasonable intent.


Jura sanguinis nullo jure civili dirimi possunt. THEY be the very words of the civil law, which cannot be amended.

35 H. 6. f. 57,


To explain this rule: Hares est nomen juris, filius est nomen nature; therefore corruption of blood taketh away the privity of the one, that is of the heir, but not of other, that is of the son: therefore if a man be attainted and be murdered by a stranger the eldest son shall not have appeal, because the appeal is given to the heir; for the youngest sons who are equal in blood shall not have it: but if an attainted person be killed by his son, this is petty treason, for that the privity of a son remaineth. For1 I admit the law to be that if the son kill his f. 245. father or mother it is petty treason, and that there remaineth in our laws so much of the ancient footsteps of potestas patria and natural obedience; which by the law of God is the very instance itself, and all other government and obedience is taken but by equity: which I add because some have sought to weaken the law in that point.

Lamb. Jus.

So if land descend to the eldest son of a person attainted from an ancestor of the mother held in knight's 1 This paragraph is not in Camb. MS.

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