and suffer a recovery to the conusee, and in both fine and recovery there is error; this fine is Janus bifrons, and will look forwards, and bar him of his writ of error brought of the recovery; and therefore it will come to the reason of the first case of the attainder, that he must reply, that he hath a writ also depending of the same fine, and so demand judgment.

To return to our first purpose, like law is it if tenant in tail of two acres make two several discontinuances to several persons for life rendering a rent, and bringeth a formedon of both, and in formedon brought of white acre the reversion and rent reserved upon black acre is pleaded, and so contrary: I take it to be a good replication, that he hath formedon also upon that depending, whereunto the tenant hath pleaded the descent of the reversion of white acre; and so neither shall be a bar: and yet there is no doubt but if in a formedon the warranty of tenant in tail with assets be pleaded, it is no replication for the issue to say, that a præcipe dependeth brought by I. S. to evict the assets. But the former case standeth upon the particular reason before mentioned.

REGULA III.

Verba fortius accipiuntur contra proferentem. THIS rule, that a man's deeds and his words shall be taken strongliest against himself, though it be one of the most common grounds of the law, it is notwithstanding a rule drawn out of the depth of reason; for, first, it is a schoolmaster of wisdom and diligence in making men watchful in their own business; next, it is author of much quiet and certainty, and that in two sorts; first, because it favoureth acts and conveyances executed, taking them still beneficially for the grantees and possessors: and secondly, because it makes an end of many questions and doubts about construction of words; for if the labour were only to pick out the intention of the parties, every judge would have a several sense; whereas this rule doth give them a sway to take the law more certainly one way.

But this rule, as all other which are very general, is but a sound in the air, and cometh in sometimes to help and make up other reasons without any great instruction or direction; except it be duly conceived in point of difference, where it taketh place, and where not. And first we will examine it in grants, and then in pleadings.

The force of this rule is in three things, in ambiguity of

words, in implication of matter, and deducing or qualifying the exposition of such grants as were against the law, if they were taken according to their words.

And, therefore, if I. S. submit himself to arbitrement of 2 R. 3. 18. all actions and suits between him and I. D. and I. N. it 21 H. 7. 29. rests ambiguous whether this submission shall be intended collective of joint actions only, or distributivè 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 collective 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.

of

So if I grant ten pounds rent to baron and feme, and if 8 Ass. p. 10. 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 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, reserving three pounds; this shall be taken contrary to the former case, to abridge my rent only to three pounds.

So if I demise omnes boscos meos in villa de Dale for 14 H. 8. years, this passeth the soil; but if I demise all my lands 28 H. 8. in Dale exceptis boscis, this extendeth to the trees only, and

not to the soil.

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.

Dr. 19.

32 H. 6. 24.

So if I have free warren in my own land, and let my land 8 H. 7. for life, not mentioning the warren, yet the lessee, by im- 8 H. 9. 5. plication, shall have the warren discharged and extract 28 H. 8. during his lease: but if I let the land una cum libera Dy. 30. 6. warrena, 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.

So if I. S. hold of me by fealty and rent only, and I 29. Ass. pl.

10.

44 Ed. 3. 19.

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.

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 26 Ass. pl. 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. S. shall have but a rent secke.

66.

45 Ed. 3. 290. 24 R.*

4 H. 6. 22.

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 to leave it 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 fee-simple which shall be heir of my body; for it cannot be rent in tail by reservation.

But if I give land with my daughter in frank marriage, the remainder to I. S. and 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.

But if I give land in frank marriage, reserving to me and my heirs ten pounds rent, 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 acre, 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 out of my

Quære car le ley sémble déi le contrary en tant que in un grant quant lun part del fait ne poit estoier oue lauter le darr: serra void, auterment in un devise et accordant fuit lopin: de Sur Anderson et Owen Just contra Walmesley Just. P. 40. Eliz. in le case de Comtesse de Warwick et Sur Barkley in com. banco.

manor of Dale, et obligo manerium prædictum et omnia bona 26 Ass. pl. et catalla mea super manerium prædictum existentia ad dis- 66. tringendum per ballivos domini regis: this limitation of the 46 E. 3. 18. 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.

But if I give land in tail tenendo de capitalibus dominis 2 Ed. 4. 5. per redditum viginti solidorum per fidelitatem: this limitation of tenure to the lord is void; and it shall not be good, as in the other case, to make a 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 reserved upon the gift in tail as for ovelty.

So if I give land to I. S. and the heirs of his body, and 21 Ed. 3. 49. for default of such issue quod tenementum prædictum rever- 31 et 32 H. tatur ad I. N. yet these words of reservation will carry a Plow. fo. 37. 8. Dyer 46. remainder to a stranger. But if I let white acre to I. S. 35 H. 6. 34. excepting ten shillings 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 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, that when they encounter and cross one another in any case, 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 too far in intendment, which the civilians utter thus: Verba generalia restringuntur ad habilitatem persona, vel ad aptitudinem rei.

21.

Therefore, if a man grant to another, common intra metas 14 Ass. pl. et bundas villa 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, ut res magis Lit. cap. aleat, quam pereat: and therefore if I give land to I. S. cond.

10. Ed. 4. 1.

3 H. 6. 20.

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.

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. And therefore if 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 not be a devastation, and so a wrong; and yet against the trespasser that taketh them out of their hand, they shall declare quod bona sua cepit.

So it is a rule, words are to be understood that they work somewhat, and be not idle and frivolous: Verba aliquid operari debent, verba cum effectu sunt accipienda. And therefore if I buy and sell you four parts of my manor of Dale, and say not in how many parts to be divided, this shall be construed four parts of five, and not of six nor seven, &c. because that it is the strongest against me; but on the other side, it shall not be intended four parts of four parts, that is whole of four quarters; and yet that were strongest of all, but then the words were idle and of none effect.

So it is a rule, Divinatio non interpretatio est, quæ omnino recedit a litera: and therefore if I have a fee farmrent issuing out of white acre of ten shillings, and I reciting the same reservation do grant to I. S. the rent of five shillings percipiend' de reddit' prædict' et de omnibus terris et tenementis meis in Dale, with a clause of distress, although there be atturnement, yet nothing passeth out of my former rent; and yet that were strongest against me to have it a double rent, or grant of part of that rent with an enlargement of a distress in the other land, but for that it is against the words, because copulatio verborum inclinat exceptionem in eodem sensu, and the word de, anglicè out of, may be taken in two senses, that is, either as a greater sum out of a less, or as a charge out of land, or other principal interest; and that the coupling of it with lands and tenements, viz. I reciting that I am seised of such a rent of ten shillings, do grant five shillings percipiend' de eodem reddiť, it is good enough without atturnement; because percipiend' de, etc. may well be taken for parcella de, etc. without violence to the words; but if it had been percipiend' de, I. S. without saying de redditibus prædict', although I. S.