tion of those in the remainder, if it be by deed; but they are all parties to the livery.1

So if tenant for life, the remainder in fee, be; and they join in granting a rent charge, this is one solid rent out of both their estates, and no double rent, nor rent by confirmation.

So if tenant in tail be at this day, and he make a lease for three lives and his own; this is a good lease, and warranted by the statute of 32 H. VIII. and yet it is good in part by the authority which tenant in tail hath by the common law, that is for his own life, and in part by the authority which he hath by the statute, that is for the other three lives.

So if a man be seised of lands devisable by custom, and of other lands held in knight's service, and devise all his lands; this is a good devise of all the lands customary by the common law, and of two parts of the other lands by the statute.

So in the Star-chamber a sentence may be good, grounded in part upon the authority given the court by the statute of 3 H. VII. and in part upon that ancient authority which the court hath by the common law,2 and so upon several commissions.

But if there be any form which the law appointeth to be observed which cannot agree with the diversity of authorities, then this rule faileth; as if three co-parceners be, and one of them alien her purparty; the feoffee and one of the sisters cannot join in a writ de part' facienda, because it behoveth the feoffee to mention the statute in his writ.

Co. Litt. 175 b.

1 A commentator in the first edition observes that the law is clearly contrary, and cites many authorities. It seems to me one of the clearest instances of Bacon's intentional "correction of the law."

2 The two MSS. in the Br. Mus. introduce here, "and yet no Bishop or Lord Temporal present;" besides some other verbal differences.

REGULA XXIV.

Præsentia corporis tollit errorem nominis, et veritas nominis tollit errorem demonstrationis.

THERE be three degrees of certainty; presence; name; and demonstration or reference: whereof the presence the law holdeth of greatest dignity; the name in the second degree; and the demonstration or reference in the lowest; and always error or falsity in the less worthy shall not control nor frustrate sufficient certainty and verity in the more worthy.

And therefore if I give a horse to I. D. being present, and say unto him, I. S. take this; this is a good gift, notwithstanding I call him by a wrong name: but so had it not been if I had delivered the horse to a stranger to the use of I. S. where I meant I. D.

So if I say unto I. S. Here I give you my ring with the ruby, and deliver it with my hand, and the ring bear a diamond and no ruby; this is a good gift notwithstanding I named it amiss: so had it not been if by word or writing, without the delivery of the ring itself, I had given the ring with the ruby; although I had none such, but only one with a diamond, which I meant, yet it would not have passed.

So if I by deed grant unto you by general words all the lands which the King hath passed unto me by letters patent dated 1° Maii, unto this present indenture annexed; and the patent annexed have date 1o Julii ; yet if it be proved that that was the true patent annexed, the presence of the patent maketh the error of the date recited not material: but if no patent had been annexed, and there had been also no other cer

tainty given but the reference of the patent the date whereof was misrecited; although I had no other patent ever of the King, yet nothing would have passed.

Like law is it, but more doubtful, where there is not a presence, but a kind of representation; which is less worthy than a presence, and yet more worthy than a name or reference.

As if I covenant with my ward, that I will tender unto him no other marriage than the gentlewoman whose picture I delivered him, and that picture hath about it ætatis suae anno 16, and the gentlewoman is seventeen years old; yet nevertheless, if it can be proved that the picture was made for that gentlewoman, I may, notwithstanding this mistaking, tender her well enough.

So if I grant you for life a way over my land, according to a plot indented between us; and, after, I grant unto you and your heirs a way according to the first plot indented, whereof a double is annexed to these presents; and there be some special variance between the double and the original plot: yet this representation shall be certainty sufficient to lead unto the first plot; and you shall have the way in fee nevertheless, according to the first plot, and not according to the double.

So if I grant unto you by general words the land which the King hath granted me by his letters patent, quarum tenor sequitur in hæc verba, &c. and there be some mistaking in the recital and variance from the original patent, although it be in a point material; yet the representation of this whole patent shall be as the annexing of the true patent, and the grant shall not be void by this variance.

Now, for the second part of this rule, touching the name and the reference; for the explaining thereof it must be noted what things sound in name or denomination, and what things sound in demonstration or addition as first, in lands the greatest certainty is, where the land hath a proper name and cognizance; as, "the manor of Dale," "Grandfield," &c.: the next is equal to that, when the land is set forth by bounds and abuttals, as "a close of pasture abutting on the east part upon Emsden Wood, on the south upon, &c." It is also a sufficient name to lay the general boundary, that is, some place of larger precinct, if there be no other land to pass in the same precinct; as "all my lands in Dale," "my tenement in St. Dunstan's parish," &c. A fourth sort of denomination is, to name lands by the attendancy they have to other lands more notorious; as "parcel of my manor of D." "belonging to such a college," "lying upon Thames' Bank, &c."

All these things or notes sound in name or denomination of lands; because they be signs local, and therefore of property to signify and name a place.

But these notes, that sound only in demonstration or addition, are such as are but transitory and accidental to the nature of a place :

As, modo in tenura et occupatione I. S. For the proprietary, tenure, or possession is but a thing transitory in respect of land; Generatio venit, generatio migrat, terra autem manet in æternum.

So likewise matter of conveyance, title, or instrument: As, quæ perquisivi de I. D. or quae descendebant à I. N. patre meo, or, in prædicta indentura dimissionis, or, in prædictis literis patentibus specificat'.

So likewise, continent' per æstimationem 20 acras: or if per æstimationem be left out, all is one, for it is understood; and this matter of measure, though it seem local, yet it is indeed but opinion and observation of

men.

This distinction being made, the rule is to be examined by it.

Therefore if I grant my close called Dale, in the parish of Hurst, in the county of Southampton; and the parish likewise extendeth into the county of Berkshire, and the whole close of Dale lieth in the county of Berkshire; yet because the parcel is specially named, the falsity of the addition hurteth not; and yet this addition did sound in name; but, as was said, it was less worthy than a proper name.

So if I grant tenementum meum, or omnia tenementa mea, (for the universal and indefinite to this purpose are all one) in parochia Sancti Butolphi extra Aldgate, where the verity is extra Bishopsgate, in tenura Guilielmi, which is true; yet this grant is void, because that which sounds in denomination is false, which is the more worthy, and that which sounds in addition is true, which is the less; and though in tenura GuiSee 8 Co. 10. lielmi, which is true, had been first placed, yet it had been all one, the notes being of unequal dignity.

But if I grant tenementum meum quod perquisivi de R. C. in Dale, where the truth was T. C., and I have no other tenement in Dale but one; this grant is good, because that which soundeth in name, namely, in Dale, is true, and that which sounded in addition, viz. quod perquisivi, &c., is only false.

So if I grant prata mea in Sale continentia 10 acras,