execution of the title which the law giveth: and therefore the rent or condition shall be apportioned.

So in the binding of a right by a descent, you are to consider the whole time from the disseisin to the descent cast; and if at all times the person be not privileged, the descent binds.

M. Dr.

And therefore if a feme covert be disseised, and 9 H. 7. 24. the baron dieth, and she taketh a new husband, and 3 et 4 P. et then the descent is cast: or if a man that is not infra 143. quatuor maria, be disseised, and return into England, and go over sea again, and then a descent is cast, this descent bindeth, because of the interim when the persons might have entered; and the law respecteth not the state of the person at the last time of the descent cast, but a continuance from the very disseisin to the descent.

159.

So if baron and feme be, and they join in feoffment 4 et 5 P. of the wife's land rendring rent, and the baron die, et M. Dy. and the feme take a new husband before any rentday, and he accept the rent, the feoffment is affirmed for ever.

REGULA II.

Non potest adduci exceptio ejusdem rei, cujus petitur dissolutio.

Ir were impertinent and contrary in itself, for the law to allow of a plea in bar of such matter as is to be defeated by the same suit; for it is included: and otherwise a man should never come to the end and effect of his suit, but be cut off in the way.

And therefore if tenant in tail of a manor, whereunto a villain is regardant, discontinue and die, and the right of entail descend unto the villain himself, who brings formedon, and the discontinuee pleadeth villenage; this is no plea, because the devester of the manor, which is the intent of the suit, doth include this plea, because it determineth the villenage.

So if tenant in ancient demesne be disseised by the 50 E. 3. lord, whereby the seigniory is suspended, and the dis

seisee bring his assize in the court of the lord; frank fee is no plea, because the suit is to undo the disseisin, and to receive the seigniory in ancient demesne.

7 H. 4.39. So if a man be attainted and executed, and the heir 7 H.6. 44. bring error upon the attainder, and corruption of blood by the same attainder be pleaded, to interrupt his conveying in the said writ of error; this is no plea, for then he were without remedy ever to reverse the attainder.

38 Ed. 3. 32.

So if tenant in tail discontinue for life rendering rent, and the issue brings formedon, and the warrant of his ancestor with assets is pleaded against him, and the assets is layed to be no other but his reversion with the rent; this is no plea, because the formedon which is brought to undo this discontinuance, doth inclusively undo this new reversion in fee, and the rent thereunto annexed.

But whether this rule may take place when the matter of the plea is not to be avoided in the same suit but in another suit, is doubtful; and I rather take the law to be, that this rule doth extend to such cases; where otherwise the party were at a mischief, in respect the exceptions or bars might be pleaded cross, either of them, in' the contrary suit; and so the party altogether prevented and intercepted to come by his right.

So if a man be attainted by two several attainders, and there is error in them both, there is no reason but there should be a remedy open for the heir to reverse those attainders being erroneous, as well if they be twenty as one.

And therefore, if in the writ of error brought by the heir of one of them, the other attainder should be a plea peremptorily; and so again, if in error brought of that other, the former should be a plea; these were to exclude him utterly of his right: and therefore it shall be a good replication to say, that he hath a writ of error depending of that also, and so the court shall proceed but no judgment shall be given till both pleas be discussed; and if either plea be found without error, there shall be no reversal either of the one or of the other; and if he discontinue either writ, then

shall it be no longer a plea: and so of several outlawries in a personal action.

And this seemeth to me more reasonable, than that generally an outlawry or an attainder should be no plea in a writ of error brought upon a diverse out lawry or attainder, as 7 H. IV. and 7 H. VI. seem to hold; for that is a remedy too large for the mischief; for there is no reason but if any of the outlawries be indeed without error, but it should be a peremptory plea to the person in a writ of error, as well as in any other action.

But if a man levy a fine sur conusaunce de droit come ceo que il ad de son done, and suffer a recovery of the same lands, and there be error in them both, he cannot bring error first of the fine, because by the recovery his title of error is discharged and released in law inclusive, but he must begin with the error upon 37 R. the recovery, which he may do, because a fine executed barreth no titles that accrue de puisne tems after the fine levied, and so restore himself to his title of error upon the fine: but so it is not in the former case of the attainder; for the writ of error to a former attainder is not given away by a second, except it be by express words of an act of parliament, but only it remaineth a plea to his person while he liveth, and to the conveyance of the heir after his death.

But if a man levy a fine where he hath nothing in the land, which inureth by way of conclusion only, and is executory against all purchases and new titles which shall grow to the conusor afterwards, and he purchase the land, 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, to bar him in the writ of error brought of the recovery; and therefore it will come to the reason of the first cause of the attainder, that he must reply, that he hath a writ of error also depending of the same fine, and so demand judgment.

45.

To return to our first purpose, like law is it if tenant 16 E. 3. in tail of two acres make two several discontinuances Fitz. age, to two several persons for life rendering, and bring the 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 warrant of tenant in tail with assets be pleaded, it is a 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 rules 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 reducing and qualifying the exposition of such grants as were

against the law, if they were taken according to their words,

29.

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

So if I grant ten pounds rent to baron and feme, 8 Ass. p. and if the baron die that the feme shall have three 10. 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, reddendum 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 14 H. 8.

28 H. 8.

for years, this passeth the soil; but if I demise all my Dr. 19.

lands 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.

28 H. 8.

So if I have free warren in my own land, and let my 8 H. 9. 5. land for life, not mentioning my warren, yet the lessee 32.6.24. by implication shall have the warren discharged and Dy. 30. 6. extinct during his lease: but if I had let the land una