29 H. 8. pl. 7. in fine.

22 Ass. 52. F.

Rec. in

common with himself and his companion pro rata of that he doth lay out, the law doth reject that course for intricateness.

So if I. S. have a lease for years worth 201. by the year, and grant unto I. D. a rent charge of 107. a year, and after make him my executor; now I. D. shall be charged with assets 10%. only, and the other value 23. 10. shall be allowed and considered to him; and the reason is, because the not refusing shall be accounted no laches to him, because an executorship is pium officium, and matter of conscience and trust, and not like a purchase to a man's own use.

12H.4.22.

Like law is, where the debtor makes the debtee his Cond. 185. executor, the debt shall be considered in the assets, 37 H.6.32. notwithstanding it be a thing in action.

2 H. 7.5.

6 E. 6.

6.

So if I have a rent charge, and grant that upon cond. 138. condition, now though the condition be broken, the grantee's estate is not defeated till I have made my Lit.pl.352. claim; but if after any such grant my father purchase the land, and it descend to me, now if the condition be broken, the rent ceaseth without claim: but if I had purchased the land myself, then I had extincted mine own condition, because I had disabled myself to make my claim: and yet a condition collateral is not 20 H. 7. suspended by taking back an estate; as if I make a per Pol. feoffment in fee, upon condition that I. S. shall marry Fitz. Barr, my daughter, and take a lease for life from my feoffee, if the feoffee break the condition I may claim to hold in by my fee-simple: but the case of the charge is otherwise, for if I have a rent charge issuing out of twenty acres, and grant the rent over upon condition, and purchase but one acre, the whole condition is extinct, and the possibility of the rent, by reason of the condition, is as fully destroyed as if the rent had been in me in esse.

35 H. 6.

162.

30 H. 6. Fitz.

So if the Queen grant to me the wardship of I. S. the heir of I. S. when it falleth; because an action of Grants 91. covenant lieth not against the Queen, I shall have the thing myself in interest.

But if I let land to I. S. rendring rent with condition of re-entry, and I. S. be attainted, whereby the lease

cometh to the King, now my demand upon the land is gone, which should give me benefit of re-entry, and yet I shall not have it reduced without demand; and 7 H. 6.40. the reason of the difference is, because my condition in this case is not taken away in right, but suspended only by the privilege of the possession; for if the King grant the lease over, the condition is revived as it was.

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

Fitz. At

So if my tenant for life be, and I grant my reversion 9 Ed. 2. pur autre vie, and the grantee die, living cestuy que turnments vie, now the privity between tenant for life and me is 18. not restored, and I have no tenant in esse to atturn; therefore I may pass my reversion without atturn

ment.

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 take a6 Ed. 6. wife, and after title of dower given he join in impro-Dy. 92. priating 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 feesimple.

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 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 can not 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 to have but a moiety of the profits, nor yet the act of impropriation shall not be defeated. But as if two 45 Ed. 3. tenants in common 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 dissevered so shall it be in the other case, though it be of inheritance, and though he bring his action alone.

10.

41 Ed. 3. 10.

Also if a disseisor be disseised, and the mesne disseisee release to the second disseisor upon condition, and a descent be cast, and the condition broken; now the mean 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 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 binds, and there shall not be a perpetual liberty of entry, upon the reason that he never had seisin whereupon he might ground his action, but he is at mischief by his own laches: and the like law of the Queen's pa tentee; 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 intitled 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 tenant disDy. 1.7 claim where I may have a writ of right as upon disclaimer, if the land after descend to me, I shall never be remitted.

25 H. 8.

.

REGULA X.

Verba generalia restringuntur ad habilitatem rei vel personam.

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; but 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 meis in D. Perk. pl. if I have in D. both open grounds and several, it shall 108. not be stretched to common in my several, much less in my garden or orchard.

So if I grant to a man omnes arbores meas crescentes 14 H. 8.2. 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.

So if I grant to I. S. an annuity of 10l. a year pro 41 Ed. 3. consilio impenso et impendendo, if I. S. be a physician, 6. et 19. 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 my dwellinghouse in a borough, provided that he shall not erect nor use any shop in the same without my licence, and afterwards I license him to erect a shop, and I. S. is then a millener, he shall not by virtue of these general words erect a joiner's shop.

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 16 Eliz. parson and his successors of D. to say a mass in his 337. Dyer. church of D. this is out of the statute, because it shall be intended but as augmentation of his glebe; but

57, 58. 21 Ed. 3.

otherwise it had been, if it had been to say a mass in another church than his own.

So the statute of wrecks, that willeth that the goods wrecked where any live domestical creature remains in a 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 victuals or the like, which is impossible to keep without perishing or de stroying 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.

REGULA XI.

Jura sanguinis nullo jure civili dirimi possunt.

THEY be the very words of the civil law, which cannot be amended, to explain this rule, Filius est nomen naturæ, hæres est nomen juris: therefore corruption of blood taketh away the privity of the one, that is, of the heir, but not of other, that is, of the 35 H. 6. 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, because the privity of a son remaineth: for I admit the law to be, that if the son kill father Jus.p.293. or mother it is petty treason, and that there remaineth Fitz. in our laws so much of the ancient footsteps of potestas

17.

Lamb.

crown.

447.

patris 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.

So if land descend to the eldest son of a person attainted from an ancestor of the mother held in knights service, the guardian shall enter, and oust the father, F. N. Br. because the law giveth the father that prerogative in fo. 143.De respect he is his son and heir; for of a daughter or of

Droit.

a special heir in tail he shall not have it: but if the son be attainted, and the father covenant in consideration