hold his Turn within a Moneth after Michaelmas holdeth his Turn after the Moneth and take an Indictment of Robbery at that Turn and the Indictment is removed by Certiorari into the Kings Bench by advice of all the Justices the party was discharged because not within the time limited Junior non potest dotem promereri Coke Litt. 33. a. nec obstavit mulieri minor atas viri If the Woman be not of the age of nine years she shall not have Dower but if she be of that age it matters not what age the husband be of though but four or five Jura naturalia sunt immutabilia Coke l. 7.15 b. Bracton l. 9. c. 23.33 H. 6.55 As if a man have a Ward by reason of a Seigniory and is out-lawed he forfeiteth his Wardship to the King but if he have the Wardship of his Son or Daughter which is heir apparent and is out-lawed he doth not forfeit this Wardship for Nature hath annexed it to the person of the Father Ipsae etenim leges cupiunt ut jure regantur Lit. Com. 10. a. 271. a. Coke l. 5.100 If partition be made beween partners of Land in Fee simple and for owelty of partition one granteth a Rent to the other generally the grantee shall have a Fee simple without the word heirs becaus the grantor hath a Fee simple in consideration whereof he granteth the Rent Jura publica anteferenda privatis Litt. Com. 130. a. jura publica ex privatis promiscue decidi non debent And therefore in protection either for being in the Kings service Mirror c. 3. Sect. Britton 281. as the Kings Souldier or of his Councell as the Kings Ambassadour pro negotiis regni both these things for the publick good of the realm private mens actions and suit must be suspended for a convenient time Jus accrescendi praefertur oneribus Litt. com 185. a. 453.3.13 As if one joynt-tenant grant a common pasture or of Turbary Estovers or Corody c. out of his part or a way over the Land this shall not bind the survivour Jas accrescendi praefertur ultimae voluntati If Litt. Com. 185. b. two joyn-tenants be of Land in fee simple and one of them deviseth that which to him belongeth by his testament and dyeth this devise is void because the Survivour claimeth by the first Feoffor Jus descendit non terra Litt. com 345. a. b. As when an estate is turned to a right by disseizin discontinuance c. but in case of a title the Land descends Justum non est aliquem ante matrimonium natum Coke l. 8.101.14 E. 2. bastard 26. mortuum facere bastardum qui toto tempore suo pro legitimo habebatur Doc. Stud. If bastard Eigne after the fathers death enter into the land and occupy it during his life without interruption of the mulier puisne and dye seized the mulier is barred for ever L. Lex est summa ratio Litt. Com. 97. b. The common Law is nothing else but Reason which is to be understood of an artificial perfection of reason gotten by long study observation and experience and not of every mans naturall reason for nemo nascitur artifex This legall reason is ratio summa And therefore if all the reason that is dispersed into so many severall heads were united into one yet could he not make such a law as the Law of England is because by succession of many ages it hath been refined by an infinite number of grave and learned men Licet Tenenti vetus opus reficere 44 E. 3.21 44.11 H. 4.32 non novum facere A Tenant may cut down Trees for the amend ment of houses or reparation of them But if the necessity of a new house comes in Question as to build a Stable or if no house be built upon the Land at the time of the lease the Lessee may not cut down Trees to make a house Loquendum ut vulgus Coke l. 4.46 a. Ployd 169. Coke l. 4.64 b. l. 7.11 Words shall be taken according to the vulgar and ordinary construction as though a person attainted be a person convict and more And therefore it is the office of Judges to take and expound the words which the common people use to expresse their intent by according to their intent and not according to the true definition Lex non praecipit inutilia Litt. Com. 126.127.79 a. 197. a. A villain shall not by the Law have any appeal against his Lord for in appeal of Mayhem a man shall recover but his damages and if the Villain in that case recover damages against his Lord and from the villain and so the recovery void Lex semper intend't quod convenit rationi Litt. com 78. b. 182. a. The Guardian in Chivalry shall have the custody of the heir and his land untill become to his full age of one and twenty years because by intendment of Law the heir is not able to do Knights service before that age which is grounded upon apparant reason Lex spectat natura ordinem Litt. com 92 a 97. Ployd 540. If tenant in socage hold of the Lord by Fealtie and a rose the Lord shall have for his reliefe a Rose c. or other flowers the tenant dyeth in winter the Lord cannot distrain for his relief untill the time that roses by course of the year may have their growth Lex non cogit ad impossibilia Litt. Com. 231. b. If a deed remain in one Court it may be pleaded in another Court without sueing forth Lex libertati dat favorem Litt. Com. 124. b. 139. a. If a villain sue an action of trespass or any other action against his Lord in one County and the Lord saith that he shall not be answered because he is his villain regardant to his Mannor in another County and the Plantiff saith that he is free and of a free estate and not a villain this shall be tryed in the County where the Plantiff hath conceived his action and not in the County where the Mannor is and this is in favour of Liberty Lex citiùs tolerare vult privatum damnum Litt. Com. 152. b. quà m publicum malum If there be Lord Mesne and Tenant and the Tenant holdeth of the Mesne by service of five shillings and the Mesne holdeth over by service of twelve pence If the Lord Paramont purchase the Tenancie in see then the service of the mesnalty is extinct because when the Lord Paramont hath the Tenancy he holdeth of his Lord next Paramont to him and if he should hold this of him which was Mesne then he should hold the same tenancy immediately of divers Lords by divers services which should be inconvenient and the Law will sooner suffer a mischief then an inconvenience and therefore the Signiory of the mesualty is extinct Liberata pecunia non liberat offerentem Litt. com 207. a. If an
and against reason that a man shall be Tenant of an estate of inheritance to another and the Lord should not have any manner of service for if he does not fealty hee shall not do any manner of services to his Lord Litt. Com. 188. a Ployd 419. Bracebridge's case Nihil de re accrescit ei qui nihil in re quando jus accresceret habet If two joynt Tenants be of a Rent and one of them disseize the Tenant of the Land this is a severance of the Joynture for a time for the moity of the Rent is suspended by unity of possession and therefore cannot stand in Joynture with the other moiety in possession And here if one of them die there shall be no survi vour For there shall never be any survivour unlesse the thing be in joynture at the instant of the death of him that first dieth Non refert an quis assensum praebeat verbis au rebus factis 44 E. 3. fines 37.37 H. 6.17 7. E. 3.50 If the Baron accept the grant of a Reversion that amounteth to an Attornment 44. E. 3.37 Hee which hath interesse termini cannot by express words surrender it but the acceptance of a new Lease shall drown it Non valet impedimentum quod de jure non sortitur effectum Coke l. 4.31 Frenches ease Litt. 361. h. Quod contralegem sit pro infecto habotur If Copy-hold Lands be forfeited or escheat and the Lord Lease them for years or life or any other estate by Deed or without Deed this Land can never again be granted by Copy for the Custom is destroyed For during these Estates the Land was not demisable by Copy But if the interruption be tortious as by Disseizin and Discent false Verdict or erroneous Judgement there it may be granted again by Copy Non afficit conatus nisi Coke l. 6.4 Mildmay's case sequatur effectus A gift in tail upon condition that his Estate shall cease if he go about to alien c. This condition is void for endeavour of a breach is not a breach Non est baeres viventis Litt. Com. 22. b. 217. a. If a man by Deed make a Lease for years the remainder to the right heirs of J. S. and the Lessor make livery to the Lessee secundum formam Chartae this Livery is void because during the life of J. S. his right heir cannot take and in that case the Free-hold shall not remain in the Lessor and expect the death of J. S. during the term For albeit J. S. dye during the term yet the remainder is void because a Livery of seizin cannot expect Non valet pactum de re meanon alienanda Litt. Com. 223. a. As a Feofment upon condition that the Feoffee shall not alien the condition is void Nullum iniquum in jure praesumendum Coke l. 4. fol. 70. Hynde's case Records are so high and sacred that they import in themselves inviolable verity which if any gainsay they shall be tryed only by themselves and not by the Country And if averment against a Record should be permitted then the effect and validity of the Record should be tryed by the Country which is against the Rule of Law Nullum iniquum est in jure praesumendum Nullum tempus occurrit Regi Litt. Com. 118. a. 90. b. 119. a. Ployd 156.159 9 H. 6.21.12 H. 7.12 For if the villain of the King purchase any lands and alien before the King upon and office found for him doth enter yet the King after Office found shall have the Land Nullum semile est idem Litt. Com. 43. b. Tenant by Statute Merchant Staple or Elegit are said to hold land ut liberum tenementum untill their debt be paid Yet in truth they have not Freehold but a Chattle which shall go to the Executors and the Executors if ousted shall have an Assize But is similitudinaric because they shall by the Statutes have an Assize as a Tenant of the Freehold shall have and in that respect hath similitude of a Freehold but no like is the same thing Nullus commodum capere potest de injuria sua propria Litt. Com. 148. b. If B. make a Lease of one Acre for life to A. and A. is seized of another Acre in Fee and A. granteth a rent-charge to B. out of both Acres and doth waste in that Acre which he holdeth for life B. recovereth in waste The whole Rent is not extinct but shall be apportioned and yet B. claimeth one Acre under A So if A. had aliened in Fee and B. had entred for the forfeiture O. Oninis privatio praesupponit habitum A person maketh the Lease for years reserving a Rent and dieth the Lease is determined by his death Also in a reall action a Parson Vicar Archdeacon Prebend shall have did of the Patron and Ordinary as Tenant for life shall have So that to many purposes a person hath in effect but an estate for life and to many a qualified Fee simple But the entire Fee and Right is not in him and therefore he cannot discontinue the Fee simple that he hath not nor ever had for Omnis privatio praesupponit habitum Omnia quae movent ad mortem sunt deodanda Coke l. 5.190 Foxley's case Stamf. l. 1. c. 12. fol. 20 If a man ride in a Chariot and the Chariot fall upon him and kill him the Horses as well as the Chariot shall be a Deodand Omne testamentum morte consummatum est Coke l. 4. fol. 60. Forse and Hemblings case Lit. 112. b. The making of a Will is but an inception thereof and it doth not take any effect till the death of the Devisor Omne majus continet in se minus Coke l. 5. 114. Wade's case If a man be bound in a Bond for a sum of money to be paid at a certain day and at the day the Obligee tender more than the summe yet it is a good tender for the reason above-said Litt. Com. 43. b. Omne majus trahit ad se minus The King cannot be said to be a Minor for when the Royall Body Politick of the King doth meet with the naturall capacity in one person the whole Body shall have the quality of the Body politick which is the greater and more worthy and wherein is no minority Omnia quae sunt uxoris sunt ipsius viri Litt. Com. 112. a. b. And therefore she is disabled to contract with any without the consent of the husband neither hath she power to dispose of any personal estate in her own right Omnis ratihabitio retrotrahitur Litt. Com. 180. b. mandato aequiparatur As if A. disseize one to the use of B. who knoweth not of it and B. assent to it in this case till the agreement A. was Tenant to the Land and after agreement B. is Tenant of the Land but both be disseizors Coke l. 5. fol. 321. Playters case
taketh place ib. Traditio loqui facis chartum Delivery makes the Deed valid 103 U Vana est potentia quae nunquam venit in actum That power is frustraneous which is never produced into act ib. Vbi non est principalis ibi non patest esse accessarius Where there is no principal there can be no accessary 104 Vbi endem ratio ibi idem jus The same reason the same Law 105 Vbi nullum matrimonium ibi nulla dos No marriage no dower 106 Verba accipienda sunt in mitiori sensu Words are to be taken in a favourable sence 107 Verba sunt accipienda cum effectu Words are to be taken with the effect ib. Verba aquivoca intelliguntur digniere sensu Doubtful words are to be taken in the more worthy sence 108 Verba rolat a hoe maxime operantur per referentiam ut in esse videantur Relative words do especially work this by reference as they may seem in being 109 Verba chartarum fortius accipiuntur contra proferentem The words of a Deed are most strongly taken against the Grantor ib. Vnumquodque dissolvitur eo ligamine quo ligatur Every thing is dissolved by the same it obliges ib. Vltima voluntas testatoris perimplendae est secundum veram intentionem The Will of the Testator is exactly to be performed 110 Voluntas testatoris ambulatoria est usque ad mortem The last Wil only stands 111 Volenti non fit injuria To him that is willing there is no injury done ib. Vtile per inutile non vitiatur That which is profitable is not destroyed by that which is frustrane ous 112. Vxor non est sui juris sed sub potestate viri The Wife has not her own swing but is under the power of her husband Law-Principles Reduc'd to Practice A. ACcessorium non ducit sed sequitur suum Principale As if a man letteth Lands for life rendring certain rent if he grant in Reversion to another and the Tenant attorn all the Rent and Service pass by this word Reversion because the Rent in such case is incident to the Reversion But albeit he granteth the Rent to another 10 H. 7.10 Coke l. 5.21 Ployd 235. a. the Reversion doth not pass by such grant Litt. 152. a. 33. H. 6.33 A communi observantia non est recedendum A common opinion is good authority in Law Lit. 186. a. Coke Actio personalis moritur cum persona If a Lessee for years doth waste and dyeth Litt 53. b. Dy. 114. a Writ of waste lieth not against his Executor or Administrator for waste done in his life-time Actus Deinemini facit injuriam As Cokel 1.98 a. Coke l. 148. Coke l. 8.72.63 a. l. 5.86 If a Lessee covenant to leave the wood in as good a plight as it was at the time of the Lease and after the trees are subverted by tempests he is discharged of the Covenant Actus Legis nulli facit injuriam If Land out of which Rent-charge is granted be recovered by an older Title and thereby the Rent-charge is avoided yet the Grantee shall have a Writ of Annuity for that the Rent-charge is avoided by the course of Law Coke Lit. 148. a. 178. a Coke l. 5.87 Dy 60. Actus non facit reum nisi mens sit rea And therefore in criminal Causes as Felony the Act and Wrong of a mad-man shal not be imputed to him Lit. Com. 247. b. Doct. Stud. 148. Actus repugnans non Coke l. 1. potest in esse produci Corbet's Case Dy. 153.21 E. 436.4 E. 4.29 Ployd 255. a. As if a Gift in Tail upon condition that if the Donee aliene that then it shall remain to another it is repugnant for after alienation it cannot remain An Obligation solvendum nunquam the Solvendum is void for the contrariety and the thing presently due Actus me invito factus Lit. Com. 253. b. 14. Ass pl. 20.21 E. 4.28 Coke l. 2.9 Ployd 18. a. Coke l. 4.70 Lit. Com. 233. b. non est meus As when one is compelled for fear of Imprisonment to make a Bond or other Deed such fear sufficeth to avoid the same Actori incumbit onus probandi Bargainee and Bargainee if the Bargainer intend to avoid the Bargain by reason of non-inrollment within six months he must make manifest proof thereof or else it will be presumed that it was inrolled Additio probat minoritatem When it is said any where Lit. Com. 139. a. that a man is seized in Fee it shall be intended Fee-simple and not Fee-tail unless there be added to it this addition Fee-tail Ad proximum antecedens fiat relatio Litt. Com. 20. b. Dy. 14. b. 46. b. Coke l. 2.71 Cromwel's Case If a man let Land to A. for life the remainder to B. in Tail the remainder to C in formâ praedictâ this remainder is void for the uncertainty But if the remainder had been to C. in eadem forma this had been a good Estate Tail for Idem semper proximo antecedenti refertur Ad quaestionem facti non respondent Indiecs Lit. Com. 155. b. Ad quaestionem Iuris non respondent Iuratores The most usual trial of matters of fact is by twelve men And matters in ' Law the Judges ought to decide Aestimatio praeteriti delicti post factum nunquam crescit 11 H. 4.12 If the Gaoler let the Parcussor voluntarily to go at liberty and after the party wounded dyeth yet it is no feloninus escape Affectio nomen imponit operi Lit. Com. 49. b. If it be agreed between the Disseisor and Disseised Ployd 86. 141.21 H. 6.55 1 E. 4.11 4 E. 4.23 that the Disseised shall release all his right to the Disseisor upon the Land and accordingly the Disseised entreth into the Land and delivereth the Release to the Disseisor upon the Land This is a good Release and the Entry of the Disseizee being to this purpose shall not avoid the Disseizin for his intent in this case did guide his Entry to a special purpose Affectus punitur licet non sequatur effectus 34 H. 6.26.27 Ass pl. 44.19 R. 2. Breife 726. To give money to one returned on the Jury though he be not sworn is Maintenance Affirmativum negativum implicat Coke l. 9.56 As W. 2. 2.6.11 Westm c. 3. 4. Ployd 206. b. That upon account before Auditors and Arre-ages they have power to send their Bodies to the next Gool of the Lord their King in those parts Hence it is that it is herd 27 H. 6.8 That the Auditor ought to commit him to the next Gaol though another County Agentes consentientes pari poena plectuntur 22. Ass pl. 82. Coke l. 5.80 a. A. maimeth B. by the consent of C. An Appeal lyeth against A. and C. and damages equally against both Aliquis non potest esse Judex in propriâ causa Litt. Com. 141. a. Coke l. 8.118 Dy. 65.12 H. 8.11
upon another Sentence nor participate thereof but stand originally of it self Secondly That the Proviso be the word of the Bargainor Foeffor Donor c. Thirdly That it be compulsory to enforce the Bargainee Foeffee Donee Lessee c. to do an Act and where these concur it is a Condition in what place soever it be placed For Cujus est dare ejus est disponere D. Debile fundamentum fallit Coke l. 6.14 a. opus 20. Ass pl. 7.49 E. 3.8.3 E. 3.74 When an Estate to which a Warranty is annexed is defeated the Warranty also is defeated Derivativa potestas non potest esse major primitivâ 28 Ass pl. 4. The Bayliff of a Disseisor shall not say that the Plaintiff ever had any thing in the Land for the Master himselfe shall not have that plea because he is not Tenant of the Free-shold Destinata tantum pro factis non habentur As if I square a Tree to make a Beam of a House and die before it be laid in the building it shall go to the Executors De fide officio Judicis non recipitur quaestio F. N. B. f. 21. sed de scientia 3 H. 6.3.8 H. 6.23.5 E. 4.3 F.N.B. 23. sive error sit Juris sive Facti As If I assign for Error that whereas the Verdict passed for me the Court received it contrary and so gave Judgement against me This shall not be received Dies Dominicus non est Juridicus Dy 168. A Scire Facias out of the Common-Bench Error assigned because the Test of it was upon a Sunday and adjudged Error because no Law-day Divinatio non interpretatio est Litt. quae omnino recedit a litera As If I have a Fee farm Rent of 10 s. issuing out of White-Acre and reciting the same Reservation grant to J. S. a Rent of 5 s. to be received out of the aforesaid Rent and out of all my Lands and Tenements in Dale with clause of Distress it is void because it is against the words and the copulation of the words shew the taking of them in an other sense Dilationes sunt in lege odiosae Ployd 75. b. Though Warranties are favoured in Law F.N.B. 178 W. 2. c. 25. Ployd 98. a. 90.8.8 H. 7.8 yet none shall vouch any one in Assize if he be not present And Dilatory Pleas must be good to every common intent Ployd Ryder's case Dispositio de interesse futuro est inutilis 19 H. 6.62 Dy. 221. pl. 18.90 pl. 8. If I devise the Mannor of D. by special name of which at that time I am not seized and after I purchase it if I make not some new publication of my Will my Devise is void Dominus non maritabit minorem in custodia sua Lit. Com. 79. b. nisi semel If the Guardian in Chivaky marry the Ward within the age of 14 years and if afterwards at the age of 14 years he disagree to the marriage the Guardian shall not make tender of a second marriage Dormit aliquando jus Lit. Com. 279. b. moritur nunquam For of such an high estimation is Right in the eye of the Law as the Law preserveth it from death and destruction When it is said that a Release of Right doth in some cases inure by way of extinguishment it is to be understood in respect of him that makes the Release Doti mulieris pareatur quia proemium pudoris est Lit. Com. 31. a. Tenant in Dower shall not be distreined for the debt due to the King F. N. B. 150. by the Husband in his life-time in the Lands which she had in Dower Dos de dote peti non debet Lit. Com. 31. a. The Father dyeth and the Wife of the Grandfather is endowed of one Acre and dyeth The Wife of the Father shall be endowed onely of the two Acres residue Dona clandestina semper sunt suspiciosa Coke l. 3.81 l. b. 72. Burrel's case The Assignment of the Lease was taken to be fraudulent because deliver'd in a secret manner to a person of mean quality E Ecclesia fungitur vice minoris Litt. Com. 141. a. 103. a. meliorem potest facere conditionem deteriorem nequaquam A person may have an action of waste and it shall be said Ad exhaere dationem ecclesiae So if he make a lease for Life he shall have a Consimili caesu during the life of the Lessee but a person cannot make a discontinuance but if he do and dye his successor may enter notwithstanding the discontinuance Executio juris nulli facit injuriam Litt. Com. 161. a. Therefore a man shall not be punished for suing of Writs in the Kings Court Hob. 266. 1. Dy. 285. Pl. 37. be it of right or wrong Expressio eorum quae tacite insunt nihil operatur Litt. Com. 299. a. 30 Ass pl. 8.1.7 E. 3.7 Coke l. 4.73 As if a man seized of Land letteth the same by Deed indented for years rendring a certain rent with clause of distresse this clause is vain for the Lessor may distrain of Common right for the rent behinde Ex nudo pacto non oritur actio Litt. Com. 47. b. And therefore in an action of debt for rent it is a good plea for the Lessee to say that the Lessor had nothing in the Tenement at the time of the Lease Expressum facit cessare tacitum Litt. Com. 210 a. As if the Condition upon a mortgage be to pay to the Mortgagee or his heirs Coke Rep. Altham's case the money c. and before the day of payment Bedel's case the Mortgagee dieth the Feoffor cannot pay the money to the Executors of the Mortgagee Extra jurisdictionem jus dicenti 22 E. 4.33 Dy. 60. Pl. 26.14 H. 8.16 non paretur impune When the proceedings are coram non judice an action lies against them that execute the processe Exteriora acta indicant interiora animi secreta Litt. Com. 100. a. When License is given to any one by the Law Coke l. 8.146 l. 9.59 and he doth amiss be shall be a trespasser from the beginning Ex verbo generali aliquid excipitur Litt. Com. 47. a. Ployd 361. a. An exception is part of the thing granted and in esse as exceptis salvo praeter and out of a generall a part may be excepted F Facinus quos inquinat aequat 40. Ass Pl. 25. A servant procureth another to kill his Master this is not petty Treason in the servant because but felony in the other Festinaâ—io Iustitiae noverca infortunii Nov. Int. 285. b. And therefore Heb. 133. Litt. 304. the Judges alwayes in cases of Demurrers have a time to consider of the matter in doubt by a Curia advisare vult And when judgement is given it is Et super hoc visis praemissis per Justiciarios hic plenius intellectis and then Ideo consideratum est As in the
judgement between the King and the Prior of Worcester concerning an Appropriation Et examinatis intellectis recordo et processu coram toto Concilio c. Finis rei attendendus Coke l. 5. 87. The end and fruit of a Suit is satisfaction 14 H. 7.8.33 H. 6.47 but execution of the body is no satisfaction but a gage for the debt And therefore after his death he shall resort to another execution Filiatio non potest probari Litt. Com. 126. a. A man leaveth his wise enseint with a child issue shall not be taken that she was not enseint by her Husband on the day of his death for Filiatio non potest probari Firmior est operatio legis quam dispositio hominis Litt. Com. 224. a. A Lease upon condition Coke l. 10.67 b. that if the Lessee make any waste 37 H. 6.16 a re-entry if a stranger doth waste Dy. 281. Doct. stud l. 2. c. 4. he may re-enter Yet if the Tenant had been bound in an obligation that he shall do no waste he shall not forfeit his Bond by the waste of a stranger Frustra sit per plura quod fieri potest per pauciora Coke l. 6.167 a. Ployd 191. b. 9 H. 7.24 If the King by his Patent reciting the estate tail grant the reversion and further grant the Lands in possession those several Grants in one Patent are as strong in Law as if the King by one Patent had recited the estate tail and granted the reversion and by another patent the Lands in possession Furiosus furore suo punitur Litt. Com 247. b. Ployd 19. a. Litt. 124. b. And therefore if a Mad man commit Felony he shall not dye for it for though he hath broken the words of the Law yet he hath not broken the Law G Generale nil certum implicat Coke l. 2. fol. 33. Doddington lib. 8.98 a. Baspoles case If a man be bound to be Non suited in all actions that he hath against another in the common Bench he may say that he hath no action therein otherwise if the condition be particular viz. that he shall be non-suited in a Formedon So in arbitrement when the submâ—ssion is general an award of one cause though there were more between them is good Generalibus semper specialia insunt Ployd 467. b. 68. a. As the Stat. of Gloucester giveth an action of wast against him which holdeth for years which is in the plurall number yet it may be taken for him that holdeth for a year or half a year Generalis clausula ad expressa non refertur Coke l. 4. fol. 80. Noke's Case An Assignee of a lease shall have a Writ of Covenant upon the words Demise and Graunt yet if there be an expresse Covenant that the Lessee shall enjoy it without eviction of the lessor or any claiming under him this express covenant qualifieth the generality of the covenant in Law and restraineth it by mutuall consent of both parties that it shall not extend to the Assignee Generalis clausula non porrig itur ad ea Coke l. 4.131 Dy. 56.6 quae antea sunt spicialiter comprehensa When a deed at first contains special words and then concludeth in words general both shall stand As Lands given to one and the heirs of his body habendum to him and his heirs he hath an estate tail and a fee simple expectant Generalia sunt praeponenda sin gularibus Fâ—â—z Nat. B ev 2. a. As in a Writ or Plaint the general shall be put in demand before the special as Messâ—age before lands Lands before Meadow Mendow before Pasture Pasture before Wood Wood before Jancary c. H. Haeres est pars antecessoris Lit. Com. 22. b. Coke l. 7.12.10 H. 7.8 Dy. 868. Kep 151. And therefore if Lands be given to a man and his heirs all his heirs are so totally in him as he may give the Lands to whom he will Haeres legitimus Coke l. 7.44 a. Litt. 7.6 est quem nuptiae demonstrant One who is ingendred in a vowtry during the coverture is a Mulier by the temporal and common Law Haeres non tenetur ad debita antecessoris reddenda Britton fol. 65. b. Litt. Com. 209. a. 383. b. nisi per antecessorem ad hoc fuerit obligatus praeterquam debita regis tantum If the heir be not named in the obligation he shall not be bound by the deed of his Ancestor except to the King Hermaphrodita tam masculo quam faeminae Litt. Com. 8. a. g. b. comparatur secundum praevalescentiam sexus incalescentis An Hermaphrodite shall be heir either as male or female according to that kind of the sex which doth prevail and accordingly it ought to be baptized I Id certum est Litt. Com. 45. b. 43. b. 96. a. Ployd 273. b. Dy. 91. b. 44. a. quod certum reddi potest Albeit there appear no certainty of years in a lease yet if by reference to a certainty it may be made certain it sufficeth As a lease to A. 11 H. 11. 7.17 for so many years as B. shall name when B. hath named the years it is a good lease for so many Idem semper proximo antecedenti refertur Litt. Com. 20. b. As if a man let Lands to A. for life the remainder to B. in taile the remainder to C. in forma praedicta this remainder is void for the incertainty But if it had been the remainder to C. in eadem forma this had been a good estate-tail Ignorantia juris non excusat Doct. St. 2. c. 46. Coke l. 1. fol. 177. Mildmay's Case If a statute penall be made and it is enacted that the statute shall be proclaimed by such a day in every Shire and it is not proclaimed before the day yet if any offend against this statute he shall not be excused for the not proclaiming of it for he is bound to take notice of the Law at his peril Ignorantia facti excusat Coke l. 2. fol. 3. b. Mauser Doct. Stud. l. 2. c. 47. 31 E. 3.3 As if an illiterate man be bound to seal a Deed he is not tyed to do it if there be not some present to read it if required or if it be read amisse he may plead non est factum Ignoratis terminis Coke Lit. 177. a. 2. a. 68. a. ignoratur ars Every art hath its vocabula artis which being not conceived that art cannot be comprehended Therefore the significations of words in all arts and sciences are necessary which Master Littleton and Coke upon him ordinarily observe Impotentia excusat legem Coke Litt. 29. a. 258. b. 263. b. Coke Rep. Laughter case Coke l. 98. A man seized of an advowson or rent in fee hath issue a daughter who is married and hath issue and dies seized the wife before the rent became due or the Church became void
obligation of one hundred pounds be made with condition for the payment of fifty pounds at a day the Obligor tenders the mony and the obligee refuseth the same yet in action of debt upon the Obligation if the Defendant plead the tender and refusal he must also plead that he is yet ready to pay the money tender the same in Court Line a recta semper praefertur transversali Litt. com 10. b. For descents it is a Maxime in Law Lineal descent which is conveyed downward in a right line as from the Grandfather to the Father from the Father to the Son shall inherit before the heire by collaterall descent which is derived from the side of the lineall as Grandfathers brother c. M. Mala Grammatica non vitiat chartam Litt. 146. b. Coke l. 9. 48.4 H. 6.16 As Nec aliquid in eo specificatum non aliter se extendat c. Here is a double negative Nec non which in Grammatical construction amounteth to an affirmative for Negatio destruit negationem ambo faciunt affirmativum yet the Law that principally respecteth substance doth judge the proviso to be a negative according to the intent of the parties and not according to the Grammatical construction to the end the proviso may take effect Maritus uxor animae duae sunt Litt. Com. 6. b. 41. a. 112. a. in una carne Therefore a Wife cannot be produced either against or for her husband for it might be a cause of implacable discord and dissention betwixt the Husband and Wife and a mean of great inconvenience Malus usus abolendus Litt. Com. 141. a. If a man will presume that if any Cattel were upon the demeans of the Mannor there doing damage that the Lord of the Mannor for the time being hath used to distrain them and the distress to retain till fine were made to him for the damages at his will this prescription is void because it is against reason And the rule is In consuetudinibus non diuturnitas temporis sed soliditas rationis est consideranda Maxime paeci contraria sunt vis injuria Litt. Com. 161. b. And therefore Britton saith well speaking in the person of the King Nous volous quae touts gents pluis useant judgment quae force And therefore is it Ib. 254. a. that in Rent-service Charge and Seck Forestallment which is an incountring or menacing the Lord in the way that he dare not come on the Land to distraine or demand the rent is a disseizin And in such case claim of the Land shall avoid a discent Meliorem conditionem facere potest minor Ib. 337. b. deteriorom nequaquem If the infant make a feoffment he may enter either within age or at full age likewise after his death his heir may enter Minor jurare non potest Litt. Com. 172. b. Bracton 5. l. fol. 340. b. 46 E. 3.10.9.3.424 And therefore he cannot be of an Inquest An Infant cannot make his Law of Non summons therefore the default shall not prejudice him An Infant cannot upon his oath make his Law in action of debt 26. E. 3.63 Dy. 7.104 11 H. 6.40 1. H. 7.15 Modus Conventio vinciunt legem Litt. com 41. b. 〈◊〉 166. a. Bracton l. 4. fol. 222. 21 H. 6.46 10 B. 4.13 To every Tenant for life the Law as incident to his Estate without provision of the party giveth him three kinds of Estovers that is Housebote which is twofold viz. Estoverium aedificandi ardendi Ploughbote that is Estoverium arandi And lastly Haybote which is Estoverium claudendi And these Estovers must be reasonable And these the Lessee may take upon the Land demised without any assignment unlesse he be restrained by speciall Govenant for an Agreement doth alter the Law Mulieres ad probationem status hominis Lit. Com. 6. b. Fleta l. 2. c. 44.23 E. 1. Villaine 36 37. 29 E. 1. Ib. 32. Lit. Com. 142. a. admitti non debent And therefore are women by Law wholly excluded to prove a man to be a villain Multa transeunt cum universalitate quae per se non transeunt If a man hath a Rent-seck of the part of his mother and the Tenant of the Land grant a Distresse to him and his Heirs and the Grantee dieth the Distresse shall go with the Rent to the heir of the part of the mother as incident and appurtenant to the Rent for now is the Rent-seck become a Rent-charge N Negationi nihil implicat 11 H. 7.23 21 H. 6.41 10. E. 3.10 If a Tenant wage his Law of non sum this doth not imply that he was Tenant Nemo debet bis puniri pro uno delicto Coke l. 4. fol. 43. Hudson's case In Appeal of Mayhem the Defendant pleaded that before c. and the Plaintiff recovered in Trespasse for the same Ba ery and Wounding 200 l. and satissaction acknowledged and the Barre was adjudged good Litt. Com. 309. b. Coke l. 5. fol. III. Mallarids case Peck 15. Ployd 432. b. Nemo potest plus juris in alium transserre quam ipse habet If the Conusee of a Fine before any Attournment by Deed Indented and Inrolled bargaineth and selleth the Signiory to another the Bargainee shall not distrain because the Bargainor could not distrain Neminem oportet esse sapientiorem legibus Litt. Com. 97. b. The Law is the perfection of Reason And if all the Reason that is dispersed into so many severall Heads were united into one yet could hee not make such a Law as the Law of England is because by so many succession of Ages it hath been refined by an infinite number of grave and learned men so that it is ratio summa Litt. Com. 162. a. 49 E. 3.14.49 Ass 5.29 Ass 49. Neme tenetur exponere se infortuniis periculis And therefore forestalment with a menace of life and members is a â—isseizin of rent-service â—arge and seck Liet com 145. b. Nemo punitur pro alieâ—â— delicto A man cannot claime propriety by his Bailiff or Sarjeant in Replevin and the reason is for that if the claime fall out to be false hee shall be fined for his contempt which the Lord cannot be unlesse he make claim himselfe for he shall not be punished for his Bailiff's offence Ployd 32. b. 39 H. 6.22 Nemâ— tenetup prodere seipsum As if a man grant to one an Annuity pro consilie impendende the Grantee shall have a Writ of Annuity without shewing that he hath given him counsell for the shewing of it is not for his benefit and denial of counsell goeth in defeizance of the Annuity which ought to be shewn by the Defendant because for his benefit Nihil quod est inconueniens vel contra rationem Lit. Com. 97. b. est licitum Tenant in Frank marriage shall do fealty to his Lord before the fourth degree be past for it should be inconvenient
of Windsors case Hob. 4. f. sentire debet onus The Commissioners in the Commission of Sewers ought to tax all which are in dammage or in danger of dammage and not only him which hath the lands next adjoyning to the river for it may be that the rage and force of the water might be such that the value of the land adjoyning would not serve to amend it therefore the statute would have all in peril 6 H. 6. c. 5. and which take commodity by the making of the Banks to be contributary to the amendment thereof Quod ab initio non valet tractu temporis non convaelescet Tenant for life of a carve of Land the reversion to the father in fee the Son and Heir apparent of the Father indoweth his Wife of this carve by the assent of the Father the Tenant for life dyeth the Husband dyeth the reversion was a Tenement in the father and yet this is no good indowment ex assensu patris because the father at the time of the assent had but a reversion expectant upon a freehold whereof he could not have indowed his own Wise though the Tenant for life dyed living the Husband Quod prius est tempore Litt. Com 14. ae potius est jure quod prius dignius And therefore among the males the eldest brother and his posterity shall inherit lands in fee simple before any younger brother or any descending from him Quod semel meum est Litt. Com. 49. b. amplius meum esse non potest And therefore if a man let land for a term of years the remainder over to another for life or in tail or in fee in this case it behoveth the Lessor to make livery of seizin to the Lessee for years otherwise nothing passeth to them in the remainder although the Lessee enters into the tenements And if the termor in this case enter before any livery of seizin made to him then is the freehold and also the reversion in the lessor And if the Lessor afterwards make livery to the Lessee it is void for by the entry of the Lessee he is in actuall possession and livery cannot be made to him that is in possession Quod semel placuit in electionibus Litt. Com. 146. a. amplius displicere non potest If a man grant by his deed a rent charge to another and the rent is behind the grantee may bring a writ of Annuity or distrain at his election but he cannot have both together For if he recover by a writ of annuity the land is discharged of the distress And if he distrain for the arrearages and the Tenant sue a Replevin and the grantee avow the taking of the distress in the land in a Court of Record then is the land charged and the person of the Grantor discharged of the Action of Annuity Quoties in verbis nulla est ambiguitas Litt. Com. 14.7 a. ibi nulla expositio contra verba expressae fienda est If a rent be granted out of the Mannour of D. and the Grantor grant over that if the rent be behind the Grantee shall distrain for the same rent in the Mannor of S. this is but a penalty in the mannor of S. For the Law needs not to make construction that this shall amount to the grant of a rent for here a rent is expresly granted to be issuing out of the Mannor of D. and the parties have expresly limited out of what land the Rent shall issue and upon what land the distress shall be taken and the Law will not make an exposition against the express words and intention of the parties Quod constat clare Coke l. 9. fol. 33. Batens case non debet verificari In a Quod permittat if it appear to the Court that the Nusance is to the dammage of the Plantiff he need not shew it specially as if the house of the Defendant hangeth over the House of the Plaintiff's Refert à quo fiat perquisitum Litt. Com. 12. a. Ployd 47. Sir Edw. Clere's case Coke l. 5. f. 76. Paget's case None shall inherit any lands as heir but only the blood of the first purchasor Remoto impedimento emergit actio If tenant for life remainder for life the remainder in fee make waste in Trees and after he in remainder for life dye an action of waste is maintainable by him in the remainder in fee for the waste done in the life of him in remainder for life because to the disinheritance of him in remainder in fee and now the impediment which was the mean estate for life is taken away Repellitur à Sacramento infamis Litt. Com. 158 a. If a Juror be attainted or convicted of Treason or Felony or of any offence to life or member or in attaint for a false verdict or for perjury be adjudged to the Pillory or the like or to be branded or stigmatized or to have any other corporall punishment whereby he becometh infamous these and the like are principal causes of challenge Res inter alios acta alteri nocere non debet Litt. Com. 152. b. And therefore if a Lessor by Covin suffer a common recovery the Lessee may falsifie it by the Stat. of 14 E. c. 1. S. Sensus verborum ex causa dicendi accipiendus est Coke l. 4. 105. Birchlye's case sermones secundum subjectam materiam sermo relatus ad personam intelligi debet de conditione personae The Defendant said to B. Clerk of the Kings Bench and sworn to deal duly without corruption You are well known to be a corrupt man and to deal corruptly adjudged that the action lyes because the words ex causa dicendi imply that he hath dealt corruptly in his profession Semper praesumitur Lit. 126. a. pro legitimatione puerorum And therefore if the Husband be within the four Seas that is within the Jurisdiction of the King of England if the Wife hath issue no proof is admitted to prove the child a bastard Si mulâ—er nebilis nupserit ignobili Litt. 16. b. Coke l. 6 53. l. 4.18 b. desinit esse nobilis If a woman gain Nobility by Marriage if she marry under the degrees of Nobility she loseth it otherwise if Noble by descent Solus Deus facere potest haeredem Litt. com 7. b 22. b. And therefore during the life of the Father he cannot be heire but heir apparent And therefore a Lease for life the remainder to the right Heirs of J. S. if Tenant for life die living J. S. the remainder cannot rest there being no heirs of J. S. but onely apparent Stabitur praesumptioni donec probetur in contrarium Lit. Com. 310. b. 393. b. If a man plead the Feoffment of a Mannor he need not plead an Atturnment of the Tenants for that shall be presumed till it bee shewn to the contrary T. Testamento cum duo inter se pugnantia reperiuntur Litt. Com. 112. b.
two-fold like those two great Lights Bracton l. 9.23 3 H. 6.55 which God hath set in the Firmament of our Heart Nature and Reason Lex naturae est ratio summa insita in hominis natura quae jubet ea quae faci enda sunt prohibetque contraria Cic. l. 1. de legibus The Law of Nature is Soveraign Reason fixed in mans nature which ministreth common Principles of good and Evill The Law of Reason is that which deduceth Principles by the discourse of sound reason The rules of Reason are of two sorts some taken from Forraign Learnings both divine and humane the rest proper to Law it self Of the first sort are the principles and sound conclusions from forraign Learnings First from Divinity the Doctrine of Religion To such Lawes of the Church as have warrant in holy Scripture 34. H. 6.40 our Law giveth credence 1. The Sabbath day is no day for Law-dayes 1 Eliz. Dy. 168. F.N.B. 17. f. 12 E. 4.8 Dies Dominicus non est juridicus If a Scire facias out of the Common Pl as bears Teste upon a Sunday it is error Of Grammar 2. Words in construction must be referred to the next Antecedent when the matter it self doth not hinder it An Indictment against I. S. serviens I. D de D. im com Mid. Butcher 9 E. 4. 4â— 32 H. 8. Dy. 46. b This is not good for Serviens is no addition and Butcher referreth to the Master which is the next Antecedent From Logick In the Maxim of Causes and Effects The Cause ceasing 5 E. 4.8 b. 7 El. D. 293. b. 13 El. 401. 13 E. 4.10 b. the Effect doth likewise cease The King granteth an Office to one at will and ten pound-fee for life 14 H. 7.2 pro officio illo Now if the King put him from his Office the Fee shall cease 4. Things are construed according to that which was the cause of it 21 E. 4. 68 b. 14 E. 3.14 b. 14 Ass pl. 20. 3 E. 3.84 One imprisoned till he be content to make an obligation at an other place and afterwards he doth so being at large yet he shall avoid it by duress of imprisonment 5. Things are construed according to that which is the beginning thereof 33 Ass pl. 7. 10 Eliz. Dy. 266. b. If a servant departed out of his Mâ—ster's service kill his Master upon malice that he bare him whilst he was his servant it is petty Treason 6. And therefore a derived power cannot be greater Litt. 6. 28 Ass pl. 4. 2 E. 4 1â— than that from which it is derived The Atturney of one that is disseized cannot make claim of from the land if the Disseizee himself durst have gone to the land 7. Things are dissolved as they be contracted 19. E. 4.1 5 H. 7.33 b. 5 H. 7.7 b. An Obligation or other matter in writing cannot be discharged by lan Agreement by word 8. Things grounded upon an ill and void beginning cannot have a good perfection 10 El. Dy. 344 An Infant or Feme covert make their Will and publish it and after dying of full age or sole yet the Will is nothing worth 9. He that claimeth paramount a thing 2 3. El. Dy. 187. shall never take benefit nor hurt by it An Executor recovereth and dieth intestate Administration of the first Testator is committed to J. S. J. S. shall not sue execution upon this Recovery for he is Administrator to the Testator Paramount the intestate 10. Things are construed according to the end 19 E. 4.3 13. E. 3. Joynder in ayd 10. 50. Ass pl. 2. Vouchee upon a Grand cape ad valentiam shall not lose the land though he cannot save his default For the Processe is onely to this end to have him to appear In the Maxim of Subjects and Adjuncts Where the foundation faileth 3. E. 3.74 b. 49 E. 3.8 all goeth to the ground A Church appropriated to a spiritual Corporation becometh disappropriate if the Corporation be dissolved Things incident cannot be severed 7 E. 4.11 12 El. 12. 381. Dy. 12 El. 12.379 19. H. 8. Br. Incidents 34. 3. E. 3 Ass 441. Lord and Tenant by fealty and homage the Lord releaseth his fealty this is void for fealty is incident to homage Things by reason of another are of the same plight Two Copereeners make partition and one covenants with the other to acquit the land 42 E. 3. 6 E 6. Dy. 72. b. F. N. B. 21. b. Now if the Covenantee abett his part the Alienee shall have a Writ of Covenant Personall things Cannot be done by another 7 H. 4.19 21. E. 4.34 Suit of Court cannot be done by another They cannot be granted over as matters of pleasure ease 12 H. 7.25 19 H. 8.10 7 H. 4.36.11.3.4.1 12 El. 179. Br. Licences 25. trust and aeuthority A license to hunt in my Parke to go to Church over my ground c. cannot be granted over So a warrant of Atturney made to one to deliver seizin he cannot grant this his authority over They dye with the person When a corporal hurt or damage is done to a man 2 H. 8.21.1.2 P. M. 114. as to beat him c. if he or the party beaten dye the Action is gone Among the disagreeable arguments First from these that differ only is a certain respect and reason not indred and in nature Things do inure diversty according to the diversity of Time Lands given in Frank marriage reserving a rent 26 Ass pl. 66. the reservation is voidâ— till the fourth degree past and afterwards good Person viz. Of the same person One that hath a rent-charge going out of the wive's lands 14. H. 8.6 releaseth it to the Husband and his Heirs the Husband yet shall not have it but it shall inure to him by way of extinguishment onely as seized in the right of his wife Severall persons A man makes a lease of a Mannor except an acre 1 2 P. M. 104. 11 E. 4.2 this acre is no part of the mannor as to the Lessor but as to him that hath right to demand the Mannor by an eign title it remaineth parcell and therefore he shall make no foreprise in his writ Then from Relatives No man can doe an act to himself 3 El. Dy. 188. 13 H. 8.22 Lit. 147. b. And therefore if the Sheriff suffer a common recovery it is error because he cannot summon himself Of Comparisons from the equalls Things are to be construed secundum equalitatem rationis If two four 26 Ass pl. 37. Coke 136. Sir Will. Herbert's case Bract. l. 1. c. 23. H. 8. Fitz. or more men being severally seized of land joyn in a recognizance all their lands must equally be extended From the greater and the lesse The greater doth contain the lesse 3 4 P. M. Dy. 150. b. By a pardon of Murder man-slaughter is pardoned A matter of
life by Dedi Concessi this shall inure as a confimation In one thing all things pursuant to be included 2 R. 2. Bar. 309. Upon a Grant of Trees the Grantee may come upon the Land to cut them down and with his carriage carry them thorow the Land 14 H. 8.1 10 E. 3.17 And the Vendee of all ones fishes in his pond may justifie the comming upon the banks to fish but not the digging of a trench to let out the water to take the fish for he might take them by Nets and other devices But if there were no other means to take them he might dig a trench Strongest against him that doth them 2 3. P. M. 140. b. 161. b. Two Tenants in common grant a Rent of 20 s. the Grantee shall have forty shillings But if they reserve twenty shillings upon a Lease they shall have onely one twenty shillings And therefore A man shall not qualifie his own act As 21 H. 7.23 b. if the Obligee releaseth his debt till Michaelmas the debt is gone for ever So a reversion of three acres of land is granted 18 E. 3.53 17 Eliz. Dy. 339. the tenant atturns for one it is a good atturnment for all The construction which otherwise Law would make is altered by the parties Special agreement Lessee for years is excused for waste 40 E. 3.5 Peck 55.56 if the houses be blown down by sudden storm or tempests But in that case if he covenant to keep reparations an action of covenant lies against him Speciall words As a Lease reserving a Rent 27 H. 8.19 30 H. 8. Dy. 42. b. the heir of the Lessor after his death shall have the Rent otherwise if the Lease be reserving to the Lessor Surplusage of words An information upon a Statute made such a day 6 E. 6.84 9 E. 4.28 h. and the day is mistaken is nought though he needed not to have recited the day 9 El. Dy. 255. b. A fained construction which we call a fiction in Law is when in a similitudinary sort the Law construeth a thing otherwise than it is in truth and is of the person thing action and the circumstances thereof time and place Of the person Things done by another are as if they wert done by one's selfe 27. H. 8.24 A promise to one's wife in consideration of a thing to be performed by the husband if the husband upon his comming home agree and perform the consideration he may plead this promise as made to himself So if my servant sell my goods and I agree I shall have an action of debt supposing be bought of me Of the thing we have these two Rules A thing that cometh in lieu of another 18 E. 3. rec in val 26.48 E. 3 11.6 H. 4.1 to be as if it were the same One shall recover in value against the heir upon the Ancestors Warranty lands which the heir took in exchange for lands descended A thing to be all one with that whereunto it doth amount The Maxime of a Bastard eigne is that the mulier puisne must make an entry upon him or else he gaineth the right yet a continual claim made by the mulier puisue 14 H. 4.9 14 H. 8.13 5 H. 7.1 destroyeth his right for it amounteth to an Entry So a Lease for years and a Release amount to a Feoffment And therefore A thing that should not be done to be as if it were not done 20 El. Dyer 362.18 El. Dyer 362. A man makes a Lease for years of a house with certain implements reserving a Rent The Executors after the Testators death receive the Rent yet it is no assetts in their hands for the whole Rent belongeth to the Heir So of a thing done in a time that it should not A man seized in fee le ts for ten years 1 E. b. Br. 18. and after selleth the land and taketh it back to him and his wife and then the husband and wife let it for 20 years reserving a Rent The husband dieth the wife accepts this rent during the first ten yeares By this the second Lease is not affirmed 21 El. 563. for the acceptance of a Rent before the Lease beginneth and so before any Rent be due is no acceptance at all To the circumstance of Time these two Rules pertain Priority of time is imagined in things Done together One deviseth a term for years to his son 21 El. 540. and that the wife shall have it during the son's minority This is first a Devise to his wife and after to the son when he cometh of full age Happening in an instant A Mesualty descends to the Tenant of the Land 11 H. 7.12 7 H. 46. 9 E. 4.21 Though the Mesualty be at the same time and instant extinct yet the Tenant shall pay relief if he be of full age or be in Ward if he be within age viz. where it is holden by Knights service Things relating to a time long before be Litt. 92.36 H. 6.7 as if they were done immediately from that time Where the wife is endowed by the heir of the husband's lands she shall be said to be in immediately from the husband And therefore if the husband were a Disseizor and the heir in by discent yet the Disseizee may enter upon the wife These Rules of common reason do many times cross and encounter one aenother which is the greatest difficulty that is found in the arguing of Cases But to help this the generall ground is according to the former Rule that Those prevail Litt. 110. b. 140. b. 32 H. 8. that carry the more excellent and perfect reason with them Tenant for life makes a Lease for life Br. gar 18.28 E. 3.20 b. Br. gar 17.35 H. 6.3 9 El. Dy. 264. b. 11 H. 7.9 Perk. 41.13 H. 8.15.7 H. â— 9 without naming whose life this shall be intended for his own life Rule 74. for else it were a wrong But if Tenant in tail make such a Lease for life this is a discontinuance and for life of the Grantee Rule 86. for it is strongest against the Grantor and most beneficiall for the Grantee FINIS