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
Oportet ut res ceria deducatur in judicium Playter brought an action of Trespasse against one W. Wuare clausum suum fregit pisces suos cepit without shewing the number or nature of the fishes and it was resolved that the Count should have comprehended the fishes in certain that the Defendant might have a certain answer and upon which a certain Judgement might be given P. Pater est quem nuprie demonstrant Litt. Com. 123. a. And therefore if a Villain have a Bastard by a woman and marrieth her the Bistard is no Villain because the Villain cannot be said to be his father he being a Bastard Pendente lite nihil innovetur At the Common Law Litt. Com. 344. b. if hanging the Quare impedit against the Ordinary for refusing of his Clerk and before the Church were full the Patron brought a Quareimpedis against the Bishop and hanging the Suit the Bishop admit and institute a Clerk at the presentation of another In this case if Judgement be given for the Patron against the Bishop the Patron shall have a Writ to the Bishop to remove the Incumbent that came in pendente lite by usurpation But since Westm 2. among other things it is enquired Ex officie if the Church be full and of whose presentation Perspicue vera non sunt probanda The Lord Cook Litt. Com. â— 16. b. in his Commentary upon Littleton observes that Mr. Littleton never citeth any Authority through his whole Book but when the case is rare or may seem doubtfull which appeareth in this that he putteth no case but hath warrant of good authority in Law The like of Justice Fitzherbert in his Natura Brevium that he never citeth authority but when the case is rare or doubtful Plus precat author 13 H. 7.10 Stamf. l. 1. c. 45.21 E. 4.71 quam actor If one be present at the death of a man and incite another to strike and kill him by this he is principal as well as he that killed him Litt. Com. 14.6 Possessio fratris de foede simplici facit sororem esse haeredem A man seized of lands in Fee-simple hath issue a son and a daughter by one venter and a son by another venter and dieth and the eldest son enters and dies without issue the daughter shall have the land and not the youngestion The like of an Use Ib. 10. b. Propinquior exeludit propinquum propinquus remotum remotus remotiorem And therefore the Fathers brother and his posterity shall inherit before the grandfathers brother and his posterity Proximus sum egomet mihi And therefore in Legacies it is reason that the Executors shall have preferment of satisfaction before others and the Law maketh allowance to them before any others Q. Quando lex aliquid concedit concedere videtur id Litt. Com. 55. a. 153. a. Coke Rep. Lyford's case sine quo res esse non potest If Lessee at will soweth the land and the Lessor after it is sown and before the corn is ripe put him out yet the Lessee shall have the corn and shall have free entry egresse and regresse to cut and carry away the corn Quando aliquid fieri prohibetur ex directo Litt. Com. p. 23. b. prehibetur per obliquum A Feosment upon condition that the Feoffee shall not alien to such a one naming his name is good And in this case if the Feoffee infeoff J. N. of intent and purpose that he shall infeoffe J. S. some hold this a breach of the condition Quando jus Domini Regis subditi concurrunt Litt. Com. 77. a. jus Regis praeferri debet If a man hold lands of the King by Knight-service in Capite and other lands of other Lords and dieth his Heir within age the King shall have the Wardship of all the lands by his prerogative Quaelibet haereditas naturaliter ad haeredes haereditabiliter descendit Litt. Com. 11. a. nunquam naturaliter ascendit nisi a latere If there be father uncle and sonne and the son purchase land in fee-simple and die without issue living his father his uncle shall have the Land as heir to the son Quae in partes dividi nequeunt 14 E. 3. Fitz. 1. Kitchin fol. 134. a. solida a singulis praestentur If my Tenant that holdeth of me by a Harriot alien part of the land to another every one of them shall pay Harriot because it is an entire thing Quaelibet concessio fortissime contra donatorem interpretauda Litt. Com. 42. a. If Tenant in Fee make a lease for life without mentioning for whose life it shall be taken for the life of the Lessee and shall be taken more strongly against the Lessor Qui non habet in aere Hobart's Rep. fol. 133. luat in corpore And therefore the Law hath provided several executions for the executing of the Law and he that hath not to pay of his goods c. must suffer in his body by imprisonment Qui ex damnato etitu nascuntur Litt. Com. 3. b. 78. a. 123. a. inter liberos non computentur A man makes a lease to B. the remainder to the eldest issue male of B. and the heirs males of his body B. hath issue a bastard son he shall not take the remainder because in Law he is not his issue Qui haeret in litera haeret in cortice The statute of Glouc. c. 5. which giveth the action of waste against the Lessee for life or years which lay not against them at Common Law speaketh of one that holdeth for term of years in the plurall number and yet though it be a penall Law whereby treble dammages and the place wasted shall be recovered yet tenant for half a year being within the same mischief shall be within the same remedy though out of the letter of the Law Qui ad mit medium dirimit finem Litt. Com. 161. a. 26 Ass 17.3 E. 4.2 And Qui obstruit aditum destruit commodum And therefore if a man be disturbed to enter and manute his land this is a disseizin of the land it self Qui peccat ebrius Litt. Com. 247. a. luat sobrius A drunkard who is voluntarius daemon hath no priviledge thereby but what hurt or ill soever he doth his drunkennesse doth aggravate it Qui per alium facit Litt. Com. 258. a. per seipsum facere videtur If the master command the servant to go to the Land and make claim there to avoid the discent if the servant doth all that which is commanded and which his Master ought to do there it is as sufficient as if his Master did it himself Qui semel Actionem renuntiavit Litt. Com. Coke l. 8. f. 58. Beecher's case amplius repetere non potest A retraxit is a barre of all actions of like or inferiour nature Qui sentit commodum Coke l. 5.99 Rook's case c. l. 5.24 Dean and Chapter
If one will prescribe that if any Cattle were upon the Demeans of the Mannor doing Damage that the Lord of the Mannor for the time being hath used to Distrein them and the Distress to retain till Fine made to him for the Damages at his will This prescription is void for so he should be his own Judg Apices Juris non sunt Jura Litt. Com. 283. b. 304. b. The Law of England respecteth the effect and substance of the Matter Coke l. 4.45 b. and not every Nicety of form or Circumstance Ambiguum placitum interpretari debet contra proferentem Litt. Com. 3â—3 b. The Plea of every man shall be construed strongly against him that pleadeth it for every man is presumed to make the best of his own case B Benignae sunt faciendae interpretationes Chartarum Lit. Com. 183. b. 112. b. propter ignorantiam laicorum Coke l. 3.25 ut res magis valeat quam pereat Ployd 197. b. 213. a. pereat As if Lands be given to two men and to the Heirs of their two bodies begotten the Donors have a joynt-estate for term of their lives and yet they have severall inheritances insomuch as they cannot by any possibility have an heir between them ingendred The Law will that their Estate and Inheritance be such as is reasonable according to the form and effect of the words of the Gift and this is to the heirs which the one shall beget of his body by any of his wives and so of the other Benignior sensus in verbis ganeralibus sen dubiis est praeferendus Coke l. 4. fol. 15. â— As if one charge another that he hath forsworn himself it is not Actionable because it shall be intended to be forsworn in usual communication Coke l. 4.15 C. Causa origo est mate Coke l. 1. Shelley's case Dy. 266. b. ria negotii If a Servant have an intent to kill his Master and before execution of his intent departeth out of his service and afterwards kills him it is petty Treason Caveat emptor If I sell another man's Horse Litt. 102. a. and he take him out of the Vndee's possession yet I shall have an action of debt for the mony Certa debet esse intentio narratio Ployd 84 a. 3. E. 4.21 Debt by one retained in Husbandry against a Prioresse for his Salary and declares that he was retain'd with her Predecessor and doth not shew by what person it shall abate Cessante causa cessat effect us Coke l. 6.13 Burâ—on's case If the Lord marry the Heir female within the two years which he hath to tender her Marriage her Husband and she shall presently Enter Litt. 78. b. Charta non est nisi vestimentum donationis Ployd 291.22 H. 6.10 And therefore if the intent be performed though not the words of the Deed it sufficeth Communis error facit jus Doct. Stud. 46. Ployd 2. Manxel's case As an Acquittance by the Mayor alone where there are many presidents for it is good Consensus non concubitus facit Matrimonium Coke l. 5 fol. 22. Litt. 33. a. As in Ambrosia Gorges's case she married Francis Gorge which Francis died when Ambrosia was often years of age It was resolved that the Queen notwithstanding the said marriage should have the Wardship of the said Ambrosia For it was not a compleat Marriage because to every Marriage there ought to be a Consent and Consentire non possunt ante annos nubiles Conditio Beneficialis quae statum construit Cokel 8.90 b. benigué secundum verborum intentionem Dy. 45. p. 1. 7. E. 4.13 est interpretanda Odiosa tamen quae statum destruit strictè secundum verborum proprietatem est accipienda A Lease to one upon condition that the Lessee shall not alien to A. B. and he alien to R. B. the condition is not broken for every Condition must be taken strictly Consensus tollit errorem If a Venire facias be awarded to the Coroners Litt. 37. a. 126. a. where it ought to be to the Sheriff Coke l. 5. fol. 40. or the Visno come out of a wrong place yet if it be per assensum partium and so entred of Record it shall stand Consuetudo debet esse certa 13. E. 2. Fit a. Dum fuit infra aetatem 3. In Trespasse for Trees carried away the Defendant pleaded a Custome that that Tenant of the Mannor that first came to the place where c. shall have the Windfalls there Void for the uncertainty Constructio Iuris nemini facit injuriam Litt. 18.3 a. b. It is a Rule that whensoever the words of a Deed Coke l. 3.74 or of the Parties without Deed Ployd 77. a. shall have a double intendment and the one standeth with Law and Right and the other not that that standeth with Law shall be taken Consuetudo semel reprobata non potest amplius introduci Litt. 114. b As if a Copy-hold be Leased of the Lord of the Mannor for Life or Years according to the course of the Common Law it shall never be after demised by custome as a Copy-hold For as continuance maketh a custome so discontinuance destroyeth it But a Title gained by prescription cannot be lost by interruption of Possession but by interruption in the Right Consuetudo tollit communem legem Litt. 33. b. 158. b. Coke l. 4.21 Ployd 36. b. vid. Stat. de consuetud Kanciae By the custome of Gavelkind the Wife shall be endowed of the Moiety so long as she keeps her selfe sole and without child which she cannot wave and take her Thirds for her life Contraria allegans non est Audiendus 21. H. 7.21 As in pleading Guilty to the breaking of the House and Not-guilty to the Walls in Trespasse de domo fractâ muris ejusdem domi It is not good Cui licet quod majus Coke l. 9.23 a. l. 9.48 b. non debet quod minus est non licere Where Copy-hold Lands may by custome of the Mannor be granted to any one in Fee-simple there a Grant to one and the heirs of his body is within the Custom Cuique naturale est id quod procreavit tueri Ployd 304. a. 11. H. 4.23.33 H. 6.55.12 H. 4.16 And therefore is given to the Father the education and custody of his Son and if any take him from him he shall have a Writ Quare filium haeredem suum rapuit Cuilibet in arte sua perito esi credendum Lit. 125. a. Coke l. 4.29 a. l. 7.19 a. In Sentence given in Causes in the Spirituall Court the Judges of the Common Law though it be against the Reason of the Law shall give faith and credence to their Proceedings Cujus est dare ejus est disponere Coke l. 2 fol. 70. That a Proviso make a Condition Cromwel's case three thing are required First That the Proviso do not depend
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
higher nature determineth a matter of lower nature 21 H. 7.5.33 H. 8. Dy. 50. A man hath liberty by prescription and after taketh a grant of those liberties by Letters Patents from the King this determneth the prescriptions for a matter in writing determineth a matter in fair The more worthy draweth to it things of less worthiness 11 H. 4.31 10 El. 321 b. 3. Eliz. 238. An adulterer if he takes away another mans wife and puts her in New cloaths the Husband may take the wife with her cloaths And therefore Things accessary are of the nature of the Principal 40 Ass pl. 25. 7 H. 6.19 b. 26 H. 8. Dy. 7. b. A Servant procureth another to kill his Master This is not petty Treason in the Servant because it is but felony in the other which is the principal A Man 's own words are void when the Law speaketh as much 30 Ass pl. S. Lands given to two uni corum diutius viventi they make partition and one dyeth yet the lessor shall have again the moyety of him that dyeth for uni corum diuâ—ius viventi are but idle words because without them the joyntenant by course of Law is to have all if he do survive From the Rule of Method In things of Formality The Generals must go before The Rule of the Register and the Specialls follow after In a writ the general shall be put in demand and in plaint before the speciall as land before prede pasture wood c. wood before Alders Willows c. The more worthy is to be set before the less worthy The entire thing shall be demanded before the moiety ibid. part ibid. or parts The thing of greater dignity before that which is of less as a Mease before Land a Castle before a messuage or mannor Next are the precepts of Natural Philosophy Law respecteth the bonds of nature As the Son may maintain his father and one brother another The Law judgeth and esteemeth of all according to their nature both persons and their ages things actions and the time of the doing them In persons It looketh to the excellency of some and giveth them singular priviledges and preheminencies above the rest As to the King the Queen his Wife Noble-men and Peers of the Realm Also unto them of the Church It tendreth the weakness and debilities of others As of men out of the Realm or in prison femes Covert and therefore favoureth them for their Dowers infants men unlettered Ideots c. If a disseizor die seized the disseizee being all the while within age Covert-Baron in prison or out of the Realm it shall be no discent to toll the entrie of the disseizee And an Ideot or man of nonsane memory may enter or have an action to avoid their own Peoffments It favoreth strangers not parties nor privies Lessee for years grants a rent-charge 1 El. 198. and surrenders yet the rent shall be paid during the years And therefore things done in anothers right A person Out-lawed or Excommunicated may have an Action as Executor of another man It dis-favoureth othersome Aliens neither borne within the Realme nor free Denizons that they shall not participate of the Priviledges of natural-born subjects Especially Alient that are enemies Alien enemies shall not have so much as a personal action which other Aliens may Touching their Ages It holdeth 21 their full age to make good any act they do 14 their age of discretion And therefore That a competent age to binde a man in matter of marriage 12 to binde the woman 9 to deserve her Dower In things It respecteth every one according to worthiness As. Life and liberty most the person above his Possessions Freehold and Inheritance more than it doth Chattels Real Chattels more then Personal A Villain infranchised for an hour is free for ever So if infranchised upon condition the condition is void and the infranchisment absolute A matter in right more then a matter in Possession 3 E. 3.88 In Avowrie or Annuity aid shall not be of a person if the Plaintiff be seized by the hands of the same person because it is of the person 's own wrong to deny it Otherwise in a Cessavit for that is in the right for the land Yet it favoureth Possession where the right is equall A man purchaseth at one time several lands 8 El. 296. holden of severall Lords by Knights-service and dyeth the Lord that first can happe the Wardship of his heir shall have it It favoureth Matters of Profit and Interest largely of Pleasure 13 H. 7.13 12 H. 7.25.11 H. 7.12.35 H. 6.58 4 E. 6.68 b. Ease Trust Anthority or limitation strictly Way granted to Church over my Land extends not to to any other but himself for it is but an Easement If the Sheriffe behead one that should be hanged it is felon y. A Lease to A and B c. for their liv s. A dieth B shall have all during his life for it is an interest But if a Lease be made to J. S. during the life of A. and B. there if one of them die the estate is determined for that is a limitation Therefore These may be countermanded 9 E. 4.4 b. 1 E. 5.2 28 H. 8. Dy. 22. 14 E. 4.2 Perk. 19. b. so cannot those A licence to come to my house to speak with me Goods bailed over to deliver to J. S. or to bestow in almes A Letter of Attourney to deliver seizin All these may bee countermanded before they be dones But if I present J. S. to a Church I cannot after vary and present a new for a kind of interest passeth out of me It favovreth matters of Substance more then matters of Circumstance Pleas in Bar and Replications though the Plaintiff be afterwards Non-suite make an Estoppell for they are express allegations and material As 21 H. 7.24 b. in Debt upon Obligacion if the. 33 H. 6.10 b. Defendant plead in Barre an Acquittance made at D. Or if the Defendant plead an Acquittance and the Plaintiff reply That it was made by duress of Imprisonment at D. Now in another action neither the Defendant shall plead that the Acquittance nor the Plaintiff that the duress was at another place But a matter in the Writ or Count makes no Estoppel for they are but supposals 20 H. 7.11.32 H. 8. Br. Darrein Preâ—â—…ments Things executed and done more then things executory and to do A Feofment to the use of ones Will if this Will be declared before or at the time of hit Feoffment it cannot be altered because it is executed It favoureth possibility of things And therefore 1 H. 4.1.15 H. 7.10.41 E. 3.11 Nothing to be void that by possibility may be good A messualtie is given in Tail reserving a Rent this is good for the Tenancie may Escheat to the Doriee and then the Donor shall distrain for all his arrerager It favoureth a mutual recompence An
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