152 MAXIMS OF THE LAW. 



grant the rent, not speaking of the fealty ; yet the fealty 

 by implication shall pass, because my grant shall be taken 

 strongly as of a rent service, and not of a rent secke. 



44 Ed. 3. 19. Otherwise had it been if the seigniory had been by 



homage, fealty, and rent, because of the dignity of the ser 

 vice, which could not have passed by intendment by the 

 26 Ass. pi. grant of the rent : but if I be seised of the manor of Dale 

 in fee, whereof I. S. holds by fealty and rent, and I grant 

 the manor, excepting the rent, the fealty shall pass to the 

 grantee, and I. S. shall have but a rent secke. 



So in grants against the law, if I give land to I. S. 

 and his heirs males, this is a good fee-simple, which is a 

 larger estate than the words seem to intend, and the word 

 &quot; males&quot; is void. But if I make a gift in tail, reserving 

 rent to me and the heirs of my body, the words &quot; of my 

 body&quot; are not void, and to leave it rent in fee-simple ; but 

 the words &quot;heirs and all&quot; are void, and leave it but a 

 rent for life ; except, that you will say, it is but a limitation 

 to any my heir in fee-simple which shall be heir of my body; 

 for it cannot be rent in tail by reservation. 



45 Ed. 3. But if I give land with my daughter in frank marriage, 

 24R * ^ ie remam( ler to I- S. and his heirs, this grant cannot be 



good in all parts, according to the words : for it is incident 

 to the nature of a gift in frank marriage, that the donee 

 hold of the donor ; and therefore my deed shall be taken 

 so strongly against myself, that rather than the remainder 

 shall be void, the frarik marriage, though it be first placed 

 in the deed, shall be void as a frank marriage. 



But if I give land in frank marriage, reserving to me and 

 my heirs ten pounds rent, now the frank marriage stands 

 good, and the reservation is void, because it is a limitation 

 of a benefit to myself, and not to a stranger. 



So if I let white acre, black acre, and green acre to I. S. 

 excepting white acre, this exception is void, because it is 

 repugnant ; but if I let the three acres aforesaid, rendering 

 twenty shillings rent, viz. for white acre ten shillings, and 

 for black acre ten shillings, I shall not distrain at all in 

 green acre, but that shall be discharged of my rent. 

 4 H. 6. 22. So if I grant a rent to I. S. and his heirs out of my 



* Quaere car le ley semble del le contrary en tant que in un grant quant lun 

 part del fait ne poit estoier oue lauter le darr : serra void, auterment in un devise 

 et accordant fuit lopin : de Sur Anderson et Owen Just : contra Walmesley 

 Just. P. 40. Eliz. in le case de Comtesse de Warwick et Sur Barkley in com. 

 banco. 



