MAXIMS OF THE LAW. 153 



manor of Dale, et oblige manerium pr&dictum et omnia bona 26 Ass. pi. 

 et catalla mea super manerium pr&dictum existentia ad dis- 66 / 

 tringendum per ballivos domini regis: this limitation of the 46 E 3&amp;lt; I8 

 distress to the king s bailiffs is void, and it is good to give 

 a power of distress to I. S. the grantee, and his bailiffs. 



But if I give land in tail tenendo de capitalibus dominis 2 Ed. 4. 5. 

 per redditum viginti solidorum per jidelitatem: this limita 

 tion of tenure to the lord is void; and it shall not be 

 good, as in the other case, to make a reservation of twenty 

 shillings good unto myself; but it shall be utterly void, as 

 if no reservation at all had been made : and if the truth be 

 that I, that am the donor, hold of the lord paramount by 

 ten shillings only, then there shall be ten shillings only re 

 served upon the gift in tail as for ovelty. 



So if I give land to I. S. and the heirs of his body, and 21 Ed. 3. 49. 

 for default of such issue quod tenementum pr&dictum rever- 31 et 32 H. 

 tatur ad I. N. yet these words of reservation will carry a p jj^fo 37* 

 remainder to a stranger. But if I let white acre to I. S. 35JL 6. 34. 

 excepting ten shillings rent, these words of exception to 

 mine own benefit shall never inure to words of reservation. 



But now it is to be noted, that this rule is the last to 

 be resorted to, and is never to be relied upon but where 

 all other rules of exposition of words fail ; and if any 

 other rule come in place, this giveth place. And that is 

 a point worthy to be observed generally in the rules of 

 the law, that when they encounter and cross one another 

 in any case, it be understood which the law holdeth 

 worthier, and to be preferred ; and it is in this particular 

 very notable to consider, that this being a rule of some 

 strictness and rigour, doth not, as it were, his office, but in 

 absence of other rules which are of more equity and hu 

 manity; which rules you shall find afterwards set down 

 with their expositions and limitations. 



But now to give a taste of them to this present purpose: 

 it is a rule, that general words shall never be stretched too 

 far in intendment, which the civilians utter thus : Verba 

 generalia restringuntur ad habilitatem persona, vel ad apti- 

 tudinem rei. 



Therefore, if a man grant to another, common intra met as 14 Ass. pi. 

 et bundas miles, de, Dale, and part of the ville is his several, 21 - 

 and part is his waste and common ; the grantee shall not 

 have common in the several ; and yet that is the strongest 

 exposition against the grantor. 



So it is a rule, Verba it a sunt inteUigenda, ut res magis Lit. cap. 

 qnam pereat : and therefore if 1 give land to I. S. comlt 



