MAXIMS OF THE LAW, 157 



if it be a matter that is to be set forth on the other side, 

 then the plea shall not be taken in the hardest sense, but 

 in the most beneficial, and to be left unto the contrary 

 party to allege. 



And, therefore, if a man be bound in an obligation, that 28 H. 8. 

 if the feme of the obligee do decease before the Feast of D y- fo - 17 - 

 St. John the Baptist, which shall be in the year of our Lord 

 God 1 598, without issue of her body by her husband law 

 fully begotten then living, that then the bond shall be void ; 

 and in debt brought upon this obligation the defendant 

 pleads that the feme died before the said feast without issue 

 of her body then living : if this plea should be taken strong- 

 liest against the defendant, then should it be taken that the 

 feme had issue at the time of her death, but this issue died 

 before the feast ; but that shall not be so understood, be 

 cause it makes against the defendant, and it is to be brought 

 in on the plaintiff s side, and that without traverse. 



So if in a detinue brought by a feme against the execu- 30 E. 3. 

 tors of her husband for her reasonable part of the goods of 

 her husband, and her demand is of a moiety, and she de 

 clares upon the custom of the realm, by which the feme is 

 to have a moiety, if there be no issue between her and her 

 husband, and the third part if there be issue had, and de- 

 clareth that her husband died without issue had between 

 them ; if this count should be hardliest construed against 

 the party, it should be intended that her husband had issue 

 by another wife, though not by her, in which case the feme 

 is but to have the third part likewise ; but that shall not 

 be so intended, because it is matter of reply to be showed 

 of the other side. 



And so it is of all other rules of pleadings, these being 

 sufficient not only for the exact expounding of these other 

 rules, but obiter to show how this rule which we handle is 

 put by when it meets with any other rule. 



As for acts of parliament, verdicts, judgments, &c. which 

 are not words of parties, in them this rule hath no place at 

 all, neither in devises and wills, upon several reasons ; 

 but more especially it is to be noted, that in evidence 

 it hath no place, which yet seems to have some affinity 

 with pleadings, especially when demurrer is joined upon 

 the evidence. 



And, therefore, if land be given by will by H. C. to his 13. 14 R. p. 

 son I. C. and the heirs males of his body begotten ; the re- 412 - 

 mainder to F. C. and the heirs males of his body begotten: 

 the remainder to the heirs males of the body of the devisor: 



