MAXIMS OF THE LAW. 171 



never had seisin whereupon he might ground his action, but 

 he is at a mischief by his own laches : and the like law of the in Com. Banco, 

 King s patentee ; for I see no reasonable difference between jj^yj 7 1 jf J&quot; 

 them and him in the remainder, which is Littleton s case. g c j re f ac [ 3&amp;gt; * 



But note, that the law by operation and matter in fact 41 E. 3.14. per 

 will never countervail and supply a title grounded upon a Fmcllden - 

 matter of record ; and therefore if I be entitled unto a writ 

 of error, and the land descend unto me, I shall never be 

 remitted, no more shall I be unto an attaint, except I may 

 also have a writ of right. 



So if upon my avowry for services, my tenant disclaim 25 H. 8. 

 where I may have a writ of right as upon disclaimer, if the D y* L 7&amp;gt; 

 land after descend to me, I shall never be remitted. 



REGULA X. 



Verba generalia restringunter ad habilitatem rei vel 

 persona. 



IT is a rule that the King s grants shall not be taken or 

 construed to a special intent ; it is not so with the grants 

 of a common person, for they shall be extended as well to 

 a foreign intent as to a common intent; yet, with this 

 exception, that they shall never be taken to an impertinent 

 or a repugnant intent : for all words whether they be in 

 deeds or statutes, or otherwise, if they be general and not 

 express and precise, shall be restrained unto the fitness of 

 the matter or person. 



As if I grant common in omnibus terris meis in D. and I Perk. pi. 108. 

 have in D. both open grounds and several, it shall not be 

 stretched to my common in several, much less in my gardens 

 and orchards. 



So if I grant to a man omnes arbores meas crescentes supra 14 H. 8. 2. 

 terras meas in D, he shall not have apple-trees, nor other 

 fruit-trees growing in my gardens, or orchards, if there be 

 any other trees upon my grounds. 



So if I grant to I. S. an annuity of ten pounds a year 41 Ed. 3. 6. 

 pro consilio impenso et impendendo, if I. S. be a physician, et 19&amp;gt; 

 it shall be understood of his counsel in physic ; and if he 

 be a lawyer, of his counsel in law. 



So if 1 do let a tenement to I. S. near by my dwelling- 

 house in a borough, provided that he shall not erect or use 

 any shop in the same without my license, and afterwards I 

 license him to erect a shop, and I. S. is then a miller, he shall 

 not by virtue of these general words, erect a joiner s shop. 



So the statute of chantries, that willeth all lands to be 26 E. 337. Dy. 

 forfeited, given or employed to a superstitious use, shall 



