176 MAXIMS OF THE LAW. 



lieth in the county of Berkshire ; yet the law is, that it 

 passeth well enough, because there is a certainty sufficient 

 in that I have given it a proper name which the false refer 

 ence doth not destroy, and not upon the reason that these 

 words, &quot; in the county of Wiltshire,&quot; shall be taken to go 

 to the parish only, and so to be true in some sort, and not 

 to the close, and so to be false : for if I had granted omnes 

 terras meets in parochia de Hurst in com. Wiltshire, and 

 I had no lands in Wiltshire but in Berkshire, nothing had 

 past. 



9 Ed. 4. 7. But in the principal case, if the close called Callis had 



21 Ed. 3. 18. extended part into Wiltshire and part into Berkshire, then 



only that part had passed which lay in Wiltshire. 

 29 Reg. So if I grant omnes et singulas terras meas in tenura I. D. 



quas perquisivi de I. N. in indent UT a dimissionis fact I. B. 

 specijicat. If I have land wherein some of these references 

 are true and the rest false, and no land wherein they are 

 all true, nothing passeth : as if I have land in the tenure of 

 I. D. and purchased of I. N. but not specified in the in 

 denture to I. B. or if I have land which I purchased oft. N. 

 and specified in the indenture of demise to I. B. and not in 

 the tenure of I. D. 



But if I have some land wherein all these demonstra 

 tions are true, and some wherein part of them are true and 

 part false, then shall they be intended words of true limita 

 tion to pass only those lands wherein all those circum 

 stances are true. 



REGULA XIV. 



Licet dispositio de interesse futuro sit inutilis, tamen potest 



Jieri declaratio pracedens qua sortiatur ejfectum inter- 



veniente novo acta. 



THE law doth not allow of grants except there be a founda 

 tion of an interest in the grantor ; for the law that will not 

 accept of grants of titles, or of things in action which are 

 imperfect interests, much less will it allow a man to grant 

 or incumber that which is no interest at all, but merely 

 future. 



But of declarations precedent before any interest vested 

 the law doth allow, but with this difference, so that there 

 be some new act or conveyance to give life and vigour to 

 the declaration precedent. 



Now the best rule of distinction between grants and de 

 clarations is, that grants are never countermandable, not 

 in respect of the nature of the conveyance or instrument 



