190 MAXIMS OF THE LAM . 



4 Ed. 6. So if a gift in tail be made upon condition, that if tenant 



^&quot;JiS i n tail die without issue, it shall be lawful for the donor to 

 27H. 8. 6. enter; and the donee discontinue and die without issue: 

 now this condition should seem material to give him benefit 

 of entry, but because it did at the first limit the estate ac 

 cording to the limitation of law, it worketh nothing upon 

 this matter emergent afterward. 



22 Ass. So if a gift in tail be made of lands held in knight s ser 



vice with an express reservation of the same service, where 

 by the land is held over, and the gift is with warranty, 

 and the land is evicted, and other land recovered in value 

 against the donor, held in socage, now the tenure which 

 the law makes between the donor and donee shall be in 

 socage, and not in knight s service, because the first reserva 

 tion was according to the owelty of service, which was no 

 more than the law would have reserved. 



But if a gift in tail had been made of lands held in 

 socage with a reservation of knight s service tenure, and 

 with warranty, then, because the intendment of law is 

 altered, the new land shall be held by the same service the 

 last land was, without any regard at all to the tenure para 

 mount : and thus much of matter ex post facto. 



This rulefaileth where that the law saith as much as the 

 party, but upon foreign matter not pregnant and appearing 

 upon the same act and conveyance, as if lessee for life be, 

 and he lets for twenty years, if he live so long ; this limita 

 tion (if he live so long) is no more than the law saith, but 

 it doth not appear upon the same conveyance or act, that 

 this limitation is nugatory, but it is foreign matter in res 

 pect of the truth of the state whence the lease is derived : 

 and, therefore, if lessee for life make a feoffment in fee, yet 

 16 II. 7. 4. the state of the lease for years is not enlarged against the 

 S^Ecnhza ^ eo ^ ee &amp;gt; otherwise had it been if such limitation had not 

 Fitz.Yl.98. been, but that it had been left only to the law. 



So if tenant after possibility make a lease for years, and 

 the donor confirms to the lessee to hold without impeach 

 ment of waste during the life of tenant in tail, this is no 

 more than the law saith ; but the privilege of tenant after 

 possibility is foreign matter, as to the lease and confirma 

 tion : and therefore if tenant after possibility do surrender, 

 yet the lessee shall hold dispunishable of waste ; otherwise 

 had it been if no such confirmation at all had been made. 



Also heed must be given that it be indeed the same thing 

 which the law intendeth, and which the party expresseth, 

 and not like or resembling, and such as may stand both 



