MAXIMS OF THE LAW. 191 



together: for if I let land for life rendering a rent, and 

 by my deed warrant the same land, this warranty in law 20 Ed. 2. 

 and warranty in deed are not the same thing, but may botli Fit p 7 j 

 stand together. Zouch .289. 



There remaineth yet a great question on this rule. 



A principal reason whereupon this rule is built, should 

 seem to be, because such acts or clauses are thought to be 

 but declaratory, and added upon ignorance and ex consue- 

 tudine clericorum, upon observing of a common form, and 

 not upon purpose or meaning, and therefore whether by 

 particular and precise words a man may not control the 

 intendment of the law. 



To this I answer, that no precise or express words will 

 control this intendment of law ; but as the general words 

 are void, because they say contrary to that the law saith ; 

 so are they which are thought to be against the law : and 

 therefore if I demise my land being knight s service tenure 

 to my heir, and express my intention to be, that the one 

 part should descend to him as the third appointed by 

 statute, and the other he shall take by devise to his own 

 use ; yet this is void : for the law saith, he is in by descent 

 of the whole, and I say he shall be in by devise, which is 

 against the law. 



But if I make a gift in tail, and say upon condition, that Lit. pi. 362. 

 if tenant in tail discontinue and after die without issue, it 

 shall be lawful for me to enter ; this is a good clause to 

 make a condition, because it is but in one case, and doth 

 not cross the law generally : for if the tenant in tail in that 

 case be disseised, and a descent cast, and die without 

 issue, I that am the donor shall not enter. 



But if the clause had been provided, that if tenant in 

 tail discontinue, or suffer a descent, or do any other fact 

 whatsoever, that after his death without issue it shall be 

 lawful for me to enter : now this is a void condition, for it 

 importeth a repugnancy to law ; as if I would over-rule that 

 where the law saith I am put to my action, I nevertheless 

 will reserve to myself an entry. 



REGULA XXII. 



Nou videtur consensum retinuisse si quis ex pr&scripto 



minantis aliquid immutavit. 



ALTHOUGH choice and election be a badge of consent, yet 

 if the first ground of the act be duresse, the law will not con 

 strue that the duresse doth determine, if the party duressed 

 do make any motion or offer. 



