194 MAXIMS OF THE LAW. 



but so it is not in variance, and therefore the averment 

 must be of matter, that do endure quantity, and not in 

 tention. 



As to say, of the precinct of Oxford, and of the Univer 

 sity of Oxford, is one and the same, and not to say that the 

 intention of the parties was, that the grant should be to 

 Christ-Church in that University of Oxford. 



REGULA XXIV. 



Licita bene miscentur, formula nisi juris obstet. 

 THE law giveth that favour to lawful acts, that although 

 they be executed by several authorities, yet the whole act is 

 good. 



As when tenant for life is the remainder in fee, and they 

 join in a livery by deed or without, this is one good entire 

 livery drawn from them both, and doth not inure to a sur 

 render of the particular estate, if it be without deed* or 

 confirmation of those in the remainder, if it be by deed ; 

 but they are all parties to the livery. 



So if tenant for life the remainder in fee be, and they join 

 in granting a rent, this is one solid rent out of both their 

 estates, and no double rent, or rent by confirmation. 



So if tenant in tail be at this day, and he make a lease 

 for three lives, and his own, this is a good lease, and war- 

 Quaere, ranted by the statute of 32 H. VIII. and yet it is good in 

 part by the authority which tenant in tail hath by the 

 common law, that is for his own life, and in part by the 

 authority which he hath by the statute, that is, for the 

 other three lives. 



So if a man, seised of lands deviseable by custom, and of 

 other land held in knight s service, and devise all his lands, 

 this is a good devise of all the land customary by the com 

 mon law, and of two parts of the other land by the statutes. 



So in the Star-chamber a sentence may be good, grounded 

 in part upon the authority given the court by the statute 

 of 3 H. VII. and in part upon that ancient authority which 

 the court hath by the common law, and so upon several 

 commissions. 



But if there be any form which the law appointeth to be 



* Semble decrement le ley d estre contrary in ambideux cases, car lou est 

 sans fait est livery solement de cestui in le rem et surr de partic ten auter- 

 ment serra forfeiture de son estate, et lou est per fait, le livery passa solement de 

 tenant, car il ad le frank tenement, vide accordant. Sn r . Co. lib. 1. 76. b. 77. a. 

 Com. Plow. 59. A. 140. 2 H. 5. 7. 13 H. 7. 14. 13 Ed. 4. 4. a. 27 H. 8. 13. 

 M. 16 et 17. El. Dy. 339. 



