MAXIMS OF THE LAW. 197 



are but transitory and accidental to the nature of the 

 place. 



As modo in tenura et occupatione of the proprietary, te 

 nure or possessor is but a thing transitory in respect of 

 land ; Generatio venit, generatio migrat, terra autem manet 

 in sternum. 



So likewise matter of conveyance, title, or instrument. 

 As, qua perquisivi de I. D. qua descendebant a I. N. 

 patre meo, or, in pr&dicta indentura dimissionis, or, in pr&- 

 dictis lit ens patentibus specificaf. 



So likewise, continent per astimationem 20 acras, or if 

 (per fEstimationem) be left out, all is one, for it is understood, 

 and this matter of measure, although it seem local, yet it is 

 indeed but opinion and observation of men. 



The distinction being made, the rule is to be examined 

 by it. 



Therefore if I grant my close called Dale, in the parish 

 of Hurst, in the county of Southampton, and the parish 

 likewise extendeth into the county of Berkshire, and the 

 whole close of Dale lieth in the county of Berkshire ; yet 

 because the parcel is especially named, the falsity of the 

 addition hurteth not, and yet this addition is found in name, 

 but (as it was said) it was less worthy than a proper name. 

 So if I grant tenementum meum, or omnia tenementa mea, 

 (for the universal and indefinite to this purpose are all one) 

 inparochia Sancti Butolphi extra Aldgate (where the verity 

 is extra Bishopsgate) in tenura Guilielmi, which is true, yet 

 this grant is void, because that which sounds in denomina 

 tion is false, which is the more worthy; and that which 

 sounds in addition is true, which is the less ; * and though 

 in tenura Guilielmi, which is true, had been first placed, 

 yet it had been all one. 



But if I grant tenementum meum quod perquisivi de R. C. Vide ib. qua; 

 in Dale, where the truth was T. C. and I have no other c o ntr aria est 

 tenements in D. but one, this grant is good, because that aTxHe primer 

 which soundeth in name (namely, in Dale) is true, and certainty est 

 that which sounded in addition (viz. quod perquisivi, &c.) faux - 

 is only false. 



So if I grant prat a mea in Sale continentia 10 acras, and 

 they contain indeed 20 acres, the whole twenty pass. 

 So if I grant all my lands, being parcels manerii de D. in 



* Semble icy le grant ust este assets bon, come fuit resolu per Cur , Co. lib, 

 3. fol. 10. a. vide. 33 H. 8. Dy. 50. b. 12 El. ib. 292. b. et Co. lib. 2. fo, 

 33. a. 



