282 THE CASE OF REVOCATION OF USES. 



case, com. f. be paid at the feasts of Annunciation and Michaelmas ; 



17 lt these words shall be inverted by law, as if they had been 



set thus, at Michaelmas and the Annunciation : for else 

 he cannot have a rent yearly ; for there will be fourteen 

 months to the first year. 



Fitzwilliams s Fitzwilliams s case, 2 Jac. Co. p. 6. f. 33. it was contained 



CaS fi ? J T* C * * n an ^denture of uses, that Sir William Fitzwilliams 

 should have power to alter, and change, revoke, determine, 

 and make void the uses limited : the words are placed dis 

 orderly ; for it is in nature first to determine the uses, and 

 after to change them by limitation of new. But the chief 

 question being in the book, whether it might be done by 

 the same deed ; it is admitted and thought not worth the 

 speaking to, that the law shall marshal the acts against the 

 order of the words, that is, first to make void, then to limit. 

 So if I convey land and covenant with you to make far 

 ther assurance, so that you require it of me, there, though 

 the request be placed last, yet it must be acted first. 



So if I let land to you for a term, and say, farther, it shall 

 be lawful for you to take twenty timber trees to erect a new 

 tenement upon the land, so that my bailiff do assign you 

 where you shall take them, here the assignment, though 

 last placed, must precede. And therefore the grammarians 

 do infer well upon the word period, which is a full and 

 complete clause or sentence, that it is complexus orationis 

 circularis : for as in a circle there is not prius nor posterius, 

 so in one sentence you shall not respect the placing of 

 words; but though the words lie in length, yet the sense 

 is round, so as prima erunt novissima et novissima prima. 

 For though you cannot speak all at once so, yet you must 

 construe and j udge upon all at once. 



To apply this ; I say these words, so that, though loco et 

 textu posteriora, yet they be potestate et sensu priora : as if 

 they had been penned thus, that it shall be lawful for Sir 

 Thomas Stanhope, so that he assure lands, &c. to revoke ; 

 and what difference between, so that he assure, he may 

 revoke; or, he may revoke, so that he assure; for you 

 must either make the so that to be precedent or void, as I 

 shall tell you anon. And therefore the law will rather invert 

 the words than pervert the sense. 



But it will be said, that in the cases I put it is left inde 

 finite, when the act last limited shall be performed ; and so 

 the law may marshal it as it may stand with possibility ; 

 and so if it had been in this case no more but, so that Sir 

 Thomas or John should assure new lands, and no time 



