A philologicall commentary, or, An illustration of the most obvious and useful words in the lavv with their distinctions and divers acceptations, as they are found as well in reports antient and modern as in records and memorials never printed : usefull for all young students of the law / by Edward Leigh ...

GRANT.

Grant. It is a maxim in Law that every mans* 1.1 Grant shall be taken by construction of Law most forcible against himself, which is so to be under∣stood, that no wrong be thereby done, for it is another maxim in Law, quód legis constructio non facit injuriam. And therefore if a Tenant for life maketh a lease generally, this shall be taken by construction of Law, an estate for his own lite that made the Lease, for if it should be a Lease for* 1.2 the life of the Lessee, it should be a wrong to him in the reversion. So if Tenant in tail make a Lease generally, the Law shall suppose this to be such a Lease as he may lawfully make, and that is for term of his own life, for if it should be for life of the Lessee, it should be a discontinuance, and consequently the state which should pass by con∣struction of Law should make a wrong.

Where the grant is impossible to take effect, ac∣cording* 1.3 to the Letter, there the Law shall make such a construction, as the gift by possibility may take effect. Ben••g••è faciendae sunt interpretatio∣nes chartarum propter simplicitatem Laicorum, ut res magis valeat quam pereat, that the thing may* 1.4 rather be strengthened then void, for if Writs be not formally made, they shall abate, which is no greater prejudice, then the purchasing of a new Writ, but if the Grant be void, the patty hath no remedy.

If two Tenants in common be, and they grant a Rent of 20 ••. per annum out of their Land, the Grantee shall have two Rents of 20 Shillings, be∣cause every mans grant shall be taken most strongly against himself, and therefore they be severall grants in Law. But if they two make a gift in tail, or Lease for life, reserving 20 s.* 1.5 Rent to them and their Heirs, they shall have but one twenty Shillings, for they shall have no more then themselves reserved, and the Donee or Lessee shall pay but 20 s. according to their own express reservation.

If a man have five horses ••in his Stable, and he* 1.6 give to me one of his Horses in his Stable, now I shall take which Horse I will.

If a man grant an annuity out of certain Land, and he hath no Land at the time of the grant, yet the grant shall charge his person.

The Law saith that benefits from the Crown are strictae, nay strictissimae interpretationis, because in such grants so much is taken away from the publick (which is chiefly to be tendered) as is im∣parted to the private.

If a man hath Mines hidden within his ground,* 1.7 and lets ••is ground and all the Mines with it, the Lessee may dig for them, for quando aliquis aliquid

concedit, con••edere videtur & id sine quo res ipsa esse* 1.8 non p••test.

The Queen is an exempt person from the King by the Common Law, and is of ability and capacity to purchase and grant without the King.

If a man grant certain Land to one cum communia* 1.9 in omnibus terris suis, and express not any certain place, he shall have common in all his Lands, which he had at the time of the grant.

A man grants all his Trees and wood upon B. acre, that may reasonably be spared, this is a void* 1.10 grant, unless it be referred to a third persons judg∣ment, what may be spared.

If the King grant to me that I shall not be She∣riff without shewing of what County, this is void* 1.11 for the uncertainty, quia concessi•• per regem oportet fieri de certitudine, but if the grant was quòd non erit vicecomes alicujus comitatus, there such a grant is good, when the words of a grant are not sufficient ex vi termini to pass the thing granted, but the grant is utterly void, there a non obstante connot make the grant good.

The Lord Chancellour of England, the Justi∣ces of the Kings Bench or Common Pleas, and Barons of the Exchequer, cannot grant their Offices over to other persons, nor occupy them by Deputy. If an annuity be granted to* 1.12 me pro consilio in posterum impendendo, I cannot grant this, unless it be granted to me and my Assigns.

A Parson may grant to another the moity of his Tythes for years, whether it be Lamb, Wool or Corn, and yet he hath no possession of them, be∣cause* 1.13 they are not yet in esse. But yet he hath an interest in them, and may grant the moity of them, as well as one may grant to another that it

shall be lawfull for him to take every year a Deer or a Hare, or a Cony within his soil, this is a good grant.

Notes

• * 1.1

  Quaelibet concessio fortissimè contra donato∣rem inter∣pretanda est.
• * 1.2

  Cook on Lit. lib. 3. c. 3. sect. 283.
• * 1.3

  Id. ib.
• * 1.4

  Cook 6 Re.
• * 1.5

  Cook on Lit. l. 3. ••. 0. sect. 314.
• * 1.6

  Perk of Grants.
• * 1.7

  Cook 6 Rep. Sanders Case.
• * 1.8

  Cook on Lit. l. 1. c. 1. sect. 1.
• * 1.9

  Fitz. Nat. brev. tit. Common L. 180. B.
• * 1.10

  1 Mar. Dy. 91.
• * 1.11

  Cook 9 Rep-Earl of Sa∣lops Case. Cook 4 Rep. Bozouns Case.
• * 1.12

  Perkins tit. Grants.
• * 1.13

  38 Ed. 3. 6.