The touchstone of precedents, relating to judicial proceedings at common law by G.F. of Grayes-Inn, Esquire.

WHere the Grant shall be good ab initio although it was incertainat the commen∣cement.

Note, If a Parson will Grant to me all the Wooll which he shall have for Tithe the next year to come, this Grant is good, and yet the quantity of the Wool is incer∣tain at the time of the Grant; But be∣cause it may be reduced to a certainty af∣ter the Grant, it was held good enough. 21 H. 6. 43.

And so, if a man will Grant to me the Perquisits of his Court, this incertain Grant is good, causâ quâ suprà, 21 H. 6. 43.

The same Law is, where a Feoffment is made of two Acres, the one for Life, the other in Fee, without determining in certain in which he shall have Fee; this in∣certain Feoffment may be reduced to cer∣tainty, as if the Feoffee loose both the Acres by default, he may have a quod ei deforceat for the one, and a Writ of Right for the other Acre, and thereby the certainty of the gift shall be determined and known. Lit. Fo. 13. a.

And so, if one Grant a Rent-charge to one, now the Grantee may avow or have a writ of Annuity, and which of them he will use shall be maintainable, and yet at the Com∣mencement it was incertain, and yet not∣withstanding this incertainty the Grant was good. Lit. Tit. Rents Fo. 13. a.

In like manner, if a man Grant to one 20s. or a Robe yearly, the Grantee there cannot know the certainty of the Grant; for peradventure he shall have alwayes the 20s. or perhaps alwayes the Robe, and yet the Grant there shall be held good, because that it is reducible to a certainty by the Will of the Grantor. 9 E. 4. 37 en Dett. per Lit. Fo. 13. a.

And so, a Lease for so many years as I. S. shall name, is good, and yet it is incertain; but if I. S. name a certain number, then it is good ab initio. Lit. ib.

So, If I haue two Horses in my Stable, a black and a white, and I give to I. S. one of these Horses; now this gift is good not∣withstanding the incertainty, because that by the circumstances, Viz. by his Election the certainty may be known. Lit. ib.

Also if a man Let all the Acres of Land which he hath in Dale to I. S. for years, rendring for every acre 12d. although that the number of the Acres were not known by the Lessor nor by the Lessee, and because the Rent is at the commencement incertain, yet upon mensuration or other Triall had, the Rent reserv'd may be known certainly, and then the Lessor may have a writ of Debt for the Rent, and so by this possibility of Tryall the reservation is made good, which at the commencement was void for the in∣certainty.

So if a man Lett Black-Acre and White-Acre for Life, the remainder of one of the two Acres in Fee, now it is incertain which of the two Acres he in the remain∣der shall have; but if he License the Les∣see to cut down Trees in White-Acre, then he s••all be adjudged to have had the remain∣der of that Acre ab initio, and so thereby that which at the commencement was incer∣tain, is afterwards made certain.

And so was Wheelers case, sc. one Grants his Term to another, upon condition that 〈◊〉〈◊〉

the Grantee shall obtain the Favour of the Lessor, and also pay so much as I. S. shall award; this was taken for a good Grant after the condition was performed. 14 H. 8. 17. 6. b.

In Trespass the case was, That the Defen∣dant and the Plaintiff had bargained toge∣ther that the Defendant should go to a place where certain Wheat grew, and to see the Wheat, and if he lik'd it upon the view, that then he should take it from thence pay∣ing 40d. for every Acre; this there was held a good contract notwithstanding the incertainty of the quantity of the Wheat, and of the gross Sum which should be paid for it, because that upon the circum∣stance the certainty may appear, for al∣though it was a conditional agreement be∣tween the parties, yet it is held a good Justi∣fication if he presently paid for it at the time of his carrying it away. P. 17 E 4. Fo. 1. & Fo: 6 b.