The works of Francis Bacon, lord chancellor of England.

MAXIMS OF THE LAW. 237
and the truth is, that the whole close lieth in the me such a lease, that then the same obligation
county of Berkshire; yet the law is, that it shall be void, and you enter into such an obligapasseth well enough, because there is a certainty tion unto me, and afterwards do procure such a
sufficient in that I have given it a proper name lease, yet the obligation is simple, because the
which the false reference doth not destroy, and defeisance was made of that which was not
not upon the reason that these words, "in the So if I grant unto you a rent charge 27 Ed. 3.
county of Wiltshire," shall be taken to go to the out of white acre, and that it shall be
parish only, and so to be true in some sort, and lawful for you to distrain in all my other lands
not to the close, and so to be false: for if I had whereof I am now seised, and which I shall heregranted ounces terras meas in parochiac de Hurst in after purchase; although this be but a liberty of
corn. Wiltshire, and I had no lands in Wiltshire distress, and no rent, save only out of white acre,
but in Berkshire, nothing had past. yet as to the lands afterwards to be purchased the
But in the principal case, if the close clause is void.
21 Ed.3. is. called Callis had extended part into So if a reversion be granted to I. S29Ed.s3.6
I Eliz. Wiltshire and part in Berkshire, then and I. D. a stranger by his deed do 24Eliz.
only that part had passed which lay in Wiltshire. grant to I. S. that if he purchase the particular
So if I grant omnnes et singulas terras estate, he will atturne to the grant, this is a void
29 meas in tenurc I. D. quas perquisivi de atturnment, notwithstanding he doth afterwards
1. N. in inldentura dimissionisfact' 1. BB.speciJicat. purchase the particular estate.
If I have land wherein some of these references But of declarations the law is conare true, and the rest false, and no land wherein trary; as if the disseisee make a char- 20, 21 Eliz.
they are all true, nothing passeth: as if I have ter of feoffminent to 1. S. and a letter of
land in the tenure of I. D. and purchased of I. N. attorney to enter and make livery and seisin, and
but not specified in the indenture to I. B. or if I deliver the deed of feoffment, and afterwards
have land which I have purchased of I. N. and livery and seisin is made accordingly, this is a
specified in the indenture of demise to I. B. and good feoffment; and yet he had no other thing
not in the tenure of I. D. than a right at the time of the delivery of the
But if I have some land wherein all these de- charter; but because a deed of feoffment is but
monstrations are true, and some wherein part of matter of declaration and evidence, and M. 3S. et
them are true and part false, then shall they be there is a new act which is the livery 39 Eliz
intended words of true limitation to pass only subsequent, therefore it is good in law.
those lands wherein all those circumstances are So if a man make a feoffment to I. S. upon contrue. dition to enfeoff I. N. within certain
days, and there are deeds made both of
REGULA XIV. the first feoffment and the second, and letters of
attorney accordingly, and both those deeds of
Licet dispositio de interessefuturo sit inutilis, tamnzen feoffment and letters of attorney are delivered at
potest fieri declaratio prncedens auassortiatur el- a tine, so that the second deed of feoffment and
Jfectzum interveniente novo a~ctu. letters of attorney are delivered when the first
THE law doth not allow of grants except there feoffee had nothing in the land; and yet if both
be a foundation of an interest in the grantor; for liveries be made accordingly, all is good.
the law that will not accept of grants of titles, or So if I covenant with I. S. by indenture, that
of things in action which are imperfect interests, before such a day I will purchase the manor of
much less will it allow a man to grant or encum- D. and before the same day I will levy a fine of
her that which is no interest at all, but merely the same land, and that the same fine shall be to
future. certain uses which I express in the same indenBut of declarations precedent before any inte- ture; this indenture to lead uses being but matter
rest vested the law doth allow, but with this dif- of declaration, and countermandable at n'v pleaference, so that there be some new act or convey- sure, will suffice, though the land be purchased
ance to give life and vigour to the declaration after; because there is a new act to be done, viz.
precedent. the fine.
Now the best rule of distinction between grants But if there were no new act, then 25Eli
and declarations is, that grants are never counter- otherwise it is; as if I covenant with 27 Eliz.
mandable, not in respect of the nature of the con- my son in consideration of natural love, to stand
veyance or instrument, though sometime in re- seised unto his use of the lands which I shall
spect of the interest granted they are, whereas afterwards purchase, yet the use is void: and the
declarations evermore are countermandable in reason is, because there is no new act, nor transtheir natures. mutation of possession following to perfect this
And therefore if I grant unto you, 20Eliz. inception; for the use must be limited by the
that if you enter into an obligation to 19 H. 6. 62. feoffor, and not the feoffee, and he had nothing alt
me of one hundred pounds, and after do procure the time of the covenant.