The works of Francis Bacon, lord chancellor of England.

MAXIMS OF THE LAW. 227
common in the several; and yet that is the Now to examine this rule in pleadings as we
strongest exposition against the grantor. have done in grants, you shall find that in all imSo it is a rule, Vaerba ia sunt intelli- perfections of pleadings, whether it be in ambi.
genda, ut res magis aleat, quam pereat: guity of words and double intendments, ot want
and therefore if I give land to I. S. and his heirs, of certainty and averments, the plea shall be
reddendo quinqtte libras annuatim to I. D. and his strictly and strongly against him that pleads.
heirs, this implies a condition to me that am the For ambiguity of words, if in a writ of
22 H. 6. 43.
grantor; yet it were a stronger exposition against entry upon a disseisin, the tenant pleads
me, to say the limitation should be void, and the jointenancy with I. S. of the gift and feoffment of
feoffinent absolute. I. D. judgment de briefe, the demandant saith that
So it is a rule, that the law will not long time before I. D. any thing had, the demandant
intend a wrong, which the civilians himself was seised in fee quousque prwdict' I. D.
utter thus: Ea est accipienda interpretatio, qun vitio super possessionem ejus intravit, and made a joint
caret. And therefore if the executors of I. S. feoffment, whereupon he the demandant re-entergrant omnzia bona et catalla suca, the goods which ed, and so was seised until by the defendant
they have as executors will not pass, because alone he was disseised; this is no plea, because,non constat whether it may not be a devastation, the word isntravit may be understood either of a
and so a wrong; and yet against the trespasser lawful entry, or of a tortious; and the hardest
that taketh them out of their hand, they shall de- against him shall be taken, which is, that it was
clare quod bona sua cepit. a lawful entry; therefore he should have alleged
So it is a rule, words are to be understood that precisely that I. D. disseisivit.
they work somewhat, and be not idle and frivo- So upon ambiguity that grows by 3 Ed.
lous: Verba aliquid operari debent, verba camn effec- reference, if an action of debt be brought Dy. 66
tNt sunt accipienda. And, therefore, if I buy and against I. N. and I. P. sheriffs of London, upon
sell you four parts of my manor of Dale, and say an escape, and the plaintiff doth declare upon an
not in how many parts to be divided, this shall execution by force of a recovery in the prison of
be construed four parts of five, and not of six nor Ludgate sub custodia I. S. et I. D. then sheriffs in
seven, &e., because that it is the strongest against I K. H. VIII, and that he so continued sub cus.me; but on the other side, it shall not be intend- todia I. B. et I. G. in 2 K. H. VIII. and so coned four parts of four parts, that is whole of four tinued sub custodia I. N. et I. L. in 3 K. H. VIII.
quarters; and yet that were strongest of all, but and then was suffered to escape; I. N. and I. L.
then the words were idle and of none effect. plead that before the escape, supposed at such a
So it is a rule, Divisnatio non. inter- day anno superizs in narratione spec-ificato, the
3 H. 6. 20.
pretatio est, qut ormnino recedit a litera: said I. D. and I. S. ad tune vicecomites suffered
and therefore if I have a fee farm-rent issuing out him to escape; this is no good plea, because
of white acre of ten shillings, and I reciting the there be three years specified in the declaration,
same reservation do grant to I. S. the rent of five and it shall be hardest taken that it was 1 or 3 H.
shillings percipiend' de reddit' prwdict' et de omni- VIII. when they were out of office; and yet it is
bits terris et tenementis meis in Dale, with a clause nearly induced by the ad tune vicecomites, which
of distress, although there be atturnemeint, yet should leave the intendment to be of that year in
nothing passeth out of my former rent; and yet which the declaration supposeth that they were
that were strongest against me to have it a double sheriffs; but that sufficeth not, but the year must
rent, or grant of part of that rent with an enlarge- be alleged in fact, for it may be it was mislaid by
ment of a distress in the other land, but for that the plaintiff, and therefore the defendants meanit is against the words, because copitlatio verborum ing to discharge themselves by a former escape,
inclinat exceptionem in codem sensut, and the word which was not in their time, must allege it prede, anglice out of, may be taken in two senses, cisely.
that is, either as a greater sum out of a less, or as For incertainty of intendment, if a
a charge out of land, or other principal interest; warranty collateral be pleaded in bar,
and that the coupling of it with lands and tene- and the plaintiff by replication, to avoid warranty,
ments, viz., I reciting that I am seized of such a saith, that he entered upon the possession of the
rent of ten shillings, do grant five shillings perci- defendant, non constat whether this entry was in
piend' de eodem reddit', it is good enough without the life of the ancestor, or after the warranty atatturnement; because percipiend' de, etc. may well tached; and therefore it shall be taken in hardest
be taken for parcella de, etc. without violence to sense, that it was after the warranty descended,
the words; but if it had been percipiend' de, I. S. if it be not otherwise averred.
without saying de redditibuts pruxdict', although For impropriety of words, if a man H. 6. 18.
I. S. be the person that payeth me the foresaid plead that his ancestors died by pro- 39H. 65.
rent of ten shillings, yet it is void; and so it is of testation seised, and that I. S. abated, &c., this is
all other rules of exposition of grants, when they no plea, for there can be no abatement except
meet in oppositionwith this rule, they are preferred. there be a dying seised alleged in fact; and ain