The works of Francis Bacon, lord chancellor of England.

MAXIMS OF THE LAW. 243
mothermakeafeoffmentinfeetotheuseofhimself This rule faileth where that the law s-fith as
and his heirs, this u e, though expressed, shall not much as the party, but upon foreign matter not
go to him and the heirs of the part of his father pregnant and appearing upon the same act and
4. 133. pl. as a new purchase, no more than it conveyance, as if lessee for life be, and he lets
6 Dyer. should have done if it had been a feoff- for twenty years, if he live so long; this limitament in fee nakedly without consideration, for tion (if he live so long) is no more than the law
the intendment is remote. But if baron and feme saith, but it doth not appear upon the same conbe, and they join in a fine of the feme's land, and veyance or act, that this limitation is nugatory,
express a use to the husband and wife and their but it is foreign matter in respect of the truth of
heirs: this limitation shall give a joint estate by the state whence the lease is derived: and, thereintierties to them both, because the intendment fore, if lessee for life make a feoffment in fee, yet
5 E. 4. S. of law would have conveyed the use to the state of the lease for years is not 16 H. 7.4.
19If. 8. t the feme alone. And thus much touch- enlarged against the feoffee; otherwise perKeble.
ing foreign intendments. had it been if such limitation had not Fitz.l. S1.
For matter ex post facto, if a lease for life be been, but that it had been left only to the law.
made to two, and the survivor of them, and they So if tenant after possibility make a lease for
after make partition': now these words (and the years, and the donor confirms to the lessee to
survivor of them) should seem to carry purpose hold without impeachment of waste during the life
as a limitation, that either of them should be of tenant in tail, this is no more than the law saith;
stated of his part for both their lives severally; but the privilege of tenant after possibility is fo30 Ass. 8. Fitz. but yet the law at the first construeth reign matter, as to the lease and confirmation: and
part 16. 46 the words but words of dilating to de- therefore if tenant after possibility do surrender,
Pi. 7. Dy. scribe a joint estate; and if one of them yet the lessee shall hold dispunishable of waste;
die after partition, there shall be no occupant, but otherwise had it been if no such confirmation at
his part shall revert. all had been made.
So if a man grant a rent charge out of ten acres, Also heed must be given that it be indeed the
and grant further that the whole rent shall issue same thing which the law intendeth, and which
out of every acre, and distress accordingly, and the party expresseth, and not like or resembling,
afterwards the grantee purchase an acre; now and such as may stand both together: for if I let
this clause should seem to be material to uphold land for life rendering a rent, and by my deed
the rent; but yet nevertheless the law at first ac- warrant the same land, this warranty 20 Ed. 2.
cepteth of these words but as words of explana- in law and warranty in deed are not the 2 d..
tion, and then notwithstanding the whole rent is same thing, but may both stand to- zoUlh. 283.
extinct. gether.
4 Ed. 6. So if a gift in tail be made upon con- There remaineth yet a great question on this
oper Hi3e dition, that if tenant in tail die without rule.
27 H-. S.6. issue, it shall be lawful for the donor A principal reason whereupon this rule is built,
to enter; and the donee discontinue and die with- should seem to be, because such acts or clauses
out issue; now this condition should seem ma- are thought to be but declaratory, and added upon
terial to give him benefit of entry, but because it ignorance and ex consuetudine clericorum, upon
did at the first limit the estate according to the observing of a common form, and not upon purlimitation of law, it worketh nothing upon this pose or meaning, and therefore whether by parmatter emergent afterward. ticular and precise words a man may not control
22 Ass. So if a gift in tail be made of lands the intendment of the law.
P. 2I. held in knight's service with an express To this I answer, that no precise or express
reservation of the same service, whereby the land words will control this intendment of law; but
is held over, and the gift is with warranty, and as the general words are void, because they say
the land is evicted, and other land recovered in contrary to that the law saith; so are they whiclh
value against the donor, held in socage, now the are thought to be against the law: and theretere
tenure which the law makes between the donor if I demise my land being knight's service tenure
and donee shall be in socage, and not in knight's to my heir, and express my intention to be, that
service, because the first reservation was accord- the one part should descend to him as the titird
ing to the owelty of service, which was no more appointed by statute, and the other he shall ta:ke
than the law would have reserved. by devise to his own use; yet this is void: for
But if a gift in tail had been made of lands the law saith, he is in by descent of the whole,
held in socage with a reservation of knight's ser- and I say he shall be in by devise, which is against
vice tenure, and with warranty, then, because the the law.
intendment of law is altered, the new land shall But if I make a gift in tail, and say
be held by the same service the last land was, upon condition, that if tenant in tail Lit. P. 36..
without any regard at all to the tenure paramount: discontinue and after die without issue, it shall
and thus much of matter expostfacto. be lawful for me to enter; this is a good clause