verta strongly take contra to carry out this rule that a man deed and his word  shall be take strong against himself though it be one of the most common  ground of the law it be notwithstanding a rule draw out of the depth of reason  for first it be a school master of wisdom diligence in make man watchful in  their own business next it be author of much quiet and certainty and that in  two sort first because it favour act and conveyance execute take they still  beneficial for the grantee and possessor and second because it make a end of  many question and doubt about construction of word for if the labour be only  to pick out the intention of the party every judge will have a several sense  whereas this rule do give they a sway to take the law more certain one way but  this rule as all other which be very general be but a sound in the air and  come in sometime to help and make up other reason without any great  instruction or direction except it be due concern in point of difference where  it take place and where not and first we will examine it ingrants then in  plead the force of this rule be in three thing in ambiguity of word in  implication of matter and deduce or qualify the exposition of such grant as be  against the law if they be take accord to their word and therefore if I S  submit himself to arbitrament of all action and suit between he and I d and I  n it rest ambiguous whether the submission shall be intend collective of joint  action only or distributive of several action also but because the word shall  be take strong against I S that speak they it shall be understand of both for  if I S have submit himself to arbitrament of all action and suit which he have  now depend except it be such as be between he and I d and I n now it shall be  understand collective only of joint action because in the other case large  construction be hard against he that speak and in this case strict  construction be hard so if I grant ten pound rend to baron and feme and if the  baron die that the feme shall have three pound rend because these word rest  ambiguous whether I intend three pound by way of increase or three pound by  way of restraint and abatement of the former rend of ten pound it shall be  take strong against I that be the grantor that it be l addition to the ten but  if I have let land to baron and feme for three life reserve l per annum and if  the baron die reserve three pound this shall be take contrary to the former  case to abridge my rend only to three pound so if I demise all boscos meo in  shaggy hair de dale for year this pass the soil but if I demise all my land in  dale To take out kind of water fowl  this extend to the tree only and not to  the soil so if I sow my land with come and let it for year the corn pass to my  lessee if I except it not but if I make a lease for life to I S upon condition  that upon request he shall make I a lease for year and I S sow the ground and  then I make request I S may well make I a lease except his corn and not break  the condition so if I have free warren in I own hand and let my land for life  not mention the warren yet the leasee by implication shall have the warren  discharge and extract during his lease but if I let the land One come libre a  warrenna except white acre there the warren be not by implication reserve unto  I either to be enjoy or extinguish but the leasee shall have warren against I  in white acre so if I S hold of I by fealty and rend only yet the fealty by  implication shall pass because my grant shall be take strong as of a rend  service and not of a rend seek otherwise have it be if the signiory have be by  homage fealty and rend because of the dignity of the service which can not  have pass by intendment by the grant of the rend but if I be seize of the  manor of dale in fee whereof I S hold by fealty and rend and I grant the manor  except the rend the fealty shall pass to the grauntee and I S shall have but a  rend seek so in grant against the law if I give land to I S and his heir male  this be a good feesimple which be a large estate than the word seem to intend  and the word male be void but if I make a gift entail reserve a rend to I and  the heir of my body the word of my body be not void and to leave it a rend in  feesimple but the word heir and all be void and lean it but a rend for life  except that you will say it be but a limitation to any my heir in feesimple  which shall be heir of my body for it can be a rend entail by reservation but  if I give land with my daughter in frank marriage the remaindor to I S and his  heir this grant can be good in all the part accord to the word for it be  incident to the nature of a gift in frank marriage that the donee hold it of  the donor and therefore my deed shall be take so strong against my self that  rather than the remainder shall be void the frank marriage though it be first  place in the deed shall be void as a frank marriage but if I give land in  frank marriage reserve to I and my heir ten pound rend now the frank marriage  stand good and the reservation be void because it be a limitation of a benefit  to my self and not to a stranger so if I let white acre black acre and green  acre to I S except white acre his exception be void because it be repugnant  but if I let the three acre aforesaid render twenty shilling rend videlicet  for white acre ten shilling and for black acre ten shilling I shall not  destraine at all in green acre but that shall be discharge of my rend so if I  grant a rend to I S and his heir out of my manor of dale oblige manor all good  little dog of me super manor prediction to step out and distringend per  Baliuum domini king this limitation of the distress to the king bailiff be  void and it be good to give a power of distress to I S the grauntee and his  bailiff but if I give land entail tenend de of the head owner per return  twenty undivided faithfulness this limitation of tenure to the lord be Edward  ass pl quaere car Le lie seble thou Le contrary entant and in un grant quant  moon part deal fait ne poit estoier one lauter Le darr serra void auterment in  un devise et accordant suit lopin de sur Anderson et Owen just contra  walmesley just p Elizabeth in Le case de coun tesse de Warwick et sur Berkeley  in come banc h ass pl Ed Edward void and it shall not be good as in the other  case to make a reservation of twenty shilling good unto my self but it shall  be utter void as if no reservation at all have be make and if the truth be  that I that be the donor hold of the lord paramount by ten shilling only then  there shall be ten shilling only reserve upon the gift entail as for ovelty so  if I give land to I S and the heir of his body and for default of such issue  quoth property pridictum see revertor. and I n yet these word of reservation  will carry a remainder to a stranger but if I let white acre to I S except ten  shilling rend these word of exception to I own benefit shall never inure to  word of reservation but now it be to be note that this rule be the last to be  resort to and be never to be rely upon but whereall other rule of exposition  of word fail and if any other come in place this give place and that be a  point worthy to be observe general in the rule of the law that when they  encounter and cross one anothe in any case it be understand which the law hold  worthy and to be prefer and it be in this particular very notable to consider  that this be a rule of some strictness and rigour do not as it be it be office  but in absence of other rule which be of more equity and humanity which rule  you shall afterward find set down with their exposition and limitation but now  to give a taste of they to this present purpose it be a rule that general word  shall never be stretch too far in intendment which the civilian utter thus  word generalia to bind back and habilitatem personae well and aptitude rei  therefore if a man grant to another common intra fear bundas villae de dale  and part of the ville be his several and part his waste and common the grantee  shall not have common in the several and yet that be the strong exposition  against the grantor so it be a rule word ita are to come to know ut res  to greater extent to be strong how to pass away and therefore if I give land  to I S and his heir reddend five libras annatim to I d and his heir this imply  a condition to I that be the grantor yet it be a strong exposition against I  to say the limitation shall be void and the feoff absolute so it be a rule  that the law will not intend a wrong which the civilian utter thus Ea be  accipenda interpretation how fault caret and therefore if the executor of I S  grant all good little dog to sew the good which they have as executor will not  pass because non constat whether it may be a devastation and so a wrong and  yet against the trespasser that take they out of their hand they shall declare  quoth good to sew to take in hand so it be a rule that word be so to be  understand that they work somewhat and be not idle and frivolous word  to some degree laboring to withhold word come execution are  to take without effort and therefore if I buy and sell you the four part of my  manor of dale and say not in how many part to be divide this shall be construe  four part of five and not of nor c because that it be the strong against I but  on the other side it shall not be intend four part of four part or the whole  or four quarter and yet that be strong of all but then the word be idle and of  none effect so it be a rule devinatio non interpretation be who entirely  to go back litter and therefore if I have a feefarme rend issue out of white  acre often shilling and I recite the same reservation do grant to I S the rend  of five shilling percipiend de return predict de omnibus terris property meis  in dale with a clause of distress although there be atturnment yet nothing  pass out of my former rend and yet that be strong against I to have it a  double rend or grant of part of that rend with a enlargement of a distress in  the other land but for that it be against the word because connecting a word  point out taking  in to the same place sensum and the word de anglice out of  may be take in two sense that be either as a great sum out of a less or as a  charge out of land or other principal interest and that the couple of it with  land tenement videlicet I recite that I be seize of such a rend of ten  shilling do grant five shilling percipiend de to the same place return it be  good enough without atturnment because percipiend de c may well be take for  parcella de c without violence to the word but if it have be de return predict  although I S be the person that pay I the foresay rend of ten shilling yet it  be void and so it be of all other rule of exposition of grant when they meet  in opposition with this rule they be prefer now to examine this rule in plead  as we have do in grant you shall find that in all imperfection of plead  whether it be in ambiguity of word and double intendment or want of certainty  and averment the plea shall be strict and strong against he that plead for  ambiguity of word if in a writ of entry upon seize the tenant plead  jointenancy with I S of the gift and feoff of I d judgement de brief the  demandant say that long time before I d any thing have the demandant himself  be seize in fee until what time predict I d super possession he to go into and  make a joint feoff whereupon he the demandant reentered and so be seize until  by the defendant alone he be seize this be no plea because the word to go into  may be understand either of a lawful entry or of a tortuous and the hard  against he shall be take which be that it be a lawful entry therefore he shall  have allege precise that I d disseisiuit so upon ambiguity that grow by  reference if a action of debt be bring against I n and I p sheriff of London  upon a escape and the plaintiff do declare upon a execution by force of a  recovery in the prison of Ludgate sub custodian I S I d then sheriff in king h  and that be so continue sub custodian I b I g in king h and so continue sub  custodian I n I l in king h and then be suffer to escape I n I l plead that  before the escape suppose at such a day year  superius in narration  specificato the say I d and I S and tunc viscount suffer he to escape this be  no good plea because there be three year specify in the declaration and it  shall be hard take that it be or h when they be out of office and yet it be  near induce by the and tunc viscount which shall leave the intendment to be of  that year in which the declaration suppose that they be sheriff but that  suffice not but the year must be allege in fact for it may be mislay by the  plaintiff and therefore the defendant meaning to discharge themselves by a  former escape which be not in their time must allege it precise for  incertainty of intendment if a warranty collateral be plead in bar and the  plaintiff by replication to avoid the warranty say that he enter upon the  possession of the defendant non constat whether this entry be in the life of  the ancestor or after the warranty attach and therefore it shall be take in  hard sense that it be after the warranty descend if it be not otherwise aver  for impropriety of word if a man plead that his ancestor die by protestation  seize and that I S abate c this be no plea for there can be a abatement except  there be a die seize allege in fact and a abatement shall not be improper take  for seize in plead ear parols be plead for repugnancy if a man in avowry  declare that he be seize in his demesne as of fee of white acre and be so  seize do demise the say white acre to I S habendum the moiety for year from  the date of the deed the other moiety from the surrender expiration or  determination of the estate of I d who tenet pridict center point and boundary  vitae of oneself reddend forty S Edward die h h h rend this declaration be  insufficient because the seize that he have allege in himself in his demeine  as of fee in the whole and the state for life or a moiety be repugnant and it  shall not be cure by take the last which be express to control the former  which be but general and formal but the plea be nought and yet the matter in  law have be good to have entitle he to have distrain for the whole rend but  the same restraint follow this rule in plead that be before note in grant for  if the case be such as fall within another rule of plead this rule may not be  urge and therefore it be a rule that a bar be good to a common intent though  not to every intent as if a debt be bring against five executor and three of  they make default and two appear and plead in bar a recovery have against they  two of l and nothing in their hand over and above that sum if this bar shall  be take strong against they it shall be intend that they may have abate the  first suit because the other three be not nam and so the recovery not due have  against they but because of this other rule the bar be good for that the more  common intent will say that they two do only administer and so the action well  consider rather than to imagine that they will have lose the benefit and  advantage of abate the writ so there be another rule that in plead a man shall  not disclose that which be against himself and therefore if it be matter that  be to be set forth on the other side then the plea shall not be take in the  hard sense but in the most beneficall and to be leave unto the contrary party  to allege and therefore if a man be bind in a obligation that if the feme of  the obligee do decease before the feast of saint Jonn the baptist which shall  be in the year of our lord God without isssue of her body by her husband  lawful beget then live that then the bind shall be void and in debt bring upon  this obligation the defendant plead that the feme die before the say feast  without issue of her body then live if this plea shall be take strong against  the defendant then shall it be take that the feme have issue at the time of  her death but this issue die before the feast but that shall not be so  understand because it make against the defendant and it be to be bring in of  the plaintiff side and that without traverse so if in a detinue bring by a  feme against the executor of her husband for her reasonable part of the good  of her husband and her demand be of a moiety and she declare upon the custom  of the realm by which the feme be to Edward Edward blow h Dys fol have a  moiety if no issue be have between her and her husband and the three part if  there be issue have and declare that her husband die without issue have  between they if this count shall be hardly construe against the party it shall  be intend that her husband have issue by another wife though not by her in  which case the feme be but to have the three part likewise but that shall not  be so intend because it be matter of reply to be show of the other side and so  it be of all other rule of plead these be sufficient not only for the exact  expound of these other rule but obiter to show how this rule which we handle  be put by when it meet with any other rule as for act of pa r liament Virdicts  judgement c which be not word of party in they this rule have no place at all  neither in devise and will upon several reason but more especial it be to be  note that in evidence it have no place which yet seem to have some affinity  with plead special when demurrer be join upon the evidence and therefore if  land be give by will by h c to his son I c and the heir male of his body beget  the remainder to f c and the heir male of his body beget the remainder to the  heir male of the body of the devi see the remainder to his daughter S c and  the heir of her body with a clause of perpetuity and the question come upon  the point of forfeiture in a assize take by default and evidence be give and  demurrer upon evidence and in the evidence give to maintain the entry of the  daughter upon a forfeiture it be not set forth not aver that the devisor have  no other issue male yet the evidence be good enough and it shall be so intend  and the reason hereof can be because a jury may take knowledge of matter not  within the evidence and the court contrariwise can take knowledge of any  matter not within the plead for it be clear that if the evidence have be  altogether remote and not prove the issue there although the jury may find it  yet a demurrer may well be take upon the evidence but if I take the reason of  difference to be between plead which be but open of the case and evidence  which be the proof of a issue for plead be but to open the verity of the  matter in fact indifferent on both part have no scope and conclusion to direct  the construction and intendment of they and therefore must be certain but in  evidence and proof the issue which be the state of the question and conclusion  shall incline and apply all the proof as tend to that conclusion another  reason be that plead must be certain because the adverse party may know  whereto to answer or else he be at a mischief which mischief be remedy by  demurrer but in evidence if it be short impertinent or incertain the adverse  party be at no mischief because it be to be think that the jury will pass  against he yet nevertheless the jury be not compellable to supply the defect  of evidence out of their own knowledge though it be in their liberty so to do  therefore the law allow a demurrer upon evidence also