A Philological Commentary, Philological commentary · Part G
G.
GAVELKIND.
GAvelkind, is a Custom annexed▪ with Lands in Kent, by which all the Brethren shall inherit together, as Sisters at the CommonVersteganus de …nt. Law. It is called Gavelkind, either of give all kin, that is, to all the kindred in one line, according as it is used among the Germanes, fromLamberts perambul, of Kent Verstegan. whom we Englishmen, and chiefly of Kent come, or of give all …ind, that is, to all the Male-children, for …ind in Dutch signifieth a Male-child. But now by the Star…te 31 H. 8 A great part of Kent is …e desceadible to the Eldest Sonne according to the course of the Common Law, because by that Custom, d…vers antient and great Families after a few descents come to very little orCook on Lit. nothing.
In …ties riv…s deducitur amnis.
… minor, ac…unda deficiente perit.
After that William Duke of Normandie had invaded and conquered all England, Kent only…amd. Brit. and Lamb. perambul. of Kent. excepted, atlast also the Kenti…h men yeilded, but upon condition that they might enjoy their antient customes of Gavelkind, which was granted unto them, and since hath continued.
In Gavelkind, though the Father be hanged,D. and Student. …. 10. the Sonne shall inherit, for their Custom is, The Father to the bough, and the Son to the plow.
The Wise shall have the moi…y of the Lands of her Husband, so long as she lives unmarried, andCook on Lit. l. 2. c. 10. sect. 105. of Lands in Gavelkind, a man shall be Tenant by the courtesie, without having of any issue.
If a man make a gift intail of Lands in Gavelkind, to a man and his Heirs, Males of his bodyCook … Rep. Shelleys Case. lawfully begotten, and hath issue Sonnes, in this case all the Sonnes shall inherit, but if a Lea…e for life be made of Lands in Gavel-kind, the remainder to the right Heirs of I. S. and I. S. die having issue 4 Sons, in this case the eldest Sonne only shall have the remainder, he only can be a right Heir in case of purchase.
GENERAL
Generall, If one speak grosly, it shall be understoodCook 9 Rep. Gregs case. secundum excellentiam, as of the Feast of …ichael, it shall be understood of the Arch-Angel, as the more worthy and notorious.
GRAND SERIEANTY.
Grand Serjeanty, is where a man holdeth of theSo called because it is the most honourable and worthy service that a Tenant may d…. King certain Lands, by the service of carrying of his Banner or Launce, or to lead his Host, or to be his Carver, or Butler at his Coronation.
The Demockes hold a Mannour of Scrivel, by service of Grand Serjeanty, viz. That whensoever any King of England is to be crowned, then the Lord of this Mannour, for the time being, or some one in his Name (if himself be unable) shall come well armed for the Warre, mounted upon aCamd. in Lincolnshire. good horse of service, in the presence of the Soveraigne Lord the King upon his Coronation day, and cause proclamation to be made, that if any man will avouch that the said Soveraign Lord the King, hath not right to his Kingdom and Crown, he will be prest and ready to defend the right of the King of his Kingdom, of his Crown and dignity, with his body against him and all others whatsoever.
GRANGE.
Grange, in legall Latin Grangea is a House or Edifice not only where Corn is stored up like as in Barnes, but necessary places for Husbandry also, as Stables for Hay and Horses, and Styes for other Cattle, and by the grant of a Grange, which is often in Conveyances, will pass such places as aforesaid.
GRANT.
Grant. It is a maxim in Law that every mansQuaelibet concessio fortissimè contra donatorem interpretanda est. Grant shall be taken by construction of Law most forcible against himself, which is so to be understood, that no wrong be thereby done, for it is another maxim in Law, quód legis constructio non facit injuriam. And therefore if a Tenant for life maketh a lease generally, this shall be taken by construction of Law, an estate for his own lite that made the Lease, for if it should be a Lease forCook on Lit. lib. 3. c. 3. sect. 283. the life of the Lessee, it should be a wrong to him in the reversion. So if Tenant in tail make a Lease generally, the Law shall suppose this to be such a Lease as he may lawfully make, and that is for term of his own life, for if it should be for life of the Lessee, it should be a discontinuance, and consequently the state which should pass by construction of Law should make a wrong.
Where the grant is impossible to take effect, accordingId. ib. to the Letter, there the Law shall make such a construction, as the gift by possibility may take effect. Ben…g…è faciendae sunt interpretationes chartarum propter simplicitatem Laicorum, ut res magis valeat quam pereat, that the thing mayCook 6 Re. rather be strengthened then void, for if Writs be not formally made, they shall abate, which is no greater prejudice, then the purchasing of a new Writ, but if the Grant be void, the patty hath no remedy.
If two Tenants in common be, and they grant a Rent of 20 …. per annum out of their Land, the Grantee shall have two Rents of 20 Shillings, because every mans grant shall be taken most strongly against himself, and therefore they be severall grants in Law. But if they two make a gift in tail, or Lease for life, reserving 20 s.Cook on Lit. l. 3. …. 0. sect. 314. Rent to them and their Heirs, they shall have but one twenty Shillings, for they shall have no more then themselves reserved, and the Donee or Lessee shall pay but 20 s. according to their own express reservation.
If a man have five horses …in his Stable, and hePerk of Grants. give to me one of his Horses in his Stable, now I shall take which Horse I will.
If a man grant an annuity out of certain Land, and he hath no Land at the time of the grant, yet the grant shall charge his person.
The Law saith that benefits from the Crown are strictae, nay strictissimae interpretationis, because in such grants so much is taken away from the publick (which is chiefly to be tendered) as is imparted to the private.
If a man hath Mines hidden within his ground,Cook 6 Rep. Sanders Case. and lets …is ground and all the Mines with it, the Lessee may dig for them, for quando aliquis aliquid concedit, con…edere videtur & id sine quo res ipsa esse Cook on Lit. l. 1. c. 1. sect. 1.non p…test.
The Queen is an exempt person from the King by the Common Law, and is of ability and capacity to purchase and grant without the King.
If a man grant certain Land to one cum communia Fitz. Nat. brev. tit. Common L. 180. B.in omnibus terris suis, and express not any certain place, he shall have common in all his Lands, which he had at the time of the grant.
A man grants all his Trees and wood upon B. acre, that may reasonably be spared, this is a void1 Mar. Dy. 91. grant, unless it be referred to a third persons judgment, what may be spared.
If the King grant to me that I shall not be Sheriff without shewing of what County, this is voidCook 9 Rep-Earl of Salops Case. Cook 4 Rep. Bozouns Case. for the uncertainty, quia concessi… per regem oportet fieri de certitudine, but if the grant was quòd non erit vicecomes alicujus comitatus, there such a grant is good, when the words of a grant are not sufficient ex vi termini to pass the thing granted, but the grant is utterly void, there a non obstante connot make the grant good.
The Lord Chancellour of England, the Justices of the Kings Bench or Common Pleas, and Barons of the Exchequer, cannot grant their Offices over to other persons, nor occupy them by Deputy. If an annuity be granted toPerkins tit. Grants. me pro consilio in posterum impendendo, I cannot grant this, unless it be granted to me and my Assigns.
A Parson may grant to another the moity of his Tythes for years, whether it be Lamb, Wool or Corn, and yet he hath no possession of them, because38 Ed. 3. 6. they are not yet in esse. But yet he hath an interest in them, and may grant the moity of them, as well as one may grant to another that it shall be lawfull for him to take every year a Deer or a Hare, or a Cony within his soil, this is a good grant.