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If he recite land to be concealed, when it was not; where it appears that he intends a grant of the land, though not concealed. Sal. 561. 'If he grant the manor of B. quod manerium fuit seisitum in manus nostras, &c. though it was not so. R. 10 Co. 113. a.
Or, the office of parker of B. quod H. habuit ; for it was added for the more certainty. 10 Co. 113. a. · Or, the manor of D. quod fuit in tenura de B., when it was not. Ibid.
Or, a manor and advowson, adeo plene as we by any means had it cuidam archiepiscopo dudum spectan.; where the archbishop had the manor, but not the advowson. R. 2 Mo. 1.
Or, if he grant lands, all which are of such a value; though the value be misrecited, if there be a non obstante of the misrecital of the value. R. Hard. 232.
(G 6.) What shall be void :- If it be uncertain. But generally, the king's grant will be void for uncertainty; as if the king grant such a toll as was taken at B. aut alibi in Anglia ; it will be void, though toll was taken at B. 2 Rol. 196. 1. 30.
Or, all amerciaments before his justices, without saying, what justices, of B. R, in eyre, or justices of peace, &c. Co. Ent. 384.
Or, a grant to A. to be exempt from the office of sheriff, without saying, of what county. Ibid.
Or, to have catalla felon., without saying, in what manor, or county. Ibid.
To have the custody of all his houses, without saying, what in particular. R. Jon. 293, 294.
(G 7.) If too general. So, words too general are not sufficient in the king's grant: as, if bona felon., &c. which lie in grant, and not in prescription, are reunited to the crown, or extinguished, and afterwards the king grants the manor cum tot tal. libertat. privileg., &c. qual. A. nuper abbas habuit, who claimed the same privileges by charter; the grantee shall not have bona felon. by such general words. R. 2 Rol. 193. I. 40. Jon. 349. Vide Franchises, (G 1.)
So, general words in the king's grant never extend to a grant of things, which belong to the king by virtue of his prerogative; for such ought to be expressly mentioned. 2 Rol. 195. E. "If the king has land by extent for a debt, and grants the land to A. that does not pass the debt, without special words. R. 3 Lev. 135.
If he grant such a waste, that does not pass royal mines there. 1 Co. 46. b. · Or, if he grant all mines, gold or silver mines do not pass, not being expressly mentioned. i Co. 46. b.
If he grant, all the demesnes of the manor of D., copyholds, though they are part of the manor, do not pass. R. 1 Co. 46. b.
'If the king seised of the rectory of D. which was appropriated to an abbey, grant the advowson of the church of D., the rectory does not
ing has Tally mentioning by virtant ner
pass, nor the advowson as an advowson in gross; for by the appropriation that was extinguished. R. 2 Lev. 80. (G 8.) If the king be deceived:- By misinformation of his
interest. So, if the king be deceived in his grant, it will be void. 9H.6.28.b. 1 Co. 44. a.
As, if the king grant a greater estate than he could lawfully do: as, if the king, seised for life, or for years, grant in fee; it will be void for the whole, for the king was deceived. 1 Co. 41. a. Mo. 321. R. 3 Lev. 135.
So, if the king, seised in tail, grant in fee. Or, seised in tail, remainder to himself in fee, grant in tail; for his intent was to make an estate-tail in possession, which he could not. R. per seven J. two cont. 1 Co. 49, 50. Alt. Woods.
So, if he grant for life, and afterwards the reversion in fee, it will be void for the whole. i Co. 50. b.
So, a licence to a tenant to alien generally, if he had only an estatetail, will be void. 21 Ass. 15. 40 Ass. 36.
So, if the king grant manerium de R. et M. in com. L. where they are several manors. R. 1 Co. 46.
Or, manerium de R. cum M. 1 Co. 46.b.
If he grant a fair, market, &c. on the same day on which there was an antient fair, &c. 1 Co. 49. a.
If he grant a rectory cum decimis, &c. prout abbas; the advowson does not pass, for the king intended a grant of a lay-fee. 2 Rol. 189. 1. 15.
Or, a manor with the franchises, &c. which A. had; when the liberties were resumed from A. 2 Rol. 185. 1. 10.
Or, lands in N. and all courts leet, &c. præmissis spectan.; where the leet belongs to the hundred. R. Mo. 427.
(G9.) By false suggestion. So, if the king's grant be founded upon a false suggestion, it will be void; as, if land be recited to be only 101. per ann. when it was 201. 9 H. 6. 28. b. 2 Rol. 188. I. 15. Yel. 48.
Or, that the king had it by escheat, when he had not. 2 Rol. 188. 1. 20.
So, if any thing mentioned as the consideration of the grant, or which sounds for the benefit of the king, (be it executed or executory, matter of record, or in pais,) be false; the king is deceived, and the grant will be void. R. 5 Co. 94.a. 2 Rol. 188. 1. 25. 199. I. 30. 50. Lane, 75. 109.
As, if the king grant, in consideration of the surrender of a prior interest or estate; when the surrender was only in appearance. Dy. 352.
Or, the whole was not surrendered. Dy. 352. R. 5 Co. 94. a. Dub. 2 Rol. 189. 1. 35. R. ibidem, 1. 25.45.
If he grant, in consideration of a grant or surrender by an husband and wife; for the wife could not surrender, R. Hob. 223. 2 Rol. 199. l. 45.
In consideration of a surrender; when part was leased to another. 2 Rol. 188. 1. 25. Per three Bar. Lane, 75. 109.
In consideration of an ancient rent of 5l. 16s. 8d. when the rent was 6l., but 3s. 4d. allowed for payment at the exchequer; for the rent here is the consideration. R. Yel. 43. 48.
In consideration of a surrender, when the surrender was conditional. 2 Rol. 199. I. 52.
In consideration of the surrender of a lease; and the lease was void. R. 5 Co. 94. a.
So, if the king grant a rectory, if it is not in lease, or if it be, after the term, when part was in lease: it will be void : for it was intended that all should pass at the same time. R. Yel. 43. 48. 2 Cro. 34, 35.
So, if the recital of a thing in a patent which sounds to the king's benefit be false, the grant will be void, for the king is deceived. 2 Co. 54. i Co. 43. a. Dy. 352. a. 11 Co. 90. 2 Rol. 188. 1. 12.
As, if it recite a grant of a reversion which was void, and the grant to commence after it. R. 11 Co. 4. b. 2 Rol. 188. 1. 32.
If it recite an institution of his presentation; and he then confirms it; where the presentation was repealed. 2 Rol. 188. 1. 45.
If the king lease for 21 years after a former lease to A. determines; which was before surrendered. R. 3 Leo. 5, 6.
If he grant a manor adeo plene as such an abbot had it; the advowson appendant in the hands of the abbot, which was then in gross in the hands of the king, does not pass. 2 Mod. 2.
But a recital which is true in terms is sufficient: as, if the king recite that the estate was upon condition; though the condition be broken, it does not hurt: for he does not say that the condition continues, and the breach is only matter in pais. R. 2 Co. 54. b.
So, a false recital of a matter in pais executed does not hurt: as, if the king recite, that his estate is fraudulent prout nobis satis liquet. R. 2 Co. 54.
So a false recital of a thing, which need not be recited, does not hurt. Vide ante, (G 4.)
So, the recital of a consideration which is false does not hurt: as, if the good service by A. in war; where none was done. Semb. Bro. Patent, 1.
(G 10.) When a recital is necessary. If the king grant a reversion upon an estate for life, or years, he ought to make a recital of the particular estate, otherwise it will be void. R. 1 Co. 44. a. 50. R. 4 Co. 35. b. 8 Co. 56. Sav. 58, 59. Or, a reversion expectant upon an estate-tail. Mo. 206.
Though a subsequent lease recites both the former leases, the lease not reciting the former will be void. Sav. 58, 59.
So, if he grant a presentation to B. after a presentation of A. without mentioning of it; the first shall not be revoked, but the second presentation is void. Dy. 339. b. 2 Rol. 188. 1. 40. R. cont. 190. 1. 30. Vide Esglise, (H 10.) .
So, if the king grant an office for life, and afterwards grant the same office post mortem, &c. to another, he ought to recite the first grant, though it is not properly a reversion. R. 2 Rol. 190. 1. 20. & Co. 57. a. So, if the king lease to A. and afterwards make a new lease to him,
without without mentioning the first; it will be void, though it operates as a surrender of the former lease. R. 2 Rol. 190. 1. 25.
But if the king make a lease at will, and afterwards grant the same .land to another, he need not mention the lease at will.
Or, a grant, which imports a charge or trust, without fee or profit. Bro. Patent, 2.
So, if a reversion, depending upon an estate for life, or years, come to the king: in the grant of it he need not mention the lease, because it is not upon record. Bro. Patent, 93. Per Moor acc. : sed And. cont. Mo. 206. Acc. Dy. 233. a. 6 Co. 56. a. 2 Rol. 199. 1. 10. 2 Brownl. 241. Hard. 499.
So, if the king lease a copyhold, and afterwards grant the same land to another. 2 Rol. 196. 1. 50.
Or, lease part of a manor, and afterwards lease the manor to another, without recital of the former lease. R. 1 And. 46.
So, where the recital of a lease is necessary, it is sufficient if he grant the land in lease for life, or years, or the reversion expectant upon such lease, without express mention of the patent, or date. Bro. Patent, 96. 2 Rol. 190. 1. 40. 191. 1. 1.
So, if the date be mistaken. Bro. Patent, 96. 2 Rol. 190. l. 45.
So, though the patent does not recite the lease, but concludes, 'notwithstanding it be in lease for life, or years of record, or otherwise.' 2 Rol. 190. 1. 50. R. 4 Co. 35. b. · So, if there be a grant of a reversion expectant upon a lease for life, or years. R. 4 Co. 35. b. 2 Rol. 191. 1. 5.
So, if an estate comes to the king, subject to a lease for life, and also for years, and the king reciting the lease for life demises the lands after the death of the life, or when they shall come to the king's hands. Dub. For it does not appear, whether the king intended to demise the reversion or the possession. Hard. 499.
(G 11.) The king's grant does not enure to a double intent.
So, the king's grant cannot enure to a double intent, but he shall be intended to be deceived: as, if he grant tenere placita coram his bailiffs, steward, or justice: if there are not such officers before the grant, it does not enure to make such officers, and likewise to give conusance or pleas to them. 2 Rol. 196. 1. 42.
So, if he grant to a spiritual corporation a church in perpetuum, it shall not enure to a grant of the church, and likewise to make an appropriation. 2 Rol. 196. 1. 45.
If he grant a copyhold for life, it does not enure to a grant and destruction of the copyhold. 2 Rol. 196. 1. 50.
If he lease for years, a lease afterwards to the same lessee for more years, will be void. Lane, 22.
If the king be deceived in his grant, it will be void, though made ex certá scientiâ, &c. R. 1 Co. 49. Alt. Woods, for that does not help a falsity. Per Manwa, Sav, 5. Vide post, (G 12.)
(G 12.) How the king's grant shall be expounded. If the king's grant can enure to two intents, it shall be taken to
the intent that makes most for the king's benefit. 21 Ed. 4. 48. b. 2 R. 3. 4. Co. Ent. 384. a. Vide ante, (E. 9, &c.)
. And therefore it shall be construed strictly, as, if the king grant a manor purchased by him, with all franchises belonging, &c. the franchises in the hands of the feoffor do not pass : for by the purchase of the king they are re-annexed to the crown. 2 Rol. 184. I. 50. 193. 1. 30.
If he grant a manor with all lands, &c. accepted or reputed as parcel; nothing passes which is not parcel in truth and of right. R.
passes on with all
2 Rol 186.
And it must have been parcel time out of mind, &c. 2 Rol. 186. 1. 30.
If the king grant all the issues, fines, and amerciaments of his own tenants, the grantee shall not have the amerciaments of him, who holds of the grantee and another. 2 Rol. 193. 1. ult.
If he grant a discharge from all customs, it shall not be extended to magna et nova custuma, though there has been an usage for discharge from them. 2 Rol. 194. 1. 10.
If he grant a forfeiture for a trespass, or other offence for which a man shall lose life or member, it does not extend to a forfeiture upon an outlawry, or præmunire. 2 Rol. 194. 1. 35. 42.
If he grant bona et catalla sua, it does not pass specialties. 2 Rol. 195. 1. 10.
If he grant bona et catalla felonum de hominibus suis, it does not extend to goods of his homagers without special usage. 2 Rol. 195. 1. 10.
If he grant services, and that the grantee shall be as free as the king in his crown; that does not extend to the discharge of a corody, pension, fine for alienation, &c. 2 Rol. 195. 1. 40. 45.
But the king's grant shall have a reasonable construction; as, if the king grant the office, of the king's tennis plays; he shall have the office, when those of the household play, as well as the king in person. R. 8 Co. 45. b.
A commission to take singing boys out of the cathedrals for the king's chapel shall be construed of those who get a livelihood there by singing, not of the son of a gentleman who is instructed there. R. 8 Co. 46. a.
If queen Elizabeth had granted a manor, with all woods, &c. modo vel antehac reputat. parcell.; a wood parcel at the time of Ed. 6. passes, though not if it was of a longer time, unless unquam antehac was added. R. Dy. 362. a. Co. Ent. 384. a. 2 Rol. 186. 1. 15.
If she had granted totam rectoriam suam in the singular number, though there were originally two rectories, and they were appropriated severally in the time of Ed. 3. it will be good, being reputed as one from the time of Ed. 3. R. 2 Rol. 186. 1. 50. • If the king grant the rectory of M. in the county of N. with all lands, tithes, &c. eædem rectoriæ spectan.; tithes, &c. in the county of York belonging to it, pass. Semb. Sav. 55.
So, where the king's grant is capable of two constructions, by the one of which it will be valid, and by the other void, construction shall be made to make it valid; for that will be no more for the benefit of