·

King reserveth to himself such fees, advowsons and dowers, albeit that among other persons it hath been observed otherwise."

It is also a branch of this rule, that though in the case of a subject's grant, many incidental matters are presumptively admitted, (as if a feoffment of land were made by a lord to his villein, this operated as a manumission (a)); still in the case of a Crown grant it shall not enure to any other intent than that specified in the grant: so that if the thing granted cannot pass without implying something not granted, it shall be void rather than operate to two intents not noticed in the grant (b). As if the King grant land to an alien, it operates nothing; for such grant shall not also enure to make him a denizen, so that he may be capable of taking by grant (c). Nor shall a grant of lands to a felon amount to an implied pardon (d). But if the King grant a messuage and all lands spectantes aut cum eo dimissas, lands enjoyed with it for a convenient time pass (e).

But the rule that grants shall be construed most favorably for the King, is subject to many limitations and exceptions.

In the first place, no strained or extravagant construction is to be made in favor of the King. If the intention be obvious, royal grants are to receive a fair and liberal interpretation accordingly (f). And, though the general words of a grant may be qualified by the recital (g); yet if the intent of the Crown be

(a) Lit. s. 206.

(b) 5 Leon. 243. 17 Vin. Ab. 142. Prerog. G. c. 2 Bla. Com. 347. 1 Bla.

R. 118. The King's grant shall not enure (to his special prejudice) to two intents, viz. to a demise of the land, and also to a suspension of his condition by which he may defeat the estate for life, and other estates, as it should be in the case of a common person; or to a demise in respect of his present estate per auter vie, and also to a confirmation of his condition by which otherwise he might defeat all, as it should be in the case of a common person; for the grant of the King shall be taken according to his express intention comprehended in his grant; and shall

not extend to any other thing by con-
struction or implication, which does not
appear by his grant; and therefore in
such cases the King ought to be truly
informed, and he ought to make spe-
cial and particular grant, which by ex-
press words may enure to all such seve-
ral intents as are desired. 7 Rep. 14, a.
So where the King has two rights in
him, he cannot exclude himself of both
without special words. Ibid. 14, b.
(c) Finch, L. 110. Bro. Ab. tit. Pa-
tents, 62. 5 Rep. 56.
(d) Ibid. 1 Bla. Rep. 118.
(e) Ante, 392, note (c).
(S) 2 Inst. 496, 7,

18.

(g) 4 Taunt. 593. 2 M. and Selw.

plainly

plainly expressed in the granting part, it shall enure accordingly, and shall not be restrained by the recital (a).

In the second place, the construction and leaning shall be in favor of the subject, if the grant shew that it was not made at the solicitation of the grantee, but ex speciali gratiâ, certá scientia, et mero motu regis (b). Though these words do not of themselves protect the grantee against false recitals, &c. (c).

In the third place, if the King's grants are upon a valuable consideration, they shall be construed strictly for the patentee for the honor of the King (d).

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, it shall receive that interpretation which will give it effect (e); "for that will be more for the benefit of the subject and the honor of the King, which ought to be more regarded than his profit (ƒ).” As if there be a grant to discharge one from the collection of tithes granted per clerum Angliæ, he shall be discharged if the grant be per clerum provinciæ Cantuariensis (g); for it is not usual to have a grant by both provinces toge ther (h).

In considering the cases in which a royal grant may be ineffectual on account of mistakes, deceit, &c. it may be proper to divide the subject into the following branches: 1. Uncertainties. 2. Misrecitals; and herein of false suggestions and deceit.

1. A decided uncertainty will avoid a grant from the Crown, not only as against the patentee, but also as against the King, because it raises a presumption of deceit (i). As if the King grant a piece of land, parcel of a waste, &c. without designating what piece (k); or grant land or a rent, in which there may be various interests (7), without limiting or specifying any particular

cular estate in the gift; and in this case the patentee takes no interest whatever (a). So in the case of a grant of debts which have accrued to the Crown, to the amount of a certain sum, within a limited period,' without saying what debts (b); of a grant of the custody of all the King's houses, not saying which (c); of a grant of bona felonum, not stating in what manor or county (d); and of a grant that T. S. shall not be sheriff without saying "of what county" or " of any county in England (e)." And in granting tolls, the amount intended to be granted must not be left a matter of doubt and uncertainty (f).

But the rule id certum est quod certum reddi potest obtains, even in the case of the Crown; and therefore if the grant refer, or has relation, to that which is certain, though it be not matter of record but mere matter of fact or in pais, it is sufficient (g). As if the King grant to a city all the liberties, which London has (h): or grant a manor habend to the grantee and his heirs adeo plenè et integrè, as it came into the hands of the King by the attainder of T. S.;' oras is contained in such letters patent (i);' or with such privileges and franchises as the Dean and Chapter of Saint Paul's, &c. formerly enjoyed therein (k); or as belonged to the manor when purchased (). And though, as before observed, advowsons, &c. do not pass under a grant of a manor cum pertinentiis (m) ; yet advowsons appendant, &c. may pass without express words if there be any words of relation (n). Many other instances of this rule are to be met with in the old books (0).

thereto, which the law limits without any limitation made by the grantor, of such thing the grant of the King cannot be doubtful or uncertain, nor can the King be deceived, nor can he err; for error est in bivio, and no error can be where there is only one way to be taken. Dav. Rep. 45, a.

(a) Ibid. Rol. Ab. 845. Dav. 35, 45.

1 Bla. R. 118.

(b) 12 Rep. 86.

(c) Jones, R. 293.

(d) Com. Dig. Grant, G. 6.

(e) Y. B. 2 R. 3. 7. Bro. Ab. Patents, pl. 92. But a grant of the stew

ardship of several matters by name,
without mentioning in what county, is
good. 9 Co. 42, 47. a. 4 Mod. 279.
(ƒ) Ante, 195.

(g) Com. Dig. Grant, G. 5. Vin. Ab. Prerog. R. c.

(h) Y. B. 20. H. 7. 7. b.
() 10 Co. R. 63.

(k) Cro. El. 512, 13.

(1) 2 Rol. Ab. 184. l. 54.

(m) Ante, 392, 3.

(n) 10 Co. 64. Plowd. 251. Com. Dig. Grant, G. 5.

(0) Com. Dig. Grant, G. 5.

Where

Where a particular certainty precedes, it shall not be destroyed by an uncertainty or a mistake coming after (a).

2. With respect to mis-recitals and false suggestions or deceit, these also will, in certain cases, invalidate a grant from the Crown (b).

And here it may be noticed, that to prevent deceits, it is in general necessary that a grant by the Crown of any reversion should recite the particular previous term estate or interest, still in esse, and which is of record (c). And even if the King (by matter of record, as is necessary), lease land to B., and afterwards grant him a new lease, without reciting the first, the last charter is void, without regard to the effect it may have on the first (d). But the grant of a copyhold need not recite that it is a copyhold (e). And if the King lease strictly at will, a second lease at will to another need not recite the first (f). So if he lease part of a manor, and afterwards lease the manor to another, it seems the first grant need not be recited (g). So in the case of a second grant of a mere charge or trust, without fee or profit (h). And the recital, when necessary, need not specifically designate the previous charter, or mention its date, but may notice it by general expressions; nor is a mistake in the recital of the date of the first grant fatal (i). And if the King grant land, which is in lease of record, without recital of the first grant, but with these words "notwithstanding that it be in lease for life or years, of record or otherwise," or other equivalent expression, this is a good grant, and will pass the reversion; for many inconveniences might arise, if the necessity of reciting previous interests could in no shape be obviated (). And, on the same ground, if land be in lease of record, and the King, without reciting the lease, grant the land, and further grant the reversion thereof, expectant on any estate for life or for years,' this is good (1).

(a) Cro. El. 34, 48. Yelv. 42. 3 Leon. 162, 148. 2 Godb. 423. 10 Co. 112.

(b) 2 Bla. Com. 348.

(c) 17 Vin.Ab. 108, Prerog. Q. b. 2. Com. Dig. Grant, G. 10.

(d) Cro. El. 231.

(e) 2 Sid. 139.

(f) Bro. Patent, 2.
(g) 1 And. 46.

(h) Bro. Ab. Patent, 2.

(i) 17 Vin. Ab. 110, Prerog. R. b.

(k) 4 Co.35, b.

(4) Ibid.

The

The general rule appears to be that the grant need not recite the King's title (a): and it seems that if after reciting certain facts a charter draw as a conclusion that the King has a certain estate, which is neither correct in law or fact, this false conclusion, not being any part of the consideration of the grant, and not having arisen from the misinformation or fault of the grantee, but being the surmise and mistake of the King, shall not avoid the charter (b). So if the King mistakenly surmise in his grant that he holds by escheat, whereas the lands are his inheritance; or grant in consideration of supposed services (c); or call the grantee a knight, he not being one (d); such grants are good notwithstanding these mistakes. But it seems that royal grants are always void where the King evidently mistakes his title in a material point to the prejudice of his tenure or profit (e).

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 in point of law deceived (f). As if the patent recite a grant of a reversion which was void, and the grant be to commence after it (g): if it recite an inquisition of his presentation; and he then confirm it; where the presentation was repealed (h): or if the King lease for twenty-one years after a former lease to A. determines; which was before surrendered (i). So if the King grant a greater or different estate than he could effectually transfer (k).. And if the false recital, &c. arise from the suggestion of the party applying for the grant, such grant will be void. As if the grant be founded on a false suggestion, that the land be of less value than it is (); or that the King had it by escheat when he had not (m). And if any thing men

(a) 1 Co. 45, b. 51, a. Mo. 318, 20. (b) 6 Co. 55, a.

(c) Plowd. 455. (d) Ld. Raym. 292. Skinner, 651. (e) 5 Bac. Ab. 603. Prerog. F. 2. (f) 2 Co. 54. 1 Co. 43, a. Dyer, 352, a. 11 Co. 90. 2 Rol. Ab. 188. 1. 12.

(g) 11 Co. 4, b. 2 Rol. Ab. 188. 1. 52.

(h) 2 Rol. Ab. 188. l. 45.

(i) 3 Leon. 5, 6.

(k) See the Instances, Com. Dig.

Grant, G. 8. 2 Bla. Com. 348.

(1) 2 Rol. Ab. 188. l. 15. Yelv. 18. See Lord Hardwicke's observation on Lord Baltimore's information to the Crown, that certain lands in the plantations were uncultivated and possessed by barbarians, previous to his obtaining a charter, whereby the King might be involved in disputes, the land being possessed by Dutchmen and Swedes, &c. 1 Ves. sen. 451.

(m) 2 Rol. Ab. 188. 1. 20.