of money paid and laid out in lands; and said there did not remain any money to be invested in land, all the money having been fully and properly applied, pursuant to the directions of the act; and submitted that he was not compellable to make any compensation for such trust monies. Upon hearing counsel, and it being admitted that the said sum of 7,2071. was received by the said Sir T. Biddulph for rents and profits of the estates in question, of which he was tenant for life, and which ought to have been applied in keeping down the interest of the incumbrances affecting the said estates; and it being admitted, that all the expences of the act, and all the expences anterior to the money being laid out in land, had been paid; it was ordered and decreed, that the defendant, Sir T. Biddulph, should pay the sum of 7,207 l. into the Bank, in the name of the accountant-general, in trust, in the cause, to be laid out in the purchase of lands agreeable to the act of parliament. THE SECTION 1. second kind of assurance by matter of Nature of. record, is a grant from the King to a subject ; for it is a rule of the common law, that the King can Bro. Ab. Tit. only give by matter of record: therefore the King's Prerog. pl. grants are contained in charters, or letters patent under the great seal, enrolled; and usually directed or addressed by the King to all his subjects. 71. 2. Lord Coke says, where the King's grants con- 2 Inst. 78. cluded with the words hiis testibus, they were called chartæ, or charters; and where they concluded with the words teste me ipso, they were called letters patent, being so named in the clause-In cujus rei testimonium has literas nostras fieri fecimus patentes. 3. The King's letters patent under the great seal of England need no delivery, nor his grants under the great seal of the Duchy of Lancaster, for they are sufficiently authenticated and completed by the annexing of the respective seals to them. 4. By the statute 13 Eliz. c. 6. it is enacted, that an exemplification of the enrolment of any letters patent, granted from the 4th February, 27 Hen. VIII, Page's Case, 5 Rep. 52. 2 Comm.346. Grants of or thereafter to be granted, shall be of as good force, to be shown and pleaded in behoof of the patentees, their heirs and assigns, and every other person having any estates from them, as if the letters patent themselves were produced. 5. There are a variety of offices, communicating in a regular subordination, one with another, through which all the King's grants must pass, and be transscribed and enrolled; that the same may be narrowly inspected by his officers, who will inform him if any thing contained therein is improper, or unlawful to be granted. 6. It will only be necessary here to treat of those grants by which the Crown gives something that falls within the description of real property, such as franchises, offices, and lands. 7. It has been stated in a former Title, that all Tit. 27.6 83. franchises in the hands of private persons are derived from grants by the Crown: but that ancient grants Of Offices. Tit. 25. . of franchises are not sufficient without an allowance of them before justices in eyre. 8. The Crown may still grant fairs, markets, parks, warrens, &c.; though no grants of parks, warrens, and free chase, have been made for some centuries. 9. There are a variety of offices held immediately under the Crown, which can only be granted by letters patent. And it has been stated, that each of these offices must be granted with all its ancient rights and privileges, and every thing incident to it. 10. It is somewhat doubtful whether our Kings were formerly enabled to alien the Crown lands; for although the Conqueror and his sons granted away great estates to their subjects, yet these were forfeitures. In process of time, however, our Kings certainly exercised the right of granting the Crown pre lands at their pleasure. But the exercise of this rogative having greatly impoverished the Crown, it has been restrained by several modern laws. 11. By the statute 1 Anne, stat. 1. c. 7. § 5. it is enacted, "That all and every grant, lease, or other assurance which, from and after the 25th March 1702, shall be made or granted by her Majesty, her heirs or successors, Kings or Queens of this realm, under the great seal of England, Exchequer seal, seals of the duchy and county palatine of Lancaster, or any of them, or by copy of court-roll, or otherwise howsoever, of any manors, messuages, lands, tenements, rents, tithes, woods, or other hereditaments, (advowsons of churches and vicarages only excepted) within the kingdom of England, dominion of Wales, or town of Berwick-upon-Tweed, or any of them, or any part thereof, then belonging or thereafter to belong to her Majesty, her heirs or successors, or to any other person or persons in trust for her Majesty, her heirs or successors, in possession, reversion, remainder, use, or expectancy, whether the same were or should be in right of the Crown of England, or as part of the principality of Wales, or of the duchy or county palatine of Lancaster, or otherwise howsoever, to any person or persons, body politic or corporate whatsoever, whereby any estate or interest whatsoever, in law or equity, shall or may pass from her Majesty, her heirs or successors, shall be utterly void and of none effect; unless such grant, lease, or assurance be made for some term or estate not exceeding 31 years, or three lives, or for some term of years determinable upon one, two, or three lives; andunless such grant, lease, or assurance respectively be made to commence from the date or making thereof; and if such grant, lease, or assurance be made to take effect in reversion or expectancy, that then the same, together with the estate or estates in possession, of and in the premises therein contained, do not exceed three lives or the term of 31 years in the whole; and unless such grant, &c. be so made that the tenant be liable to punishment for waste; and unless there be reserved upon every such grant, lease, or assurance respectively, the ancient or most usual rent, or more, or such rent as had been reserved, yielded and paid for such of the said manors, messuages, lands, tenements, rents, tithes, or other hereditaments as shall be therein contained, for the greater part of 20 years before the making thereof; and where no such rent shall have been reserved or payable, that then upon every such grant, lease, or assurance there be reserved a reasonable rent, not being under the third part of the clear yearly value of such of the said manors, messuages, lands, tenements, tithes, or other hereditaments as shall be contained in such lease or grant; and unless such respective rents be made payable to her Majesty, her heirs or successors, who shall make such lease or grant, and to her or their heirs or successors, during the whole term or time of the continuance thereof respectively." 12. By the sixth section of this statute it is provided, that where the greater part of the yearly value of any tenements shall consist of the buildings thereon, which may want to be repaired or re-edified, the Crown may demise such tenements for 50 years or three lives, to commence from the date of the lease; or if in reversion, then the same, with the estate in possession, not to exceed 50 years or three |