Of Lands acquired by Escheat or to, or otherwise vested in his Majesty, his heirs or successors, as aforesaid, to any person or persons, for any estate or estates, or for any intents or purposes, as any of his Majesty's subjects might grant, sell, or give the like manors, &c.; and all persons seised of any manors, &c., or any estate therein, in trust for his Majesty, his heirs or successors, shall convey, surrender, assign, or otherwise assure the same, in such manner as his Majesty, his heirs or successors, under his or their royal sign manual, to be attested as aforesaid, shall direct. 24. By the statute 47 Geo. III. c. 24., reciting the preceding statute, and that doubts existed, whether the powers therein given extended to lands which had or might come to his Majesty, his heirs or successors, in right of his duchy of Lancaster, or by reason that the same had been purchased by or for the use of or in trust for any alien or aliens; and whether the same extended to enable his Majesty to grant any rents, or arrears of rent, accrued in respect of any manors, &c. before any grant thereof under the said act, it is enacted, "That in all cases in which his Majesty, his heirs or successors, hath or shall, in right of his Crown, or of his duchy of Lancaster, become entitled to any freehold or copyhold manors, &c., either by escheat for want of heirs, or by reason of any forfeiture, or by reason that thesame had been purchased by or for the use of, or in trust for any alien or aliens, it shall be lawful for his; Majesty, his heirs and successors, by warrant under his or their sign manual, or under the seal of the. duchy of Lancaster, according to the nature of the, title to such manors, &c., to direct the execution of any trusts or purposes to which the same may have been directed to be applied; and to make grants of 1 such manors, &c., or of any rents or profits then due and in arrear to his Majesty, in respect thereof respectively, to any trustee or trustees, or otherwise for the execution of any such trusts or purposes; or to any person or persons, for the purpose of restoring the same to any of the family of the person or persons whose estates the same had been; or of carrying into effect any intended grant, conveyance, or devise of any such person or persons, in relation thereto; or of rewarding any person or persons making discovery of any such escheat, or of his Majesty's right and title thereto, as to his Majesty, his heirs or successors respectively, shall seem fit." Grants are 25. The King's grants are construed in a very How King's different manner from conveyances made between construed. private persons; for, being matter of record, they ought to contain the utmost truth and certainty. And as they chiefly proceed from the bounty of the Crown, they have at all times been construed most favourably for the King, and against the grantee, Plowd. 243. contrary to the manner in which all other assurances are construed. 26. Thus, if the King grants lands, or a rent issuing out of them, to A. B., without any limitation of estate, the grantee will only take an estate at will, on account of the uncertainty; whereas, in the case of a grant by a subject, an estate for life would have Tit. 32. c. 19. passed. $ 14. 27. King Henry VIII. granted lands to Lord 1 Rep. 43 b. Lovel, to have and to hold to him and to his heirs male; and it was adjudged void: for the King could not grant such estate of inheritance in fee simple, to make the males to be inheritable, and exclude the $ 21. females. But in the case of a private person, such a Tit. 32. c. 21. grant would have passed an estate in fee simple. E VOL. V. Case of Mines. Plowd. 336. 28. The King's grant shall not be taken to a double intent. Thus, if the King grants lands, and the 1 Rep. 466. mines therein contained, it will only pass common mines, and not mines of gold or silver; for the common intent of the grant is satisfied by the passing of mines of coal, lead, &c. 52 a. What passes by General Words. 29. By the statute Prerogativa Regis, 17 Edw. II. c. 15. it is declared, that when the King gives or grants lands or manors, with the appurtenances, un10 Rep. 64 a. less he makes express mention in the deed of knights' Idem. Whistler's fees, advowsons of churches, and dowers, when they fall, then the King reserves to himself such fees, &c. ; although among other persons it had been observed otherwise. 30. It has been held, that this act is restrained to the three cases of advowsons, knights' fees, and dower; for a court-leet will pass without express words. So of a forest appendant to a manor; and the words of the act being quando dominus rex dat vel concedit, in cases of restitution, advowsons, &c. will pass without any express any express mention of them. 31. When the grant of the King in general terms refers to a certainty, it is the same as if the certainty had been expressed in the grant, though such cer tainty be not of record, but lie in averment by matter in pais, or in fact. 32. Queen Elizabeth, being seised in fee jure corona of the manor of Whitchurch, to which an advowson was appendant, granted the manor, with the appurtenances, for 21 years, excepting the advowson; and afterwards, reciting the said demise and exception, she made another grant to the same grantee, for another term of years, with the like exception. King James I., in consideration of services, ex certa scientia, &c., granted the manor, cum suis juribus, &c. to G. H., exceptis quæ in eisdem litteris patentibus excipiuntur; and mentions the lease in reversion, and the like exception therein; but then follows this clause-Et ulterius de uberiori gratia nostra, et ex certa scientia, &c., damus omnia et singula tenementa prædicto manerio quoque modo spect. &c., et uberius damus, &c. to the said G. H. and his heirs, the said manor, ac cætera omnia et singula præmissa, cum eorum pertinentiis adeo plene, &c. as the same came to him, and they were in his hands. It was resolved, 1st. That the advowson passed, because it was clearly referred to in the grant. 2d. That if the words adeo plene et integre had been omitted, then it would not have passed by the first clause; but by the addition of the last clause, all the parts of the patent taking effect at one and the same time, the advowson should pass as appendant. 3d. Though the first clause of the grant referred to the demise in which the advowson was excepted, yet by the middle clause all tenements, &c. pertaining to the said manor were granted; and the last clause granted the manor, with the appurtenances, &c. adeo plene, &c. 33. The manor of Laburn, to which an advowson Rex v. Episc. Rochester, was appendant, came to King Hen. VIII. by the 2 Mod. 1. dissolution of the monasteries, who granted the manor ; to the Archbishop of Canterbury, excepting the adand afterwards the archbishop re-granted the same to the King, together with the advowson ; and then the King granted the manor of Laburn, et advocationem ecclesia de Laburn, dicto archiepiscopo dudum spect., and which was re-granted to the said King by the said archbishop, and formerly belonging to the abbot of Grey Church, &c., adeo plene as the said archbishop or abbot had it, or as it was in our hands, by any ways or means howsoever. Case of Mines. Plowd. 336. 28. The King's grant shall not be taken to a double intent. Thus, if the King grants lands, and the 1 Rep. 466. mines therein contained, it will only pass common mines, and not mines of gold or silver; for the common intent of the grant is satisfied by the passing of mines of coal, lead, &c. 52 a. What passes by General Words. 29. By the statute Prerogativa Regis, 17 Edw. II. c. 15. it is declared, that when the King gives or grants lands or manors, with the appurtenances, un 10 Rep. 64 a. less he makes express mention in the deed of knights' Idem. Whistler's 10 Rep. 63. fees, advowsons of churches, and dowers, when they fall, then the King reserves to himself such fees, &c. ; although among other persons it had been observed otherwise. 30. It has been held, that this act is restrained to the three cases of advowsons, knights' fees, and dower; for a court-leet will pass without express words. So of a forest appendant to a manor; and the words of the act being quando dominus rex dat vel concedit, in cases of restitution, advowsons, &c. will pass without any express mention of them. 31. When the grant of the King in general terms refers to a certainty, it is the same as if the certainty had been expressed in the grant, though such cer tainty be not of record, but lie in averment by matter in pais, or in fact. 32. Queen Elizabeth, being seised in fee jure corona of the manor of Whitchurch, to which an advowson was appendant, granted the manor, with the appurtenances, for 21 years, excepting the advowson; and afterwards, reciting the said demise and exception, she made another grant to the same grantee, for another term of years, with the like exception. King James I., in consideration of services, ex certa scientia, &c., granted the manor, cum |