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. Sd. 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 advowson; and 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 ecclesiæ 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... Lee v. Fishery of the Banne. Davies, 55. The question was, whether the advowson passed by this grant. Ellis, Just. said, the general words adeo plene, as the King had it by any ways or means whatsoever, were sufficient to pass it: and judgement was given accordingly. 34. Where general words do not refer to any certainty, they will not, in grants by the Crown, pass any thing. 35. In the river Banne, in Ulster, where the stream is navigable, there is a rich fishery of salmon, which was parcel of the ancient inheritance of the Crown. In the first year of King James I., Sir Randall Macdonnell obtained a grant to him and his heirs, by letters patent, of the territory of Rout, which is adjoining to the river Banne, in that part where the fishery is by these the King granted to him, omnia castra, messuagia, tofta, molendina, terras, prata, pascua, piscarias, piscationes, acquas, aquarum cursus, &c.. ac omnia alia hæreditamenta in vel infra dictum territorium de Rout, exceptis et ex hac concessione nobis hæredibus et successoribus nostris reservatis, tribus partibus piscationis fluminis de Banne. of It was resolved by the Judges of Ireland, that no part of the fishery passed by these letters patent; that no part of this royal fishery could pass by the grant of the land adjoining, by the general grant all fisheries; for this royal fishery was not appurtenant to the land, but was a fishery in gross, and parcel of the inheritance of the Crown by itself; and general words in the King's grants shall not pass such special royalty, which belongs to the Crown by prerogative; for mines royal, amerciaments royal, or escheats Plowd. 333. royal, should not pass by general words, of all mines, amerciaments, and escheats. It was also agreed, that where the King granted to Sir R. M. all the territories adjoining to the river, and all fisheries within the territory, exceptis tribus partibus piscaria de Banne; the fourth part of the fishery should not pass to him, for the King's grant should pass nothing by implication.. 36. If the King grants the manor of D. with the appurtenances, and all other lands, pastures, woods, et hæreditamenta ante hac cognita, usitata, accepta, vel reputata, ut membrum vel parcella manerii prædicti ; a wood which was not parcel of the manor truly, and in right, that is, in facto et jure, shall not pass though it be averred that the said wood, adhunc antea fuit reputat' et parcel' manerii prædicti; without saying that it had been reputed parcel, time out of mind. And if it had been averred that the wood was reputed parcel of the manor, time out of mind, &c., though in the case of a common person, proofs of such issue might be by vulgar and diffused repu tation of people of the same vill, or of other manors or vills adjoining, &c., or of the body of the county; yet in the case of the King, in such issues, as to the word reputation, the evidence or proof should not be by such vulgar and diffused reputation of the people; but the proofs ought to be by some matter of record or writing, as by the express valuation of it, between the prince and his subject, in the particulars of the purchase; or in the surveys and books of accounts of the auditors and receivers, bailiffs, and such officers and ministers, always entered and answered in the rolls and books, as parcel of the manor; otherwise it was not any proof of reputation in the case of the King. 186. 37. Whenever the King is misinformed in the Where the King is denature of his estate, so that his intent cannot take ceived. Case of Alton Curle's Case, 11 Rep. 4. Mead v. 2 Roll. Ab. Green's Mason v. Cro. Ja. 34. effect; or where in a grant there is such a misrecital, non-recital, false surmise, or false consideration, as to show that the King was deceived, the grant will be void. 38. King Henry VIII. being tenant in tail of the manor of Abbottesley, with the reversion to him, his heirs and successors, gave, by his letters patent, the said manor to Walter Walshe, and to the heirs male of his body. The question was, whether this gift was good or not: and it was held that it was void; because the King having only an estate tail himself, could grant only for his own life, for he could not grant a greater estate than he had; so that being ignorant of the estate he was entitled to, he was deceived in granting it. 39. If the King grants an office for life, and after grants it in reversion to B., which is void, and afterwards reciting the grant to B. as a good grant, he grants it to commence after the grant to B.; the King is deceived in this last grant, and therefore it is void. 40. If the King recites, that where by letters patent the office of Marshal of the Court of King's Bench was granted to J. S. for life; and that the said J. S. had surrendered it; and that in consideration of this surrender, the King granted the office to J. D. for life. If the office was not in fact granted to J. S., or if he did not surrender it, the grant to J. D. will be void, because there was no such considerations as were recited. 41. Queen Elizabeth having right to present to a living as patroness, by letters patent, granted the presentation ratione lapsus; it was held void, because she was deceived as to her title. 42. It is laid down by Popham, that if the Crown should let the manor of D., quod quidem manerium is of the annual value of 4l., where it is not let for such a rent, and the rent or value is misrecited, yet the lease would be good, because there was a certainty before; and the addition of quod quidem, &c. was not material. But if the Crown let the manor of D. of the annual rent of 47., which was intended to be of such a value, and was let at a greater rent, or appeared upon record to be of a greater value, it would be void: because in the first case the Crown intended to pass the manor; and the addition of the quod quidem, &c. was but to add another certainty: but when it was in one sentence, that it was of such a value, and that in tali parte the intent of the Crown appeared not to grant a thing above such a value, it was otherwise. F. 2. 43. In Bacon's Abridgement the following excep- Exceptions. tions are laid down to the above cases: "First, that Tit. Prerog. in the construction of letters patent, every false recital in a part material will not vitiate the grant, if the King's intent sufficiently appears." 44. Thus where the King made a grant to a person Rex. v. Epis. Chester, Ld. Raym. 292. Show. Parl. as a knight, who in fact was not a knight, though the grant was held void, for this reason, by the Court of King's Bench, yet the judgement was reversed by the Ca. 212. House of Peers. 45. "Secondly, that if the King is not deceived by the false suggestions of the party, but only mistaken by his own surmises, this will not vitiate his grant.' 46. King Charles II. granted the office of searcher Rex v. Kempé, at Plymouth to John Martin, durante bene placito; Ld. Raym. afterwards by other letters patent, reciting the grant to Martin, he granted this office to Fryer for life, to commence after the death, surrender, or forfeiture of Martin. Fryer afterwards surrendered his letters |