coke a whistler case hill James queen Elizabeth be seize in fee jure coron of  the manor of W to which a advowson be appendant demise the manor with the  appurtenance for year except the advowson and afterward recite the say demise  and exception make another demise in reversion to the same grantee for another  term of year with the like exception king James in consideration of service ex  certan knowledge c grant the manor cum nest law c to g h To take out queen in  the same letter to stand open take out and mention the lease in reversion and  the like exception therein then follow this clause et beyond de uberiori  agreeableness our men ex certan knowledge c fallow in all respects et one  property predicta manor likewise modus to look on c et in greater abundance  fallow c to the say g h and his heir the say manor ac ctera in all respects et  one prmissa cum earun appurtenance to such a degree plene c as the same come  to he and they be in his hand resolve the advowson pass by the grant of king  James when the king charter in general term refer to a certainty it contain as  express mention S if the certainty have be express in the same charter  although the certainty to which the reference be be not of record but lie in  averment by matter in pais or in fact if the word to such a degree plene et  integre have be omit then the advowson will not have pass by the first clause  but by the addition of the last clause all the part of the patent take effect  at one and the same time the advowson shall pass as appendant the exception To  take out queen in the same letter to stand open take out extend only to lease  recite and not to any exception out of the letter patent of the feesimple in a  quare hinder by John whistler gentleman plaintiff and John bishop of Oxford  and lsaac Singleton clerk defendant for the church of Whitechurch in the  county of Oxford the case on the special verdict be such queen a Elizabeth be  seize of the manor of Whitechurch to which the advowson of the church of  Whitechurch be appendant in her demesne as of fee as in right of her crown and  be so seize April year Elizabeth by her letter patent demise the say manor  with the appurtenance to William smith except advowson of church c for year  and afterward the queen die maii year royal power Himself recite the say  demise of the say manor to the say William smith with the exception of the  advowson make another demise in reversion to the say William smith of the say  manor with the appurtenance except the advowson and afterward queen Elizabeth  die and the king that now be in consideration of service ac ex certan  knowledge et mero movement grant to sir George howme knight a totan mock manor  sive dominium de Whitechurch in come our men oxon cum nest law member  pertinent whole world ac in all respects one house dificia c hreditamenta our  men qucunque predicto manor sive be made rule de Whitechurch sive some ind  parcel wherever modus spectan sive pertinent cuidem William smith per litter  patenes dict recently ring Eliz sub great seal his England pro boundary to  swim up b exceplts queen in the same litter to stand open take out mentionat  before dismiss ac postea per alias litter patenes and mention the lease in  reversion and in which be also the like clause To take out queen in the same  litter to stand open take out mentionat before coke b surrender ac of one  another de uberiori agreeableness our men specific ac ex certan knowledge mero  movement our men fallow to go away prfato Georgio howme military spirit  hredibus assign nest imperpetuum omniaetsingula messuagia c property predicto  manor sive rule de Whitechurch wherever modus spectan sive reach c fallow  beyond per prsentes pro we hredibus successor our men to go away prfat Georgio  howme military spirit hredibus assign nest imperpetuum predictum manor sive  dominium de a roll Rep b roll Rep roll Rep coke report a er p Whitechurch ac  ctera in all respects one prmissa superius per prsentes concession cum the  dawn reach universes to such a degree pleneetintegre et in tam opportunity  modus et form prout she omniaetsingula prmissa or aliquan ind parcella ad  manus our men c to come ac in shades of dead our men jam to step out and if  the advowson appendant to the say manor of Whitechurch shall pass by these  letter patent or not be the question and diverse objection be make at bar that  the advowson shall not pass because no express mention be make of the advowson  and it be enact by the statute de PrrogativA king cap c when dom king that  well to go away uticui manor well earth cum reach nisi to make in paper svan  well scribe to press out mention de fee soldier legal support an assembly of  the dowry cum to fall upon ad predict manor well earth reach tune haec a day  king reserve Himself eaden fee et advocate cum dowry although inter alias  personas non to be watch and in this case the king make no express mention of  the advowson the second reason be that when the king first grant the manor of  Whitechurch d cum reach without make mention of the advowson it be as much in  judgement of law as if the advowson have be except in express word and then  when by the latter clause the king grant prd manor cum reach ac ctera in all  respects one prmissa superius per prsentes concession cum the dawn reach whole  world e to such a degree plene integre c this word predict have reference to  the manor mention before which manor be grant without the advowson and  therefore this clause be restrain by this word predict and by these word ctera  in all respects et one prmissa superius per prsentes concession the advowson  shall not pass and yet peradventure as it be say if in one and the same clause  the king have grant totum manor nostrum de Whitechurch in come our men oxon to  such a degree plene et integre etin tam opportunity modoetforma prout idem  manor ad manus our men devenitetmodo in shades of dead our men step forth it  may pass it be object that the original grant be restrain by this word mock  manor and by these subsequent word coke a cuidan William smith per litter  patenes To take out queen in the same litter to stand open take out mentionat  for dismissaetconcessa in which demise to smith the advowson be express except  and so upon the matter by this reference the advowson be except out of this  grant the four objection be that these word To take out quo in the same litter  to stand open take out shall be a exception out of this grant of the king that  now be and then against the express exception the general word afterward shall  not pass it for construction ought to be make upon the whole letter patent  that one part may stand with the other to which it be answer and resolve by  the court that when the a king charter in general term refer to a certainty ib  contain as express mention as if the certainty have be express in the same  charter although the certainty to which the reference be be not of record but  lie in averment by matter in pais or in fact and first it be consider what the  law be in this case before the statute de Prrogativa king and it be agree that  before that statute if the king have grant a manor to which a advowson be  appendant without make mention of the advowson or without say b cum reach that  the advowson shall pass a and so be the book adjudge in c e a that where the  earl marshal be seize of the manor of a to which a advowson be appendant and  give the say manor to king Henry to he and his heir for which gift the king  grant to he and his heir mark per annum till he feoff he of so much land as  full and entire as he have the manor of a of his gift and afterward king Henry  give the say manor of a to which the advowson be appendant without say cum c  Stamf Prrog b   a r b e b blow a e c h a e a h b d more hob e hob more a   a b  roll TR b e b roll Perk sect   light a a Cr Elizabeth Doct and Stud a a Vid  Rep bedle v beard c Stam Prrog a Br patent Jones Fitzherbert grant Br Prrog  coke report b er p reach to the say earl marshal and his heir for the same  fifty mark and because the manor be more worth by c S render c S per a c and  although the charter of king Henry speak nothing de reach nor of his fee nor  of advowson yet it be adjudge that the advowson shall pass and Mowbray chief  justice say although king Henry have give the manor without say d cum reach at  which time the advowson pass by the king gift as by the gift of another common  person and at all time before the stat de Prrog king which statute be in the  time of the grandfather of the king that now be so that at all time before the  advowson pass by such gift wherefore judgement be give that by the say grant  of king Henry of the manor the advowson shall pass and so there it be hold  that before the say statute by the king grant of a manor the tenure by escuage  shall pass and all this be prove by the Act itself which Act have alter the  commonlaw for the word of it be tunc haec a day king reserve Himself ead fee  advocation church c and the book say so it be prove by the word haec a day how  the prerogative begin coke b and therewith agree e that by feoff of the manor  by the commonlaw without say cum a reach the advowson shall pass and although  the feoff be by word the advowson shall pass and therewith agree the book in e  b that before this statute the advowson shall pass vide e brief h a b e and it  be to be observe that the Act de prrog ring restrain but the say three case  know advowson knightservice and endowment of woman for a leet shall pass  without express mention or word equipollent as it be hold h so a forest  appendant to a honour shall pass as it be agree in b ass p the same law of a  corrody appendant to the patronage of a priory as appear in ass p et such de  like also the word of this Act be when dominus king that well to go away and  therefore in case of c restitution advowson and knight service shall pass  without express mention of they or word equivalent as in livery to heir in  restitution of the temporalties to the successor of a bishop and the like e b  ass Plo Com the Lord berkeleys case Elizabeth die d but there Thorp chief  justice say in the same plea that if a manor to which a e advowson be  appendant be in the king hand by escheat or by purchase if the king at this  day after the say Act de Prrog ring give the manor to a man as entire as such  a one hold it before it come to our hand by way of escheat or as such a one  hold it who feoff we that the advowson will pass without say in the charter  cum fee legal support and the reason be because the law intend that in such  case the king be inform of his right quod curian to go away by which it be to  be observe that although the reference in the king charter be to matter in  pais or in fact that if the truth be that the advowson be appendant that it  shall pass for in judgement of law it be equivalent to a express mention of  the advowson as the statute speak in the charter although the king grant the  manor only without say cum reach f as entire c yet the advowson shall pass and  therewith agree e a John Darcies case that if a man have a manor to which ail  advowson be appendant and franchise to have forfeiture and other franchise  within the manor and afterward the manor come to the king by forfeiture of war  and afterward the king give the manor to hold with the franchise which be  always regardant to the say manor as such a one hold he shall have the  franchise and there sir William Herle say that it shall be a new grant for the  franchise which lie in point of charter be come to the crown in which first it  be to be observe that coke a if a man have a manor in which manor the owner  thereof have franchise which lie in point of charter as forfeiture for treason  and other royal franchise d   light a a Cr Elizabeth a roll b Br incident Br  patent c Fitzherbert livery   light a Br livery Plowd a f n b n Br patent d  die pl   light a e hob more hob cro b die pl see e e b coke report b er p and  afterward the manor with the franchise come to the king hand and the king  grant the manor with the forfeiture of treason and other franchise which be  regardant or appertain to the say manor as such a one hold that all the  franchise shall pass and these word which be regardant or appertain to the say  manor shall be take in this sense which be lawful enjoy within the say manor  as entire as such a one have they and yet accord to the strict propriety of  the word such franchise can not be appertain to the manor but such  construction as will make the true intention of the king express in his  charter take effect be for the king honour and stand with the rule of law and  therefore this word appertain shall in such case in the king grant be take out  of the proper signification it be to be observe that in the same case such  franchise which lie in point of charter shall pass as by a new grant a strong  franchise appendant or appertain to a manor as advowson fair market warren c  which always continue in be and be never extinct in the crown shall pass it be  say in Plo Com in Fogassas case b if the king at this day grant over certain  land which have come to his hand before and further grant to the grantee tale  freedom privileg jurisdiction c that he have who be last seize of the land  where the king know not the certainty of the liberty and privilege yet the  grant be good enough and the patentee may inquire what liberty and privilege  the other have before and forasmuch as this uncertainty may be reduce to a  certainty by enquiry or circumstance the grant be good b vide the case de  Strata Marcelia in the that part of my report f b a Elizabeth dyer b hereafter  cite as to the second objection it be answer and resolve that it be true that  if the say clause of c to such a degree plene integre have be omit c that then  the advowson have not pass by the first clause but by the addition of the late  clause all the part of the letter patent take effect at one and the same time  the advowson shall pass as appendant and this word predict do not restrain the  pass of the advowson but describe what manor it be and then the addition of  these word to such a degree plene integre in tam opportunity modus form  express the king intention to pass it as entire as the manor come to his hand  or otherwise the say word to such a degree plene c will not take their right  and genuine effect and it be never see in any letter patent that the coke b  say word to such a degree plene et integre c come in the first clause of the  grant but be a new clause by itself and then in the last clause this word  predict be always add and so in truth be the case in Elizabeth dyer for it  appear by the letter patent d of queen Elizabeth mention in the say case that  the rectory of WestBodwin to which the advowson of the vicarage be appendant  come to the king by the attainder of e for felony and be conceal queen  Elizabeth grant totan that rectorian de W in come wilts cum nest law member  reach universes nor in all respects one messuagia c hreditamenta parcel  spectan sive pertinent dict guide beyond c to go away prd rectorian cum reach  ctera and prmissa cum pertinent to such a degree plene integre in tam  opportunity modus form quantitate character prout c the felon have it and as  it come to her hand and it be adjudge that the advowson shall pass without  express or special mention c b in Reniger v Fogassa this be so say but by  brook recorder of London and of counsel the rule accord to the recent case of  king v capper price attorneygeneral v the marquis of Downshire price be that  the crown be not bind by general word or word of reference and that in all  case of royal grant express word be necessary to confer or revive a franchise  Vid the case of the fishery of the Banne Davies a   b h a b Fitzherbert grant  Br patent e b h a Br estate blow b Br contract b winch light Rep roll Jones  postea b c hob d roll Jones winch light Rep Ant a c the manor of l to which a  advowson be appendant come to king h by the dissolution of the monastery who  grant the manor to the archbishop of c except the advowson afterward the  archbishop regranted the same to the king coke report a er p also the word be  ex certan knowledge mero movement and so the queen be not deceive which be a  judgement in the point consonant to the resolution in ancient time and agree  with common experience and opinion of learned man this be not worthy any  question and thereupon it be conclude that if the king have the manor of d a  in the county of Northumberland and some of the rend and service extend into  Cumberland and the king grant the manor of d in the county of Northumberland  in all respects one messuagia c To give back the condition of a slave  hreditamenta in speech county Northumberland seu alibi parcel predicti manor c  that the rend and service in the county of Cumberland shall pass for predict  be but a description of the manor and these word or alibi ought to have some  effect and therefore inasmuch as in such case all part of the charter take  effect at one time these word or alibi shall be in judgement of law annex to  the first clause and shall be of such effect as if the king have grant the  manor of d and all rend and service parcel of the say manor in the county of  Northumberland or alibi and that stand with the rule of good construction know  to make all the word of the letter patent accord to the true intention of the  king express in they take effect as to the three objection although the first  clause of the grant refer to the demise in which the advowson be except yet by  the middle clause all tenement c appertain to the manor be grant and the last  clause grant the manor coke a with the appurtenance c to such a degree plene  et integre so that the answer to the second objection satisfy this also as to  the four objection it be resolve without any difficulty that the exception  shall be extend only to lease recite and not to be any exception out of the  letter patent of the feesimple and accord judgement be give that the advowson  shall pass note a writ of error be bring on this judgement and the suit be  after ware determine by compromise note to former edition