cccxxxvii harris and wing case in the case between Harris and wing the first  point be that the lease make by queen mary be void because a former lease of  record be not recite in the letter patent of it the reason wherefore such  recital ought to be be not as have be allege by cook because daughter of the  Sun solium king subsistu the whole of the laws veritas and then when there be  a former lease in be the king make a lease in possession the same can stand  together so as there be not the whole of the laws veritas but the very reason  thereof be so high that he can take c but by matter of record and if that be  mistake it make all void and therefore in petition of right and to point out  de law if the king be not inform of all the title all be void and therefore in  the case between sir moil finch and Throgmorton which now depend in the  exchequer which be this the queen make a lease for year render rend with a  proviso that if the rend he behind that the estate shall cease the rend be  behind the king grant the same over to sir though h it be first move if the  same lease shall cease without office and it be hold by Popham and many other  grave and learned man upon a conference that the say lease shall cease without  office for the contract which be upon record be determine and cease by which  the estate which be create by the say contract shall also cease without office  but yet the lessee continue in possession notwithstanding that and take the  profit but thereof after office find he render recompense to the queen and it  be hold there upon the say conference that the queen in her grant to sir t h  of the say estate which be now cease ought to recite that lease for the tenant  be in possession and can not be punish for his occupation before office so in  the case of the vicarage of Yatton Elizabeth dyer the presentment be devolve  to the queen by lapse the ordinary collate a and afterward the Leonard queen  present b who bring a quare hinder depend which a prove another presentment of  the queen without mention or recital of the first presentment and the same be  hold void for in that the first presentment be not recite nor the pleasure of  the queen to revoke it and therefore it be in disceit of the queen so the case  Elizabeth dyer a abbot lease for year the lessee make a lease for year the  reversion come to the king the year expire the second lessee surrender to the  king she intention that the king will regrant the same to he Leonard er p for  year remain the king recite the indenture and surrender ex certan knowledge  grant for year it be hold by the court that the grant be void because the king  be misenformed c it have be object that here needs no recital for that the  lease to be recite be end eastern instant that the new lease begin say to  separate are temporaz other be to make other to achieve the first lease be end  when the new be perfect and the great seal put to it the second reason  wherefore the lease shall be void be because otherwise the grant of the queen  shall enure to two intent to make a lease to accept a surrender and how can  the queen accept a surrender of a estate of which she have not notice for she  be not inform of it by any record without which she can take notice of any  thing see e Baggotts assize the king grant a office to a alien the same shall  not enure to make he a denizen for then it shall enure to two intent c the  word of the grant of queen mary be in all respects tenement our men and if by  that a reversion shall pass be the question certain in word varying state  thought to take be then here in our case by this patent be other land which  shall pass and the reversion be our men but in property not possession  wherefore here our men shall be restrain to that which be in possession where  there be general word in grant of the king they ought to be serve but if they  can be serve they shall be take in a common and general sense but the word  shall not be stretch but if they can be serve then they shall not be void but  the king shall be rather prejudice and always the grant of the king either may  be serve or take to a common intent h who permission domini king take hold  debet strict contra owner king when to be able to come to know two way as if  two be joint indebt to the king and the king pardon to one of they in all  respects debt is owed the same shall not extend to joint debt but to those  debt of which he be only debtor e the king grant to a subject the fine and  amercement man of oneself all which hold of he by homage may be say man swine  and also his villain be man swine but because the general word may be serve  the say grant shall be take to extend to his villain only so in our case the  general word may be serve with land in possession and shall not extend to  Leonard land in reversion at another day the case be argue by Popham attorney  general and be conceive that by the lease make mark both the former lease as  well that which be make by Henry the eight as that which be make in reversion  by the bishop of have and well be go lessee form term of year to begin at a  day to come accept a new lease in possession which be to continue until the  future interest shall commence the future interest be go and in Barkings case  Elizabeth it be hold by dyer and brown that where lessee for two year accept a  new lease to begin two year after this new interest of a term determine the  present interest for as the lessor can contract with a stranger for the  interest of a term which be to have continuance during a former term by the  same reason when the first termor will accept a interest of a term from his  lessor to begin at any time during his former estate this new interest  determine the first so if one have a interest of a term to begin at a day to  come and he before the beginning of that interest accept a lease for life his  first interest be go the word of the patent be all her interest land and  tenement in the parish of saint cuthbert in well and parcel of the possession  of the late priory of r and if these general word will carry land in reversion  where other land in possession pass c be the question general word shall have  a special understanding if the special construction may agree with the proper  signification and sense of the general word as the case h before cite and yet  in the case of a common person all manner of debt be release thereby for that  it shall be take strong against the party also be conceive that the land in  reversion shall pass as well as the land in possession and he say all former  lease of record need not to be recite c but such lease only which be make by  the king for subject may have lease of record as by fine deed enrol c but such  lease need not to be recite for such lease may determine without matter of  record as surrender reentry c and then to compel the king or the party to  search for such lease which may be so determine by any act in pais shall be as  absurd as to compel he to search by what mean and for what matter in pais such  lease be determine and he conceive that this lease need not to be recite which  be Leonard er p make by king Henry the that for after the say lease make the  king grant the reversion to the bishop of have and well and his successor and  during the time that the say land be to the bishop it may be that the lease be  determine by matter in suit in pais by surrender forfeiture c and then  notwithstanding that the king obtain the reversion after and will make a new  lease if he shall be drive to recite the former lease whereas perhaps it be  determine by a act in pais it shall be very inconvenient also here if any  recital shall be in the case how may the party interest know such former lease  but by Leonard search and how long ought the party search for his search ought  to have a end non excrescer in infinitum time and in our case the most equal  time for search be the beginning of the last title of the king and no further  that be from the present time till the time of the title of the in begin and  in this case the title of the king do begin from his repurchase from the  bishop and if the law be such then here nothing be to be recite for no lease  be mean between the repurchase and the new lease for no lease make before the  repurchase need to be recite for admit that king Henry the d have make a lease  of a manor for year and afterward grant the reversion to a abbot and afterward  the manor by suppression come again to the king and he will grant a new lease  of the same such lease shall be good without any recital of the lease make by  king Henry the d for such lease may have be determine in the hand of the abbot  by surrender or other matter in fact so king Edward the d make a gift in tail  and afterward grant the reversion to another the grantee seize the tenant in  tail one who be heir to the grantee be attaint of treason the grantee die by  which the land come again to the king who make a new patent of the same  without recital of the gift in tail and the patent hold good for the cause  aforesaid and in some case there needs no recital of lease as if the king make  a lease for year render rend to his receivor and for default of payment that  his estate shall cease now if at the day the lessee tender the rend and the  receivor will not accept of it and afterward it be find by office that the  rend be not pay by which the lease shall be void yet he may traverse the  office and afterward the king grant this rend to a stranger there he needs not  to recite the lease for it appear by the office that the same be void and yet  in truth the lease be in be c and so lease of record in be in some case needs  not to be recite so if the king lease for year to I S and be assign his  interest over and afterward surrender the same to the king now if the king  will make a new grant of it he need not recite that lease for the surrender of  it appear of record and the assignment of it be but matter in fait which can  be know by any search so on the other side void lease which be not in be shall  be cite until it appear as in the case of Throgmorton cite before by Egerton  and in such case where the queen grant the same to sir t h the grant ought to  be in possession and not in reversion because then void for the king have not  a reversion also this lease ought not to be recite for the second patent be  grant to the first lessee and so by acceptance of this new lease the first  lease be determine and now we be to see if the thing in the former grant be  necessary to be recite the estate in the land and the tenant not necessary the  reservation condition covenant and the date the reason Leonard wherefore the  estate ought to be recite be to this purpose that the king may know and be  inform how far the land be encumber with other estate c but that reason be of  no effect in our case when the second patent be make to the first lessee for  by the acceptance of the new estate the first interest be go wherefore of that  there needs no recital the second reason wherefore such former lease ought to  be recite be to the intent that the new patentee may not have colour or  countenance by reason of his patent to do wrong to the first patentee who have  the present possession by disturb of he by entry or suit for all the truth of  the matter appear in his own letter patent and the true estate of the tenant  in possession but that reason have not any force in our case for the second  estate be make to he who have the former estate the reason wherefore the  present tenant ought to be mention in the second letter patent be so as the  queen may be ascertain what manner of person he be who be the present  possessor for it may be he be such to who the queen have give such estate upon  special favour for his good service and in recompense thereof and that she  will not Leonard er p disgrace the party so much as to give his farm to  another over his head which may be much to the discomfort and prejudice of he  in possession which the queen peradventure will not do if she have full  intelligence of it but rather advantage he with it and not let it to any other  person but in our case here there be not any such matter of mischief but it be  good to consider what tenant ought to be specify in the recital assure the  most sure way be the patentee himself to who the lease be original make  although he be dead or have assign his interest over for it may be dangerous  to rely upon the tenant who have the possession for it may be that another  have the interest although he have the possession and then the recital be  false wherefore it be best to say by way of recital cum dimisim c and as to  the land the same also ought to be recite by the same name in such form and by  the same word as it be grant before in the former grant and yet if the name be  misrecited in the former grant it ought not to be so in the second as if the  king grant the manor of LittleCourt by the name of the manor of Littcote or  the manor of Wellington by the name of the manor of Welton the same be good by  the statute but if a new grant be to be make of the same in which the first  grant be to be recite now the former misrecital shall not be put in ure but  the very name but in this special manner that be where the king have demise  the manor of Littlecote by the name of the manor of Littcote c so where a  manor be know by two name and the queen leas the same by one of the say name  and afterward grant the same by the other name the recital ought to be that  whereas the queen en have demise the manor of d by the name of the manor of S  c and as to the recital of the estate the habendum in the first patent ought  Leonard to be recite and all that which precede the reddendum for in that the  estate be full contain but here in our case such recital be not necessary for  it be impertinent to make recital of the same which be determine eastern  instant that the new patent be make and that by reason of a matter precedent  although that all be do eoden earnestness and as to a instant the same be not  to be consider in law as it be in logic as a point of time and no parcel of  time but in our law thing which be to be do in a instant have in consideration  of law a priority of time in they as lessee for life make a lease for year  they both surrender to he in the reversion the same surrender which be make in  a instant shall in law be understand to have degree the surrender of lessee  for year to the tenant for life and then the surrender of tenant for life so  in our case the determination of the first lease shall be first I e the tenant  take the seigntoresse to wife have issue the wife die the husband shall not be  tenant by the courtesy for although the signiory be in he at the time of the  marriage yet by priority in law it cease so as no seize of the signiory be  during the coverture so in our case eastern instant that this new patent be  make the first estate be determine yet in construction of law the surrender  shall be say precedent and then the say estate needs not to be recite for if  there have be a express surrender in fact there have not be any doubt that  recital be not necessary ergo neither in the case of a surrender in law as to  that which have be object that the grant of the queen can enure to two intent  sure to make a surrender and also to make a new lease the same rule be true  where both intent enure and work against the king but whereas the one intent  serve and work for the benefit of the king it be otherwise as in our case this  surrender be for the benefit of the king therefore it shall be take c as h the  king grant land to another durante pleasure and afterward the same patentee  purchase a new estate from the king here needs not any recital of the former  for the second estate be make to the first patentee and the first estate be  determine b V the acceptance of the second Elizabeth the case of the earl of  Arrundel be this the Lord John grey be lessee for year of a house call  Hullrake of the lease of the queen afterward take a grant from the queen of  the custody of the same message with a fee for it and that be without recital  of the former lease and the grant hold good and yet it do enure to two tenant  to a surrender of the lease and a grant of the custody but both the intent be  not against the queen for the surrender be for her benefit as to the lease  make Elizabeth it be utter void for misreciting of the date of the former  lease make mark for the very date of the say lease be the that of may and in  the recital it be the of may for although the date be not necessary Leonard er  p to be recite yet here as this Leonard case be the same ought to be true  recite for the surrender of the say estate which passes by it be the  consideration of the new grant then if the same be false the patent be void  for it be make by reason of that for there be a more ample lease recite than  in truth it be by ten day and so the consideration sure the surrender not so  beneficial as the queen expect also this new patent do contain in it self a  grant of such land as be demise former by letter patent date of may sure in  all respects to send forward in form predict surrender and nothing be demise  in form predict sure by patent bear such date eigo nothing pass by the late  patent for the patent of Elizabeth be in consideration of a surrender of a  lease make and bear date of may whereas no such lease be and then no surrender  and then no consideration also here the consideration be false for the lessee  who be suppose to have surrender his lease before the same surrender assign  parcel of his term to one Hagget and afterward purchase a new lease in  consideration of the surrender of the former and of his full interest in it  whereas he have not the whole interest and so this false consideration destroy  the whole grant for in all case where the consideration be real and savour of  the land or extend to such a real thing if it be false it destroy the patent  but where the consideration be personal as in consideration of money pay or  for service do although it be false yet the patent may be good so here  forasmuch as the consideration be real in respect of this surrender and be  false as appear before the patent be void and as to this point there be not  any difference between consideration and suggestion for if it be real and  false the patent be void contrary where personal but in some case where the  letter patent be ex certan scienta c such falsity in the reality shall not  hurt which see Elizabeth dyer so the case between Manxel and Turvil where  lessee for year his lease be expire suppose that he have twenty year of his  lease not enter in consideration of such interest take a patent de to make new  the same be void so Owen case Terril be lessee for year of the parsonage of p  in the county of Somerset of the grant of the king for certain year in  consideration of his say interest obtain a grant of the queen of land in Wales  whereas in truth he have before assign his interest in the say parsonage to  another and it be adjudge that the say grant of land in Wales be void for the  consideration be void and so the consideration be real be false and in some  case a consideration personal if it be false shall destroy the patent if it be  future and executory as if the king grant land to I S she intention that be  shall pay to I d now if he do not pay it the patent be void and the estate  give by it void also it have be object by Godfrey that by this surrender the  patent be cancel and so the parcel of the term Leonard which be assign to  Hagget be defeat and avoid forasmuch as the original letter patent out of  which the estate of Hagget be derive be cancel and so there be a good  surrender and then the consideration be true especial forasmuch as Hagget be  assignee but of parcel of the term can have a constat by the statute of e as  to that I conceive that the assignee of part of the interest may have a  constat by that statute notwithstanding the surrender of the letter patent and  the cancel of they and for that matter the difference be if the roll remain a  constat may be although that the patent be cancel see brook patent h if a  vacat be enter upon the roll then no constat can be afterward and therefore in  Sydnies case the assignee can not have a constat because there be a vacat  enter upon the roll but a constat have before any vacatentred upon the roll  such a constat be good notwithstanding the vacat afterward and it do not  appear that any vacat be enter upon the roll so for any thing that appear  Hagget may have a constat and then his interest be save to he and then the  surrender be void and the consideration false and although there be other  consideration in the letter patent which be true and good yet that shall not  help the matter for if any part of the consideration be false the patent be  void in all and so it be hold in Manxells case cite before and so he pray  judgement for the plaintiff Egerton solicitor to the contrary where the word  ex certan knowledge be not put in letter patent they shall be intend to be  make at the suggestion of the patentee and so the grant shall be take  beneficial for the king and strict against the patentee but where such word be  put in the letter patent there the grant shall be take beneficial for the  Leonard er p subject these word ex not general agreeableness imply the bounty  of the king certan knowledge exclude all ignorance and mero movement show the  voluntary and liberal benevolence of the king without suit of the party and  where the word in such letter patent be general they shall be construe liberal  for the subject but with limit and bind that nothing pass in such case but  such thing which be apt signify by such special word as to pass two thing  where the meaning of the king be to pass but one and if the patent be conceive  utroq modus tam ex certan knowledge c as upon the suggestion of the party if  the suggestion be in any part false the whole patent be void for the  suggestion extenuate the force of the other word law public be siquid  falsehood prayer obbenturn acquirent non to weep over and to that purpose he  cite the case Elizabeth dyer before cite and be conceive that the lease make  by queen mary be utter void because the first lease of record be not recite if  the same shall be good the queen shall accept a surrender where she know not  of it and so the patent shall enure to diverse intent this lease be make by  general word that be of all the Leonard land in the parish of saint cuthberts  for these general word may be well satisfy with the land which the king have  in possession and therefore they shall not extend to the land which be now in  question of which the queen at the time of the grant have but a reversion and  first I conceive that general word without any restraint or limitation will  pass nothing as if the king pardon all demand or grant in all respects land  tenement svan but general word qualify with a restraint where the limitation  be effectual as if the king grant in all respects land tenement svan in d  which he have by the attainder of I S or which be the possession of such  dissolve monastery such grant be good and where the case be that queen mary  have the land in possession of the annual value of and other land there in  reversion of the annual value of and then she grant in all respects land  tenement our men render per annum I conceive that upon these word the land in  possession only passes because that the say general word may be apt serve and  satisfy with the land in possession if no other land pass and agree that the  word our men extend as well to the land in reversion as to land in possession  but most proper to land in possession for land in reversion can form  simpliciter our men but in modus tanquam land see revertor  and not to take  the natural profit of it for the termor have such proper that be shall have a  action of trespass quare enclosed space to break in pieces but the intent and  meaning of the queen be to be regard and that be the sure way to have right  intelligence of the grant of the king for here the queen have reserve but rend  which be the proper and ancient rend of the land in possession and if land in  reversion shall also pass the rend of which be per annum then upon the whole  grant but be reserve the queen shall lose per annum of her ancient rend which  shall be contrary to the intent and meaning of the queen and the intent of the  grantor even in the case of a subject shall direct the construction of grant  as h Br grant by babington a man grant common in his whole land he shall not  have common in his orchard garden or meadow for such be the meaning of the  grantor a strong in the case of the king it have be argue that the former  lease ought not to be recite because that after the first lease make by king  Henry the that the inheritance have be in a subject that be the bishop of have  and well but the same be not so for if the king make a lease for year and  afterward grant the reversion upon condition which after be break and so find  by office by which the reversion be reduce to the king if now the king will  make a new lease he ought to recite the former estate notwithstanding the mean  grant of the reversion or else such second lease be void another matter have  be object wherefore the former lease ought not to be recite Leonard and that  be because it be determine by surrender in law before that the new lease take  effect sir the same be not so for the former lease be in be as the case  betwixt fulmerston and steward I mark blow Com upon the statute of monastery h  see the word of the statute whereof and wherein any estate or interest for  year at the time of the make of any such lease have his be or continuance and  a abbot make such a lease to one who have a term for year of a former grant  although here be a surrender yet this case be within the say statute and the  say former lease shall be say to have his be at the time of the make of the  late lease and the surrender shall not be say so to precede the make of the  Leonard er p lease but that the former lease shall be say in be at the time of  the make of the late lease and in our case it shall not be take for any  surrender for then the queen shall lose of her ancient rend and revenue and  always when the title of the king and of the subject concur the title of the  king shall be prefer as e the king lord mesne and tenant the tenant pay his  rend at the day to the mesne before noon and then the same day before the  night the mesne die his heir within age the king shall be pay the rend again  for here the title of the king and the subject concur together at one time and  in that the king shall be prefer and so he pray judgement for the defendant  and afterward at another day the justice declare their options and by Wray  chief justice we all agree that the first lease ought to be recite and the  reason which have be urge against that point have reduce we to be of that  opinion sure that the second lease be make to the first patentee and the king  do not make the recital but the party ought to inform the king of all former  estate of the say land and that be may well do for he be well know of they and  although that the reversion after the first lease make have be convey to a  subject the same be not material here forasmuch as the second estate be make  to he who have the first estate and may know whether the first estate be  determine or not also by the repurchase the king be in position quo prius  gawdy justice although that the former term be drown by the take of the second  lease yet it be in be at the time of the take of it as it be holder by Bromley  in the case of fulmerston and steward and it be determine by the second lease  and yet it be in be at the time of the make of it Fenner justice to the same  intent Clench justice if the grant of the queen shall enure to two intent then  the queen shall lose per annum of her ancient revenue it be agree by all the  justice that the general word in as much as they be restrain to a certainty  will pass the thing si the other make real pair contrary if they have remain  in the general and afterward judgement be give quod to express grief nothing  to take in hand per billam more Rep ante