coke a arthur legate case in subversion of pestilent patent of thievish  concealers mich James which begin pasch James rot in c b grant by letter  patent of two piece of land call n and W contain fifteen acre in Wimondham in  the county of n late in the tenure of c and former belong to the late  monastery of W qzue quidempr6emissa a we c concelataetdetenta to be the land  be parcel of the manor of W and it be find by special verdict that the say  manor non keep secret nec detentfuit send to be in load et put in possession  of and the rend and profit except of the say two piece of land call n coke  report b er p and W be answer to the king before and at the time of the say  letter patent hold although there be a certainty in the thing grant in the  name in the content in the town county tenant and in the title yet the queen  indeed be false avoid the patent for four reason that the clause queen indeed  c be in law the suggestion of the patentee that it be a clause of restraint to  restrain the grant to that only which be conceal and not in charge that the  final intention of the king and queen by the letter patent be to reward the  service of the patentee and not to diminish any part of their revenue that the  word be in the conjunctive keep secret et holding back to be and the land can  be say to be detain from the king when the king and queen be answer of the  ancient rend of a manor although the fermors or officer and minister of the  king suffer a intrusion into parcel of the manor yet that parcel be not in law  conceal nor detain ex certainly scientio import the king have knowledge of the  thing be grant ex mero movement proper import the honour and bounty of the  king who reward the patentee for the merit of his service of his own mere  motion without any suit of the party SC and Vid Inst b a Arthur legate  gentleman bring a ejection firm against Edward cockle on a demise make of six  acre of wood in Wimondbam in the county of Norfolk by John smith October year  James for three year and that the defendant eject he c the defendant plead not  guilty and a special verdict be find to this effect a the king and queen  Philip and mary be seize of the manor of Wimondham in the county of Norfolk in  fee in the right of their crown of England whereof the say six acre of wood in  which c be parcel and Julii year of the say king and queen by their letter  patent under the great seal of England in consideration of service do by sir  George Howard knight ex certainly scienlid mero movement et agreeableness  specific give and grant to the say sir George Howard inter alian all men that  two pecias terr our men peremptory or urgent call Nettlehamsted Wikemans  continenper estimation promontory throw existen in Wimondham in come Norfolk  modus well recently in tenurd sive occupation Jo colman ac recently monast de  Wimondham quond spectetpertinen c queen indeed coke b in all respects one  prxmissa cumpertinentiis a we ac a patre brother our men prfatce Regin keep  secret et delentfuer ac reddituse treventiones ind nec alicuj ind parcellce  before this time responsa fuer habendprd Georgio Houiard soldier hred et  assign nest c and that the say six acre of wood whereof c be parcel of the say  land call Nettlehamsted and Wikemans and that the say manor of Wimondham  whereof c at the time of the make of the say letter patent non concelatnec  detent to be sedfait in load et compolo and the rend and profit thereof save  of the say land call Nettlehamsted and Wikemans be answer to the king before  and at the time of the say letter patent and if the say land call  Nettlehamsted and Wikemans be parcel of the say manor pass or not be the  question and if the say land do not pass by the say letter patent then they  find for the plaintiff c and if c and in this case three question be move if  the say two parcel of the manor call Nettlehamsted and Wikemans shall as this  case be be say in law to be conceal or detain from the king when the manor  itself whereof c be in charge to the king and queen although in truth the say  two parcel call Nettlehamsted and Wikemans be occupy by a intruder who answer  nothing for they the second question be forasmuch as the say grant be of the  say two parcel by the special name of Nettlehamsted and Wikemans in Wimondham  in the county of Norfolk and have these certainty know modus well recently in  tenure sive occupation John colman ac nutper monastery de Wimondham quondam  spectant c all which be true if the say two parcel shall pass notwithstanding  they shall not be say a this case be say by Lord Ellesmere in his observation  p to have be adjudge before the chief justice and his companion in the common  plea and print while the writ of error be depend in KB to have the first  judgement better examine coke report a er p in law to be conceal or detain if  the say grant by letter patent ex certan knowledge mero movement agreeableness  not general shall make the grant good notwithstanding the falsity of the say  clause who indeed c and as to the first it be resolve that where the king and  queen be answer of the ancient rend of the manor although the fermors or  officer and minister of the king suffer any to intrude into any parcel of the  manor yet that shall not be say in law to be conceal or detain for the manor  be in charge and by consequence in law every part of it et turpis be pars  queen non convenil cum his tolo as to the second it be object that there be  multiplicity of certainty in the clause of the grant itself in the thing grant  see by certain name by certain content see fifteen acre in a certain town in a  certain county in the occupation of a certain person in title nup monast de  Wimondham spectan and all these be true and therefore although in truth the  say land call Nettlehanisted coke a and Wikemans be not conceal yet they shall  pass for a wile per utile non to make faulty and for that they cite the book  in b e where king e grant to William earl of Salisbury the son all men legal  support an assembly of the queen pertinent ad prioratum de Montague c et quas  recently to go away Willtunc comit Sarum father prd Wilhelm and in truth the  advowson of the church of William then in question be not grant to the father  and yet there the grant be hold good and if it be in the case of a common  person the false queen indeed c will not avoid the grant but it be answer and  resolve per tot curian that the grant be void for four reason because the  clause of in what manner c indeed c be in judgement of law the suggestion of  the patentee a that it be a clause of restraint to restrain the grant to the  thing only conceal from the king and queen c and not in charge to the end the  final intention of the king and queen by these letter patent be to reward the  service of the patentee and not to diminish any part of their revenue  forasmuch as the word be in the conjunctive concelataetdetenta fuer c in which  case if the land may be say to be detain from the kingdom as to the first sc  that the say clause queen indeed c shall be take in law as the suggestion of  the party in e grant d the king by his letter patent give licence to  appropriate the advowson of d to the prior of c queen indeed legal support non  holding de we c and in truth the advowson be hold mediate of the king and the  licence be hold void for the book say that the suggestion be false and in e a  if e the king grant the manor of d c quod indeed inanerium ad manus our men  deveinit ration escheat c and in truth the manor do not come to the king by  escheat the grant be void and the reason that Hussey chief justice there give  be because the falsity come on the surmise of the party and therewith agree h  b f h Br patent g and h of b and in e a it be hold that the patentee shall not  take advantage of any other title than that which be express in the letter  patent and in the Act of confirmation of letter patent a Elizabeth c there be  a proviso provide always that this Act c shall not extend to any letter patent  which at any time since the beginning of her majesty reign have be or  hereafter shall be grant by the queen highness to any person or person of any  manor land c by force of any information suit or suggestion make or to be make  to her highness that the same manor land c be conceal land and always after  this Act and after the like Act of confirmation of letter patent a Elizabeth c  the say clause of queen indeed c and ordinary provisos concern concealment be  construe and take in law for information coke b suggestion and suit of the  patentee to the queen for conceal land as to the second the a   a   light a a  side roll Rep cart sand hob b e a b postea b c   b godb a Acc per sir Bridgman  CJ holland v fisher Bridgrn d roll Rep Plowd a lane godb e   a lane roll Rep  die pl f h Br patent g roll Rep more Mod Rep hard roll Rep   b godb coke  report a er p say clause of qum indeed c contain word of restraint insert for  the king benefit for it imply a suggestion to the king as have be say and a  answer make to it by the king see the suggestion of the patentee to the king  be that he have find land which be conceal from he of which he have not any  rend profit or other benefit answer and therefore may it please the king in  reward of his service c to grant those land to he which he by his industry  have find to belong to the king to which the king answer I be content to grant  you the say land so as accord to your suggestion they be conceal from we and  whereof we have not any rend or profit answer upon which the say clause of  queen indeed c be add in the patent to restrain the king grant to land only  which be conceal from he and to no other whereof the king be answer any rend  or profit quod restringend causan to put to in grammatical case domini Re@qis  si falsehood sit viliat papyrus and that erefore a notable cause be cite which  be adj@dged mich and Elizabeth Regin2e in the king bench but it be enter pasch  Elizabeth rot where the case be that Francis Vowe bring a ejection firm  against Richard smith on a demise make by Leonard Vowe Oct a Elizabeth Reg of  a message c in Hallangton in the county of Leicester the defendant plead not  guilty and at nisi Prit@s before sir James dyer then chief justice of c b a  special verdict be find to this effect William dexter be seize of the manor of  Hallangton in the say county of Leicester in fee whereof the say message c be  parcel and in the time of r do thereof feoff Henry earl of Derby and his heir  and afterward the say earl take upon he the crown and government of this realm  by the name of Henry the four and afterward April and royal power Himself ad  humilem petition thanksgiving quorundam John miton Margareix wife plus  consanguinem hredis speech William dexter videlicet fern William son predicti  William dexter de agreeableness shall not general per litter urge patenes seal  Ducalus Himself Lancastrice confect gerenles that eisd dieetann  deditetConcessit prfatJoh Milo hargar wife sum manner prd unde c habend the  dawn et hred de corpore ejusd Margaret legitimprocreat c the say John miton  and Margaret his wife have issqe and die and afterward one Thomas Vowe cousin  and heir of the body a I Reg mark of the say tenement in which c feoff b the  say Richard smith now defendant and of the residue of the manor feoff the say  Leonard Vowe the plaintiff lessor and the jury find further in coke a these  word the same leonardus Vowe frater predicti though Vowe postea see primo die  Julii year royal power dictce domince Regin nunc in vild speech though Vowe  older man brother Sui to hand over eiden domince Regin to come to know et to  shape he himself before proprium exit hredem de Corpore prfat Margaretm nyton  legilime procreate eiden domince Regin abjectly supplicavit ut eaden owner  queen nunc per litter urge patenes sub Magno seal his Anglim sigilland to  renew to make firm lightarmed footsoldier eiden Leonardo hmred nest de corpore  his legilime procreate prdiet papyrus fathom per prmatum quondam h gerent  datum c per quod owner queen nunc humble candidacy dict leonardi annue  informationi sum fide to hold toward primo die Julii year willing dictam  thought predicti king h effedum hegoat non evacuar de grate suit not general  ex certainly scientio mero movement eerlis cause gaze of looking self owner  queen specifically movenlibus per litter urge patenes geren that the same die  year devoted to to go away predicto Leonardo Vowe existen ut datum to be eiden  dominx Reginm to come to know neighbor hredi exitu de corpore pr6edictm  Margaretce nyton legitime procreal manor predictum unde c habendum et mich  Elizabeth in b r Cit more Anders raym b this feoff do not make any  discontinuance because the reversion be in the crown   Litt a therefore as  Thomas the feoff be dead the effect of this feoff be at a end and therefore  the special verdict be apt conclude post III b by put the whole of the  defendant case on the validity of the patent to Farnham but if the feoff have  make a discontinuance as it will if the reversion have not be in the crown  then the defendant will have have a good title in ejectment note in sergeant  hill copy tenant in tail reversion in the king may suffer a common recovery  unless restrain by stat h c for a common recovery neither bar nor discontinue  the king reversion and accord a recovery be suffer of this very estate and  hold good as not be restrain by h c Perkins v jewel black Rep coke report b er  p tenendum predicto Leonardo ethcoredibus de co? pore his legitime procreate  Ubi in fact pr6edidus leonardus non to be neighbor hres de corpore pr6edicke  Margarelce nyton send preceding Thomas Vowe to be in plend vitd frater senior  the same leonardi and afterward Thomas Vowe die without issue after who death  the say Leonard then be in truth the next heir of the body of the say Margaret  nyton the queen recite the say misprision and all the say special matter under  her privy seal hear date Julii year royal power Himself to be a warrant to the  great seal grant to the say Leonard Vowe the say manor whereof c in tail but  before he have obtain it under the great seal the say queen September year  royal power Himself say in addition to by her letter patent under the great  seal grant to the say John Farnham Esq one of her pensioner the say message c  in quo c inter alian per nomen all that messuagii voc Vmves alias Mytons alias  Dexters in Hallanston in comitat Leic quX indeed in all respects one prmissa  whithersoever you please ind parcella a we or a patre brother well sister our  men thus far well usque they Oct and royal power our men keep secret subtract  well injust detenlfuer c to have and to hold to the say John Farnham and his  heir for ever proi iso always quod si pr6ognissa non are or non fuer a we or a  speech patre brother well sister our men keep secret subtract well injust  detent etsic remanser coke b usque ternpus coplionisprimce search well  inormationis c quod tune hce literce patentee quoad c vacuce to be and the  first certificate be octabis Trinit year royal power dict dom Regin Elizabeth  and afterward see the first day of October then next follow the say Leonard  Vowe obtain letter patent under the great seal accord to the say Piivy seal  and the first day of October in the twenty year aforesaid the say John Farnham  by deed indent and enrol bargain and sell to the say Richard smith now  defendant the say message c in quo c to have and to bold to he and his heir by  force of which he enter c upon who the say Leonard Vowe enter and make the  lease piout c and if upon the whole matter aforesaid the say letter patent  make to the say John Farnham be sufficient in law to pass the say message c  then they find for the defendant and if not then for the plaintiff and assess  damage and cost and in that case upon argument make at the bar and bench four  point be resolve that the say letter patent de a Reg Elizabeth be void in law  because they be in the nature of a restitution and the suggestion of the say  Leonard Vowe recite in the say letter patent that he be next heir of the body  of the say Margaret nyton be false and although it be but matter in fact yet  because it be the principal motive of the say grant in the nature of a  restitution and the intention of the queen express in the letter patent be  that the intention of the grant of the say king h shall take effect which the  queen recite the letter patent of king h and the imperfection of they declare  her intention in these word willing dictagn thought prd king Henry effeclum  caper non evacuar which can not be if the right heir of the body of the say  Margaret nyton be not restore for this cause the say grant of queen Elizabeth  de a be void it be resolve that the say clause of queen q@idem c be in  judgement of law the suggestion of the patentee and add to restrain the say  grant in such manner that if the say clause of queen indeed be false although  the say message be grant by certain name yet the grant be void it be resolve  that when the king officer by force of any matter of record may have so  certain notice of the land or tenement comprise therein that they may put they  in charge to the king although the record itself be not of any effect or  validity in law yet in judgement of law such land or tenement shall never be  say to be conceal for the negligence or laches of the king officer or minister  shall not turn to the king prejudice in coke a such case and therefore any  grant or demise of the king of any land in certainty under the exchequer seal  where it ought to be under the great seal or under the great seal where it  ought to be under the duchy seal or under the seal of the duchy or of the  court of augmentation where it ought to be under the great seal yet such land  can against such record be say to be conceal and therefore although the say  grant of king H I under the duchy seal where it ought to have be under the  great seal c although nothing pass by it yet by reason thereof the say manor  of c ander mention this and add for the reason that the estate be not parcel  of the duchy note in sergeant hill copy coke report b er p Hallington can  never after be say to be conceal so if king e have by his letter patent under  the great seal demise the manor of d for life or for year which lease be void  by reason of the misnomer of the lessee or any other such like imperfection  yet the say manor never after can be say to be conceal and if any parcel of  the possession of the crown be in charge to the duchy or of the duchy in the  exchequer these shall never be say t be conceal and it be say that this word  conceal be a word of new invention in time pass not use or know to the sage of  the law but in one writ which a Stamf prerog b speak of which writ be there  call a writ de terris keep secret and lie after a general livery sue but such  writ be now also conceal for it be not find in the register original or  judicial that no land or tenement whereof the king be seize c although it be  conceal from the king can be say in law to be substract or detain from the  king for the king can be seize or deforce of any land c but if the king tenant  be a seize and die without heir then the right escheat to the king and there  in truth the land be detain from the king but such right shall not pass by the  king general grant of the land hill Elizabeth it be resolve by Poph and Anders  chief justice in the case of one b Shane send out of Ireland that the clause  of queen indeed c in the like letter patent of concealment of land in Ireland  amount to a suggestion and be false make the grant of diverse rectory by  certain name void as here in the four point will appear as to the three reason  to the end that the final intention of the king by these letter patent be to  reward the service of the patentee and not to diminish any part of the revenue  of his crown but only to pass that which be conceal from he and the opinion of  juin in h b be cite c if a man sue to the king by petition to have a manor and  say in his petition that the manor be worth but and have a patent of the same  manor and afterward it be find upon record that the manor be worth per annum  the coke b patent shall be repeat for the king intend to diminish his revenue  but per and and upon the suggestion of the patentee he be d deceive in the  value and thereby he decrease his revenue per and vide e grant as to the four  reason the say clause of quo juidem have a double conjunctive know keep secret  injust holding back and as it appear by the four point of e vow be case land c  can be detain from the king and so it be resolve in f the say case of Shane  hill Reg Elizabeth where the case be queen Elizabeth by her letter patent  under the great seal of Ireland ex certainly scientid mero movement grate  sveciali grant to Edmond Barret the rectory of Sroze in the county of Longford  in Ireland inter alian parcel of the possession of the late priory of  Loughsendy luce in all respects et singulce prmissa a nobi et ancestor our men  day before this time keep secret substrata et injust holding back to be et  adhune are to have and to hold to the say Edmond Barret and his heir and it be  resolve that that grant be void because the say clause of queen indeed be in  judgement of law the suggestion of the patentee and the say rectory can not be  unjust detain from the queen and the word be in the conjunctive sacred  scripture keep secret substracta et injuW holding back and so Francis Shane  who occupy the say rectory do prevail against the say patentee and the second  conjunctive be et To give back et reventiones ind nec alicuj ind parcel before  this time response fuer so that both the g conjunctive mood ought to be true  or otherwise the grant be void as to the three point in the principal case it  be resolve where the say grant a Stamf Prmrog b a   b Leon Stamf cor b b hill  Elizabeth Shanes case more c roll d   a a b   b   a   b b   b     b a lane  more h b hob cro car   Ent a ass Br patent Mod Rep kelw b b Yelv roll dyer pl  pl Plowd a e before b more and raym W before g   light a coke report a er p  make to sir George h Howard be ex cerld knowledge mero movement gralid not  general d ex certainly scientict a import that the king have knowledge of the  thing he grant and therefore such grant be call assertive and not suggestive  as it be say in e in John de Britain case but that be to be intend of the  truth which be the proper object of knowledge and not of falsity which be  nonsens and of that the king can have knowledge but in such case the king  notwithstanding those word be utter deceive in his grant and therefore they  shall not give the patentee any advantage ex mero movement proper import the  honour and bounty of the king who reward the patentee for the merit of his  service of his own mere motion without any suit of the party and it be say  that those word be add after the statute of b h cap by which Act the king  declare that he will abstain from grant any coke a part of his revenue land or  wardship unless to those who have deserve and those who sue for any such thing  shall be punish and shall not have the thing for which the suit be make after  which Act to the end it may not appear that any suit be make these word be add  know ex mero movement and the say Act be intituted in the roll Brangwyn which  in the British tongue signify white crow and he be call a crow because he be  oftentimes crave and acquire and white because he have furrow et eandida  veslimenta bx agreeableness svan specific in respect of the grace and favour  which the king have conceive for the patentee and it be resolve that there be  a difference between clause of c queen indeed c for some be add only to make a  more plain demonstration of the certainty of the thing grant and some which  concern the king title or the value of the land grant or to make a restraint  of the king grant as have be say before and addition only to make more  certainty shall not avoid the king d grant of a thing certain as e io h b in  sir John lestrange case it be hold that if the king by office find have a  manor in ware and grant the say manor by a certain name in such a county quod  indeed manor recently seisilum to be in manus our men c and in truth this  manor never be seize it shall not avoid the grant for it be not f material  whether the king have seize it or not and it be add but to make more certainty  to that which be certain enough before and therefore it shall not avoid the  grant although it be false otherwise it be of a general grant as in the  principal case there it be so in mich elize a case between the earl of Rutland  and Thomas g Markham be by the command of queen Elizabeth refer to Bromely  chancellor of England Gerard attorney and Popham solicitor and the case be  such the queen grant to Thomas Markham duty jailer parcor sive boscorum de  Billo et Berkland in forest de Sherewood in come not quod indeed duty henric  recently come Rutland recently to have to have and to hold the say office to  the say Thomas Markham for the term of his life and in truth the say Henry  earl of Rutland nwever have the say office and yet it be resolve by they that  the grant waas good because quod to point out causan a to put to rei satis  demonstrate in vain fit so if the king demise a manor by special name b quod  indeed manor recently to be in tenure sive occupation johan style and in truth  he never have it yet the grant be good coke b for in these case the king be  not deceive in his title nor in the value which he intend to h Inst d it seem  that these word will not reduce a royal grant to the same standard of  construction as the grant of a subject and bring it within the principle that  it be to be take strong against the grantor king v capper price a Plowd b   b  b Leon b raze pat c Cr James   b lane Plowd b Cr car Yelv d Savil more Cr car  die pl e keb godb Mod Rep   a f Cr James g mich Elizabeth though markham case  Mod Rep a dyer pl b   a   a hob Plowd b die pl Cr James more Yelv Cr car coke  report a er p c grant nor in the restraint which he for his profit intend to  make it be likewise resolve that there be a d difference betwixt the king case  and the case of a subject for a subject who may mind his own private affair  shall not avoid his grant in these or the like case be make upon a false  insinuation or suggestion but the king who take care of the commonwealth shall  avoid his grant in these case jure king as it be say in e e a b in the earl of  ken case and it be a high and great prerogative which the king have that when  he make any grant upon such false suggestion as aforesaid they be void in law  so when upon false insinuation or pretence he make any grant as of any  monopoly c which in truth be to the prejudice of the king and commonwealth the  king jure king shall avoid such grant and such letter patent by judgement of  law shall he cancel and it be say that perpetuity monopoly and patent of  concealment be bear under a unfortunate f constellation for as soon as they  have be bring in question judgement have always be give against they and none  at any time give for they and all of they have two inseparable quality see to  be troublesome and fruitless as to the say case in e the case there be that  the king be founder of the priory of Montague which be a priory alien by  reason of the war of France seize the say priory and by his charter grant to  William Montague earl of Salisbury the father the advowson of the say priory  to he and his heir and also the keep of the say priory during the war with all  the appurtenance and all the profit thereunto belong as entire as it be in his  hand and after the say earl die William his son and heir then within age to  who the king by another charter grant all men admcationes an assembly of the  queen pertinent adprioratum de Montague tenendum usque ad fixed by law celatem  prfati William etquas recently to go away r fa oh p ce tcomili Sarum palri  where it be take that the advowson appertain to the say priory do not pass to  the father by the say general word and there green chief justice say sure he  conceive that although the king have never grant the advowson to the earl the  father that by the second charter they shall pass to William the son by those  word for inasmuch as he grant c to hold till his full age although that which  he say after the which he grant to his father be false g the grant be coke a  good but Norton contrary so that green reason be because the say word of  restriction come after the habendum see after full and absolute grant also if  the say opinion of green shall be law the say case be out of the reason and  rule of the case at bar as appear before and mic James Reg judgement be give  for the plaintiff whereupon the defendant bring a writ of error and the error  assign be in the point adjudge which point be argue again at the bar and at  the bench and in mich repris James the judgement be affirm per totan curian  for the cause and reason report before notam reader that hill RegincT  Elizabeth and information be exhibit in the king bench against Hugh a Vaughan  for intrude into the scite of the late priory of friar preacher in Langley  king in the county of Hereford and upon not guilty plead the jury give a  special verdict to this effect Richard prior of the say late priory year h  with the consent of the convent by their deed enrol do surrender and grant to  h his heir and successor all their possession c by force whereof and of the  Act of h the king be seize of the say scite and Feb and h demise it by the  name of the scite of the say late priory to the suffragan of Dover for his  life without to some place ind reddendo and afterward the say suffragan die  and the scite by mesne descent descend to queen Elizabeth and afterward June  year Elizabeth a commission be direct under the exchequer seal to William cook  esquire and other give they authority to survey the say scite inter alian and  to certify to the exchequer in what reparation it be and what lead stone and  iron be requisite to repair it which commissioner die septemb follow by force  of the say c cro James d   a e   a b   a hob Cr car f a nt b g palm a hill  Elizabeth Hu Vaughan case in b r cit SC Cr Elizabeth more coke report b er p  commission do certify in write under their seal inter alian that there be a  old church appertain to the say late priory which be in great ruin and decay  and be cover with lead which lead be worth S d and the timber and stone be  little worth c after which certificate the lead timber and stone be sell by  the treasurer and undertreasurer of the exchequer year Elizabeth to Webster  for S d who in the court of exchequer acknowledge the debt and afterward the  say queen Elizabeth April year royal power Himself by her letter patent ex  certainly scienlid mero movement et grate our men specific grant the say scite  of the say late priory inter alian to Edward Grimston the father and Edward  his son and their heir under this proviso always quod si preceding prmissa or  aliqfta ind parcella or To give back or prficua the same non are nec to be  ante io they April year royal power our men a we nec a patre brother nec  sororenostris keep secret carry off coke b well injust holding back such keep  secret subtract well injust detent to stay behind usque prd diem Apr year say  in addition to quo die prodEdwardus Edward c nest not common with others cost  ex allotment for weaving ad revelation ind become procuravera quod tunc ho  literce patenes quoad hujusmodiparcell such non keep secret carry off well  injust holding back vacuce to be and further find that the queen never take  any profit of the say scite but of the say church as aforesaid and if c and it  be object that the say scite shall pass by the letter patent because although  it shall be admit that the scite itself can not be say to be conceal in that  case and although the say scite can not be say substract or unjust detain from  the queen yet forasmuch as the rend and profit thereof be substract and unjust  detain from the queen and the word be in the disjunctive or To give back or  prficua the same c therefore the say letter patent be sufficient to pass the  say scite also it be object that the say commission under the exchequer seal  be not any such authentical record in judgement of law to prove that the say  scite be not conceal but it be resolve per totan curian that upon the say  special matter find the say scite shall not pass by the say letter patent and  in that case six point be resolve that when there be any record by which the  certainty of the king land which be not in charge so particular appear that  the king acers may put it in charge without any respect to the time of the say  record so that it be after the king title accrue such land can never be say to  be conceal as if a man seize of the manor of d in fee by deed enrol grant the  say manor to king h his heir and successor and the king or any of his  successor after the say grant have never take any rend or profit thereof yet  this manor shall never be say to be conceal so in the case at bar when the  king demise the say scite of the late priory to the suffragan of Dover for his  life although nothing be reserve this scite shall never after be say to be  conceal et such de like it be resolve that in the king case although one  wrongful take the rend or profit of his land yet the say rend or profit can be  say to be withhold or unjust detain for the king may charge he who take the  rend or profit of his land as his bailiff to render a account for in the king  case the law in such case make a privity and therewith agree h and when the  land itself be not conceal the say word or To give back or prficua the same c  eoncelata coke a carry off well injust holding back c will not pass it for the  king intention be to pass nothing but that which be conceal from he for  otherwise by pretence of the patentee if the king lessee have detain his rend  reserve upon his lease it shall pass by the say word which be absolute deny by  all the justice for no such constrain construction shall be make in the king  grant to pass his inheritance against the king intention and the suggestion of  the patentee himself it be resolve as before in Shanes case that in the same  case land can be say to be substract or unjust detain that the say word ante  for the tenth time they April year Elizabeth shall in construction of law be  take for the whole time after a   a b a cro Elizabeth Br account Br baily more  jenk cent c blow a   b godb roll Rep Hardr   I b b   a   Inst lane I Ventr  roll die pi pi pi pi I coke report b er p the late title of the queen until  that day and not for a month or a year or two year c upon which great  uncertainty will follow but all time after the king title until that day shall  be take notwithstanding the disjunctive word subsequent a we or a sister  brother well patre our men that the say commission under the exchequer seal  and the return thereof be sufficient to instruct the king officer to put the  scite in charge and it serve for a sufficient record to that purpose but a  office find by force of a commission under the exchequer seal be not  sufficient to entitle the king in case of attainder of felony mortmain  cessavit or the like so note the a difference betwixt a office of instruction  and a office of entitle last it be resolve that forasmuch as the queen be  answer some part of the profit of the say scite no part thereof can be say to  be conceal