coke b the case OF the mayor and burgess OF lynne king concern misnomer of  corporation mich James which be enter Trin James rot in c b the king  incorporate a borough by the name of the mayor and burgess of his borough of  Lynne king common call king Lynne one become bind to the corporation in a bind  by the name of the mayor and burgess of Lynne king hold the bind be good and  the variance immaterial the name of a corporation in grant or conveyance need  not be idem syllable seu word it be sufficient if it be idem reetsensu the  mayor and burgess of Lynne king in the county of Norfolk bring a action of  debt against John pain gentleman executor of John pain Esq on a bind make by  the testator to the plaintiff Jan year James Reg in the defendant plead not  the testator deed c and the jury give a special verdict videlicet king h June  year royal power Himself by his letter patent under the great seal recite that  the say king by his letter patent June year royal power Himself have grant to  the mayor and burgess and inhabitant castle Himself de Lynne Episco pi in  county his Norfolc quod Self impegpeluum make real One corpus cor poratum et  One partnership perpetuan in re et nomin et quod to have succession  emperpetuam ac nomen majoris et burgensium burgiprtedidi Lynne piscopi in  county Norfole to have et to bear about etper idem nomen make real personce  habile et capace in lege c and by the same letter patent recite coke a that  whereas by Act of parliament Feb and h it be enact that the say king his heir  and successor king of England shall have the manor of Lynne e isco I and  Gaywood inter alian the say king by the say letter declare quod eaden villan  de Lynne Episco nuncu of ing pi de ctero to call et nominare Lynne king  vulgariter Lynne et non per other nomen and grant to the say man or burgess  and that inhabitant castle suipr6ed quod Self he continuous nomen majoris et  burgensium castle Himself de Lynne king vulgariter nuncu pat king Lynne in  county his norf to have et to bear about etper idem nomen to call et  nominarenturetnonper other nomen etquod per idem nomen essentpersonce habile c  and the jury further find that Jan a ring king James prod Johannes pain  testator in vild shall pr6edidum scribe obligatorium fecit sigillavit et ut  fact suum to weigh well prfat mayor et Bu?@gensibus castle domini king de  Lynne king vulgariter nuncu palKings Lynne in comsuo norf per nomen majoris et  burgensium de Lynne king in come norf send utrum super totan means c prd  scribe obligatorium in narration specificat sit factum prd John pain testator  or not the same a swearer ignorant ind to strive for advisamentum justice t  cur c and this case be oftentimes argue at the bar a and it be object on the  defendant part that the say bind vary a from the true and right name of the  corporation and by consequence be not the testator deed and the material  variances be because they be incorporate by the name of majoris et burgensium  castle domini king de Lynne king c and the bind be make to they per nomen  majoris et burgensium de Lynne king omit after this word burgensium these two  word b Burgi king which be parcel of the name of the incorporation and it be  observe by they first that the name of the corporation be like to the proper c  name or the name of baptism after the king have give they their name then it  be add et quod per idem nomen to call c negative word be add to the say  affirmative word et non per other nomen but the bind vary from the proper name  of the incorporation and be not madeper idem nomen but per other nomen direct  against the letter and a this case be say by Lord Ellesmere in his observation  p to have be adjudge in c b while coke be chief justice there and present  publish before it can be determine upon the writ of error in r b a   a b  Brownl ante b c   b roll e a e a b and coke report b er p intention of the  king charter and it be strong urge that the d place of the incorporation be of  the essence of a incorporation for without a place no corporation can be coke  b find and the place be the principal part by which the incorporation can be  know and distinguish from other and therefore may be fit resemble to a man  face which be he principal part by which he be know and discern and for that a  case be cite mich Elizabeth in the exchequer in ejection firmte in which  Mariet e be plaintiff and Paschal and other defendant of a demise make by  Thomas fanshaw Esq the queen remembrancer of her court of exchequer of certain  land in denge in the county of Essex c and upon not guilty plead the jury give  a special verdict to this effect the master and chaplain of the Savoy be  incorporate per nomen instructress Cap@llanorum hospital Henry recently king  England septim de Savoy by force of certain letter patent make year h and the  master and chaplain of the say hospital be seize in fee of the manor of denge  in the county of Essex whereof the land in which be parcel year e by deed  indent demise the say manor to John Paschal for year per nomen instructress  hospital Henry king England see primi vocal the Savoy capellanor ejusd  hospital and if this lease be make accord to their true name of incorporation  be the question and it be adjudge in the exchequer that the lease be void  because they have mistake their name of incorporation in the most material  part of it see in the place for the true name be hospital c de Savoy f and in  the demise it be hospital c vocatthe Savoy and I the material variance in  respect that de signify the place itself and vocal signify a name which may be  apply to another place as PrioretCon alres hospital consecrated John de a  Jerusalem in Anglid and many other case as of mount Carmel Bethlehem and other  which in truth be in the land of Canaan and yet be apply to certain place in  England all which you may see cite before in the case of the hospital of the  charterhouse and therefore I have omit they here and it be say that upon the  say judgement a writ of error be bring in the exchequer Chamber where the case  be often argue again at the bar and yet the say judgement be never b reverse  so in the case at bar forasmuch as this word borough be omit which be the  place of the incorporation it be such a material variance that the bind be  void and although it be say de Lynne king yet that well prove that it be a  town but it do not thereby appear that it be a borough for every borough be a  town but every town be not a borough c and therefore Litt lib cap of burgage  say it be to be know d that coke a the ancient town call borough be the most  ancient e town that be in England for those town which be now city or county  in ancient time be borough and call borough and from such ancient town call  borough come the burgess to parliament when the king have summon his  parliament also for the great part of such borough have diverse custom and  usage which other town have not c by which there appear a manifest difference  in judgement of law betwixt a borough and a town and the opinion of Cavendish  chief justice in ass p be cite where be hold that all the ancient borough be  of record in the exchequer and with Littleton agree e a e b a h b by frowick c  another variance be observe that this word king be omit for the true name of  the ration be castle Himself de Lynne I castle r de Lynne and in the bind not  only corpo castle be omit but king also which as it be urge be also a material  variance for king ought to be twice add see castle king de Lynne king and for  that the case of f baton college Trin p m dyer be cite where it appear d   b  roll Plowd a e and hob before b f more hob a before a b b hob c   light a d    light a b light sect e light sect   light a b f more Anders die pl Leon jenk  cent c coke report b er p that king h incorporate the say college per nomen  prposili college royal eollegii beatce Mari de Eaton juxta fflindsore and in  the time of e sir Thomas smith knight be provost there a lease be make per  nomen prpositi sharing college royal de Eatonjuxta Windsor omit collegium in  the first place and yet in the second place college royal be add et per belief  omniumjustic it be a void lease et such adjudge to be mich et Elizabeth Regin  so in the case at the bar the omission of this word king in the first place  although it be observe in the second make a material variance many other case  be put upon the general ground of misnomer of corporation which I have on  purpose omit because these case which be here mention be the most material and  all the other shall be general cite with reference to the book at large in the  end of this case but hje coua hold the say bind good and that the plaintiff  ought to have judgement to recover in which case two point be g resolve as to  these word per idem nomen et non per other that this word idem have two  signification know idem syllable seu word and idem re et sensum and the name  of a corporation in grant or conveyance need not be idem syllable seu word but  it be sufficient if it be idem re et sensum b and accord g Brownl b if also  the name be express by word synonymous it be sufficient as if a house be find  by the name of minister God poor man and a lease be make by the house by the  name of minister poor man house God this be well enough for the same design be  specify by both name Pitt v James hob so a immaterial addition to the name do  not hurt Ayrays case   b as if in a grant by the master c of the mystery of  cook they be name of the craft or mystery cross v Howel Plowd b so if the  precedent and scholar of corpus Christ college in Oxford make a lease by their  name with the addition of in the county of Oxford the lease be good dumper v  Syms cro Elizabeth so a lease make by the dean and chapter ecclesice of to an  bishop Christ de Oxonid by the name of dean and chapter ecclesice c in  academid de oxonis good Lord north case more sc poph so if the hospital h king  England be name in the grant the hospital h recently king Marriot and paschals  case Leon so a demise in ejectment by the mayor burgess c of the borough town  of m instead of mayor c of m be good it a appear from the charter that m be a  borough town do v miller barn Ald and a immaterial variance will not hurt as a  lease by the dean and chapter of Exeter instead of in Exeter Willis and  Jermines case Leon so a grant by the master domfts sive college instead of  dom6s sive hospital for a college and hospital be the same Cheyney and smith  case Leon so by the dean and chapter church de Peterborough instead of church  Petriburgensis Marriot and paschal case Leon wear down and so  collegiiTrivitatis instead of college Sandco et Individuce the number three  Leon so a grant by the name of wardein and poor of the hospital of the holy  trinity in Croydon instead of the wardein and poor of the hospital of the holy  trinity of the foundation of I W archbishop of c be good Croydon hospital v  Farley taunt SC marsh and per Gibbs CJ ib it be certain true that from the  reign of Edward to the end of the reign of James I many decision will be find  turn on many nice point and many now apparent frivolous objection have be  entertain if a bind be give to a b and the fellow and scholar c to be pay to  the master fellow and scholar a b then be master this be a bind to the master  c in their corporate capacity master c of Sussex and Sidney college v  davenport I will and a grant to a prescriptive corporation have have various  name of incorporation be evidence against those claim under the grantor that  they be then a body corporate by the name give they therein mayor c of  Carlisle v Blamire east if the king grant land unto a corporation by another  name than that by which they be name before yet the land shall pass and the  letter patent shall be to they as a new incorporation dean and chapter of  Christ church and parrot case Leon and if a ancient corporation be incorporate  de to make new with a addition to the name a lease c by the ancient name will  be good Hayward v Fulcher W Jones if the description in a statute or testament  be certain it be sufficient though the coke report b er p to these  signification diverse oasis have be resolve and adjudge mich coke b I  Elizabeth die the dean and chapter of a Carlisle be incorporate year h by the  name of DecanusetCapitul ecclesiastical of to an bishop Sancice Individuce the  number three Carliensis and the make a lease by this name dean church of to an  bishop Sancice that ITrind in Carlisle et lot capitulum de church prd which  lease be not make per idem nomen quod be idem syllable seu word for saint this  word individuty be omit in Carlisle where the true name be Carliensis know of  Carlisle this word totum be add the order of the word be not keep for the true  name of the corporation be dean et Capilul ecclesiastical cathedralSand et  Individuce Trinit Carliensis and the lease be dean ecel cathedral c ettot  capil de eccl prted but haec non to stand before it be resolve by dyer Weston  Welsh Southcot Carus and harpur that the lease be good notwithstanding these  variances and the reason be there give because these variances be not in the  substance of the name in mich Reg Elizabeth between hall a d Wingat in  ejection firm in the king bench the case be that the dean and canon b of  Windsor be incorporate by Act of parliament in e by this name the dean and  canon of the king free chapel of saint George the martyr within his castle of  Windsor and in the time of the reign of king Philip and queen mary they make a  lease of certain land by this name the dean and canon of the king and queen  free chapel of saint George within the castle of Windsor and in that case  three variances be observe where the name of the corporation be by the Act of  e the dean and canon of the king free chapel the lease be make by name of  Deans and canon of the king and queen free chapel c where the incorporation be  of saint George the martyr the lease be of saint George omit the martyr the  three be within his castle know within the king castle of Windsor and it be  adjudge that in that case one of they be at variance in substance know c of  the king and queen free chapel for the true name of the corporation by the say  Act of e be of the king free chapel and although at the time of the make of  the say lease in truth the chapel be the king and queen free chapel yet the  corporation ought to be such as be name be not observe ante p b dr Ayrays case    b if it sufficient appear upon a will to be the intent of the testator to  leave his land to a particular corporation it be sufficient thus a devise to  the mayor jurats and commonalty of rye by the name of the worshipful the mayor  jurats and town Council of the ancient town of rye be good attorneygeneral v  the mayor of rye taunt SC I b more Vid vin ab corporation g Bacon ab  corporation c Com dig capacity b there be a difference between writ  declaration c and obligation and lease for if the name of a corporation be  mistake in a writ a new writ may be purchase of common right but if it be  fatal if mistake in lease and obligation the benefit of they will he whole  lose and therefore one ought to be support and not the other pale yellow c b  post p a a corporation be institute by the name of prfecti et guardianorum  naupegorum de b and the writ be direct prfati et guardianis et associate the  writ be hold to be bad tipple v pexal Bulst if a corporation bring a action in  a wrong name the misnomer can only be take advantage of by pIea in abatement  mayor of Stafford v Bollon I Bos pull and where a corporation be name correct  and afterward in give judgement the name be mistake the judgement be arriended  heal v mayor of London cro car in a action by a corporation or a natural body  misnomer of one or the other go only to the writ but to say that there be no  such person in a thing nature or no such body politic be in bar for if there  be a misnomer there may be a new writ by the right name but if there be no  such body politic or other person no action can he have brook ab misnomer Vid  note e Luttrells case   b e dean and chapter of norwich case   a a mich  Elizabeth case of dean and chapter of Carlisle more and Leon die pl Bulstr  jenk cent b mic Elizabeth in b r the case of dean and canon of Windsor palm  Leon more n roll Rep hob c more hob coke report a er p give by the founder and  that shall not be alter by the alteration of the name of the founder or of the  owner of the castle as if a college be incorporate in the time of e by the  name of master and fellow of king college if they make a lease in the reign of  queen Elizabeth they can make a lease by the name of master and fellow of  queen college but for the other two variances the court resolve that they be  variances in syllable and word and not in substance et d too little to carry  apart queen re coke a concordant for saint George include the martyr as the  Trinity imply and include this adjective individuce and within e his castle of  Windsor and within the castle of Windsor be all one in substance and effect in  which case the chief justice be of counsel with Wingat and in another also in  which Wingat be plaintiff and judgement be give for he in both hill Elizabeth  in the king bench betwixt Henry f fisher plaintiff in ejection firm and  William Bois defendant of certain land in ellam in ken the case be by Act of  parliament year I nariae a college in Oxford be incorporate per nomen gardiani  et scholari house sive college scholari de Merton in university Oxonice and  they make a lease of the say land per nomen jailer donuts sive college de  herton in Oxonid et scholar the same house and in that case four variances be  observe for this word gardianus custos where the true name of the college be  house sive collegium scholari de Merton the lease be per nomen house sive  college de Merton emit scholari a for in university Oxonice the lease be in  Oxonid scholar be misplace for they come in the end whereas in the Act they be  name immediate after the guardian and it be adjudge that for the second  variance it be a variance in substance for the say Act have baptise the  college by the b name of the college of scholar of Merton and they make the  lease by the name of the college of Merton himself who in truth be the founder  but for guardianus he be custos and for the university of c Oxford and Oxford  they be all one in effect and substance and therefore no material variances  and for the misplace of the say word that be not material provided pro prius  feeling and the chief justice be of counsel with the say college against the  say lease so in the case at bar the say variances be only in syllable et word  and not in d sensum et re ipsd and therefore be not material for per idem  nomen shall be intend idem sensum et re and not per other I other sensum et re  and it be to be know that in the case at bar these word citizen de Lynne king  e imply that Lynne king be castle for castle and citizen are conjugate and as  Littleton say where above from borough come the burgess c and Lynne king imply  also that it be castle swine I king and these word vulgariter nuncuvatKings  Lynne be include in these word Lynne king so that the name in the bind by  matter apparent therein import a sufficient certain demonstration of the true  dame of the coke b incorporation e b the abbot of f York be incorporate by  this name Abhas monastery bealce harice Eborum and a bind be make to the abbot  by this name abbey monastery beatce harice extra mouse community Eborum and  although the abbey be extra mums community Ebor yet because in truth it be  within York the bind be good and therefore the abbot there bring his action of  debt by his true name and in his declaration he say that the bind be make to  the plaintiff for nomen c which imply a averment that the abbey be within York  and the writ be award a good writ by the opinion of the whole court and yet  there be more variance in syllable et word than in the case at bar but because  in truth and substance as appear by the aver d Leon   b Bulst e more f hill  Elizabeth Leon   a b hob lane more Anders a   a Bulstr hob b Cr Elizabeth c Cr  Elizabeth more Anders d Cr Elizabeth e hob roll Rep f I Anders Cr Elizabeth l  e b Leon Br diversecolored coke report a er p mean debtor all be one in effect  the bind make to they be good and yet the name in the bind do not import of  itself the true name of the corporation without averment dehors and therefore  in plead or in a special verdict in many case if by express averment or by the  find of the jury it shall be make apparent to the court that the true name of  the incorporation and the name in the lease grant c be all one in effect it  will much enforce the matter although in word there be some seem difference  and therefore it be well find in the special verdict in the case at bar that  the say John pain the testator predictum scriplum obligatorium fecit  sigillavit et ut fiactum suum to weigh well r fa be mayor et p ceBurgensibus  castle domini king de Lynne king vulgariter nuncupate king Lynne ir county his  No? f which be the name of the corporation without any manner of variance per  nomen majoris et Burgen3ium de Lynne king in county norf a which import all  averment requisite by the law in this case and it be well observe in sir Hoyle  Finchs case in the six part of my report f a that till this generation of late  year it be never read in any of our book that any body politic or corporate  endeavour or attempt by any suit to avoid any of their lease grant conveyance  or other of their own deed nor any other grant c make to they for the misnomer  of their true name of incorporation but after a window be open to give they  light to avoid their own grant for the misnomer of themselves what suit and  trouble to avoid grant c as well make to they as by they have follow thereupon  every one know but there it be say that for every curious or nice misnomer God  forbid that their lease or grant c shall be defeat for there coke a will be  find a b difference betwixt writ and grant and in all case it be true quod c a  pice law non are jura for if a wriabates one may of common right have a new  writ but he can of common right have a new bind or a new lease grant c and I  well approve of the book in e b where the case be that a d pr6ecquodred be  bring against the prior of Worcester and demand a manor and the writ be S  priori Wigorni6v c the tenant say that in Worcester there be two priory S the  priory of friar preacher and the priory of our lady and the writ be abate so I  conceive it will be reasonable a much strong to drive he who will avoid a  write demise grant c make by a corporation or to it by reason of any verbal or  literal misnomer to show that there be two corporation in the same city  borough or town c S one by the true name and another by such name as be  contain in the deed c and so leave the deed c good by or to one of they but  when in truth there be but one and the same corporation lease grant c make by  they or to they ought not to be avoid by such nice and verbal variances when  in substance the true name of the corporation either by matter express or  necessary imply in the word themselves appear to the court and as to the say  case of the hospital of the Savoy it be true that judgement be give in the  exchequer by baron clarke and baron gentleman against the opinion of sir Roger  manwood chief lron all spit and after the wrist of error bring and the case  argue at the bar the say Thomas e fanshaw compound with Paschal for his lease  and I be of counsel with the say Thomas fanshaw and I conceive that there be  little difference betwixt the mayor and commonalty of the city of London and  the mayor and commonalty of the city call London unless it can be show that  there be two distinct corporation which have these two distinct name also  there be a difference betwixt ancient corporation and corporation make of late  time for ancient corporation make by usage have diverse and several name and  lease grant c by any of they will be good enough and these and diverse other  difference you will find in your book follow vide the case of the dean and  chapter of Norwich in the three part of my report c blow Com inter cross and  Howell f man die h h S h h h bl h h r e a hob b post a   a   a b   a   b c    light b b   a Noy d Fitzherbert brief e more before b b hob Leon Anders coke  report a er p e e e e e e e e h h h or h h h brief l0l h h brief h ass e e e  E 3 5b ass register