coke a roger earl OF Rutland case mich James if the king grant the herbage and  pannage of the park of c to a for life and afterward the king recite the grant  to a and that he be live grant the herbage and pannage of the say park to b  for his life without show when it shall begin such grant to b be good and  resolved 1st the king have diverse manner of inheritance some to give only in  possession and not in reversion some to grant as well in reversion as  possession but which he can use or exercise himself other as well to use and  enjoy himself as to grant to another the possession remainder or reversion the  king be not deceive in his grant when the king charter may be take to two  intent good in many case it shall be take to such intent as be most beneficial  for the king but if it may be take to one intent good and to another intent  void it shall be take in such manner as that the grant may take effect rd  there be no uncertainty in the grant it shall take effect in possession when  the first grant shall be end or determine whether it be by death surrender or  forfeiture when one be officer for life if the king without recite it grant  the office to another for life the second grant be void for want of a recital  in assize of novel seize for disseizing the plaintiff from the office of  keeper of the park call c park the plaint set out the plaintiff title that the  queen be seize of the say park in fee and grant the office of keeper of her  park call c without say say park to a c exception that it shall be intend  another park not allow SC Jenk cent sc on error Bulstr Brownl Roger earl of  Rutland bring a assize of novel seize against Gilbert earl of Shrewsbury and  other and complain he be seize of his freehold in clipson in the county of  Nottingham and make his plaint to be seize de a ante a a duty jailer to act  sparingly peremptory or urgent call clipson park ac de pannagio et herbagio  prd to act sparingly de clipson prd cum pertinent et pro distinction  unconstrained tenementi de duty prod ac de pannagio et herbagio prod the  plaintiff say that queen Elizabeth be seize of the say park in fee in the  right of her crown and that march year by her letter patent grant to Thomas  Markham there officimm jailer to act sparingly Himself peremptory or urgent  call clipson park without say predict ac the same though Harkham prod to act  sparingly Himself peremptory or urgent call clipson park fecit to order et to  put per easden litter patenes to have and to hold to he for term of his life  with all fee due and accustom and further grant by the say letter patent to  the say Thomas Markham pannagium et herbagium give notice of or fix a day to  act sparingly Himself de clipson to have and to hold the say pannage and  herbage to the say Thomas Markham for term of his life and afterward queen  Elizabeth so seize of the say park as be aforesaid die thereof seize after who  death the say park descend to the king that now be ac prd coke report b er p  though Markham de prd duty et pannagio et herbagio prd in form prd seized  existen idem dominus king die June a royal power Himself primo per litter urge  patenes c to read out prd position prd though Markham deet in prmiss prd such  ut prefert Himself concession to go away eiden come Rulland prd office cutodis  prd to act sparingly voc clipson park to have and to hold to he for his life  how quickly duty prd per death up redditionem forisfacturam well to some place  elsewhere modus wherever to be empty with all fee c and far grant by the same  letter patent the say herbage and pannage to the say earl of Rutland for term  of his life without show when the estate of the herbage and pannage a brown  jenk cent Brownl a shall begin coke b to such a degree plene et integre prout  prd though Markham c to have to hold seu be glad to be etcetera and afterward  the say Thomas Markham of Mars year quarto king nunc die after who death the  plaintiff be seize of the say office and of the herbage and pannage till seize  by the defendant to which the defendant plead the general issue nul tort nul  seize and as to the office the recognitors of the assize find for the  plaintiff and as to the breakage and pannage they find the letter patent at  large ut above and if the herbage and pannage pass by the say letter patent to  the plaintiff they find for the plaintiff c and the matter in law be such the  king grant the herbage and pannage of the park of c to Markham for life and  afterward the king recite the grant to Markham and that he be live grant the  herbage and pannage of the say park to r earl of Rutland for his life without  show when it shall b Brownl jenk cent Brownl post b b begin and if the grant  of the herbage and pannage to r earl of Rutland be good or not be the question  and it be object that the say grant to r earl of Rutland be void for the  uncertainty of the beginning thereof for it can begin present because Markham  have it then for his life and it do not appear whether the king intend it  shall begin after the death of Markham or forfeiture or surrender or when it  shall begin and for such uncertainty the grant in the king case shall be void  and the case in c Br patent Fitzherbert grant c h grammatical case ult d Br  patent d h a and a Br patent Fitzherbert grant a h b be cite that the king can  grant the b post a   a dyer pl   a march Rep Cr car dyer pl roll   light b hob  Inst e b Cr James b reversion of a office which one have for the term of his  life but may recite that such a one to have et to hold tale duty pro boundary  vitce sum and grant office prd tali habend post death c but if the king grant  the office to another without such special recital for life the second grant  be void a Vid upon the construction of the king grant and as to what property  may be grant by the crown note r Alton wood case   a and Vid the note to  auditor curl case Rep a a vide e b e avowry but it be resolve by coke chief  justice Walmsley Warburton Daniel and foster justice that the say grant of the  herbage and pannage be good and in this case diverse point be resolve that the  king have diverse manner of inheritance some to give only in possession and  not in reversion as a corody in a house of religion or to present one to a  church of his patronage as it be agree in Henry for in these case and other  like the king have but a presentation or commendation of a person when the  corody or church be void and not before and can give the corody or present to  the church in reversion the king have some inheritance which the king may  grant as well in reversion as in possession but he can use or exercise they  himself as c   a   light b bridge h b Br ask first Br grant Fitzherbert grant  blow b h b c office vide h b a man grant a office of servitude as forestership  c cum omnibus terris eiden duty to stretch out the remainder to the king in  fee in this case although the king can be officer to any one yet the king be  capable thereof to grant the office to another which he himself can use or  exercise also such office may be forfeit to coke report a er p the king and  the king shall have a inheritance in it to coke a give c vide d h grammatical  case ultim Br patent Fitzherbert grant ante b d e h a Br patent ante b e and f  h Br patent Fitzherbert grant f h before other inheritance the king have as  well to use and enjoy himself as to grant to another sure the possession  remainder or reversion as house land rend commons herbage and pannage and the  like which be parcel of his inheritance it be resolve that the king be not g    a a b more h b lane   b a   b b   a   b   b a hob cro car Yelv roll dyer pl pl    Ent a ass Br patent Br avoid blow a Mod Rep kelw b b g deceive in his grant  for he have recite the estate of Markham which he have in the herbage and  pannage for term of his life and that Markham be then live so that the king  well know that he can not grant that in possession which another then hold for  his life but it ought to take effect as it may by law and the case of the Lord  chandos in the six part of my report be resolve to be a strong case for there  the king mistake the law think that by the surrender of the letter patent the  estate tail be extinct and that he thereupon be seize in fee and therefore he  grant the manor in possession and yet the a   b a b   light b   a b Cr car   b    a dyer pl pl blow a a e grant e Fitzherbert feof Fitzherbert grant h Br  grant roll Rep hob lane Br n c light Rep Brownl a reversion do pass without  any word of reversion for the grant ought to take effect as by law it may  which case of the Lord chandos be affirm to be good law per totan curian but  in the case at bar the king mistake nothing nor take upon he to grant that  which he can not grant nor be deceive in any part of his grant and when the  king charter may be take b   a   a   a b Bulstr   b kelw a a Siderf Leon roll  a b b to two intent good in many case it shall be take to such intent as be  most beneficial for the king but if it may be take to one intent good and to  another intent void then for the king honour and for the benefit of the  subject it shall be take in such manner as the king grant may take effect for  it be not the king intent to make a void grant and therewith agree the reason  and rule of the book of c keb dyer pl Br patent   a Br exemption   a   b blow  a a b b Fitzherbert grant Br expose more hard roll Rep Siderf c e b where king  Richard second grant to the abbot of Waltham that be and his successor shall  not be collector no  c concess king per clerum England nec elicit ind parcel  in that case if the grant be take literal per clerum England that be per totan  clerum England the grant be void for all the clergy of England never meet at  one convocation but every province have a several convocation and therefore  the king grant shall not be take in such sense for they the grant will be void  but it shall be take in such sense as it may stand with law and that be by the  clergy as the clergy can grant ten and that be in their several province and  that be also a strong case than the case at bar for here the word of the grant  may well stand with the king meaning sure to grant the herbage and pannage in  reversion for in possession he can grant it but in the case of Edward the word  of the grant and the king intent vary the letter give place to the king  intention and the case of sir d   a postea a d John Molyns in the six part of  my coke b report be cite in which case also the word be against the king  intent for at the time of the grant there be not any chief Lord for then all  signory coke report a er p be extinguish but yet for e   a e the king honour  and to make his grant take effect it be adjudge that the tenure be revive it  be resolve that there be not any uncertainty in the say grant of the herbage  and pannage to the plaintiff when it shall take effect in possession for it  shall f before a b Brownl jenk cent Brownl f begin when the first grant shall  be end or determine and although it may determine by sundry way sure death  surrender or forfeiture yet it can determine but once and which of they first  happen then the grant to the plaintiff shall begin so that there be not any  uncertainty in this grant for it be imply in law that the second grant shall  begin after the determination of the first grant et a   a hob Mod Rep light  Rep hard roll Rep roll Rep palm wing Max   b   a   a   a   light a a Inst sand  Bulst latch a expulsion out the dawn queen facile sew up nothing service and  therefore if the king recite that such a one hold the manor of d for his life  grant the say manor to b for his life in this case the law imply that the  second grant shall take effect after the determination of the first grant the  same law of a gift in tail or a grant in fee and it be say by coke b wing Max  b chief justice and affirm by the other justice that of late time such nice  and strict construction have be strain by some of letter patent to subvert the  force and effect of they that many good letter patent be draw in question  which be to the king dishonour the disherison of the subject and against the  true reason and ancient rule of the law as appear in all our book ettalis  certitude certainty to pour together such nice and captious pretence of  certainty confound true and legal certainty et c wing Max   a post b Bulst  roll Rep c insult exhibition be queen to destroy et to pour together woven  fabric and it be say that it be resolve in auditor king case that where queen  Elizabeth grant a manor to b d jenk cent roll Rep Bridgm d and his heir in the  premise of the letter patent to have and to hold the say manor to b and his  assign leave out heir in the habendum that the fee of the manor do pass by the  premise of the letter patent and the habendum be void for the premise be  certain enough to pass the feesimple and the omission of heir in the habendum  shall not overthrow that which be certain in premise which case be affirm for  good law per totan curian for the queen intent appear to pass the feesimple by  the premise and her grant ought to be construe e Bulst   a h a e secundum  thought king etnon deception king and when a literal and strict construction  be make to make his grant void contraintentionem king it sound in deceit of  the king and be a great indignity to he near apicesJuris to make his charter  under the great seal of thing which he may lawful grant void and of none  effect because f roll Rep   a   light a b b Nov   a f apic law non are jura  coke a and as to the case of office it be say that the say book which be cite  prove that the king can grant g ante b   a dyer pl pl   a march Rep Cr car  roll   light b hob Inst e b h grammatical case ultimo h a h b Br pat  Fitzherbert grant Cr James g return duty for he have no reversion but a  inheritance grantable in reversion also when one be officer for life if the  king without h roll h recite it grant the office to another for life the  second grant be void for want of a recital but no book say that if the king  recite the first grant of the office c and that the officer be live and grant  the office to another for life that this last grant shall be void for want of  certainty of the beginning for the law upon the matter which appear shall  limit the beginning to the end of the king grant coke report b er p shall not  be void and exception be take to the plaint forasmuch as in allege the grant  make to the say though Markham the plaint be that queen Elizabeth do grant  duty guard to act sparingly Himself peremptory or urgent call clipson park  without say a cro Elizabeth Ventris Cr James palm a predict and therefore it  be object it shall be intend another park but it be resolve that upon  consideration of all the part of the plaint it appear that it be the same park  for the plaintiff begin his plaint pro distinction unconstrained tenementi de  duty predicto also he show that queen Elizabeth be seize c de Fate predicto  and so seize grant duty to act sparingly Himself de clipson which ought to be  intend the same park whereof the seize be allege at the time of the grant and  eastern rather in respect of this pronoun possessory Himself and in all other  part of the plaint predict be add so that it be well say in near be case in  the five part of my report that there be three manner of b   a and note Bulst    light a b certainty certainty to a common intent and that suffice in bar for  those who defend themselves to a certain intent in general and that be  sufficient in indictment plaint count replication c to a certain intent to  every particular intent and that be reject in law b Vid note a near be case    a b for there it be say quod ankle certitude certainty to pour together and so  it be adjudge in the point in the assize bring by the lady c Cr James c Russel  against the Lord admiral and this assize be after a general verdict for the  plaintiff for part and a special verdict for the residue adjourn into the  common plea judgement be there give but assize ought to be bring in   a to  appropriate county by the statute of great Charta d Inst d cap and afterward  on this judgement a writ of e Bulst Brownl e error be bring and all that which  be resolve by the court of common plea be affirm for good law by Fleming chief  justice Fenner Yelverton William and crook justice of the king bench but for  other error not assign nor move in the common plea in which the justice of the  king bench be not unanimous agree the judgement be reverse and so this case as  to the coke b point report by I be unanimous resolve by both court and  afterward on a new assize bring before Warburton and foster justice of assize  in the county of Derby at the next assize the plaintiff have a general verdict  accord to the opinion of all the justice and judgement also at the same assize  and execution award c et such finitan be this qustio