case barker against sir nicholas bacon by a grant of tithe infra of de b ac  etian all men alias Decimus monastery de b spectant who heap to be per  eleemosynarium the same monastery the tithe infra of de b pass though not  collect by the almoner of the abbey for they be distinct clause and the  restrictive word at the end of the second clause do not refer to the first  post SC more SC Yelv assize Edward pl dyer Cowp dougl prohibition to stay a  suit for tithe the case be upon demurrer that queen Elizabeth in the  thirtyseventh year of her reign grant by her letter patent to sir Nicholas  Bacon all men et of every sort Decimus a grain herbagii milk agnor a male c  infra of de bury consecrated edmundi ac etian all men alias Decimus recently  monastery de bury consecrated edmundi quondam spectant et who heap to be per  eleemosynarium of the say abbey by reason of this patent sir Nicholas Bacon  claim the petty tithe of lamb c in bury the plaintiff claim they by a second  patent from the queen aver that no tithe be collect by the almoner except  tithe of corn the question be whether the small tithe shall pass by the first  word or be restrain by the last word et who heap to be per eleemosynarium it  be aver and confess by the demurrer that no tithe be collect by the almoner  except tithe of corn after argument at the bar it be resolve by the whole  court that all tithe infra of de bury pass by the first word and they be not  restrain by the second for they be grant particular and indefinite and without  restraint and therefore the restraint come only to the last clause which be  general ac all men alias Decimus speech monastery recently spectant and do not  extend to the first clause which comprehend in itself convenient certainty and  it be not like to the case of hall v croak James er p pert a and Bozouns case  b report by Mr attorney for there the sentence be in all respects that  messuagia in tenure b situate in W c every part thereof ought to be true  otherwise nothing pass for that be not serve until the end of the sentence and  it be all but one entire sentence and no part thereof be vain but here the  sentence be distinct and the restraint refer only to the last sentence and  this case be the strong for the second sentence be ac all men alias Decimus  which refer that it be other tithe than what be intend to pass by the first  sentence also it be more general than the first for the first extend only to  tithe in bury but the second be of all tithe recently pertinent monastery de  bury which be wherever and therefore have that restraint et who heap to be per  eleemosynarium wherefore for these reason it be adjudge for the defendant