coke b the case OF the churchwarden OF saint saviour in Southwark Trin James  queen Elizabeth by letter patent demise the rectory of S to the corporation of  the churchwarden of S for year afterward the queen by other letter patent  recite the former letter patent and that the churchwarden late have and now  possess the say letter patent and all the estate interest c have surrender  they to he cancel demise to the say corporation the say rectory for year in  consideration of the say surrender c and also of a fine of pay by the say  corporation the corporation at the time of make the lease for fifty year  deliver up the first letter patent to he cancel and then pay the officer of  the court the fee due for cancel and enter a vacat but no vacat be make of the  enrolment hold a actual surrender be not necessary a interest termini can be  express surrender but the acceptance of a new lease be a surrender in law of  it the delivery of the letter patent in chancery to he cancel by their hand  without write be sufficient in a special verdict it be not necessary to find  the payment of the Skinn in a information of intrusion prefer in the court of  exchequer by the king together with the advowson and then the king t grant the  manor of L etadvocationem church de l speech archbishop little while ago spec  and which be regrant to the say king by the say archbishop and former belong  to the abbot of g c to such a degree plene as the say archbishop or abbot have  it or as it be in our hand by anyway or mean howsoever the court recognize the  authority of whistler case and hold that the advowson pass king v bishop of  Rochester Mod SC Mod holland v fisher Bridgm Vid ante note b a vin pl coke  report a er p attorneygeneral which be enter hill James king rot against  Thomas Harvey John martial Abraham green and other for intrude into the  rectory of the parish church of saint saviour in the county of Surre october  year royal power king James c upon not guilty plead the jury give a special  verdict to this effect that queen Elizabeth be seize of the say rectory in her  demesne as of fee in right of her crown and by her letter patent hear date  fever year royal power Himself demise to the churchwarden of the parish of  saint saviour in Southwark who by such name be incorporate by Act of  parliament in year h and so find the say rectory from the Feast of saint  Michael then last pass for twentyone year by force whereof they enter and be  thereof possess and afterward the say queen by her other letter patent hear  date the Nov and royal power Himself recite the say lease per predictas litter  patenes port dal fever year dict recently ring confect quas indeed litter  patenes et totum position distinction interest boundary a year thus far future  de et in prcomissis beloved subdit our men Thomas Norton gardiani dict church  parochial modus to have et ad prsens to have and hold we sursumreddiderunt et  to set up again cancelland how indeed sursumredditionem acceptam per prsantes  coke a to know therefore quodnos ad humilem candidacy gardianorum parochianor  dict church sonnet savior de Southwark tam in consideration sursumredditionis  prd how in consideration quod prd recently gardiani ecclesiastical parochial  prd post datum to say nostraram a letter to stand open superius mentionat One  to put under house aptan et agreed pro school grammaticali ibidem tenant infra  paroch consecrated savior prd pro erudition a male child ejusd paroch cost  eoruin et expenditure to raise up et dificaverunt nor pro fine of coin England  ad recept scaccarii nost ad use our men per prfatos modus gardianos unbound  demise the say rectory to the say Thomas Norton c now warden of the say church  from the Feast of the annunciation of our lady then last pass for the term of  fifty year and further find that the say warden at the time of the make of the  say lease for fifty year surrender and yield up the say letter patent of  Elizabeth to he cancel and then pay to the officer of the court of chancery  the fee due for cancel they and make a vacat of the enrolment of they and that  they then be possess of the residue of the say term of year but no vocal be  make of the say enrolment of the say letter patent and that the defendant and  other be warden have enter into the say rectory by force of this late lease  prd temand if the entry of the say defendant as warden be lawful or not be the  question and this case be often argue at the bar in sundry several term and  now this term it be argue by sir Edward Bromley sir James Altham and sir  George snigge baron of the exchequer and sir Lancelot Tanfield chief baron and  in this case three point be resolve first that a actual surrender be not  necessary in this case because these word modus to have et ad prsens to have  and hold c prove that at the time of the make of thesaid letter patent the say  churchwarden have the say term for year in they and therefore it express  appear that the king intention be not that they shall make any a surrender  before the patent but that by acceptance of the letter patent they have the  term then in they their estate for year shall be surrender and where the word  be sursumreddiderunt to set up again c in the preterperfect tense it be to be  observe that the word be modus to have ad prsens to have and hold  sursumreddiderunt to set up again c which be true in construction of law for  in judgement of law the surrender b precede the new lease and in many case the  preterperfect tense be put for the present tense as dedimus coke b to go away  pro fallow to go away c to which surrender in law the king express agree by  these word how indeed sursumredditionem acceptam and the king be not deceive  thereby nor prejudice in estate interest value or remedy and although the  lessee be a corporation aggregate of many and can not make a express surrender  c without deed in write under their seal yet they may by act in law surrender  their term without write for d strong et potentior et disposition law a hob  roll Rep Jones b Jon c   a Br Tresp Br Corp h b h b h b h S b b Baily h b d    light a   a b   roll Rep hut side coke report a er p how man as in h if a man  have interest termini pro boundary a year to begin at Michaelmas he can  express surrender this interest but if he take a new lease for year this  acceptance be a a surrender in law of the first lease so if a prior with the  consent of his convent make a lease for year render rend if the prior by deed  express release the rend and die the successor shall recover the arrearage but  if the prior have oust the lessee and die this discharge in law shall  discharge the rend which incur during the ouster against the successor as it  appear in h and this construction and no other stand with the word and  intention of the say letter patent but if b two construction may be make of  the king grant then the rule be when it may receive two construction and by  force of one construction the grant may accord to the rule of law be adjudge  good and by another it shall by law be adjudge void then for the king honour  and for the benefit of the subject such construction shall be make that the  king charter shall take effect for it be not the king intent to make a void  grant and therewith agree sir c I Molinss case in the six part of my report it  be resolve that the d delivery make by the warden of the say letter patent in  chancery to he cancel c which be part of the consideration by their hand  without write be sufficient and as much as they ought to do and it belong to  the Lord chancellor or his officer to have cancel they and every one ought to  do what belong to he to do it be resolve e that it be not necessary to find  the payment of the say twenty pound which be one of the f consideration of the  lease for that be but a sum of money in the personalty and affirm by the king  to be pay and satisfy in time before the patent and so a personal  consideration execute and therewith express agree h Br patent note reader I  have see diverse other letter patent coke a make upon like consideration and  have such word modus to have to have and hold and no actual surrender be ever  make in a of they vide g berwick case in the five part of my report fol vide  the case of Alton wood in the first part of my report betwixt which and the  case at bar the difference appear