coke Report34b BOZOUNS case mich and Elizabeth in the king bench S a godb roll  S a cite send for hard hob Cru dig yin Abr grant h pl prerogative g a pl r b  pl z b pl reversion g pl Com dig disuses a a fait e grant g see the note and  reference infra a portion of tithe in l appertain to the rectory of g which  divas a rectory presentable and all the other tithe in l be parcel of the  rectory of l appropriate to the late monastery of d the queen be seize of the  say rectory of l grant by letter patent ex certan scienta c to two person and  their heir all that portion of tithe in l in the occupation of I S with a  clause of non to stand before I S never have any tithe in l in his occupation  hold that the grant be void because saint the last word in the occupation of I  S refer to all the sentence and a portion of tithe in gross be intend to pass  and not the rectory and though the grant be en certan knowledge c yet that  will not extend to pass any thing against the queen intent and the proper  signification of the word and when the king by the commonlaw can in any manner  make a grant or when the word of the grant be not sufficient ex way termini to  pass the thing grant a non to stand before will not render it good sect when  the commonlaw allow the grant or when the word be of themselves sufficient to  pass the thing grant and the law mere require that the king be not deceive as  a grant of a protection in quare hinder or assize with a non to stand before  be void but the king grant of land in lease notwithstanding it be in lease for  life or year of pl incident b pl Bac Abr officer l and therefore the sheriff  must have land sufficient within the county to answer the king and his people  ib e saint Edward e Edward c Edward c car c S which be the only qualification  require from a sheriff b Com n the sheriff be answerable in civil sphere but  not criminalite for the act of his bailiff latch dalt Sher Inst Bac Abr  officer l Sheri h and it be no objection to his be call upon to answer in  civil sphere that the act do by his officer will also warrant a criminal  prosecution against they nor be it necessary to find a proceed against the  sheriff to show a recognition by he of his bailiff act Ackworth v step dougl  Anderson v baker will b Rep Woodgate v knatchbull t r Bac Abr sheriff h ED m  see the book cite in the last note ED n S a cite by Raymond I raym who say  that so the gaol of liberty be incident to the lord of the liberty yin Abr  gaol b pl Bac Abr sheriff h ED coke report a er p record or otherwise be good  so if he grant a reversion expectant on a lease for life or year and the  letter patent be patent of concealment be not aid by the Elizabeth c the case  between futter plaintiff and bozon and other defendant as it be find by  special verdict be such a portion of tithe in Longham in the county of Norfolk  appertain to the rectory of Gresenhall which vine a rectory presentable and  all the other tithe in Longham be parcel of the rectory of Longham which be  appropriate to the late monastery of Wendling within the same county of which  rectory of Longham queen Elizabeth be seize in her demesne as of fee in right  of her crown and by her letter patent bear date January year Elizabeth ex  agreeableness not general certan knowledge mero movement grant to Nicasius  Yertesworth and Bartholomew Brockesby and to their heir totan that part no   garbarum Sharon in Longham in come norf cum omnibus allis Decimus nest whoever  in Longham in speech come norf tunc well recently in occupation John Corbet  and further grant by the say letter patent that they shall be of force and  erect against the queen her heir and successor non to stand before male  nominand well male to read out pillage part decimar another praemissor et non  to stand before some other diminution in non nominand well male to read out  well non nominand alicuj to hold sive occupatoris and it be further find by  the juror that the say John Corbet never have any tithe in Longham in his  occupation and if all the tithe in Longham parcel of the say rectory of  Longham shall pass by the say letter patent or not be the question in this  case four question be move whether the last word so in the occupation of I c  shall refer to the first word know tot ill portion decimar garbar coke  Report35a a people of India in Longham in speech come norf or only to the  latter word know cum omnibus other Decimus c when the queen grant totan that  part no  garbarum in Longham if the tithe which be parcel of the rectory of  Longham shall pass if the say first word totan that part no  be so certain  that the last word be false shall not make the grant but the superfluous word  void if the non to stand before shall supply the defect of the mistake of the  former as to the first it be resolve by sir Christopher Wray chief justice sir  Thomas gaudy totem curian that the last word refer to the whole sentence  because the word be totan that part no  garbarum a people of India c so that  this pronoun that show plain that there ought to be word subsequent to explain  and reduce into a certainty what portion by the queen intent shall be grant so  that which be in occupation f John Corbet and therefore this pronoun that be  not satisfy till it have come to the full end of the sentence a this  conjunction cum omnibus other Decimus nest c couple the latter word to the  former and make the word subsequent refer to the whole sentence if the first  word will convey all you tithe of the say rectory then the addition of the  occupation of John Corbet to the subsequent word will be vain and nugatory et  b insult exhibition be who to destroy woven fabric as to the second question  it be resolve that this word c part proper signify a part or portion in gross  divide and not parcel of the rectory of Longham b and in the case at bar the  queen have not any portion of tithe in gross but all be parcel of the rectory  and although the queen grant be ex agreeableness not general certan knowledge  mere movement yet that will not extend the queen grant against her intent and  meaning express in her grant nor by any strain construction make any thing  pass against the apt and proper signification or at least the common and usual  intendment of the word of her grant a and as well the proper and apt a cro car  more palm see a f infra a see ante   p and n a ib ED b   a   b b Bulstr roll  Rep infra n g c godb keb see n infra b Acc Com dig grant g ante I b c that by  custom a portion of tithe in one parish may belong to the rector of another  parish ante two a m Com dig dime a ED a that a grant en certan knowledge c  shall not be construe contrary to the proper signification of the word ante I  b c Com dig grant g ED coke report b er p signification as the usual  intendment of a portion of tithe be of tithe in gross and not parcel of the  rectory and therefore no tithe parcel of the rectory in the case at bar shall  pass d and as to the three point when the queen grant totan that part c adtunc  well recently in occupation John Corbet and Corbet have no tithe there it be  resolve that nothing d pass thereby e for admit that this word part shall be  take for a part then the erect of the grant be totan ill parten decimar our  men occupation I Corbet and in truth he have never any part without question  nothing shall pass for the incertainty if it be in the case of a common person  a coke Report35b strong in the queen case as to the last point these two  difference be take and resolve by the court know when a clause of non to stand  before shall make the queen grant good when not when the queen by the  commonlaw can in any manner make a grant there a a non to stand before of the  commonlaw will not against the reason of the commonlaw make the grant good a  but when the queen may lawful by the commonlaw make the grant but the  commonlaw require that she shall be so instruct that she be not deceive there  a b non to stand before supply it stand with the reason of the commonlaw and  shall make the grant good g and therefore if the king grant c a protection in  a quare hinder or assize with non to stand before of any law to the contrary  this grant be void a for by the commonlaw protection cloth not lie in either  of those case for the loss which may happen to the plaintiff by such great  delay and therefore the non to stand before can avail when by the commonlaw  the king can grant it for the reason aforesaid as it be rule in h a but when  the king make a lease for life or for year he have the reversion in he which  he may lawful grant but the law require that the king in this case be not  deceive in his estate so to grant the possession of the land where he have but  the reversion I and therefore when he d grant the land notwithstanding e that  it be in lease for life or year of record or otherwise or if he grant the land  f and further grant the reversion of it dependent or expectant d so the king  grant of all the demesne land of a manor shall not be extend to copyhold  though by law they be parcel of the demesne ante   b I by as to a subject  grant ibidem ED d light Rep roll cro James lane Poph more keb hard roll Rep  godb   a   a   a vin Abr prerogative r b pl come dig grant g e S a S a cite  send for yin Abr grant h pl prerogative z b pl Com dig fait e grant g as to  the certainty requisite in the description of the premise see l Dowties case  three p b n b and the book there cite ED a day Vaugh roll Rep hard f S a and S  p godb hob yin Abr prerogative you a pl it be say that the king can not in any  case dispense with the commonlaw though ld c I Vaughan seem to have be of a  different opinion see day Inst Vaugh Inst a I as to the dispense power of the  king general see post   b and the note there Inst a I b Com IV Bac Abr  prerogative d Com dig prerogative d ED b hob roll Rep g S c and S p cite send  for hard Cru dig yin Abr prerogative you a pl ED c   light a h a h b h a roll  Br protection Fitzherbert essoign ass per Thorp   a Com dig dime a h Acc godb  yin Abr prerogative you a pl sup n a ED I when a recital be necessary to the  validity of the king grant or not ante   I and n l ib and the book there cite  ED d roll e cro car hob vin Abr prerogative r b pl Com dig grant g f roll and  vin Abr prerogative r b pl Com Digs grant g coke report a er p upon any estate  for life or for year in both case the grant be good king first because it  stand with the reason of the commonlaw SC that the king be not deceive in his  grant in some case it may be doubtful whether the lease in possession be good  or not and if the king recite it and grant the reversion and afterward it  shall be determine by judgement in law that the lease be void the grant will  be void also which often trench to the disinherison of the patentee which  hazard be avoid by this resolution admit that all the lease be good if they  all ought to be recite or otherwise the letter patent shall be void it will be  great danger to the patentee if he omit or misrecites any of they great danger  if any lease be not enrol great charge in search for they and great charge in  recital of they which in some case draw the letter patent to such infinite  length that they deserve to be call elephantini libri and all this danger  charge and prolixity be help by this resolution when the word of the grant be  not sufficient ex way termini to pass the thing grant but the grant be utter  void there a non to stand before can make the grant good a as in the case at  bar the king grant total allay coke Report36a part no  in Longham recently in  tenure I c here the addition of I c as have be say be of the substance of the  grant and because I c never have any portion there the grant be void ex way  termini and therefore a non to stand before can make it good but in case of a  grant of land which be in lease for life or for year there by the grant of the  land the word be sufficient ex way termini to make the reversion pass m but  the law require that the queen be not deceive in the thing which she grant and  that be supply by the non to stand before n and so the case of the reversion  which be strong urge of the plaint be part be upon evident reason answer and  resolve will Daniel and Robert Snaggs be of counsel with the plaintiff and  Godfrey and coke with the defendant and the say letter patent be not make good  by the statute of Elizabeth cap for they be patent of a concealment and  therefore by express proviso except out of the say Act