Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	king_n	son_n	wales_n	4,447	5	10.4163	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A90794	An exact abridgment in English, of The commentaries, or reports of the learned and famous lawyer, Edmond Plowden, an apprentice of the common law. Concerning diverse cases and matters in law, and the arguments thereupon; in the times of the reignes of King Edward the Sixth, Queen Mary, King Philip, and Queen Mary, and Queen Elizabeth, with the exceptions to the pleadings, and answers thereunto; the resolutions of the matters in law, and all other principall matters arising upon the same. By F.H. of the Inner Temple London, Esq;	Plowden, Edmund, 1518-1585.; Hicks, Fabian.	1650 (1650)	Wing P2609A; Thomason E1297_1; ESTC R208982	174,168	307

H. 6.25 Of vigor of an appeal pleaded against an excomunication the usuall form shall be observed and good as in debt when the defendant acknowledgeth himself to be bound c. So in forgery against one only quod falsa conspiratione habita good 11. H. 6.2 because the usuall form where a man may not have by common intendment precise notice of the certainty of a thing it sufficeth to alleadge this generally as 21. H. 6.9 9. H. 7.15 that executors have administred to B. without shewing what things good because he may not know that another hath administred and that he is not privy So 5. E. 4.8 Obleige to discharge the Sheriff of all things touching his office he said that he had discharged him generally good because for the infiniteness of it Talbot and Corbets case tempore H. 7. upon the same Statute 23. H. 6. where the issue was joyned that Corbet was chosen Knight for the Parliament and he was admitted to prove it c. So 2. E 4. 19. imprison to make an obligation to the defendant to others unknown without naming them good contrary in false imprisonment So 10. E. 4. 19. bound for to serve in all lawfull commands he said that he had served him lawfully untill such a day without shewing in what good So in 12. H 7.14 he had found him meat drink and apparel untill one and twentd yeers without shewing what good So monstraverunt homines without shewing the number because a great number for the Law compels not to shew the certainty of the thing which is not to be known or remembred Brook Chief Justice so 128. and in Parliament the most voices in the upper house shall be numbred by the Clerk of the house for every one there shall be severally demanded otherwise it is in the house of Commons for there the assent is tryed by voices sounding all at one time So in election of Coroners Sanders so 126. the County of Chester was alwayes parcel of the Realm of England yet Knights and Burgesses came not from thence untill the Statute of 34. 35. H. 8. ca. 13. Statute penall extends not further then the words and namely for to punish others as 21. H. 7.21 of malefactors in Parks extends not to Forrests So 13. H. 6. cap. 10. that Sheriffs shall not let their Counties extends not to him which Leases parcel of it 21. H. 7.36 the contrary was held 20. H. 7.12 and before fol. 87. So treble dammages for a forcible entry in an Assise or trespas extends not to entry in the nature of an Assise 7. H. 4. which limit order for the election of Knights extended not to the false return of the Sheriff untill 11. H. 4. was made if London inlarge the Ancient custome viz that a villen shall not be drawn out which hath remained there a yeer and a day because Ancient demeansne 7 H. 6.32 extends not to enlargment So England altered not the subjecton of Wales Rape is made fellony by W. 2. ca. 34. Abetters inquirable cap. 12. and at one time good 2. E. 2.22 E. 3. yet Chapter the 12. seeme to be intended of fellons before made and not by the same Statute Sanders justice the allegation alledged under the viz. is a plain precise and effectuall affirmation in deed proved by Rules in grammer the authority of Latine Authors by the Register 66.160 natura brevium 63.134 h. 135. b. and the opinion of the Doctors of the Civill Law 21. E. 4.49 and after so 143. by Catlin an Abbot in discharge to be collector saith inter Record of such a term continetum that R. 2. had granted to his predecessors that he nor his successors shall be collectors and naught for it may be contained amongst the Records and yet no Record escuage was first invented to suppress the Welch and Scots rebels against whom war was made by the King of England as against Rebels and not as against enemies for that they were subject to England H. 3. made E. 1. his eldest son Prince of Wales and so it hath continued to this time which Act of H. 3. was the first alteration of Wales King E. 1. made the Statute of Snowdon The third was the Statute of 27. H. 8. the welch may sue by quod ei deforceat in the nature of what action they will Statutes sometimes explaines the Common Law Merton cap. 2. quod vidua legare possunt bluda c. and late Statutes aided by equity Statutes made before so lineal warranty Bars not the issue in taile without assets by the equity of Glocester made long before after fol. 78. so Land delivered in execution by the Statute of Marchants 1● E. 1. yet it shall be delivered also to so high extendors although 13. E. 1. speaketh not of it by equity of Acton Burnel 11. E. 1. cap. 2. which giveth goods prised at two high prises in dammage and that the Connusee shall have them for the price because it intended to aide things in like degree although not in esse then Brown Justice to the same purpose and said that in things touching Grammer their predecessors have consulted with Grammarians and pursued their Rules as it appeareth in our books that the the Judges have said proximo antecedenti fiet Relatio the which sentence they might take out of Grammar and he argued that licet was a plain affirmative and that the matter contained under the licet is an affirmation with greater vehemency then it should be without the licet and that the licet augments the affirmation And he argued further that the generall words of the Statute of 27. enabled the plantiffe to take benefit of the penalty and in what he said agreed with Sanders in effect Brook chief Justice Gavel kind commenced by the Brittans by partition of England Scotland and Wales between the three sons of Brute continued by Bellinus Brennus Ferrex and Porrex and was altered in England by the conquest of the Saxons and the eldest son by their Law was inheritable But Gavel kind continued in Wales until 27. H. 8. for it was not conquered Priviledges within certain precincts or Dominions followed not the enlargement of the place So 38. H. 6.10 Liberties granted to the Bishop of Durham in feedis suis extends not to the purchase after So 21. H. 6. Warren is granted to B. in all his Lands in Dale and he purchaseth other Land in Dale he shall not have warren there So a grant of Conusans of Pleas of a thing parcel of the mannor of Dale tenancy Escheats afterwards he shall not have of it For the grant taketh execution of his precinct and circuit at the time of the making of it and the services shall be then parcel of the mannor and not the demeans which now escheat So grant wreck to B. in all his Lands it shall not extend to the Land of which he was then disseised because not his but the disseisors pro tempore Reference to another

to the Livery So in the case of Plessington 6. R. 2. where the Condition was That if the Lessor die within the Term the Lessee shall have for life and there holden that his estate shall be enlarged if the Lessor die So Disseisen to the use of I. passeth not a Free hold of I. to I. without his agreement so here A remainder passeth when W. died not before by force of the words annexed to the Livery So by Litl a confirmation to the Husband and Wife Tenants for life passes the remainder to the Husband yet it passeth not at the time of the first Estate and the diversity where Fee upon Condition is appointed to privy and whereto a stranger is but a conceit which is worth nothing 29. according 24. to the contrary and is privity because it reserveth out of both so it shall bind him in remainder and also he in remainder shall have waste and so is privy to the particular Estate and the Lessor also and the words then which shall remain shall not be intended presently to destroy the particular Estate but shall remain as a remainder ought to divest then and is to be executed after their deaths as if Donee in Tail doth such an Act then to remain to his right heirs which vests when the Act is done and after the Tail ended shall be executed and not presently upon the Act done to avoid the Tail so here There is not any repugnancie or prejudice to any but a thing when it is done made in prejudice of another shall be void as a remainder that he shall have the land in the life of the particular Tenant So 21. E. 4.44 The King discharges an Abbot That he shall not be a Collector when any Titles should be granted by the Clergy of England and Canterbury Grants Tythes provided that the Collector returned by the Bishop shall not be discharged by the King and the Bishop returns the Abbot Collector there holden that the Grant by the Clergie in this point viz. to charge persons exempt is void because it is in prejudice of others And so the remainder here shall be void rather then a shranger shall have prejudice by it but for defaults in the pleading the Plaintiff ought to recover Hinde Justice to the 3. exception the death of the particular Tenant shall not be shewed which is onely conveyance of the execution of the remainder and is not Traversable nor Issuable To the first and Second exceptions he needs not shew his continual residence after the Remainder is fallen nor the day of his entry because it is a Condition subsequent and goes in defease of his Estate and he which hath benefit by it ought to shew it as 29. H. 6.22 the Grantee of an annuity pro concilio impendendo shall have the Annuity without shewing that he hath given Councel for that the shewing of it is not beneficial to him and the denial of Councel defeats the Annuity so he agrees to the diversity in case of Annuity 15. H. 7.1 bont fol. 25 by Pollard when one shall be promoted and therefore the shewing hereof that which is surplusage and the imperfectness of it shall not make the Bar vitious and the Remainder here by him commenceth not upon Condition but it is a limitation and explanation from the time that it first begun for nothing or words makes a Condition but such which restrains the thing given as If I. Lease for life upon Condition That if the Lessee die or maketh waste and I. recover the place wasted or any parcel of it That I. shall enter into all for it is a Condition for that part in which no waste is done because it restrains and defeats that part And if it be a Condition here yet the Remainder thereupon is good if it commenced and vested at any time during the particular Estates 24 29. 32 34. for when he hath Fee-Simple he may Condition with it as he pleaseth if it be not against Law as if I. Lease for life upon Condition That I. S. paies to me 20. l. that I. shall enter then the Remainder is void because the entry avoids the first estate and then no particular estate continues upon which a Remainder may depend Brown Justice to the same purpose The entry of the Defendant shall be intended immediately for this is the most common intent and a Bar good to a common intent shall be intended that he entred presently after his Title accrued and to the matter in Law hold that the remainder shall be good upon Condition Montague Chief Justice to the same intent The entry of the Defendant shall be intended presently for this is the most common intent and a Bar good to a common intent is good as 21. E. 4.83 in Assize the Tenant pleads a discent to him as Son and Heir and he entred and it was held good yet the Father of the Plaintiff might have abated and died seised and then the Plaintiff is in as Son and Heir in which case the Tenant might not enter But this is not intendable but the most common intent is That the Tenant entred immediatly after the death of of his Father So 9. E. 4.12 in Debt against five Executors at the Distress 3. makes Default 2. appears and pleads Recovery against them two of 300. and that more they had not in their hands Exception taken That because by intent there should be five Executors two might have abated the first suit and so the Recovery not duly had but holden good because it may be that then they two onely administred and then they did lie against them two onely and the most common intent is that it might be so rather than at first to lose advantage to have abated the Writ and therefore the Plea in Bar was held good and Execution duly had and if it were otherwise the Plaintiff ought to have shewed it So 21. E. 4.8.1 In formidon in discender The Tenant pleads the release of the Demandant without Warranty in Bar yet might be made by him in the life time of the father and then it is no Bar but it shall be intended to be made after the death of the Father if the Demandant replies not to the contrary but if he which pleads in Bar is bound at a time certain he ought to shew the day of his Act certainly 24 26 27. as the day of entry for Mortmain so that it may appear to be within the year So if one justifies for Common between Lammas and Candlemas So if one justifies by Warrant by Licence by Authority he alwaies ought to shew the time certain of his justification so that pleading in abatement of the Writ or a plea after the last continuance ought to plead certainly and these are observed as principles in our Law but he which pleads in the Negative ought not to plead certainly If he would dwell c. It is like that it is not a Condition here because it is not

uses in the first branch of it executes the possession according to the quantity of the State in use And the quantity of the State in use was for that Term of the life of the husband and wife ergo the Estate executed by the Statute shall be to them also for their lives according to the use aforesaid The second branch of the Statute executes the possession according to the quality of the Estate in use But the quality and manner of this Estate was by purchase for they shall be purchasers of the use therefore she shall have the Land as a new purchase and in no other manner for the words Affirmative in the Estate includes a Negative for that where the Statute appoints or limits order or form in things which shall not be by the Common Law before by words Affirmative in the Statute includes a Negative and shall not be in any other manner then the Statute appoints as execution of uses hereby 27. H. 8. and of voucher as if he were Tenant by W. 2. cap. 4. 14. H. 7.18 and after fo 206. and entry for forfeiture by Jointures by 11. H. 7. cap. 20. before fol. 56. but contrary and its words in the Negative viz. and not above twenty one yeers and the continuance of the State shall not alter the possession in other degree then the continuance made it at first where the entry is taken away contrary it is where the entry is lawfull as if the disseisor maketh a Feeffment to the use of the diffeisee and is in possession by 27. H. 8. but untill his reentry is not remitted yet after he shall in respect of the first disseisen and not by possession transferred by the Statute 3. The wife here is not remitted because the Statute of 27. H. 8. executes the possessions of the remitter c. And if it should be a remitter the remainder shall be defeated and void thereby contrary to the words of the Statute And although that by the Feoffment the freehold passeth to the wife and she remains Tenant thereof after the death of her husband and is Tenant to the precipe of a stranger untill her disagreement or disclaimer yet she may use her action against him in the remainder which is a disagreemen in Law to the use and possession conveyed by means thereof and then the possession vests in the next remainder as if the wife had not been named or had been a dead person in Law So if it were to the use of the wife in fee if she refuse it she may use her Action of Cui in vita against the Feoffor or his Heir for by her refusall they are Tenants to her Action and the use reflects to the Feoffor or his Heir for upon a Feoffment to the use of one which refuses which is as to the use as a dead person or of the thing insensible as Pauls Steeple there wanteth considerations and then the Feoffment shall be to the use of the Feoffor and by using of her Action she may purge the incombrance by her husband and so no inconveniency if she were not remitted as was objected It is not a remitter as the case here is if the Estate had been made by immediate Feoffment because the husband survives the wife Littl. here presently fol. 150. she is Tenant to the Action of the Heir of the wife and therefore in 21. E. 3.26 Ass 2. that the Heir in like case enter upon the husband bringeth an Assise and good no Law now by Brook Remitter 41. The Earle of Darby against Newdigate THe Earle challenges the Array of the Pannel because that he is a Peer of the Realm 2 Ma. in the Common pleas Aslise and no Knight is named in it and adjudged a good Challenge according to 13. E. 3. Fit H. Title Challenge 115. Challenge by the Bishop of Exeter was taken in Quare Impedit because he had not a Knight named in the Pannel and it was allowed Buckly against Rice Thomas DEbt upon the Statute of 23. H. 6. by Buckly Knight M●… Mar. in debt against Rice Thomas the Plantiff counts that although he was returned a Knight of the Parliament in a County in Wales whereof the defendant was Sheriff by the greatest number of Freeholders of the County yet the defendant returned not it But that another was chosen Knight and recites how by the Statute of 27. H. 8. Wales was incorporated and annexed and made parcel of England and the Welch Nation by this enabled and made inheritable to all liberties franchises rights priviledges and laws of England as other the subjects of the King of England had and adjudged that he should recover 1. For that the allegation alleadged under the licet is a precise affirmative by the Rules of great authority the Latine Authors by the Register and opinion of Doctors of the Civill Law by Brook 2. That the Plantiff need not to shew the number of choosers in certain for the Infiniteness of it and for the impossibility that he should take notice of it 3. That the penalty of the Statute of 23. H. 6. for false returns of Sheriffs upon election of Kinghts of the Parliament and all other Laws of this Realm extends to the Welch Nation by the last clause of the Statute of 27. H. 8 which enables them to it and not by the generall words of this which makes it parcell of England The most voices in the upper house shall be numbered by the Clerk of the house for every one there shall be severally demanded Otherwise in the Commons house for there the assent is tried by the voice and are all at one time So in Election of Coroners fol. 126. a. Stamford Justice Declarations ought contain the materiall points pertaining by apt words of affirmation and not by recitall or implication As by debt upon an obligation it appeareth by the obligation that the defendant stands bound to the plantiff in ten pound the which he hath not paid So upon an escape by which the plaintiff was excluded from his debt is not good because he saith not that for the matter in fact he was not satisfied when the prisoner escaped So 38. H. 6.14 for debt for a salary declare upon retain in all occupations the defendant shall have his Law howbeit that the generalty imply husbandry in which Law lieth not which is not expressed plainly but by implication that he was retained in Husbandry The Law of England prays aide of other faculties and Sciences in matters appending to it as of Grammer for the exposition of Latin words as of a renuntiavit toti Communiae 9. H. 63. So adjudged imaginavit which was amended in the writ because no such Latin 9. H. 6.35 So of Penticosts 11. H. 6.2.9 H. 7.16 of Latin for fine Gold by Sanders fol. 125.7 H. 6.11 aide of the Civil Law for difference of Compulsion precisa causativa 21. H. 7.35 of Surgeons for maihem of the Canon Law 20.

end and expiration of the first Term of years the Lessor maketh a Lease for life to the first Lessee for years during the first Term and the second Lessee Enters and upon an Ouster bringeth Ejectione firme and by the Court it well lyeth 1. By the Law by a Grant of the reversion of the Farm the Farm and all the Demeasnes of it pass because it is nomen collectivum and certain in its self and so it was adjudged in the case of Bridges That by the Demise of the Farm the reversion and rent incident to it passeth 2. That the word Reversion shall be intended land reverting in the premisses and the habendum and not the estate in reverter which hath his continuance but in respect of the Term and during it it is a Grant of the reversion habendum the farm or land or reversion after the particular estate ended are all one 3. That the second Lease for years commencing by any determination of the first Lease whether it be in Law or in Deed and the expiration refers to the Term and not to the years Term is an estate in or for years and is finished when the estate is finished and this may finish when the years remain If a man marry with a woman Termor and the woman dies her husband shall have the Term for notwithstanding that the marriage hath not divested this out of the woman during coverture yet by her death this is given to the husband by Act in Law because it is a thing in possession and not in Action The Law is the Common use in Letters Pleas and Judgements and the Common Law is but common use by Anthony Brown fol. 195. Stradling against Morgan EXceptions alleadged in arrest of Judgement 2 El. Exchequer debt upon not guilty pleaded by the Defendant and found against him 1. The Plantiff hath shewed in his Declaration That the Defendant was then receiver c. and saith not That the Mannors were the Queens then and therefore shall be intended more strong against him then it should be to a common person and by consequence the Defendant is Baily to a common person by the Court. 2. That no receiver or Baily accomptant of a common person shall be within the Statute of 7. E. 6. c. 1 but onely of the Queen by the Court. 3. That the Action was not maintainable and the matter well alleadged lieth in the Queens Courts at Westminster notwithstanding the Statute of 34. and 35. H. 8. for Wales for that they are in the Affirmative and not in the Negative 4. That by this Statute an Action of debt by original Writ lieth for the forfeiture in the Exchequer howbeit that the party hath not cause of priviledge there 5. The Plaintiff ought to make mention of the Statute of 38. H. 8. and 7. E. 6. in his count for that the one is founded upon the other 6. He ought to shew expresly in his Count That the Queen was seized and made him her Bedel 7. Jeofails remedies not mispleadings in counts adjudged in Moon and Cliffords case In Debt the Plaintiff counts That whereas he was Bedel and Collector of certain Mannors by vertue of Letters Pattents of H. 8. and had a Fee for it the Defendant being Receiver of the said Mannor in 3. and 4. P. and M. took extortion for the payment of his Fee viz. 4. d. for every pound against the form of the Statute of 7. E. 6. the Defendant pleads not guilty and found against him And yet judgement given against the Plaintiff because the Count was incertain to whom he was Receiver and shall be intended against him then done to a Common person and a Receiver of a Common person is not within 7. E. 6. yet within the words for the intent of the makers shall be observed in the exposition of Statutes and so acts general in words have been expounded to be but particular where the benefit hath been particular As the King shall not have Wardship of lands which discends to the youngest Son but of that which discends to the heir general 12. E. 4. Stamford fol. 8. yet the Tenant dyed seized of others in Fee because the Statute of Praerogativa regis cap. 2. intends where the land is holden of the King and a Common person discended to the same Heir where one is Heir to the Tenant And Praerogativa Regis cap. 3. intends not that Soccage in capite shall give to the King primer seisen of lands holden of a Common person yet the words are general before fol. 109. Stamford Prerogative fol. 13. So Marlebr cap. 4. intends where Signiory and Tenancie are in the same County and therefore the Lord may bring a Distress taken in one County to a Mannor in another County of which the land is holden 1. H. 6.3 30. E. 3.6 before fol. 18. So Glouc. cap. 1. giveth Damages to the Disseisee against him which is found Tenant after the Disseisor for that he is Tenant by his own agreement and therefore the Disseisee shall not recover Damages against him which agrees not to a Feoffment made to him and others by the Disseisor yet he is Tenant but not Tenant by his agreement Litl Remitter fol 153. so long 5. E. 4. fol. 142. if he hath view in a precipe and afterwards abates the Writ for false Latine or for some other cause apparent he shall again have another Writ because there the Court might have abated this without motion For W. 2. cap. 49. although general intends where the Tenant abates the Writ by exception not apparent by 25. E. 3. cap. 16. by non-tenure of parcel no Writ abateable but for the quantity intends if the thing demanded be several as Acres but all the Writ shall abate where the thing demanded is entire as a Mannor before fol. 109. and the intent of the Statute never was contrary to the Text. By W. 2. cap. 25. if one fail of a Record he shall be a Disseisor yet a woman Covert shall not be 11. H. 4.50 nor infant because excepted by the intent yee in words hath included all So extenders shall not pay presently according to the words of Acton Burnel which ought to answer presently c. but shall be debtors presently with the duty and chargeable with the payment and daies payable of the rent or Revenues receiveable So by Exposition it seems against the Text of the Statute and is not because the intent of the makers guides them to it Of the part of the Defendant it was argued That the Action shall be sued there in Wales where the receipt is alleadged although that Wales is united to England by 27. H. 8. because by the same Statute Wales is divided into 12. Counties and by 34. and 35. H. 8. four Justices are appointed for wales viz. one for every three Counties and hold plea of all things within their circuit and one seal appointed for every circuit and all Actions suable there by the words of

viz. That for the amendment of our Stannaries c. and other words in the Charter and albeit the King had some profit of Tin or Lead in some places as a toll dish of Oar that was not in respect of the interest the King had but for the bearing of the Charges of Officers as he had of Merchants of some part of their Marchandizes for the searchers Controller and Waigher because he appointed Officers for that purpose By those of the Earls Councel it was said That if the Law were such that the Mines of Copper in the lands of Subjects shall be the Kings by his Prerogative yet here those Mines and Oar in question pass to the Earl by the Letters Pattents of King Philip and Queen Mary For as to the first Plea they take that the vain wherein the said five hundred thousand weight of Copper was digged could not be called a Mine at the time of the Letters Pattents granted nor pass by the name of Mines for that then the vein was closed and therefore pass by the grant of the Soil as parcel of it And in the second Plea the vein and Oar pass by the words Omnes singulas Mineras c. which admit no exception and shall be taken strictly against the King for those clauses viz. De gratia sua speciali which pretends great favour and bounty towards the Pattentee ex certa scientia which excludes any suggestion and the Great Seal is in witness of Truth and not impugnable in Credit if the King gives a Mannor that he hath by escheat or purchase as intirely as I.S. held it there the advowson pass Trinity 43. E. 3.22 and agreed here yet is not taken there but by implication That the King is knowing of his right and so the King here saith by express words The King Rents the first Grant by his Predecessor and saith Ex certa scientia as we are informed concludes not the King to say that such grant was made by Hussey 9. H. 72. The King Ex mero motu and Ex certa scientia pardons to B. Omnia debita computa it discharges a debt due by him as Sheriff because there is a general pardon 1. H. 7.13 Incertain Return and the King deceived because upon suggestion made the Charter void As three Kings usurp presentations and the King reciting one of the Usurpations restores the Patronage to him upon which the Usurpation was this is a void Charter but adjudged good because of Ex cetta scientia in which case the King shall not say he was deceived or ignorant 3. H. 7.6 So 22. E. 4.44 The King grants de De gratia sua speciali to the Abbot of Waltham to be discharged of the Collection of Tithes which shall be granted by the Clergie of England and Province of Canterbury Notwithstanding the Grant there adjudged good and that the Abbot shall be discharged So 36. H. 6.34 and 37. H. 6.31 A. Returned upon an Exigent quarto exactus where he was Outlawed after the King pardons him Ex mero motu and De speciali gratia all Misprisions Offences Contempts and Deceits there the Amerciament is released by the general words because the Law intends that the King is informed of the thing pardoned as by express words in special So 41. ass pl. 19. The King Grants De gratia speciali to S. That he may give the house whereof he was seized in Mortmain good yet recites not the Tenure in Burgage holden of the King and the house was holden of the King in Free-Burgage The third point argued by the Queens Councell First by the Kings Grant Ex mero motu certa scientia and gratia speciali Mines of Gold and Silver or other Mines Royal will not pass although that it appeareth that it was hidden at the time and appeareth afterwards otherwise of base Mines for those pass but not Mines Royal which are Collateral things to the Soil as are hidden Treasure which passeth not by the gift of the King nor Wreck Straies Waifs c. passe not nor do liberties pass by the Grant of a Mannor As the King gives a mannor within a Forrest which escheats to him yet the Donee may not cut his woods within it without licence of the Justice of the Forrest and the Mannor remains subject to the Pasture of Deer and wild beasts of the Forrest and so thing collateral to the Soil as are things of Prerogative and liberty pass not by the gift of the Soil So Livery to the Heir gives not Right The King assignes Dower to his Mother but the King shall assign it by his Prerogative without the Clause de salva to the wife her Dower by the King assignanda and upon this reason he put the case of 31. E. 3. Three Coperceners of an Advoson the one within age and in the Kings Ward which Grants the ward and Marriage of him and the Fees and Advowsons appertaining to the Ward The King shall have all viz. the presentment of the eldest and middle Sister by his Prerogative because entire and his Prerogative takes away the elder and middle Sisters to present And the King hath three presentments in the Wards right and it passeth by his Pattent but that to which the King is intituled by his Prerogative passeth not without express mention A Pattent Ex gratia speciali c. shall be taken favourably to the Pattentee viz. as to the thing expressed in the Pattent which the words shew to be intended to pass but this will not make another thing to pass not expressed or shewed to be intended by the words of the Pattent to pass The King had the secret Mine of Copper mixt with Gold and Silver in Land given by his ancestors to the Prior of Wenlock and there it passeth not by the Grant of the Soil Ex mero motu c. yet it was of the foundation of the King and Religious favored Fitzh nat br 332. Secondly by the Kings Grant De omnibus singulis Mineris ex certa scientia c. Mines Royal viz. of Gold and Silver or of base mettal containing in it Gold or Silver passes not because the King hath them Ratione Cornnae not of the land and because appropriate to his Crown passeth not without special words base Mines here as those which consist onely of base substance viz. Copper Tin Lead Iron or Coles and not having in them Gold or Silver and Patentees shall have things fit for Subjects yet the terms of the Pattent comprehend things annexd to the Crown or of great importance but they shall be construed to pass the things of the basest degree 22. ass pl. The King Grants to the master of S. Leonard Omnia catella tenentium suorum Feloniae qualiter cunque damnatorum and his Tenant kils the Kings Messenger there he shall not have them because intended of common Felonies So the Kings Grant of the Return of all manner of Writs the Grantee shall not have the