CCXVII. The Master and Chaplains of the Savoy's Case. Mich. 29 Eliz. In the Exchequer.
THe Master and Chaplains of the Savoy aliened a parcel of their possessions unto another in Fee, and afterwards surren∣dred their Patents, and a Vacat is made of the Enrollment of them: It was now moved, How the Alienee should be adjudged to make title to the said Lands, claiming the same by the Letters Patents; For the Clerks would not make a Constat of it. For the Patents were cancelled, and a Vacat made of the Enrolment. And the Case of Sir Robert Sidney was vouched; in which Case, the Statute of 3 E. 6. was so expounded upon great advise taken by the Lord Chancellor; who thereupon commanded, That no Constat be made in such case.
Manwood, If Tenant in tail by Letters Patents of the King, surrendreth his Patent, and cancelleth it, and a Vacat be made of the Enrollment, by that the Issue in tail shall be bound; For no other person at the time of the cancelling hath Interest: But in the Case at Bar, a third person, scil. the Alienee hath an Interest; And therefore he was of Opinion, That he should have a Constat, &c.