The third part of the reports of severall excellent cases of law, argued and adjudged in the courts of law at Westminster in the time of the late Queen Elizabeth, from the first, to the five and thirtieth year of her reign collected by a learned professor of the law, William Leonard ... ; with alphabetical tables of the names of the cases, and of the matters contained in the book.

LXIX. Mich. 15 Eliz. In the Common Pleas.

IN an Ejectione firmae, the Case was thus: King Henry the 8th was seised of certain Lands, and by his Letter Patents granted the same to Thomas Holt for life, the remainder to John Holt his Son, who in truth was a Bastard; and the Letters Pa∣tents were, Ex certa scientia, & mero motu, &c. And because the Plaintiff did suppose, that the same was not a good Purchase, he tooke a Lease from the Queen, of the Lands, intending to make void the Letters Patents, because the Defendant was nullius fili∣us. And what difference there was in such a Case, in Case of the King and a Common Person, was moved to the Court by Love∣lace, Serjeant. Dyer, Iustice, I conceive, That it is a good Pur∣chase in Law as well in the Case of the King, as in the Case of a Common Person. And see to that purpose, 39 E. 3. and in this Case, If the King had granted the Land to John Holt without na∣ming

him Son, the same had been a good Purchase: But if the King had called him John, the Son of Thomas, without giving him a sirname, there such a Purchase should not be good, if he were a Bastard; because he hath not Nomen Cognitum, as where he hath a sirname: and a Man cannot purchase by the Name of John only; and then if he be called John, the Son of Thomas, when he is not his Son, it cannot be good. And such Case hath here lately been ad∣judged, Where the Lord Powis gave certain Lands to Thomas Gray his Son, by him begotten upon the Body of Jane Orwell; and in truth the said Thomas was a Bastard of the said Lord Powis, (and the name of Jane was not Orwell, but the Daughter of one Punt; and the Mother of Jane, who was first married to Punt, be∣twixt whom Jane was begotten, married with one Orwell;) and yet notwithstanding that wrong Name, and that the said Thomas Gray was not the Son of the Lord Powis, born of Jane Orwell, but of one Jane Punt; yet it was a good Purchase and Gift to Thomas Gray, because it was his known Name. Manwood, As I take it, the Letters Patents are Ex certa scientia, & ex mero motu; and then the Kings Grant shall not be taken in such plight as the Grant of a Common Person, void for incertainty, because that the King takes notice of the Person, of what degree he is; and in the Kings Case, where he takes knowledge, by the words, Ex certa sci∣entia, there all matter of uncertainty shall be avoided and made good; but not matter which is not true: And for uncertainty, he said, Where a thing may be taken two ways, there without the words, Ex certa scientia, &c. the best shall be taken for the King, and strongest against the Patentee. But by Dyer; by the words, Ex certa scientia, &c. that incertainty is saved, and shall be taken strong for the Patentee; and if it can any ways be taken for him, then the Patent shall not be void: and then when in the principal Case, there is the word (Son,) and the word (Son) may be taken two ways, either for a base Son, or a true Son; there by the words, Ex certa scientia, the King taketh upon him to know in what manner he is Son; and a base Son is a Son Quodam modo, so as the Letters Patents shall not be false: But where the King, in his Letters Patents recites a thing which is false, that shall not make the Patent good, although the words be, Ex certa scientia, et mero motu.