Reports and cases collected by the learned, Sir John Popham, knight ... ; written with his own hand in French, and now faithfully translated into English ; to which are added some remarkable cases reported by other learned pens since his death ; with an alphabeticall table, wherein may be found the principall matters contained in this booke.

Hall versus Peart.

6. IN an Ejectione firmae brought by William Hall Plaintiff, for Land in D. in the County of Somerset, upon a Lease made by William Dodington against John Peart and other Defendants, upon a speciall Verdict the case ap∣peared to be this.

That one Iohn Brown was in possession of certain Lands in D. aforesaid, which before were parcel of the possessions of the Hospitall or Priory of S. Iohns in Wells, the Inheritance therof then being in the late King H. 8. by the Act of dissolutions: And the King being so seised by his Letters Patents, dated 26. of March, 30 H. 8. ex gratia speciali, certa scientia & mero motu suo, granted to Iohn Ayleworth, and Ralph Duckenfield, omnia illa Messu∣agia Ter. Tenemt. & gardina sua & quaecunque tune in separabilibus tenuris diversarum personarum, which he named particularly, amongst which the said Iohn Brown was one in Civitate Wellen. ac in suburbiis ejusdem Civitat. & exira eandem civitat. within the Jurisdictions and Liberties of the said City, late parcell of the possessions of the said Hospitall, and that the said Iohn Brown had not then any other Lands late parcel of the possessions of the said Hospitall, but this in D. and that this Land was quite out of the said City of Wells, and of the Suburbs therof, and also out of the Liberties and Jurisdi∣ction of the said City, and yet it was found that it was in the particular and parcell of the value, and valued in it in the Tenure of the said Iohn Brown at 6 s. 8 d. a year, and the grant was to the said Iohn Ayleworth and Ralph Duckenfield, and to the Heirs of the said Iohn Ayleworth forever.

And it was moved that the Grant was good to the said Ayleworth and Duckenfield, because of the Statute of non-recitall and mis-recitall, because it appeareth by the particular, and value that it was intended to be passed: And if this doth not passe, nothing can passe which was in the Tenure of the said Brown, because he had nothing in the places comprised in the Patent.

But it was agreed by all the Court, that it shall not passe by the said Pa∣tent in this case, for the word (illa) is to be restraind by that which follows in the Patent, where it depends upon a generality, as here, and that it re∣fers but to that in Wells, as the liberty of that which was parcell of the pos∣sessions

of the said Hospitall, and in the Tenure of the said John Brown: And if it were not of these possessions, or not in Wells, &c. or not in the Te∣nure of the said John Brown, it shall not passe, for the intent of the King in this case shall not be wrested according to the particular or the value, which are things collaterall to the Patent, but according to his intent comprised in, or to be collected by the Patent it self.

And Popham said, that by Grant of omnia, terras Tenementa & Heredita∣menta sua in case of the Queen nothing passe, if it be not restraind to a cer∣tainty, as in such a Town, or late parcell of the Possessions of such a one, or of such an Abbey, or the like, in which cases it passeth, as appeareth by 32 H. 8. in case of the King: But if it be Omnia, terras & tenementa sua vo∣cat. D. in the Tenure of such a one and in such a Town, and late parcell of the possessions of such a one, there albeit the Town or the Tenant of the Land be utterly mistaken, or that it be mistaken of what possessions it was, it is good, for it sufficeth that the thing be well and fully named, and the o∣ther mistakes shall not hurt the Patent.

And the word of Ex certa scientia, &c. will nof help the Patent in the principall case. And the case of 29 E. 3. is not to be compared to this case, for it was thus.

The King granted the Advowson of the Priory of Mountague (the Prior being an Alien) to the Earl of Salisbury and his Heirs for ever: And also the keeping and Farm with all the Appurtenances and Profits of the said Priory, which he himself had curing the War, with the keeping of cer∣tain Cell•• belonging to the said Priory; the said Earl died, William Earl of Salisbury being his Son and Heir, and within age, wherupon the King reci∣ting that he had seised the Earls Lands into his hands after his death, for the Nonage of the Heir, he granted to the said Earl all his Advowsons of all the Churches which were his Fathers, and all the Advowsons of the Churches which belong to the Prior of Mountague, to hold untill the full age of the said Heir, & quas nuper concessit prefat. Comiti patri, &c. In which case, although the King had not granted the Advowsons to the said Earl the Father afore∣said, by the former Patent, because no mention was of the Advowsons ther∣of, yet they passe by this Patent, notwithstanding that which follows after, to wit, and which he granted to the Father of the Grantee: But there it is by a Sentence distinct, and not fully depending upon the former words, as here, to wit, Omnia illa Messuagia, &c in Wells, in the Tenure of the party, parcell of the Possessions of such an Hospitall, or Priory: Quod nota, and the difference.

And because the Defendant claimed under the first Patent, and the Plain∣tiff by the latter Patent, it was agreed, that the Plaintiff should recover: Which you may see in the Kings Bench.

Notes

• Vide this case in Cook lib. 2 32, 33. by the name of Do∣ding••ons case.