Page:Prerogatives of the Crown.djvu/411

Ch.XVI. Sec. III.] Crown Grants. mi by the course of the Court, be granted or leased under th^ Exchequer seal («). Money, says Gilbert (Z>), was never issued on the great or privy seal; and antiently there were no writs o^ liberate for the payment of money on any debt due from the Crown, or any grants made of any sums, but afterwards they were wont to grant patents or privy seals to the Treasurer, giving him au- thority to issue warrants for the money. The writs were an- tiently directed to the Treasurer and Chancellor, and, there- fore, the warrants are at present signed by the Treasurer and Chancellor, and mention the authority of the broad seal by which he issues them. Nor can the King take any freehold interest, or even a term, for years (c), or surrender, &c. without matter of record, as a deed inrolled, &c.(J). But, it seems, that the surrender of a cor pyhold to the King, as lord of a manor, in pursuance of the custom of the manor, is good {e). And the Crown may take goods and choses in action without matter of record, either by way of grant or testamentary bequest (jf). SECT. III. Construction of : — And when void for, 1. Uncertainty; 2, Mis* recitals ,- and herein of false Suggestions, or Deceit, In ordinary cases between subject and subject, the principle is, that the grant shall be construed, if the meaning be doubtful, most strongly against the grantor, who is presumed to use the most cautious words for his own advantage and security. But in the case of the King, whose grants chiefly flow from his royal bounty and grace, the rule is otherwise ; and Crown (a) Cro. Jac. 109. See Com. Dig. Ibid. Vin. A. d. Subsequent enrolment tit. Patent, C. 3. 12 East, 98. has relation back, Bro. Prerog. pi. 57. {b) Hist. Exeheq. 143. (e) Kebic, 720. (c) Lane, 60. (/) 40 Ass. 38. Vin. Ah. ubi supra, (rf) PlowH. Com. 213, b. 484, b. 105. Bro. Ab. Prerog. pi. 36, 40, 50, 145. Bro. Pr. rog. pi. 41 , 56, 93. 17 Vin. Ab. and Ibid. tit. ' Done.' pi. 16. tit. Cho»Q 171, 173. tit. Prerog. Z. c. B. D. What in Action, pi. 4. cites Y. B. 21 H. 7, is matter of record for this purpose, 19. ' grants