Page:Prerogatives of the Crown.djvu/413

Ch. XVI. Sec. III.] Crown Grants. $9$ King reserveth to himself such fees, advowsons and dowers, albeit that among other persons it hath been observed other- wise." It is also a branch of this rule, that though in the case of a subject's grant, many incidental matters are presumptively admitted, (as if a feoffment of land were made by a lord to his villein, this operated as a manumission {a) ) ; still in the case of a Crown grant it shall not enure to any other intent than that specified in the ^rant ; so that if the thing granted cannot pass without implying something not granted, it shall be void rather than operate to two intents not noticed in the grant {b). As if the King grant land to an alien, it operates nothing; for such grant shall not also enure to make him a denizen, so that he may be capable of taking by grant (c). Nor shall a grant of lands to a felon amount to an implied pardon {d). But if the King grant a messuage and all lands spectantes aut cum eo dimissas, lands enjoyed with it for a convenient time pass {e). But the rule that grants shall be construed most favorably for the King, is subject to many limitations and exceptions. In the first place, no strained or extravagant construction is to be made in favor of the King. If the intention be obvious, royal grants are to receive a fair and liberal interpretation accordingly (y*). And, though the general words of a grant may be qualified by the recital (g); yet if the intent of the Crown be (a) Lit. s. 206. not extend to any other thing by con- {b) 3 Leon. 243. 17Vin. Ab. 142. struction or implication, which does not Prerog. G. c. 2 Bla. Com. 347. 1 Bla. appear by his grant; and therefore in R. 118. The King's grant shall not such cases the King ought to be truly €nure (to his special prejudice) to two informed, and he ought to make spe- intents, viz. to a demise of the land, cial and particular grant, which by ex- and also to a suspension of his condi- press words may enure to all such seve- tioH by which he may defeat the estate ral intents as are desired. 7 Rep. 14, a. for life, and other estates, as it should So where the King has two rights in be in the case of a common person ; or him, he cannot exclude himself of botli to a demise in respect of his present, without special words. Ibid. 14, b. estate per auter vie, and also to a con- (c) Finch, L. 110. Bro. Ab. tit. Pa- firmation of his condition by which tents, 62. 5 Rep. 56. otherwise he might defeat all, as it (rf) Ibid. 1 Bla. Rep. 118. should be in the case of a common per- {e) Ante, 392, note (c). son; for the grant of the King shall be (/) 2 Inst. 496, 7. taken according to his express intention (g) 4 Taunt. 593. 2 M. and Selnr. comprehended in his grant; and shall 19. plainly