Page:Prerogatives of the Crown.djvu/418

S98 Qrown Grants. [Ch.XVI.SecJIL tibned as the consideration of the grant, or which sounds for the benefit of the King, (be it executed or executory, matter of record or in pais,) be false, the King is deceived, and the grant will be void («). As if the King grant in consideration of the surrender of a prior interest or estate; when the sur- render was only in appearance (b) ; or conditional {c) ; or the whole was not surrendered {d). So if his Majesty grant, " in consideration of a grant or surrender by an liusband and wife;" for the wife could not surrender (e) : " in consideration of a surrender ;" when part was leased to another {/): " in consi- deration of an antient rent of 5/. 165. 8^." when the rent was Ql, but 35. 4fd. allowed for payment at the exchequer ; for the rent here is the consideration [g) : or " in consideration of the gun'ender of a lease ;" and the lease was void (//). But it is said, that if the King in consideration of 20/. paid, grant; U is sufficient without shewing that it was paid : for it is a per- sonal thing executed, and accepted by the King {i). Or, in consideration that the grantee shall repair ; if the grantee does not repair, the grant is not void, for the King may have cove- nant {k). So if the King grant, in consideration of a surren- der ; it is sufficient, though the surrender was not inrolled till after the grant ; for the surrender was good, though not com- pleted (Z). So, if the King be misinformed, but not deceived, it will be good : as, if he let land, which is recited to be 10/. per annum, when it was 20Z. rendering 9,01, per annum {m): if he recite land to be concealed, w^hen it was not : where it ap- pears that he intends a grant of the land, though not con- cealed (w) : if he grant the manor of B, quod manerium fuit seisitum in manus nostras, Sfc. though it was not so (o) : or, the office of parker of B, quod H. hahuit ; for it was added for the more certainty(^) : or the manor of Z). quod fuit in tenura de B. when it was not [q) i or, a manor and advowson, adeo plene (a) 5 Co. 94, a. 2 Rol. Ab. 188. 1. 25. (h) 5 Co. 94, a. 199. 1. 30, 50. Lane, 75, 109. (/) 10 Ibid. 67, b. 2 RoJ. Ab. 200. {b) Dyer, 352. 1. 10. (c) 2 Rol. Ab. 409. 1.52. (k) Ibid. 1.5. / (rf) Dyer, 352. 5 Co. 94, a. 2 Rol. (0 Hob. 221. 189. 1. 35. Ibid. 1. 26. 45. (w) Yel. 48. . (e) Hob. 223. 2 Rol. Ab. 199. 1.45, («) Sal. 561. (/) 2 Rol. 188. 1.25. Lane, 75^ (o) 10 Co. 113, «u 109. (p) Ibid. ig) Yel. 43,48. {q) Mi, as