Jurisdictions, Part 36
Grant of the King.
Where the King hath granted to you by his Charter (the Goods of Felons) and Fugitives, what things paſs by this Charter, followeth:
ALlowance in the Common Bench is not good, and allowance ſhall be within memory, 9. H. 7. fol. 16.1. H. 7. fol. 23.
In the time of H. 8. Tit. Grants, 364. If the King grant Reverſion, and miſ-recite the date of the Leaſe, but recites well the Eſtate, the thing, and the name of the Leſſee, it is a good Grant.
8. H. 7. fol. 4. Where the King upon information of the party, grants a Mannour, and recites that he had it by Forfeiture, and hath it not by Forfeiture, it is a void Grant, for the King is deceived; ſo it is ſaid, where the King grants a Reverſion where there is no Reverſion, he is deceived and void.
26. H. 8. fol. 1. The King recites for the good ſervice he hath done in the Wars, he grants, where he was never in the War, it is a good Grant, for the recitall is a matter in deed not material.
9. H. 7. fol. 27. Where the King grants upon a Petition for his ſervice, ſuch a Mannour of ſuch a value, where it is of a greater, he is deceived, and it is void.
9. H. 7. fol. 2. If the King makes one a Denizon, and reciteth where he was born in France, where in truth he was born in Spain, this Grant and making him Denizon is a good Grant, and the recitall is not materiall.
9. H. 7. fol. 2. Diverſity where the King of his meer motion, grants, and recites, that what he hath granted by his Patent, he ratifies, and confirms, the King is eſtopped to ſay the contrary, but that he granted and ratified that: but if it were (as I am informed) he is not eſtopped, and the King is deceived.
37. H. 8. Tit. Patents, 10. It is ſaid for Law, that falſe conſideration in Letters Patents ſhall not avoid them; as where the King for ten pounds to him paid, giveth ſuch Land, and the ten pounds conſideration is not paid, the Patent is not void. Contrary of a Patent made upon falſe ſurmiſe, as that the Land came to the King upon the attainder of J.S. and it is falſe, the Patent is void.
6. H. 7. fol. 13. If an Office be granted by the King to one for life, and after the King grants that to another, and do not recite the firſt grant, the King is deceived, and the ſecond Grant is void.
The King grants to you (the Chattels of Felons and Fugitives, for whatſoever Offences) you ſhall not have the Goods of one that ſtands dumb, for theſe are Forfeits for Contempt, and this Grant ſhall be taken ſtrictly, becauſe it ruſheth upon the Kings Prerogative, 8. H. 4. fol. 2.
The King grants to one the Chattels of Felons and Fugitives, and of whatſoever Offenders, the Granter ſhall have the Goods of him attaint for petty Treaſon, and not for high Treaſon by theſe general words (for what Offences ſoever) 22. Book of Aſſiſes, 40.
If one kill the Kings Ambaſſadour, this is high Treaſon, and for that he ſhall not have his Goods, but Goods of one attaint for petty Treaſon, by the Grant (of Goods and Chattels of Felons and Fugitives, and for whatſoever Offences) he ſhall have, for that is Felony, 22. Book of Aſſiſe 49.
Where there is a Grant to you by a common perſon (all his Goods) A Leaſe for years, nor a Ward paſs not, for (Goods) are Moveables, alive and dead, and not Chattels, 4. Ed. 6. Brook Grants, 51.
And for that the King grants (all the Goods of Felons) you shall not have a Leaſe for years of one attaint, for it is a Chattell real, Brook, Done, 438.
Plowden, fol. 424. Where one grants all his Lands and Tenements to one, there a Leaſe for years may paſſe, where the King grants (all the Goods and Chattels of Felons of his men) that is but his own Tenants, unleſſe it be an ancient Grant, and the Grant put in uſe of other Tenants, alſo 40. Book of Aſſiſes, 41.
If one grant all his Goods, as well living as dead, a Rent charge, which the Grantor hath for years, paſſeth by this Grant, 39. H. 6. fol. 37.
Where Chattels are granted to one, by this he hath as well Chattels moveables as not moveables, for a Leaſe for years is within this word Chattels, as it appears by Bracton, Stamford, fol. 44. Prerogative.
Where Chattels are granted to one, he ſhall have the Corn of a Felon, growing upon the Land of a Felon, at the time of the Forfeiture, and right of Actions to the Goods, as where Goods by wrong are taken from a Felon, and where one is indebted to a Felon by Obligation, or is accountable to a Felon for any Receits, Stamford, 45. Prerogative.
The King may have Debt due by Obligation to a Felon, and not which is due by Contract, 16. Ed. 4. fol. 4.