G R 
192 
great feal, in which cafe the patent is fubfci ibed in thefe 
words, Per ipfum regem. By the king himfelf.—Otherwife 
the courfe is to carry an extradl of the bill to the keeper 
of the privy feal, who makes out a writ or warrant 
thereupon to the chancery, fo that the fign manual is 
tlie warrant to the privy feal, and tlie privy feal is the 
warrant to the great feal: and in this laft cafe the pa¬ 
tent is lubfcribed. Per breve de privato ftgillc \ By writ of 
privy feal. But there are feme grants which only pafs 
through certain offices, as the Admiralty or Treafury, in 
confequence of a lign-manual, without the confirmation 
of eitlier the fignet, the great, or the privy, feal. 2 
Blackji. Comm. c. 21. 
The manner of granting by the king does not more 
differ from tliat by a fubject, than the conffruifion of his 
grants when made. A grant made by the king at the 
fuit of the grantee, (hall be taken molt beneficially for 
the king, and againft the party ; whereas the grant of a 
fubjeCt is conflrued moil flrongly againft tlie grantor. 
Wherefore it is ufuaf to infert in the king’s grants, that 
they are made, not at the fuit of the grantee, but cx fpe- 
ciali gratia, certd feientid, etvicro motu, regis ; of the king’s 
fpecial favour, certain knowledge, and mere motion ; 
and then they have a more liberal conftruction. Finch 
L. lOo. 
A fubjedt’s grant fliall be conflrued to include many 
things befides what are expretfed, if neceffary for the 
operation of the grant. Therefore, in a private grant 
of the profits of land for one year, free ingrefs, egrefs, 
and regrefs, to cut and carry away tliofe profits, arc alfo 
inclufively granted ; and if a feoffment of land was 
made by a lord to his villein, tliis operate'd as manu- 
miftion, foV he was otherwife unable to held it. Cc. Lit. 
56. But the king’s grant (hall not enure to any otiier 
intent, than that which is prccifely exprelfcd in the 
grant. As if he grants land to an alien, it operates 
nothing; for fuch grant fhall not alfo enure to make 
him a denizen, that fo he i>:ay be capable of taking by 
grant. Finch L. 1 10. 
When it appears from the face of the grant that the 
king is miflaken, or deceived, either in matter of fact 
or of law, as in cafe of falfe fuggellion, mifinformation, 
or mifrecital of former grants ; or if his own title to 
the thing granted be diflercnt from what he fuppofes ; 
or if tl'.e grant be informal ; or if he grants an eftate 
contrary to the rules of law ; in any of thofe cafes the 
grant is abfolutely void. Freem. 172. For inltance, if 
■the king grants lands to one and his heirs-male, this is 
merely void : for it fhall not be an eflate-tail, becaufe 
there want words of procreation, to afeertain the body 
out of which the heirs fhall iffue : neither is it a fee- 
fimple as in common grants it would be, becaufe it may 
reafonably be fuppofed that the king meant to give no 
more than eflate-tail : the grantee is therefore, if any 
thing, nothing more than tenant at will. Finch, loi 2. 
5 94 - 
To prevent deceits of the king with regard to the va¬ 
lue of eflatcs granted, it is particularly providc«iby ftat. 
I H. IV. c. 6, that no grant of his fhall be good, unlefs 
in the grantee’s petition for them, exprefs mention be 
made of the real value of the lands'. Other flatutes 
have alfo been palfed relative to this fubjeft. d'he 
king’s grantee fhall not forfeit for non-payment of rent, 
where the rent has beeiTanfwercd before procefs iffued. 
Slat. 21 Jac. I. c. 25. 'I he crown reflrained from grant¬ 
ing lands, except for thirty-one years, See. forfeited 
eflates excepted, Stat. i Ann. c. 7. Before the flatute de 
Prerogativa Regis, dowers, advowfons, and other things, 
have palfed by the general, grant of the king; but by 
that ffatute they are to be granted in exprefs w'ords. 
I Rep. 50. The king’s grant is good for liimfelf and 
fucceffors, though his fuccelfors are not named. Yelv. 13. 
The king may not grant away an eflate tail in the 
crown, d;c. And the law takes care to preferve the in¬ 
heritance of the king for the benefit of the fucceffor. x 
ANT. 
And. 154. A grant may not be made by the king wdiich 
tends to a monopoly, agaiafl the interefl and liberty of 
the fubjecl. Nor can the king make a grant non objtante 
any flatute made, or to be made ; if he doth, any fub- 
fequent flatute, prohibiting what is granted, will be a 
revocation of the grant. Dyer, 32. Where the king is 
reflrained by the coinmon lavy to make a grant, if lie 
makes a grant non objlante the common law, it will not 
make the grant good : but when he may lawfully make 
a grant, and the law requires he fhould be fully ap- 
prifed of what hegrants, and not be deceived, anon 
fupplies it, and makes the grant good. It the words 
are not fufficient to pafs the thing granted, a non objlante 
will not help. Nelf. Abr. <^og. If a grant is made by 
the king, and a former grant is in being of the fame 
thing, if it be not recited, the grant will be void'; and 
reciting a void grant, when there is another good, may 
make the king’s grant void. Cro. Car. 143. And 
there may be a non objlante to a former grant. 5 Rep. 94. 
The king’s grants may be void, by reafon of incer- 
tainty ; as if debts and duties are granted, without fay¬ 
ing in particular 'what duties, &c. 12 Rep. 46. But 
wiiere there is a particular certainty preceding, they 
fhall not be deftroyed by any incertainty or miflake 
which follows : and there is a diflindtion where a mif- 
takc of title is prejudicial to the king, and when it is 
in fome defeription of the thing which is fupplemeutal 
only, and not material or iffuable. i Mod. 195. 't he 
king grants the manor of D. which he has by the at¬ 
tainder of a certain perfon, &c. and in fadd the king 
hath it not fo; this grant is void. 10 Rep. 109. 
If tlie king grants a meffuage of the value of five 
pounds a year to A. B. and it be of the'yearly value of 
ten pounds', the value being in the fame fentence with 
the grant, will make it void ; though if it be mention¬ 
ed in another fentence it may be good. Jenh. Cent. z6i. 
The grant of the king to a corporation, that they fliali 
not be impleaded for lands, nor for any caule ariling 
there, eifewhere than before themfelves, doth not bind 
the king where he is party ; and the king by his grant 
cannot exclude himfelf from profecuting pleas of the 
crown; for it concerns the public government. Keilw. 
f>8. Dyer, 376. ^ 
The king cannot grant a thing intrufled to him in re- 
fpedl of his fovereignty : as, the lapfe of a church, be¬ 
fore or after it becomes void. 2 Rol. 187. Nor purvey¬ 
ance, butlerage, prifage. See. Nor the power to make 
a difpenfation of a flatute. 'jCo.^bb. So he cannot 
grant the lands, or goods, of a recufant-convidl, before 
the commilfion returned. Nor the lands or goods of 
one attainted of treafon, before his attainder. Dyer, 108. <2. 
So the king cannot grant the profecution or execution 
of any penal flatute to another ; for it is intrufled with 
him as the head of the public-weal. Co. 37. a. Nor the 
penalty or benefit of a penal ilatute, before it be reco¬ 
vered. 7 Co. 36. b. Nor any fine or forfeiture of a parti¬ 
cular perfon, before he beconvidled.—Declared by flat- 
I Will, and Mary, flat. 2. c. 2, that fuch grant or pro- 
mife is illegal and void. 
GRANT (Francis), an eminent lawyer and judge in 
Scotland, delcended'from the family of the Grams of 
Grant in that kingdom, and born about the year 1660, 
The abilities he (liowed in favour of the revolution, re¬ 
commended him to an extenfive pra(Slice ; in which he ac¬ 
quired fo much honour, that when the union between 
the two kingdoms was in agitation, queen Anne created 
him a baronet, with a view of fecuring his interefl in 
that meafure ; and upon the fame principle, fhe foon 
after created him a judge, or one of the lords of feffion. 
From this time, according to the cuflom of Scotland, 
he was flyled, from the name of his eftate. Lord Cullen; 
and the fame good qualities that recommended him to 
this honourable office, were very confpicuous in the 
difeharge of it; which he continued for twenty years 
with the highefl reputation. He died on March j6, 
1726. 
