894 Crown Grants. [Ch. XVI. Sec. IIIl plainly expressed in the granting part, it shall enure accord- ingly, and shall not be restrained by the recital (a). In the second place, the construction and leaning shall be in favor Oi* the subject, if the grant shew that it was not made ^t the solicitation of the gfantee, but ex speciali gratid, certd scienfia, et mero motu regis [b). Though these words do not of themselves protect the grantee against false recitals, &c. (c).
- In the third place, if the King*s grants are upon a valuable
consideration, they shall be construed strictly for the patentee for the honor of the King (r/). Sb where the King's grant is capable of two constructions, by the one of which it will be valid and by the other void, it shall receive that interpretation which will give it effect [e) ; " for that will be more for the benefit of the subject and the honor of the King, which ought to be more regarded than his profit (j^)." As if there be a grant to discharge one from the collection of tithes granted per clerum Anglice, he shall be dis- charged if the grant be^;^r clenim provivcice Cantunriensis (g); for it is not usual to have a grant by both provinces toge- ther (/^). . In considering the cases in which a royal grant may be ineffectual on account of mistakes, deceit, &c. it may be proper to divide the subject into the following branches : 1. Uncertain^ ties, 2. Misrecitals; and herein of false suggestions and deceit* 1, A decided uncertainty will avoid a grant from the Crown, not only as against the patentee, but also as against the King, because it raises a presumption of deceit {i). As if the King grant a piece of land, parcel of a waste, &c. without designating what piece (Jc) ; or grant land or a rent, in which there may be various interests (/), without limiting or specifying any parti- cular (a) 10 Co. 112. (/) Com. Dig. Grant, G. 12. (b) Finch L. 100. 1 Rep. 40. 10 (V) Y. B. 21 Ed. 4. 48, b. 2 R. 2, 4. llep. 112. Com. Dig. Grant, G. 12. {h) Ibid. Vin. Ab. Prerog. E. c. 3. Q Bulstr. 10. 17 Vin. Ab. 140. (c) 10 Co. Rep. 112. 3 Leon. 249. Prerog. F. c. 6 Bac. Ab. 602. Prerog. 2 Salk.561. F. 2. Co. Eutr. 384. {d) 2 Inst. 446, 7. 6 Co. 6, a. 10 (A) Leon. 30, pi. 3&. 12 Rep. 86. Co. 65. 5 Bac. Ab. 604. (/) Because if the thing granted be {e) 9 Co. 131, a. 10 Co. 67, b. 6 such of which divers estates cannot be jCo. 6. , limited, but one estate only is incident A * thereto,
