And then follows the Grant it self in these Words, Sciatis igitur quod nos ex uberiori & speciali gratia nostra, &c. Know ye therefore, That we of our more abundant and special Grace, and of our certain Knowledge and mere Motion, have given and granted, and do by these Presents, for our selves, our Heirs and Successors, give and grant to the aforesaid William Theckston the Advowson, Donation, free Disposition, and Right of Patronage of the aforesaid Church of Bedall, and all our Right, Estate, Title, Interest and Claim whatsoever, of presenting to the said Church, whensoever or howsoever it shall become void: Quibus lectis & auditis, the Attorney General demurs, and the Defendant joins; and Judgment in C. B. pro Domino Rege, upon this Reason only, that this Grant was void; the Advowson being in Gross, and nothing was intended to pass but an Advowson Appendant, and so the King was deceived; and upon a Writ of Error in B. R. the Judgment was affirmed upon another Point, viz. That the Grant pleaded was to William Theckston, then Esq; and afterwards Knight, and the Grant set forth upon Oyer, was to William Theckston, Knight; and there were Three Judges of Opinion with the Patent, and one only against it; and one Judge of Opinion with the Plaintiff in the Error, as to both the Validity of the Patent it self, and the Identity of the Person named in the Plea and Patent.
[215] Argument for the Plaintiff in Error. Whether the Addition of Knight necessary.—And now it was argued for the Plaintiffs in the Writ of Error, That this Judgment was erroneous; and first it was answered to the Objection of the Variance between Knight and Esq; and it was said, That in case of a Title of Worship, the Want of it could never vitiate a Grant; that even in Indictments upon the Statute of Additions, a Gentleman may be called Esquire, and so econtra, and thus is 2 Inst. that here constat de persona, there's nothing doth appear to shew them to be Different; that in Case of Feoffments, this Pretence will not hurt, because the Person is ascertained; and here 'tis likewise the same, it is William Theckston then Esq; and afterwards Knight, 'tis but one Man, they are two different Affirmations concerning the same Person; that in the Case cited on the other Side of the Earl of Pembroke in Jones's Rep. and in 1 Cro. 173. and Litt. 191, 223. Richardson and Hutton are of Opinion, That such Grant is good; then 'twas said, That 'twould be very hard to intend them several Persons, in order to avoid a Grant; that Veritas nominis tollit Errorem demonstrationis Personæ; that he was William Theckston; that if it had been said, concessit Willielmo Theckston generally, that would have been sufficient; and his being an Esq; doth not exclude his being a Knight, so that 'tis not a false Description; 25 Edw. 3. 19. a Writ was abated, because shewn that they were two Persons; but held that if it had appeared that they had been but one, 'twould have been well. Then was cited the Mayor of Lynne's Case, 10 Rep. 126. 'Tis true, this is a Name or Title of Dignity to some Purposes, but not to all: It must be agreed to be so upon Originals and Indictments, and there is a very good Reason for it; because in that Case a greater Certainty is required, that one Man may not suffer for or instead of another; but in Case of Grants, any Description of the Person is sufficient; besides, if a Name be mistaken in a Writ or Indictment, another may be sued or preferred by the true Name; but a Man cannot of common Right demand a new Grant. Tho' this be a Grant from the Crown, 'tis the same Case; for the King's Grant shall be taken most beneficially for the Support of his Honour, 6 Rep. 6. that here's no Colour to pretend two William Theckstons.
Then it was said, That this at most was only an Addition or Enlargement to his Name, not Parcel of the Name it self; for no more goes to that, than Christian and Surname. Then 'twas said, 'tis generally known, that the Use of Surname was not settled amongst us, till long after the Conquest; that before then they were named by their Titles, Offices, Places of Birth or Residence, or Employments, as doth appear plainly by Dugdale 1 Monast. 37. In those Days Miles was used instead of the Surname, immediately after the Christian Name, as Ego Wolwardus Miles, and many more such, Selden's Tit. of Hon. 637, 638. thus in 1 Monast. 166. Donum Algari militis, 2 Monast. 173. [216] 853. thus it was in the Time of H. 2. then after Surnames came to be used; this Title of Miles was also used as an Addition or Inlargement after the Surname. Camden's Treatise of Surnames in his Remains, and Kennett's Parochial Antiquities, lately Printed at Oxford, in 4to. do shew this, That the Title of Kt. came after the Surname as an Increase, not in lieu of it, as
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