Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/363

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Ch. 21.
of Things.
347

Grants or letters patent muſt firſt paſs by bill: which is prepared by the attorney and ſolicitor general, in conſequence of a warrant from the crown; and is then ſigned, that is, ſuperſcribed at the top, with the king's own ſign manual, and ſealed with his privy ſignet, which is always in the cuſtody of the principal ſecretary of ſtate; and then ſometimes it immediately paſſes under the great ſeal, in which caſe the patent is ſubſcribed in theſe words, "per ipſum regem, by the king himſelf[1]." Otherwiſe the courſe is to carry an extract of the bill to the keeper of the privy ſeal, who makes out a writ or warrant thereupon to the chancery; ſo that the ſign manual is the warrant to the privy ſeal, and the privy ſeal is the warrant to the great ſeal: and in this laſt caſe the patent is ſubſcribed, "per breve de privato ſigillo, by writ of privy ſeal[2]." But there are ſome grants, which only paſs through certain offices, as the admiralty or treaſury, in conſequence of a ſign manual, without the confirmation of either the ſignet, the great, or the privy ſeal.

The manner of granting by the king, does not more differ from that by a ſubject, than the conſtructon of his grants, when made. 1. A grant made by the king, at the ſuit of the grantee, ſhall be taken moſt beneficially for the king, and againſt the party: whereas the grant of a ſubject is conſtrued moſt ſtrongly againſt the grantor. Wherefore it is uſual to inſert in the king's grants, that they are made, not at the ſuit of the grantee, but "ex ſpeciali gratia, certa ſcientia, et mero motu regis;" and then they have a more liberal conſtruction[3]. 2. A ſubject's grant ſhall be conſtrued to include many things, beſides what are expreſſed, if neceſſary for the operation of the grant. Therefore, in a private grant of the profits of land for one year, free ingreſs, egreſs, and regreſs, to cut and carry away thoſe profits, are alſo incluſively granted[4]: and if a feoffment of land was made by a lord

  1. 9 Rep. 18.
  2. Ibid. 2 Inſt. 555.
  3. Finch. L. 100. 10 Rep. 112.
  4. Co. Litt. 56.
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