to his villein, this operated as a manumiſſion[1]; for he was otherwiſe unable to hold it. But the king's grant ſhall not enure to any other intent, than that which is preciſely expreſſed in the grant. As, if he grants land to an alien, it operates nothing; for ſuch grant ſhall not alſo enure to make him a denizen, that ſo he may be capable of taking by grant[2]. 3. When it appears, from the face of the grant, that the king is miſtaken, or deceived, either in matter of fact or matter of law, as in caſe of falſe ſuggeſtion, miſinformation, or miſrecital of former grants; or if his own title to the thing granted be different from what he ſuppoſes; or if the grant be informal; or if he grants an eſtate contrary to the rules of law; in any of theſe caſes the grant is abſolutely void[3]. For inſtance; if the king grants lands to one and his heirs male, this is merely void: for it ſhall not be an eſtate-tail, becauſe there want words of procreation, to aſcertain the body, out of which the heirs ſhall iſſue: neither is it a fee-ſimple, as in common grants it would be; becauſe it may reaſonably be ſuppoſed, that the king meant to give no more than an eſtate-tail[4]: the grantee is therefore (if any thing) nothing more than tenant at will[5]. And, to prevent deceits of the king, with regard to the value of the eſtate granted, it is particularly provided by the ſtatute 1 Hen. IV. c. 6. that no grant of his ſhall be good, unleſs, in the grantee's petition for them, expreſs mention be made of the real value of the lands.
III. We are next to conſider a very uſual ſpecies of aſſurance, which is alſo of record; viz. a fine of lands and tenements. In which it will be neceſſary to explain, 1. The nature of a fine; 2. It's ſeveral kinds; and 3. It's force and effect.
1. A fine is ſometimes ſaid to be a feoffment of record[6]: though it might with more accuracy be called, an acknowlegement of a feoffment on record. By which is to be underſtood,
