by his other letters patent, reciting that the said husband and wife had the manor of him amongst other things for their lives, granted to a bishop, and others, that the said manor, amongst other manors, &c., which the said husband and wife held for their lives, should remain to the said bishop, and others, after the term of life of the said husband and wife, habendum et tenendum, omnia prædicta maneria terras et tenementa una cum advocatione to them and their heirs, ad effectum that they should grant them to the nuns of Sion when they were founded by the king; and there it was agreed by the court that the advowson did not pass to the tenants for life, because it was not granted by special words, also that the advowson did not pass to the bishop and others by the second letters patent, because by the lease for life, it was for the time severed from the manor, and then it could not pass by the second letters patent, because it was not specified in the premises of the deed before the habendum; for it being severed and dismembered from the manor, there ought to be words of grant before the habendum to make it pass. (1) An advowson is sometimes called a nomination if a nomination of an advowson is granted, habendum the advowson, the profit of an advowson being in the nomination, the advowson itself passes. (1) Colt and Glover v. The | R. 161. Wats. Cl. L. ch. 10. Bishop of Coventry, Hob. 87. Godolp. Abr. 218. 4. Consideration. The consideration being for money will not affect the conveyance as simoniacal. The only question will be as to the next turn, which will be afterwards considered. (1` It should also be observed that all ecclesiastical persons seised of advowsons in right of their churches, all masters and fellows of colleges and guardians of hospitals seised in right of their houses, are restrained from making any grants of things incorporeal, such as advowsons, and next avoidances which lie in grant, and that these grants are void against their successors, although good against the grantors during their own time. (2) SECTION IV. An advowson will not pass in the case of the king without special words. On the Transfer of Advowsons as affected by Grants of the King. passes ALTHOUGH by the common law an advowson with the grant of a manor as incident thereunto, yet in the case of the king, by the express words of the statute de prærogativa regis, the advowson will not pass without particular words or express mention of it. (3) (1) Greenwood and another v. The Bishop of London, and G. Pawson, 5 Taunt. R. 727. (2) 1 El. c.19. 13 El. c.10. (3) 17 Edw. 2. c. 15. 1 Inst. 307. a. Gibs. Cob. 758. Anon, Ow. R. 53. Willion v. and advowof a son Thus, where the Queen was seised of a rectory Of a rectory and of the advowson of the vicarage of the same parish, and by her letters patent gave the plaintiff vicarage. the rectory with its appurtenances, rectoriam prædictam et etiam vicariam ecclesiæ prædictæ, it was held that the advowson of the vicarage would not pass by such words, and indeed it seems it would not have passed even had the grantee been any individual; but had the words been eccelsiam suam or dispositionem ecclesiæ the advowson of the vicarage would have passed even in the king's case. (1) Independently of the statute de prærogativa Nothing regis nothing passes by a royal grant but what passes by a royal grant was intended, and no inference can be made but what intended. beyond the words; an advowson and a vicarage are two distinct things, and every thing must be called by its proper name. (2) As if the king grants a manor to which an advowson is appendant, with the appurtenances, and all profits, commodities, and hereditaments to the same belonging, the advowson is not included in such Berkley, Plowd. R. 243. case, 1 Leon. R. 191. John (2) Anon. Cro. El. 163. F Construed so that it may take effect. grant ('); or if the king has the rectory of a place appropriated to an abbey, and grants the advowson of the church of that place, the rectory does not pass nor the advowson as an advowson in gross, for by the appropriation that was extinguished (2), but an exception in a crown grant of a rectory of "all churches and vicarages thereto belonging" does not include a perpetual curacy. (3) Where different constructions may be made of the king's grant, then for the honour of the crown and the benefit of the subject, such construction is made that the royal charter may take effect, as it is never the king's intent to make a void grant (4); and in like manner, if the King be misinformed but not deceived, as if he grants a manor or advowson, adeo plenè, as he by any means had it, cuidam Archiepiscopo, where the archbishop had the manor but not the advowson, it will be a good grant, for the general words adeo plené, as the king by any ways had it, are sufficient to pass the advowson. (3) (1) Chancellor of Cambridge v. Walgrave, Hob. R. 126. (2) The Queen and Lord Lumley's case, 2 Leon. R. 80. (3) Arthington and Hardcastle v. The Bishop of Chester, 1 Hen. Black. R. 418. (4) 2 Inst. 497. Sir John Molyn's case, 6 Rep. 6. Churchwardens of St. Saviour's, Southwark, 10 Rep. 67. b. (5) The King v. The Bishop of Rochester, and Sir F. Clark, 2 Mod. R. 1. So if the king grants an advowson to one and the heirs male of his body, who regrants it to the king in fee, and the king afterwards grants it to another and his heirs, the grant to that other will be good, for the king is seised in fee presently, and the recital of his estate is unnecessary. (1) The statute de prærogativa regis is in some Operation of cases satisfied without a literal compliance with the king's grants by its terms: as for instance, by reference. Thus, Stat. Præv. if a manor to which an advowson is appendant Reg. is in the hands of the king by escheat, or by purchase, and the king gives the manor to one as entirely as the person that held it before it came into his hands by escheat, the advowson passes without the words cum fœdis et advocationibus, because the law presumes that the king is apprised of his right. (2) Also, notwithstanding the statute de prerogativa regis, if the king render the lands of an ideot to his heir, makes restitution of temporalties to the successor of a bishop, or makes livery to his ward at his full age of his lands, the advowsons appendant pass without express mention; for where a thing which the king ought not (1) The Queen v. Hussey, Plowd. R. 330. cited in Ross Cro. El. 519. v. Morrice's case, 2 Leon. R. 26. and in Elvis v. The Archbishop of York, Hob. R. 323. (2) Whistler's case, 10 Rep. The case of Mines, 64. b. |