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Effect of the clause cum multuris in the tenendas of a charter.
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It is a known distinction between the import of a tenendas of a charter from a subject and a charter from the Crown, that a clause cum multuris, though only in the tenendas, being in a charter from a subject, is effectual to liberate from thirlage; but where the charter is from the Crown, such clause being only in the tenendas, is of no effect; because signatures, when passed in Exchequer, do not contain the tenendas other than the word tenendas, with an &c. the clause is therefore considered only the work of the writer.
But in this case the question occurred, What should be the effect of such a clause in the tenendas of a charter from a churchman? And though no interlocutor passed on it, it was the opinion of some able Judges, that it ought to have no more effect than in the case of a charter from the Crown, and so is to be presumed to have proceeded from inadvertency, if not in the dispositive clause.
