CASE OF IMPAECHMENT OF WASTE. 269 



And for the timber of this realm, it is vivus thesaurus 

 regni ; and it is the matter of our walls, walls not only of 

 our houses, but of our island ; so as it is a general disin- 

 herison to the kingdom to favour that exposition, which 

 tends to the decay of it, being so great already; and to 

 favour waste when the times themselves are set upon waste 

 and spoil. Therefore since the reason and authorities of law, 

 and the policy of estate do meet, and that those that have, 

 or shall have such conveyances, may enjoy the benefit of 

 that clause to protect them in a moderate manner, that is, 

 from the penalty of the action; it is both good law and 

 good policy for the kingdom, and not injurious or incon 

 venient for particulars, to take this clause strictly, and 

 therein to affirm the last report. And so I pray judgment 

 for the plaintiff. 



THE 

 ARGUMENT 



IN 



LOW S CASE OF TENURES 



IN THE KING S BENCH. 



THE manor of Alderwasley, parcel of the duchy, and lying 

 out of the county palatine, was, before the duchy came to 

 the crown, held of the king by knight s service in capite. 

 The land in question was held of the said manor in soccage. 

 The duchy and this manor parcel thereof descended to King 

 Henry IV. King Henry VIII. by letters patent the 19th 

 of his reign, granted this manor to Anthony Low, grand 

 father of the ward, and then tenant of the land in question, 

 reserving twenty-six pounds ten shillings rent and fealty, 

 tantum pro omnibus servitiis, and this patent is under the 

 duchy-seal only. The question is, how this tenancy is held_, 

 whether in capite or in soccage. 



The case resteth upon a point, unto which all the ques 

 tions arising are to be reduced. 



