270 LOW S CASE OF TENURES. 



The first is, whether this tenancy, being by the grant of 

 the king of the manor to the tenant grown to a unity of 

 possession with the manor, be held as the manor is held, 

 which is expressed in the patent to be in soccage. 



The second, whether the manor itself be held in soccage 

 according to the last reservation, or in capite by revivor 

 of the ancient seigniory, which was in capite before the 

 duchy came to the crown. 



Therefore my first proposition is, that this tenancy, which 

 without all colour is no parcel of the manor, cannot be com 

 prehended within the tenure reserved upon the manor, but 

 that the law createth a several and distinct tenure there 

 upon, and that not guided according to the express tenure 

 of the manor, but merely secundum normam legis, by the in- 

 tendment and rule of law, which must be a tenure by knight s 

 service in capite. 



The king s te- And my second proposition is, that admitting that the 

 nures may take tenure of the tenancy should ensue the tenure of the manor, 

 3udoni &amp;gt; n ya y et &amp;gt; nevertheless, the manor itself, which was first held of 

 law, than by the crown in capite, the tenure suspended by the conquest 

 many suppres- O f the duchy to the crown, being now conveyed out of the 

 1 crown under the duchy-seal only, which hath no power to 

 touch or carry any interest, whereof the king was vested in 

 right of the crown, is now so severed and disjoined from 

 the ancient seigniory, which was in capite, as the same 

 ancient seigniory is revived, and so the new reservation 

 void ; because the manor cannot be charged with two 

 tenures. 



This case concerneth one of the greatest and fairest flowers 

 of the crown, which is the king s tenures, and that in their 

 creation ; which is more than their preservation : for if the 

 rules and maxims of law in the first raising of tenures in 

 capite be weakened, this nips the flower in the bud, and 

 may do more hurt by a resolution in law, than the losses 

 which the king s tenures do daily receive by oblivion or 

 suppression, or the neglect of officers, or the iniquity of 

 jurors, or other like blasts, whereby they are continually 

 shaken : and therefore it behoveth us of the king s council 

 to have a special care of this case, as much as in us is, to 

 give satisfaction to the court. Therefore, before I come to 

 argue these two points particularly, I will speak something 

 of the favour of law towards tenures in capite, as that 

 which will give a force and edge to all that I shall speak 

 afterwards. 

 No land in the The constitution of this kingdom appeareth to be a free 



