LOW S CASE OF TENURES. 275 



or it is the new fealty reserved and expressed upon the 

 grant of the manor, or it is a new fealty raised by intend- 

 ment of law in conformity and congruity of the fealty re 

 served upon the manor ; but none of these, ergo, &c. 



That it should be the old fealty, is void of sense; for it 

 is not ad eosdem terminos. The first fealty was between 

 the tenancy and the manor, that tenure is by the unity 

 extinct. Secondly, that was a tenure of a manor, this is a 

 tenure in gross. Thirdly, the rent of twenty-six pounds 

 ten shillings must needs be new, and will you have a new 

 rent with an old fealty ? These things are portenta in 

 lege ; nay, I demand if the tenure of the tenancy, Low s 

 tenure, had been by knight s service, would you have said 

 that had remained ? No, but that it was altered by the 

 new reservation ; ergo, no colour of the old fealty. 



That it cannot be the new fealty is also manifest; for 

 the new reservation is upon the manor, and this is no part 

 of the manor : for if it had escheated to the king in an 

 ordinary escheat, or come to him upon a mortmain, in 

 these cases it had come in lieu of the seigniory, and been 

 parcel of the manor, and so within the reservation, but 

 clearly not upon a purchase in fact. 



Again, the reservation cannot inure, but upon that which 

 is granted ; and this tenancy was never granted, but was 

 in the tenant before ; and therefore no colour it should 

 come under the reservation. But if it be said, that never 

 theless the seigniory of that tenancy was parcel of the manor, 

 and is also granted; and although it be extinct in substance, 

 yet it may be in esse as to the king s service : this deserv- 9 Eliz. Coke, 

 eth answer : for this assertion may be colourably inferred Lib - 3 - f - 30&amp;lt; 

 out of Carr s case. 



King Edward VI. grants a manor, rendering ninety-four 

 pounds rent in fee farm tenendum de East Greenwich in 

 soccage ; and after, Queen Mary granteth these rents 

 amongst other things tenendum in capite, and the grantee 

 released to the heir of the tenant ; yet the rent shall be in 

 esse, as to the king, but the land, saith the book, shall be 

 deviseable by the statute for the whole, as not held in capite. 



And so the case of the honour of Pickeringe, where 25 Ass. pi. 60. 

 the king granted the bailywick rendering rent ; and after 

 granted the honour, and the bailywick became forfeited, 

 and the grantee took forfeiture thereof, whereby it was 

 extinct ; yet the rent remaineth as to the king out of the 

 bailywick extinct. 



These two cases partly make not against us, and partly 



