LOW S CASE OF TENURES. 277 



the three : but yet, if the former authorities I have alleged 

 be well understood and marked, they show the law plainly, 

 that it cannot be ; for you shall ever take the king s grant 

 ad idem, and not ad simile, or ad proximum, no more than 

 in the case of the absque aliquo reddendo, or as free as the 

 crown ; who would not say that in those cases it should 

 amount to a soccage tenure ? for minimum est nihilo proxi 

 mum : and yet they are tenures by knight s service in ca- 

 pite. So if the king by one patent pass two acres, and a 

 fealty reserved but upon the one of them, you shall not 

 resort to this ut expressum servitium regat, vel declaret taci 

 turn. No more shall you in our case imply that the express 

 tenure reserved upon the manor shall govern, or declare 

 the tenure of the tenancy, or control the intendment of law 

 concerning the same. 



Now will I answer the cases, which give some shadow 

 on the contrary side, and show they have their particular 

 reasons, and do not impugn our case. 



First, if the king have land by attainder of treason, and 

 grant the land to be held of himself, and of other lords, 

 this is no new tenure per normam legis communis ; but the 

 old tenure per normam statuti, which taketh away the in 

 tendment of the common law ; for the statute directeth it 

 so, and otherwise the king shall do a wrong. 



So if the king grant land parcel of the demesne of a 

 manor tenendum de nobis, or reserving no tenure at all, this 

 is a tenure of the manor or of the honour, and not in ca- 

 pite : for here the more vehement presumption controlleth 

 the less ; for the law doth presume the king hath no intent 

 to dismember it from the manor, and so to lose his court 

 and the perquisites. 



So if the king grant land tenendum by a rose pro omni- 25 H. 6. f. 56. 

 bus servitiis, this is not like the cases of the absque aliquo 9. 

 inde reddendo, or as free as the crown : for pro omnibus 

 servitiis shall be intended for all express service : whereas 

 fealty is incident, and passeth tacit, and so it is no impos 

 sible or repugnant reservation. 



The case of the frankalmoigne, I mean the case where This is no 

 the king grants lands of the Templers to J. S. to hold as frankalmoigne. 

 the Templers did, which cannot be frankalmoigne; and 

 yet hath been ruled to be no tenure by knight s service in 

 capite, but only a soccage tenure, is easily answered ; for Wood s case, 

 that the frankalmoigne is but a species of a tenure in soc 

 cage with a privilege, so the privilege ceaseth, and the 

 tenure remains. 



