278 LOW S CASE OF TENURES. 



To conclude, therefore, I sum up my arguments thus: 

 My major is, where calamus legis doth write the tenure, it is 

 knight s service in capite. My minor is, this tenure is left 

 to the law ; ergo, this tenure is in capite. 



For the second point, I will first speak of it according to 

 the rules of the common law, and then upon the statutes of 

 the duchy. 



First I do grant, that where a seigniory and a tenancy, 

 or a rent and land, or trees and land, or the like primitive 

 and secondary interest are conjoined in one person, yea, 

 though it be in autre droit ; yet if it be of like perdurable 

 estate, they are so extinct, as by act in law they may be 

 revived, but by grant they cannot. 



For if a man have a seigniory in his own right, and the 

 land descend to his wife, and his wife dieth without issue, 

 the seigniory is revived ; but if he wall make a feoffment in 

 fee, saving his rent, he cannot do it. But there is a great 

 difference, and let it be well observed, between autre capa- 

 citie and autre droit ; for in case of autre capacitie the in 

 terests are contigua, and not continua, conjoined, but not 

 confounded. And, therefore, if the master of an hospital 

 have a seigniory, and the mayor and commonalty of St. 

 Albans have a tenancy, and the master of the hospital be 

 made mayor, and the mayor grant away the tenancy under 

 the seal of the mayor and commonalty, the seigniory of the 

 hospital is revived. 



So between natural capacity and politic, if a man have 

 a seigniory to him and his heirs, and a bishop is tenant, and 

 the lord is made bishop, and the bishop, before the statute, 

 grants away the land under the chapter s seal, the seigniory 

 is revived. 



The same reason is between the capacity of the crown 

 and the capacity of the duchy, which is in the king s na 

 tural capacity, though illustrated with some privileges of 

 the crown ; if the king have the seigniory in the right of 

 his crown, and the tenancy in the right of the duchy, as 

 our case is, and make a feoffment of the tenancy, the tenure 

 must be revived ; and this is by the ground of the common 

 law. But the case is the more strong by reason of the 

 statute of 1 H. IV. 3 H. V. and 1 H. VII. of the duchy, 

 by which the duchy-seal is enabled to pass lands of the 

 duchy, but no ways to touch the crown : and whether the 

 king be in actual possession of the thing that should pass, 

 or have only a right, or a condition, or a thing in suspense, 

 as our case is, all is one ; for that seal will not extinguish 



