LOW S CASE OF TENURES. 279 



so much as a spark of that which is in the right of the 

 crown ; and so a plain revivor. 



And if it be said that a mischief will follow, for that 

 upon every duchy patent men shall not know how to hold, 

 because men must go back to the ancient tenure, and not 

 rest on the tenure limited ; for this mischief there grows an 

 easy remedy, which, likewise, is now in use, which is to 

 take both seals, and then all is safe. 



Secondly, as the king cannot under the duchy-seal grant 

 away his ancient seigniory in the right of his crown, so 

 he cannot make any new reservation by that seal, and so, 

 of necessity, it falleth to the law to make the tenure ; for 

 every reservation must be of the nature of that that pas- 

 sethj as a dean and chapter cannot grant land of the chap 

 ter, and reserve a rent to the dean and his heirs, nor e con- 

 verso : nor no more can the king grant land of the duchy 

 under that seal, and reserve a tenure to the crown : and 

 therefore it is warily put in the end of the case of the duchy 

 in the commentaries, where it is said, if the king make a 

 feoffinent of the duchy land, the feoffee shall hold in capite; 

 but not a word of that it should be by way of express re 

 servation, but upon a feofFment simply, the law shall work 

 it and supply it. 



To conclude, there is direct authority in the point, but 

 that it is via versa; and it was the Bishop of Salisbury s 

 case : the king had in the right of the duchy a rent issuing 

 out of land, which was monastery land, which he had in 

 the right of the crown, and granted away the land under the 

 great seal to the bishop; and yet, nevertheless, the rent 

 continued to the duchy, and so upon great and grave advice 

 it was in the duchy decreed : so, as your lordship seeth, 

 whether you take the tenure of the tenancy, or the tenure 

 of the manor, this land must be held in capite. And there 

 fore, &c. 



