The works of Francis Bacon, lord chancellor of England.

278 LOW'S CASE OF TENURES.
So if in ancient time one held of the king, as then, that the reservation of the service upon the
of a manor by knight's service, and the land re- manor cannot possibly inure to the tenancy; and
turn to the king by attainder, and then the king then, if a corruption be of the first tenure, and no
granteth it tenend' per fidelitatem tantum, and it generation of the new, then cometh in the tenure
ustin's ofce. returneth the second time to the king, per norman legis, which is in capite.
and the king granteth it per servitia And the course of my proof shall be ab enumeantehac consucta; now, because of the uncertainty, ratione partiurn, which is one of the clearest and
neither service shall take place, and the tenure most forcible kinds of argument.
shall be in capite, as was the opinion of you, my If this parcel of land be held by fealty and rent
lord chief justice, where you were commissioner tlantzm, either it is the old fealty before the purto find an office after Austin's death. chase of the manor, or it is the new fealty reserved
So if the king grant land telnend' de manerio de and expressed upon the grant of the manor, or it
East Greenwich vel de honore de Hampton, this is is a new fealty raised by intendment of law in
void for the non-certainty, and shall be held of conformity and congruity of the fealty reserved
the king in capite. upon the manor; but none of these, ergo, &c.
For the third branch, if the king That it should be the old fealty, is void of sense;
limit land to be discharged of tenure, for it is not ad eosdem ternzinos. The first fealty
as absqcve a/liquo inde reddendo, this is a tenure in was between the tenancy and the manor, that tezapite, and yet, if one should go to the next, ad nure is by the unity extinct. Secondly, that was
proximonm, it should be a soccage, for the least is a tenure of a manor, this is a tenure in gross.
next to none at all; but you may not take the Thirdly, the rent of twenty-six pounds ten shilking's grant by argument; but, where they can- lings must needs. be new, and will you have a
not talke place effectually and punctually, as they new rent with an old fealty? These things are
are expressed, there you shall resort wholly to the portenta in lege; nay, I demand if the tenure. of
judgment of the law. the tenancy, Low's tenure, had been by knight's
14. 6, f. 12 So if the king grant land tenend' si service, would you have said that had remained 1
frannkment come iien son corone, this is No, but that it was altered by the new reservaa tenure in capite. tion; ergo, no colour of the old fealty.
hferefeild's If land be given to be held of a lord- That it cannot be the new fealty is also manicase. ship not capable, as of Salisbury Plain, fest; for the new reservation is upon the manor,
or a corporation not in esse, or of the manor of and this is no part of the manor: for if it had
a subject, this is a tenure in capite. escheated to the king in an ordinary escheat, or
So if land be giyen to hold by impossible ser- come to him upon a mortmain, in these cases ii
vice, as by performing the office of the sheriff of had come in lieu of the seigniory, and been parcel
Yorkshire, which no man can do but the sheriff, of the manor, and so within the reservation, but
and fealty for all service, this is a tenure in clearly not upon a purchase in fact.
capite. Again, the reservation cannot inure, but upon
For the fourth branch, which cometh nearest to that which is granted; and this tenancy was never
our case; let us see where a seigniory was once, granted, but was in'the tenant before; and thereand is after extinguished; this may be in two fore no colour it should come under the reservamanners, by release in fact, or by unity of profes- tion. But if it be said, that nevertheless the seigsion, which is a release or discharge in law. niory of that tenancy was parcel of the manor,
d30 nd, therefore, let the case be, that and is also granted; and although it be extinct in
D.ers.H. 7, the king releaseth to his tenant that substance, yet it may be in esse as to 9El.Coke,
holds of him in soccage; this release the king's service: this deserveth an- Lib. 3 f. 30.
is good, and the tenant shall now hold in capite, swer: for this assertion may be colourably inferfor the former tenure being discharged, the tenure red out of Carr's case.
in law ariseth. King Edward VI. grants a manor, rendering, 3, f. 4. So the case, which is in 1 E. III., a ninety-four pounds rent in fee farm teneldutm de
fine accept. fine is levied to J. S. in tail, the re- East Greenwich in soccage; and after, Queen
mainder ouster to the king, the state tail shall be Mary granteth these rents amongst other things
held in capite, and the first tenancy, if it were in tenendum in capite, and the grantee released to
soccage, by the unity of the tenancy, shall be the heir of the tenant; yet the rent shall be in esse,
discharged, and a new raised thereupon: and as to the king, but the land, saith the book, shall
therefore the opinion, orrather the query in Dyer, be devisable by the statute for the whole, as not
no law. held in capite.
4 et 5 P. M. Thus much for my major proposition: And so the case ofthe honour of Picknow for the minor, or the assumption, eringe, where the iking granted the Ss. p. p60.
it is this: first, that the land in question is dis- bailiwick rendering rent; and after granted the
charged of tenure by the purchase of the manor; honour, and the bailiwick became forfeited, and