The Works of Francis Bacon (Volume 15); Literary and Professional Works (Paperback)

Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: ARGUMENT LOWE'S CASE OF TENURES IN THE KING'S BENCH.1 The manor of Alderwasley, parcel of the Duchy and lying out of the county Palatine, was (before the Duchy came to the Crown) held of the King by knight-service in capite. The land in question was held of the said manor in socage. The Duchy and this manor parcel thereof descended to King Henry IV. King Kenry VIII. by letters patent 19 of his reign, granted this manor to Anthony Lowe, grandfather of the ward, and then tenant of the land in question, reserving twenty-six pounds ten shillings rent and fealty tantum pro omnibus servitiis; and this patent is under the duchy seal only. The question is how this tenancy is held, whether in capite or in soc- age. The case rests upon two points, unto which all the questions arising are to be reduced. The first is, whether this tenancy being, by the grant of the King of the manor to the tenant, grown to an unity of possession with the manor, be held as the manor is held, which is expressed in the patent to be in socage. 1 S. C. in Court of Wards, 9 Co. 123., where the decision was adverse to this argument. I do not know whether there was any wav in which the cause could be removed into the King's Bench. The second, whether the manor itself be held in socage according to the last reservation, or in capite by revivor of the ancient seigniory, which was in capite before the Duchy came to the Crown. Therefore my first proposition is, that this tenancy (which without all colour is no parcel of the manor) cannot be comprehended within the tenure reserved upon the manor, but that the law createth a several and distinct tenure thereupon; and that not guided according to the express tenure of the manor, but merely secundum normam legis, by the intendment and rule of law, which ...