coke b sir John MOLYNS case hill Elizabeth in the exchequer where the king  grant shall preserve the mesnes tenure Inst   a   a roll hard lane Poph black  Com ch fol roll Day 4 a Co 47 a h Br parliament b n c Co 4 a   Edward b king  Edward Lord the abbot of Westminster mesne and c tenant of the manor of  Chippenham in the county of buck the tenant be attaint of treason and after  ace find thereof king Edward by his letter patent grant over the say manor to  sir John Molin and his heir tenendum de we hdibus successor our men other can  pitalibus owner fee that per the condition of a slave ind debt is owed de jure  consuet of who and how this land shall be hold be the question and it be  object that in this case the tenure shall be of the king foe three reason  because the word of the tenendum be per the condition of a slave ind debt is  owed de jure consuet which word can not either revive or create a tenure to  the mesne for by the attainder the mesnalty be extinct and therefore at the  time of the king grant no one the condition of a slave fuer debt is owed de  jure consuela for all service be extinct and therefore as in h Br parliament  it be say that if the king have land by forfeiture of treason thereby all  tenor be determine as well of the king as of other and there if this land be  afterward give to another by parliament I save to all other their right rend  service c there the signory of common person be not revive for no signiory be  in be tempore favorable right of way for cattle fact so in the case at bar  tempore destroying literar to stand open there be no signiory or service in be  and therefore of necessity the say manor ought to be hold of the king but the  word ought to have be per the condition of a slave ante treason or ante  aftincturam ind prius debt is owed c in this case a express tenure be reserve  to the king for the tenendum be tenendum de we c and therefore it ought to be  hold of the king and forasmuch as coke a one and the same land can be  immediate hold of many therefore these word other of the head owner c be void  and the first word videlicet tenant de we shall stand diverse office and  licence of alienation and other record be show to the court by which it appear  that the law have be always so take that the say manor be hold of the king in  capite custom be optima interpreter law as to the first it be answer and  resolve by the baron of the exchequer that the word be a   a b   a   b roll a  sufficient to create a tenure in the mesne as it be before the treason for so  be the king meaning and it be consonant to equity videlicet that the mesne who  do not offend shall not lose his service and therefore the grant shall be take  beneficial for the honour of the king and for the relief of the mesne and the  word of the tenendum can have any other reasonable construction and as to this  point they strong rely on the book in Henry a where Prisot say that if the b  roll Rep roll b n c Inst lie de guard livery b tenor b king seize any land by  coke report b er p forfeiture of treason grant a the king be now restrain from  alienation otherwise than for a limit period with note r Alton wood   a a the  same land to another by these word tenendum de of to head dominoper the  condition of a slave debila consuet that the same land be hold of the chief  lord as it have be adjudge and therewith agree e vide c   Inst light Rep c e  petition   b a b Inst e b and as to the case of h d   a roll before a b n h Br  parliament b I c light Rep d it be answer and resolve that it be not like this  case for a save can save that which be not in be but in the say book it be  further say videlicet here be not word of gift or revive but in the case at  bar the king grant do in judgement of law amount to the revive of the ancient  seignory note the gravity of the ancient sage of the law to construe the king  e roll a b   a postea a a   a a b b   a a   b   a Inst Bulst Keilw a a Leon  side Plowd a a b hard Fitzherbert grant Br exempt roll e grant b Vid the note  to the case of Alton wood   a b beneficial for his honour and the relief of  the subject and not to make any strict or literal construction in subversion  of such grant as to the second point it be resolve that all the word of the  tenendum in the case at bar may well stand for the say manor shall be hold of  the king as lord paramount and of the abbot as mesne Viz of the mesne  immediate and of the king by a mesne as it be hold before the attainder and  that be the honourable intention of the king and stand well with the word for  as the baron say divide the word of the tenendum into two several case and  then join they together and the case wouldbe without any difficulty first if  the tenant have be de we hred such our men per the condition of a slave ind  debt is owed de jure consuet the tenure shall be of the king immediate if the  word have be de capital domfeodi illiusper the condition of a slave ind debit  de jure consuela the immediate tenure shall be of the abbot as it be before  then join they coke b together as in the case at bar and the tenure shall be  of the abbot immediate and of the king as lord paramount as to the say office  licence and other record the baron say that forasmuch as by construction of  law on the say letter patent it appear that there be no immediate tenure of  the king although it have be otherwise find in office or admit in licence or  other records that can alter the true tenure which original appear to they as  judge of record and it be say quod although custom be full authority never yet  prjudicat reality