coke ESTWICKS case Trin James in curian Wardorum grant by the crown de  agreeableness specialietex cerla scientiaetmero movement c of certain land in  fee parcel of the possession of a late dissolve monastery to hold the  aforesaid land of we and our successor as of our manor of e g in the county of  king in capite by the service of the twenty part of one knight S fee for all  rend service exaction and demand whatsoever hold the land be hold of the king  as of the honour and not in capite note a tenure of any ancient honour be by  usage and allowance in all age take to have the effect of a tenure in capite  videlicet to have all the land in guard king Philip and queen mary by their  letter patent de agreeableness S eciali et ex certan knowledge et mero  movement c grant to Aringal wade in fee the farm or grange call Milton grange  in comb ford parcel of the possession of the late dissolve monastery of  Wooborne tenendum predictam strong sive grangium de we et successor our men ut  de manor our men de east Greenwich in cone Kantice be capite per slavery  vicesimte birth One fee soldier pro omnibus redditibus serviliis expulsion  etdemandis whoever which grange by mean conveyance come to Chrand spher  estwick after who death the tenure be find verbatim accord to the word of the  patent and the question be if the tenure be by a mean as of the say honour or  in capite and their principal reason be that the letter patent of the king  shall be construe accord to the king intention express in his charter and in  this case of necessity some word ought to be reject sure these word in capite  and then the sense will be tenendum de we c ut de manor our men de east  Greenwich in com Ifanli e per slavery vicesimce birth One fee soldier c or  these word de manor our men de east Greenwich in come Kantice and then the  sense will be tenendum de we c in capite per fivepercent tax parten One fee  mililis c for both together can stand and coke report er p then the better  shall be take for the king as in mark die tenure of the king per slavery  military man be to be intend tenure in capite so tenure de quo well who et per  queen the condition of a slave ignorant be tenure in capite for the best shall  be take for the king vide h Edward and h h per Hussey h per Fineux h title  office brook action another reason be add that if these word in capite shall  be reject then the word ensue sure per slavery vicesimce parlis uniusfeodi  soldier c shall be reject here and then the tenure will be by one entire fee  of a knight for word in the middle of a sentence may be extract and as well  the consequent as the precedent stand but it be answer and resolve that the  say grange be hold of the king as of the honour and not in capite and the  reason be for this that tenure of the king in capite be as much as to say  tenure in gross or of the person of the king a and for this that the chief and  principal part of body of the tenure of the person of the king be say in  capite and it appear by ancient record that in ancient time all tenor in gross  or coke of the person of a subject be call tenure in capite as in clause h  member Roberiusfilius Madock to hold earth de Thoma Corbet in capite and in  the same manner you shall find by many other record land to be hold of subject  in capite which we call tenure of the person or in gross but of late time to  say de ring only land tender in capite then it be as much as to say tenendum  de we c ut de manor our men de east Greenwich in gross ut de personanostra  which be against the nature of a tenure in gross or of the person when the  land be express limit to be hold of a manor c and for this if the say word  shall be transpose sure tenendum de we in capite ut de manor our men de east  Greenwich c this will not alter the case so when in the beginning or end the  land be express limit to be hold ut de manor the tenureof the person be  abundant or it may have this sense that the king be coput tolius royal power  and for this inasmuch as it be limit to hold of the king who be chief it may  be vulgar say that the tenure be in chief inasmuch as it be of the king as of  a manor and as to the second objection it be resolve that the abundant word  shall be extend in construction of the law and not the word subsequent which  do limit the term in certainty and with this resolution in the principal point  agree mich and Elizabeth where it be find that Owen bee David be seize of  certain land in fee hold of the queen as the principality of Wales in capite  and it be hold er a council curian no tenure in capite and so as it be say it  be resolve in the time of h in baron Luke case where land be grant by the king  to bold of he as of the honour of Huntington in capite that this be a mean  tenure and not in capite notam that a tenure of any ancient honour as of  raleigh Hagent and Peverel be by usage and allowance in all age take to have  the effect of a tenure in   I Le sure to have all the land in guard c etnon  valet ratio contraexperimentum vide the statute of great Charta cap and the h  in rot parliament not print and h c vide Bracton lib fol h dyer h brook title  livery Edward a Vid Mr hargrave note   Litt a coke report er p coke report er  p coke report volume the thirteenth part of the report publish from the note  of sir edward coke Knt after his death with note and reference by John  Farquhar Fraser Esq of Lincoln inn BarristeratLaw TO the reader reader it may  seem altogether a unnecessary work to say anything in the praise and  vindication of that person and his labour which have have no less than the  general approbation of a whole nation convene in parliament for if king  Theodoric in Cassiodore can affirm nor for dignus be a somewhere refute who  our men judgment to spin free that no man ought to be reprove who his prince  commend how much rather then shall man forbear to censure those and their work  which have have the great allowance and attestation a senate can give and to  acquiesce and rest satisfy in that judgement such respect and allowance have  be give to the learned work of the late honourable and venerable chief justice  sir Edward coke who person in his lifetime be reverence as a oracle and his  work since his decease cite as authentic authority even by the reverend judge  themselves the acceptance his book already extant have find with all know  person have give I the confidence to commend to the public view some remain of  his under his own handwriting which have not yet appear to the world yet like  true and genuine eaglet be well able to behold and hear the light they be of  the same piece with his former work and in respect of their own native worth  and the reference they bear to their author can be too high value though in  respect of their quantity and number the case report be but few yet as the  skilful jeweller will not lose so much as the very file of rich and precious  metal and the very fragment be command to be keep where a miracle have be  wrought propler wonder claritalemete videntiam so these small parcel be part  of those vast and immense labour of their author great almost to a miracle if  I may be allow the comparison be there no other use to be make of they as  there be very much for they manifest and declare to the reader many secret and  abstruse point in law not ordinary to be meet with in other book so full and  ample relate deserve a publication and to be preserve in the respect and  memory of learned man and especial the professor of the law and to that end  they be now bring to light and publish farewell