coke b anthony low case Trin James in the court of ware l hold certain acre of  the manor of a parcel of the manor of b by knight service and suit of court to  b a and b be parcel of the earldom and afterward of the duchy of Lancaster and  be hold of the king by knight service in capite before they come to the crown  the duchy of Lancaster with the manor come to the crown l also hold a house c  in a by socage tenure and fealty and rend h by letter patent grant to a and  his heir the rend and confirm his estate in the say land and tenement to be  hold by fealty only afterward h grant the manor of a c to l and his heir to  hold by a certain rend and fealty only hold the tenure of all shall be by  fealty only when land passes from the king by his grant and in his grant no  tenure be reserve c the law will create a tenure best for the king but when  the land passes from a subject and of necessity the tenure change the law will  create a tenure as near the freedom of the first tenure as may be when the  king grant land without reservation of any tenure c the land shall be hold of  the king in capite by knight service accord to the rate and proportion of land  which belong to a knight fee Skinner Anthony low hold fiftynine acre and a  rood of land in Alderwasley of the manor of Alderwasley by knight service and  suit of court to Bewraper de iris i soldiers in tres soldiers of which manor  of Bewraper the manor of Alderwasley be parcel the say manor of Bewraper and  Alderwasley be parcel of the earldom and afterward of the duchy of Lancaster  which manor be hold of the king by knight service in capite a before they come  to the crown the duchy of Lancaster together with the say manor come afterward  to the crown by descent the say Anthony hold also a place where two capital  message be situate and half a acre of land in Alderwasley hold of the manor of  Alderwasley by socage tenure and fealty and rend among other land h by letter  patent under the duchy seal date June year grant to the say Anthony low and  his heir ancestor to the plaintiff who heir he be the aforesaid rend and  further ratify remised release and confirm position prd Anthonii in  terrisettenementis prd habend tenant prd a tenor by knight service c abolish  by car two cap coke report a er p Anthonio hredibus nest de we hredib  successorib our men per faithfulness coke a so much pro omni slavery secular  exaction demand and the say Anthony low so seize of the say acre c and of the  place where the capital message be seize mark a h the king grant the say manor  of Alderwasley and all land tenement rend reversion and service in Alderwasley  and Ashleyham parcel of the duchy of Lancaster to Anthony low ancestor of the  plaintiff who heir he be and his heir to bold the say manor land tenement rend  reversion and service of the king his heir and successor by the yearly rend of  S and fealty only for all service exaction and demand and the say grant be  execute by livery and seize all which premise be parcel of the duchy of  Lancaster and out of the county palatine of Lancaster and it be object that  when the king grant his signiory to his tenant to have to he and his heir by  that the ancient tenure be extinct and then the law will create a tenure in  capite by knight service for the best shall be take for the king as if the  king grant land to another without a reservation or mention a of any tenure  the law will create a tenure in capite by knight service forthat be the best  for the king and so if the king grant land b without to some place ind  reddendo the law will create the like tenure and therewith agree h a for of  necessity all land ought to be hold of some person when the king have  extinguish the service which be parcel of the manor of a then the tenancy  shall be hold as the manor of a be hold and that be a tenure in capite and the  Act of h and diverse other act have divide the possession of the duchy from  the crown but it be resolve that the tenure of the say acre and toss and half  acre shall be hold by c fealty only and as to the say objection it be answer  that when the king grant or release the service to the tenant and his heir it  can extinguish the tenure in all for necessity of tenure and the king can by  his charter alter the law but it shall be d expound as near the king intent as  may be and that be to extinguish all the service but that only which be a  inseparable incident to every tenure and that be fealty for that the king may  do by the law and id king to be able quod de jure to be able vide h  grammatical case ultimo and as to the case which have be put out of the book  in e h they be agree and affirm for good law but a difference be take when  land passes from the king by his grant and in his grant V no tenure be reserve  or when a clause be add without to some place ind reddendo there the law will  create a tenure best for the king but when the land passes from a subject and  the law coke b for necessity change one tenure to another there the law which  be quissimus judge will create a tenure as g near the freedom of the first  tenure as may be as if a bishop or h other man of the church hold certain land  to the king in frankalmoigne and at the commonlaw have feoff another and his  heir of the same land in this case the feoff shall hold by fealty only for  that be as near the freedom of the tenure in frankalmoigne as may be and so be  it resolve in Lone be case and the reason and cause of this difference be  because in the first case the land move from the king and therefore shall be  subject to such tenure as the law will create but when tenant in frankalmoigne  feoff another there the feoff be in by a subject and not by the king for in  such case the king depart with nothing also in this late case the law do not  create any tenure original as it do in the first a   b h Br livery roll postea  b lie de guard c Plowd b Br n c b post b roll   b lie de guard c c   light a  lie de guard c d   a   a a a   a a b   a   b   a Inst roll Bulstr kelw a a  side Leon Plowd a a b hard Fitzherbert grant Br exempt   light a h a roll g    light a h light sect   light a coke report a er p case but only change one  tenure into another S a tenure in frankalmoigne into a tenure by fealty only  and it be resolve that when the king grant any land a without reservation of  any tenure or b without to some place ind reddendo or the like there the land  by operation of law shall be hold of the king in capite by knight service  accord to the rate and proportion of land which belong to a knight fee and so  of more more and of less less for the act of law respect equity and will never  charge any one with more or less than in equity and reason it ought c Ips  etenin law to long for ut jure to keep straight and the case at bar be strong  because the king upon the grant of the service limit the tenure to be by  fealty only d for all service exaction and demand and the justice take no  regard of the tenure before the crown and duchy be unite in one and the same  person for as long as they remain in one person the ancient tenor of the crown  to sleep without interruption sleep for the king can hold of himself note  reader there be many and diverse opinion of the content e of a knight fee some  say that a hide or a carve of land contain acre and that eight hide or acre of  land make a knight fee and other bold that acre of land make it other say quod  cry aloud terr to hold together promontory cry aloud fanciunt carucatam terr  by which account a carve of land contain one hundred and twenty acre and  diverse other opinion be concern these matter but I conceive that a knight fee  or hide or carve or yard or oxgang coke a of land do not contain any certain  number of acre but a knight fee be proper to be f estimate accord to the  quality and not accord to the quantity I by the value and not by the content  and therefore it be true quod doctissimus Camden in svan britain p to sow  viz Subsequenti state ex census ut to obtain by begging fact fuer equity c and  antiquity think that g of land be sufficient to maintain the degree of a  knight as it appear in the ancient treatise de modus to hold parliament  tempore king eduvardi son king ethelderedi where it appear quod comitatus  videlicet a earldom constat ex a vigina this One soldier whithersoever you  please fee to sum up ad twenty balance baronia constat ex I fee part One fee  soldier sencundam calculation predict One fee soldier constat ex terris ad  valentian king which antiquity I cite because it concur with the Act of  parliament year e de soldier by which Act a census military man the estate of  a knight be measure by the value of of land per and and not by any certain  content of acre and therewith agree the statute of W c p and f n b where of  land in socage be put in equipage with a knight S fee and that be the most  reasonable estimation for one acre may he better than many other so that he  who c have acre or acre of some barren land have not a sufficient revenue to  maintain the degree of a knight and he who have a less number of acre of some  land have a live in a day strike against sufficient for the maintenance of a  knight so antiquity think that d mark of land per and a Ves Br tenure h a   b  h Br livery roll before a lie de guard c blow b Br n can b roll h a   b lie de  guard c Br tenure Ant a   a   a   light a a b b roll   b   light a c   b b b d  light Rep e   light a f roll   light a g   light b h   light b a lie de guard  c I   light b a lie de guard c king   light a oh lie de guard c a   light a b    light a c   light a d   light a coke report b er p be a competent live of a  baron and l per and ad to hold up nomen onus e of a earl and of late time mark  per a of a marquis and per and of aduke so that their annual revenue be  estimate b the value and not by the content f and a carve of land carucata  terr or a bide of land hida terr which be all one be not of any certain  content but as much as a plough can plough in a year and therewith agree  lambard word hide and a carve of land may g contain a house wood meadow and  pasture because by they the ploughman and the beast of the plough be maintain  and therewith agree tempt e h title brief e Plo Com in Hiill and Granges case  vide e h a and worthy of respect Beda call a ploughland household because it  contain necessary thing for the maintenance of a family and I Prisot well say  in h that a plough may plough more land in a year in some country than in  another coke b country and therefore it stand with reason that a king carve of  land shall be less in one place than in another e fine e fine a fine shall not  be receive de l One made of twigs terr for the uncertainty vide h but a acre  of land be certain by the statute m de Terris mensurandis n notam also reader  that every carve of land be of ancient time of the yearly value of five noble  per and and that be the live of a sokeman or yeoman et ex oh dvodecim  carucatis to agree One fee soldier which amount to per and and this you may  see boundary pasch year b in person Rogero de p Seyton associate nest justice  at WestmEbor rot radulfus de normanville to strive for in shorten de medio to  express grief contraLuciam de kyme quod cum ipse to hold de self duos  carectatas terr in Coningston per homage slavery military man unde dvodecim  carucate of land terr fanciunt One fee soldier pro omni slavery self to draw  asunder Self ad faciendum sectan ad curian svan de Thornton in craven c and it  be to be observe that the Q relief of a knight and of all superior who be  noble be the that part of their revenue per and as of a knight l which be the  that part of l so One baronia canstat ex fee soldier c de part One fee soldier  which amount to mark and therefore his relief be the that part of it know mark  and a earldom consist of knight fee which amount to and therefore his relief  be and this appear by the statute of great Charta chap and by the equity of  that statute forasmuch as a marquesdom which consist of the revenue of two  barony which amount to mark he shall pay accord to just proportion for his  relief mark and because a dukedom consist of the revenue of two earldom know  per and a duke shall pay for relief which be also the that part of his revenue  and therewith agree the record of the exchequer notam reader at the time of  the make of the statute of great Charta S h there be not any duke marquis or  viscount in England and therefore the statute do not make mention of they and  a the old son of king e call the black prince be the first duke in England  after the Conquest and Robert earl of b Oxford in the reign of r be the first  marquis such for inter ordines England in svan britain testatur Camden where  above et titulus c marchionis serius ad our come to nec ante r tempore any  honor that for robertum veer Oxford comrade darling urge at first e   light a    light a lie de guard c f   light a lie de guard c g   light a a   light a I    light a a   light a l   light a m   light a n   light a oh   light a p    light a Q roll   light b b a   b a a   light b b   light b c   light b coke  report a er p marchionem Dublini to mark out merumque to be honor nomen hc  that and before the reign of king h there be not any d viscount such for idem  author where above coke a to sow e post comites viscount row to follow  viscount our to call hc old times duty send novan rank appellation et h  tempore ad our at first hearing et dominus de f Bello monte be the first  viscount create by king h vide Cassianem in glory clean part consider that  this dignity of viscount be of great antiquity in other realm