Churches Case
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1792 |
| Date | 01 January 1792 |
| Court | Court of the King's Bench |
English Reports Citation: 80 E.R. 623
COURT OF WARDS, AND OTHER COURTS AT WESTMINSTER
17 jacobi kegis, trinity term. churches case. It was found by office, 7 Eliz. that the marinor of Woodham Mortimer in Essex: was holden of the said Queen as of her mannor of Penerel by knights-service. Question. Whether thia were a mean tenure, or a tenure in capite? and it was. enforced by His Majesties councel, that the same was as available in law, as if it had been found expresly to be holden by knights-service in capite, in regard the said honor of Peneral was one of the four known and capital honors anciently annexed to the Crown : and that all tenures of the Kings and Queens of England by knights-service, as of that honor, had been always taken and adjudged to be tenures in capite by knights-aervice, as of that honor which being of great importance and consequence touching the revenue of this Court and the Court of Exchequer concerning the said honor of Penerel: Tanfield Lord Chief Baron, and Baron Altham were required to assist the Court, and deliver their opinions therein, who having heard couticel in debating the cause two whole days, the matter principally insisted upon being, whether Penerel were an ancient honor, anciently in the Crown 1 and whether all tenures as of that honor by knights-service, have been anciently taken to be tenures in capite by knights-service? and whether that exposition had been always in use and practise in the said Court of Exchequer, and also in this Court since the erection thereof? and whether the said mannor of Woodham Mortimer were in truth holden of the said honor in capite by knights-service, and so taken in former times, and appearing by former records? whereupon and upon perusal of many...
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