Note 353 — Book IX.
John Beames translation
The Reader will observe the expression, the King retains, whilst an inferior Lord seises or takes, the fee into his hands. In manum regis delapsa est is the expression of Dial. de Scacc. speaking of a fee held in chief, upon the death of its owner. (L. 2. c. 10.) But a passage in Mr. Madox’s Hist. of the Excheq. serves to throw still more light on the text. “Every Honor originally passed from the King, and, upon every change, by death, or otherwise, returned to the King again, and remained in his hand, until he commanded seisin of it to be delivered to his Homager, according to the custom of noble fiefs.” As the Law, by the magic of a fiction, cast the Inheritance on the King the moment his Tenant in Capite died, it was merely necessary for him to retain it—whilst the Law, not interfering on behalf of an inferior Lord, obliged him to seise the Land.