coke a leonard LOVIESS case pasch James if a man be seize of three acre of  land of a equal yearly value one of they be hold of the king by knight service  in capite and have issue two son give the acre so hold and one of the other  acre to his young son in tail and afterward purchase other three acre of equal  annual value hold in socage he can devise but two part of the land new  purchase feoff of certain manor to the use in certain indenture of the same  date express and declare videlicet to the use of feoff for his life and  afterward to the use of such tenant as he shall demise any part of the premise  to for life or year c and afterward to the use of the performance of his will  and to the use of such person and person to who by his will he shall devise  any estate or estate in the premise and after performance of his will to the  use of several person successive in tail and ultimate to the use of himself  and his heir for ever with power of revocation to alter change or make void  the feoff or any use of the manor or any estate or estate which shall grow or  shall be execute by reason of any use or use in any of the say manor c or if  the feoff shall be mind or dispose to have again the say manor c or give or  dispose of they in any other manor than before limit c that then by write seal  with his seal and sign with his own hand and signify to the feoff the former  use of such and so many of the say manor c shall be revoke and void and the  feoff shall be seize to the use of the feoff and his heir for ever the feoff  afterward by his write sign seal c recite his power of revocation c do revoke  and make void the feoff concern certain of the manor only and declare that so  much and no more of the say feoff shall be void the use limit in tail be in  contingency and in the mean time the use of the fee vest again in the feoff  the revocation as to the several manor be good on a devise by one to his old  son in tail for year c remainder in tail to other without any restraint to any  number of year with proviso against alienation by the first devisee otherwise  than to lease c for year determinable on life the devise to the first devisee  be but for year semble a limitation de to make new of a term of year in tail  male will determine on failure of issue male note if a term be devise to one  and the heir male of his body the heir shall not have it but the executor and  the devisee may alien the term to who he will SC Brownl Bulstr Fitzgib post b  c in a ejection firm bring by Robert Prowt against Roger Worthen on a demise  make to the plaintiff by Leonard Lovies gentle of Mars year king nunc of acre  of land in Clawton in the county of Devon for five year from the last day of  June then last pass the defendant plead not guilty and thereupon the jury give  a special verdict to this effect Leonard Lovies Esq be seize of the manor of  Affaland and Heanton in the county of Devon and Cornwall and of the manor of  Rillaton Perigelly Willesworthy and Trivesquite in the county of Cornwall in  his demesne as of fee and have issue Thomas his old son William Lovies  Humphrey Lovies and Richard Lovies which William afterward have issue Leonard  the lessor of the plaintiff and the say Leonard the grandfather septemb year  Reginoe coke report b er p Elizabeth by his deed feoff Robert prideux Esq  Humphrey Specot Esq and other and their heir to the use and intent in certain  indenture tripartite of the same date express and declare that be to say of  the manor of Rillaton Pengelly and Willesworthy and of the manor of Affaland  to the use of Leonard Lovies the grandfather for his life without impeachment  of waste and afterward to the use of such fermors or tenant to who he shall  demise any part of the premise for or during life or life and for any term of  year as in any such demise or demise shall be limit and appoint c and  afterward to the use of the performance coke b of the last will and testament  of the say Leonard the grandfather and to the use of such person and person  several to who the say Leonard the grandfather by his last will shall devise  any estate or estate of and in the say manor last mention or of any part of  they accord to the true intent and meaning of his say last will and after the  performance of his last will to the use of the say William Lovies and the heir  male of his body issue and for default of such issue to the use of Humphrey  Lovies and the heir male of his body lawful beget and afterward to the use of  Richard Lovies and the heir male of his body lawful issue and for default of  such issue to the use of Leonard the grandfather and the heir male of his body  upon the body of Ibot his wife beget and afterward to the use of the heir  female of the body of the say Leonard the grandfather and for default of such  issue to the use of the say Leonard the grandfather and his heir for ever and  of the manor of Heanton to the use of the say Leonard the grandfather for his  life without impeachment of waste and to the like use as aforesaid save that  the say Humphrey be prefer as to this manor before William and then to William  with such remainder over as be aforesaid and of the say manor of Trivesquite  to the like use as aforesaid save that Richard Lovies be prefer to this manor  in remainder to he and his heir male of his body before William and Humphrey  and afterward to the same use as aforesaid in which indenture there be a power  of revocation see that if the say Leonard the grandfather shall be mind or  dispose to alter change or make void the say feoff well once use earundem  manerior seu once stalum well status who to grow progressively anglic shall  grow or shall be execute by reason of any use or use in any of the say manor c  or if the say Leonard the grandfather shall be mind or dispose to have again  the say manor or any part of they or to give or dispose of the say manor or  any part of they in any other manner than they before be limit or to have  again the say manor or any part of they to he and his heir as in his former  estate and thereupon Leonard the grandfather by his write seal with his seal  and sign with his own hand shall notify and signify his will and pleasure to  the say Roger and Humphrey c that then after such notice and signification in  such write as aforesaid such and so many of the say manor whereof he shall  make such notice or signification in such write shall be coke a entire revoke  and utter void and shall be to the use of the say Leonard and his heir and  that the say feoff then shall be seize c to the use of the say Leonard the  grandfather and his heir for ever lease in form aforesaid to be make always  except and reserve and afterward see April year Elizabeth queen Leonard Lovies  the grandfather purchase to he and his heir of George Digley Esq the say eight  acre in which c and afterward of Mars year Elizabeth by his write seal with  his seal and subscribe with his own hand recite his say power of revocation  signify by the say write to the say Roger Humphrey c do revoke and make void  the say feoff concern only the say manor of Rillaton Pengelly and Willesworthy  and the say manor of Affaland the barton there only except and further declare  and signify to they that so much and no more of the say feoff and indenture  which contain the say premise except before except shall be utter frustrate  and void and the say Leonard the grandfather so be seize of all the aforesaid  premise as the law require of Mars year Elizabeth Reginea make his last will  in write and devise the say acre in which c inter alian to Thomas Lovies his  old son by these word follow I devise to Thomas Lovies my old son all my manor  c within the county of Cornwall wherein or in the which I the say Richard  Lovies have or have any estate of inheritance the land by I sell only except  and also all my manor land tenement rend reversion service and hereditament  with the coke report b er p appurtenance within the county of Devon wherein or  in which I have or have beside the land by I sell any manner of estate or  inheritance except and always reserve out of this present gift grant will and  bequest my manor of Trivesquite within the say county of Cornwall and all the  message land and tenement in Trivesquite aforesaid within the parish of saint  Mabin in the say county of Cornwall and also the patronage of the rectory and  parsonage of saint Mabin aforesaid in the say county of Cornwall and also  except and always reserve out this present gift grant and bequest as well the  barton only of my manor of Affaland in the say county of Devon as all my manor  of Heanton alias Heighaunton with the patronage of the rectory and parsonage  of Heanton alias Heighaunton aforesaid in the say county of Devon and my  tenement call Tenakar in the parish of Clawton in the county of Devon  aforesaid to have hold occupy and enjoy the coke b premise with the  appurtenance except before except to my say son Thomas and the heir male of  his body lawful beget from and of to my death for and during the term of year  then next ensue full to be complete and end upon this condition that my say  son allow all such estate grant and conveyance thereof already make or at any  time to be make by I the say Leonard Lovies of and in the say manor message  land tenement and other the premise to he by this my last will give grant and  bequeathe accord to the true meaning purport and effect of the say lease and  lease so make or to be make provide always that if my say son Thomas or any  the issue male of his body lawful beget alien give or grant the same or any  part thereof to they by these present give grant and appoint otherwise than to  lease demise or grant the same or any part thereof to any person or person for  term of any number of year as may and shall be determine upon the death of any  three person or upon the death of any less number of person to be name within  the say several lease demise and grant and whereupon the old and most accustom  rend and service shall be yearly reserve to have continuance during the same  several lease that then all the premise for default of such issue male of the  body of the say Thomas lawful beget or to he beget or so much thereof as shall  be alien give and grant otherwise than as aforesaid by the say Thomas or by  the say issue male immediate upon every or any such alienation gift or grant  so make or to be make of the premise or of any part thereof contrary to the  true meaning of these present shall remain and come to my son William Lovies  and to the heir male of his body lawful beget and for default of such issue or  if the say William or any of his issue male of his body lawful beget make any  manner of alienation gift or grant otherwise than my say son Thomas or  otherwise than they may lawful do by virtue of the statute make in the d year  of the reign of king Henry in that case provide or any of his say issue male  may lawful do by these present then all the say premise for default of such  issue or so much thereof so alien give or grant by my say son William or by  any of the issue male of his body lawful beget otherwise than as aforesaid  shall remain and come to my son Humphrey Lovies and to the heir male of his  body lawful beget c coke a and afterward the say Leonard Lovies the  grandfather die seize of the say eight acre of land in which c and of other  the premise seize prout lexpostulat and that the say eight acre be hold in  socage and that the say tenement devise by the say will at the time of the  death of the say Leonard the grandfather be of the yearly value of S d per  annum non ultra and that the tenement whereof the say feoff be make and not  revoke at the time of the death of the say Leonard the grandfather be of the  yearly value of S d and that the say manor of Trivesquite only be hold by  knight service in capite and that the say Leonard the grandfather have not any  other land and that Thomas Lovies after the death of the say Leonard the  grandfather enter into the say eight acre in which c and die without heir male  of his body have issue Julian his daughter who take to husband Robert doily  Esq who enter into the say eight acre in which c and that the say Wilfiam  Lovies die have issue the say Leonard Lovies in the writ and declaration  mention who enter into the say coke report b er p eight acre in which c upon  the possession of the say Robert and Julian and demise to the plaintiff the  say eight acre in which c as in the declaration be allege who enter upon who  the defendant by the commandment of the say Robert doily and Julian his wife  do enter and eject he and if the entry of the say Leonard Lovies the lessor be  lawful or not be the question c after that this case be of great difficulty  and consequence have be often argue at the bar for it begin Trin James king  rot this term it be argue by the justice and it be conclude that judgement  shall be give against the plaintiff because the entry of the say Leonard  Lovies the lessor be not lawful and in this case diverse point be move and  resolve by the court some upon the statute of h of will and some at the  commonlaw upon the say statute if a man be seize of three acre of a equal  yearly value one of they be hold of the king by knight service in capite and  have issue two son give the acre so hold and one of the other acre to his  young son in tail by which he have so execute his power that he can devise by  his will any part of the three acre and afterward he purchase other three acre  of equal annual value hold in socage now he have the reversion in fee  expectant on the gift in tail make to his young son and the three acre new  purchase hold in socage can devise but two part of the say land new purchase  in respect of the say reversion a but against that two coke b objection be  make that the reversion depend upon the estate which be give in tail accord to  the power and authority give he by the act of h to the young son upon which  wardship or primer seize be save and give by the say act to the king that the  say reversion depend upon the say estatetail shall not binder the devise of  the other land hold in socage purchase afterward because the king be once  satisfy for it as if a man make a feoff of land whereof part be hold by knight  service in capite to the use of his elder son and the heir male of his body  and afterward to the use of his young son in tail or in fee and die if the  king be once satisfy of the wardship or primer a seize after the death of the  father and afterward the elder son die without issue he shall not have another  primer seize after the death of the elder as it have be often resolve for the  say statute be satisfy with the first so in the case at bar the say statute  once wrought upon the gift in tail of the acre in capite and therefore the  reversion of the same acre shall not restrain the devise of the land hold in  socage new purchase the say reversion be b fruitless and not of any yearly  value as long as the estatetail continue and therefore be not within the say  act for they do dot extend to such hereditament which be not of any yearly  value as it be resolve in butler and baker case in the three part of my report  fol b but it be resolve that the say reversion c expectant upon the estatetail  do restrain the devise of the whole socage land new purchase by the express  letter of the Act h and further be it declare and enact that all and singular  person and person have a sole estate c in feesimple c of or in any manor land  tenement c in possession reversion or remainder c hold of the king by knight  service in castle so that without question the devisor have a estate in  reversion of the land so hold and by consequence he can devise but two part of  the land new purchase and as to the case which have be put that the young  brother in remainder after the king have be once d satisfy by the elder  brother shall not sue livery it be agree for good law because in such case the  word and meaning of the statute be satisfy and the young son claim by purchase  and not as heir to the elder son and therefore after his death he can be in  ware or pay primer seize and therewith agree Elizabeth dyer e and Matt mean  case in a tenor by knight service c be abolish by stat car c the whole land be  now devisable a   b   light a   a die pl a b   light I ill b b vide note I  butler and baker case   a c   Cr Elizabeth d   light a die pl dyer pl coke  report a er p the nine part of my report fol a b and coke chief justice say  that it be resolve in the king bench hill Elizabeth Reginee in clement howard  case coke a that if a a man seize of land in fee part of which be hold of the  king by knight service in capite convey two part of they to any of his soil or  to the use of his wife for life or in tail in such case he may by his will  devise the reversion of the two part although the statute be in the  disjunctive by act execute or by his will yet the intent of the Act be that he  shall have power to dispose two part b entire as to all estate and to leave  only the three part to descend and that appear by the word of the stat of c h  see to give dispose will or assign by his will or act execute by himself sole  c or by all these way or any of they which be as much as to say either by will  or by act execute c or by they both as to the say word of the stat in  possession reversion or remainder it be resolve where the say Leonard Lovies  have a remainder in tail expectant upon the estate in tail limit to his son  that d such remainder be not within the say Act and therefore if a be seize of  land hold in socage and b seize of land in fee hold by knight service in  capite make a lease for life or a gift in tail to c the remainder to a in tail  or in fee a by his will devise all his land hold in socage and die live the  lessee for life or during the gift in tail the devise be good for all the land  hold in socage for such remainder be not within the intendment of the statute  but only such remainder which may draw wardship and marriage by the commonlaw  as if a man make a lease for life or for year and afterward grant the e  reversion for life or in tail the remainder in fee and afterward the grantee  for life die or the donee in tail die without issue such remainder which be  now in point of f reversion be within the statute for it will by the commonlaw  draw in such case wardship and marriage c and that it ought to be a remainder  of such nature appear by the word of the say Act itself next follow or if any  rend or service incident to any reversion or remainder for no rend or service  can be incident to any remainder but of such nature as to the d objection it  be resolve that there be a difference betwixt g hereditament which of their  nature be not of any annual value as good et catalla felon et fugiti@or waif  stray like vide for that in butler and baker case f b and the notable opinion  of Prisot chief justice in this court in h a upon the stat of h h c and thing  which of their nature be of a annual value but in respect of a gift or lease  without to some place ind reddendo they be not of any present value coke b as  in the case at bar although the reversion in prsenti be not of any annual  value yet the land itself be of a annual value and therefore such reversion be  devisable as it be resolve by Popham and Anderson chief justice in the court  of ware Trin Elizabeth in beddingfields case where the case be that Edmund  Bedingfield of Oxborough in the county of Norfolk Esq be seize of six manor in  the county of Norfolk and Suffolk S of one in his demesne as of fee and of the  other in tail with the reversion expectant to he and his heir and have issue  Thomas Bedinufield diverse of which manor be hold of the queen by knight  service in capite and b every one of they of equal annual value the say Edmund  by his last will in write devise all the say manor to diverse person and their  heir upon trust and confidence for payment of his debt and advancement of his  child and die and the estate in tail which descend to his issue be more than  the three part of the whole now the question be if the say devise shall be  void for a three part of the manor in possession and a three part of the  reversion in fee or if it shall be good for the whole manor in possession and  for the entire reversion or if it shouldbe good for the whole manor in  possession and two part of the reversion and those doubt a   light b b   light  b e h c d more e   light b f raym   light b g   light b postea a h raze stat    light a coke report a er p arise upon two branch of the say statute of h the  first be in these word all and singular person and person have a sole estate  in feesimple in possession reversion or remainder hold of the king by knight  service in chief shall have full power c to dispose two part by which clause  it seem the devise shall be void for the three part of the manor in possession  for the devisor have a sole estate of the reversion in fee hold by knight  service in capite the second clause be and that the king shall have c for his  three part c such manor as shall descend as well in tail as feesimple and that  the will of every such devisor of and for the two part of the say manor  residue shall stand good albeit the will be make of all his feesimple land by  which branch it seem clear that if the devisor have not any reversion in fee  but only the say estatetail that the devise shall be good for all the manor in  possession but the have the reversion upon the consideration of the say former  clause make the question and it be question full of crooks difficulty full in  which case it be first resolve by the two chief justice that a reversion in  fee expectant on a estatetail seck and fruitless be within the say Act for the  cause and reason aforesaid it be resolve that the say devise shall be good for  two part of the reversion and for the whole manor in coke a possession and  that by the meaning of the maker of the Act upon both branch to the end the  debt of the devisor shall be pay and his last will perform which be one of the  principal motive of make the say Act and such determinate to be thorny that  quslio vide a Elizabeth dyer the Lord paget be the queen tenant by  knightsservice in capite levy a fine to the use of himself for life and  afterward to the use of his elder son in tail and afterward to the use of his  young son in tail and afterward to the use of the right heir of the say Lord  paget and die the elder son of full age sue livery and pay the value of the  three part of the land in possession and the moiety of the reversion in fee  accord to the usual rate which prove that the act of b h be in the affirmative  and which give the king benefit in respect of the possession take not away  such benefit which the commonlaw give the king for the reversion of the same  land it be also resolve that although c hereditament which of their nature be  not of any annual value can be devise yet if they be hold in capite they shall  restrain the devise of manor land c and shall make they void for a three part  for the hereditament hold by knightsservice in capite need not be devisable  and the chief justice in his argument for the more perspicuity divide the say  intricate and prolix act into several branch the first branch out of the say  Act of h which have be mention before all and singular person and person have  a sole estate in feesimple c of and in any manor the second hold of the king  by knight service in chief the three be out of the Act of h save c to the king  the custody wardship or primer seize the clear yearly value of the three part  of the same manor land c the four clause be out of the statute of h may give  dispose will or assign two part of the same manor c the five clause be out of  the Act of h that the king shall take for his full three part c such manor  land c as shall descend as well of inheritance in feetail as feesimple and out  of these several branch six time be observe for a judge duty be ut res ita  time a thing qurere qusito tempore tutus hedgehog and in all respects tempos  habentethabet svan time time the first time be lempus habendi  g every person  have c the second time be time to hold hold of the king c the three time be  time to place here and there may give dispose c and it be to be know that by  such disposition coke b there be a vest either in the subject or the king in  the subject either by act execute by the commonlaw in the life of the king  tenant or by last will which vest only by force of these act in the king only  by the death of his tenant for then wardship or primer seize vest in he the  four time be time oppretiandi seu cestimandi the clear yearly value c the five  time be lempus to see in advance full tertian parten to descend in fee or in  tail a full three part c to descend or come a dyer pl   light a   a b h cap h  cap c   light b   b before a a   b   light a buist coke report a er p by  descent as well of estate of inheritance in feetail as in feesimple the six  time be by construction on all the part S time to join seu time continuum and  it be hold that the say three former time ought to concur know the time of  have the time of hold and the time of dispose ought to concur together and  therefore if a man be seize of a acre of land in fee hold of the king by  knight service in can pile and of other two acre in fee hold in socage and the  tenant feoff his young son of the acre hold in chief and of one of the other  acre to have to he and his heir and afterward he purchase land hold in socage  that in this case he may devise all the land new purchase hold socage and that  for three reason because he have no land hold by knight service in capite at  the time of the devise for the say act have make a marriage or conjunction of  the land which the king tenant hold in socage with the land which he hold of  the king by knightsservice in capite for the word of both the act be every  person c have manor land c may give dispose c two part of the same manor land  c and the save in the say Act of h be save a full three part c of the same  manor land c so that when the tenant have convey the land hold in capite to  his young son now when be make his will of the land new purchase he have no  land hold of the king in capite at the time of the devise and the statute  restrain only the land in socage which he have at the time of the have of the  land hold in capite the say act give he full power and authority to give  dispose will or assign two part for the advancement of his wife preferment of  his child or payment of his debt so that when the statute have give he power  to convey two part whereof the land hold by knightservice in capite be part  the intention of the maker of the act never be to presume he who have accord  to coke a the act convey the land to have the same land for any intent or  purpose and as it be resolve in might case in the eight part of my report Trin  James fol land which be convey to one of the say three end can be say a  covinous because it be warrant by the Act the great benefit which the king  have by these statute be observe for the king tenant in capite before these  statute may have so convey the land to any of the say three use that the king  shall never have b wardship nor primer seize as as appear in sir George curson  case in the six part of my report f b and therefore it will not be reasonable  to interpret the statute in prejudice of the subject against the express  letter S by save a three part of the same land which the king tenant then bad  to extend it beyond the word to land hold in socage which he purchase after he  have convey over the land in capite but the great question be that if Leonard  Lovies the grandfather have convey as be admit the land hold by knight service  in capite to William Lovies his second son in fee c with power of revocation  so that he have power over the land and may dispose of it if that shall  restrain the power of Leonard Lovies to devise all the land in socage new  purchase but the chief justice hold it all one for the reason and cause  aforesaid and eastern rather because the statute give he power to give dispose  c two part c at his will and pleasure so insomuch as his will and pleasure  appear to convey the land to William as be aforesaid with power of revocation  he thereby pursue the power which the statute give he quod Nichols just to go  away and as these statute have be put in use accord to the express purview  although damage have accrue to the subject as in Vincent case brief vouch by  the Lord dyer Elizabeth it be resolve that c if the king tenant by knight  service in capite convey the land to the use of his wife and her heir or to  the use of his young son and his heir and die his old son within age that  although the old son be disinherit yet pain addelur collision he shall be in  ware to the king although he have nothing by descent by the express purview of  the statute so no interpretation shall be make for the benefit of the king  against the express purview and therewith agree Wray chief justice in buller  and baker case b and therefore if a woman the a   b a   light a Inst b   light    a   b Inst c   light b Cr James die pl Br n c coke report b er p king tenant  in capite have issue a td bastard daughter and convey the land to her e  bastard daughter and die the king shall not have wardship for if it be within  the statute of h it ought to be a child in law and truth and not in coke b  reputation as it be resolve in Thornton case m Elizabeth die a vide Elizabeth  b die and yet a chantry in c reputation be adjudge within the Act of I e c  Elizabeth die d in the dean of Paul case and the chief justice say that it be  resolve in the court of ware Trin Elizabeth that where sir Nicholas e strange  knight be the king tenant of the manor of Hunstanton and of diverse manor land  and tenement hold in capite in the county of Norfolk and Hamond strange his  old son and heir apparent purchase the say manor land and tenement of he bind  fide for money and the say sir Nicholas die the say Hamond of full age and  this matter be find by office and it be resolve by Wray and Anderson chief  justice that he shall not pay primer seize for the word of the say stat be  give which imply to be do ex mero libre alitate et voluntale vide Bracton lib  c f I and although the word be dispose and assign yet the conclusion be for  the preferment of his child c and purchase can be call preferment for every  preferment ought to be also ex merd liberalitale et spontaned will and accord  it be resolve as then it be say in porriges case in a Elizabeth and randal  case in p m die be cite by every one of the justice in the argument of this  case f a man seize in fee of land of socage tenure assure it to the use of his  wife for her jointure in year h and afterward in year e be purchase land hold  by knight service in capite and of two part thereof make his will and die his  heir within age and if the queen shall have any of the socage land to make a  full three part of the whole be the question and resolve she shall not for the  word of the Act of h of explanation be and have no land hold by knight service  which prove that the time of have hold in capite by knight service and of  dispose ought to concur and a g difference be take and agree between a  disposition by act execute in the life of the devisor and by his last will in  write and therefore if a man seize of land hold in socage of the yearly value  of twenty pound per annum and have no land hold in capite by knight service  and make his will in write and thereby devise the socage land to another in  fee and afterward he purchase land hold by knight service in capite of the  yearly value of twenty shilling and die this devise shall not be good for all  the socage land for nothing be dispose or transfer over by the will till the  death of the devisor and there be a union of the land hold in capite and of  the land of socage tenure so that the time of coke a have hold and dispose  concur and therewith agree the opinion in butler and baker case so and for the  same reason it be there hold that if a h man be seize of land hold by knight  service in capite and of land hold in socage and by his will in write devise  all the say land and afterward alien the land hold in capite that this devise  be good for all the land in socage and many other case to the like effect put  in buller and baker case which you may see there and where the statute of h  say two part as well of the say manor land tenement rend and hereditament as  of all and singular his other rend and hereditament these last word as of all  and singular his other rend ought to have reference to the begin d   light a    a e   light b a jenk cent Cr Elizabeth Poph goldb more Nov roll ander a die pl    light   a b die pl c roll Rep hob Goldsb godb Cr James Jones Leonard   a d  die pl   b a Leon c jenk cent roll Rep Hugh Abr   a e palm   light a f dyer pl    b   a brown g   light a h   a   light b coke report b er p it snows of the  sentence see have a sole estate c of or in any manor land c hold in capite for  if he have no land in capite he be not restrain to devise but two part for  then he may devise the whole but these word be necessary to be add for the  beginning of this branch extend only to enable the tenant to devise c two part  of the land hold in capite only and therefore it be necessary to add cc as  also of all and singular his other rend and hereditament not hold in capite by  knight service but all the word together prove as have be say that the time of  have hold and dispose ought to concur as to the four time see from what time  the value of the land whereof the king shall have the three part shall be take  it be resolve that the value of the land shall be take as they be at the time  of the death a of the king tenant for then by the save in case of act execute  the title of wardship and primer seize vest in the king and in case of will it  also take effect for two part by the death of the tenant and the three part  descend to the heir of who the king shall have the wardship or primer seize so  that tempt appreciand ought to concur with the time of the death but the time  of vest in the subject by act execute and the time of value d not concur and  the resolution of Virgil b Parker case in the eight part of my Reports the  last case be cite and agree to be good law where the case be that Virgil  Parker be seize of the manor of Fushil in fee hold of the king by knight  service as of his duchy of Lancaster year Elizabeth make a feoff of half of  the manor to the use of himself for life and afterward to the use of mary who  he intend to marry for life with diverse remainder over he marry mary cony and  afterward devise the other half to diverse for payment of his debt and legacy  and die and it be resolve coke b that forasmuch as the advancement of his wife  be as well within the statute as payment of his debt and the statute as to  value principal take its effect by the death of the king tenant for this cause  although the estate of the wife have the precedency it be resolve that the  three part of the king shall be take c equal out of both half and not out of  the half so devise only and accord as it appear there it have be resolve  diverse time before as to the five time see to provide a three part to descend  it be to be know that if a man seize of certain land part of which be hold in  capite by knight service of the yearly value of per annum all which land he  convey to one of the say three use and afterward purchase land of the yearly  value of or more in tail or fee and leaves it to descend for the three part  due to the king it be good enough for this time to provide a three part need  not concur with the time of have hold or dispose by act execute but it be  sufficient if this time concur with the time of the value see the time of the  death of the king tenant and this appear by the express word of the Act of h S  that the king shall take for his full three part such manor land c as shall  descend in feetail or feesimple without any word of reference or restraint or  any union make of these land which descend with the land hold in capite by  knight service as the other clause aforesaid be as to the six time see time  continuum to some purpose time ought to continue usque ad death and in some  case post death usque ad death the estate convey to any of the say three  purpose ought to continue till the death of the king tenant as it be resolve  in a bingham case in the second part of my report f a b post death the tenure  by knight service in capite ought to continue post death for if the tenure be  but during the life of the tenant so that it do not continue after his b death  it will not restrain the devise of the other land as it be hold in butler and  baker case the estate of the land hold ought to continue after the death of  the tenant and therefore if tenant in tail be to he and the heir male of his  body the remainder in fee to another of land hold by knight service in capite  and he be seize of other land in socage in fee and by his will in write he  devise all his socage a   light b b   light b c   b   b a more jenk cent b   b  coke report a er p land and die without issue male in this case the devise be  good for all the socage land for the estate of the land hold determine by his  death so that there be no cause of wardship at the commonlaw the same law if  the estate of the land hold be defeat by coke a condition after the death of  the tenant vide Elizabeth c dyer foe the privity of the heir of the tenant  ought to continue after his death and therefore if the king tenant in capite  convey all his land to any of the say three use and be afterward attaint of  treason and afterward be die his heir within age in this case the king shall  not have the wardship because he die without heir in respect of the corruption  of blood and in which case no wardship can accrue by the commonlaw d as it be  resolve in sir Everard e digby case mich James in the eight part of my report  fol b if the use limit by the say tripartite indenture to William Lovies in  tail with the remainder over be in contingency or not or if the use be  immediate execute by the statute of h of use in William Lovies with the  remainder over and the chief justice hold that the use be in f contingency and  not execute till the death of Leonard Lovies the grandfather for when he have  by the say indenture limit to himself a estate for life and upon the matter  power to make lease for life life or year without any restraint of life or  year then when the limitation be far to the use of the performance of his last  will and testament and to the use of such person and person several to who he  by his last will shall devise any estate or estate by these word without  question he may devise the say land to any person in tail or in fee for he  have power before to make lease for life or year without any limitation and by  consequence the use limit to William Lovies in tail with all the remainder  over be in contingency c for where it be a doubtful and incertain whether the  use or estate limit in going to be will ever vest in estate or interest or not  there the use or estate be say to be in contingency because upon a future  contingent it may either vest or never vest as the contingent shall happen and  therefore there be a difference betwixt such a contitigency as aforesaid and a  limitation c dyer pi   b I keb keb   light b a roll roll Rep d   light a e  baker Chron Wilson hist f roll Rep light Rep c this position in Leonard  Loviess case have be adopt in the case of Walpole v Lord Conway Barnard Chan  Rep but in Cunningham v moody I Ves sen Lord Hardwicke be suppose to have  alter his opinion and to have determine that a power of appointment do not  suspend the vest of the remainder and in do v Martin TR it be decide that  estate limit in default of appointment be during the continuance of the power  vest subject to be divest by execution of the power in smith v Lord Camelford  Ves Jun the decision in do v Martin be question by Lord Rosslyn but in a late  case Lord manner treat do v Martin as a clear authority that the estate be  vest and decide accord Oshrey v bury I ball and Beatty there be also in  addition to these case several dictam to be find in support of the opinion  that the estate be vest in idle v cook l raym Powel I say if a feesimple be  limit to such person as a shall appoint by his will remainder over that be a  good remainder vest till the appointment contra per buller I Goodhill v  Brigham I Bos and pull in Madoc v Jackson bro c c Lord Thurlow be of opinion  that the interest be vest and Vid TIanduzee v Aslam Ves read v read Ves  entrust e I v Haundrell Ves Campbell v Sandys I Sch and Lef Cholmondeley v  Clivton James and walk the same doctrine apply to personalty and where money  be absolute give over in default of appointment it be vest subject to be  divest by the execution of the power Cholmondeley v Meyrick I Eden Gordon v  Levi Amb Coleman v Seymour Ves sen Lord Teynham v web Ves sen read v read Ves  earl Salisbury v lamb I Eden rook v rook Eden Vid also Fearne on count Rem  Sugden on power d edn a roll   a raym coke report b er p of estate by word of  contingency which extend upon the limitation of former estate and which vest  in estate or interest immediate to take effect in possession in going to be as  in e b William lease to John for the life of John render to William S rend  during the life of William and after the death of William to John and his heir  this remainder to John can vest immediate because peradventure it will never  vest in estate or interest and the contingent in this case be the time of the  death of William for if William die John live the remainder be good but if  William survive John coke b and die after he the remainder be void vide c Plo  Com in Colthirsts case pasch Elizabeth rot inter d Acton and Hore in the king  bench the case be that a fine be levy to the use of a and the heir male of his  body till be or the heir male of his body have do such a thing and after such  thing do to the use of another in tail and die without issue without any thing  lone it be adjudge that the remainder be in contingency and never fefl if man  have make several lease of two several acre of land for two several and  distinct term as well in the commencement as in the end and afterward make a  lease of both acre to begin after the determination of the say several term  for forty year it shall not expect to begin after the last lease but e shall  vest immediate in interest reddendo one one as it be adjudge in justice  windham case in the five part of my report f b et vide f e a good case vide g  Borastons case inter hind and ambry in the three part of my report for it vest  immediate in interest to begin in possession after the determination of a  former term for year but in the case at bar nothing can vest by the devise to  William Lovies nor the remainder over till the death of the devisor because he  have power by his will to devise to any person any estate be it in feesimple  if he will ergo it can vest immediate in William Lovies and by consequence in  none of the remainder upon which it follow that in the mean time the use of  the fee vest a again in Leonard the grandfather as it be adjudge in sir Edward  clear case and then he be seize of land hold in capite at the time of the  purchase of the say eight acre in which c d and for this cause be have dispose  two part by act execute accord to the statute he can devise the say eight acre  for it appear by the record that he have convey by the feoff land and tenement  of the yearly value of S d and the land mention to be devise be but of the  value of S d per annum and the feoff can extend to the say eight acre for they  be purchase after but be a last will shall be a direction to declare use upon  the feoff and when the land shall pass by the will itself and when by the  feoff vide the say case of sir b Edward clear but against this it be object  that the fee which Leonard the grandfather have by operation of law vanish by  his death inasmuch as he make no disposition of the land in feesimple by his  will which be grant as have be resolve before but it be answer and resolve  that the say reversion coke a in fee expectant upon the estatetail do not  vanish as full appear another objection be make that forasmuch as the word of  the statute of h be lawful execute in his life c in this case forasmuch as the  say use be in contingency b Bulst light Rep hetl c Plowd a d cart Bulst light  Rep e Cr James roll Rep f roll Rep palm g   a Cr James palm a   a   light b b  light Rep more Cr car d where a remainder be limit in contingency by way of  use or by devise the inheritance in the mean time if not otherwise dispose of  remain in the grantor and his heir Davies v speed Carth Plunkett v Holvws t  raym Purefoy v Roger sander and note by sergeant wms butler note   Litt Fearne  count Rem maundrell v maundrell Ves Stanley v Stanley Ves b jenk cent Cr  Elizabeth Cr James more   light b keb all coke report b er p no execution of  any estate be but after the death of Leonard the grandfather and so out of the  statute to which it be answer that after the death of the say Leonard the  grandfather the say estate be derive and take their essence and effect by  force of the say c feoff make and so upon the matter execute in his life also  it be hold by the chief justice that the remainder to William Lovies by the  will be contingent forasmuch as no alienation be find to be make by Thomas for  in effect it be a devise to Thomas and his heir male provide that if he alien  it that then for want of issue male of his body it shall remain to William c  so that there be two main impediment to the remainder see that there be no  alienation and if there have be a alienation then also it will be repugnant  that after the alienation the land shall remain to William and so wherever way  data the remainder as this case be do not vest in William and the several  pennings of the devise to Thomas with contingency to remain over to William  and of the devise to William and the remainder over be observe which prove  several intent in the testator as appear in Eldriches case in the five part of  my report foe a b upon the statute of d h of rend but this point be not  resolve by the court another point at the commonlaw be also move in the case  see whether the say revocation mention in the record be sufficient or not  touch which there be three thing to be consider his power reserve to he by the  proviso of revocation in the revocation if he have pursue his power first the  word of the power divide themselves into five branch that if the say Leonard  Lovies shall be dispose to alter change or to make void prd Jeoffamentum c Vel  once usan seu use c superius bound Vel once position well status who  accreseerent seu execute forentratione alicuj use c or si pillage Leonard  Lovies bird to place here and there rehabere in all respects et one prd maner  e well aliquan parten the same Fel eaden maner well aliquan parten the same to  place here and there well To give as a present in to some place elsewhere  modus well eaden or aliquan parten the same rehabere eidegro Leonard et hred  nest ut in former position his c et superinde significar will et beneplacit  suum ind to the feoff or any of they c quod tune immediate c the manor c shall  be to the use of Leonard the grandfather and his heir ut in former statue sum  coke b then the revocation stand upon two part he signify to the feoff that so  much of the feoff and indenture which concern certain manor shall be void  which it be object can be because the indenture be make September year  Elizabeth Reginoe and the feoff be make September follow and therefore the  indenture precedent can avoid the feoff which pass by livery subsequent also  be declare that so much of the feoff and indenture and no more as concern only  parcel of the premise shall be void and admit that the feoff and indenture may  be avoid and make void in all yet they can be avoid in part S the deed of  indenture quoad one manor to be make void and to lose its force and quoad  another to stand as a deed and of such effect as it be object be the second  branch S I will that so much and no more of the say feoff and indenture and  every clause and article therein contain to be utter frustrate and void c the  nature of the thing to be revoke be consider that all the declaration and  limitation of the use in the indenture at the time of the deed of revocation  be only in contingency and nothing in estate in possession reversion or  remainder or in interest but only in possibility which can be revoke or change  or alter for a revocation alteration or change presuppose a former essence as  the rule of the logician be a all men a taking away prsupponit handy and  although future power and authority annex to estate as a power to make lease c  give to he who have a estate for life may with the estate be revoke yet it be  object that when all be in contingency or possibility it can be revoke and the  use which by operation of law be vest in Leonard Lovies the grandfather c   a    light b b Brownl Bulstr Cr Elizabeth Cr car hob more d h c Vaugh die pl raze  rend   light a b b   b a a   b a   b Cr Elizabeth Cr car Goldsb Anders   Entr  pl Leon Leon Leon a   light b coke report a er p can be revoke for the proviso  of the indenture extend only to use declare by the same indenture and not to a  use create by the law but it be answer and unanimous resolve by the court that  the revocation be good for use and power in contingency and possibility may be  mutual assent of the party be b revoke and determine for as they may be raise  by indenture so by proviso or limitation annex to they in the same indenture  they may be extinguish and destroy either before or after their essence and it  be resolve that these word the say indenture and every clause and article  therein contain extend to all the use and limitation in contingency and  possibility and this resolution concur with common experience S that estate  limit to c son before any be bear be usual by the like proviso and without  question daily revoke and without question the coke a indenture as to the  direction and declaration of use may lose their force in part and stand in  part and if the operation as to part be take away by the a proviso then the  feoff for that part be to the use of the feoff and his heir and by consequence  in the case at bar where Leonard Lovies have a use vest in he by operation of  law upon the feoff till other declaration be make by his will now by the  revocation he have a absolute estate in feesimple ut in former position his  without any limitation also the chief justice hold that the say devise to  Thomas be but for year e because it be so devise in express word and against  the express word no inference or interpretation shall be admit in this case  for the word be item I give grant will and bequeathe to my son Thomas all my  manor c to have and to hold to my say son Thomas and to the heir male of his  body lawful beget from and after my death for and during the term of b year  then next ensue full to be b roll a   light a roll e a case occur upon this  will in James and accord to the report of it in more Lovice v Goddard all the  judge agree that it be a estate tail and that the limitation of year be void  accord to the report in cro James love v Goddard the judge be divide two hold  that it be a estate tail and two that the limitation shall not be mere void  but that it shall be a tail for five hundred year but they seem to have agree  that it shall not be a term for if so it will be extinguish by the descent of  the inheritance and accord to the report of the present case Brownl dodderidge  arguendo say that it have be adjudge in the same case that the devise be a  good estate tail and that the judgement have be affirm on error the opinion of  the two judge who hold that the devise give not a term but a tail during five  hundred year can be support Lord coke seem to be the better opinion for it be  not reconcileable to the idea of implication to raise a estate in direct  contradiction and denial of a express estate in Goodright v Cornish salk upon  a devise to a for fifty year remainder to the heir male of a remainder over  the court hold that a take but ail estate for year by express word and that  they can not make such construction against express word whereby they will  also drown the estate for year and make a estate of inheritance and where a  use be limit to the grantor himself for ninetynine year remainder to the use  of trustee for twentyfive year remainder to the use of the heir male of the  body of the grantor remainder to his own right heir it be hold that the  remainder to the heir male be void for want of a precede freehold to support  it and that it shall not be imply contrary to the intent of the conveyance  Adam v Tertenant of savage salk and so in the case of a marriage settlement to  the use of the settlor for ninetynine year if he so Ion g live and after to  the use of trustee for two hundred year remainder to the use of the heir male  of the body of the settlor c the court of c b hold the remainder to the heir  male void for want of a freehold and that no freehold result to the settlor  because another estate be limit to he which will be inconsistent with a  freehold by implication rawley v holland vin ab use f pl equity case ab Vid  somervile v Lethbridge TR b more roll cart Godolp leg coke report b er p  complete and end c and the remainder to William Lovies and other to every of  they and to their several heir male of their body without any restraint to any  number of year and note the liberty give to Thomas be in these word otherwise  than to lease c the same for year determinable upon the death of any three  person or less number of person but in the liberty give to William and the  other the word otherwise than they may lawful do by the statute of h which Act  be do not mention in the devise to Thomas so inasmuch as Thomas have a estate  but for year so long as he have issue of his body be give he power only to  demise for year but to William who have a estate in tail he leaves he power to  lease the land for three life or year accord to the statute of h which give  such power to tenant in tail and therewith agree winch justice but these word  during the term of year will make a limitation of a term of year to determine  for want of issue male f and that it be but a term for year in grant the book  be express in the point a ass ass p e e account h h h Litt Elizabeth dyer vide  h S b Br estate the like but as to that point which have be controvert betwixt  this court and the court of king bench in a former action bring upon this  devise do resolution as to that point be now give by the court note reader if  a c term be devise to one and the heir male of his body his heir shall not  have it but his executor for coke b a term which be but a chattel can d be  entail and such devisee may well alien the term to who he please and so it be  adjudg6d Trin Elizabeth in the king bench f it have be deny that there be a  difference between a devise of a term in gross and a devise of a term de to  make new out of the inheritance videlicet that in the former case the term  shall vest absolute in the devisee and if he die without issue shall go to his  executor but that in the latter case it shall cease on failure of issue Lord  keeper finch in burgis v burgis Mod say he do deny Lord coke opinion in  Leonard Loviess case which say that in case of a lease settle to one and the  heir male of his body when he die the estate be determinei and Lord Nottingham  in the duke of Norfolk case case in chancery say it be Lord coke error in  Leonard Loviess case to say that if a term be devise to one and the heir male  of his body it shall go to he or his executor no long than he shall have heir  male of his body for these word be not a limitation of the time but a absolute  disposition of the term Mr Fearne count Rem observe that the decision in the  duke of Norfolk case seem to contravene the opinion of Lord coke that however  do not appear to be the case for the decision in that case Vid Swanst  videlicet that if a term de to make new be limit in trust for h in tail but if  t die without issue male in the life of h then h to have no far benefit but  the benefit thereof to go to c in tail c the limitation to c be good be  perfect consistent with Lord coke doctrine Mr sergeant hill in a note in his  copy of viner in Lincoln inn library devise b b pl after observe that if one  possess of a term of year devise it to one and the heir male of his body it  have be hold that on the death of the devisee the term will go to the executor  and not to the heir and that such a decision be good law say it be very  different from the case in   on which Lord coke give his opinion though it be  confound therewith by the authority cite by viner from Mod and Sel case in  chancery which however be nothing to the purpose for which they be cite be  cite in opposition to the opinion of Lord coke in   which be mistake by Lord  finch or more probable by the reporter Vid Preston on estate page touchstone  Edward Preston a Br estate Br assize b Br estate c roll pl roll Rep roll Rep  Cr car Orph leg Swinb side Jones godb dyer pl   a go Bulstr Leon Cr James palm  more b n c d roll roll Rep Cr Elizabeth coke report a er p in peacock case and  year Elizabeth resolve by Anderson and walmesley be refer to they out of the  chancery between Higgins and mill g