coke a hale case pasch James the heir in ware to the queen at his full age  tender his livery and be admit to it and then bargain and sell his land to  another in fee and die within the usual time give for the prosecution of the  livery hold the king interest id determine by the tender and the bargainee  shall not answer for the mesne profit Leon light Rep by office after the death  of sir James hale it be find that be die seize of diverse land in the county  of ken in feesimple whereof part be hold of queen Elizabeth by knight service  in capite a tenor by knight service c abolish car c a and that Cheyny hale be  his son and heir and within the age of twentyone year and in ware to the queen  and afterward Cheyny hale accomplish his full age as appear by the computation  of the first office and so he be in truth and he tender his livery and be  admit to it and within the usual time give he for the prosecution of the  livery by deed indent and enrol he bargain and sell part of his say land to  another in fee and die also within the say time and two question be move if  the livery of the say Cheyny hale be lose by his death whether the issue and  profit of the land so alien after the tender of the livery and death be to be  answer to the king for want of livery and for what time and it be agree that  at the commonlaw the king shall have primer seize when the ancestor die his  heir within age and be in ware and that the statute of Prrogativa king cap be  but a affirmance of the commonlaw sure king to have at first seisinam post  death the dawn who de eastern coke report b er p tenent in capite de omnibus  terris de who c pron  interrog  cetatis hredes to be cap exitus c while c to  take in hand homage hujusmodi hredis for when he have be in ware he upon his  livery shall pay but half a year profit and when he be of full age a whole  year profit and that be the commonlaw for no such distinction be make by the  say Act and it appear by the say Act that primer seize be that the king shall  take the profit of the land while to take in hand homage which be as much as  coke b to say until he have sue livery for upon his livery be do homage so  that the king interest be subject to this donee which be a limitation in law  then when the heir at his full age tender his livery which include tender of  his homage it be all that the heir can do and therefore if no laches be  afterward in the heir in the prosecution of his livery he shall have as much  advantage by his tender as if he have do homage and have have his livery when  he make his tender and the convenient time which the law give the heir to  prosecute his livery out of the king hand after tender be three a mois light  Rep a month because many thing be requisite and necessary with great care and  diligence to be well and daily pursue in the prosecution thereof than when the  heir die within the say time so that the do of his homage and sue out his  livery without fault in he be become impossible by the act of God b   a   a    b a   a   b hard   a   light a b powerless in hoc grammatical case excuse law  and in judgement of law c   a   light a   a c the king interest by the say  limitation be determine as if the king have take the homage of the heir when  he make the tender and with this resolution agree all the precedent of the  court and therefore when the heir tender his livery the court of ware for fear  of death have use to take collateral assurance for that which be due to the  king but if the heir after he come of full age or if he be of full age at the  time of the death of his ancestor die without any tender the livery be go as  be aforesaid but the king shall have all the mesne profit until the death for  default of tender but the tender if it be pursue or if within the time it  become impossible by the act of God sure the death of the heir there the king  by law be bar from have the mesne profit as be aforesaid vide Stamford Prrog c  and it be resolve that in this case the king interest by the say limitation  and act in law be determine by the death of the heir so that the bargainee may  enter and occupy the land without any to point out de law or a to move shades  of dead c