ccclxv butler and baker case see the principal case report in cook part the  argument of Egerton solicitorgeneral in the say case under his own hand be as  follow Viz the disagreement by the wife in pais be good by the commonlaw a  agreement may be Leonard er p by word ergo a disagreement if husband and wife  lease for ear render rend the husband die the wife accept of the rend that  acceptance shall bind her e h e e h h h tenant in tail make a lease for year  not warrant by the statute render rend and die and afterward the issue accept  the rend the same shall bind he h h h h a enfant leas for year render rend and  at his full age accept the rend h h h so where the successor accept of a rend  upon a lease make by the predecessor h h e the same law in exchange and  partition if the wife accept of dower of the land which her husband have take  in exchange she shall be bar of that land which her husband give in exchange e  e title bar h c and in all these case where there be a agreement and therein a  agreement employ sure a agreement to the lease and a disagreement to have the  possession c and so agreement to the land receive in exchange and disagreement  to the land give in exchange and all that by word and act in pais and so here  in these case estate be affirm and enter and benefit of the possession waive  and refuse so it be also of a right and title of action h the lord entitle  Leonard to have a writ of right upon disclaimer accept a rend of the tenant  now he be bar of his action ass the disseizee accept homage of the seize it be  a good bar in a assize ass pendant a cessavit the tenant alien the lord accept  the service of the alienees his action be go e title dower a woman entitle to  dower accept homage of the tertenant the same be a bar of her dower and as it  have be say of entry and action of which a man may refuse the benefit by word  and acceptance in pais so be the law also in case of estate vest if the party  do not enter husband and wife tenant in special tail the husband levy a fine  to his own use and afterward devise the land to his wife for life the  remainder over render rend the husband die the wife enter and pay the rend now  she have waive her remitter Elizabeth dyer e the tenant feoff the lord and a  stranger and make lively to the stranger although the freehold vest in they  both yet if the lord disagree to the feoff in going to be be can enter and  occupy the land and he may distrain for the service c if a seize be make to  the use of the husband and wife and the husband agree to it the freehold vest  in the husband and wife but the wife be not a seize and after the death of the  husband she may disagree unto the estate by word e and also a agreement shall  make her a dissessisor see to the same intent e and Litt although that in such  and the like case the estate vest in some manner yet it shall never vest to  the prejudice of the party without a express and actual agreement and that  disagreement to a estate in such manner vest may be in pais and by word seem  by a clause in the statute of h cap where a jointure be make after marriage  there the wife after the death of her husband may at her pleasure refuse her  jointure and have and demand and take her dower her writ of dower or otherwise  sure by word and acceptance in pais and if in a writ of dower the tenant will  bar the demandant by jointure make during the coverture he ought to say quod  to go into agreeavit see Litt in dower ad ostium church if the wife enter and  agree the game be a good bar in dower Littl now in the principal case when the  wife agree to the devise of thobi and the same be execute by entry now same be  a full disagreement to Hinton it be afterward object that although it be clear  that the wife may waive her jointure in Hinton by word and act in pais without  matter of record yet some conceive that this manner of devise of thobi be void  by the statute of h the statute enable to devise two part or so much as  Leonard amount to two part in value at the time of the death of the devisor  for then the will take effect which can be here in this case for at the time  of his death the jointure of Hinton be in force and so continue until the  disagreement afterward also the word of the statute be have a sole estate in  feesimple but here the devisor have but a reversion in fee expectant upon a  estate tail c Leonard er p as to the first point it be answer that the  disagreement do relate to the death of the husband and be now as if no  jointure have be make ab beginning and here the heir shall have Hinton by  descent and he shall be tenant to every praecipe and if it be bring against he  the same day that the husband die the writ shall be good by the disagreement  after and the heir shall have his age c and if the father have be a seize and  have convey the land ut above now by this agreement of the wife the heir shall  be account in by descent and thereby the entry of the disseizee take away and  if the heir in such case take a wife and die by this disagreement after the  wife shall have dower of Hinton and have such a possession quod to make sister  be to hang and if that the same day that the husband die the heir levy a fine  or acknowledge a statute or make by indenture enrol a bargain and sale of it  by the say agreement Hinton shall be subject to such act of the heir all which  case prove that the devisor upon this matter at the time of his death have a  sole estate in feesimple in the manor of Hinton and that the three part in  value descend to the heir and so the devise of thobi good it have be object  that here be not a immediate descent of which the statute of h speak and here  the manor of Hinton do not descend immediate for there be a mean time between  the death and the disagreement and so the will void for thobi to that it be  answer that this word immediate to take doubly re tempore and shall be take  here immediate re position sure that a reversion or a remainder dependent upon  a particular estate in possession which be mean shall not be allow for the  three part descend for a descent which take away a entry ought to be immediate  for a mediate descent do not take away a entry Litt as the descent of a  reversion or remainder and if this word immediate have not be in the statute  then the statute may have be construe that it shall be sufficient to leave the  three part to descend in reversion or remainder but this word immediate make  it clear and therefore the three part which descend ought to descend immediate  in Leonard re position yet a reversion upon a lease for year or for life with  the ancient rend reserve be sufficient and be a good and immediate descent of  the three part and this word here immediate to be construe ration time be a  frivolous construction for the wear descent imply that for there can be a  expectant and future descent for descent be clear immediate without mean time  but here in this case the word immediate be to be take in both sense et re et  tempore for by the relation of the waiver it be as if no jointure have be make  and the heir be to have the profit of the land from the death of his ancestor  and so the descent of Hinton immediate et re et tempore and that the same time  have have such reasonable construction be now to see the statute of h cap be  that the chancellor shall make patent to bear date the same day that the  warrant be make and not before it have be take that if the patent bear date  after the warrant enter they be good which see Elizabeth blow Com in Ludford  and Grettons case the statute of Acton burnel be that if the extenders extend  the land too high statin to answer that who to make extent this word of time  statin shall not be construe that the extendors shall pay present but that  they shall pay without delay I e at the day limit in the statute see h it have  be object that it be a great inconvenience that the king for his three part  shall attend the pleasure of the wife the time of her election and therefore  the will shall be void but the same be no inconvenience for the jointure never  be actual in the wife to her prejudice until she enter into the land c and now  by the waiver the jointure be avoid ab beginning to all intent as if it never  have be make so as the king shall be answer of the entire profit after the  time of the death of the husband and may seize the whole land present without  stay the election of the wife or take notice of her jointure and so be the  word of the they to shut extremum flute to take beforehand quod in all  respects Leonard er p land tenement of which c et she salvo watch while other  flute to take beforehand and that may he before any office find and those who  have any interest in the land or otherwise may show the same upon the traverse  of the office or in the court of ware and have allowance of it and so there be  not any prejudice to the king no more than when tenant in knightservice devise  all his land there division be to be make and the king have not any prejudice  by it Leonard in the true construction of this statute it be very necessary to  consider the intention and meaning of both statute and it be certain that the  say statute be make for the benefit of the subject to enable they to dispose  of their land for the preferment of their wife advancement of their child and  payment of their debt whereof they be restrain by the statute of h S of use  the save in the say statute be for the benefit of the king and the lord so as  provision be make not only for the benefit of the subject but also for the  profit of the king and other lord the disability of the subject to dispose of  their land to the intent aforesaid appear in the preface of the statute of h  and the favour and grace of the say king towards his subject to supply the  necessity of subject appear by the preface of both statute the late statute be  a explanation of the former in diverse point the first statute to person have  manor c ex way termini include tenant in tail jointtenants enfants idiot  femecoverts but the same be explain by the late Act to be of feesimple only  and of sole estate and to person of sound memory not of coverture and so if  the king tenant devise all his land the same be good for two part of it so if  he devise all which he have in feesimple and lead the three part to descend in  tail this statute shall be take strict against the heir for the whole scope  and intent of the parliament be to bind the heir and to enable their father to  dispose so as the three part be save to the king and the lord and that be  manifest for the estate make by collusion be preserve and by a express clause  in the statute keep in force against the heir but void as to the lord as to  certain reader case which have be put to prove that these statute ought to  have a strict construction I conceive nothing service a man seize of one acre  by seize and of two acre by good title all hold in chief by knightservice  devise the two acre which he have by good title and die so as the acre which  he have by seize descend to the heir be within age the king seize the three  acre be divest by eigne title the devise of the other two acre be good against  the heir for it be within the express word of the statute have a sole estate  in feesimple and yet by another branch of h the king for his time shall have  recompense out of the other two acre and he agree the law to be so but the  same do not conclude our case Leonard a man seize of two acre in socage and of  one acre hold by knightservice in chief of equal value be seize of the acre  hold in chief and devise the other two acre in fee the same be a good devise  for it be within the first branch express have a sole estate in feesimple and  not have any land hold by knightservice for during the seize he have not the  land whereof he be seize and therefore the devise be good for the benefit of  the devisee and the lord be not at any mischief for the disseizee  notwithstanding the seize remain tenant of the lord as to the avowry and the  lord shall have the wardship of such heir and may enter upon the seize and so  have a three part and that case be put out of gilbert read a man seize in fee  of two manor of equal value hold by knightsservice in capite and a three manor  of the same value be convey to he by deed of bargain and sale acknowledge and  before enrolment he devise the two first manor top I S in fee and die and  afterward the indenture be enrol yet the devise be not good for the say two  manor by any relation of the bargain and sale enrol that case may well be  agree to be law for the estate do not vest in the vendee before enrolment and  so the estate be not perfect in the devisor at the time of the will for  although that the enrolment shall relate to prevent all act and charge make  mean by the vendor yet it shall not relate to vest the estate from the time of  Leonard er p the delivery of the deed for the vendee can punish a trespass  mean and if the vendee have a wife and the vendee die before enrolment and  afterward the deed be enrol she shall not be endow but here shall be some  descent to take away a entry yet the heir shall have his age but in our case  it be otherwise for by the waiver the jointure be waive ab beginning and be  cite car case Elizabeth n the court of ware the king grant the manor of c to  George Owen in fee tenant in socage and render per annum and afterward grant  parcel of the say rend to the earl of Huntington in fee to be hold by  knightservice in capite and afterward purchase the say rend in fee and  afterward of the same manor feoff William car who devise the same for the  payment of his debt and it be hold that the devise be good against the heir  and the king be not entitle to livery or primer seize and therefore the  defendant be dismiss but peradventure the queen shall have benefit of the Act  see cook part butler and baker case the king give land unto a in fee to hold  by knightsservice during his life and afterward to hold in socage he may  devise the whole for at the time when the devise take effect he be tenant in  socage Leonard land hold in knightservice be give to I S in tail sure to the  heir male of his body the remainder to the right heir of I S I S devise these  land and afterward die without issue male the same be good for two part yet  during his life he have not a estate in fee in possession the father disseize  his son and heir apparent of a acre of land hold in chief by knightservice in  capite and afterward purchase a manor hold in socage and devise the say manor  and die his heir within age the devise be good for the whole and the king  shall not have wardship of any part and that in respect of the remitter and  yet it be within the word have sole estate in fee of land hold and within the  save tenant in tail of a acre of land hold of the king in chief by  knightservice seize of two acre in fee hold ut above make a lease for three  life of the acre entail reserve the accustom rend and afterward devise the  other two acre in fee and afterward die seize of the reversion and rend the  same be a good devise of all the two acre and here be a immediate descent of  the three part for the same be within the word in possession reversion or  remainder or any rend or service incident to any reversion or any remainder  see the statute of h a man seize of three acre of equal value hold by  knightservice in capite assure one to his wife for her jointure by act execute  and devise another to a stranger and the three to his wife also the king in  this case shall have the three part of every acre but if the stranger waive  the devise the king shall have the acre to he devise and the wife shall retain  the other two acre and it shall not go in advantage of the heir so if he  devise the say three acre several to three several person to each of they one  acre and the one waive the devise in one acre the devise of the other two be  good or otherwise the king shall have the three part of every acre c Poph and