coke b digby case mich James the king shall never have wardship or primer  seize but where there be a heir general or special sir Everard Digby seize in  fee of the manor of Stoke in the county of Rutland and of the manor of Tilton  in the county of Leicester hold by way of admittance of the king by  knightsservice in capite by act execute in his lifetime and before any treason  by he commit convey the say manor to the use of himself for life and afterward  to the use of his old son and heir apparent in tail with diverse remainder  over to his other issue and afterward the say sir Ev Digby be attaint and  execute for the heinous and horrible a baker Chron Wilson hist a powder  treason commit after the say conveyance his old son be then within age the  question be whether the wardship of the body or of the three part of the say  manor shall be to the king by force of the statute of h and it be resolve by  the two chief justice the chief baron and the whole court of ware that the  king shall never have a   a a wardship or primer seize but where there be ail  heir general or special a the feudal tenor together with their oppressive  consequence abolish by stat car c a for the say statute of b h c h c   light a  b h give wardship or primer seize to the king in diverse case where there be  no descent as if the king tenant convey his land for the advancement of his  wife preferment of his child or payment of his debt but do not give wardship  or primer seize in any case where there be not any heir general or special  because wardship or primer seize ought to be of the land of some ancestor who  have a heir and the word of the writ of they to shut extremum or mandamus as  well after as before the say statute be et quis near hres he sit   a f n b  king b die pl also livery ought to be sue in the name of the heir but it be  agree that in some case the king shall have wardship or primer coke a seize of  the son although the father be attaint of treason and thereby the blood  corrupt and therefore if c roll c tenant in tail of the king gift to bold by  knightsservice in capite have be attaint of treason before the stat of d    light b Inst Inst   a   a b   a     b h c Leon roll Rep roll Rep Jones Cr car  and palm hetl godb   light b Plowd b hob dyer pl pl   Ent a d h and die his  son within age in that case although the blood be corrupt yet because by force  of the statute de gift conditional the land notwithstanding such attainder  descend to the son b Vid note e Dowties case   b b he shall be in ware to the  king because he be a special heir in such case and that be prove by the book  of h a b where the case be king r by his letter patent grant diverse manor c  to Thomas holland earl of ken to have and to bold to he and the heir of his  body and afterward the earl h c make a insurrection and levy war against the  king and commit the say treason be kill without judgement his son Edward  within age after who death the say Thomas earl of ken be attaint by parliament  of high treason and far it be ordain that all his land in feesimple and no  other shall be forfeit by reason of which Act of parliament the king seize the  say manor coke report b er p and they be in the king hand during the nonage of  Edward the son and afterward the say Edward at his full age sue out of the  chancery a writ of mandamus by which the say gift and tenure and that the say  Edward be heir per form gift be find and thereupon the say Edward come into  the chancery and pray to have livery and there it be resolve by Norton Tremain  hull hankford and Thirning that in such case the son shall be in ware and  although the king seize as for forfeiture of treason yet when the king be in  possession the law will adjudge he in by reason of wardship because this be  his best right for the law more respect a small estate during the minority of  the issue by right than a great estate in feesimple by wrong but there Markham  hold that when the king seize any land b forfeiture of treason or other cause  claim fee although one who claim a right in the land come into the chancery  and pray a mandamus those of the chancery shall not grant it and gascoigne say  that all the matter in this case be if the writ of mandamus issue well out of  the chancery or not and all this appear by the say book and it be agree that  if there be a   b godb roll Rep and hob cro Elizabeth Jones side a grandfather  father and son and the grandfather be tenant in tail and the father be attaint  of high treason and die and afterward the grandfather die seize although the  blood be corrupt yet the land shall descend to the son per form gift and this  descent shall toll a entry for the son be in by descent