coke b FLOYERS case hill James in the court of ware husband and wife seize in  fee in right of the wife of land hold by knight service in capite levy a fine  and the conusees grant and render to they and the heir of the husband on the  wife beget remainder to the right heir of the husband afterward they levy a  fine come Ceo c of the same land to the use of themselves for life and  afterward to the use of their first second c son in tail afterward to the use  of the heir of the body of the say husband and wife remainder to the right  heir of the wife the father die the son within age hold neither the infant nor  the land shall be in ware to the king S C Cro James Anthony Floyer and whether  his wife be seize in their demesne as of fee in the right of the say whether  of the four part of the manor of Burdoceston alias Burston hold by knight  service in capite and year Elizabeth levy a fine thereof to crib and Radway  and to the heir of crib and the conusees grant and render the say four part to  the say Anthony and whether and to the heir of the say Anthony on the body of  the say whether lawful beget and for want of such issue to the use of the  right heir of the say Anthony and afterward the say Anthony and whether year  James king levy a fine come Ceo c of the say that part to Wadham and Manwaring  to the use of the say Anthony and whether for the term of their two life and  afterward to the use of Anthony their old son in tail and afterward to the use  of William their second son in tail and afterward to the use of John their  three son in tail and afterward to the use of the heir of the body of the say  Anthony and whether and for want of such issue to the use of the right heir of  the say whether and afterward Anthony the father die Anthony his son be within  age know of the age of fourteen year the say whether be yet alive and the  question be if the king in this case shall have the wardship of the body of  Anthony the son and of the three part of the say that part or any of they and  it be argue on the king part that the king in this case have two title coke a  to the wardship of the body and ought also to have the three part of the four  part of the manor and the first title to the body be by the proviso in the end  of the statute of h c for by the say first fine the four part be render to  Anthony the father and whether and to the heir of Anthony of the body of  whether and although the statute say where two or more person now hold or  hereafter shall hold any manor land tenement or hereditament of the king by  knight service joint to they and to the heir of one of they and he that have  the inheritance thereof die his heir be within age that in every such case the  king shall have the ware and marriage of the body of such heir so be within  age the life of the freeholder or freeholder c notwithstanding yet if two be  seize to they and to the heir of the body of one and he who have the  estatetail die his heir within age he shall be in ware for that be in equal  degree quod to be quoad hoc concession per tot cur vide Elizabeth dyer d    light b e   light b f Counterfeit light b coke report b er p h a sir David  Owen case and it be say that although the husband and wife have alter the  estate before the death of Anthony the father yet forasmuch as they have not  convey the land but to the use of themselves and their issue it shall not toll  the interest which the king have by the first fine by force of the say Act the  second title which the king have to ten ware of the body be upon the second  fine for by the second fine the use be limit to the wife for her life which be  direct within the say Act of h and also of the Act of h and for this reason  also the king shall have the wardship of the three part of the say four part  of the manor as to the first point upon the statute of h it be answer and  resolve that forasmuch as the estate limit by the render of the first fine do  not continue till the death of Anthony the father this case be out of the say  proviso for the word thereof be and he that have the inheritance thereof die c  so that he ought to have the inheritance either in feesimple or in tail at the  time of his death but in this case Anthony the father have but a estate for  life in possession and although the second conveyance be but a voluntary  conveyance for the establish of the land upon his issue yet forasmuch as  thereby the say Anthony have not any estate of inheritance at the time of his  death it be out of the say proviso for as the first be voluntary for the  advancement of the husband and his issue so be the second voluntary also as to  the second it be resolve that although by the second coke b fine the estate  which the wife have by the first fine be bar and alter and now she have the  estate by the second fine out of the estate which the husband have by the  first fine yet it be out of the statute of h for the word of the statute be to  and for the advancement of his wife and it be resolve that the estate which  the wife have by the limitation of the use upon the second fine be not any a  advancement of the wife for it be no more than she have by the first fine for  by both she have a estate for life and the first estate for life by the first  fine can be a advancement of the wife by the husband for the land be the  inheritance of the wife and move from her and upon the second fine if no  estate have be limit the law will have reserve to her such estate in the use  as she have in the land as it be agree in Colgate and b blithes case in the  first part of my report and therefore it be not any more advancement to her  than she have before and therefore it be out of the say statute it be also  resolve that forasmuch as the estate of the wife be out of the statute no c  wardship either of the body or of the land can accrue to the king in respect  of the estate in remainder limit to the son c during the wife life for the  wife be tenant to the king during her life and the advancement of the son in  remainder when the estate for life be out of the statute shall not give the  king wardship either of the body or of the land but if a man have a reversion  in fee expectant upon a estate for life hold of the king by knight service if  he convey this reversion to the use of his wife or his child c and die that  shall give cause of wardship of the body during the life of the tenant for  life there the tenant for life be not the king tenant but be in reversion and  it be say if a man hold of the king by knight service and make a lease for  life the remainder to two and to the heir of one of they and he who have the  fee die live the tenant for life this be within the letter of the say proviso  of the Act of h for the word be where two or more bold c any manor land  tenement or hereditament joint to they and to the heir of one of they and he  that have the inheritance thereof die c and this remainder be a hereditament  and be hold of the king but during the life of the tenant for life it be not  immediate hold of the king and therefore in such case the heir of he who have  the fee shall not be in ware and a dyer pl a palm Cr James hob Cr James b   a  b gold Anders more Anders Leon   Ent pl   b b palm godb c Cr James more coke  report a er p hill Elizabeth in the court of ware Wray chief justice say that  it be resolve by the two chief justice and the court of ware that if the heir  of he who have the fee be of full age and the heir die live the tenant for  life his heir within age that he shall not be in ware for his body within this  proviso for the word of the coke a Act be and he that have the inheritance  thereof die c his heir within age that in every such case c so that his heir  at the time of his death ought to be within age which be to be intend of the  immediate heir and not of the mediate heir vide Elizabeth dyer in lane case