coke a Matthew mean case mich James in the court of ware m seize of message  land c in ken of the custom of gavelkind and of a house hold of the king by  knight service in capite and of other land hold of common person in socage  have issue a son who die leave issue four son m devise all his say land  several to his four grandson in tail in the part devise to one of the grandson  be the house hold of the king c m die the old grandson be of the age of  fifteen hold the king shall have a three part of the whole and stall have such  three part out of every several part so that the charge shall be equal Matthew  mean the grandfather be seize in fee of diverse message land and tenement in  ken of the custom of gavelkind and of a house hold of the king by knight  service in capite and the residue of common person in socage have issue Andrew  who have issue Matthew Thomas John and Andrew Andrew the father die Matthew  the grandfather by his will in write devise all his say land videlicet to  Matthew old son to Andrew the father one part and to the heir of his body and  to Thomas second son of Andrew the father another part whereof the house hold  in capite be parcel of like estate and to the other son of the say Andrew the  father other part of the like estate Matthew the grandfather die seize of the  say message land and tenement Matthew the son be of the age of year and all  the say brother of Matthew be alive and all this be find by office and in this  case two question be move whether the king shall have a three part of the  message only and not of the other land not hold of the king admit he shall  have a three part of the whole whether he shall have a full d   light b b   a  calvin case Br asset per descent Br tail Fitzherbert guaranty Br garran blow a  b   b Br Prrog Br search pur Le roy   b e Standf Prrog b a b c coke report b  er p three part out of the part of the old son only or out of the part of  every brother and as to the first it be strong urge that the king shall have  but a three part of the land hold and of the three part of the part of the old  son and their principal reason be because if no will have be make the king  shall have but the three part of that which descend to the old son and not of  the part which descend to the young son for where the statute of Proerog king  c say dominus king to have custodiam all the earth the dawn who de Self tenent  in capite per slavery military man c de wherever coke b to hold c it be mean  if the land descend to the same heir to who the land hold descend but if any  part descend to another heir the king shall not have it and therewith agree e  Stamf Prrog b and the statute enable one to devise two part of his land for  the benefit of his child where the king will have all if no devise be make but  in all case where no will be make the king will have nothing there the statute  give not any wardship or primer seize although a will be make and thereby the  land devise to his son for that be not within the purview of the say act to  which it be answer and resolve that it be true if no will have be declare the  king shall not have the land hold of other in socage which descend to young  son but when by the will to which he be enable by the statute be devise they  to his son in such case the save in the same statute give the king wardship  and primer seize and therefore a strong case be agree for law tenement  devisable by custom in a London come to the king h by the dissolution of abbey  and afterward the king by his letter patent grant they in fee to bold by  knight service in capite and the patentee by his will devise they for  preferment of his wife advancement of his child or payment of his debt and die  his heir within age the king shall have the three part in ware and yet the  devise be good for the whole land by the custom without any help of the say  statute of h and notwithstanding the king in such case shall have the wardship  of the three part by force of the say save in the say statute and therewith  agree mark dyer Elizabeth dallison iasch Elizabeth between barber and e his  wife plaintiff and William long defendant in partition to make judgement give  upon a special verdict report by Bendloes sergeant wherefore it be resolve  that the king a strong in the case at bar shall have a three part of the whole  as to the second point it be also resolve that the king shall have the three  part out of every several part so that the charge shall be b equal and shall  not fall upon one only vide h testament c Br e assize vide Elizabeth d dyer b