coke HULMES case mich James in the court of ware by office h it be find that r  m die seize of certain land and that the same descend to big son and heir  within age and that the say land be hold of the king as of his duchy of  Lancaster by knight service whereas in truth the same be hold of one then in  ware to the king as of his mesnalty and upon the office find the king seize  the ware of the heir of r m afterward James after the death of the heir of r m  it be find by another office that the heir of r m die seize of the say land  and hold they of the king as of his duchy by knight service and that big heir  be within age hold the mesne be not estopped by the first office from traverse  the last sc le         the king in the right of his duchy of Lancaster Lord  Richard Hulme seize of the manor of male in the county of Lancaster hold of  the king as of big duchy by knight service mesne and Robert male seize of land  in male hold of the mesne as of the say manor by knight service tenant a  Richard Hulme die after who death h it be find that he die seize of the say  mesnalty and that the same descend to Edward his son and heir within age and  find the tenure aforesaid c and during the time that he be within age Robert  male the tenant die after which year Henry it be find by office that Robert  male die seize of the say tenancy paravail and that the same descend to  Richard big son and heir within age and that the say tenancy be hold of the  king as of big say duchy by knight service whereas in truth the same be hold  of Edward Hulme then in ware of the king as of his mesnalty for which the king  seize the ware of the heir of the tenant and afterward year quarto James king  that now be after the death of Richard male who be lineal heir of the say  Robert male by another office it be find that the say Richard die seize of the  say tenancy and hold the same of the king as of big duchy by knight service  big heir within age whereupon Richard Hulme cousin and heir of the say Richard  Hulme have prefer a bill to be admit to his traverse of the say office find in  James king and the question be whether the office find in Henry be any estopel  to the say Hulme to traverse the say last office or if that the say Hulme  shall be drive first to traverse the office of h and it be object that he  ought first to traverse the office of Henry as in the first case of Edward  that if two fine be levy of land in ancient demesne the lord of who the land  be hold ought to have a writ of deceit to reverse the first fine and in that  the second fine shall not be a bar and that the first office shall stand as  long as the same remain in force to which it be answer and resolve by the two  chief justice and the chief baron and the court of ware that the find of a  office be not any estoppel for that be but a inquest of office and the party  grieve shall have a traverse to it as it have be confess and therefore without  question the same be no estoppel but when a office be find false that land be  hold of the king by knight service a knight service abolish by stat car cap  sect coke report er p in capite or of the king himself in socage if the heir  sue a general livery now it be hold in Edward by Mowbray and Percey that he  shall not after add that the land be not hold of the coke king but there be  not any estoppel to the heir himself who sue the livery and shall not conclude  his heir for so say Mowbray himself express in ass pl that a estoppel by sue  of livery shall estop only the heir himself during his life and in I Henry b  there the case be put of express confession and sue of livery by the issue in  tail upon a false office and there it be hold that the juror upon a new diem  to shut extremum after the death of such special heir be at large accord to  their conscience to find that the land be not hold c for they be swear ad  reality to say and there find be call verediclum quasi dictum reality which  reason also shall serve when the heir in feesimple sue livery upon a false  office and the juror after his death ought to find accord to the truth so it  be say Henry by Laicon that if two sister be find heir whereof the one be a  bastard if they join in a suit of livery she which join with the bastard in  the livery shall not allege bastardy in the other but there be no book that  say that the estoppel shall endure long than during his life and when livery  be sue by a special heir the force and effect of the livery be execute and  determine by his death and by that the estoppel be expire with the death of  the heir but that be to be intend of a general livery but a special livery  shall not conclude one but as it be express the word of a general livery be  when the heir be find of full age king eschaelori c cognizant quod to take in  hand homage I son et hredis b death de omnibus lerrisetlenementis pue idem b  pater Nus lenuil de we in capite die quo obid et ei lerrasettenement that To  give back therefore cake prcipimus c and when the heir be in ware at his full  age the writ of livery shall say king c because I thread et hres b de highest  note in tetrachord who de we tevuit in can Cepite latem svan in person ten  sufficient probavil c to take in hand homage Self I de omnibus terris et  lenementis queen idem b pater swine to hold de we in capite die quo to go et  ei land et tenement that To give back et therefore flute prci pinus ut above c  which writ be the suit of the heir and therefore although that all the word of  the writ be the word of the king as all the writ of the king be and although  that the livery be general de omnibus terrisettnementis de who b pater I to  hold de we in capite die quo to go without direct affirmation that any manor  in particular be hold in capite and notwithstanding that the same be not at  the prosecution of the king writ and no judgement upon it yet because the  general livery be find upon the office and by the office it be find that  diverse land or tenement be hold of the king in capite for this cause the sue  of the writ shall conclude the heir only which sue the livery and after his  death the juror in a due writ of they to shut extremum be at large as before  be say and if that jury find false in a tenure of the king also the lord of  who the land be hold may traverse that office or if land be hold of the king c  in socage the heir may traverse the last office for by that he be grieve only  and he shall not be drive to traverse the first office and when the father sue  livery and die the conclusion be execute and pass as before be say and note  that there be a special livery but that proceed of the grace of the king and  be not the suit of the heir and the king may grant it either at full age  before cetateprohanda c or to the heir within age as it appear in e and that  be general and shall not comprehend any tenure as the general livery do and  therefore it be not any coke estoppel without question and at the commonlaw a  special livery may have be grant before any office find but now by the statute  of h cap it be provide that no person or person have land or tenement above  the yearly value of shall have or sue any livery before inquisition or office  find before the escheator or other commission but by a express clause in the  same Act livery may be make of the land and tenement comprise or not comprise  in such office so that if office be find of any parcel it be sufficient and if  the land in the office do exceed then the heir may sue a general livery after  office thereof find as be aforesaid but if the land do not exceed by the year  then a general livery may be sue without office by warrant of the mast of9e  ware c see Elizabeth dyer that the queen ex debitojustitice be not bind at  this day after the say Act of Henry to grant a special livery but it be at her  election to grant a special livery or to drive the heir to a general livery  coke report er p it be also resolve in this case that the office of Henry be  not traversable for his own traverse shall prove that the king have cause to  have wardship by reason of ware and when the king come to the possession by a  false office or other mean upon a pretence of right where in truth he have no  right if it appear that the king have any other right or interest to have the  land there none shall traverse the office or title of the king because that  the judgement in the traverse be therefore con I king a possession to move  away c which ought not to sideratum be quod manus domain be when it appear to  the court that the king have right or interest to have the land and to hold  the same accord see Henry fol in the earl of ken case c