agard against the bishop OF peterborough and another a church be void the  present turn shall not pass under a grant of the next avoidance quaere hinder  be bring by agard against the bishop of Peterborough and Denton clerk and the  plaintiff count that the earl of Oxford be seize of the advowson of oh in fee  as in gross and present the say Denton who be institute etcetera in the time  of Henry and afterward S that September in the first and second year of the  now queen by his write show to the court that the earl grant the first and  next avoidance of the say church when first and next it shall happen to be  void to the say agard and further show that the church be void by reason of  the say denton be induct to the benefice of Upmaster in the county of Essex  which induction be in April in the first year of the present queen which be  before the grant of the advowson and so allege in the count dyer by reason of  which induction and by virtue of the statute h c of plurality of dyer a er p  benefice with cure and of the value of eight pound by the year and more the  church be void and aver the benefice to be above the value of eight pound and  count over accord to the statute and also in the conclusion of the count aver  that this avoidance be the first and next after the gift and grant aforesaid c  and issue be join upon the induction and try at nisi prius in Essex at the  last assize for the plaintiff and it be allege in arrest of judgement that the  matter of the count as above will not maintain the quaere hinder for the  avoidance aforesaid causan to stand open tenant for life remainder in tail  remainder in fee of land hold in chivalry of the king he in remainder in tail  die his heir within age the king grant over the seignory and the tenant for  life dieSC whether the grantee shall haste the ware   a   Litt Robert Bingham  esquire seize in fee of the manor of Bingham Melcum in Dorsetshire hold of sir  John Horsley Melcum as of his manor of horsley Melcum in chivalry in the that  year of Elizabeth levy a fine of it to the use of himself and jane his wife  and his heir Elizabeth he levy another fine of the same manor of b m to the  use of Robert his son and heir in tail and afterward to the use of his own  right heir Elizabeth Robert the son die have issue Richard Elizabeth sir John  Horsley suffer a recovery of his manor of horsley Melcum to the use of himself  in tail and afterward to sir Robert Horsley in tail and then to his right heir  and die without issue Elizabeth Robert Bingham the grandfather die Elizabeth  jane die Richard Bingham the heir in tail within age with John stride and Ann  his wife fatherinlaw and mother of Richard enter into Bingham Melcum and  demise it to William Albert for seven year who demise it to George stride  esquire for six year and a half and he be eject by sir Robert Horsley Richard  vale and Edward gore bring ejection strong e b m and Elizabeth rot this case  be find in a special verdict three question be move and urge by coke  attorneygeneral ex part stride plaintiff and by Tanfield and other ex part  Horsley defendant saint whether the remainder to the right heir of Robert  Bingham the grandfather limit upon the fine of Elizabeth be his ancient  reversion and then Robert the son be tenant in tail hold of he and his issue  shall be in ware to the grandfather as at first and not to sir Robert as lord  paramount idle whether sir Robert come to the signiory after the death of  Robert the son be tenant in tail and during the life of the tenant for life  shall have the wardship of the land after the death of tenant for life for now  the issue be in by a ancestor who never die in sir Robert homage dly whether  by the save to the lord upon the statute h c sir Robert shall have the three  part of the land in ware during Richard minority m and Elizabeth rot and the  case on the that of June in Trinity term Elizabeth A D be adjudge in b r in  all the three point for the plaintiff to which judgement also by the report of  sir John Popham chief justice each of the judge at sergeant inn in fleet  street Clench and gawdy except agree testae John stride the king lord of land  hold in chivalry Thomas shaw the father be tenant in tail thereof to he and  the heir male of his body remainder to the heir of the body of sir John shaw  then dead who right heir be then Alice remainder over in feesimple to the  right heir of sir I which be the say Alice the say Thomas the father in h  after the death of the say sir I S and Edward S covenant to super a recovery  to the use of one l who be the wife of the say e for the term of her life and  after her decease to the use of t S the father and the heir male of his body  and for default of such issue to the use of the heir of the dyer b er p body  of sir I S then be dead remainder over to the use of the right heir of sir I S  and the recovery be suffer accord and after the statute h c the say estate be  execute in possession accord and then Thomas the father die live the say l his  say son t within age and the king afterward grant the signiory to Lord Richard  in fee who be seize of the service by the hand of l and afterward l die quaere  whether Lord Richard shall have the wardship of the body of the heir and land  because the father t die before the signiory be grant the case in m e a be as  follow Lord and tenant in chivalry the tenant make a gift by fine for life  remainder to husband and wife in special tail remainder over in fee to the  husband and afterward the lord grant the signiory and the tenant for life  attorned and afterward the donee in remainder have issue of full age and die  during the life of the particular tenant for life and afterward the issue have  issue within dyer age and die and then the tenant for life die the issue of  the issue be within age the grantee of the signiory shall have the wardship of  the body and land rule in ware a wardship with the rest of the feudal service  abolish by car oh a