CLARVES case a devise of land devisable by custom hold in capite by  knightservice be good against the heir for the whole how as to the king S  wardship and primer seize a but now car c which abolish all the consequence of  feudal tenor and service have turn all into free and common socage land in fee  be all devisable with the solemnities require by car c a tenement devisable in  London come to the hand of king Henry by the dissolution of the abbey and  afterward the king grant they by patent in fee to hold in chief by  knightservice quaere whether the patentee may devise the whole by his  testament or last will in write or only two part and it seem that if his heir  be within age the king shall have the three part in ware by reason of the save  in the act of h c but if he be of full age quaere whether he shall have the  primer seize of the three part against the devise by reason of the say save  but it seem that the heir after his full age shall be bind for the whole for  there be no word express in the statute to restrain the will of land which be  devisable by will before the act quaere bene and this question be put by the  attorneygeneral t p m to the board of sergeant inn and again in the court of  ware easter Elizabeth for Charles Clarves and it be hold clear that the devise  be good for the whole against the heir but perhaps not against the queen for  ware or primer season east Elizabeth the skinners of London case and clayton  case Elizabeth east accord dyer a er p upon a office state de quo well who  property to hold well per who the condition of a slave a swearer ignorant find  before Edward c a melius to seek after shall not issue but the party be put to  his traverse note that the ancient course of the exchequer be if it be find by  office that a b be seize of tenement hut of what person or person they be  ignorant that a commission shall issue to inquire certain c and if it be find  that it be of I S then the party have a ouster Le main but if the office find  tenure of the king but by what service etcetera ignorant this be good for the  king and the best shall be intend for he S in capite but now in these case a  melius inquirend shall be award by the statute aforesaid see Instit b in the  court of ware it be move as a great doubt whether the writ of melius to seek  after be grantable upon a office which have the word of what person or person  the tenement be golden the juror be whole ignorant or by what service the  juror be ignorant by the commonlaw although it be recite in the statute e c  that the ancient commonlaw be so for several be of opinion that by the  commonlaw such office be sufficient to give title to the king and by the  register a the melius to seek after be awardable in these two case S where the  jury find that the tenement be hold of the heir of I S without strew the name  of the heir and where they find the heir to he who die on the mother side but  who be heir on the father side they be ignorant in which case who be the next  heir be not find and also where the tenure of what person or person be not  find and also where the value be too small c but as it seem by reason of the  say statute which have a proviso that save office and inquisition title and  the interest of the king and every person dyer accrue before the day of march  then next c as if the act have not be therefore by the better opinion no  melius to seek after shall be award at this day upon any such ancient office  find and return before the statute but the party shall be put to his traverse  but sander c I contra and that there be a precedent to the contrary in the  time of Lord Portman there be also another question in the court of ware if  the heir be find by office of the age of fifteen year and when he come l to  the age of twenty year he be find by estate probandd of full age which be  false in fact in this case the king have no remedy but he ought to make livery  to the subject de jane by sander dyer and the king sergeant but Keilway and  the master of the ware e contra see stat e c which give a traverse to the heir  at his full age in fact although he be under by the office and after ware  brook c I of the bench Stamford baker and diverse other think that weigh the  word of the statute S at his very full age indeed he shall have the estate to  make good and if it be grant before a traverse by the statute shall be admit  and it be so rule at length as I believe see Trin h b pl traverse in the case  of Higforde concern the case above De melius inquirend where the office be  find as the report be the say manor of e in the county of Warwick be hold as  of the honour of Winton but by the service of the six part of a knight fee  whereby a search of the record thereof in chancery which see in the follow  year b pl a writ de melius inquirend issue out of chancery on account of the  incertainty of the inquisition because it be not find of what person or person  that tenure be nor who be the lord of the honour of Winton therefore c dyer b  er p