coke b sir richard PEXHALLS case Trin James rot p seize of land in fee hold in  socage and of other land hold in fee of the queen by knight service in capite  devise to m a hundred sheep and ten bullock and ten pound issue and Payable  out of all his land and tenement quarterly c hold the devise be good to charge  two part of the land and void for the residue the devisee have a estate for  life in the say rend of ten pound the word Payable quarterly refer to the rend  only vide the entry   Ent nu in a second deliverance bring by Eustace Barton  against Nicholas more for take of his cattle the that of April year James king  at Broxhead in the county of Southampton in a place call gate the defendant  avow the take because sir Richard pexhall Knt be seize of the manor of  Broxhead in the say county whereof the place in which c be parcel in fee and  hold it of the bishop of Winchester in socage as of his manor of Sutton and be  also seize of the manor of Beanraper crane chinham Steventon and diverse other  manor land and tenement and of a house in London devisable by custom in fee  and hold the say manor of Steventon of the queen by knight service in capite  and be so seize coke report a er p make his will in write and thereby devise  to Eleanor his wife the say house in London and two part of the other manor  land and tenement for thirteen year and add a proviso that the say devise  shall not be prejudicial to any estate title or interest for year or year life  or life which shall be after devise in the same will and after in the same  will devoted to et to send with a commission eiden Nicholas more kinsman his l  exeunetsolubil de et ex prd messuag et deetex prd two birth manerior et  cterorum property prd quarterly ad maxim usual witness et pro non solution ind  ad stretch out et severity detinend until what time c and that the say sir  Richard be so seize die seize c and for for two year end year Elizabeth be  avow and aver the value of the say manor and tenement aforesaid at the time of  the will c to be per and above all reprisal and it appear by the bar to the  avowry that the word coke a of the will be I will and bequeathe to dame  Eleanor my wife all my manor land tenement c for the term of thirteen year  next after my decease provide that this gift devise and bequest make to the  say Eleanor shall not be prejudicial to any of the estate or estate title or  interest for year or year life or life that shall he hereafter in this present  will give or bequeathe and further in the same will devise item I give and  bequeathe to my cousin Nicholas more a hundred sheep and ten bullock and issue  and Payable out of my land and tenement quarterly at the most usual feast and  for nonpayment to distrain and the distress to detain until he be satisfy of  the arrearage and to keep the court and court of all my manor upon lawful  request to the say Nicholas by he or his deputy during his life and when the  say Nicholas shall think it most convenient and meet to keep and upon the  whole record the question which arise out of this part of the will be two I if  sir Richard pexhall have power by the Act of h cap to devise this rend of to  Nicholas more out of all his land a since the stat car c the restriction of  and h have become inoperative and the power of disposition by will of freehold  land of inheritance be general and not confine vide note to butler and baker  case   a et seq a what estate Nicholas more have in the rend as to the first  it be object that sir Richard pexhall have not pursue the power which the say  Act of h give he for the word of the Act be that every one c may devise any  rend common or other profit out of the same two part videlicet out of his  manor land tenement and hereditament in three part to be divide or out of any  part thereof or as much thereof as shall amount to the full clear yearly value  of two part thereof and the sole question depend upon the say clause of h for  the statute of h give no power to the owner of the land to devise rend common  or other profit out of it and in this case where sir Richard have a power to  devise a rend c out of two part by that Act he have devise a rend out of all  his land and so have not pursue the authority which the Act give he and the  clause of h which follow next after the say branch of the Act by which it be  enact that by the authority aforesaid the say will so declare shall be good  and effectual for two part of the say manor land tenement or hereditament  although the will declare be make of the whole or of more than of two part  extend only to a devise of the land itself and not to any rend common or  profit out of it as appear by the letter thereof and by all the subsequent  branch concern the division and this clause be a explanation of the Act of h  when all be devise but as have be say the power to devise a rend c out of the  land be only give by the stat of h and the opinion in butler and baker case in  the three part of my report a be cite where coke b it be say that if a man a    a hob   light b a seize of three acre hold by knight service each of the  yearly value of d and be devise a rend of S out of these three acre this  devise be void for the whole because he do not pursue the power which the  statute prescribe but in such case if he devise a rend of S which be the value  of all out of two part it be good because in that case the value extend to the  land and not to the rend for the word be any rend without any restraint as to  that coke report a er p it be answer and resolve by the court that it be true  that the statute of Henry do not extend to a devise of any rend c out of the  land but the power as to that be give by the statute of h which have four  distinct branch as to this point that every one have a sole estate in  feesimple c of and in any manor c and have no manor c hold of the king or of  any other person by knight service shall have full and free liberty power and  authority to give dispose will or devise c all his manor c or any rend common  or other profit out of or to be perceive of the same or out of any parcel  thereof at his own free will and pleasure any clause in the say former Act  notwithstanding by this branch it appear that he who have no land hold by  knight service may devise any rend common or profit out of his land whereof he  be seize in fee to what value he will although the rend common or profit  exceed the value of the land for the word be at his own free will and pleasure  the second branch be when any be sole seize of any manor c hold of the king in  capite by knight service shall have f till and free liberty to devise c by his  last will in write c two part of all his manor c or any rend common or profit  out of or to be perceive of the same two part or out of any parcel thereof in  three part to be divide or as much thereof as shall amount to the full and  clear yearly value of two part thereof in three part to be divide at his own  free will and pleasure the three branch be that all and singular person and  person have a sole estate in feesimple c of and in any manor c hold of the  king by knight service and not in chief or hold of any other person by knight  service shall have full and free liberty to devise c by his last will and  testament in write c two part of the say manor c or any rend common or other  profit out of or to be perceive of the same two part or out of any parcel  thereof in three part to be divide or as much thereof as shall amount to the  full and clear yearly value of two part thereof in three part to be divide at  his free will and pleasure the that branch be and that the say will so declare  shall be good for two part of the say manor c although it be declare of the  whole coke a and also for the whole of all other such manor c not hold by  knight service and of any rend common or other profit out of or to be perceive  of the same or out of any parcel thereof at his free will and pleasure by all  which branch it appear that it be chief for the benefit of the king or lord of  who the land be hold by knight service c that the owner of the land have power  by his will to charge but two part and by consequence it tend to the benefit  of the heir for in case when there be not any tenure to draw wardship c there  the owner may at his free will and pleasure charge the whole then in the case  at the bar where the manor of Steventon be hold of the king in chief by knight  service sir Richard have   light b power to charge but two part yet when he  charge the whole he charge two part and more and therefore it shall be good  for so much as the statute enable he and void for the residue because a   two  a a when plus fill how become debet to see etian Self become quod faciendum be  but forasmuch as sir Richard have power by his will to charge but two part the  charge of the whole be void for the three part not only as to the king or  other lord but as to the heir also because as to the three part the will  remain at the commonlaw which be utter void and accord to this judgement and  for the same reason it be adjudge m Ph mark in Com banc rot b and Plowd a b n  c   a b Br witness n bend pl die pl Leon Leon jenk cent dyer b umpton and hide  case that a will in write after the statute of h and before the statute of h  declare of the whole land whereof part be hold of the king by knight service  in capite be good for two part and so it have be if the statute of h have  never be make which be all one in reason with the case at bar and by this  construction the true intention as well of the testator in his will as of the  say act of parliament without prejudice to any be well observe and there be a  difference between the common case of licence and the case at bar for if coke  report b er p the king c Plowd b c licence one to alien two part of his manor  of d which be hold of he in capite and he alien the whole manor he have not  pursue the licence for by his alienation the whole manor passes which be not  accord to his licence but when a Act of parliament authorize the owner of land  hold in capite to charge two part thereof which he can not do by the commonlaw  in this case if he charge his whole land it be mere void for the three part  and therefore he have well pursue the authority which the statute have give to  he to charge two part so if a man have the moiety of the manor of d know by  the name of the manor of d and the king licence he to alien the moiety of the  manor and he alien the manor he have well pursue the licence for in truth  nothing pass but the moiety and so you will better understand the law among  the various opinion obiter in blow command b in butler and baker case coke b  and as to the second point it be agree per totan cur that he have a estate for  life in the say rend of per and because if it have be in a grant the grantee  shall have it for life for if a man by his deed grant a rend of issue and  Payable out of all his land quarterly at the usual feast and for nonpayment to  distrain for the rend and all the arrearage in that case the grantee shall  have the rend d ass pl roll Plowd b Cr Elizabeth Br estate Perk sect   light a  Bulst d for life also in respect thereof he ought to hold the e Bulst e court  of all his manor for his life etofficiumetfeodum are concomitant and he shall  have the like estate in fee as he have in the office but it be object that  then the devisee shall have also sheep and bullock yearly for his life as well  as the rend quod to be negate per tot cur and that for two cause the second f  wing Max light Rep f et in the say sentence disjoin and sever the rend from  the sheep and bullock as in the case Edward b where two be bind to stand to  the arbitrament of I S de a roll abrutus tree d light Rep Fitzherbert abrutus  tree march Arb a omnib actionib of follow continually et complaint this word  of shall be refer to all but if the word be de omnibus act of et seat et  complaint it shall be otherwise for there the last et disjoin complaint from  the whole first part of the sentence and shall be take general without any  reference to of so in the case at bar when sir Richard devise sheep and  bullock and the last et disjoin the rend from the sheep and bullock these word  Payable b light sect b quarterly at the usual feast ought to have reference to  the rend for bullock per and can be deliver quarterly and judgement be give  for Nicholas more the avowant