coke hay case in Curih Wardorum after a inquisition by a writ of diem to shut  extremum the juror upon a writ of to come be at large to find the truth of the  tenure notwithstanding the first office by inquisition in the county of  Middlesex year James by virtue of a they to shut extremum after the death of  Humphrey Wilward it be find that the say Humphrey die seize of a message and  twentysix acre of land in Stepney and that John Wilward be his heir and of the  age of fourteen year and nine day and that the land be hold of the king in  capite by knight service John Wilward die within age and by inquisition in Mid  June year James by virtue of a writ of to come after the death of the say John  Wilward it be find that the say John die seize in ware to the king and that  the say message and land at the time of the death of the say John be hold of  the dean of Paul as of his manor of Shadwell all the mesne rate incur in the  life of John Wilward be pay to the king a where a contract be make for the  sale of a next presentation the party at the time know the incumbent to be at  the point of death and expect a immediate vacancy the court hold that the  contract be simoniacal and the presentation make in pursuance of it by the  purchaser void although the clerk present be not privy to the transaction and  the contract be not enter into with a view to the presentation of any  particular person fox v bishop of Chester barn and Cress SC dow and Ryl  SC revd on appeal dow c Edward e r king b way coke report er p the question be  whether by the death of the say John and find of the mesne tenure in the to  come the first office grant to point be determine whether the tenure find by  the office may be traverse and as to these question it be resolve by the two  chief justice and chief baron that where the say John die the office find by  force of the say writ of diem to shut extremum after the death of Humphrey  Wilward whereby the king be entitle to the guardianship of the say John have  take its effect and be execute and do remain as evidence for the king after  the death of the say John but nevertheless be not traversable for it be  traversable during the time it remain in force only and the juror upon the to  come after the death of the say John be at liberty to find the certainty of  the tenure and they be not conclude by the first inquisition for they be swear  ad reality to say and with this agree h I and all this appear by the diversity  between the writ of they to shut extremum and the writ of to come ad it be to  be observe that there be no difference between the writ of they elausit  extremum and the writ of to come but in one point to wit the coke they clausil  extremum be general videlicet quantum the earth et property idem h ienuit de  we in capite c die quo to go et quantum de other general and the to come  recite quod I thread et hres h who de we to hold in capite recently dumb to be  infra Xtatem in custodian our men fail they to shut extremum ut to take  without effort cake prdpimus quod per sacrament inquire queen terr et tenement  per death give notice of or fix a day H etratione those inferior in rank  cetatis prdidi I ad manus our men to come c so that this writ be not general  but do restrain only the land and tenement queen to come c and all the other  point of the say writ do relate to the land and tenement quX to come c by  which it appear that the first inquisition be not so conclusive but that by  the express rule of the writ the juror be at large to find the truth of the  tenure notwithstanding the first office and so it be resolve and decree accord  the ninth James in the court of ware in the case of one lews