coke b might case Trin James m purchase to himself and a infant and their heir  land hold of the queen by knight service hold this purchase can be aver to be  by collusion to take away the wardship which may accrue after the death of m  No feoff which m can make of his moiety can be aver to be by collusion to take  away the wardship or primer seize due by his death when a father make a feoff  for the advancement of his child or payment of his debt such conveyance be go  d as to two part but void for the three godb   a   light a a b roll Rep in  curian Wardorum hoc boundary it be resolve by the two chief justice and the  chief baron and by the court of ware a court of ware abolish by stat car c  which statute by abolish the feudal tenor have make the power of dispose of  freehold land of inheritance by will general and unconfined a that where  Jeffere may with his own coke report a er p proper money purchase twelve acre  of land late Lumners to he and Simond Mond a infant to they and their heir  hold of queen Elizabeth by knight service that this original purchase can not  be aver to be by collusion to take away the wardship which may accrue after  the death of Jeffere may because the say Jeffere be never sole tenant to the  king nor by the death of Jeffere in respect of the survivor by force of  jointtenancy any wardship or primer seize can accrue to the king it be resolve  that no feoff which Jeffere can make of his moiety can be aver to be by  collusion to take away the wardship or primer seize due by his death for if no  feoff be make no benefit can accrue to the queen by his death also he be out  of the statute of a h c h c a h for the statute of h which be a statute of b    a Cr car b explanation speak only of a c Cr car c sole seize in fee for the  word be have a sole estate or interest in feesimple c it be resolve that when  the father make a feoff for the advancement of his wife preferment of his  child or payment of coke a his debt that that can be aver to be upon covin or  collusion to give cause to the queen to seize all the land for the statute of  h give power to the tenant to dispose two part to such use and the statute of  h explain that if all be dispose it shall be good for two part and so upon the  consideration of both the statute no averment can be of any covin in such case  for the clause of h concern covin be if any person c have estate of  inheritance of or in any land c hold of the king by knight service in chief or  otherwise of the king by knightsservice hereafter shall give will devise or  assign by will or other act execute in his life his manor c by fraud or covin  to any person for year life or life with one remainder over in fee or with  diverse remainder over for term of year life or in tail with a remainder over  in feesimple c or shall convey or make by fraud or covin contrary to the true  meaning of this Act any estate condition mesnalties tenor or conveyance to the  intent to defraud or deceive the king of his prerogative primer seize c which  shall or ought to accrue or grow c by or after the decease of his or their  tenant by force and accord to the former statute and of this present Act and  declaration and the same estate and other conveyance be find by office to be  so make and contrive by covin fraud and deceit as be abovesaid contrary to the  true meaning of the say former Act and of this Act and then the king shall  have as well the wardship of the body and custody of the land c as livery  primer seize c which shall or ought to appertain to the king accord to the  true intent and meaning of the say former Act and of this present Act as  though no such estate or conveyance by covin have never be have or make so  that this branch oftentimes refer this clause of covin to be contrary to the  true intent and meaning of the former Act and of this Act and therefore it be  first to be know what be the true intent and meaning of the Act of h and that  appear by the word thereof sure that all and singular person and person have c  shall have full power and authority to give dispose will or assign by his last  will in write or otherwise by any Act or act lawful execute two part c to or  for the advancement of his wife preferment of his child and payment of his  debt or otherwise at his will and pleasure and the word of the statute of h  shall have full and free liberty power and authority to give dispose will or  assign to any person or person c two part c upon which act be consider  together in all their part it be resolve by the two chief justice and the  chief baron and the court of ware that in all case when the king tenant convey  his land for coke b life year or in tail to his child or when a stranger be  join with the heir in estate or when a remainder be limit in fee or when a  estate be declare by will all which case be out of the statute of marlbridge  and in which case no collusion can have be aver as appear by sir George curson  case in the six part of my report and by our book there cite that in all such  case now by the express letter of the clause of h concern covin and collusion  covin may be aver for the king but only for a three coke report a er p part  and not for the two part for both the act have enable the king tenant to  dispose of two part at their will and pleasure as appear by the express letter  of both the act and therefore where no covin can have be allege for the king  in the case aforesaid before this Act now covin may be allege for the three  part only and thereof the Act of h S put example sure that he may convey two  part for the advancement of his wife preferment of his child and payment of  his debt against which no collusion can be aver at the commonlaw and conclude  with general word or otherwise at his will and pleasure and it be object that  in case where the king may take advantage of collusion apparent or averrable  within the statute of marlbridge c de haec who birthright et hredes infra  cetatem existence feoffare solent c sure to advance only his son and heir of a  estate in feesimple if such covin be find by office the king shall take  benefit thereof to which it be answer and resolve that by the express letter  of h which enable the tenant to convey two part for the preferment of his  child the queen shall have but the three part in such case for the say branch  of h conclude any law statute custom or other thing to the contrary  notwithstanding and so the statute give in many case remedy to the king where  he have not any before and in some case more benefit to the subject than he  have before and the case of may as to this point be such that Jeffere may be  seize of diverse land and tenement in the county of Norfolk in fee some of  they hold of queen Elizabeth in capite make feoff of diverse part of they to  diverse particular use to his brother and other of his blood to some of they  for life and to some for year the remainder to Thomas may his son and heir  apparent in tail the remainder to Jeffere his young son in tail the remainder  to whether his daughter in tail the remainder to Edward money in tail the  remainder to Jeffere his son in tail with several remainder over in tail the  remainder to Thomas may in fee and it be find by office after the death of  Jeffere that all the say estate and feoff be make by fraud and covin to  deceive coke a and defraud the late queen of her prerogative ware and marriage  and that Thomas be within the age of the twentyone year and afterward  accomplish his age of twentyone year and before livery Thomas the son die  without issue after who death another office be find year tertio James with  all the special matter and queen Elizabeth grant the ware and marriage of  Thomas the son to r chamberlain c and that Thomas the son after his full age  die without issue of his body before any livery prosecute and that Jeffere the  son be his brother and heir and within age and also next heir to the say  Jeffere the father and it be resolve by the court of ware in the time of queen  Elizabeth that although the covin be find by office that yet the queen shall  have but a three part of the profit and not the whole for the cause and reason  aforesaid and accord the queen have but the three part of the profit which  concur with the resolution before it be also resolve by the justice that after  the death of Thomas without issue Jeffere shall not be in ware for the covin  can not extend to Jeffere as heir to Jeffere the father for at the time of the  feoff he be the young son and the remainder be limit to he to take effect  after the death of Thomas the old son without issue and the queen have once  take advantage of the statute after the death of Jeffere and after the death  of Thomas the son he can not be in ware for Jeffere the son claim by force of  remainder and Thomas have nothing but in tail and he be dead without issue    light a   b   b dyer pl and it be also resolve by the say justice that if the  king tenant leave a three part to the king that no covin or collusion can be  aver for the two part for the letter and intent of both the act be that the  king shall be satisfy with the three part and therewith agree dyer Elizabeth n  the Lord Dacres case where it be say that this be the very meaning of both  statute join together coke report b er p