THE USE OF THE LAW. 241 



as well in soccage as in capite, must descend to the heir, to The third part 

 answer wardship, livery, and primer seisin to the crown. JhTheir S to ndt0 



And so if he hold lands by knight s service of a subject, sw^rguardsWp, 

 he can devise of the land but two parts, and the third the livery,and seisin 

 lord by wardship, and the heir by descent, is to hold. ^ conveTn 



And if a man that hath three acres of land holden in by devfe/of ca- 

 capite, by knight s service, do make a jointure to his wife pite lands to the 

 of one, and convey another to any of his children, or to ^ fe for her 



f j it ii .A. jj. T_- j -L i jointure, or to 



mends, to take the profits and to pay his debts, or lega- his children for 

 cies, or daughters portions, then the third acre, or any their good, or 

 part thereof, he cannot give by will, but must suffer it to to .P a y debts is 



A i - j ri \- c ^ ^ V0ld for a third 



descend to the heir, and that must satisfy wardship. part, by 32 H. 8. 



Yet a man, having three acres as before, may convey all But a convey- 

 to his wife or children, by conveyance, in his life time, as cuted^th^iif&quot; 

 by feoffment, fine, recovery, bargain, and sale, or covenant time of Sie party 

 to stand seised to uses, and to disinherit the heir. But if of such lands to 

 the heir be within age when his father dieth, the king or su ^ JJ ses 1S J? ! 

 other lord shall have that heir in ward, and shall have one part butV the 

 of the three acres during the wardship, and to sue livery and heir be within 

 seisin. But at full age the heir shall have no part of it, a e he sha11 

 but it shall go according to the conveyance made by the acre* uTbe in** 

 father. ward. 



It hath been debated how the thirds shall be set forth. Entailed lands 

 For it is the use that all lands which the father leaveth to Eds 

 descend to the heir, being fee-simple, or in tail, must be The king nor 

 part of the thirds ; and if it be a full third, then the king, j ord c ^ not in - 

 nor heir, nor lord, can intermeddle with the rest ; if it be fuiuhirdYart 

 not a full third yet they must take it so much as it is, and be left to des- 

 have a supply out of the rest. ce ? d lo the 



This supply is to be taken thus ; if it be the king s ward, Th&quot; manner of 

 then by a commission out of the court of wards, whereupon making supply 

 a jury by oath must set forth so much as shall make up whenthe P art 

 the thirds, except the officers of the court of wards can a full S!&quot; 

 otherwise agree with the parties. If there be no wardship The statutes 

 due to the king, then the other lord is to have this supply ^ ve P ower to 

 by a commission out of the chancery, and jury thereupon. ^ StS?i 



But in all those cases the statutes do give power to him himself, and if 

 that maketh the will to set forth, and appoint of himself il be not a third 

 which lands shall go for thirds, and neither king nor lord ESwLSf 

 can refuse it. And if it be not enough, yet they must take must take that 

 that in part, and only have a supply in manner as before is J n part and 

 mentioned out of the rest. ha j e * .W^ 



out of the rent. 



VOL. XIII. 



