ford and sheldon case in a information in the exchequer Chamber for the king  against Thomas ford esquire Ralph Sheldon esquire and diverse other the case  be thus Thomas ford be at all time before the statute of Elizabeth a recusant  and for money lend to Sheldon some before Elizabeth and some after ford take a  recognizance in the name of the other defendant and take also a grant of a  rend charge to they in fee with condition of redemption by Deedindented and  the recognizance be condition for performance of covenant in the say indenture  and afterward the statute of the Elizabeth be make by which it be enact that  if default of payment be make in any part of payment videlicet of l for every  month c and that then and so often the queen majesty by process out of the  exchequer may take seize and enjoy all the good and two part c and after the  say Act and before the that year of the reign of the late queen ford lend  great sum of money to Sheldon and for assurance of it take a rend charge by  deed indent with condition of redemption and take also several recognizance in  the name of some of the other defendant for performance of covenant c as be  aforesaid which recognizance do amount in all to the sum of l all which be to  the use of the say ford and to be at his disposition and they be forfeit and  afterward videlicet Elizabeth ford be convict of recusancy and do not pay l  per month accord to the statute and if upon all this case the king shall have  the benefit of these recognizance be the question and this case be debate by  counsel learned on both side in court and it be object by the counsel of ford  that if the recognizance have be acknowledge to ford himself they shall not be  forfeit to the king for the statute speak only of good and debt be not include  within the word good and therefore if the king grant all the good which come  to he by the attainder of I S the patentee shall not have debt due to he for  that the grant only extend to good in possession and not to thing in action  and this Act be a Penal law and shall not be extend by equity it be object  that these recognizance be acknowledge good to perform covenant in a indenture  concern a rend charge and therefore savour of the realty and be not within the  intention of the say Act which speak only of good no fraud or covin appear in  the case and then forasmuch as no Act of parliament extend to this case it be  say that the commonlaw do not give any benefit to the king for at the  commonlaw in a far strong case if beneficiary and use have be attaint of  treason this use forasmuch as it be but a trust and confidence of which the  law do not take notice it be not forfeit to the king and can not be grant and  if a use shall not be forfeit of which there shall be a possession brother c  and which shall descend to the heir a much strong a mere trust and confidence  shall not be forfeit it be object that if the forfeiture in this case at the  bar accrue to the king by the statute of Elizabeth it ought to be by force of  this word good but that shall not be without question in this case for ford  have not any good but only a mere trust and confidence which be  nothinginconsideration of law and the court can adjudge that these  recognizance belong to the king by equity of the say statute because it be  penal also one recognizance be take in the name of some of the other defendant  before the statute of the Elizabeth which give the forfeiture and for that  reason it can be imagine that it be to defeat the king of a forfeiture which  then be not in be but give afterward as to the first objection it be answer  and resolve by all the baron and by Popham chief justice of England and  diverse other of the justice with who they confer that if the recognizance  have be acknowledge to the party himself that they be give to the king without  question for personal action be as well include within this word good in a Act  of parliament as good in possession but inasmuch as by the law thing in action  can be grant over for that cause by his general grant thing in action which  only he may grant by his prerogative without special word pass not for his  prerogative can never pass by general word and it be affirm that so it have be  resolve before that be to say that debt be forfeit to the king by the say Act  of the Elizabeth and where the statute say shall take seize and enjoy all the  good and two part c although a debt due to a recusant can be take and seize  yet inasmuch as there be another word videlicet enjoy the king may well enjoy  the debt and by process out of the exchequer levy it and so take and seize  refer to two part of land in possession and enjoy relate to good as to the  second objection it be original for the loan and forbearance of money and as  well the recognizance as the annuity be make for the security of the payment  of the say money also when the recognizance be forfeit they be but chattel  personal as to the three objection there be Covin apparent for when he be a  recusant continual after that statute of the Elizabeth and for that Chargeable  to the king for the forfeiture give by the same Act it shall be intend that he  take these recognizance in the name of other with a intent to prevent the king  of levy of the forfeiture and all the recognizance which be take in other man  name after the say Act shall be presume in law to be so take to the intent to  defeat the king of his forfeiture true it be that a use or trust shall not be  forfeit for treason or other offence by the commonlaw because it be not a  thing of which the commonlaw take any notice for that beneficiary and use have  neither Jus in re nor Jus and remember but by the commonlaw when any act be do  with a intent and purpose to defraud the king of his lawful duty or forfeiture  by the duty or forfeiture by the commonlaw or Act of parliament the king shall  not be bar of his lawful duty or forfeiture per sidelong which belong to he by  the law if the act be make de straight and therefore if a man outlaw buy good  in the name of other the king shall have the good in the same manner as if he  have take they direct in his own name so if any accountant to the king  purchase land in the name of other the king shall seize those land for money  due unto he and this appear by the case of Walter Chirton Trin Edward rot in  Scaccario where the case be that Walter de Chirton be indebt to the king l  which he have receive of the king Treasure and do purchase certain land with  the king money and by Covin have cause the vendor to feoff his friend in fee  to defraud the king and notwithstanding take the profit himself and afterward  Walter Chirton be commit to the fleet for the say debt and all the matter be  find by inquisition and by judgement the land be seize into the king hand  until what time for in case of the king a act do by Covin per sidelong shall  be equal to on act do de straight to the party himself for king to trip non  vult to trip autem non to be able see another precedent Trin Edward rot ex  recum king where one Thomas Favell be collector of tithe and fifteen and be  seize ofcertain land in feesimple and have diverse good and chattel  Dieintromissionis de collection et levation of ten and fifteen faint in limit  to make strange property to sew et good et catalla to visit mask and die  without heir or executor in this case by the prerogative of the king wooer be  make as well against the Ter-tenants as against the possessor of the good and  chattel although they be not executor c and to sum up pro collection  prediction et and to answer et to give satisfaction ind royal power c et hoc  per porter England et capital justice England et another justice a bag of hide  Banci quoth notam be as to the four objection non refert whether the duty to  accrue to the king by the commonlaw or by statute but be it the one way or the  other no subterfuge that the party can use can defeat or defraud the king and  although one of the recognizance be take before the statute of Elizabeth yet  that be to his use and for that it be in the nature of a chattel in he and be  take in the name of other to prevent the queen of her forfeiture which she may  have by the Act of Eliz and although ford be not convict until Elizabeth that  be not material for at all time before that he be subject to a forfeiture for  his recusancy