case Grantham et all commissioner and trustee of the forfeit estate versus  alexander gordon in house nobles attainder of major general Thomas Gordon  Laird of Auchintoule will not extend to attaint the party if his name be  Alexander though the rest of the description agree by a Act of parliament make  in the first year of king George for the attainder of earl marischal et all it  be enact in it all that if major general Thomas Gordon Laird of Auchintoule  shall not render himself before such a day he shall be attaint of high treason  peer William major general gordon Christian name be Alexander not Thomas and  he do not render himself within the time the commissioner of the forfeit  estate in Scotland adjudge that the respondent Alexander Gordon be not attaint  whereupon the commissioner for forfeit estate in England appeal to the house  of lord it be insist for the forfeiture that here be a full description  without a Christian name videlicet major general Gordon Laird of Auchintoule  which be a sufficient certainty peer William er p for every one must know who  be mean by it and if the description without the Christian name be sufficient  then utile per inutile non to make faulty that as in Inst a a grant make to  John earl of Pembroke when his name be William or to John bishop of Rochester  when his name be William be good because there can be but one of that dignity  but one earl of Pembroke and but one bishop of Rochester wherefore the  addition of a false Christian name will not hurt it so in the principal case  there be but one major general Gordon Laird of Auchintoule this description  can answer no person whatsoever but the respondent also that there be  sufficient certainty accord to the course of parliament and therefore that may  be good by way of impeachment which will not be so in a proceed by indictment  for which purpose dr sacheverel case saint trial vol be cite peer William for  the respondent it be argue that there ought to be a legal certainty not only  in indictment for capital but for all criminal offence and much more will the  law require certainty in the case of a indictment for a offence whereby a man  blood be to be corrupt his estate forfeit and his life take away in the most  formidable manner that though it may be true which however be not admit that a  attainder will be good by the description of major general Gordon Laird of  Auchintoule and that there may be such a man yet add a wrong Christian name be  much worse than if there have be no Christian name at all for there may be  such a man as major general Gordon Laird of Auchintoule and yet no such man as  major general Thomas Gordon Laird of Auchintoule that the case cite from Inst  a may be allow to be law and yet that no way like the case now under debate  because in a grant the law take it as strong as may be against the grantor ut  res to greater extent to be strong it be presume that some valuable  consideration be give for the grant and it will be very hard that the  purchaser by reason of a mistake of his name shall lose his purchase wherefore  it be sufficient to make the grant good if it can appear who be intend to take  because the grant of the party find upon the contract of the party shall take  effect accord to his intent and purchase may be good without either Christian  or surname as the old son or young son of I S Inst where above but in case of  a indictment the construction be not to be accord to the intent of the  indictment but must be strict certain and if a indictment be to be so much  more must a attainder which bind for ever both as to life and peer William  estate and a indictment of one by the description only of the old or young son  of I S will not be good that the name of Alexander and Thomas be two as  different name as well can be and therefore it be impossible that Alexander  Gordon can be intend to be Thomas Gordon that suppose major general Alexander  Gordon be attaint by his right name and afterward pardon by the wrong name of  Thomas Gordon this pardon will not be good because it can not be intend a  pardon of the same person that be attaint and it will be very hard that such a  attainder as be in the principal case shall notwithstanding the mistake of the  name be good to take away a man life and yet that a pardon by reason of the  same mistake of the name shall not be good to save the man life which reason  have great weight with the lord that if this attainder of Alexander by the  name of Thomas be to be good a innocent man may be execute instead of the  guilty and it will be sufficient to say that Alexander be the man intend  though Thomas be the man attaint but as incertainty be the mother of confusion  so it be the happiness and excellency of our law to delight in and especial in  criminal prosecution to require certainty ante in the case of Mitchel v  Reynolds that if Alexander Gordon be outlaw by the name of Thomas Gordon the  law in that case will allow he no redress by writ of error because he will not  be hurt nor any way concern in the outlawry of one who be suppose to be  another person and yet where the law say the person be peer William not hurt  or any way concern the attempt now be to hang that man and to take away all  his estate that the objection be the strong in the principal case for that the  not render himself by the time prescribe by the act make the treason and here  Alexander may well think himself not the person intend and require to  surrender when the act require Thomas to surrender consequent it will be hard  that his not do of peer William er p that which he have at least very probable  reason to think not incumbent upon he to do shall render he guilty of the high  crime know in our law high treason and as to whatwas say that this be a  attainder by parliament differ from a outlawry and that the course of  parliament make it good it be answer that impeachment in parliament differ  from indictment and may be justify by the law and course of parliament but  that there be no other method of construe a Act of parliament as this be but  accord to the rule of law last that if the respondent Alexander Gordon thus  intend as it be say to be attaint by the name of Thomas have be bring to the  king bench bar that court will not nor can have award execution against  Alexander Gordon on the attainder of Thomas but on Alexander show this to the  court they must have discharge he upon which the counsel be withdraw the lord  adjourn the debate till the next day in order to have the opinion of all the  judge of England when the Lord chief justice Pratt deliver the opinion of they  all that this attainder of major general Thomas Gordon Laird of Auchintoule  peer William do not attaint the respondent who name be Alexander and that if  Alexander Gordon upon such a attainder have be bring to the king bench bar and  have make this matter appear that court can not have award execution against  he vide Lord pitsligo case forster crown law Toml p c upon which the decree of  the commissioner for forfeit estate in Scotland be affirm memorandum in this  case it be admit by the counsel on the other side that by the late statute for  the union of the two kingdom of England and Scotland treason and prosecution  for treason be the same in Scotland as here I be of counsel for the respondent  and Mr Bootle for the appellant and alsoa Scotch lawyer on each side the like  determination be make by the lord in the December follow in the case of  Grantham et all v Farquharson who be pretend to be attaint by the name of  Alexander Farquharson whereas his Christian name be Patrick from the report of  this case Toml p c it appear that by stat g c all land c whereof any person  attaint be seize be vest in his majesty for the use of the public and by stat  g c be vest in the commissioner the appellant to be sell for the public use  the commissioner have seize the land of the respondent under colour that he be  mean by the attainder of major general Thomas Gordon the respondent in  pursuance of g c present exception against the seizure to the lord of Council  and session in Scotland who decide that the public by the attainder of major  general Thomas Gordon have no right or interest in the say estate of major  general Alexander Gordon of Auchintoule and therefore sustain the exception  against this decree the commissioner appeal peer William de term paschae