case Gavin mason plaintiff attorney general defendant in error saint February  the office of warden of the fleet prison be a ancient office of inheritance  hold by grant from the crown and be liable to be forfeit by the warden permit  a prisoner to escape judgement of b r on a to point out de law that the  plaintiff shall take nothing thereby affirm the office of warden of the fleet  be a ancient office of inheritance hold by several grant from the crown and  one Thomas Bromhall a infant be entitle to the equity of redemption of this  office subject to several mortgage for large sum of money it be by a act of  parliament that and that of William and mary vest in trustee to be sell and  John Tilly Esq brown purchase it in the name of the plaintiff for a valuable  consideration subject to the several encumbrance in February one Leighton upon  a suggestion in chancery that many abuse be commit in the execution of this  office obtain a commission to inquire into the same and upon such inquisition  it be find that ford the then act warden have permit one Spencer and three  other person to escape and have receive twenty guinea for the escape of  Spencer and that by reason of such misconduct the say office be forfeit to the  crown ford have traverse this inquisition the matter be try at the bar of the  court of queen bench on the that of November when he be acquit of all the  escape except Spencer and also of take any money for his escape but the jury  find he guilty of the escape itself upon the single evidence of one Emerson a  bailiff follower who have not only be twice convict of felony but have join  with other in a bind of pound penalty for Spencer true imprisonment and  therefore swear to discharge his own bind he be afterward prosecute and find  guilty of perjury for what he have swear upon this very trial fraud it appear  likewise that the plaintiff at who suit Spencer be imprison have be full  satisfy his debt and therefore have sustain no damage by the pretend escape  the jury however have find the fact the court be of opinion that the office be  forfeit into the queen hand and give judgement accord and Leighton the  prosecutor afterward obtain a grant of it for his life in April follow the  present plaintiff bring his to point out de law in the pettybag and therein  declare that before one Anthony church be warden of the fleet he the say mason  be seize of the say office with its appurtenance ut de fee et jure and that on  the d of may he grant the office to church for life that church enter have a  estate for life the reversion to mason and enjoy the office till the that of  September that under colour of some assignment from church who be then live  ford on that day take upon he the execution of the say office and remain  therein till the take of the inquisition and then the plaintiff traverse that  ford be seize in fee as find by the inquisition and therefore pray that the  king hand nought be amoved to this to point out de law the attorneygeneral  demurrer and the plaintiff have join in demurrer the record of the to point  out de law but not the brown er p inquisition be send into the court of queen  bench to be there determine and in Trinity term the judge of that court  unanimous give judgement against the plaintiff that he shall take nothing by  his to point out de law for that he have not show sufficient title in himself  to reverse this judgement the present writ of error be bring and on behalf of  the plaintiff it be say I Pratt p king to be brown impossible for he to set  forth his title so large as the court of queen bench seem to expect because  many of the deed belong to this title be destroy together with the prisonhouse  by the great fire in London year so that he can not set they forth particular  and if he can beside the length prolixity and charge of it it will have be  only matter of inducement and therefore unnecessary for even then the plea  must have centre in the same fact and conclude with the same traverse  videlicet that ford be not seize in fee of the office at the time of the  pretend escape of Spencer that this point if try will have put the plaintiff  under the necessity of show his title to the satisfaction of a jury but this  he be prevent from do by the demurrer and it will be very hard for a man to  lose his inheritance mere for a defect in the form of his plea that this  pretend forfeiture be to take away the inheritance from a fair purchaser under  a act of parliament and also the right of several innocent mortgagee for a  offence suppose to be commit by ford who have only a estate for life in the  office and to give it to a three person who have no right but what be create  to he by the oath of Emerson after beg a prosecution of a forfeiture for his  own benefit which be frequent the occasion of great oppression and vexation to  the subject and if encourage by success in the present case may endanger the  inheritance of all office and place liable to forfeiture to this it be answer  e Northey r Raymond that as to the pretend difficulty of prove the plaintiff  title because some of his deed be burn in the year it have no foundation in  fact for the plaintiff title be under a act of parliament pass in the year  whereby the office be vest in fee in trustee to be sell and his conveyance be  from those trustee in and that conveyance enrol and the judge of the queen  bench several time say that to plead that act and that conveyance have be  sufficient and as to the other pretence that the forfeiture take away the  right of several innocent person who have mortgage upon the office it be  likewise false in fact because every mortgage but one be pay and discharge and  that one be vest in Tilly who since the forfeiture have receive ten time more  than will have discharge it but if the case be otherwise the forfeiture can do  the mortgagee no harm since it well know that in all case of forfeiture the  crown by law take only subject to precede encumbrance accord after hear  counsel on this writ of error it be order and adjudge that the judgement give  in the court of queen bench shall be affirm and that the transcript of the  record shall be remit to that court to the end execution may he have thereupon  as if no such writ of error have be bring into the house jour vol p forfeiture  for treason