brown and wait ante trin car ill rot treason ejectment the case be sir I d  seize by feoff car in tail remainder in fee in Trin levy a fine to the same  use and die seize leave lessor of the plaintiff his heir Wallop for the  plaintiff that on car cap the estate tail be not forfeit this Inst be a new  law and penal be take strict and he and his be the rule word of the Act this  be the ground of trudgeons case that since W cap tenant in tail have nothing  else hob pl Com Inst do overrule this case which be upon a attainder this  without and Edward stat cap   do not repeal the statute de gift but be intend  of land in fee and what he may lawful forfeit elegit Br rend may be extend as  land but not forfeit long than for life of tenant in tail and the general word  be to show the thing forfeitable and hereditament Inst import no great estate  in those thing but that all thing inheritable may pass but estate for life or  year may pass by these word and be not the same with hereditament in h cap  which be more exact pen to forfeit all land the party bath of any estate of  inheritance and before h cap the estate tail be not forfeit   Doutyes case a  attainder by parliament which be out of the statute Keble h cap not that W cap  gain from the king exemption from forfeiture as hob recriminate hob a  forfeiture as a kind of grant and all land be too lose and ambiguous to repeal  the statute W cap as to Edward cap it appear by   that Act be ground on  special rule and take away all superstitious use the lesser be include in the  great also estate tail may continue for ever also Edward cap be no penal law  nor have the king advantage by the gift but car cap be penal and Danvers not  except out of car cap as Cromwell be therefore notwithstanding the different  pen this Act car cap tail be not forfeit not refer to cromwell Act c c and  there be a attainder which be not so here by any general word   this be the  same with conviction if the statute intend not forfeiture of estate tail it  bath no operation against the fine for march sir I d have no estate but tail  and the fiction and relation of the statute shall not defeat the instantaneous  seize its true roll Jones and bull charge by tenant in tail shall bind all  estate derive under it but here the statute car cap be the first thing that  affect the estate and until then no charge be upon the land in the hand of  tenant in tail also the word of the statute car cap forbid all retrospect and  that all his land shall be forfeit to his now majesty and if it shall relate  it must be forfeit to the former king car Jones pl Com this be the reason such  act prevent remitter which be a beneficial fiction this will be a fiction to  make a forfeiture also its not say that Keble er p all the land shall be  forfeit but that the land be then bad shall be now forfeit in who hand soever  also here be no attainder I Cr nor forfeiture at commonlaw but accord to  Edward cap the intent of the lawmaker the statute be the judgement and beyond  that there shall be no relation far but the other word serve for description  also the son be in by W cap therefore not Jones to be shake off by fiction Mr  solicitor winnington for the defendant the only doubt arise because estate  tail be not mention in car cap that nothing extend to discharge trust of sir I  d c guilty of the treason c and give forfeiture of all hereditament c of sir I  d or any in trust for he c before h cap general word will not extend to estate  tail be do forfeitable but since that they may which answer trudgeons case  Inst Keble such estate be forfeitable its the consequence of treason to be  forfeit pound Inst Inst be on the same ground and car cap declare and call the  crime treason and forfeit all hereditament c and intend not to lessen the  crime by which estate tail be forfeitable but only to mitigate the punishment  and though by commonlaw there can be no forfeiture without attainder yet by  statute there may as   the prince case also in car cap there be no word to  discharge or save this and roll and Spilmans glossary hereditament comprehend  right and estate and so be the intent of this Act and a feesimple be not  express in car cap yet be forfeit undeniable and so be a entail by  construction of other word the proviso car cap be that no assurance before  march shall be impeach therefore all since be in h cap there be no express  word to forfeit tail yet as   Nevels case in favour of the crown and  detestation of the fact a title of honour be forfeit a strong in this case on  this statute car cap and admit tail not forfeit by the fine the new estate  tail thereby gain be forfeit without any fiction for the issue be estopt by  the fine to set up the first entail f n b pl Com Fulmerstons case   Altonwoods  case the new limitation in tail will not discharge the rend grant by tenant in  tail also fine by issue   earl of Bedford case before entry estops remitter  and since the fine sir I d be as seize in fee in which case thereby it will be  forfeit by this act roll title fraud the law often take notice of previous act  which show the justness of the retrospect to the rebellion c and a fine with  grant and render be all as one conveyance so h on feoff by tenant for life  which be not sufficient to let in dower but here sir I d have a fee until the  use declare and on   Dowmans case the Act car cap hinder the limit of the use  for pi Com dame hale case this forfeiture be a alienation that hinder to  declare the use c Inst b Twisden justice agree general word before h cap will  not forfeit tail but since it will without attainder but as to the  instantaneous seize there be nothing for the old estate tail be only bare by  the fine against the party not against the king as to treason before and car  cap be not intend in favour et adjornatur