brown against wait enter trin car roll keb vent Mod levinz Nels Abr in  ejectment by the lessee of John Danvers Esq son and heir of sir John Danvers  for part of the late possession of the say sir John against wait lessee of  James duke of York to who the inheritance of the say possession be grant by  the king that now be the case upon a special verdict be thus sir John Danvers  seize to he and the heir of his body remainder to he and his heir in  easterterm car levy a fine of the say land to the use of himself and his heir  of his body the remainder to the use of he and his heir with power to make  lease c and afterward die the lessor enter as his son and heir and be seize  prout law demand afterward the Act of the of this king be make which recite  that sir John Danvers and other be except out of the Act of oblivion for all  pain penalty and forfeiture not extend to life and after recite that the say  sir John c be active instrument in the horrid and execrable treason of the  murder of king car enact that all the manor message land tenement rend  reversion remainder possession right condition interest office fee annuity and  all other hereditament lease for year chattel real and other thing of  whatsoever nature of the say sir John c which he or any other person have to  his use or in trust for he the that of march or any time after shall stand and  be forfeit to the king and shall be deem vest and judge to be in the king  actual possession without office or inquisition provide that no conveyance  assurance charge lease c make by the say sir John c before the that of Septem  good fide for money or any valuable consideration to any person other than his  wife child or Jones t heir shall be impeach or defeat by the conviction or  attainder aforesaid and the question upon this matter be whether the say land  of the say sir John be forfeit and give by this Act to the king for the  treason aforesaid and the matter be divide into two point by the plaintiff  counsel whether by this Act a estatetail be forfeit whether the fine in this  case operate to the forfeiture as to the first it be say that a estatetail be  not comprehend in these word land tenement hereditament c and though by Edward  land and tenement be forfeit for treason yet this do not extend to a  estatetail nor do any other statute which make forfeiture before h neither r  cap Edward cap nor r cap Trudgins case   Inst and by this Act no attainder be  make and the lessor here be in per form gift and the land be not his land as  the Act speak for the donee non to have polestat to make strange and Penal act  shall be take always strict   Dowtys case hob sheffields case and though the  word hereditament which be the most comprehensive term be use here yet this  extend only to the thing forfeit not to the estate and therefore h c which  intend forfeiture of tail for treason speak more full and express videlicet  all land and hereditament of any estate of inheritance as to the Jones t er p  second point it be say that the seize in fee be but for a instant and only in  supposition of law and not regard by the law Inst fol h a and there be also  cite for this point roll Rep part p Cr Cresse gay Jones Cr on the other side  it be argue for the defendant that this Act of give the estatetail to the king  for by the statute de gift the estate be create by general word tenement  therefore shall be forfeit by general word and this construction be  restoratory of the commonlaw the h have only general word any estate of  inheritance and the word all interest and hereditament be equipollent and  interest and estate be word of the same sense for interest can be take for  interest termini this word be join with office fee and hereditament and  precede they all which import a freehold at least Jones t chattel real be give  by express word by construction upon the entire Act a intent appear to attaint  sir John and the other of high treason for so it be express say in the proviso  for purchaser before mention and the most beneficial construction for the king  shall be make pl Com Lord berkelei case roll part   case of Adam and Lambert  as to the second point it be argue that this fine let we in the forfeiture  equal as a recognizance which be grant on the other side Popham   capel case  and likewise that a alienation make by fine be good notwithstanding the stat  de gift and forfeiture be a alienation for the restraint be by these word only  non to have power to make strange pl Com and this Act of car have express  relation and retrospect and extend to the avoid this estate which the lessor  claim for he be out of the exception make by the proviso by express word it be  also say that the estate of the conusee be forfeit for it be seize to the use  of sir John and though the seize be but for a instant yet this be forfeit  within the intention of this Act more Pimbs case hob sheffields case Cr car  stone against Newman   Englefields case the power to lease be also urge to  prove that the estate create by the fine be a new estate this case be adjudge  mich term car for the defendant after a conference between the judge who  unanimous agree that the estatetail be forfeit by this Act and upon this point  only the judgement be give without mention of the second point the judgement  be pronounce by the chief justice who argue brief upon the stat de gift then  observe how its fetter be loosen by common recovery in the time of Edward  afterward by the h after that by h which have make estatestail liable to  forfeiture for treason and that Act and the Act of car be consider together he  hold clear that the land in tail of sir John Danvers be give to the king as to  the case of trudgin which be the case insist on the most strong for the  plaintiff he observe that the forfeiture give on a prcemunire be before the  stat of h and it will be a strange construction to make a estatetail  forfeitable for a prmunire when it be not for treason but after h which have  Jones t subject estatestail to forfeiture for treason the Act of which clear  intend to inflict all pain penalty forfeiture c not extend to life can have no  other construction in this case of the king murder the most horrid and  execrable treason than to extend to all thing and all estate which may by the  law be forfeit for treason and the rather for that this Act in the proviso  before mention style the judgement of parliament in this case a conviction and  attainder