brown case rise DUPLESSIS Appellant the attorney GENERAL Respondent that march  see now the naturalize Act Vict c S by the know law of the land no alien bear  can take by grant devise or other purchase any freehold or chattel real for  his own benefit but can and do in such case take for the benefit of the crown  yet this disability be neither a penalty or forfeiture the alien can demurrer  to a information file for discover the place of his birth in order to  establish the fact of alienage vesey Henry Lord Coleraine die on the that of  August seize of the reversion in fee of diverse manor and land in the county  of Middlesex Norfolk and Cambridge of about pound ayear expectant on the  determination of particular estate create by his lordship marriage settlement  of the that of January all brown er p which estate be soon after his death  spend and determine except a term of ninetynine year for secure a rentcharge  of pound ayear clear of all deduction to Ann lady Coleraine his widow for life  by way of jointure Lord Coleraine by his will date the that of September  execute at Rotterdam and holland take notice that after have live twenty year  separate from his lady he do in April agree to cohabit and accord have ever  since cohabit with the appellant as man and wife and that in consequence  thereof she bring he a daughter on the that of September who he have name  Henrietta rose foreigner and after recite his marriage settlement he devise as  follow videlicet now I do by this my last will and testament give and devise  all and every the manor message land tenement and hereditament expectant on  the particular use estate and limitation abovementioned with the appurtenance  and the remainder and reversion in feesimple of the same unto my say dear  daughter Henrietta rose foreigner in case that she survive I and also live to  attain her full age of twentyone year or be marry with the free consent of her  mother if live or if after her mother death with the free consent of the  person that shall be her guardian by my appointment or her mother and he  appoint the appellant and George pain esquire joint guardian of the estate and  person of his say daughter but if his say daughter Henrietta shall die before  she shall attain twentyone or be marry with such consent as aforesaid then he  devise all his manor and land in Middlesex except a small piece of freehold  land which he devise to the appellant to his niece mrs Lydia knight and her  husband Robert knight esquire for their joint life and the life of the  survivor and after their decease to their son Henry in tail with remainder to  other child of his niece Lydia with remainder to his niece Ann Roger in tail  brown but all those devise be upon condition that the say Robert and Lydia  knight and every other person who shall possess his estate in Middlesex after  his daughter death and also his say daughter while she shall enjoy his estate  in Middlesex shall pay to Ann lady Coleraine one half part of her jointure  videlicet pound a year quarterly and shall also pay to the appellant quarterly  a annuity or rentcharge of pound ayear for her life if and so long as she  shall continue single and unmarried the first payment of both these annuity to  be make on the first of the four usual feast which shall happen next after his  death with power of entry and to receive the profit of his estate in default  of payment and if his daughter Henrietta shall die before she shall attain  twentyone or be marry with such consent as aforesaid then the testator devise  from and after the decease of his say daughter all his manor land and  hereditament in Norfolk except certain land therein particular mention of  about pound per and which he devise to the appellant at her full and absolute  disposal unto his niece Ann Roger in tail with remainder to his niece Lydia  and her husband for their joint life with other limitation over with remainder  to his own right heir but his say manor and land in Norfolk be devise upon  condition that as well his daughter Henrietta as the say Ann Roger and every  other person who after his daughter death without issue shall possess his  estate in Norfolk shall pay not only to Ann lady Coleraine one half part of  her jointure videlicet pound a year quarterly accord to his marriage  settlement but shall also pay to the appellant by four like quarterly payment  one other annuity or rentcharge of pound ayear for her life if she shall  continue unmarried the first payment to be on the first of the four most usual  feast day that shall next happen after his death and if any quarterly payment  shall be unpay for twentyone day then it shall be lawful for the appellant to  enter and receive the rend till her annuity and all charge be satisfy and the  testator further will and ordain that from his death until the say Henrietta  shall attain twentyone or be marry with such consent as aforesaid the  appellant shall receive the rend fine and profit of all his manor and land  aforesaid and that her receipt shall be a sufficient discharge for the same  but when the say Henrietta shall attain twentyone or be marry with such  consent as aforesaid then the appellant shall account with her for all money  arise from the testator manor and land and shall pay the same after deduct  pound ayear for her maintenance and for the appellant trouble in manage the  say estate unto her the say Henrietta brown er p by indenture date the that of  December Lord Coleraine in consideration of good service and faithful office  do and perform by the appellant give and grant to her one annuity or  rentcharge of pound ayear during their joint life to be issue out of all his  land in Norfolk and by the same indenture his lordship also grant to the  appellant another brown annuity or rentcharge of pound ayear to commence  immediate after his death and to continue during her natural life and to be  issue out of his land in Norfolk upon information give to the lord of the  treasury that the appellant and her daughter Henrietta rose foreigner be alien  bear their lordship be please to give direction to take care of the interest  of the crown on this occasion and several commission be accord issue under the  great seal to commissioner therein name to inquire whether the appellant and  her daughter be alien or not and if they be then to seize the land and rend  devise to they into his majesty hand but the appellant have get into her  custody all the title deed and several paper that will show the place of her  birth and have conceal the place of her own and of her daughter birth his  majesty attorney general in easter term exhibit a information in the nature of  a English bill in his majesty court of exchequer against the appellant and  other for a discovery of the respective place of the birth of her and her say  daughter and of diverse matter and circumstance relate thereto and to have the  title deed of Lord Coleraines estate bring into court and that the witness on  behalf of his majesty may be examine in perpetuan rei memory by this  information it be among other thing express charge that the appellant and her  daughter be both alien bear and particular that the appellant be the daughter  of Francis duplessis a French clergyman that she be bear in at Neufchahtel in  Switzerland that her father be bear in parish that in August and not before  she and her father mother and brother and one David imer her cousin set out  from Neuville in Switzerland to come to England and soon after arrive here and  that this be the first time she or her father ever be in England or in any of  the dominion of the crown of great Britain and that she have late receive  letter or certificate from her uncle Mr imer a clergyman at Neuville inform  her that she be bear at neufchatel aforesaid and that her father be a minister  of the gospel there and that she and her father set out from Neuville to come  to England at such time and in company with such person as aforesaid and that  she have own and acknowledge the same to diverse person the information  further charge that in the latter end of or beginning of the appellant be with  child by Lord Coleraine go with he from England to Brussels and from thence  into Germany and Italy and other foreign country and do not return into  England till September that in August she write several letter from Italy  which be in some of the other defendant custody that the appellant daughter  Henrietta be bear at gruel in Italy on the that of September and that she and  her daughter be both alien bear be by law incapable of hold any land of  inheritance or any estate or interest therein or any annuity or rentcharge  issue thereout or any brown chattel real for their own benefit but only for  the benefit of his majesty who in right of his crown and by virtue of his  royal prerogative be entitle to all such estate and interest of and in the  real estate of Lord Coleraine and all annuity and rentcharge issue thereout  which by his will be devise to the appellant and her daughter and also to the  annuity or yearly rentcharge of pound grant to the appellant by the deed of  the that of December and it be further charge that the say Henrietta rose  foreigner be on the that of December baptise at the parish church of saint  mary in Colchester and that in the entry of her baptism in the register book  of that parish it be express mention that she be bear saint September in  foreign part and not know to have receive baptism there as to so much of this  information as seek to compel the appellant to discover whether she be a alien  bear out of the liegeance of the crown of great Britain and whatever else tend  to the discovery of her be a alien or that seek to have the pretend title of  his majesty to the estate annuity or rentcharge in the information mention try  at law or that seek to have the possession of brown er p the real estate and  chattel real of the late Lord Coleraine deliver to his majesty together with  all the deed evidence and write relate thereto the appellant demurrer and for  cause of demurrer show let that the title of his majesty to the say estate if  any he have be a title mere at law without any circumstance or ingredient to  entitle he to this assistance of a court of equity dly that she be not bind to  betray her own title to the say estate or any of they and therefore his  majesty be not entitle to a discovery from her whether she be a alien bear dly  that it do not appear that his majesty have any estate in the premise in the  information mention nor can any act to be do by the court give his majesty any  estate therein and therefore his majesty be not entitle to any assistance from  the court until he have gain a estate by the ordinary course of law and as to  so much of the information as seek to compel the appellant to discover whether  the defendant Henrietta rose foreigner hare be a alien bear out of the  liegeance of the crown of great Britain and whatever else tend to such  discovery the appellant also demurrer and for cause of demurrer show that as  to the several matter last mention his majesty attorney general for and on the  behalf of his majesty may when a proper course of proceed shall he have to  assert his majesty title to the estate mention in the information to have be  devise to the say Henrietta rose foreigner and such title shall be find  examine her the say appellant to prove the same and therefore as to those  matter the attorney general or his majesty be not entitle to have any  discovery from her in any other manner this demurrer be argue in the court of  exchequer by brown counsel on both side for several day in Michaelmas term and  on the that of February follow the court give judgement and be unanimous of  opinion that the demurrer ought to be overrule and accord order that the same  shall be overrule with S cost from this order the appellant appeal and on her  behalf it be argue a Hume Campbell e starke r Ord g Perrot that every person  take by devise be in law a purchaser and the incapacity of a alien to hold a  estate which he have purchase be in the nature of a penalty upon he or a  forfeiture of his interest and by the know law of the land no man can be  examine to nor be bind to disclose what will subject he to a penalty or  forfeiture that his majesty have no title or estate in the premise at the time  the information in the exchequer be exhibit no act to be do by that court can  give he any estate therein and therefore the information be premature and the  order for overrule the demurrer ought for these reason to be reverse on behalf  of the crown it be contend d Ry Jer t Bootle that by the know law of the land  no alien bear can take by grant devise or other purchase any freehold or  chattel real for his own benefit but can and do in such case take for the  benefit of the crown that the know method of recover such estate for the crown  be by a commission under the great seal to inquire into the fact and on the  inquest find they to seize the estate into the king hand and that in order to  prove the fact on which it be find the king have the same right to a discovery  by the assistance of a court of equity as the subject have and find on the  same principle of justice videlicet that it be in general against conscience  for any one to enjoy the property of another by conceal his right in the  present case three distinct cause of demurrer be assign that his majesty title  be mere at law without any circumstance to entitle he to the assistance of  equity this if true may be a objection to the relief pray but be certain none  to the discovery and will destroy the most settle rule of a court of equity  which by daily experience compel a discovery where the relief can he have only  at law and on purpose to enable the plaintiff to recover at law that the  appellant be not bind to betray her own title but if by betray be mean  discover it take the question for grant and contradict the know general rule  if by betray be mean a particular sort of discovery in a case within some  exception to the general rule the exception shall be specify the only one  mention at the bar be the case of a fact import a crime brown or which will  subject the party to a penalty or forfeiture the exception be admit but brown  er p be not applicable to the present case here be no crime unless the be bear  in foreign dominion be so and there can be no punishment where there be no  gild no command neglect no prohibition break here be no act of parliament to  impute it as a crime with respect to the public no prohibition no condition  annex to a gift to impute it as a contravention of the private law of the  donor here be no loss no forfeiture no right to be divest for the appellant  take nothing original but for the benefit of the crown and it have be hold  that the crown may sue in equity for land vest in a subject for the benefit of  a alien that it do not appear that his majesty have any estate in the premise  nor can any act do by the court give he any estate therein but suppose the  fact of the appellant be a alien which for the present purpose be admit by the  demurrer the king have a clear right to her estate in the premise he have  likewise a clear remedy for it by commission as beforementioned this be his  legal suit for recovery and in the present case it be commence nor can there  be a reason give why this remedy the only one which the crown have shall not  be entitle to the like equitable assistance in point of discovery as other  legal remedy be but it be add further at the bar by way of objection that it  be not a vest estate in the crown till a office find to this however it may be  answer that it be a right and therefore must have a remedy and that the  discovery be connect with and part of that remedy it be at least a right to a  commission which carry along with it as a incident a right to the mean of make  that commission effectual but if it be not so certain a right as it be if it  be a bare chance possibility or belong to a infant in ventre sa mere it still  be the subject of a suit in equity and consequent of a discovery as to the  demurrer to the discovery of the infant be a alien the cause allege be that  the appellant may be a witness but she be interest also have pound ayear  dependent on the fact it be therefore hope that the order will be affirm and  the appeal dismiss after hear counsel on this appeal the follow question be  put to the judge videlicet whether the legal disability of a alien to hold  land be a penalty or forfeiture and the Lord chief justice of the common plea  have deliver the opinion of the judge in the negative it be thereupon order  and adjudge that the appeal shall be dismiss and the order of the court of  exchequer therein complain of affirm jour vol p