case gauge case the penalty for recusancy shall not he discharge by the profit  of the land seize by force of Elizabeth c for they be a pledge till it be pay  by other mean a roll palmer W Jones hawk p c ch S memorandum upon a order  enter in the exchequer that may recite that two part of land of Thomas gage a  recusant be seize into the queen hand for nonpayment of per month and he be  dead Thomas gage his heir suggest that part of that debt due by his father be  levy of the two part of the land and that he have pay the residue thereof  since his father decease and thereupon obtain the order abovementioned surmise  that other precedent be in the same manner in court that part of the debt be  discharge with the profit of the land croak Elizabeth videlicet of the two  part and the residue be pay in that the debt be entire discharge and that the  heir shall have his land again hereupon complaint be make betwixt Felton and  grey and refer to the chief justice and to periam chief baron to certify their  opinion therein they resolve that this order be not warrant by the law and be  against the statute a for the queen shall have the two part forfeit for  recusancy as a pledge and a nomin pxnce and the profit thereof shall not he  account to go to the payment of any part of the debt but shall he retain until  the debt of by the month shall he satisfy in some other manner and so they  deliver their opinion under their hand and periam say that the law have be  take to he so upon former conference among the justice and that he be not  privy to the enter of this order a see asions case and villet v Parkherst in  the margin of dyer b where l c I Trebv savs it be decide accord in b r mich  Elizabeth a but now by James c S the profit of the land shall go towards the  satisfaction of the twenty pound a Elizabeth c S croak Elizabeth er p note  also that at the same time it be question whether if a recusant tenant in tail  do not pay his for the month and two part of his entail land he seize for that  cause and he afterward die whether his issue in tail shall have the land out  of the queen hand before that debt he satisfy and the say justice conceive  that he shall not but that he ought to be charge with the say debt say to  waver in opinion croak Elizabeth michaelmas term and Elizabeth in the queen  bench sir John Popham Knt chief justice sir Francis gawdy Knt sir Edward  Fenner Knt sir John Clench Knt justice sir Edward coke Knt attorneygeneral sir  Thomas Fleming Knt solicitor general