coke a Nevil case see show case in parliament that a dignity be not subject to  a condition at commonlaw nor entailable by the stat de gift nor barrable by  the stat of fine notwithstanding what be say in Nevil case and ibidem that few  case in that case be cite aright c see also Jon ad idem and Inst cap of  Ireland that honour can be extinguish but by Act of parliament Q Skinner note  to former edition mich James Ralph Nevil be by letter patent under the great  seal create earl of Westmoreland to he and the heir male of his body hold by  all the judge that this be a estate tail within the statute de gift for it  concern land after the death of the say Ralph Charles Nevil earl of  Westmoreland lineal heir male of the body of the say Ralph be attaint of high  treason by outlawry and by Act of parliament hold that the dignity be forfeit  by force of a condition in law tacit annex to the estate of the dignity also  it be further resolve that if it have not be forfeit by the commonlaw that by  stat Henry c the say Charles have forfeit the dignity in this term this case  by the command of the king be propound to all the judge year r Ralph Nevil  Lord of Raby be by letter patent under the great seal create earl of  Westmorland to he and the heir male of his body which Ralph by Margaret  Stafford his first wife have issue Ralph earl of coke report b er p  Westmorland to who Charles late earl of Westmorland be lineal heir male of the  body of the say Ralph the first donee and the say Ralph the first donee by  Joan daughter of John of gaunt duke of Lancaster have issue George Lord  Latimer for all his elder brother be dead without issue male from who be  lineal descend Edward Nevil who now be the near issue male to the say donee  and afterward Charles earl of Westmorland be attaint by outlawry and by  parliament of high treason and die without issue male and now the say Edward  Nevil claim to be earl of Westmorland and in this case three question be move  to all the judge of England if the say limitation of the say dignity to the  say Ralph and he heir male of his body be within the statute de gift  conditional or a feesimple conditional at the commonlaw admit that it be a  estatetail within the say statute if by the attainder of treason the  estatetail be forfeit by a condition in law tacit annex to the state of the  dignity if the estate of the dignity be forfeit by the Act of h cap or that  the say Edward Nevil as heir male of the body of the first donee ought to be  earl of Westmorland and these point be argue and debate at sergeant inn in  fleet street by the king attorney and by the counsel of the say Edward Nevil  and as to the first it be object that the say dignity be not within the  statute de gift c for diverse cause because it be a great dignity derive from  the king as the fountain of all coke b dignity and therefore it be not within  the say Act which speak only de tenement queen multotie to hand over sub  condition videlicet cum some land svan that some man c so this dignity can be  include within this word tenement or land the statute say in omnibus predict  grammatical case post offspring encourage hujusmodi to have power to make  strange c but this dignity be adherent to the blood of the donee and can not  be alien or grant neither after or before issue and therefore such case of  dignity be out of the mischief the word and intent of the maker of the Act de  good c and the opinion in Manxells case in blow Com the grant of a thing which  do not concern land or tenement nor a   light a a exerciseable in land and  tenement as a b   light a a roll b annuity which be personal be not within the  statute de gift c and it be say this dignity be personal and annex to the  blood of the donee and by consequence can not be entail within the say Act but  it be resolve by all the judge of England that a name of dignity may be entail  a Vid more v Lord Plymouth taunt sc  b more affirm on error barn et Ald a  within the say Act c roll     light a c for in the case at bar it do concern  land for he be make by the say letter patent earl of Westmorland who by the  commonlaw be a great conservator of the peace and sheriff be call viscount  because in ancient time they be as deputy to earl though now it be change and  therefore such office of dignity of any place do concern land and therefore  may be entail within the say statute as it be say in Plow Com Manxels case the  office of steward a IRoll a receiver or bailiff of such a manor may be entail  within the say statute because it be exerciseable within land e the office of  b   light a e a b marshal of England be entail h b a estatetail may be of a  forestership c   light a c e b a dignity may not only be entail at its first  creation but also a dignity which be original descendible to heir general may  be entail by parliament on the heir male of the person seize thereof see the  case of the claim to the earldom of Oxford in between Robert de veer claim  under a entail of the dignity make by a Act of parliament in r as heir male of  Aubrey de veer and Lord Willoughby of Eresby claim as heir general coll cruise  dig rd edit b the office of serjeancy or custody of the d roll   light a d  church of Nichol be entail the coke report a er p earldom of Shrewsbury be  entail to I Talbot Knt and the heir male of his body and I have see a  parliament writ in and h by which Bromstet be summon to parliament by the name  Lord e   light a e V6ey with limitation in the writ to he and the heir male of  his body and it be to be know that as in ancient time the senator of Rome be  elect a census of their revenue so here in ancient time in confer of nobility  respect be have to their revenue by which their dignity and nobility may be  support and maintain and therefore a knight ought to have f   b   light a f n  b c f land per and a baron thirteen knight fee and a quarter ail earl twenty  knight fee for there be not any duke in England from the time of the Conquest  until e and the duke of Cornwall be the first duke after the Conquest in  England and that appear by the statute of great Charta c for always the four  part of such revenue which be requisite by the law to the dignity shall be pay  to the king for g   b roll   light b b Inst e a   light a g a relief as the  relief of a knight be which I the four part of which be a knight revenue and  the relief of a baron be mark which be the four part of his revenue videlicet  mark and include thirteen coke a knight fee and a quarter and the relief of a  earl be which be the four part of which be the revenue of a earl and it appear  by the record of the exchequer that the relief a duke shall amount to h   b h  and by consequence his revenue ought to be per and and that be the reason in  our book that every one of the nobility be presume in law to have I   b style  hob more I sufficient freehold ad sustinend nomenetonus vide h h h see the  countess of Rutland case in the six part of my report vide Camd f nec dumb  hreditaria to be hc rank see conit yes cum Gulielm Normanus tjan victor top a  thing in hoc royal power administrate comites things made are feudals  hredilarii et ptlrimoniales ut in antiquity papyrus to see be de tertio  denarius comitat I who de placilis prove in eod county and every baron and  other of nobility be always create of some place c there be many title of  dignit without any place hall ms in the king and knoll ld raym Lord e I holt  say that name a place be not essential into the creation of a dignity and  mention the earldom of river as a instance but it have be hold that if the  king grant a dignity to one and the heir male of his body without name any  place the grantee shall have a fee conditional and not ail estate tail as he  will have if a place have be mention see   where this be adjudge in the case  of a baronet however though dignity and title of honour have relation to some  place be intailable by the crown as tenement within the statute de gift yet  neither the donee nor his issue can bar the entail by fine recovery or any  other mean as may be do in the case of other entailable thing see Lord purbeck  case show parliament Cas and Collins claim of bar in which it be adjudge that  the surrender of a dignity to the crown by fine be void note that in Lord  purbeck case his counsel distinguish between ancient honour as be feodary and  officiary and have relation to a place from modern dignity as be mere titular  and personal notwithstanding the formality of name a place in the creation and  from thence infer that the latter be not within the statute de gift Mr  hargrave note   Litt a Vid the argument of Lord c b Parker in Lord Ferrer case  Eden case tempt Northington p where he say I beg leave to repeat Lord  nottingham opinion that all entail honour be within the protection of the  statute de gift and consequent whether they be from a place or not they be not  forfeit by ail attainder of felony c and now to what value the say old rend in  the time of h and e at this day do amount to every one know and so it be clear  resolve that the dignity in the case in question be within the statute de gift  conditional and with this resolution agree diverse precedent and the  experience and practice always use for the earldom of Northumberland be entail  by queen mary to t Percy and the coke report b er p heir male of his body and  for default of such issue that h his brother shall be earl to he and the heir  male of his body and in that case by the attainder of t of treason h be after  his death earl of Northumberland by force of his remainder and his issue enjoy  it at this day so a Dudley be by queen Elizabeth create earl of Warwick to he  and the heir male of his body and for default of such issue that r his brother  shall be earl to he and the heir male of his body and r be create earl of l in  tail with such limitation to his brother a and many other precedent be to the  same effect as to the second point it be resolve that although this dignity be  within the statute de gift conditional yet by the attainder of a Inst Jones  lane godb sawyer argument in quo warranto a treason if the statute of h S have  not be make this dignity have be forfeit by force of a condition in law tacit  annex to the estate of the dignity for those who be earl have a office of  great trust and confidence and be create to two purpose b   b ad consulend  king tempt peace ad defendend king et father tempt pretty and therefore  antiquity have give they two ensign to resemble these two duty for their head  be adorn with a cap of honour and coronet and their body with a robe in  resemblance of counsel they be gird with a sword in resemblance that they  shall be faithful and loyal to defend their prince and country and of both  these Bracton speak lib c c   a c comites videlicet sive a comitat sive a  joint pursuit nomen sumpser who etian dicipossunt console a to meet and  consider Reges for tale Himself goes with ad to meet and consider et regend  poplar tree God to order eos in great honor et potestate et nomin coke b when  to gird to sword I swordbelt gladior by which appear these two end counsel and  defence then when such person against the duty and end of his dignity take not  only counsel but arm also against the king to destroy he and thereof be  attaint by due course of law by that he have forfeit his dignity by a  condition tacit annex to the estate of the dignity in the same manner as if  tenant in tail of ail a roll a office of trust misuse it or use it not these  be forfeiture of such office for ever by force of a condition in law tacit  annex to their estate as it be hold in e e h ass h h h blow Com Nevil case as  to the three point it be resolve by all the justice if that it have not be  forfeit by the commonlaw that by the statute of h c the say Charles have  forfeit the dignity for the word of the Act be shall lose and forfeit to the  king highness his heir and successor all such land tenement and hereditament  which any such offender shall have of any estate of inheritance in use or  possession by any right title or mean roll Rep lane godb Inst and this dignity  be a hereditament and therein the say Charles have a estate of inheritance d  in the case of a dignity descendible to heir general the attainder for treason  of any ancestor of a person claim such dignity through who the claimant must  derive his title though the person attaint be never possess of the dignity  will bar such claim for the blood of the person attaint be corrupt no title  can come through he case of the barony of Lumley coll cruise dig rd edit but  in the case of entail dignity no corruption of blood take place a dignity in  tail therefore may be claim by a son survive a father attaint for treason who  never be possess of the dignity case of John Murray claim duchy of Athol lord  journ Vol v p cruise dig rd edit a dignity create by writ and descendible to  heir general be also forfeit by attainder for felony of the person possess of  it but a entail dignity be not forfeit by attainder of felony except during  the life of the person attaint for the statute Henry c by which estate tail be  make forfeitable for high treason do not extend to attainder for felony cruise  Vid the argument of Lord c b Parker in earl Ferrer case Eden case tempt  Northington p ante note c p a corruption of blood be confine to the crime of  high and petit treason and murder and of abet procure or counsel the same g c  d and where the stat say in use or possession that be to express coke report  er p that all manner of inheritance shall be forfeit for treason and in their  judgement all inheritance be either in use or in possession for that Act do  not extend to right or title and it be necessary to add this word use for by  the commonlaw a use which be but a trust and confidence be not forfeit by  attainder of treason and when a use be express then the addition of possession  be necessary for otherwise nothing but use will be give to the king and  therefore it be resolve that a annuity of inheritance shall be forfeit by  force of this Act by attainder of treason for that be a hereditament and that  be the first general Act by which a estatetail be forfeit to the king for  treason at the commonlaw before the statute de gift conditional if land have  be give to one and the heir male of his body in that case as well the donor as  the donee have a possibility the donor of a reverter if the donee die without  issue male and the donee to have power to alien if he have issue male for if  the donee have issue a son now to some intent the condition be perform for  post offspring suscitatem he have power to make strange and the reason thereof  be because he have a feesimple and have issue his issue can not avoid the  alienation because be claim feesimple whereof his father may bar he and  although the donee and his issue also after such alienation die without issue  yet the donor who have but a possibility or condition in law and no reversion  or estate in he can not recover the land against the alienee for by the have  of issue the condition be perform as to this intent sure to make a alienation  put in the same case at the commonlaw if the donee have coke issue a son and  die yet the son have not a absolute feesimple in he but only the same power  which his father have know to alien and if such issue die without issue and  without any alienation make the land shall revert to the donor as Brian hold e  and e by Huse for a collateral heir who be not of the body of the donee be not  within the form of the gift the limitation be to the heir male of the body of  the donee which limitation of heir male of the body do exclude all collateral  heir to inherit but the policy of the law be to give power after issue to  alien for two cause one that the estate of a purchaser shall not be avoid by a  remote possibility know if the donee and his issue also shall die without  issue if he have a feesimple shall not have power after issue to alien it will  be in a manner a perpetuity and a restraint of alienation for ever which the  commonlaw for many cause will not suffer and in h formedon it be adjudge that  where land be give in frankmarriage and the donee have issue and die and  afterward the issue die without issue that his collateral heir shall not  inherit for the donor recover the land in a formedon in the reverter and in  the say case if the donee have issue two soil and die and the elder son have  issue a daughter and die without issue male the young son shall inherit a  feesimple performa gift at the commonlaw so if land be give to one and to his  heir female of his body and he have issue a son and a daughter and die the  daughter shall inherit a estate in feesimple performam gift and mark well the  statute de gift c do not create a estatetail but of such estate as be  feesimple conditional and descendible in such form at the commonlaw as now by  the statute the land shall descend and the only mischief be that the donee  after issue have power to alien in disinherison of his issue and bar of the  reversion but it do appear by the say Act that although the donee have issue  et he have not a absolute fee so that the collateral heir of the issue shall  inherit for the word of the Act be et prterea cum to withdraw exit de hujusm  feoffatis tenement such datum ad donator well ad he hred see revertor  to  withhold perform in papyrus de gift hujusm ex pressan although exitus si quis  to be obiisset per factum yet et fieoffamentum c sluice to be thus far de  reversion c e b send for but see blow b per dyer   light a   blow b b by which  it appear that if the heir in tail die without issue and without any  alienation make that the land shall revert and by consequence shall not  descend to the collateral heir e form if the donee in tail have alien before  the statute and afterward have issue and then the issue die without issue the  land shall revert for he have not power to alien at the time of the alienation  but such alienation shall bar the issue as it be adjudge in e form because he  coke report er p claim feesimple n b these rule yet hold place in case of a  grant of a annuity these rule still bold in case of a grant of annuity c    light a a roll blow to one and the heir male of his body and all other  inheritance which be not within the statute de gift conditional e see the case  of the earl of Stafford and Buckley Ves in which Lord chief justice Hardwicke  hold that a annuity in fee grant by the crown out of the per cent duty Payable  for export and import at barbados be mere a personal inheritance and not  entailable within the statute de gift accord to a manuscript note of the same  case Lord Hardwicke in give his opinion say that a annuity out of the revenue  of the postoffice or excise savour no more of the realty than money Mr  hargrave note   Litt a by letter patent car the king grant to the use of a his  heir and assign for ever a annuity of to be pay out of his revenue of per cent  at barbados and the leeward island hold that this annuity be personal property  and duly pass under a will attest by two witness by a residuary clause  bequeathe all the rest residue and remainder of a testatrixs personal estate  of what nature or kind soever to her executor aubin v Daly barn and Ald e