brown and wait ante Monday November treason Rainsford chief justice deliver  the opinion of the court be all agree that the estate tail be forfeit by car  cap the ground of the doubt arise because before W cap it be fee conditional  forfeitable or to be charge post prelim encourage and that Finis Self jure  Keble sit nullus a perpetuity be settle so that the tenant in tail can not  forfeit but perpetuity be never favour but endeavour to be suppress and Edward  Colthorps case tenant in tail bad power to suffer recovery by implicit  exception of this kind of conveyance and h cap and on h cap tenant in tail  have power to bar issue by fine yet can not forfeit until h cap which be only  in case of attainder but since h cap and Edward cap the forfeiture be make in  case of treason to subject the entail as by fine whence for the time allege in  this statute car cap on which car cap a perpetual brand be set to all  posterity born to be born c and be natural be to be expound large against the  offender and this be comprehend within the word other thing that refer to the  land and so include tail tail be now subject to forfeiture and to be direct in  case of treason by h cap these person be look on in acquire step with person  attaint as by S appear in car cap also the offender be dead so there can be no  benefit of forfeiture to the crown during their life and so will make great  noise without effect unless such a construction as this be make it appear by  car cap that it be intend the child of the offender shall have no benefit the  wife child and heir of the offender be except S and this entail be suspicious  to be make with prospect to this fact there be a former entail and a new fine  levy by the offender which reserve power to make lease for any number Keble er  p of year determinable on any life with rend or without in car cap S all  conveyance by the offender for value be save and hereby fine be include  whereby tail be look on as forfeitable hereby and the derivative estate must  needs be forfeit by this proviso to save purchaser the great objection Inst  trudgeons case be but of general word that take not away the statute of Edward  cap and at this time tail be under the protection of the statute of W cap and  not forfeitable and be on statute before Edward but since entail be weaken and  by late statute the law be alter and the perpetuity be take off which be not  so r cap and in   Adam and lamberts case tail be hold forfeit by Edward cap by  general word to maintain a priest forever because the intent be to forfeit  forever and be to root out superstitious use and the word of forfeiture in car  cap be large and superstitious use be not so great a offence in our law as  Keble this of treason and upon construction of car cap the intent appear more  clear to forfeit the tail therefore without particular word construction may  be fair make to forfeit the entail but as to the second point they consider it  not come not under debate and judgement for the defendant