bishop OF durham case a grantee of the forfeiture of traitor before e be not  affect by that statute which be only explanatory of the king right to they  Norby h c on account of the five section save the right of stranger except in  those forfeiture which be make such by that statute and for new treason create  since the grant he have no right to the forfeiture neither e c nor mark c  repeal h c as to forfeiture for old treason a man have jura regalia before the  time of king Edward and the escheat and forfeiture of land of traitor holder  of he within a certain precinct and afterward by statute of the e tst c make  for explanation of treason it be declare that the forfeiture and escheat in  such case of treason belong to the king as well of land hold of he as of land  hold of other and there be no save to any person whether by this statute the  escheat and forfeiture of traitor be take from the say Lord or note and by the  opinion of all the justice and chief baron in the next term except Carus the  escheat c be not resume from the Lord who have such escheat c by the say  statute for this be only a declaration of treason at commonlaw which be make  by the king at the request of the lord and Commons in parliament and the  forfeiture there express be not give to the king by the act but declare to  belong to the king c which be more than be necessary c also by the statute of  the year h S c and by e c it be enact that every offender be convict or outlaw  of any manner of high treason shall lose and forfeit to dyer the king his heir  and successor all the land and tenement that any such offender shall have of  any estate of inheritance in use or in possession by any right title or mean  at the time of the treason commit or any time after c save to every person and  person their heir and successor other than the offender their heir and  successor c all such right title interest possession lease rend ounce and  other profit which they shall have at the day of the commit such treason or  any time before in such ample manner as if the say act have not be macle  whether by this statute the escheat and forfeiture for treason be take from he  who have jar regalia as well of land in feesimple as in tail note by the first  part of this act slanderous word of the prince as infidel schismatic usurper c  and also the rebellious hold of castle or fort or the king ship be make  treason and these and all other former create treason commit out of the realm  be punishable by indictment and process of outlawry as other treason commit  within the realm be also the clause in the say act of forfeiture be general  for all manner of treason and the forfeiture of land mention therein be limit  to the king his heir and successor of any estate of inheritance and in  whatever right such offender hold those land and it must be understand that  these word S to the king his heir dyer b er p and successor be not void and  superfluous for the forfeiture of land in feesimple and for ancient treason  which be treason by the commonlaw at and before Edward because the law say as  much before for such treason draw after it the forfeiture and escheat to the  Lord the king de mero jure and in a assembly of all the justice and the chief  baron it be hold by all the justice of both bench and the chief baron except  Harper justice that the act of h as far as relate to the treason at commonlaw  remain unrepealed by e c and mark c and for the escheat and forfeiture of land  in tail or of land in right of church and monastery the party who lath Jura  regalia hic shall not have advantage thereof because the king himself can not  by law have the forfeiture of they before the statute and also the tenant in  tail hold of his donor and not of the Lord c and also for new treason make  since the grant of the say prerogative the patentee shall not have the  forfeiture hic but for feesimple land the save of the act will serve the Lord  by five judge Harper Carus Welsh sander chief baron and dyer but Southcot  Weston Whiddon and Catlin chief justice e contra