brown versus wait lev pollexfen Jones c raym Mod keb show see sal in ejectment  the case upon a special verdict be to this effect sir John Danvers be seize of  the land c in tail with the fee expectant year and in levy a fine to the same  use as he be before seize save that a power be reserve to make lease for any  number of year and without reserve any rend sir John Danvers do after become  guilty of treason in murder of king Charles the first in and die in in car cap  the statute common call the statute of pain and penalty enact that sundry of  the offender in that execrable treason of which sir I d be one shall among  other penalty there inflict forfeit all their land tenement and hereditament  lease for year chattel real and interest of what nature or quality soever see  the Act of the that of this king the land be by patent grant to the duke of  York who let they to the defendant and John Danvers heir of sir John Danvers  enter and make the lease to the plaintiff it have be several time argue at the  bar and this term judgement be give by the court for the defendant and  Rainsford chief justice deliver the opinion of the court and the reason for  himself Twisden wile and Jones as follow the question be whether a estatetail  be forfeit by the word of the Act of car it be observe that all estate be  feesimple at the commonlaw and forfeitable W the d de gift be the first  statute that protect estatestail from alienation and from all forfeiture of  all kind and so continue until e Taltarums case from which time common  recovery have be hold not to be restrain by the statute de gift and by the way  it must be consider that perpetuity be never favour then come the statute of h  of fine which with the explanation of h have be always resolve to bar the  issue in tail so as to alienation estatestail be set free but be not  forfeitable no not for treason until h by which they become subject to  forfeiture in case of treason and so by e but it be true these statute extend  only to attainder and h vest the land c in the king possession without office  thus have consider the history and progress of estatestail the reason why such  a estate shall be construe to be forfeit upon this Act of car be these Ventris  first the crime mention be of the same nature and with the same aggravation as  in car by which the offender be attaint of treason c for they be call  perpetrator of that execrable treason with many expression to the like effect  which be look upon as a offence of that heinous nature that the same  parliament enact a anniversary humiliation throughout the whole kingdom to be  perpetual observe upon the account of it as if not only they that act it but  the whole kingdom and their posterity like to another original sin be involve  in the gild of it born to be born who to be born ab strike against and  therefore the punishment shall not be mitigate in any other manner than be  express provide by that Act second it be prove by the generality and  comprehension of the word which be make use of videlicet possession right  hereditament of what nature soever interest which do as well signify the  estate in the thing as that wherein the estate be which can have no effect if  not extend to estatestail we must observe also that at the make of this Act  entail land be not protect from forfeiture and though h extend only to case  where the offender be attaint yet it be of good direction to the judge in case  of like nature and it be plain that by this Act of car the offender be look  upon in acquire step with these attaint for when the proviso come to save the  estate of stranger c in trust for who the offender be seize it be say  notwithstanding any of the conviction or attainder aforesaid Ventris er p  three it be to be observe that the Act take notice that diverse of the  offender include in this Act be dead now in regard most land be know to be  entail if the Act have not intend such estate to be forfeit it will signify  nothing indeed if the offender have be alive it may have be somewhat satisfy  with the forfeiture during their life but as the case be it shall be of no  effect at all after make a great noise of forfeiture and confiscation the Act  will have be but a gun charge only with powder or as in the fable to desire to  bring forth montes c fourthly it be manifest that the parliament do not intend  that the child or heir of the person within the penalty of the Act shall have  any benefit of their estate for in the save which be make for purchaser upon  valuable consideration the wife child and heir of the offender be except then  sure if they will bar they of the benefit of their purchase a strong from  inherit to a estate tail especial of a voluntary entail that seem to be make  with a prospect of this treason which be perpetrate a year after and such a  entail as scarce the like be ever see before that a power shall be reserve  Ventris to make lease for any number of year and without reservation of any  rend by which it be manifest that sir John Danvers that commit the treason be  full master of the estate again all conveyance be avoid by the Act unless such  as be upon valuable consideration which this fine be not the great case which  have be insist upon by way of objection be trudgeons case   Litt Estatestail  be not forfeit upon the statute of praemunire but during the offender life for  answer to that it must be observe that that forfeiture be upon the statute of  r at which time estatestail be under the protection of the statute de gift but  since that time the judge have not be so strict in expound statute concern  estatestail as appear by Adam and Lambert case   that a estatetail give for a  superstitious use be within the statute of e cap where the word be general and  not so large as in our case nor so much to demonstrate the intent as in our  Act to extend to estatestail wherefore judgement be give for the defendant  note they that argue for the defendant endeavour to maintain that if it shall  be admit that entail be not forfeit by the Act yet the estate of sir John  Danvers in those land will be forfeit in regard he levy a fine in and the Act  of car extend to all land c whereof the party therein mention be seize c since  and he be tenant in tail and levy of a fine there be a instantaneous fee in he  out of which the new estatetail be suppose to be create and that can hold be  derive out of a fee subject to the forfeiture by relation but this point be  not touch by the judge for that they be full agree upon the other point this  judgement be affirm in the exchequer and afterward in the house of lord lev