brown and wait treason trespass on lease of manor of dancy on devise of dancy  special verdict find Lord Danby seize car who covenant to stand seize to  several use deter Keble er p i the remainder to sir John Danvers in tail and  after levy a fine with power to make lease that sir John Danvers die seize and  the lessor of the plaintiff be his son and heir and that by virtue of car cap  the king be seize and give to the duke of York who assign to the defendant and  levins for the plaintiff the power to make lease can be now in question  whether forfeit or not because the king have make no lease and this Act give  no forfeiture of any estate tail right interest Keble and condition not affect  this case sir John Danvers be in actual possession in which case land tenement  and hereditament be as large in extent as interest and right and on Edward  stat cap escheat of land and tenement to be to the king his heir and successor  yet until h cap non ever forfeit estate tail for treason so r cap stat and  also Edward cap r cap of praemunire and also Edward stat cap of forestal wine  all which have as large word as the case in question yet in Inst trudgeons  case   b it be adjudge land in tail be not forfeit forfeit Br and I Inst tail  be forfeitable until h cap and here be no attainder of sir John Danvers as  there be in the case of praemunire in which case until Elizabeth cap any man  may kill they but there be only pain and penalty give on the estate and on  Henry eight cap sect its any estate of inheritance whatsoever which be the  first word that include estate tail and h cap add right and condition and vest  all in the king without office but enlarge not the estate Edward pi Com upon  attainder of Lord Lovel h his estate tail be special mention and the  parliament do intend degree of punishment in those that be regicide some  whereof be attaint and some not and the defendant be not in by the fine of sir  I Danvers after march to the use of himself in tail this let we in no  forfeiture nor be not like the case of a fine by issue in tail of land charge  because there the land be charge and only avoidable by W cap but if here have  be a attainder it have be as a warranty or charge precedent to this new estate  but this forfeiture be give after de to make new and alter not the dissent or  blood of the issue but be as a subsequent gift by the parliament which can  carry neither of the estate tail and the instantaneous intend fee be only in  supposition of law which be not regard by parliament no more than the  commonlaw I Inst and therefore dower shall not be of seize of a infant h a Cr  on feoff for another life by tenant for life or on feoff by tenant in special  tail sir I king for the defendant that tail may be forfeit by general word by  the same rule that it be so create by W cap and the general word of car cap do  as well include tail as the word alienation in W cap also h cap have only  general word and in car cap Keble all interest and hereditament be word that  include the forfeiture of estate tail estate and interest be of the same  import and this must be intend of fee because there be particular word as to  chattel and the word hereditament of what nature soever be as much as to say  any estate of inheritance whatsoever and it appear the Act intend to forfeit a  estate tail call they person attaint and this have the same word as car cap  which do forfeit estate tail by attainder and there be no other save pl coin  the most beneficial construe cion for the forfeiture shall be for the king and  without this many clause will be idle as that forfeit the land and notice be  take of the death of sir I Danvers which difference this from trudgeons case  where there may be some benefit during the life of the offender also the  statute of praemunire be not so comprehensive as this which be not only a gift  of all hereditament but roll of all land tenement and other   Adam and  lamberts case hereditament whatsoever which be intend of all other estate in  the manor land tenement c before give though the tail be not forfeit yet the  fine in car do let in the forfeiture as   of a rend and Poph of a statute  well known per tenant in tail for a forfeiture be a alienation and this may be  make good by a fine and a forfeiture be call a alienation in pi Com and so  restrain by W cap therefore be as well vest as if it have be before march  whither the forfeiture relate as a office to a attainder to put the king in  actual possession in which case Edward the king be let in by the fine as well  as to avoid a remitter for if the king tenant attaint of felony levy a fine  the whole estate be Keble er p forfeit Inst b and if the forfeiture relate  only to the crime commit yet it will subject the estate pl Com Inst to avoid  mesne encumbrance or act as on h cap if tenant in tail be attaint dyer Austens  case the tail may be say determine or not as in   Doutyes case for the king  advantage also the estate of the conusee of the fine be forfeit within car cap  Deux be seize in feesimple to the use of sir I Danvers in tail and more pl  pyms case agree the like though this be but a instantaneous possession and for  the benefit of another as in hob sheffields case and Cr Newmans case and   sir  Francis Englefields case the use of the fee be for benefit of sir I d Twisden  say its Keble plain bad be be attaint he shall forfeit and here the statute  take notice he be guilty of treason and by wile justice a member of that  parliament all the favour of the parliament be as to the life of the offender  not as to his estate but per curian this fine will never let in any forfeiture  unless the estate tail be forfeit by the general word the instantanious  possession can be forfeit also the treason relate only to and the fine be  precedent and its only the penalty that relate to time precedent but  adjornatur