case brown against wait if a statute enact that all manor message land  tenement possession reversion remainder right interest c and other thing of  what nature soever shall be forfeit on a attainder of high treason land in  tail be forfeit for they shall be include in the general word other thing of  what nature soever S c lev S C Jones S C vent S C Pollexf S c keb upon a  special verdict in ejectment the case be thus sir John Danvers the father of  the lessor of the plaintiff be in the year tenant in tail of the land now in  question and be afterward instrumental in bring the late king Charles to death  and so be guilty of high treason and die afterward the Act of pain and penalty  make car c enact that all the land tenement and hereditament which sir John  Danvers have the that day of march in the year or at any time since shall be  forfeit to the king b so adjudge in king v Twisleton lev side keb and in king  v Lord Ossulstone strange andr but in king v Marnott Mod holt chief justice  say it be not a offence at commonlaw note to the four edition modern er p the  question be whether these entail land shall be forfeit to the king by force of  this Act Wallop who argue jour the plaintiff say that the entail land be not  forfeit his reason be modern first these land entail be not express name in  that Act secondl tenant in zail have but a estate for life in his land and  therefore by these word all his land those which be entail can be intend for  if he grant totum slatum suum only a estate for life passes three these land  be not forfeit by the statute of Henry c which give the forfeiture of entail  land in case of treason because sir John Danvers be not convict of it by  process presentiment confession verdict or outlawry which that statute do  require for he die before any such conviction sir Francis winnington the king  solicitor argue contra that entail land be forfeit by the Act of pain and  penalty and in speak to this matter he consider first the word of that Act and  second how estatestail be create and how forfeitable by treason first this Act  recite the Act of general pardon which do not intend to discharge the land of  sir John Danvers and other from a forfeiture it recite that he be guilty of  high treason then come the enact clause videlicet that all the land tenement  right interest office annuity and all other hereditament lease chattel and  other thing of what nature soever of he the say sir John Danvers and other  which they have on the that of march or at any time since shall be forfeit to  the king his heir and successors  Secondly as to the creation of intails there  be no such estate at the commonlaw they be all feesimple conditional and post  offspring encourage the condition be perform for three purpose videlicet to  alien   light a Inst to forfeit or to charge with a rend and thus the law  continue till Edward I and there have be frequent war between king John and  the baron the great man then obtain the statute de gift to preserve their  estate lest the like occasion shall happen again in which it be only mention  that the tenant in tail shall not have power to alien but it be well know that  if he can not alien be can not forfeit for before that statute as he may alien  post offspring encourage so the judge always construe that he may forfeit  Edward for forfeiture modern and alienation do always go band in hand    mildmay case and from the make of that statute it always continue a settle and  receive opinion that tenant in tail can not alien until by the twelve year of  Edward the four a recovery come in by which the estatetail may be dock and  which be now become a common assurance then by the statute of Henry c tenant  in tail may bar his issue by flne and proclamation and all this while it be  not think that such land can be forfeit for treason which opinion continue  during all the reign of Henry the seven for though by his marriage the house  of York and Lancaster be unite yet the great man in those day think there may  be some doubt about the succession after the death of Henry the seven if he  shall die without issue and thereby those difference may be again revive and  therefore no endeavour be use to make any alteration in the law till after the  death of Henry the seven and after his son Henry the eight have issue those  doubt be remove and be never likely to rise again then the Act of Henry c be  make which give a forfeiture of entail land in case of treason the inference  from this will be that all the case put before the twentysixth year of Henry  the eight and so before entail land be make forfeitable for treason and where  by the general word of land tenement and hereditament it be adjudge entail  land do not pass do not concern this case but now since they be make  forfeitable by that statute such general word be sufficient to serve the turn  by the statute of Richard c entail land be not forfeit in a praemunire but  during the life of tenant in tail because they be not then to be forfeit for  treason   light if then it appear that the crime of which sir John Danvers be  guilty be treason and if entail land be forfeit for treason then when the Act  say that he shall forfeit all his land by those general word his entail land  shall be forfeit and though by the commonlaw there call be no attainder in  this case the party be dead yet by Act of parliament that may be do and the  word in this Act amount to a attainder the intent of it wonder S to forfei  estate tail which may be collect from the general word for if a feesimple  modern er p be forfeit though not name why not a estatetail especial since the  word hereditament be very comprehensive and may take in both those estate  spelman glossary roll Rep modern in the very Act of Henry c estatestail be not  nayned for the word be every offender convict of treason c shall forfeit all  such land tenement and hereditament which he shall have of any estate of  inheritance in use possession or by any right title or mean c and yet a  construction have be make thereupon in favour of the crown so a dignity of a  earldom entail be forfeitable by this statute by the word hereditament    Rainsford chief justice afterward in Hilary term deliver the opinion of the  court that upon construction of the Act of pain and penalty this estatetail be  forfeit to the king he agree the series and progress of estatestail to have be  as argue by the solicitor and that the question now be whether by the Act of  pain c estatestail can be forfeit unless there be express word to take away  the force of the statute de good conditional for by that statute there be a  settle perpetuity tenant in tail can neither forfeit or alien his estate no  not in case of treason and forfeiture be a kind of alienation but afterward by  the resolution in the time of Edward the four a alienation by a common  recovery be construe to be out of the say statute and by the statute of fine  Henry c which be expound by a subsequent statute of Henry c tenant in tail  notwithstanding his former restraint have power to alien the estatetail and  bar his issue but all this while his estate be not to be forfeit for treason  till the statute of Henry c which give use right entry condition as well as  possession reversion remainder and all other thing of a person attaint of  treason by the common or statute law of the realm to the king as if such  attainder have be by Act of parliament then by the statute of Edward c ill it  be enact that a offender be guilty of high treason and lawful convict shall  forfeit to the king all such land tenement and hereditament which he shall  have of any estate of inheritance in his own right in use or possession by  which statute that of de gift conditional be take off in case of treason as it  have be before by the resolution in the twelve year of Edward the four and by  the statute of fine as to the alienation of a estatetail by fine and recovery  if therefore this Act of pain c will admit of such a construction as to make  estatestail forfeit here be a crime great modern enough to deserve such a  great punishment a crime for which the parliament have order a anniversary to  be keep for ever with fast and humiliation to implore that the gild of that  innocent blood then shed may not be require of our posterity this they esteem  as another kind of original sin which unless thus expiate may extend not only  ad born send who to be born ab strike against and that this Act will admit of  such a construction these reason be give first from the general comprehensive  word mention those thing which be to be forfeit videlicet message land  tenement reversion and interest which last word signify the estate in the land  as well as the land itself or otherwise the word must be construe to have no  effect second estatestail be not now protect by the clause in the statute de  gift non to have power to make strange but be subject to the forfeiture by the  Act of Henry c which though it extend to attainder only yet it be a good rule  for the judge to make a construction of a Act of parliament by especial in  such a case as this wherein it be plain that the law do look upon these  offender if not attaint yet in acquire step with such person and therefore may  be a good warrant to make the like construction as in case of attainder three  because the offender be dead for have they be live there may have be better  reason to have construe this Act not to extend to estatestail because then  something may be forfeit videlicet a estate for life and therefore the Act  will signify very little if such construction can not be make of it to reach  estatestail of such person who be dead at the time of the make the law  especial since it be well know that when man engage in such crime they give  what protection they can to their estate and place they as far as they can out  of danger fourthly it appear by the Act that the lawmaker do not intend that  the child of such offender shall have any benefit of their estate because in  the pro modern er p look there be a save of all estate of purchaser for money  good fide pay and therein also a particular exception of the wife and child  and heir of the offender and if the Act will not protect the estate of the  child though they shall be purchaser for a valuable consideration it will  never protect their estate under a voluntary conveyance make by the ancestor  especial in this case because the entail carry a suspicion with it that it be  design with a prospect to commit this crime for sir John Danvers be modern  tenant in tail before and in the year levy a fine to bar that entail and then  limit a new estatetail to himself in which there be a provision to make lease  for any number of year upon what life soever in possession or reversion with  rend or without it and this be but the year before the crime commit five the  proviso in the Act for save the estate of purchaser do protect all conveyance  and assurance c of land not be the land of the late king queen prince c and  not be land sell for any pretend delinquency since the first of June and all  statute and judgement suffer by the offender from be impeach from which it  appear that the parliament look upon entail land as forfeit for if estate make  to other upon a valuable consideration have need of a proviso to save they  from forfeiture a strong the estate out of which those be derive have need of  such a save and therefore must be forfeit by the Act for which reason these  land be forfeit as to the great objection which have be make and insist on the  other side and which be trudgeons case Elizabeth   light where tenant in tail  be attaint in a praemunire and it be adjudge that he shall forfeit his land  but during his life for though the statute of Richard c enact that in such  case their land tenement good and chattel shall be forfeit to the king yet  that must be understand of such a estate as he may lawful forfeit and that be  during his own life and therefore be general word they do not take away the  force of the statute de gift so that his land in feesimple for life c shall be  forfeit but the land entail shall not during his life the answer be plain for  in the reign of Richard the second when the statute of Preemunire be make  estatestail be under a perpetuity by the say statute de gift which statute be  now much weaken in the point of alienation and the law be quite alter since  that time and it be apparent by multitude of precedent that such strict  construction have not be make since that time to preserve estatestail from  forfeiture without special and particular word and therefore in the case of  Adam v Lambert which be a case in point the judge there construe estatestail  to be forfeit for want of special word in the statute of Edward c to save it  and that be only a law make for suppress of superstitious use upon a politic  consideration but this be a much great offence intend to be punish by this Act  in which there be demonstration both from modern the word and intent of the  lawmaker to make this estate forfeit to the crown than in that case so much  rely on and judgement be give accord wile justice die before judgement be give  but Twisden justice say he be of that opinion and Jones justice concur