ccclxiv the queen and BRAYBROOKS case the queen bring a writ of error against  Braybrook the case be this that king Edward be seize of the manor of Marston  and give the same to Lionel Lord Norris and a m and the heir of the body of  the lord the remainder to h Norris in tail l and a entermarri l suffer a  common recovery against himself only without name the say a Henry Norris be  attaint of high treason by Act of parliament and by the same Act all his land  tenement hereditament right condition c the day of the treason commit or ever  after c Henry Norris be execute Lionel die without issue the queen falsify the  say recovery for one moiety by to know facias because whether who be  jointtenant with Lionel be not name party to the say recovery and afterward  the queen grant to the Lord Norris son of the say Henry Norris manor suum de  Merston in all respects jura in eoden and now upon the say recovery the queen  bring a writ of error and it be argue by Egerton the queen solicitor that this  right to a writ of error be such a right as be transfer to the queen by the  Act of parliament for the word be in all respects jura svan whoever and here  be a right although not a present Leonard right yet a right although in going  to be so it be a right of some quality as a tenant in tail the remainder in  tail to b a make a feoff in fee b be attaint of high treason and by such Act  all his land c give to the king a die without issue the queen shall have a  formedon in the remainder and although the queen have grant to the Lord  Leonard er p Norris manor suum de Merston in all respects jura in eoden yet by  such general word a writ of error do not pass which see h Br patent and also  this action rest in privity of record and can be displace from thence but by  Act of parliament see Br choose in action h for when the king will grant a  thing in action he ought in his patent to recite all the circumstance of the  matter as the right and how it become a right and because the queen here do  not make mention of this right as of the entail the recovery and the attainder  for that cause the right do not pass the case betwixt Cromer and Cranmer  Elizabeth the disseizee be attaint of treason the queen grant to the heir of  the disseizee all the right which come unto her by the attainder of his  ancestor nothing pass causan how above and always where the king grant any  thing which he can grant but as king that such a grant without special word be  to no purpose coke contrary he agree the case put by Egerton for at the time  of the attainder b have a right of remainder but in our case Henry Norris have  not any right but a possibility of a right of action I e a writ of error and  he say that this writ of error be not forfeitable for it be a action which  rest in privity no more than a condition in gross as a feoff in fee be make  upon condition of the party of the feoff who be attaint ut above this word  right in the Act of attainder shall not transfer this condition to the queen  and of the Act of attainder to Henry Norris it be to be conceive that the  maker of the Act do not intend that by the word right every right of any  manner or quality whatsoever shall pass to carry a condition to the queen and  therefore we ought to conceive that the maker of the Act do not intend to  touch right which rest in privity and as to the grant of the queen to the Lord  Norris of the manor of Merston et in all respects jura svan in eoden he  conceive that thereby the right of the writ of error do pass for it be not  like cranmres case but if in the say case the land it self have be set down in  the grant it have be good enough as that Cranmer be seize in fee of the manor  of d be thereof seize and so be seize be attaint of high treason now the queen  grant to his heir totan law saum in his manor of d c and so in our case the  queen have grant to the Lord Norris manor suum de Merston in all respects jura  svan in eoden c at another day it be move by Plowden that this right of writ  of error be not transfer to the queen by the Act but such right may be save to  a stranger c the word of the Act be in all respects jura svan and this word  svan be pronomen possession by which it be to be conceive that no right shall  pass but that which be a present right as a right in possession but this right  to a writ of error be not in Henry Norris at the time of his attainder but it  be whole in he against who the erroneous judgement be have and therefore if in  a praecipe quod To give back the tenant vouch and lose and judgement be give  and before execution the tenant be attaint by Act of parliament by word ut  above and afterward he be pardon the demandant sue for execution against the  tenant now notwithstanding this attainder the tenant may sue execution against  the vouchee and afterward Wray chief justice open declare in court the opinion  of himself and all his companion justice and also of all the other justice to  be that by this Act of parliament by which all land tenement hereditament and  all right of any manner and quality whatsoever Henry Norris have the day of  his attainder or ever after Lionel then be alive and overliving the say Henry  Norris Leonard that this writ of error be not transfer to the queen and that  the say Act by the word aforesaid can not convey to the king this possibility  of right for at the time of the attainder the right of the writ of error be in  Lionel and Henry during the estate tail limit to Lionel have not to do with  the land nor any matter concern it and judgement be give accord and it be hold  that he in the reversion or remainder upon a estate tail may have a writ of  error by the commonlaw upon a rectory have against tenant in tail in reversion    c Leonard er p