case paget against vossius a alien who have enjoy a pension in holland  voluntary seek refuge in England a devise make to he during his exile from his  own native country with a limitation over in case he be restore to his country  or die be good during his residence in this country without such provision as  may be consider a restoration to his own country S C Eq Abr S C lev S C vent  S C Jones S C keb S C Danv Abr a trial at the bar in ejectment in which the  jury find a special verdict the case be thus dr vossius the defendant be a  alien and a subject of the state of holland fall into disgrace there have his  pension take from he by public authority afterward he come into England and  contract a great friendship with one dr brown a prebendary of Windsor then a  war break out between England and holland and the king issue forth his  proclamation declare the say war and the Hollander to be alien enemy dr brown  be seize of the land now in question be of the value of l per and and upward  make his will in these word in write inter alian videlicet itern I give all my  manor of S with all my freehold and copyhold land c to my dear friend dr Isaac  vossius during his exile from his own native country but if it please God to  restore he to his country or take he modern out of this life then I give the  same immediate after such restoration or death to mrs Abigail Heveningham for  ever a peace be afterward conclude between England and holland whereby all  intercourse of trade between the two nation become lawful but dr vossius be  not send for over by the state nor be there any offer of kindness to he but  his pension be dispose of and give to another it be also find that the doctor  may return into his own country when he please but that he still continue in  England the question be whether he or the lessor of the plaintiff mrs  Heveningham have the better title notam dr vossius be enable to take by grant  from the king Pemberton sergeant for the lessor of the plaintiff argue that  the estate limit to the defendant be determine which depend upon the  construction of this devise he do agree that the will be obscure and the  intent of the devisor must be collect from the circumstance of the case and it  be a rule that accord to the intent of the party a will be to be interpret a  cro James a it be plain then that the devisor never intend the defendant a  estate for life absolute because it be to depend upon a limitation and the  word be express to that purpose for he devise to he during his exile c now the  question be not so much what be the genuine and proper sense and signification  of those word as what the testator intend they shall signify first therefore  the most proper signification of the word exile be a penal prohibit a person  from his native country and that be sometime by judgement or edict as in the  case of a Act of parliament and sometime it be choose to escape a great  punishment as in case of abjuration and transportation c but he do not think  that the testator take the word exile in this restrain sense for dr vossius be  never formal or solemnly banish if that shall be the sense of the word then  nothing will pass to the doctor by this will because the limitation will be  void and like to the case of a devise to a marry woman durante widowhood and  she die in the lifetime of her husband or to a woman sole during her coverture  or of a devise to a the remainder to the right heir of b and a die live b so  that this can not be his meaning Secondry modern the word exile in co mmon  parlance be take modern er p only for absence from one native country but this  be a very improper signification of the word and nothing but a calachresis can  justify it and therefore the testator can not intend it in this sense it be  too lose and inconsiderable a interpretation of the word for the judgement of  the court to depend on unless there be circumstantial proof amount almost to a  demonstration that it be thus mean but it plain appear by the follow word this  be not the meaning of the testator for it be say if it please God to restore  he to his country which show that there be some providence or other which  obstruct his return thither and so can not bare intend a voluntary absence for  if so he may have express it videlicet during his absence from his country or  till his return thither or while he shall stay in England and not in such  doubtful word three by the word exile be mean a person lie under the  displeasure of the government where he be bear or of some great person who  have a influence upon the government or have a authority over he which make he  think it convenient consider such circumstance to withdraw himself and retire  to some other place and this be a sense of the word between both the former  and even in the commonlaw we be not stranger to the acceptation of the word in  that sense there be a case omni exception major in the writ of waste which be  fecit empty de house sale de hoscis el exile de man it be in the register and  in the writ on the statute of marlebridge cap where by the help de man be mean  the hard usage of tenant or the menace of they whereby they fly from their  habitation Henry pl it be find in this case that the defendant be under the  displeasure of his governor the war break out and therefore it may not then be  safe for he to return and for that reason he may think it safe for himself to  abide here and this dr brown the testator may know which may also be the  reason of make the will but now all act of hostility be pass and so the  defendant recess be open and it have please God to restore the doctor but he  be not please to restore himself for the jury find he be not return now if a  man have a estate under such a limitation to do a thing which may be do when  it please the party in such case if be neglect or refuse to do the thing the  estate be determine Henry pl modern if I grant a man a annuity till he be  promote to a benefice and I provide a presentation for he and he will not be  institute and induct the annuity cease so shall the estate in this case  because the devisor seem to appoint it to the defendant till he may return Mr  holt contra hold that the estate be not determine but have a continuance still  in his argument be consider these four thing first whether upon dr vossius  come into England be under the displeasure of the government where he be bear  he be a exile and be hold that he be a exile which word in plainness of speech  do not only concern a person prohibit to live in his native country by Act of  state but one who leaves his country upon other occasion and Calvin the  civilian in his lexicon tell we that a exile be one who extra solum habitat  and in all the description of exile it be divide into voluntary and  involuntary plutarch and Livy use it in the sense of a voluntary leave of a  native country where it be say of Petrellus in volunlarium progress be exile  if a man leave his country upon the displeasure of the governor or fear any  danger of life or even upon the loss of his livelihood this be little  different from involuntary exile and this be the case of the defendant who  though he be not prohibit to continue in such exile yet he be disable to  return and though he be not punish for stay yet if he return he be in danger  of be starve as for the case of exile de man it make for the defendant purpose  for in Inst b it be say if tenant be impoverish that be a exile and have not  the state take away the doctor livelihood and impoverish he as much as they  can and therefore he have good cause to seek relief elsewhere now the same  cause continue still for it be not find by the special verdict that there be  any reconciliation between the state and he or that he may have his pension  again if he shall return but on the contrary that it be dispose of to another  and it be apparent that there be a great friendship between the testator and  the defendant who take notice of the circumstance of dr vossius condition at  that time which be in no sort alter from what it be at the time of the make of  the will so that by the word restore nothing else can modern er p be intend by  dr brown than when his friend shall have the favour of the state and a  comfortable subsistence in his own country second modern dr vossius be not to  be consider with any relation to the war because be come to England before the  war be proclaim neither do it appear by the special verdict that he be any  wise concern in it if a subject of England go into holland and a war break out  it be no restraint of his person if he be not active in it for he may return  as he have opportunity so to do three admit dr vossius to be concern in the  war yet the peace ensue can be no restitution of he to his country that only  extinguish the hostility between the two nation and do not restore the doctor  who during the war adhere to the king of England and so be a rebel to the  state and for that reason a peace shall not extend to pardon he fourthly admit  the doctor to be no exile then the limitation in the will be void and a void  limitation be like a void condition and then the estate be absolute in he if  it have be a condition precedent as a devise to he in case he be not a exile  that have prevent the vest of the estate but if the subsequent limitation be  impossible they must show on the other side that the estate be determine  Rainsford chief justice be clear of opinion that the estate do continue in the  defendant by this limitation until the circumstance of his case as to the  favour of the state and the offer of his pension or some competent way of  livelihood differ from what they do at the time of the make of the will and it  do not appear that there be any alteration of his condition nor any  expectation of a pension from the state now more than he have at that time  whereupon in Michaelmas term follow judgement be give for the defendant  vossius by the opinion of the whole court of king bench