case XXVI Elizabeth dyer condition copyhold custom incident entry congeable        a   a   a I Inst b the earl of Arundel be seize in fee of the manor of  Haselbier in the county of Dorset of which manor diverse copyhold be parcel  grant one of the copyhold to one Meryfield for life and the custom there be  that the widow of such copyholder shall have it for her life afterward the  earl convey the say manor to a earl of Northumberland and to the heir male of  his body the remainder to Henry his brother of the like estate with a proviso  that if the say a or Henry his brother or any heir male of their body shall  alien or discontinue the say manor or aliquan parten ind or to some degree to  make direct or indirect so that the say manor shall not revert to the say earl  of Arundel that then the donor and his heir may enter as if the say donee  respective have die without heir male of their body afterward the earl of  Northumberland take wife afterward Meryfield die and his wife have his estate  and the earl of Northumberland grant the say copyhold which the say widow hold  to one Langer for life the custom there allow such grant of copyhold in  reversion afterward the earl of Northumberland commit treason and be attaint  of it and die without issue male the wife of Meryfield die the earl of Arundel  Jenkins er p enter Langer enter upon he the earlbrings trespass against Langer  judge against the earl by the judge of both bench upon a special verdict find  of this case the special verdict find the say matter and also the statute of h  cap which give the forfeiture of estatestail for treason but it give no entry  to a stranger who have right and it find also the statute of h cap which vest  in the king the actual possession of land of person attaint of treason without  office find and give a entry to stranger who have right Jenkins resolve in  this case saint that if a manor where there be copyhold be grant to a upon  condition and a before or after the condition break grant a copyhold before  entry for the condition break that the grantor shall not avoid this copyhold  for the copyholder be in by dominus pro tempore and paramount the grant a  condition annex to a estatetail that the donee shall not marry be void for  without marriage he can have a heir of his body it be otherwise of a fee pass  upon such condition for the collateral heir may inherit a condition that the  wife of tenant in tail shall not have dower be a void condition so that tenant  in tail shall not make a lease for life or year reserve the ancient rend or  that he shall not suffer a recovery these be void condition because repugnant  to the estate as a grant of a manor except the court or profit of the court  this be void for the court be incident to and a essential part of a manor a  condition annex to any particularestate as for year life or in tail that he  shall not commit felony treason or any treasonable act be good that the tenant  in tail shall not discontinue the estatetail that he shall not levy a fine of  it sur conusans de law come Ceo be a good condition for it restrain the  discontinuance of the reversion which be a wrong the attainder of the earl of  Northumberland in the principal case be not a breach of the proviso for upon  his death without issue male the king estate be end and the donor may enter  neither be his take wife nor his grant the reversion of the say copyhold a  breach of the condition the last of these be warrant by the custom a condition  that the donee in tail shall not commit treason be a good condition but a  indictment of treason will not give the forfeiture without a attainder for the  indictment do not prove that he commit treason a indictment be only a  accusation a attainder be the proof that he commit treason