coke ford and sheldon case pasch James Reg in the exchequerchamber f be  recusant before stat Eliz and for money lend to S some part before and some  after Elizabeth take a recognizance in the name of other and also a grant of a  rentcharge to they in fee with condition of redemption by deed indent the  condition of the recognizance be for performance of covenant in the indenture  afterward by stat Elizabeth it be enact if default of payment be make in  payment of a month that so often the queen by process out of the exchequer may  take and enjoy all the good c after the say Act f lend several sum of money to  S and for assurance take a rentcharge and several recognizance in the name of  other to perform covenant as before but for his own use and to be at his own  disposal and the recognizance c be forfeit afterward f be convict of recusancy  and do not pay a month resolve in a Act of parliament personal action be  include in the word good as well as good in possession by the general grant of  the king thing in action do not pass for as coke report er p only the king may  grant they by his prerogative they will not pass without special word the  recognizance as well as the annuity be make for payment of money and when the  recognizance be forfeit they be but chattel personal it shall be intend that f  take these recognizance in the name of other with a intent to prevent the king  from levy the forfeiture although one of the recognizance be take before  Elizabeth and although f be not convict till after it be not material for at  all time before that he be subject to a forfeiture for his recusancy I hawk c  saint Elizabeth c   hob Leon post in a information in the exchequerchamber for  the king against Thomas ford Esq Ralph Sheldon Esq and diverse other the case  be thus Thomas ford be before the statute of Elizabeth a recusant and for  money lend to Sheldon some before Elizabeth and some after take a recognizance  in the name of the other defendant and take also a grant of a rentcharge to  they in fee with condition of redemption by deed indent and the recognizance  be condition for performance of covenant in the say indenture and afterward  the statute of the Elizabeth be make by which it be enact that if default of  payment be make in any part of payment videlicet of for every month c that  then and so often the queen majesty by process out of the exchequer may take  seize and enjoy all the good and two part c and after the say Act and before  the that year of the reign of the late queen ford lend diverse other great sum  of money to Sheldon and for assurance of it take a rentcharge by deed indent  with condition of redemption and take also several recognizance in the name of  some of the other defendant for performance of covenant c as be aforesaid  which recognizance do amount in all to the sum of l all which be to the use of  the say ford and to be at his disposition and they be forfeit and afterward  videlicet Elizabeth ford be convict of recusancy and do not pay l per month  accord to the statute and if upon all this case the king shall have the  benefit of these recognizance be the question and this case be debate by  counsel learned on both side in court and it be object by the counsel of ford  that if the recognizance have be acknowledge to ford himself they shall not be  forfeit to the king for the statute speak only of good and debt be not include  within the word good and therefore if the king grant all the good which come  to he by the attainder of I S the patentee shall not have debt due to he for  that the grant only extend to good in possession and not to thing in action  and this Act be a penal law and shall not be extend by equity it be object  that these recognizance be acknowledge to perform covenant in a indenture  concern a rentcharge and therefore savour of the realty and be not within the  intention of the say Act which speak only of good No fraud or covin appear in  the case and then forasmuch as no Act of parliament extend to this case it be  say that the commonlaw do not give any benefit to the king for at the  commonlaw in a far strong case if beneficiary and use have be attaint of  treason this use forasmuch coke as it be but a trust and confidence of which  the law do not take notice it be not forfeit to the king and can not be grant  and if a use shall not be forfeit of which there shall be a Imssessia brother  c and which shall descend to the heir a much strong a mere trust and  confidence shall not be forfeit it be object that if the forfeiture in ibis  case at the bar accrue to the king by the statute of Elizabeth it ought to be  by force of this word t good but that shall not be without question in this  case for ford have not any good but only a mere trust and confidence which be  nothing in consideration of law and the court can adjudge that these  recognizance belong to the king by equity of the say statute because it be  penal also one recognizance be take in the name of some of the other defendant  before the statute of the Elizabeth which give the forfeiture coke report er p  and for that reason it can be imagine that it be to defeat the king of a  forfeiture which then be not in be but give afterward as to the first  objection it be answer and resolve by all the baron and by Popham chief  justice of England and diverse other of the justice with who they confer that  if the recognizance have be acknowledge to the party himself that they be give  to the king without question for personal action be as well include within  this word good in a Act of parliament as good in possession but inasmuch as by  the law thing in action can be grant over for that cause by his general grant  thing in action which only he may grant by his prerogative without special  word pass not for what he can grant only by his prerogative can never pass by  general word a and it be affirm that so it have be resolve before that be to  say that debt be forfeit to the king by the say Act of the Elizabeth and where  the statute say shall take seize and enjoy all the good and two part c  although a debt due to a recusant can be take and seize yet inasmuch as there  be another word videlicet enjoy the king may well enjoy the debt and by  process out of the exchequer levy it and so take and seize refer to two part  of land in possession and enjoy relate to good as to the second objection  answer that it be original for the loan and forbearance of money and as well  the recognizance as the annuity be make for the security of the payment of the  say money also when the recognizance be forfeit they be but chattel personal  as to the three objection answer there be covin apparent for when he be a  recusant continual after that statute of the Elizabeth and for that Chargeable  to the king for the forfeiture give by the same Act it shall be intend that he  take these recognizance in the name of other with a intent to prevent the king  of levy of the forfeiture and all the recognizance which be take in other man  name after the say Act shall be presume in law to be so take to the intent to  defeat the king of his forfeiture true it be that a use or trust shall not be  forfeit for treason or other offence by the commonlaw because it be not a  thing of which the commonlaw take any notice for that beneficiary and use have  neither yus in re nor law ad remember but by the commonlaw when any act be do  with a intent and purpose to defraud the king of his lawful duty or forfeiture  by the commonlaw or Act of parliament the king shall not be bar of his lawful  duty and forfeiture per sidelong which belong to he by the law if the act be  do de director and therefore if a man outlaw buy good in the name of other the  king shall have the good in the same manner as if he have take they direct in  his own name so if any accountant to the king purchase land in the name of  other the king shall a by a grant of the good and chattel of felon the grantee  shall not have debt due to they king v Sutton sand mayor of Southampton v  Richard side per shut king v bishop of Canterbury and Hudson Owen SC Leon Lord  Northampton v Lord saint John Leon and stock and money in the fund be not good  and chattel and do not pass by a grant of good et caltala felon king v capper  price nor do bonaetcatalla felonunb de see pass by such word Jurado v Gregory  I Ventr a grant of a liberty in a manor of good and chattel of tenant in such  manor attaint of felony be confine to the good e of felon be local situate  within the manor and do not pass good c lie out of it king v capper ub sup in  roll Abr e pl it be say that if the king grant certain liberty and among other  thing grant in all respects good et cattalafelonum de see within such a place  it shall pass obligation specialty and debt due to the felon for though in  other case a grant of in all respects good et catalla by the king will not  pass specialty and debt yet in the grant of a liberty it will by a grant of  good and chattel of felon of themselves the grantee shall have such felon  ready money Vid Com dig waif c when the choose in action of one felon de see  be grant to a subject a grant under the sign manual be sufficient such grant  need not be under the great seal or any other seal the property in a  promissory note be assignable by the crown without endorsement for the  assignment by the crown take its effect from a general rule of law and not  from the custom of merchant or other special custom Lambert v tailor barn  Cress SC dow Ryl coke report er p seize those land for money due unto he coke  and this appear by the case of Walter Chirton Trin Edward rot in Scaccario  where the case be that Walter de Chirton be indebt to the king which he have  receive of the king treasure and do purchase certain land with the king money  and by covin have cause the vendor to feoff his friend in fee to defraud the  king and notwithstanding take the profit himself and afterward Walter Chirton  be commit to the fleet for the say debt and all the matter be find by  inquisition and by judgement the land be seize into the king hand until what  time for in the case of the king a act do by covin per sidelong shall be equal  to on act do de director to the party himself for king to trip non mdt to trip  autem non to be able see another precedent Trin Edward rot extract king where  one Thomas Favell be collector of tithe and fifteen and be seize of certain  land in feesimple and have diverse good and chattel die intromissionis de  collection et levation of ten and fifteen faint in limit to make strange  tenement svan et good et catalla to visit mask and die without heir or  executor in this case by the prerogative of the king process be make as well  against the terretenants as against the possessor of the good and chattel  although they be not executor c ad compulandum pro collection pr6edicta et ad  to answer et to give satisfaction ind royal power c E hoc per porter England  et capital justice Angli et another law liciariorum a bag of hide banci quod  notam bene as to the four objection non refert whether the duty to accrue to  the king by the commonlaw or by statute but be it the one way or the other no  subterfuge that the party can use can defeat or defraud the king and although  one of the recognizance be take before the statute of Elizabeth yet that be to  his use and for that it be in the nature of a chattel in he and be take in the  name of other to prevent the queen of her forfeiture which she may have by the  Act of el and although ford be not convict until Elizabeth that be not  material for at all time before that he be subject to a forfeiture for his  recusancy