case colonel leighton case inquisition find two negligent escape per warden of  the fleet be forfeiture of the office though but for small sum so be one  voluntary escape a forfeiture grant by the crown of a estate c forfeit before  any inquisition find the forfeiture be illegal warden of the fleet if but  tenant for life his forfeiture of the office belong to the reversioner and not  to the crown memorandum that upon a caveat put in against the pass of a patent  to colonel Leighton of the office of warden of the fleet upon hear counsel on  both side it be admit that the inquisition have find two escape though but for  small debt that amount to a forfeiture of the office nay that one voluntary  escape make a forfeiture but it be object against pass the patent that colonel  Leighton have be too hasty in this matter and proceed illegal in have apply  and obtain a promise and order for a grant before any inquisition take or  forfeiture find which the allege be against the bill of right and mention the  case in   Rep fol as to the grant forfeiture on penal law second that the  inquisition in this case have not find what estate the warden have in the  fleet for in case he have but a estate for life only as in truth he have not  then the forfeiture if any will not be to the king but to he that have the  inheritance which be the point adjudge the duke of Vernon chancery case  Norfolk and Brandon case Vernon chancery case er p h and that point be agree  in Whitchcotts case and in Mittons case   Rep b and Crabley the Exigenters  case in dyer and in the lady Broughton case of the gatehouse at Westminster  she have but a estate for fife in it the ice can not have the forfeiture but  the dean and chapter have it as to the first objection it be answer that  colonel Leighton have not proceed undue or illegal in order to the obtain of  this patent for that in truth the inquisition bear date and be take before the  warrant for pass of the patent and though it be not file till afterward that  be not material for this be none of those case where the statute require the  fill of a inquisition and only in case of grant of land and tenement Vernon  chancery case and as to the second objection that the inquisition have not  find what estate the warden have therein it be a strange objection for that  first the inquisition do not direct that any such thing shall be inquire into  and Mounsons case in more be that the inquisitor must not exceed the  commission though ugh to find a matter necessary to be find nor be it do in  sir George Reynells case or in any case nor be it possible to be do who can  tell what private or secret conveyance the warden may have make so to say the  warden have but a estate for life and that therefore the forfeiture be not to  the king but to he that have the inheritance be a foreign objection and a  matter that can not at this time come judicial before the court so they rely  on it that a forfeiture be find that Prim a fancy be to the king which be  sufficient ground for he to seize and grant if there be a reversioner who have  the inheritance he may come in and set forth his title and in the lady  Broughton case there the dean and chapter upon the inquisition and before  judgement be by the court admit to come in and surmise on the roll that they  lad the inheritance per cur it be a matter of great consequence to the king  and to the subject shall the seal be put to this patent it may occasion a  general escape of all the prisoner in the fleet and therefore will know his  majesty pleasure before they will pass the grant vide king v Manlove Le v  where it appear that the court be of opinion that two voluntary escape be a  forfeiture of the office and that where the office be for life in one and the  fee of the same office in another the forfeiture be to he in the reversion and  not to the king so the king v lady Broughton Le v and by stat will III cap  sect the penalty for take any gratuity or security for the same by any keeper  of a prison to procure assist or connive at a escape of a prisoner in his  custody be pound forfeiture of the office and to be ever thereafter incapable  of execute such office et vide further that statute on the law of escape  Vernon chancery case de term S michaelis in curian porter