HENRY Earl of Danby being seized in Fee of the Premisses, settles the same on himself for Life,4 Caroli I. Ann. 1629. the Remainder to the said Sir John Danvers his Brother for his Life, the Remainder to Eli­zabeth his Wife for her Life, the Remainder to the Heirs of the Body of the said Sir John Dan­vers, the Remainder to the right Heirs of himself, the said Earl of Danby.

The said Elizabeth, and the said Earl died, and the said Sir John Danvers was Brother and Heir of the said Earl, and thereby at, and before the 25th of March, 1646. was seized of the Premisses in Fee-Taile.May 5. 1647. April 17. 1655. The Reversion thereupon expectant to him in Fee.

Sir John Danvers by Fine and Deed limits the Premisses to the use of himself, and the Heirs of his Body; and for want of such Issue, to the use of his own Right Heirs.

Sir John Danvers died, leaving Issue John Danvers his Son and Heir, who is Lessor of the Plaintiff.12 Caroli II. cap. 11. Ann. 1660. 13 Car. II. cap. 15. Ann. 1661.

The said Sir John Danvers having been notoriously active in the Treason of Murthering King CHARLES the First; and being dead when the Act of Indemnity passed, his Estate was excepted out of the said Act.

By the Act of Parliament for Pains and Penalties, therein reciting that Sir John Danvers, and others, whilst they lived, were notoriously known to have been wicked and active Instruments in the prosecution and compassing of that horrid and exe­crable Treason, the Murther of our late Sovereign Lord King CHARLES the First [...]ver blessed memory; and for that no Act had passed then for inflicting of due Pains, Penalties and Forfeitures upon the Person [...] Estates of the Offenders afore­said, It is enacted, That all and every the Mannors, Messuages, Lands, Tenements, Rents, R [...]versions, Remainders, Possessions, Rights, Conditions, Interests, Offices, Fees, Annuities, and all other the Hereditaments, Leases for Years, Chattels real, and other things of what nature soever they be of them the said Sir John Danvers, &c. which they, or any in trust for them, had the 25th day of March, 1646. or afterwards, shall stand, and be forfeited to His MAJESTY, His Heirs, and Successors, and shall be deemed, vested and adjudged to be in the actual and real possession of His MAJESTY, without any Office or In­quisition thereof thereafter to be taken or found.

Pas. 1675. 1676.The Lands in question have ever since been enjoyed by, and under the Crown.

This Action of Ejectment was brought in the King's-Bench, in Easter Term, 1675. and Judgment was given against the Plaintiff,An. 1689 by the unanimous Opinion of the Four Judges there, in Michaelmas Term, 1676.

A Writ of Error having been brought in the Exchequer Chamber, the Judgment was affirmed by the Opinion of all the Judges of the Common Pleas, and Barons of the Exchequer except two, viz. Mr. Baron Lechmer, and Mr. Baron Turton.

The question of this Case is,

If Sir John Danvers, who in 1646. was seized of the Premises in Tail, with Remainder to his own right Heirs, were seized of such an Estate as is forfeited, and given to the Crown by the said Act of Pains and Penalties.

It was resolved by both the said Courts, That all the Estate in the said Lands was forfeited, and given to the Crown by that Act for these Reasons:

• I. The Act takes notice of Sir John Danvers's Crime, which was High-Treason, and intended to inflict the same for­feiture as to his Estate, he having, by Death, avoided being Attainted, as would have been, had he been in Life, and Attainted; and he is reputed by the Act as a person Attaint.
• II. The words of the Act are as comprehensive as may be, and extend to forfeit all Lands, and all Estates in them, that might be any ways forfeited by the comprehensive words of Rights, Interests, and Hereditaments, which must ex­tend to the Inheritances in the Lands, or to nothing, the Offender being dead.
• III. Estates Tail, since they are become Alienable by Common Recoveries and Fines, and thereby the perpetuity cre­ated by the Statute of Westminster, 2. de Donis Conditionalibus, liable to be broken, are forfeitable; a Forfeiture being in nature of Alienation, by the general words of an Act of Parliament, as appears from the Statute of 26 H. 8. by which Act Estates Tail are forfeitable for Treason under the general words of Estates of Inheritance; and by the same Reason, the words, Rights, Interests and Hereditaments, in the Act of Pains and Penalties, which is ag [...]eed to extend to carry an Estate in Fee-simple, shall as well extend to an Estate Tail; and it may be as well denied that an Estate in Fee-simple, as in Fee-Tail is forfeited by this Act, the words being no more expressive of one Estate than the other.
• IV. The Act intended the Offenders Estate should not be enjoyed by their Children; for in the general saving, there is exception of the Child or Children of the Offender.

2. There was another Point argued by Council in the King's Bench, and Exchequer-Chamber, viz. If by the Fine Levied by Sir John Danvers in 1647. there were not such an Alteration made of the Estate as should subject the Lands in question, to the Forfeiture by the Act, though the old Estate Tail should not be forfeitable by it: But the Case was adjudged in the other Point, and little notice taken of this by the Judges, because the first Point was sufficient.