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<DATE>2014-06-17</DATE>
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<NAME>John Pas</NAME>
<RESP>MURP</RESP>
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<ITEM>Proofed and reviewed as part of batch B140430.pdcc.</ITEM>
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<EEBO>
<IDG S="marc" R="UM" ID="B18742">
<STC T="W">C1208</STC>
<STC T="G">816.m.16[37]</STC>
<STC T="C">R225208</STC>
<BIBNO T="umi">99885935</BIBNO>
<VID>188538</VID>
</IDG><!-- alt.stc G816.m.16[37] --><!-- alt.stc CR225208 -->
<TEXT LANG="eng">
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<DIV1 TYPE="case">
<PB REF="1" MS="y">
<HEAD>THE CASE UPON The Writ of ERROR BETWEEN <HI>RICHARD BROWN</HI> and <HI>AYLIFF WAITE,</HI> touching the Manor and Lands of <HI>Daunt&s;ey,</HI> in the County of <HI>WILTS,</HI> late of Sir <HI>John Danvers,</HI> Knt. appointed by Order to be heard at the Lords Bar, on <HI>Monday</HI> the 23d of <HI>Nov.</HI> 1691.</HEAD>
<P><HI>_HENRY</HI> Earl of <HI>Danby</HI> being &s;eized in Fee of the Premi&s;&s;es, &s;ettles the &s;ame on him&s;elf for Life,<NOTE PLACE="marg">4 <HI>Caroli</HI> I. <HI>Ann.</HI> 1629.</NOTE> the Remainder to the &s;aid Sir <HI>John Danvers</HI> his Brother for his Life, the Remainder to <HI>Eli|zabeth</HI> his Wife for her Life, the Remainder to the Heirs of the Body of the &s;aid Sir <HI>John Dan|vers,</HI> the Remainder to the right Heirs of him&s;elf, the &s;aid Earl of <HI>Danby.</HI></P>
<P>The &s;aid <HI>Elizabeth,</HI> and the &s;aid Earl died, and the &s;aid Sir <HI>John Danvers</HI> was Brother and Heir of the &s;aid Earl, and thereby at, and before the 25th of <HI>March,</HI> 1646. was &s;eized of the Premi&s;&s;es in Fee-Taile.<NOTE PLACE="marg"><HI>May</HI> 5. 1647. <HI>April</HI> 17. 1655.</NOTE> The Rever&s;ion thereupon expectant to him in Fee.</P>
<P>Sir <HI>John Danvers</HI> by Fine and Deed limits the Premi&s;&s;es to the u&s;e of him&s;elf, and the Heirs of his Body; and for want of &s;uch I&s;&s;ue, to the u&s;e of his own Right Heirs.</P>
<P>Sir <HI>John Danvers</HI> died, leaving I&s;&s;ue <HI>John Danvers</HI> his Son and Heir, who is Le&s;&s;or of the Plaintiff.<NOTE PLACE="marg">12 <HI>Caroli</HI> II. <HI>cap.</HI> 11. <HI>Ann.</HI> 1660. 13 <HI>Car.</HI> II. <HI>cap.</HI> 15. <HI>Ann.</HI> 1661.</NOTE></P>
<P>The &s;aid Sir <HI>John Danvers</HI> having been notoriou&s;ly active <HI>in the Trea&s;on of Murthering King</HI> CHARLES the Fir&s;t; and being dead when the <HI>Act of Indemnity</HI> pa&s;&s;ed, his E&s;tate was excepted out of the &s;aid Act.</P>
<P>By the Act of Parliament <HI>for Pains and Penalties,</HI> therein reciting that Sir <HI>John Danvers,</HI> and others, whil&s;t they lived, were notoriou&s;ly known to have been wicked and active In&s;truments in the pro&s;ecution and compa&s;&s;ing <HI>of that horrid and exe|crable Trea&s;on, the Murther of our late Sovereign Lord King</HI> CHARLES <HI>the Fir&s;t <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ver ble&s;&s;ed memory;</HI> and for that no Act had pa&s;&s;ed then for inflicting of due Pains, Penalties and Forfeitures upon the Per&s;on <GAP DESC="illegible" RESP="KEYERS" EXTENT="1 word"> E&s;tates of the Offenders afore|&s;aid, It is enacted, That all and every the Mannors, Me&s;&s;uages, Lands, Tenements, Rents, R<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">ver&s;ions, Remainders, Po&s;&s;e&s;&s;ions, Rights, Conditions, Intere&s;ts, Offices, Fees, Annuities, and all other the Hereditaments, Lea&s;es for Years, Chattels real, and other things of what nature &s;oever they be of them the &s;aid Sir <HI>John Danvers,</HI> &amp;c. which they, or any in tru&s;t for them, had the 25th day of <HI>March,</HI> 1646. or afterwards, &s;hall &s;tand, and be forfeited to His MAJESTY, His Heirs, and Succe&s;&s;ors, and &s;hall be deemed, ve&s;ted and adjudged to be in the actual and real po&s;&s;e&s;&s;ion of His MAJESTY, without any Office or In|qui&s;ition thereof thereafter to be taken or found.</P>
<P><NOTE PLACE="marg"><HI>Pa&s;.</HI> 1675. 1676.</NOTE>The Lands in que&s;tion have ever &s;ince been enjoyed by, and under the Crown.</P>
<P>This Action of Ejectment was brought in the <HI>King's-Bench,</HI> in <HI>Ea&s;ter</HI> Term, 1675. and Judgment was given again&s;t the Plaintiff,<NOTE PLACE="marg"><HI>An.</HI> 1689</NOTE> by the unanimous Opinion of the Four Judges there, in <HI>Michaelmas</HI> Term, 1676.</P>
<P>A Writ of Error having been brought in the <HI>Exchequer Chamber,</HI> the Judgment was affirmed by the Opinion of all the Judges of the <HI>Common Pleas,</HI> and Barons of the <HI>Exchequer</HI> except two, <HI>viz.</HI> Mr. Baron <HI>Lechmer,</HI> and Mr. Baron <HI>Turton.</HI></P>
<P>The que&s;tion of this Ca&s;e is,</P>
<P>If Sir <HI>John Danvers,</HI> who in 1646. was &s;eized of the Premi&s;es in Tail, with Remainder to his own right Heirs, were &s;eized of &s;uch an E&s;tate as is forfeited, and given to the Crown by the &s;aid Act of Pains and Penalties.</P>
<P>It was re&s;olved by both the &s;aid Courts, That all the E&s;tate in the &s;aid Lands was forfeited, and given to the Crown by that Act for the&s;e Rea&s;ons:
<LIST>
<ITEM>I. The Act takes notice of Sir <HI>John Danvers</HI>'s Crime, which was <HI>High-Trea&s;on,</HI> and intended to inflict the &s;ame for|feiture as to his E&s;tate, 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 per&s;on Attaint.</ITEM>
<ITEM>II. The words of the Act are as comprehen&s;ive as may be, and extend to forfeit all Lands, and all E&s;tates in them, that might be any ways forfeited by the comprehen&s;ive words of Rights, Intere&s;ts, and Hereditaments, which mu&s;t ex|tend to the Inheritances in the Lands, or to nothing, the Offender being dead.</ITEM>
<ITEM>III. E&s;tates Tail, &s;ince they are become Alienable by Common Recoveries and Fines, and thereby the perpetuity cre|ated by the Statute of <HI>We&s;tmin&s;ter,</HI> 2. <HI>de Donis Conditionalibus,</HI> 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 <HI>H.</HI> 8. by which Act E&s;tates Tail are forfeitable for Trea&s;on under the general words of E&s;tates of Inheritance; and by the &s;ame Rea&s;on, the words, Rights, Intere&s;ts and Hereditaments, in the Act of <HI>Pains</HI> and <HI>Penalties,</HI> which is ag<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">eed to extend to carry an E&s;tate in Fee-&s;imple, &s;hall as well extend to an E&s;tate Tail; and it may be as well denied that an E&s;tate in Fee-&s;imple, as in Fee-Tail is forfeited by this Act, the words being no more expre&s;&s;ive of one E&s;tate than the other.</ITEM>
<ITEM>IV. The Act intended the Offenders E&s;tate &s;hould not be enjoyed by their Children; for in the general &s;aving, there is exception of the Child or Children of the Offender.</ITEM>
</LIST></P>
<P N="2">2. There was another Point argued by Council in the <HI>King</HI>'s <HI>Bench,</HI> and <HI>Exchequer-Chamber, viz.</HI> If by the Fine Levied by Sir <HI>John Danvers</HI> in 1647. there were not &s;uch an Alteration made of the E&s;tate as &s;hould &s;ubject the Lands in que&s;tion, to the Forfeiture by the Act, though the old E&s;tate Tail &s;hould not be forfeitable by it: But the Ca&s;e was adjudged in the other Point, and little notice taken of this by the Judges, becau&s;e the fir&s;t Point was &s;ufficient.</P>
<PB REF="2">
<PB REF="2" MS="y">
</DIV1>
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