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 .