Page:Prerogatives of the Crown.djvu/237

Ch.XI. Sec.L] Revenue. — Forfeitures, 217 ing any lands, or a right to reserve a judgment given against him by writ of error, or a right to bring a formedon or writ of entry, but had no right of entry without a recovery by ac- tion, the King is not entitled to the exercise of such respect- ive rights. This was determined in Dowby*s case («), though Sir M. Hale cites two cases which, he says, tread hard upon the heels of the judgment in that case [h). 4thly. The benefit of all conditions of re-entry and powers of revocation, by virtue of which the offender could have re- duced any land into possession [c]. But it seems, that the King is not entitled to the benefit of conditions, the perform- ance whereof is strictly and substantially restrained to the per- son attainted {d and cannot execute a power, the execution of which is to be attended with circumstances inseparably an- nexed to the person of him to whom the power is given {e), 5thly. All lands holden by another in trust for the of- fender (/*). 6thly. It seems any property which the traitor may hold as trustee for another ; and in this case it appears the party for whose use the lands were holden loses them entirely (g), for the legal estate is forfeited by the attainder to the King, and his Majesty cannot be compelled to, though as will be fully mentioned hereafter (/?), he may execute the trusts (z). It is held that in case of the attainder of a mortgagor the mort- gagee shall hold till the Crown think fit to redeem, for the Court will not decree a foreclosure against his Majesty {Jc)f, 7thly. If a husband be seised of lands of inheritance in right of his wife, and be attainted of treason, the King hath (a) 3 Co. 3, a. 10, b. b) 1 Hal. P. C. 242. (c) 33 Hen. 8. c. 20. 1 Hal. P. C. 243,4. 3 Co. 10, b. Gilb. Uses, 146. {d) 1 Hal. P. C. 244, 5y 6. 7 Co. 13, a. 4 Leond. 135. 2 Keb. 564, 608, 763, 772. 1 Mod. 16, 38. See latch. 25, 69, 102. Sir Wm. Jon. 134. Bac. Ab. Forfeiture, A. {e) Ibid. (/) 21 Rich. 2. c. 3. 33 Hen. 8. c. 20. 1 Hal. P. C. 247, 8. Cro. Jac. 512. Hob. 214. (s) Lane, 54. Jenkins, 190, case 92. Hard. 466. Bro. Feoffment al. Uses. pi. 51. Vin. Ab. tit. Uses, pi. 4, note. 1 Fonbl. Tr. Eq. 3rd ed. 168, 9. note, book 2. c. 7. s. 1. 1 Hal. 249. 1 Cruis*;, 500. 1 Chitty, Crim. Law, 728. Post, tit. Escheats J but see Com. Digr. For- feiture, B. 1 Carter, 67. Prec. Ch. 202. {h) Post. Fil Escheat?. 0) 1 Cruise Dig. 550. See 39 and 40 Geo. 3. c. 88. s. 12. {k) Bridjj. Index, * Treason,' * Prero- gative.' 2 Atk, 223. Hardr. 465. 2 Ves. 286. 1 Chitty, Crim. L. 728. the