Page:Prerogatives of the Crown.djvu/239

 Ch. XL SecL] Revenue. — Forfeitures. 219 to the Crown by attainder of treason^ he does not take by way of escheat, and all mesne tenures of common persons are ex- tinct, and the King takes jure coronce or prerogative regalis. But the King is not entitled in general to a larger interest or more extensive degree of property in the lands or tenements forfeited, than the person attainted himself enjoyed ; so that his Majesty cannot lawfully eject from the forfeited premises a person legally in possession as tenant ; or do any other act which the law would not have permitted the traitor to commit with impunity, the statute expressly saving to others, (except the offender and his heirs and assigns, and every of them, and all and every other person and persons claiming by them or any of them, or to their uses, or to the uses of any of them, after the said treasons committed) all such right, title, use, possession, entry, reversions, remainders, interests, conditions, fees, offices, rents, annuities, commons, leases, and all other commodities, profits and hereditaments whatsoever they or any of them should, might, or ought to have had, if this act had never been had or made {a). The Crown or its grantee on forfeiture will take the estate, subject to all charges binding on the party though voluntary, if no fraud, but not subject to debts at lai'ge ; and they have the same equity to be relieved against a conveyance as the party had for fraud on him (b). We shall hereafter see when an inquisition is necessary to en- title the King. By an attainder of petit treason or felony the offender for- feits (c) to the Crown all his chattel interests absolutely, and the profits of all estates of freehold, whether held by him in his own or his wife's right (c?), during his life, and, after his death ; all his lands and tenements in fee simple (but not those in tail) to the Crown, for a very short period of time; for the King shall have them only for a year and day, and may com- mit therein during that period what waste he pleases ; which is called the King's " year day and waste" {e). The person en- titled to the lands on the death of the offender, whether the {a) 3 Bac. Ab. 2C9. See 26 Hen. 8. Bac. Ah, Forfeiture, A. 3 Inst, 19. c. 13. s. 5. 33 Hen. 8. c. 20. s. 2. 1 (rf) 3 Inst. 19. Fitz. Assize, 1G6. and 2 Ph. and M. c. 10. s. 7. Forfeiture, 23, 4. Ass. PI. 4. (4) 2Ve8.116i 238. 3 Price's R. {e) 2 Inst. 37. 4 Bio. Com. 385. 122. ^ Staundf. Prerog. Regis, c. 16. (0 See 4 Bla. Com. 385. 2 Inst. 37. wife