ante, § 68. Brassey v. Bind the contracted. Gilb. Exch. c. 26. Tit. 14. Tit. 32. c. 8. taken and enjoyed by the masters of the ordnance; by virtue of which the earl took several pieces of iron ordnance, and sold them for his own use. The question was, whether the earl's executors might be charged to the king, for the conversion of the said ordnance. It was resolved that the privy seal, being made on a false suggestion, was void therefore that the earl's executors were bound to account with the crown for the broken ordnance. 70. It is said, in Doddington's case, that the party receiving must know that it is the king's money. For if a person sells land to a receiver of the king, who pays him for it with the king's money, and the vendor is not privy to it, he shall not be answerable. 71. In a modern case it was held that land tax money, in the hands of the collector, was a crown debt. 72. Lord Chief Baron Gilbert says, all debts due to Lands when the king bind the lands of the debtor, from the time the same were contracted. For the debts that were of record always bound the lands of the debtor; and the debts not of record, by the statute 33 Hen. VIII. c. 39. bind as a statute staple. For all lands being held mediately or immediately of the crown, when any debt was recorded of any person, it laid the estate as liable to that debt, as if it had been a reservation in the first patent. Therefore as the king could seize for the nonpayment of the reserved rents, so he could seize the lands for any debt with which they were charged. 73. In consequence of this doctrine, if a person becomes bound to the king in a bond, and process is issued on it, the writ warrants the sheriff to inquire of and seize the lands of the debtor, which he had at the day when the bond was executed. But if a bond is assigned to the king, the process shall not be to inquire of and seize the lands which the obligor had when he entered into the bond; but only the lands which the obligor had when the bond was assigned. 74. By the statute 13 Eliz. c. 4. § 1. it is enacted, that all the lands, &c. which any treasurer or receiver of the courts of exchequer, or duchy of Lancaster, treasurer of the chamber, cofferer of the household, treasurer for the wars, or of the admiralty or navy, or the mint, receiver of any sums of money imprest, or otherwise, for the use of the queen, her heirs or successors, customer, collector, or farmer of the customs, within any port of the realm, receiver general of the revenues of any county or counties, answerable in the receipt of the exchequer, or the duchy of Lancaster, hath, while he remains accountant, shall, for the payment of the queen, her heirs or successors, be liable and put in execution, in like manner as if the same treasurer, receiver, &c. had, the day he became first officer or accountant, stood bound by writing obligatory, having the effect of a statute staple, to her majesty, her heirs or successors, for payment of the same. Into whose they pass. 75. Where lands are once liable to a crown debt, the lien continues, into whose hands soever they pass, even though conveyed by the debtor boná fide, to a Vide Tit. 32. c. 26. Co. Lit purchaser, for a valuable consideration. How dis- 76. The only proper and legal discharge of a debt due to the crown is an acquittance from the officers of the exchequer, which is usually called a quietus; because it generally concluded with these words, abinde recessit quietus. By the statute 27 Eliz, c. 3, Poole v. Shergold, Let 209 not 1 Cox's R. 160. § 8. it is enacted, that if an accountant or debtor to Vide Tit. 14. the crown obtains a quietus in his lifetime, his lands shall not be sold after his death. Estates in Fee forfeited &c. 2 Hawk.P.C. c. 4. § 1. 77. Estates in fee simple are forfeited to the crown for Treason, by attainder of treason; and the lands whereof a person attainted of treason dies seised in fee, become actually vested in the crown without any office; because they cannot descend, on account of the corruption of blood of the person last seised; and the freehold shall not be in abeyance. 1 Inst. 390 b. 1 Hale P. C. 360. 1 Salk. 85. Tit. 30. And for Disclaimer. Dissert. c. 1. § 84. 1 Inst. 102 a. Finch, 270. Booth R. A. 133. 3 Leon. 271, 272. Qualified Fees. 1 Inst. 1 b. 78. This forfeiture relates backwards to the time when the crime was committed; so as to avoid all intermediate sales and incumbrances; but not those made before. 79. In cases of petty treason and felony, the estate is only forfeited to the king for a year and a day; which was formerly called the annum diem et vastum; after that period, in consequence of the corruption of blood, it escheats to the lord of whom it is held. 80. An estate in fee simple is still so far considered as a strict feud, and the tenant thereof so far bound to perform the feudal duties and services which remain due, that if he disclaims upon record to hold his lands of his lord, it will operate as a forfeiture of his estate; and the lord may thereupon have a writ of right upon a disclaimer, for the recovery of the land. But if the lord accepts rent from the tenant after the disclaimer, he will be thereby barred of this writ. 81. Lord Coke says-Offee simple it is commonly holden that there be three kinds, viz. fee simple absoPlowd. 557. lute, fee simple conditional, and fee simple qualified, or base fee. But the more genuine and apt division were, to divide fee, that is inheritance, into three parts; viz. simple or absolute, conditional, and qualified, or base. For this word simple properly ex cludeth both conditions and limitations that defeat or abridge the fee." 82. The nature of an estate in fee simple absolute has been already explained. But where an estate limited to a person and his heirs has a qualification annexed to it, by which it is provided that it must determine whenever that qualification is at an end; it is then called a qualified or base fee. As in the case of a grant to A. and his heirs, tenants of the manor 1 Inst. 27 a. of Dale; whenever the heirs of A. cease to be tenants of the manor of Dale, their estate determines. 83. Lord Hale gives the following instance of a Idem, n. 6. qualified or base fee. King Henry III. dedit mane. rium de Penrith et Sourby Alexandro regi Scotia et hæredibus suis, regibus Scotia. Alexander died, not leaving any heir king of Scotland, but only daughters. Et ea de causa King Edward I. recovered seisin; and the coheirs of Alexander were excluded. 645. 84. In a modern case the Judges of the Court of Willington v. Willington, King's Bench certified to the Court of Chancery, that 1 Black. R. a devise to trustees and their heirs, upon trust to pay the testator's debts and legacies; and after payment thereof, to his sister for life, &c. gave a base fee to the trustees, determinable on payment of the debts and legacies. 85. When a person holds an estate to him and his 10 Rep. 97 b. heirs, as long as A. B. has heirs of his body, this is or base fee; of which an a species of qualified or base fee account will be given in the next title. 86. The proprietor of a qualified or base fee has the Plowd. 557. same rights and privileges over his estate, till the qualification upon which it is limited is at an end; as if he were tenant in fee simple. With respect to conditional fees, they will be treated of in the next Title. TITLE II. ESTATE TAIL. CHAP. I. Of the Origin and Nature of Estates Tail. CHAP. II. Of the Power of Tenant in Tail over his Estate, and the Modes of barring it. Of Condi. tional Fees. SECTION 1. DONATIONS of land were originally simple and pure, without any condition or modification annexed to them; and the estates created by such donations were held in fee simple. In course of time however it became customary to make donations of a more limited nature, by which the gift was restrained to some particular heirs of the donee, exclusive of |