NOTES ON THE CASE ON Sir JOHN DANVERS'S Settlement.  
It is humbly offered,  
THAT Estates Tail are alienable by the Tenant in Tail, by Fine or Recovery: and forfeitable for Treason by him committed, notwithstanding the Statute de Donis conditionalibus; as is agreed by all.  
That thereby the Protection of Estates Tail for the Issue by that Statute being gone, Estates Tail are justly esteemed absolutely in the power of the Tenant in Tail; and no Consideration is had of the possibility of the state coming to his Children, if he do not dispose of it: For which reason for many Years last past, no Person hath been made Tenant in Tail, where it was not intenced to preserve the Estate settled, absolutely in his Power to dispose it from his Children.  
That where the Estate is intended to be preserved for the Children, against the Acts or Forfeitures of the Father, the Father is made Tenant for Life, with Remainder to all his Sons successi●ely in Tail, and thereby the Estate is absolutely secured to the Issue, whatever Misfortune happen to the Father: In this form are the Settlements of almost all the Great Families in England; which will not at all be weakened, although an Estate Tail be forfeitable for Treason.  
That if Sir John Danvers had been made Tenant for Life, with Remainder to his Sons successively in Tail, the Interest of his Children had not been forfeited by the Words in the Act of Pains and Penalties, as was adjudged in the Case of Tichburn, Son of one of the Regicides, whose Estate being so settled, was recovered after his Death, from Lewen, who had purchased it from the Crown.  
That Sir John Danvers's Estate Tail is forfeited by the Comprehensive Words, Of all Sir John Danvers's Rights and Interests; for he had the Estate Tail absolutely in him to alien or forfeit; and therefore the Estate Tail was a Right and Interest in him, within the Words of that Act; for the Estate Tail can be no more said to be the Issue's in the Life of the Tenant in Tail, than an Estate in Fee to be the Heir's in the Life of the Ancestor.  
That the Forfeiture of a Person Attaint for Treason, is not because he is Attaint, but for that he is Guilty of Treason of which the ●ttainder is only an Evidence: And therefore the Forfeiture is of the Estate he had at the time when the Offence was Committed.  
That the Act of Pains and Penalties hath declared Sir John Danvers to be Guilty of High Treason, which is equal to the Evidence of an Attainder: Therefore the Act proceeds without Attainder, to give a Forfeiture of Estate as for High Treason, and makes it not material, Attaint or not Attaint; the Forfeiture not depending on the Attainder, but on the Offence, and the words giving the Forfeiture.  
That the Act of Pains and Penalties is a particular Act, and extends only to the Persons therein name, and their Estates, and not to any other who may be any way after attainted for Treason: And the adjudging th 〈…〉 T●il of Sir John Danvers to be forfeited by it, cannot have any manner of influen 〈…〉, o● be any president touching Forfeitures on Attainders to be had in any Court of Law.  
That the words of Forfeiture in the Act 12 Car. 2. attainting the Murtherers of King Charles the First, being the same with the words of Forfeiture in the Act of Pains and Penalties; The Attainders of them therein mentioned to be by Verdict o● Outlawl●ry, not being confirmed by the said Act, may be reversed for Error, and then their Estates Tail enjoy●● under the Act of Attainder, since the making of it as forfeited, will be subject to the same Question as now made in the Case of Sir John Danvers.  
That if it be adjudged, That the comprehensive words in the Act of Pains and Penalties for want of t●e words Estate Tail, shall not extend to Forfeit the Estate Tail of Sir John Danvers; It may for the same reason draw in Question the Title of all the Estates Tail, claimed as Forfeited by 〈…〉 ●n, since the Statute of 6 Hen. 8. under the Words of Estates of Inh 〈…〉 te Tail not being in that Statute. And also for the same reason, may 〈…〉 Title of all the Estates Tail, which having been settled for Superstiti● 〈…〉 ●dged to be given to the Crown, by the Act of Edward the Sixth, the 〈…〉 ●ng mentioned in that Statute.