219 Revenue.— Forfeitures. [Ch.XI. SeCr^L the freehold during the coverture, and if the attainted hus- band be possessed of a term in right of his wife, the King shall have it. So if tenant for life be attainted of treason the King hath the freehold during the life of the party attainted, or his interest if he have a term for years only [a). It may b*'^ added, that the wife of a traitor forfeits her dower by the at- tainder of her husband for high or petit treason [b), but not her jointured lands {c) ; and he shall be tenant by the curtesy,^ though she be attainted {d) ; if there were issue before the- treason committed [e), 8thly. With respect to corporations, it may be observed^ that in the case of a corporation aggregate, as dean and chaptery mayor and commonalty, where the possessions are in common in the aggregate corporation, nothing is^ forfeited by the at- tainder of the head of tl>e corporation, as the dean, mayor,, &c. (y*). By the common law a sole corporation, as an abbot, bishop, dean, prebendary, parson, or vicar, by attainder of treason forfeited to the King the profits of his abbey, bishop- rick or prebend during his incumbency ; but tlieir successors were not bound by that forfeiture, for though the profits as they arose belonged to their persons, yet the inheritance was in right of their church (^). The statute 26 Hen. 8. c. 13. s. 5. altered the common law in this respect, for by that sta- tute the rights of others are saved and preserved to them, ex- cepting only the traitor, his heirs " and successors" {h). Sir M. Hale however asserts, that the statute 5 and 6 Edw. 6. e. 11. s. 5. restores and preserves the common law right of the successors of the sole corporation, because it saves the rights of all others on a forfeiture for high treason, except the of- fender, " and his heirs" (omitting the word "successors") (/). It is laid down by Sir M. Hale (^), that where lands come (a) 1 Hale, P. C. 251, 252. {d) Ibid. 352 ► (6) 5 and 6 Edw. 6. c. 1 1. 1 Hal. (<f) 1 Hal. P. C. 35?>. Co. Ut. s. 35. P. C. 359. There are some exceptions (/) 1 HaL P. C. 252. by special legislative provision, as upon (g) Ibid. the statute of 5 El. c. 11. for clipping (A) See Ibid. Hale. Dyer, 289. 2T money ; 18 EI. c. 1. for impairing mo- Hen. 8. c. 28. 31 Hen. 8. c. 13. ney ; 5 El. c. 1. for refusing the oath (i) See 1 Hale, P. C. 252, 3. 6 Bac. of supremacy the second time, and A b. Statutes, D. &c. as to a statute ope- some others. rating as a repeal of a former statute. (c) 4 Bla. Com. 381. (A) 1 P. C. 253. to
