him in his county-court five several court days, to yield his body; which if the sheriff do, and the party yield not his body, he is said, by the default, to be outlawed, the coroners there adjudging him outlawed, and the sheriff making the return of the proclamations, and of the judgment of the coroner's upon the backside of the writ. This is an attainder of felony, whereupon the offender doth forfeit his lands by an escheat to the lord of whom they are holden.

But note, that a man found guilty of felony by Prayer of the verdict or confession, and praying his clergy, and clergy. thereupon reading as a clerk, and so burnt in the hand and discharged, is not attainted; because he by his clergy preventeth the judgment of death, and is called a clerk convict, who loseth not his lands, but all his goods, chattels, leases, and debts.

feiteth no lands,

So a man indicted, that will not answer nor put He that standhimself upon trial, although he be by this to have eth mute forjudgment of pressing to death, yet he doth forfeit no except for trealands, but goods, chattels, leases, and debts, except his offence be treason, and then he forfeiteth his lands to the crown.

son.

So a man that killeth himself shall not lose his He that killetk lands, but his goods, chattels, leases, and debts. himself forfeiteth but his So of those that kill others in their own defence, or chattels, by misfortune.

A man that being pursued for felony, and flieth Flying for fefor it, loses his goods for his flying, although he ture of goods. lony, a forfeireturn and is tried, and found not guilty of the

fact.

upon the exi

forfeiteth his

So a man indicted of felony, if he yield not his He that yield body to the sheriff until after the exigent of procla- eth his body mation is awarded against him, this man doth forfeit gent for felony all his goods for his long stay, although he be not goods. found guilty of the felony; but none is attainted to lose his lands, but only such as have judgments of death by trial upon verdict, or their own confession, or that they be by judgment of the coroners outlawed, as before.

escheat to the

son.

Lands entailed Besides the escheats of lands to the lords of whom King for trea-they be holden, for lack of heirs, and by attainder for felony, which only do hold place in fee-simple lands, there are also forfeiture of lands to the crown Stat. 26 H. 8. by attainder of treason; as namely, if one that hath entailed lands commit treason, he forfeiteth the pro

fits of the lands for his life to the crown, but not to the lord.

Tenant for life. And if a man having an estate for life of himself, committing treason or fe- or of another, commit treason or felony, the whole lony,there shall estate is forfeited to the crown, but no escheat to 'the lord.

be no escheat to

the lord.

The wife loseth

no dower, not-1

attainted of

felony.

son by verdict,.

feiteth all they

time of the of-,

fence com

But a copy-hold, for fee-simple, or for life, is forfeited to the lord, and not to the crown; and if it be entailed, the lord is to have it during the life of the offender only, and then his heir is to have it.

The custom of Kent is, that Gavelkind land is not forfeitable nor escheatable for felony: for they have an old saying; The father to the bough, and the son to the plough.

If the husband was attainted, the wife was to withstanding lose her thirds in cases of felony and treason, but yet the husband be she is no offender; but at this day it is holden by statute law, that she loseth them not for the husband's felony. The relation of these forfeits are these: Attainder in 1. That men attainted of felony or treason, by felony or trea-verdict or confession, do forfeit all the lands they confession, or had at the time of their offence committed; and outlawry, for the King or the lord, whosoever of them hath the had from the escheat or forfeiture, shall come in and avoid all leases, statutes, or conveyances done by the offender, at any time since the offence done. And so is the law clear also, if a man be attainted for treaAnd so it is upon son by outlawry: but upon attainder of felony by outlawry; 0- outlawry, it hath been much doubted by the lawtherwise it is in books, whether the lord's title by escheat shall relate the attainder by back to the time of the offence done, or only to the sion, and out- date of teste of the writ of exigent for proclamalawry, as to their relation tion, whereupon he is outlawed: howbeit at this for the forfei-day it is ruled, that it shall reach back to the time ture of goods and chattels, of the fact; but for goods, chattels, and debts, the

mitted.

ap attainder of

verdict, confes

a felon's goods

tainted may

the King's use.

out act of par

King's title shall look no further back than to those goods, the party attainted by verdict or confession had at the time of the verdict and confession given or made, and in outlawries at the time of the exigent, as well in treasons as felonies: wherein it is to be observed, that upon the party's first apprehension, the king's officers are to seize all the goods and The King's of chattels, and preserve them together, dispending ficers to seize only so much out of them, as is fit for the susten- and chattels. tation of the person in prison, without any wasting, or disposing of them until conviction; and then the property of them is in the crown, and not before. It is also to be noted, that persons attainted for A person atfelony or treason have no capacity in them to take, purchase, but obtain, or purchase, save only to the use of the king, it shall be to until the party be pardoned. Yet the party getteth There can be not back his lands or goods without a special patent no restitution of restitution, which cannot restore the blood with-in blood without an act of parliament. So if a man have a son, liament; but and then is attainted of felony or treason, and par- bleth a man to a pardon enadoned, and purchaseth lands, and then hath issue purchase, and another son, and dieth; the son he had before he had his pardon, although he be his eldest son, and the shall inherit patent have the words of restitution to his lands, shall not inherit, but his second son shall inherit them, and not the first; because the blood is corrupted by the attainder, and cannot be restored by patent alone, but by act of parliament. And if a man have two sons, and the eldest is attainted in the life of his father, and dieth without issue, the father living, the second son shall inherit the father's lands; but if the eldest son have any issue, though he die in the life of his father, then neither the second son, nor the issue of the eldest, shall inherit the father's lands, but the father shall there be accounted to die without heir; and the land shall escheat, whether the eldest son have issue or not, afterwards or before, though he be pardoned after the death of his father.

the heir be

gotten after

those lands.

IV. PROPERTY of lands by conveyance is first Property of

land by con

veyance divi- distributed into estates for years, for life, in tail, and

ded into,

1. Estates in fee. 2. In tail. 3. For life.

4. For years.

to the execu

fee-simple.

These estates are created by word, by writing, or by record.

1. For estates of years, which are commonly called leases for years, they are thus made: where the owner of the land agreeth with the other by word of mouth, that the other shall have, hold, and enjoy the land, to take the profits thereof for a time certain of years, months, weeks, or days, agreed between them; and this is called a lease parole; such a lease may be made by writing poll, or indented of demise, grant, and to farm let, and so also by fine of record; but whether any rent be + Leases for reserved or no, it is not material. Unto these fleases years, they go there may be annexed such exceptions, conditions, tors, and not to and covenants, as the parties can agree on. They are called chattels real, and are not inheritable by the heirs, but go to the executors, and administrators, and be saleable for debts in the life of the owner; or in the executors or administrators hands by writs of execution upon statutes, recognisances, judgLeases are to be ments of debts or damages. They be also forfeit forfeited by at- able to the crown by outlawry, by attainder for 1. In treason. treason, felony, or premunire, killing himself, flying 2. Felony. Premunire. 4. for felony, although not guilty of the fact, standing By killing him-out, or refusing to be tried by the county, by coning. 6. Stand-viction of felony, by verdict without judgment, ing out, etc. 7. petty larceny, or going beyond the sea without li

the heirs.

tainder,

3.

self. 5. For fly

By conviction.

8. Petty Lar- cence.

ceny. 9. Going beyond the sea without li

upon stat, sta

are

These are forfeitable to the crown, in like manner as leases for years; namely, interest gotten in other cence. Extents men's lands by extending for debt upon judgment in ple, merchant, any court of record, statute merchant, statute staple, or elegit. Wardship of recognisances; which being upon statutes, body and lands called tenants by statute merchant, or staple, the are chattels, other tenants by elegit, and by wardship of body and lands; for all these are called chattels real, and go to the executors and administrators, and not to the heirs; and are saleable and forfeitable as leases for years are.

and forfeitable.

how forfeit

able.

2. Leases for lives are also called freeholds: they Lease for life may also be made by word or writing. There must be livery and seisin given at the making of the lease by him, whom we call the lessor; who cometh to the door, backside, or garden, if it be a house, if not, then to some part of the land, and there he expresseth, that he doth grant unto the taker, called the lessee, for term of his life; and in seisin thereof, he delivereth to him a turf, twig, or ring of the door and if the lease be by writing, then commonly Indorsement of there is a note written on the backside of the lease, livery, etc. with the names of those witnesses who were present

by the sheriff

yearly value.

at the time of the livery of seisin made. This estate Lease for life is not saleable by the sheriff for debt, but the land not to be sold is to be extended for a yearly value, to satisfy the for debt, but debt. It is not forfeitable by outlawry, except in extended at a cases of felony, nor by any of the means before mentioned, of leases for years; saving in an attainder for felony, treason, premunire, and then only to the crown, and not to the lords by escheat.

by charter,

And though a nobleman or other have liberty by A man that charter, to have all felons goods; yet a tenant hold- hath bono felon. ing for term of life, being attainted of felony, doth shall not have forfeit unto the king, and not to this nobleman.

the estate, if lessee for life

If a man have an estate in lands for another be attainted. man's life, and dieth; this land cannot go to his heir, nor to his executors, but to the party that first entreth; and he is called an occupant; as before Occupant. hath been declared.

A lease for years or for life may be made also by fine of record, or bargain and sale, or covenant, to stand seised upon good considerations of marriage, or blood; the reasons whereof are hereafter expressed.

an estate may

3. Entails of lands are created by a gift, with Of estate tails, livery and seisin to a man, and to the heirs of his and how such body; this word, body, making the entail, may be be limited, demonstrated and restrained to the males or females, heirs of their two bodies, or of the body of either of them, or of the body of the grandfather or father.