forfeiture of king's title shall look no further back than to those tion for the goods, the party attainted by verdict or confession had goods and at the time of the verdict and confession given or made, chattels. 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 chattels, and The king's preserve them together, dispending only so much out officers to of them, as is fit for the sustentation of the person lon's goods in prison, without any wasting, or disposing of them tels. until conviction; and then the property of them is in the crown, and not before. seize a fe and chat may pur shall be to restitution without act a pardon a chase, and shall inherit It is also to be noted, that persons attained for a fe- A person lony or treason have no capacity in them to take, ob- attainted tain, or purchase, save only to the use of the king, un- chase, but it til the party be pardoned. Yet the party getteth not the king's back his lands or goods without a special patent of use. There restitution, which cannot restore the blood without can be no an act of parliament. So if a man have a son, and in blood then is attained of felony or treason, and pardoned, and purchaseth lands, and then hath issue another ment; son, and dieth; the son he had before he had his par- enableth don, although he be his eldest son, and the patent man to purhave the words of restitution to his lands, shall not the heir beinherit, but his second son shall inherit them, and not gotten after the first; because the blood is corrupted by the at- those lands. tainder, and cannot be restored by patent alone, but by act of parliament. And if a man have two sons, and the eldest is attained 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, afterward or before, though he be pardoned after the death of his father. IV. PROPERTY of lands by conveyance is first Property of land by convey- distributed into estates for years, for life, in tail, and ance divid ed into, fee-simple. These estates are created by word, by writing, or in fee. 2. by record. In tail. 3. For life. 4. 1. For estates of years, which are commonly called For years. leases for years, they are thus made: where the + Leases for years, go the execu 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 reserved or no, it is not material. Unto these † leases there may be annexed they to such exceptions, conditions, 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, judgments of debts or damages. They be also forfeitable to the crown by outlawry, by 1. In trea- attainder for treason, felony, or premunire, killing son. 2. FeFehimself, flying for felony, although not guilty of the Premunire. fact, standing out, or refusing to be tried by the ing himself. County, by conviction of felony, by verdict without 5. For fly- judgment, petty larceny, or going beyond the sea without licence. tors, and not Leases are to be for feited by ettainder, lony. 3. 4. By kill ing. 6. Standing By convic ceny. 9. out, etc. 7. These are forfeitable to the crown, in like manner tion. 8. as leases for years; namely, interest gotten in other Petty Lar- men's lands by extending for debt upon judgment in Going be- any court of record, statute merchant, statute staple, yond the recognisances; which being upon statutes, are called tenants by statute merchant, or staple, the other tenants by elegit, and by wardship of body and staple, mer- lands; for all these are called chattels real, and go chant, or to the executors and administrators, and not to the Wardship heirs; and are saleable and forfeitable as leases for of body and years are. sea without licence. Extents upon stat. elegit. 'nds are able. life how 2. Leases for lives are also called freeholds: they chattels, may also be made by word or writing. There must and forfeit be livery and seisin given at the making of the lease Lease for by him, whom we call the lessor; who cometh to forfeitable. 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 a lease be by writing, then commonly there Indorseis a note written on the backside of the lease, with ment of lithe names of those witnesses who were present at the time of the livery of seisin made. This estate is not Lease for saleable by the sheriff for debt, but the land is to be life not to extended for a yearly value to satisfy the debt. It is the sheriff not forfeitable by outlawry, except in cases of felony, for debt, nor by any of the means before mentioned, of leases ed at a for years; saving in an attainder for felony, treason, value. premunire, and then only to the crown, and not to the lords by escheat. very, etc, be sold by yearly hath bona And though a nobleman or other have liberty by A man that charter, to have all felons goods; yet a tenant holding felon. by for term of life, being attainted of felony, doth forfeit charter, unto the king, and not to this nobleman. shall not have the lessee for If a man have an estate in lands for another man's estate, if life, and dieth; this land cannot go to his heir, life be atnor to his executors, but to the party that first entereth; tainted. and he is called an occupant; as before hath been Occupant. 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. tails, and may be li 3. Entails of lands are created by a gift, with Of estate livery and seisin to a man, and to the heirs of his how such body; this word, body, making the entail, may be an estate demonstrated and restrained to the males or females, mited, heirs of their two bodies, or of the body of either of them, or of the body of the grandfather or father. By the stat. made in Ed. 1.'s Entails of lands began by a statute made in Ed. of West. 1. I.'s time, by which also they are so much strengthened, as that the tenant in tail could not put away time,estates the land from the heir by any act of conveyance so strength- or attainder; nor let it, nor incumber it, longer than his own life. in tail were ened, that they were not forfeitable by any inconve ensued thereof. But the inconvenience thereof was great, for by attainder. that means the land being so sure tied upon the heir The great as that his father could not put it from him, it made nience that the son to be disobedient, negligent, and wasteful, often marrying without the father's consent, and to grow insolent in vice, knowing that there could be no check of disinheriting him. It also made the owners of the land less fearful to commit murders, felonies, treasons, and manslaughters; for that they knew none of these acts could hurt the heir of his inheritance. It hindered men that had entailed lands, that they could not make the best of their lands by fine and improvement, for that none, upon so uncertain an estate as for term of his own life, would give him a fine of any value, nor lay any great stock upon the land, that might yield rent improved. The prejudice the crown received thereby. The stat. 4 H.VII. and 32 H.VIII. to bar estates tail by fine. 26 H.VII. Lastly, those entails did defraud the crown, and many subjects of their debts; for that the land was not liable longer than in his own life-time; which caused that the king could not safely commit any office of account to such whose lands were entailed, nor other men trust them with loan of money. These inconveniences were all remedied by acts of parliament; as namely, by acts of parliament later than the act of entails, made 4 H. VII. 32 H. VIII. a tenant in tail may disinherit his son by a fine with proclamation, and may by that means also make it subject to his debts and sales. By a statute made 26 H. VIII. a tenant in tail 32 H.VIII. doth forfeit his lands for treason; and by another act of parliament, 32 H. VIII. he may make leases good against his heir for one-and-twenty years, or three lives; so that it be not one of his chief houses, 13 et 39 Eliz. En lands, or demesne, or any lease in reversion, nor less rent reserved than the tenants have paid most part of one-and-twenty years before, nor have any manner of discharge for doing wastes and spoils: by a statute made 33 H. VIII. tenants of entailed lands are 33 H. VIII. liable to the king's debt's by extent; and by statutes made 13 and 39 Eliz. they are saleable for the arrear- tails two ages upon his account for his office; so that now it 1. Not forresteth, that entailed lands have two priviliges only, feitable for which be these: First, not to be forfeited for felonies. felony. 2. Secondly, not to be extended for debts after the tendable party's death, except the entails be cut off by fine and debts of the recovery. privileges; Not ex for the party after his death: his next do, to for heir must an addition. would bring But it is to be noted, that since these notable proviso, not statutes, and remedies provided by statutes, to dock to entails, there is started up a devise called perpe- heir. If he tuity, which is an entail with an addition of a pro-feit his esviso conditional, tied to his estate, not to put away tate, and the land from his next heir; and if he do, to forfeit the next his own estate. Which perpetuities, if they should enter. Of a stand, would bring in all the former inconveniencies which is an perpetuity, subject to entails, that were cut off by the former entail with mentioned statutes, and far greater; for by the per- These perpeptuity, if he that is in possession start away never petuities so little, as in making a lease, or selling a little in all the quillet, forgetting after two or three descents, as convenienoften they do, how they are tied; the next heir cies of esmust enter, who peradventue is his son, his brother, tates entail. uncle, or kinsman: and this raiseth unkind suits, The inconsetting all the kindred at jars, some taking one of those part, some another, and the principal parties wast- perpetuiing their time and money in suits of law; so that in the end they are both constrained by necessity to join in a sale of the land, or great part of it, to pay their debts, occasioned through their suits. And if the chief of the family, for any good purpose of of well seating himself, by selling that which lieth far off, to buy that which is near, or for the advancement of his daughters or younger sons, should have reasonable cause to sell, this perpetuity, if it should hold good restraineth him. And more than that, veniencies ties, |