Flying for felony a forfeit ure of goods.

tried, and

He that yieldeth

his body upon felony forfeiteth

the exigent for his goods.

A man that being pursued for felony, and flieth for it, loseth his goods for his flying, although he return and is found not guilty of the fact.

So a man indicted of felony, if he yield not his body to the sheriff until after the exigent of proclamation is awarded against him, this man doth forfeit all his goods for his long stay, although he be found not 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.

Attainder in fe

lony or treason

by verdict, con

fession, or out

lawry,forfeiteth

from the time

committed.

And so it is

der of outlawry,

1. That men attainted* of felony or treason, by verdict or confession, do forfeit all the lands they had at the time of their offence committed, and the all they had king or the lord, whosoever of them of the offence hath 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 treason by outlawry; but upon attainder of felony by outlawry it hath been much doubted by the law books whether the lord's title by escheat shall relate back to the time of the offence done, or only to the date or test of the writ of exigent for proclamation, whereupon he is outlawed; how-upon anar, beit at this day it is ruled, that it shall otherwise it is reach back to the time of his fact, but by verdict, confor goods, chattels, and debts, the lawry, as to king's title shall look no further back for the forfei than to those goods, the party attainted and chattels, 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 parties first apprehension, the king's officers are to seize all the goods and chattels, and preserve them together, dispending only so much out and chattels of them as is fit for the sustentation of the person in prison, without any wasting, or disposing them until conviction, and then the property of them is in the crown, and not before.

in the attainder

fession, and out

their relation

ture of goods

The king's officers upon the

apprehension of seize his goods

A person at

d

be to the

There can be no

blood without

restitution in act of parlia pardon enableth chase, and the after shall inhe

ment, but a

a man to pur

heir begotten

rit those lands

It is also to be noted, that persons tainted may attainted of felony or treason have no purchase, but it capacity in them to take, obtain, or king's use. purchase, save only to the use of the king, until the party be pardoned. Yet the party giveth not back his lands or goods without a special patent of restitution, which can not restore the blood without an act of parliament. So if a man have a son, and then is attainted of felony or treason, and pardoned, and purchaseth lands, and then hath issue another son, and dieth, the son he had before he had his pardon, although he be his eldest son, and the 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 *Of the relation of attainders, as to the forfeiture of lands and goods with the diversity.

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.

Property of lands by conveyance is first distributed into estates for years, for life, in tail, and feesimple.

Property of

in fees.

2. In tail. 3. For life.

4. For years.

THESE estates are created by word, land by ivided by writing, or by record. For estates into, 1. 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 parol; such a lease may they go to the be made by writing pole, or indented not to the heirs. of devise, 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 such exforfeited by at- ceptions, 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 exe

Leases for years

executors and

Leases are to be

tainder.

1. In treason. 2. Felony.

3. Premunire.

4. By killing himself.

5. For flying.

or mute, or refusing to be

tried by the
country.
7. By convic

larceny.

9. Going be. yond the sea

& Standing out, cutors and administrators, and be saleable for debts in the life of the owner, or in the executors' or administrators' tion. 8. Petty hands by writs of execution upon statutes, recognisances, judgments of without license. debts or damages. They be also forfeitable to the crown by outlawry, by attainder for treason, felony, or premunire, killing himself, flying for felony, although not guilty of the fact, standing out or refusing to be tried by the country, by conviction of felony, by verdict without judgment, petty larceny, or going beyond the sea without license.

Extents upon stat. staple, merchant, elegit, wardship of body and

tels, and forfeitable in the same manner as leases for years are.

They are forfeitable to the crown, in like manner as leases for years, or interest gotten in other men's lands, lands are chat by extending for debt upon judgment in any court of record, stat. merchant, stat. staple, recognisances; which being upon statutes are called tenants by stat. merchant, or staple, the 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.

*

fore mentioned

years.

be a house, if not, then to some part of the means be the land, and there he expresseth, that of leases for 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 there is a note written on the back side of the lease, with the names of those witnesses who were present at the time of the livery of seisin made. This estate is not saleable by the sheriff for debt, but the land is to be extended for a yearly value, to satisfy the debt. It is not forfeitable by outlawry, except in cases of felony, nor by any of the means before mentioned, of leases for years; saving in an attainder for, and felony, treason, premunire, and then only to the crown, not to the lords by escheat.

And though a nobleman or other have liberty, by charter, to have all felon's goods, yet a tenant holding for term of life, being attainted of felony, doth forfeit unto the king, and not to this nobleman.

Lease for life

not be sold for debt but ex

by the sheriff tended yearly.

A man that

hath bona felon. shall not have leaser for life

by charter,

the means if

be attainted.

But the inconvenience thereof was The great ingreat, for, by that means, the land convenience being so sure tied upon the heir, as that thereof. his father could not put it from him, it made 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 Endorsement of livery upon the back of the deed, and witness of it.

Atturnment must be had to the grant of the reversion

And if the giver will dispose of the reversion after it remaineth in himself, he is to do it by writing, and not by word, and the tenant is to have notice of it, and to atturn it, which is to give his assent by word, or paying rent, or the like; and except the tenant will thus atturn, the party to whom the reversion is granted cannot have the reversion, neither can he compel him by any law to atturn, except the grant of the reversion be by fine; and then he may by writ provided for that purpose: and if he do not purchase that writ, yet by the fine the reversion shall pass; and the tenant shall pay no rent, except he will himself, nor be punished for any wastes in houses, woods, &c., unless it be granted by bargain and sale by indenture enrolled. These fee-simple estates lie open to all perils of forfeitures, extents, encumbrances, and sales.

The tenant not compellable to atturn but where the reversion is granted by fine.

What a fine is,

may be convey. ed hereby.

Five years non claim barreth

A fine is a real agreement, beginning and how lands thus, Hæc est finalis concordia, &c. This is done before the king's judges in the Court of Common Pleas, concerning lands that a man should have from another to him and his heirs, or to him for his life, or to him and the heirs males of his body, or for years certain, whereupon rent may be reserved, but no condition or covenants. This fine is a record of great credit, and upon this fine are four proclamations made openly in the Common Pleas; that is, in every term one for four terms together: and if any man, having right to the same, make not his claim within five years after the proclamations ended, he loseth his right, for ever, except he be an infant, a woman covert, a madman, or beyond the seas, and then his right is saved; so that he claim within five years after the death of her husband's full age, recovery of his wits, or return from beyond the seas. This fine is called a feoffment ment of record. of record, because that it includeth all that the feoffment doth, and worketh further of his own nature, and barreth entails peremptorily, whether the heir doth claim within five years or not, if he claim by him that levied the fine.

not,

1. An infant.

2. Feme covert. 3. Madman. 4. Beyond sea.

Fine is a feoff.

may be

the cryers of the

warranted unto him, and pray that I. H. called in to defend the title which I. H. is one of the cryers of the Common Pleas, and Common is called the common voucher. This voucher of one I. H. shall appear and make as if he court. would defend it, but shall pray a day to be assigned him in his matter of defence, which being granted him, at the day he maketh default, and thereupon the court is to give judgment against him, which cannot be for him to lose his lands, because he hath it not, but the party that he hath sold it to, hath that who vouched him to warrant it.

Judgment for

the demandant ant in tail.

against the te

Therefore the demandant who hath no defence made against it, must have judgment to have the land against him that he sued, (who is called the tenant,) and the tenant is to have judgment against I. H. to recover in value so much land of his, Judgment for where, in truth, he hath none, nor never tenant to rewill. And by this device, grounded land in value of upon the strict principles of law, the voucher. first tenant loseth the land, and hath nothing for it; but it is by his own agreement, for assurance to him that bought it.

cover so much

the common

A recovery bartail, and all re

reth an escheat versions and re

maindments

This recovery barreth entails, and all remainders and reversions that should take place after the entails, saving where the king is giver of the entail, thereupon. and keepeth the reversion to himself, then neither the heir, nor the remainder, nor reversion is barred by the recovery.

very barreth

der and reversions.

The reason why the heirs, remainders The reason why and reversions are thus barred is be- a common recocause in strict law the recompense ad- those in remain judged against the cryer that was vouchee, is to go in succession of estate as the land should have done, and then it was not reason to allow the heir the liberty to keep the land itself and also to have recompense; and, therefore, he loseth the land, and is to trust to the recompense.

This sleight was first invented when entails fell out to be so inconvenient as is before declared, so that men made no conscience to cut them off if they could find law for it. And now by use, those recoveries are become common assurances against entails, remainders, and reversions, and are the greatest security purchasers have for their moneys; for a fine will bar the heir in tail, and not the remainder, nor reversion, but a common recovery, will bar them all. Upon feoffments and recoveries, the estate doth settle as the use and intent of the parties is declared by word or writing, before the act was done; As for example; they make a writing that one of them shall levy a fine, make a feoffment, or suffer a common recovery to the other, but the use and intent is, that one should have it for his

Upon fines, feoffments, and reestate doth setthe intent of

coveries, the

tle according to the parties.

What a use is.

The use is but the equity and honesty to hold the land in conscientia boni viri. As for example; I and you agree that I shall give you money for your land, and you shall make me assurance of it. I pay you the money, but you made me no assurance of it. Here, although the estate of the land be still in you, yet the equity and honesty to have it is with me; and this equity is called the use, upon which I had no remedy but in Chancery, until this statute was made of 27 H. VIII. and now this there was no re- statute conjoineth and containeth the land to him that hath the use. I for my money paid to you have the land itself, without any other conveyance from you, and it is called a bargain and sale.

Before 27 H. 8.

medy for a use, but in Chancery.

The stat. of 27 H. S. doth not

But the parliament that made that statute did foresee that it would be the payment of mischievous that men's lands should money without

pass land upon

and enrolled.

The stat. of 27

not into cities

towns where

enrol deeds.

a deed indented so suddenly, upon the payment of a little money, be conveyed from them, peradventure in an alehouse or a tavern, upon strainable advantages, did therefore gravely provide another act in the same parliament, that the land, upon payment of this money, should not pass away, except there were a writing indented made between the said two parties, and H 8. extendeth the said writing also within six months and incorporate enrolled in some of the courts at Westthey did use to minster, or in the sessions rolls in the shire where the land lieth, unless it be in cities or corporate towns where they did use to enrol deeds, and there the statute extendeth not. The fifth conveyance of a fine is a conveyance to stand seised to uses. It is in this sort; a man that hath a wife and children, brethren, and kinsfolk, may by writing under his hand and seal, agree to stand see that for their or any of their preferment to the use of any he will stand seised of his lands to their uses, either for life in tail or fee, so as he shall see cause; upon which agreement in writing there ariseth an equity or honesty, that the land should go according to those agreements; nature and reason

A conveyance to stand seised to a use.

Upon an agree

seised

of his kindred, a use may be created, and the estate of the land thereupon executed, by 27 H. 8.

allowing these provisions, which equity and honesty is the use. And the use being created in this sort, the statute of 27 H. VIII. beforementioned, conveyeth the estate of the land, as the use is appointed.

A ovenant to

stand sensed to no enrolment,

a use needeth

as a bargain

and ale to use the use of wife, or one be mean

doth, so it be to

eth to marry.

And so this covenant to stand seised to uses is at this day, since the said statute, a conveyance of land, and with this difference from a bargain and sale; in that this needeth no enrolment as a bargain and sale doth, nor needeth it to be in writing indented, as bargain and sale must: and if the party to whose use he agreeth to stand seised of the land, be not wife, or child, cousin, or one that he meaneth to marry, then will no use rise, and so no conveyance; for although the law alloweth such weighty considerations of marriage and blood to raise uses, yet doth it not admit so trifling considerations as of acquaintance, schooling, services, or the like. But where a man maketh an estate of his land to others by fine, feoffment, or recovery, he may then appoint the use to whom he listeth, without respect of marriage, kindred, or other things; for in that case his own will and declaration guideth the equity of the estate. It is wise, in a barnot so when he maketh no estate, but or covenant. agreeth to stand seised, nor when he hath taken any thing, as in the cases of bargain, and sale, and covenant, to stand to uses.

The not giving of land by will was The not dis thought to be a defect at common law; posing of lands that men in wars, or suddenly falling thought to be sick, had not power to dispose of their common law. lands, except they could make a feoffment, or levy a fine, or suffer a recovery, which lack of time would not permit; and for men to do it by these means, when they could not undo it again, was hard: besides, even to the last hour of death, men's minds might alter upon further proofs of their children or kindred, or increase of children or debt, or defect of servants, or friends, to be altered.

For which cause it was reason that the law should permit him to reserve to the last instant the disposing of his lands, and to give him means to dispose it, which seeing it did not fitly serve, men used this device.