The works of Francis Bacon, lord chancellor of England.

THE USE OF THE LAW. 253
writ. But, because at his first summons their Property in Lands is gotten and transferred by one
falleth no punishment upon the four and twenty to another, by thesefour mamnner of ways;
if they come not, they very seldom or never appear 1. By Entry.
Themannerof upon the first writ, and upon their de- 2. By Descent.
p ticeeding of fault there is another writs'` returned to 3
justices of cir. th By Eseheat.
uittheir the sheriff, commanding him to distrain 4. Most usually by Conveyance.
Tjude holdgin them by their lands to appear at a cer- 1. Property by entry is, where a man
their circuit in O property of
thei c'r,,t in tain day appointed by the Weit, which findeth a piece of land that no other npds obef
ofthein day p eined by entry.
nission con- is the next term after, tisi Pris justi- possesseth or hath title unto and he d by entry.
taking thneii nosfri ad assizas capiendas vene- that so findeth it doth enter, this entry gaineth a
ru riit, &c. of which words the writ is property; this law seemeth to be derived from
called a Jnisi prius, and the judges of the circuit this text, terra dedit fillis honviitum, which is to
of that county in that vacation and mean time be understood, to those that will till and manure
before the day of appearance appointed for the jury it, and so make it yield fruit; and that is he that
above, here by their commission of Nisi Prius entereth into it, where no man had it before.
have authority to take the appearance of the jury But this manner of gaining lands was in the first
in the county before them, and there to hear the days, and is not now of use in England, for that
witnesses and proofs on both sides concerning by the conquest all the land of this nathe issue of fact, and to take the verdict of the tion was in the Conqueror's hands, England w.re
the Covquerjury, and against the day they should have ap- and appropriated unto him, except re- ot'sandapproe
priated to him
peared above, to return the verdict read in the ligious and church lands, and the lands upon the conquest of Engcourt above, which return is called a in Kent, which by composition were land, and held
Posves, of hint e.cept
postea. left to the former owners, as the Con- I. Rligious, except
and church
And upon this verdict clearing the matter in queror found them, so that no man but lands. 2. The
lands of the
fact, one way or other, the judges above give the bishopricks, churches, and the men men of KLnt.
Land left by the
judgment for the party for whom the verdict is of Kent, can at this day make any sea belongethto
found, and for such damages and costs as the jury greater title than from the conquest to king.
do assess. any lands in England; and lands possessed withBy those trials called Nisi Prius, the juries and out any such title are in the crown, and not in
the parties are eased much of the charge they him that first entereth; as it is by land left by the
should be put to, by coming to London with their sea, this land belongeth to the king, and not to:vidences and witnesses, and the courts of West- him that hath the lands next adjoining, which
minster are eased of much trouble they should was the ancient sea banks. This is to be underhave if all the juries for trials should appear and stood of the inheritance of lands; viz. that the
try their causes in those courts; for those courts inheritance cannot be gained by the first entry.
above have little leisure now; though the juries But an estate for another man's life by out-laws
come not up, yet in matters of great weight, or may, at this day, be gotten by entry. As a man
where the title is intricate or difficult, the judges called A. having land conveyed unto him for the
above upon information to them, do retain those life of B. dieth without making any estate of it
causes to be tried there, and the juries do at this there, whosoever first entereth into the land after
day in such causes come to the bar at Westminster. the decease of A. getteth the property in the land
The fifth commission that the judges for time of the continuance of the estate which
5. Commission
isacommission in their circuits do sit by, is the com- was granted to A. for the life of B. which B. yet
of the peace.
mission of the peace in every county liveth and therefore the said land cannot revert
of their circuit. And all the justices of the peace, till B. die. And to the heir of A. it cannot go,
having no lawful impediment, are bound to be for that it is not any state of inheritance, but only
present at the assizes to attend the judges, as oc- an estate for another man's life; which is not delasion shall call out; if any make default, the scendable to the heir, except he be specially
Ttlejusticesof judges may set a fine upon him at their named in the grant: viz. to him and his heirs.
thehriatpleasure and discretions. Also the As for the executors of A. they cannot have it,
judgesin their sheriff in every shire through the cir- for it is not an estate testamentary, that it should
counlty. cuit is to attend in person, or by a suf- go to the executors as goods and chattels should,
ficient deputy allowed by the judges, all that time so as in truth no man can entitle himself unto
they be within the county, and the judges may those lands; and therefore the law preferreth him
fine him if he fail, or for negligence or misbe- that first entereth, and he is called occu-t
haviour in his office before them; and the judges pans, and shall hold it during the life Occupancy
above may also fine the sheriff for not returning of B. but must pay the rent, perform the condior not sufficient returning of writs before them. tions, and do no waste. And he may by deed
assign it to whom he please in his life time.
* Distringas. But if he die before he assign it over, then it shall
Y