The works of Francis Bacon, lord chancellor of England.

258 THE USE OF THE LAW..raying his clergy, and thereupon reading as a 1. That men attainted* of felony or Atinder in
Attaindcr in fe3lerk, and so burnt in the hand and discharged, is treason, by verdict or confession, do lony or tre.son.
by verdict, connot attainted, because he, by his clergy, prevent- forfeit all the lands they had at the time feaso, or oatn ~~~~~~~~~~~~~~~~~~~~~~~~lawvry,fbr feiteth
eth the judgment of death, and is called a clerk of their offence committed, and the all tlhey had
froml the time
convict who loseth not his lands, but all his king or the lord, whosoever of them of tile offllce
goods, chattels, leases and debts, ~~~~~~~~~~~~~~~~~~~~~~contmitted.
goods, chattels, leases and debts. hath the escheat or forfeiture, shall
le that stnd So a man indicted, that will not an- come in and avoid all leases, statutes, or conveyI-I that staodath nlute for- swer, nor put himself upon trial, al- ances done by the offender, at any time since the
feiteth no lands,.t.t. tfo..... though he be by this to have judgment offence done. And so is the law clear also if a.....
of pressing to death, yet he doth for- man be attainted for treason by outlawry; but
felt no lands, but goods, chattels, leases, and upon attainder of felony by outlawry it hath been
debts, except his offence be treason, and then he mfich doubted by the law books whether the
forfeiteth his lands to the crown. lord's title by escheat shall relate back to the
He thtt killeth So a man that killeth himself shall time of the offence done, or only to the date or
hillisetl rfofit- not lose his lands, but his goods, chat- test of the writ of exigent for proclama-.At0 it
chattels. tels, leases, and debts. So of those tion, whereupon he is outlawed; how-.on aatior n
derofooullawry,
that kill others in their own defence, or by mis- beit at this day it is ruled, that it shall othlrvsitis
in the altainder
fortune. reach back to the time of his fact, but by verdict, rot.
fession, and out.
Amanthat being pursued for felony, for goods, chattels, and debts, the...ry;.nto
Flying for fer th ation
lo a forfeit- and flieth for it, loseth his goods for king's title shall look no further back'ol trU foi...re ofgoods. tture.f goods
his flying, although he return and is than to those goods, the party attainted tndchattotl.
tried, and found not guilty of the fact. by verdict or confession had at the time of the
So a man indicted of felony, if he verdict and confession given or made, and in outHe trat yieltrtth
htio, h pot n yield not his body to the sheriff until law-ries at the time of the exigent, as well in treathe exizent for
felontforfeiteth after the exigent of proclamation is sons as felonies: wherein it is to be observed,
ris gaoda.
awarded against him, this man doth that uponthe parties first apprehension, Thttitr'n ot.
forfeit all his goods for his long stay, although he the king's officers are to seize all the roo..trn.heo
otapprehension of
be found not guilty of the felony; but none is goods and chattels, and preserve them sez talo oodt
seize tris garrdn
attainted to lose his lands, but only such as have together, dispending only so much out atd chattels.
judgoments of death, by trial upon verdict, or their of them as is fit for the sustentation of the person
own confession, or that they be by judgament of in prison, without any wasting, or disposing them
the coroners outlawed as before. until conviction, and then the property of them is
La t. entailed Besides the escheats of lands to the in the crown, and not before.
escheat to the lords of whom they be holden for lack It is also to be noted, that persons prton I
king for trea- lak It is also to oe note, apersons ntod.nay
Ponl. purchase. [Jut it
n. of heirs, by attainder for felony (which attainted of felony or treason have no prhan be to thr
only do hold place in fee-simple lands,) there are capacity in themn to take, obtain, or hiog's use.
also forfeiture of lands to the crown by attainder purchase, save only to the use of the king, until
stt! 6 H.. of treason; as namely, if one that hath the party be pardoned. Yet the party giveth not
entailed lands commit treason, he for- back his lands or goods without a spe- Thaen
feiteth the profits of the lands for his life to the cial patent of restitution, which can- rcstilntion in
blood without
crown, but not to the lord. not restore the blood without an act of act of,rarli.
inent, but a
Tenant for lfe And if a man, having an estate for parliament. So if a man have a son, pard erblethn
$O if a man have a sonpaerlooooahtoth
conmitteth na anr to purtranon tor e- life of himself or of another, commit and then is attainted of felony or trea- chase and the
Inny, t~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~heirehl begotten
lony, theeshallt to treason or felony, the whole estate is son, and pardoned, and purchaseth Iir ttren
beon, tee shati whol estnate p ardned, and afchs ter nftrhallttrenoe lorit those lands
tie lord. forfeited to the crown, but no escheat lands, and then hath issue another son,
to the lord. and dieth, the son he had before he had his parBut a copyhold for fee-simple, or for life, is don, although he be his eldest son, and the patent
forfeited to the lord and not to the crown; and if have the words of restitution to his lands, shall
it be entailed, the lord is to have it during the not inherit, but his second son shall inherit them,
life of the offender only, and then his heir is to and not the first; because the blood is corrupted
have it. by the attainder, and cannot be restored by patent
The custom of Kent is, that gavelkind land is alone, but by act of parliament. And if a man
not forfeitable nor escheatable for felony, for they have two sons, and the eldest is attainted in the
have an old saying; the father to the bough, and life of his father, and dieth without issue, the
the son to the plough. father living, the second son shall inherit the
The wife loseth If the husband was attainted, the wife father's lands; but if the eldest son have any
en pnwer onot- oshecas
witseradingo was to lose her thirds in cases of felony issue, though he die in the life of his father, then
thehasbandhn d treagson but
taintd be and treason, but yet she is no offender; neither the second son, nor the issue of the eldest,
femuy. but at this day, it is holden by statute shall inherit the father's lands, but the father
law tha~t she loseth them not for the husband's
law that she loseth them not for the husband's *Of the relation of attainders, as to the forfeiture of lands
felony. The relation of these forfeits are these. and goods with the diversity.