The works of Francis Bacon, lord chancellor of England.

THE USE OF THE LAW. 259
shall there be accounted to die without heir, and be a house, if not, then to some part of the meansbe.
fore mentioned
the land shall escheat, whether the eldest son the land, and there he expresseth, that of leases for
have issue or not afterward or before, though he he doth grant unto the taker, called the years.
be pardoned after the death of his father. lessee, for term of his life: and in seisin thereof,
he delivereth to him a turf, twig, or ring of the
Property of lands by conveyance is first distributed door; and if the lease be by writing, then cominto estates for years, for ife, in tail, and fee- monly there is a note written on the back side of
sinmple. the lease,:' with the names of those witnesses
Propperyof THESE estates are created by word, who were present at the time of the livery of,Property of.
velance divided by writing, or by record. For estates seisin made. This estate is not saleinto, 1. Esates of years, which are commonly called able by the sheriff for debt, but the Lease for life
i~ fjees. able by the sold
i. Eutail. by tee sheriff. tail leases for years, tlhey are thus made; is to be extended for a yearly value, to for debt but e-riff
3. For life. foodeb yal
4. For years. where the owner of the land agreeth satisfy the debt. It is not forfeitable tended yearly.
with the other by word of mouth, that the other by outlawry, except in cases of felony, nor by
shall have, hold, and enjoy the land, to take the any of the means before mentioned, of leases for
profits thereof for a time certain of years, months, years; saving in an attainder for, and felony,
weeks, or days, agreed between them, and this is treason, premunire, and then only to the crown,
Lases.roryeas called a lease parol; such a lease may not to the lords by escheat.
Ltoes foyrr atlesetprol
oy go to the be made by writing pole, or indented And though a nobleman or other
d tot w reiseng pose andisnoug A mais that
t oltreirs. of devise, grant, and to farm let, and so have liberty, by charter, to have all hatlh bona felon.
by charter,
also by fine of record; but whether any rent be felon's goods, yet a tenant holding for shall not have
IIthe means if
reserved or no, it is not material. Unto these term of life, being attainted of felony, teaser fr life
L..ses areto b leases there may be annexed such ex- doth forfeit unto the king, and not to be ollainted.
forfeited by at. ceptions, conditions, and covenants, as this nobleman.
2. trFelason. the parties can agree on. They are If a man have an estate in lands for another. oorlemr, called chattels real, and are not inhe- man's life, and dieth, this land cannot
5. For fyin. ritable by the heirs, but go to the exe- go to his heir, nor to his executors, but Occupant.
e. sta..di., out, cutors and administrators and be aleOF Ilrle or re- cutors and administrators, and be sale- to the party that first entereth, and he is called
frsidg o be table for debts in the life of the owner, an occupant as before hath been declared.
try.d by lie
C. *.... or in the executors' or administrators' A lease for years, or for life, may be Of estate tlos,
7. B ety hand fin or Od eIrons sseh
tion. 8, Petty hands by writs of execution upon made also by fine of record, or bargain an esthote may
la"ce"y. an estate mae
9. Going be. statutes, recognisances, judgments of and sale, or covenant, to stand seised be liited.
you2 the seatadslocoeattosadsiebeine.
without li.en... debts or damages. They be also for- upon good considerations of marriage, or blood,
feitable to the crown by outlawry, by attainder the reasons whereof are hereafter expressed.
for treason, felony, or prcmunire, killing himself, Entails of lands are created by a gift, with
flying for felony, although not guilty of the fact, livery and seisin to a man, and to the heirs of his
standing out or refusing to be tried by the coun- body; this word (body) making the entail may
try, by conviction of felony, by verdict without be demonstrated and restrained to the males or
judgment, petty larceny, or going beyond the sea females, heirs of their two bodies, or of the body
without license. of either of them, or of the body of the grandfather
Extents upon They are forfeitable to the crown, in or father.
stat. staple, like manner as leases for years, or Entails of lands began by a statute
merchant, ele ta by te sta. of
gilrarsi srto.cata.me'mae Ewr TO.~.~. West. 1.omade
itof body andp interest gotten in other men's lands, made in Edward the First's time, by,est. i. madI.te,
ofboyan d inE.....hatlonds are chat- by extending for debt upon judgment which also they are so much strength- estates in tail
eles, coand for- zn. ZD - were so
fellable ia the. cut rc
saeable in the in any court of record, stat. merchant, ened, as that the tenant in tail could not strengthened
same nianrner that they were
as lease.. for ofreial
years are. stat. staple, recognisances; which be- put away the land from the heir by any by an aettaining upon statutes are called tenants by act of conveyance or attainder, nor let der.
stat. merchant, or staple, the other tenants by it, nor encumber it, longer than his own life.
elegit, and by wardship of body and lands, for But the inconvenience thereof was Thegreat inall these are called chattels real, and go to the great, for, by that means, the land e............
tht ensued
executors and administrators, and not to the heirs, being so sure tied upon the heir, as that thereof.
and are saleable and forfeitable as leases for his father could not put it from him, it made the
years are. son to be disobedient, negligent, and wasteful,
Lease for life is Leases for lives are also called free- often marrying without the father's consent, and.
not forfeitablee holds, they may also be made by word to grow insolent in vice, knowing that there could
ho oatlaswry exfelopt in caes of or writing, there must be livery and be no check of disinheriting him. It also made
felony or pree liey b dsneiin t md.r..oire, c.ad seisin* givenat the nmakingofthelease, the owners of the land less fearful to commit
then to tire slag,
acd not to the whom we call the lessor, who cometh murders, felonies, treasons, and manslaughters;
lord bypesebeatt
eand it is not for- to the door, back side, or garden, if it for that they knew none of these acts could hurt
* What livery of seisin is, and how it is requisite to every * Endorsemnent of livery upon the back of the deed, and wit.
estate for life. ness of it.