other son, and dieth; the son he had before his pardon, although he be his eldest son and the patent have words of restitution of his lands, shall not inherit this land, but his second son shall and for the land he had before his pardon and is restored, also the second son shall inherit it, and not the first; because the blood betwixt him and the first is corrupted by the attainder and cannot be restored by patent alone, without 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 leave 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 there shall be accounted to die without heir, and the land shall escheat; and if the eldest son outlive the father, then 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. Properties of lands by conveyance are distributed into divers estates, viz. for years, for life, in tail, and fee-simple.

These estates are created by word, by writing, or by record.

1. For estates of years, which are commonly called leases for years, they are thus made where the owner of the land agreeth with another by word of mouth, that this other shall hold and enjoy the land, or take the profits of it, for a time certain of years, months, or days, agreed between them; and this is called a lease parol. Such a lease may also be made by writing

poll, or by writing indented by words 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 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 or administrators; they be saleable for debts in the life of the owner, or in the executors' or administrators' hands, by writs of execution upon statutes, recognizances, and judgments of debts or damages. They be forfeitable to the crown by outlawry, by attainder of treason, felony, or premunire, by killing himself, flying for felony although not guilty of the fact, standing mute 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.

Of like nature as leases for years are interests gotten in other men's lands, by extending for debt upon judgment in any court of record, statute merchant, statute staple, or recognizances, (which being upon statutes are called tenants by statute merchant, or staple ;— the other tenants by elegit,) and by wardship of body and lands for all these are also called chattels real, and do go to executors and administrators and not to the heirs, and are saleable and forfeitable as leases for years are.

2. Leases for lives are called freeholds. They may also be made by word, writing, or record: if by word or writing there must be livery and seisin given at the making of the lease; which livery and seisin is done in this manner: the maker of the lease which we call the lessor, cometh to the door, back side, or garden, if it be

a house, if not, then to some part of the land,and there expresseth, that he doth grant it to the taker, called the lessee, for term of his life, and, in seisin thereof, he delivereth to him a turf, or 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 witnesses' names. This estate for life is not saleable by the sheriff for debt, but the land is to be extended at a yearly value to satisfy the debt. It is not forfeitable for outlawry, except in felony, nor by any of the means before mentioned of leases for years, saving attainders for felony, treason, or premunire; and then only to the crown, not to the lord by escheat.

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

If a man have an estate in lands for another man's life, and dieth; this land cannot go to his heir, nor to his executors, but to the party that first entereth; and he is called an occupant, as before in the former part of this discourse is declared.

A lease for years or for life, may also be made by fine of record, or bargain and sale, or covenant to stand seised upon good consideration of marriage or blood: the reasons whereof are hereafter expressed.

3. Entails of lands are created by a gift, with livery and seisin, to a man and the heirs of his body. The word "body" (making the entail) may be demonstrated or restrained to males or females, heirs of their two bodies, heirs of the body of his father or grandfather.

Entails began by a statute made in Edw. I.'s time;

by which also they are so much strengthened, as the tenant in tail could not put away the land from the heir by any act of conveyance or attainder, nor let it nor encumber it longer than his own life.

But the inconvenience thereof was great; for by that means, the land being so sure tied upon the heir as 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 disinherison over him. It also made the owners of land less fearful themselves to commit murders, felonies, treasons, and manslaughters; for that they knew none of these acts could hurt the heir in 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: and lastly, these entails did defraud the crown and many subjects of their debts; for that the land was not liable longer than his own life time; which made that the King could not safely commit any office of account to such whose lands were entailed, nor other men trust them with loans of money.

These inconveniences were all remedied by acts of parliament later than the act of entails; as namely, by statutes made 4 H. VII. and 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 doth forfeit his lands for treason; and by

another statute, 32 H. VIII. he may make leases good against his heir for one and twenty years, or three lives, so it be not of his chief houses, lands, or demesne, nor a lease in reversion, nor less rent reserved than the tenants have paid most part of one and twenty years before, nor having any manner of discharge for doing wastes or spoils; and by a statute made 33 H. VIII. tenants of entailed lands are liable by extent for the King's debts; and by statutes made 13 and 39 Eliz. they are saleable for the arrearages upon his account for his office. So that it resteth only that entailed lands have now these two privileges: not to be forfeited for felonies, nor to be extended for debts after the party's death, except the entail be cut off by fine and recovery.

But it is to be noted, that since these notable remedies provided by the statute to dock entails, there is started up a device called perpetuity; which is an entail with an addition of a proviso conditional, tied to his estate, not to put away the land from the next heir; and if he do, to forfeit his own estate. Which perpetuities, if they should stand, would bring in all the former inconveniences of entails, that were cut off by the former mentioned statutes; and far greater: for, by the perpetuity, if he that is in possession start away never so little, in making a lease, or selling a little. quillet, forgetting after two or three descents, as often they do, how they are tied; the next heir must enter, who peradventure is his son, his brother, uncle, or kinsman and this raiseth an unkind suit, setting all the kindred at jars, some taking part with one side, some with the other, and the principals wasting their time and money in suits of law: so that in the end

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