pray his clergy and thereupon read as a clerk and so burn in the hand and  discharge be not attaint because he by his clergy prevent the judgement of  death and be call a clerk convict who lose not his land but all his good  chattel lease and debt so a man incline that will not answer nor put himself  upon trial although he by this to have judgement of press to death yet he do  forfeit no land but good chattel lease and debt except his offence be treason  and then he forfeit his land to the crown so a man that kill himself shall not  lose his land but his good chattel lease and debt so of those that kill other  in their own defence or by misfortune a man that be pursue for felony and fly  for it lose his good for his fly although he return and be try and find not  guilty of the fact so a man indict of felony if he yield not his body to the  sheriff until after the exigent of proclamation be award against he this man  do forfeit all his good for his long stay although he be find not guilty of  the felony but none be attaint to lose his land but only such as have  judgement of death by trial upon verdict or their own confession or that they  be by judgement of the coroner outlaw as before beside the escheat of land to  the lord of who they be hold for lack of heir by attainder for felony which  only do hold place in feesimple land there be also forfeiture of land to the  crown by attainder of treason as namely if one that have entail land commit  treason he forfeit the profit of the land for his life to the crown but not to  the lord and if a man have a estate for life of himself or of another commit  treason or felony the whole estate be forfeit to the crown but no escheat to  the lord but a copyhold for feesimple or for life be forfeit to the lord and  not to the crown and if it be entail the lord be to have it during the life of  the offender only and then his heir be to have it the custom of ken be that  gavelkind be not forfeitable nor escheatable for felony for they have a old  say the father to the bough and the son to the plough if the husband be  attaint the wife be to lose her three in case of felony and treason but yet  she be no offender but at this day it be hold by statute law that she lose  they not for the husband felony the relation of these forfeit be these that  man attaint of felony or treason by verdict or confession do forfeit all the  land they have at the time of their offence commit and the king or the lord  whosoever of these have the escheat or forfeiture shall come in and avoid all  lease statute or conveyance do by the offender at any time since the offence  do and so be the law clear also if a man be attaint for treason by outlawry  but upon attainder of felony by outlawry it have be much doubt by the law book  whether the lord title by escheat shall relate back to the time of the offence  do or only to the date or test of the writ of exigent for proclamation  whereupon his be outlaw howbeit at this day it be rule that it shall reach  back to the time of his fact but for good chattel and debt the king title  shall look no further back than to those good the party attaint by verdict or  confession have at the time of the verdict and confession give or make and in  outlawry at the time of the exigent as well in treason or felony wherein it be  to be observe that upon the party first apprehension the king officer be to  seize all the good and chattel and preserve they together dispending only so  much out of they as be fit for the sustentation of the person in prison  without any waste or dispose they until conviction and then the property of  they be in the crown and not before it be also to be note that person attaint  of felony or treason have no capacity in they to take obtain or purchase save  only to the use of the king until the party be pardon yet the party give not  back his land or good without a special patent of restitution which can  restore the blood without a act of parliament so if a man have a son and then  be attaint of felony or treason and pardon and purchase land and then have  issue another son and die the son he have before he have his pardon although  he be his old son and the patent have the word of restitution to his land  shall not inherit but his second son shall inherit they and not the first  because the blood be corrupt by the attainder and can be restore by patent  alone but by act of parliament and if a man have two son and the old be  attaint in the life of his father and die without issue the father live the  second son shall inherit the father land but if the old son have any issue  though he die in the life of his father then neither the second son nor the  issue of the old shall inherit the father land but the father of the relation  of attainder as to the forfeiture of land and good with the diversity shall  there be account to die without heir and the land shall escheat whether the  old son have issue or not afterward or before though he be pardon after the  death of his father property of land by conveyance be first distribute into  estate for year for life in tail and feesimple these estate be create by word  by write or by record for estate of year which be common call lease for year  they be thus make where the owner of the land agree with the other by word of  mouth that the other shall have hold and enjoy the land to take the profit  thereof for a time certain of year month week or day agree between they and  this be call a lease parole such a lease may be make by write pole or indent  of devise grant and to farm let and so also by a fine of record but whether  any rend be reserve or no it be not material unto these lease there may be  annex such exception condition and covenant as the party can agree on they be  call chattel real and be not inheritable by the heir but go to the executor  and administrator and be saleable for debt in the life of the owner or in the  executors or administrators hand by writ of execution upon statute  recognizance judgement of debt or damage they be also forfeitable to the crown  by outlawry by attainder for treason felony or praemunire kill himself fly for  felony although not guilty of the fact stand out or refuse to be try by the  country by conviction of felony by verdict without judgement petty larceny or  go beyond the sea without licence they be forfeitable to the crown in like  manner as lease for year or interest get in other man land by extend for debt  upon judgement in any court of record stat merchant stat staple recognizance  which be upon statute be call tenant by stat merchant or staple the other  tenant by elegit and by wardship of body and land for all these be call  chattel real and go to the executor and administrator and not to the heir and  be saleable and forfeitable as lease for year be lease for life be also call  freehold they may also be make by word or write there must be livery and seize  give at the make of the lease when we call the lessor who come to the door  back side or garden if it what livery of seize be and how it be requisite to  every estate for life be a house if not then to some part of the land and  there he express that he do grant unto the taker call the lessee for term of  his life and in seize thereof he deliver to he a turf twig or ring of the door  and if the lease be by write then common there be a note write on the back  side of the lease with the name of those witness who be present at the time of  the livery of seize make this estate be not saleable by the sheriff for debt  but the land be to be extend for a yearly valve to satisfy the debt it be not  forfeitable by outlawry except in case of felony nor by any of the mean before  mention of lease for year save in a attainder for and felony treason  praemunire 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 felon good yet a tenant  hold for term of life be attaint of felony do forfeit unto the king and not to  this nobleman if a man have a estate in land for another man life and die this  land can go to his heir nor to his executor but to the party that first enter  and he be call a occupant as before have be declare a lease for year or for  life may be make also by fine of record or bargain and sale or covenant to  stand seize upon good consideration of marriage or blood the reason whereof be  hereafter express entail of land be create by a gift with livery and seize to  a man and to the heir of his body this word body make the entail may be  demonstrate and restrain to the male or female heir of their two body or of  the body of either of they or of the body of the grandfather or father entail  of land begin by a statute make in Edward the first be time by which also they  be so much strengthen as that the tenant in tail can not put away the land  from the heir by any act of conveyance or attainder nor let it nor encumber it  long than his own life but the inconvenience thereof be great for by that mean  the land be so sure tie upon the heir as that his father can not put it from  he it make the son to be disobedient negligent and wasteful often marry  without the father consent and to grow insolent in vice know that there can be  no check of disinherit he it also make the owner of the land less fearful to  commit murder felony treason and manslaughter for that they know none of these  act can hurt endorsement of livery upon the back of the deed and witness of it  the heir of his inheritance it hinder man that have entail land that they can  not make the best of their land by fine and improvement for that none upon so  uncertain a estate as for term of his own life will give he a fine of any  valve nor lie any great stock upon the land that may yield rend improve last  those entail do defraud the crown and many subject of their debt for that the  land be not liable long than his own life time which cause that the king can  not safe commit any office of account to such who land be entail nor other man  trust they with loan of money these inconvenience be all remedy by act of  parliament as namely by act of parliament late than the act of entail make h  VII h a tenant in tail may disinherit his son by a fine with proclamation and  may by that mean also make it subject to his debt and sale by a statute make h  a tenant in tail do forfeit his land for treason and by another act of  parliament h he may make lease good against his heir for twenty-one year or  three life so that it be not of his chief house land or demesne or any lease  in reversion nor less rend reserve than the tenant have pay most part of  twenty-one year before nor have any manner of discharge for do waste and spoil  by a statute make h tenant of entail land be liable to the king debt by extent  and by a statute make and Elizabeth they be saleable for the arrearage upon  his account for his office so that now it rest that entail land have two  privilege only which be these first not to be forfeit for felony second not to  be extend for debt after the parties death except the entail be cut off by  fine and recovery but it be to be note that since these notable statute and  remedy provide by statute do dock entail there be start up a device call  perpetuity which be a entail with a addition of a proviso conditional tie to  his estate not to put away the land from his next heir and if he do to forfeit  his own estate which perpetuity if they shall stand will bring in all the  former inconvenience subject to entail that be cut off by the former mention  statute and far great for by the perpetuity if he that be in possession start  away never so little as in make a lease or sell a little quillet forget after  two or three descent as often they do how they be tie the next heir must enter  who peradventure be his son his brother uncle or kinsman and this raise unkind  suit set all that kindred at jar some take one part some another and the  principal party waste their time and money in suit of law so that in the end  they be both constrain by necessity to join both in a sale of the land or a  great part of it to pay their debt occasion through their suit and if the  chief of the family for any good purpose of well seat himself by sell that  which lie far off be to buy that which be near or for the advancement of his  daughter or young son shall have reasonable cause to sell this perpetuity if  it shall hold good restrain he and more than that where many be owner of  inheritance of land not entail may during the minority of his old son appoint  the profit to go to the advancement of the young son and daughter and pay debt  by entail and perpetuity the owner of these land can do it but they must  suffer the whole to descend to his old son and so to come to the crown by  wardship all the time of his infancy wherefore see the dangerous time and  untoward heir they may prevent those mischief of undo their house by convey  the land from such heir if they be not tie to the stake by those perpetuity  and restrain from forfeit to the crown and dispose it to their own or to their  child good therefore it be worthy of consideration whether it be better for  the subject and sovereign to have the land secure to man name and blood by  perpetuity with all the inconvenience above mention or to be in hazard of undo  his house by unthrifty posterity the last and great estate of land be  feesimple and beyond this there be none of the former for life year or entail  but beyond they be feesimple for it be the great last and uttermost degree of  estate in land therefore he that make a lease for life or a gift in tail may  appoint a remainder when he make another for life or in tail or to a three in  feesimple but after a feesimple he can limit no other estate and if a man do  not dispose of the feesimple by way of remainder when he make the gift in tail  or for life then the feesimple rest in himself as a reversion the difference  between a reversion and a remainder be this the remainder be always a succeed  estate appoint upon the gift of a precedent estate at the time when the  precedent be appoint but the reversion be a estate make by he for year life or  entail where the remainder be make with the particular estate then it must be  do by deed in write with livery and seize and can be by word and if the giver  will dispose of the reversion after it remain in himself he be to do it by  write and not by word and the tenant be to have notice of it and to atturn it  which be to give his assent by word or pay rend or the like and except the  tenant with thus atturn the party to who the reversion be grant can have the  reversion neither can he compel he by any law to atturn except the grant of  reversion be by fine and then he may by writ provide 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 rend except he will himself nor be punish for any waste in  house wood c unless it be grant by bargain and sale by indenture enrol these  feesimple estate lie open to all peril of forfeiture extent encumbrance and  sale land be convey by these six mean first by feoff which be where by deed  land be give to one and his heir and livery and seize make accord to the from  and effect of the deed if a lesser estate than feesimple be give and livery of  seize make it be not call a feoff except the feesimple be convey but be  otherwise call a lease for life or gift entail as above mention a fine be a  real agreement beginning thus haec be finalis concurrence agreement c this be  do before the king judge in the court of common plea concern land that a man  shall have from another to he and his heir or to he for his life or to he and  the heir of his body or for year certain whereupon rend may be reserve but no  condition or covenant this fine be a record of great credit and upon this fine  be four proclamation make open in the common plea that be in every term one  for four term together and if any man have right to the same make not his  claim within five year after the proclamation end he lose his right for ever  except he be a infant a woman covert a madman or beyond the sea and then his  right be save so that he claim within five year after the death of her husband  full age recovery of his writ or return from beyond the sea this fine be call  a feoff of record because that it include all that the feoff do and work  further of his own nature and bar entail peremptory whether the heir do claim  within five year or not if he claim by he that levy the fine recovery be where  for assurance of land the party do agree that one shall begin a action real  against the other as though he have good right to the land and the other shall  not enter into defence against it but allege that he buy the land of I h who  have warrant unto he and pray that I h may be call in to defend the title  which I h be one of the crier of the common plea and be call the common  voucher this I h shall appear and make as if he will defend it but shall pray  a day to be assign he in his matter of defence which be grant he at the day he  make default and thereupon the court be to give judgement against he which can  be for he to lose his land because he have it not but the party that he have  sell it to that who vouch he to warrant it therefore the demandant who have no  defence make against it must have judgement to have the land against he that  he sue who be call the tenant and the tenant be to have judgement against I h  to recover in valve so much land of his where in truth he have none nor never  will and by this device ground upon the strict principle of law the first  tenant lose the land and have nothing for it but it be by his own agreement  for assurance to he that buy it this recovery bar entail and all remainder and  reversion that shall take place after the entail save where the king be giver  of the entail and keep the reversion to himself then neither the heir nor the  remainder not reversion be bar by the recovery the reason why the heir  remainder and reversion be thus bar be because in strict law the recompense  adjudge against the crier that be vouchee be to go in succession of estate as  the land shall have do and then it be not reason to allow the heir the liberty  to keep the land itself and also to have recompense and therefore he lose the  land and be to trust to the recompense this sleight be first invent when  entail fall out to be so inconvenient as be before declare so that man make no  conscience to cut they off if they can find law for it and now by use those  recovery be become common assurance against entail remainder and reversion and  be the great security purchaser have for their money for a fine will bar the  heir in tail and not the remainder nor reversion but a common recovery will  bar they all upon feoff and recovery the estate do settle as the use and  intent of the party be declare by word or write before the act be do as for  example they make a write that one of they shall levy a fine make a feoff or  suffer a common recovery to the other but the use and intent be that one shall  have it for his life and after his decease a stranger to have it in tail and  then a three in feesimple in this case the land settle in a estate accord to  the use and intent declare and that by reason of the statute make h convey the  land in possession to he that have interest in the use or intent of the fine  feoff or recovery accord to the use and intent of the party upon this statute  be likewise ground the four and five of the six conveyance videlicet bargain  sale covenant to stand seize to use for this statute wheresoever it find a use  conjoin the possession to it and turn it into like quality of estate condition  rend and the like as the use have the use be but the equity and honesty to  hold the land in  knowledge good man as for example I and you agree that I  shall give you money for your land and you shall make I assurance of it I pay  you the money but you make I no assurance of it here although the estate of  the land be still in you yet the equity and honesty to have it be with I and  this equity be call the use upon which I have no remedy but in chancery until  this statute be make of h and now this statute conjoin and contain the land to  he that have the use I for my money pay to you have the land itself without  any other conveyance from you and it be call a bargain and sale but the  parliament that make that statute do foresee that it will be mischievous that  man land shall so sudden upon the payment of a little money be convey from  they peradventure in a alehouse or a tavern upon strainable advantage do  therefore grave provide another act in the same parliament that the land upon  payment of this money shall not pass away except there be a write indent make  between the say two party and the say write also within six month enrol in  some of the court at Westminster or in the session roll in the shire where the  land lie unless it be in city or corporate town where they do use to enrol  deed and there the statute extend not the five conveyance of a fine be a  conveyance to stand seize to use it be in this sort a man that have a wife and  child brother and kinsfolk may by write under his hand and seal agree that for  their or any of their preferment he will stand seize of his land to their use  either for life in tail or fee so as he shall see cause upon which agreement  in write there arise a equity or honesty that the land shall go accord to  those agreement nature and reason allow these provision which equity and  honesty be the use and the use be create in this sort the statute of h  beforementioned convey the estate of the land as the use be appoint and so  this covenant to stand seize to use be at this day since the say statute a  conveyance of land and with this difference from a bargain and sale in that  this needs no enrolment as a bargain and sale do nor needs it to be in write  indent as bargain and sale must and if the party to who use he agree to stand  seize of the land be not wife or child cousin or one that he mean to marry  then will no use rise and so no conveyance for although the law allow such  weighty consideration of marriage and blood to raise use yet do it not admit  so trifle consideration as of acquaintance school service or the like but  where a man make a estate of his land to other by fine feoff or recovery he  may then appoint the use to who he listen without respect of marriage kindred  or other thing for in that case his own will and declaration guide the equity  of the estate it be not so when he make no estate but agree to stand seize nor  when he have take any thing as in the case of bargain and sale and covenant to  stand to use the last of the six conveyance be a will in write which course of  conveyance be first ordain by statute make h before which statute no man may  give land by will except it be in a borough town where there be a especial  custom that man may give their land by will as in London and many other place  the not give of land by will be think to be a defect at commonlaw that man in  war or sudden fall sick have not power to dispose of their land except they  can make a feoff or levy a fine or suffer a recovery which lack of time will  not permit and for man to do it by these mean when they can not undo it again  be hard beside even to the last hour of death man mind may alter upon further  proof of their child or kindred or increase of child or debt or defect of  servant or friend to be alter for which cause it be reason that the law shall  permit he to reserve to the last instant the dispose of his land and to give  he mean to dispose it which see it do not fit serve man use this device they  convey their full estate of their land in their good health to friend in trust  proper call feoff in trust and then they will by their will declare how their  friend shall dispose of their land and if those friend will not perform it the  court of chancery be to compel they by reason of the trust and this trust be  call the use of the land so as the feoff have the land and the party himself  have the use which use be in equity to take the profit for himself and that  the feoff shall make such a estate as he shall appoint they and if he appoint  none then the use shall go to the heir as the estate itself of the land shall  have do for the use be to the estate like a shadow follow the body by this  course of put land into use there be many inconvenience as this use which grow  first for a reasonable cause videlicet to give man power and liberty to  dispose of their own be turn to deceive many of their just and reasonable  right as namely a man that have cause to sue for his land know not against who  to bring his action nor who be owner of it the wife be defraud of her three  the husband of be tenant by courtesy the lord of his wardship relief heriot  and escheat the creditor of his extent for debt the poor tenant of his lease  for these right and duty be give by law from he that be owner of the land and  none other which be now the feoff of trust and so the old owner which we call  the feoff shall take the profit and leave the power to dispose of the land at  his discretion to the feoff and yet he be not such a tenant as to be seize of  the land so as his wife can have dower or the land be extend for his debt or  that he can forfeit it for felony or treason or that his heir can be ward for  it or any duty of tenure fall to the lord by his death or that he can make any  lease of it which fraud by degree of time as they increase be remedy by  diverse statute as namely by a statute of h VI and h it be appoint that the  action may be try against he which take the profit which be then beneficiary  and use by a statute make r III lease and estate make by beneficiary and use  be make good and statute by he acknowledge h the heir of beneficiary and use  be to be in ward h the lord be to have relief upon the death of any  beneficiary and use which fraud nevertheless multiply daily in the end h the  parliament purpose to take away all those use and reduce the law to the  ancient from of convey of land by public livery of seize fine and recovery do  ordain that where land be put in trust or use there the possession and estate  shall be present carry out of the friend in trust and settle and invest on he  that have the use for such term and time as he have the use by this statute of  h the power of dispose land by will be clear take away among those fraud  whereupon h another statute be make to give man power to give land by will in  this sort first it must be by will in write second he must be seize of a  estate in feesimple for tenant for another man life or term in tail can give  land by will by that statute h he must be sole seize and not joint with  another and then be thus seize for all the land he hold in soccage tenure he  may give it by will except he hold any piece of land in capite by knight  service of the king and then lie all his lack together he can give but two  part by will for the three part of the whole as well in soccage as in capite  must descend to the heir to answer wardship livery and primer seize to the  crown and so if he hold land by knight service of a subject he can devise of  the land but two part and the three the lord by wardship and the heir by  descent be to hold and if a man that have three acre of land hold in capite by  knight service do make a jointure to his wife of one and convey another to any  of his child or to friend to take the profit and to pay his debt or legacy or  daughter portion then the three acre or any part thereof he can give by will  but must suffer it to descend to the heir and that must satisfy wardship yet a  man have three acre as before may convey all to his wife or child by  conveyance in his life time as by feoff fine recovery bargain and sale or  covenant to stand seize to use and to disinherit the heir but if the heir be  within age when his father die the king or other lord shall have that heir in  ward and shall have one of the three acre during the wardship and to sue  livery and seize but at full age the heir shall have no part of it but it  shall go accord to the conveyance make by the father it have be debate how the  three shall be set forth for it be the use that all land which the father  leave to descend to the heir be feesimple or in tail must be part of the three  and if it be a full three then the king nor heir nor lord can intermeddle with  the rest if it be not a full three yet they must take it so much as it be and  have a supply out of the rest this supply be to be take thus if it be the king  ward then by a commission out of the court of ward whereupon a jury by oath  must set