plea. 



THE USE OF THE LAW. 223 



same ancestor that made the instrument of charge, and 



that land also not to be sold outright for the debt, but to Day & Pepp s 



be kept in extent, and at a yearly value, until the debt or case - 



damage be run out. Nevertheless if an heir that is sued 



upon such a debt of his ancestor do not deal clearly with 



the court when he is sued, that is, if he come not in imme 



diately, and by way of confession set down the true quantity 



of his inheritance descended, and so submit himself there 



fore, as the law require th, then that heir that otherwise 



demeaneth himself shall be charged of his own lands or Heir charged 



goods, and of his money, for this deed of his ancestor. As f r hls false 



for example ; if a man bind himself and his heirs in an 



obligation of one hundred pounds, and dieth, leaving but 



ten acres of land to his heir, if his heir be sued upon the 



bond, and cometh in, and denieth that he hath any lands 



by descent, and it is found against him by the verdict that 



he hath ten acres, this heir shall now be charged by his 



false plea of his own lands, goods, and body, to pay the 



hundred pounds, although the ten acres be not worth ten 



pounds. 



Property of lands by escheat is where the owner died Property of 

 seised of the lands in possession without child or other lands b y es 

 heir, thereby the land, for lack of other heir, is said to 

 escheat to the lord of whom it is hold en. This lack of heir Two causes of 

 happeneth principally in two cases : first, where the lands escheat. 

 owner is a bastard. Secondly, where he is attainted of 2. Attl^der of 

 felony or treason. For neither can a bastard have any heir, treason, felony. 

 except it be his own child, nor a man attainted of treason, 

 although it be his own child. 



Upon attainder of treason the king is to have the land, Attainder of 

 although he be not the lord of whom it is held, because it treasou en ~ 

 is a royal escheat. But for felony it is not so, for there fhou^an^ 

 the king is not to have the escheat, except the land be be not holden 

 holden of him : and yet, where the land is not holden of of hi &amp;gt; other - 

 him, the king is to have the land for a year and a day next ^0^0^&quot; 

 ensuing the judgment of the attainder, with a liberty to &c. for there 

 commit all manner of waste all that year in houses, gardens, the kin g sha11 

 ponds lands, and woods 



In these escheats two things are especially to be observed ; i n escheat two 

 the one is the tenure of the lands, because it directeth the things are to be 

 person to whom the escheat belongeth, viz. the lord of the bserved - i. 

 manor of whom the land is holden. 2. The manner of T he Banner of 

 such attainder which draweth with it the escheat. Con- the attainder. 

 cerning the tenures of lands, it is to be understood, that A11 lands are 

 all lands are holden of the crown, either mediately or im- crown 11 immedi- 



