228 THE USE OF THE LAW. 



upon the dying lord. The remainder of the two thousand acres he kept to 



of the tenant, himself, which he used to manure by his bondmen, and ap 



pointed them at the courts of his manor how they should 



hold it, making an entry of it into the roll of the remem 



brances of the acts of his court, yet still in the lord s power 



Villenage or te- to take it away ; and, therefore, they were called tenants at 



nure by copy of w ^ by copy of court roll; being in truth bondmen at the 



beginning, but having obtained freedom of their persons, 



and gained a custom by use of occupying their lands, they 



now are called copyholders, and are so privileged that the 



lord cannot put them out, and all through custom. Some 



copyholders are for lives, one, two, or three successively; 



and some inheritances from heir to heir by custom, and 



custom ruleth these estates wholly, both for widow s estates, 



fines, harriots, forfeitures, and all other things. 



Court Baron, Manors being in this sort made at the first, reason was 



with the use of that the lord of the manor should hold a court, which is 



no more than to assemble his tenants together at a time by 



him to be appointed ; in which court he was to be informed, 



by oath of his tenants, of all such duties, rents, reliefs, 



wardships, copyholds, or the like, that had happened unto 



him, which information is called a presentment, and then 



his bailiff to seize and distrain for those duties, if they were 



denied or withholden, which is called a court baron : and 



herein a man may sue for any debt or trespass under forty 



Suit to the court pounds value, and the freeholders are to judge of the cause 



of the lord inci- U p On proof produced upon both sides. And therefore the 



mire of the free- freeholders of these manors, as incident to their tenures, 



holders. do hold by suit of court, which is to come to the court, and 



there to judge between party and party in those petty 



actions; and also to inform the lord of duties, of&quot; rents, and 



services unpaid to him from his tenants. By this course 



it is discerned who be the lords of lands, such as if the 



tenants die without heir, or be attainted of felony or trea 



son, shall have the land by escheat. 



What attain- Now concerning what attainders shall give the escheat 

 tte Vscheat^to 6 to the land &amp;gt; ifc is *? be noted, that it must either be by judg- 

 the lord. At- ment of death, given in some court of record, against the 

 tainders, l. By f e i on found guilty by verdict, or confession of the felony, 

 $. &quot;; or it must be by outlawry of him. 



confession. 3. The outlawry groweth in this sort : a man is indicted 

 By outlawry, f or felony, being not in hold, so as he cannot be brought 

 * m P erson to appear, and to be tried, insomuch that process 



e lord 



Of an attainder f capias is therefore awarded to the sheriff, who, not find- 

 by outlawry, ing him, returaeth non est rnventus in Balliva meet ; and 



