THE USE OF THE LAW, 229 



thereupon another capias is awarded to the sheriff, who like 

 wise, not finding him, maketh the same return ; then a writ 

 called an exigent is directed to the sheriff, commanding 

 him to proclaim him in his county court, five several court 

 days, to yield his body, which if the sheriff do, and the 

 party yield not his body, he is said by the default to be 

 outlawed, the coroners there adjudging him outlawed, and 

 the sheriff making the return of the proclamations and of 

 the judgment of the coroners upon the back side of the 

 writ. This is an attainder of felony, whereupon the offender 

 doth forfeit his lands, by an escheat, to the lord of whom 

 they are holden. 



But note, that a man found guilty of felony by verdict Prayer of cler- 

 or confession, and praying his clergy, and thereupon read- %y* 

 ing as a clerk, and so burnt in the hand and discharged, is 

 not attainted, because he, by his clergy, preventeth the 

 j udgment of death, and is called a clerk convict, who loseth 

 not his lands, but all his goods, chattels, leases, and debts. 



So a man indicted, that will not answer, nor put himself He that stand- 

 upon trial, although he be by this to have judgment off h T ute / 7 

 pressing to death, yet he doth forfeit no lands, but goods, S^t for trea^ 

 chattels, leases, and debts, except his offence be treason, son. 

 and then he forfeiteth his lands to the crown. 



So a man that killeth himself shall not lose his lands, He that kilieth 

 but his goods, chattels, leases, and debts. So of those that himself forfeit- 

 kill others in their own defence, or by misfortune. chattels. 



A man that being pursued for felony, and flyeth for it, Flying for fe- 

 loseth his goods for his flying, although he return and is lony a forfeiture 

 tried, and found not guilty of the fact. of g ods - 



So a man indicted of felony, if he yield not his body to Hethatyieldeth 

 the sheriff until after the exigent of proclamation is awarded hi s body upon 

 against him, this man doth forfeit all his goods for his long fefonyfoTfeitelh 

 stay, although he be found not guilty of the felony ; but his goods. 

 none is attainted to lose his lands, but only such as have 

 judgments of death, by trial upon verdict, or their own 

 confession, or that they be by judgment of the coroners 

 outlawed as before. 



Besides the escheats of lands to the lords of whom they Lands entailed 

 be holden for lack of heirs, and by attainder for felony escheat to the 

 (which only do hold place in fee-simple lands), there are j^f f 

 also forfeiture of lands to the crown by attainder of treason; 

 as namely, if one that hath entailed lands commit treason, stat. 26 H. 8. 

 he forfeiteth the profits of the lands for his life to the crown, 

 but not to the lord. 



And if a man, having an estate for life of himself or of 



