230 THE USE OF THE LAW. 



treason or fe- another, commit treason or felony, the whole estate is for 

 feited to the crown, but no escheat to the lord. 



But a copyhold for fee-simple, or for life, is forfeited to 

 the lord and not to the crown ; and if it be entailed, the lord 

 is to have it during the life of the offender only, and then 

 his heir is to have it. 



The custom of Kent is, that gavelkind land is not for- 

 feitable nor escheatable for felony, for they have an old 

 saying ; the father to the bough, and the son to the plough. 

 The wife loseth If the husband was attainted, the wife was to lose her 

 ernot- thirds in cases of felony and treason, but yet she is no 

 &quot;~ be offender; but, at this day, it is holden by statute law that 

 attainted of she loseth them not for the husband s felony. The relation 

 felony. o f these forfeits are these. 



Attainder in fe- 1. That men attainted* of felony or treason, by verdict 

 lony or treason or confession, do forfeit all the lands they had at the time 

 * y v - erdict c t of their offence committed, and the king or the lord, whoso- 

 l awry, f orfeiteth ever of them hath the escheat or forfeiture, shall come 

 all they had in and avoid all leases, statutes, or conveyances done by 

 from the time of the O ff en( w at any time since the offence done. And so 



the onence ., I-P i , , i r i 



committed. is the law clear also it a man be attainted tor treason by 



outlawry; but upon attainder of felony by outlawry it hath 



been much doubted by the law books whether the lord s 



title by escheat shall relate back to the time of the offence 



\nd so it is done, or on ly * the date or test of the writ of exigent 



upon an attain- for proclamation, whereupon he is outlawed ; howbeit at 



der of outlawry, this day it is ruled, that it shall reach back to the time of 



otherwise it is j^g fact, but for goods, chattels, and debts, the king s title 



in the attainder , 6. . , , , ,V 



by verdict, con- shall look no further back than to those goods, the party 

 fession,andout- attainted by verdict or confession had at the time of the 

 lawry, as to verdict and confession given or made, and in outlawries 



their relation for , .. & , c i 



the forfeiture of a * the time of the exigent, as well in treasons as felonies : 

 goods and chat- wherein it is to be observed, that upon the parties first ap 

 prehension, the king s officers are to seize all the goods 

 cers u 1 &quot; n^the*&quot; dn ^ chattels, and preserve them together, dispending only 

 apprehension of so much out of them as is fit for the sustentation of the 

 a felon are to person in prison, without any wasting, or disposing them 

 anTchaifels dS unt ^ conviction, and then the property of them is in the 

 A erson at crown &amp;gt; an d not before. 



It is also to be noted, that persons attainted of felony or 



purchase, but it treason have no capacity in them to take, obtain, or pur- 



llb the chase save onl y to the use of the kin s until the P art y be 



* Of the relation of attainders, as to the forfeiture of lands and goods with the 

 diversity. 



