THE USE OF THE LAW. 23 I 



pardoned. Yet the party giveth not back his lands or goods There can be no 

 without a special patent of restitution, which cannot restore j^JJj?^&quot; 

 the blood without an act of parliament. So if a man have act of jSwliaV 

 a son, and then is attainted of felony or treason, and par- ment, but a 

 doned, and purchaseth lands, and then hath issue another P ardonenableth 

 son, and dieth, the son he had before he had his pardon, chase! anchfie 

 although he be his eldest son, and the patent have the heir begotten 

 words of restitution to his lands, shall not inherit, but his ^ te / h sha1 / in ! ie ~ 

 second son shall inherit them, and not the first ; because n 

 the blood is corrupted by the attainder, and cannot be 

 restored by patent alone, but by act of parliament. And if 

 a man have two sons, and the eldest is attainted in the life 

 of his father, and dieth without issue, the father living, the 

 second son shall inherit the father s lands; but if the eldest 

 son have any issue, though he die in the life of his father, 

 then neither the second son, nor the issue of the eldest, 

 shall inherit the father s lands, but the father shall there be 

 accounted to die without heir, and the land shall escheat, 

 whether the eldest son have issue or not afterward or before, 

 though he be pardoned after the death of his father. 



Property of lands by conveyance is first distributed into 

 estates for years, for life, in tail, and fee-simple. 



THESE estates are created by word, by writing, or by record. Property of 

 For estates of years, which are commonly called leases land ]j y con - 

 for years, they are thus made; where the owner of the jSJ^fSjJ 

 land agreeth with the other by word of mouth, that the in fees. 

 other shall have, hold, and enjoy the land, to take the 2 - In ta jl- 

 profits thereof for a time certain of years, months, weeks, or 4 * For years 

 days, agreed between them, and this is called a lease parol ; Leases for years 

 such a lease may be made by writing pole, or indented of they go to the 

 devise, grant, and to farm let, and so also by fine of record ; execu trs and 

 but whether any rent be reserved or no, it is not material. nc 

 Unto these leases there may be annexed such exceptions, forfeited ^^u 

 conditions, and covenants, as the parties can agree on. tainder. 

 They are called chattels real, and are not inheritable by the L In treason. 

 heirs, but go to the executors and administrators, and be pVemurdre 3 4. 

 saleable for debts in the life of the owner, or in the execu- By killing iiim- 

 tors* or administrators hands by writs of execution upon ? elf - 5 - For % 

 statutes, recognizances, judgments of debts or damages. IJS&quot; oMnutJor 

 They be also forfeitable to the crown by outlawry, by at- refusing to be 

 tainder for treason, felony, or premunire, killing himself, tried b J the 

 flying for felony, although not guilty of the fact, standing * y 

 out or refusing to be tried by the country, by conviction of Petty larceny. 



