234 THE USE OF THE LAW. 



party after his king s debts by extent, and by a statute made 13 and 39 

 death. Prwito, fti[ z t h ev are saleable for the arrearages upon his account 



not to put away , . J . , ,,=&amp;gt; n , ., , , 



the land from for his oiiice. feo that now it restetn, that entailed lands 

 his next heir, have two privileges only, which be these. First, not to be 

 feiUiifown^r forfeited for felonies. Secondly, not to be extended for debts 

 tate, and that after the parties death, except the entails be cut off by fine 

 his next heir and recovery. 



Of tLTew de- But li is to be noted / that since these notable statutes, 

 vice called a an d remedies provided by statutes, do dock entails, there 

 perpetuity, is start up a device called perpetuity, which is an entail 

 taiiwit? an G d&quot; w ^ n an addition of a proviso conditional, tied to his estate, 

 dition. &quot; not to put away the land from his next heir ; and if he do, 



to forfeit his own estate. Which perpetuities, if they should 

 stand, would bring in all the former inconveniences subject 

 to entails, that were cut off by the former mentioned sta 

 tutes, and far greater ; for, by the perpetuity, if he that is 

 in possession start away never so little, as in making a lease, 

 or selling a little quillet, forgetting after two or three de- 

 These perpetui- scents, as often they do, how they are tied, the next heir 

 t ies would bring mus t enter, who, peradventure, is his son, his brother, 

 inc^nlenien&quot;^ un de, or kinsman, and this raiseth unkind suits, setting all 

 of estates tails, that kindred at jars, some taking one part, some another, 

 and the principal parties wasting their time and money in 

 The inconveni- suits of law. So that in the end they are both constrained 

 ences f . those by necessity to join both in a sale of the land, or a great 

 part of it, to pay their debts, occasioned through their 

 suits. And if the chiefest of the family, for any good pur 

 pose of well seating himself, by selling that which lieth far 

 off is to buy that which is near, or for the advancement of 

 his daughters or younger sons should have reasonable 

 cause to sell, this perpetuity, if it should hold good, res- 

 traineth him. And more than that, where many are owners 

 of inheritance of land not entailed may, during the minority 

 of his eldest son, appoint the profits to go to the advance 

 ment of the younger sons and daughters, and pay debts ; 

 by entails and perpetuities the owners of these lands cannot 

 do it, but they must suffer the whole to descend to his 

 eldest son, and so to come to the crown by wardship all the 

 time of his infancy. 



Quaere whether Wherefore, seeing the dangerous times and untowardly 

 it be better to heirs, they might prevent those mischiefs of undoing their 

 thesTperoetui^ nouses by conveying the land from such heirs, if they were 

 tres from alien- not tied to the stake by those perpetuities, and restrained 

 ations,ortoha- from forfeiting to the crown, and disposing it to their own 

 or to . their children s good ; therefore it is worthy of consi 

 deration, whether it be better for the subject and sovereign 



