As a Bastard can have no Heir, unless it be one of his own Body, a
question arises respecting a Bastard. If any one has given Land to
him, reserving a service or any other thing, and has received his
Homage for it, so that the Bastard has died in the Seisin of such Land,
without leaving any Heir of his own Body, who is entitled by law to
succeed to him, as his Lord cannot for the reasons before stated?[276]
But when any one dies intestate, all his chattels are understood to
belong to his Lord; and, if he has more Lords than one, each of them
shall recover such Chattels, as may be found within his Fee. But all
the Effects of a Usurer (whether he make a Will or not) belong to the
King.[277] But it is not the Custom for any one, whilst living, to be
appealed or convicted of the crime of Usury—but, among other Regal
Inquisitions, it is usually inquired[278] and proved, who have died in
this Offence,[279] and that by the oaths of twelve lawful Men of the
Vicinage. Which being proved in Court, all the Moveables and Chattels
which belonged to the deceased Usurer shall be seised to the King’s
use, without any regard to the person in whose hands they may be found.
His Heir is for the same reason deprived of the Inheritance according
to the Law of the Realm, the Inheritance itself reverting to the
Lord. It should, however, be observed, that if any one has, during a
certain period of his life, been guilty of this Crime, and be publicly
accused[280] of it in the Community where he lived, if he desisted
from his error before his death, and was penitent, neither he, nor his
property, shall after his death be liable to the penalties of Usury.
It ought, therefore, to be evident, that a Man has died a Usurer,
in order that he may be so adjudged after his death, and his Effects
disposed of as those of a Usurer.
Public-domain text, read in full here on John Shaqi.
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