of her Lord, be guilty of Incontinence, her Inheritance shall escheat
to her Lord, on account of her crime. And if any person be convicted
of Felony, or confess his Guilt in Court, deprived by the Law of the
Realm of his Inheritance, his Land shall remain to the Lord, as an
Escheat.[285] It is to be observed, that if any one hold of the King
_in Capite_, then, as well his Land, as all his Moveables and Chattels,
in whose-ever possession they may be found, shall be seised to the
King’s use, and the Heir shall be for ever debarred from recovering
them. But if an outlaw,[286] or one convicted of Felony, hold of any
other person than the King, then also all his Moveables shall belong
to the King; his Lands also shall remain in the King’s hands during
one year, which period being expired, such Land shall revert to the
right Lord, in other words, to him to whose Fee it belongs, the Houses,
however, being thrown down, and the Trees extirpated.[287] And,
generally speaking, whenever a person has done or said any thing in
Court for which he has been, by a Judgment of the Court, disinherited,
his Inheritance is accustomed to return as an Escheat to the Lord of
the Fee of whom it is held. But a forfeiture, committed by the Son and
Heir of any one, shall not disinherit the Father, nor the Brother, nor,
indeed, any other person but himself. It should also be added, that
when a Man has been condemned of Theft, all his Moveables and Chattels
generally devolve on the Sheriff of the County; but his Land, if he has
any, shall immediately revert to the Lord of the Fee, without awaiting
the year.[288] When any one has been outlawed by the Law of the Land,
and has afterwards, by the indulgence of the Prince, been restored to
the Peace, he cannot on that account recover his Inheritance, supposing
that he or his Heirs possess such, as against his Lord (unless by
the mercy and indulgence of the Lord himself.) The King, indeed, is
accustomed to remit the pains of Forfeiture and Outlawry, yet cannot
he, under colour of this prerogative, infringe upon the rights of
others.
[Footnote 281: Sir Wm. Blackstone, when speaking of the Law of Escheat,
informs us, that it is adopted in almost every country, to prevent
the robust title of occupancy from again taking place. (2 Bl. Comm.
10.) See Fleta L. 6. c. 1. s. 11. “By common custom and use only,”
says Skene, commenting on the Regiam Majestatem, “the King is the last
Heir.” (L. 2. c. 55.)]
[Footnote 282: The Translator follows the Reading sanctioned by all the
MSS.]
[Footnote 283: See Co. Litt. 13. a. b.]
[Footnote 284: See Bracton 71. b.]
[Footnote 285: How similar the Norman Code was in this respect, the
Reader will perceive, on turning to _Le Grand Cust. de Norm._ c. 24.]
[Footnote 286: _Utlagatus_, the outlaw, or, in the expressive term of a
far distant day, the _frendlesman_, or, as we should now write it, the
_friendless man_. (Bracton 128. b. See Dial. de scacc. L. 2. s. 10.)]
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account