Page:Prerogatives of the Crown.djvu/247

 Ch.XI. Sec.I.] Revenue, — Escheats. 227 it [a]. It is in this point of view that Bracton {h) terms an escheat a species of reversion. Wherever lands escheat, they become the property of the lord of the seignory, or person of whom they were held. Now by the statute 12 Cha. 2. s. 24. for changing all the antient tenures into free and common socage, the rents and services (among which fealty is occasionally due) are preserved to the lord; of him therefore the lands are still holden, and to him they may escheat. But if all these badges of tenure have been neglected to be preserved, and it be no longer known of whom the lands are mediately holden ; then the King, as the great and chief lord, shall have them by escheat ; for to him fealty belongs, and of him they are certainly holden by presumption of law, and without the necessity of proof (c). At the present day therefore the King is almost universally though not neces- sarily the lord of the seignory, and* as such entitled on the escheat of inheritances. The case of a copyhold, which es- cheats to the lord of the manor, as the person of whom they were held, seems to form the only general exception. It will not therefore be a digression to enter rather fully into the law of escheats. An escheat may, says Lord Coke (c?), happen 1st, aut per defectum sanguinis (that is) for the default of an heir ; 2dly, attt per defectum tenentis. 1. To state fully all the particular instances in which an es- cheat may occur, in consequence of a party dying without rela- tions who can inherit, it would be necessary to enter into the principles and niceties of the law of descents. It will suffice to observe in this place, that escheats arising from a deficiency of blood, whereby the descent is at an end, take place, 1 st, where the tenant dies without any relations on the part of any of his (a) Feud. 1. 2. t. 86. 2 Bla. Com. right and possession must be presumed 72, and 244. Co. Lit. 13. Wright's to be immediately in the Crown w/Mok^ Ten. 115. 2 Inst. 64. 1 Bla. Rep. o^c(?. as though the person last seised 133. were the King's immediate tenant; the (i) 23, a. King's title not appearing by any matter (c) Booth's Real Act, 135. Cro. of record, and the possession not having Eliz. 120. 3 Cruise Dig. 496. 2 Bla. been vacant from the death of the te- Com. 245. Sed qu. whether at common nant last seised, ^ce 12 East, 96, 109, law upon the death of the tenant last ' 110. seised of the land without heirs, the (rf) 1 Inst. 13, a. 92. ^ 2 ancestors ;