But both theſe ſpecies may well be comprehended under the firſt denomination only; for he that is attainted ſuffers an extinction of his blood, as well as he that dies without relations. The inheritable quality is expunged in one inſtance, and expires in the other; or, as the doctrine of eſcheats is very fully expreſſed in Fleta[1], "dominus capitalis feodi loco haeredis habetur, quoties per defectum vel delictum extinguitur ſanguis tenentis."
Escheats therefore ariſing merely upon the deficiency of the blood, whereby the deſcent is impeded, their doctrine will be better illuſtrated by conſidering the ſeveral caſes wherein hereditary blood may be deficient, than by any other method whatſoever.
1, 2, 3. The firſt three caſes, wherein inheritable blood is wanting, may be collected from the rules of deſcent laid down and explained in the preceding chapter, and therefore will need very little illuſtration or comment. Firſt, when the tenant dies without any relations on the part of any of his anceſtors: ſecondly, when he dies without any relations on the part of thoſe anceſtors from whom his eſtate deſcended: thirdly, when he dies without any relations of the whole blood. In two of theſe caſes the blood of the firſt purchaſor is certainly, in the other it is probably, at an end; and therefore in all of them the law directs, that the land ſhall eſcheat to the lord of the fee: for the lord would be manifeſtly prejudiced, if, contrary to the inherent condition tacitly annexed to all feuds, any perſon ſhould be ſuffered to ſucceed to lands, who is not of the blood of the firſt feudatory, to whom for his perſonal merit the eſtate is ſuppoſed to have been granted.
4. A monster, which hath not the ſhape of mankind, but in any part evidently bears the reſemblance of the brute creation, hath no inheritable blood, and cannot be heir to any land, albeit it be brought forth in marriage: but, although it hath deformity
- ↑ l. 6. c. 1.
