As baſtards cannot be heirs themſelves, ſo neither can they have any heirs but thoſe of their own bodies. For, as all collateral kindred conſiſts in being derived from the ſame common anceſtor, and as a baſtard has no legal anceſtors, he can have no collateral kindred; and, conſequently, can have no legal heirs, but ſuch as claim by a lineal deſcent from himſelf. And therefore if a baſtard purchaſes land, and dies ſeiſed thereof without iſſue, and inteſtate, the land ſhall eſcheat to the lord of the fee[1].
6. Aliens alſo are incapable of taking by deſcent, or inheriting[2]: for they are not allowed to have any inheritable blood in them; rather indeed upon a principle of national or civil policy, than upon reaſons ſtrictly feodal. Though, if lands had been ſuffered to fall into their hands who owe no allegiance to the crown of England, the deſign of introducing our feuds, the defence of the kingdom, would have been defeated. Wherefore if a man leaves no other relations but aliens, his land ſhall eſcheat to the lord.
As aliens cannot inherit, ſo far they are on a level with baſtards; but, as they are alſo diſabled to hold by purchaſe[3], they are under ſtill greater diſabilities. And, as they can neither hold by purchaſe, nor by inheritance, it is almoſt ſuperfluous to ſay that they can have no heirs, ſince they can have nothing for an heir to inherit: but ſo it is expreſſly holden[4], becauſe they have not in them any inheritable blood.
And farther, if an alien be made a denizen by the king's letters patent, and then purchaſes lands, (which the law allows ſuch a one to do) his ſon, born before his denization, ſhall not (by the common law) inherit thoſe lands; but a ſon born afterwards may, even though his elder brother be living; for the father, before denization, had no inheritable blood to communicate
