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Escheat, Escheats happen two manner of waies Aut per defectum sanguinis, as if the Tenant dies* 1.1 without issue, aut per delictum tenentis, that is for felony, escheta is derived of the French word eschier accidere, for an escheat is a casuall profit quod accidit Domino ex eventu & ex insperato* 1.2 which happeneth to the Lord by chance, and unlooked for, in which Case we say the Fee is es∣cheated.
Those which are hanged by martiall Law, in furore belli, forfeit no Lands, for etcheat for felony is three manner of waies.
The Father is seised of Lands in Fee holden of I. S. the Sonne is attainted of high Treason the Father dieth, the Land shall escheat to I. S. pr••pter defectum sanguinis, because the Father dieth* 1.3 without heir, and the King cannot have the Land, because the Sonne never had any thing to forfeit, but the King shall have the escheat of all the Lands whereof the person attainted of high Treason was seised, of whomsoever they were holden.
Cook on Lit. p. 31 & 492.
Escheats by Civilians are called caduca.
Cook on Lit. l. 1. sect. 4.