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It is difficult to determine just what its legal status was then considered to be, but it was perhaps regarded as a fief reverting on failure of heirs. Certainly it was sometimes treated as only an escheated or forfeited lay fief would be treated.
Next the weasel, having failed to present himself when summoned by the woodpecker, was attainted as contumacious, and sentenced, with the entire approval of the assembly, to lose all his dignities and estates; his woods, parks, forests, and all his property were escheated to the Crown, and were by the king handed over to his faithful follower Sec.
After the expression of a variety of opinions as to what this man deserved, some being of opinion that the subject ought to be mooted in the legislature at Washington others, that his whole effects ought to be escheated, for the benefit of the public treasury and by far the greater number that he ought to be summarily dealt with at the hands of the so-considered outraged citizens, which, in other language, meant "lynched," it was stated, by a very loquacious Yankee-looking fellow present, who made himself prominent in the discussion, that it was the opinion of the company, that any man marrying a woman with negro blood in her veins, should be hanged, as a traitor to southern interests and a bad citizen.
And they had done all these things despite the public sentiment of the civilized world, in violation of the pledges given in procuring amnesty and in obtaining the return of the escheated Church property, contrary to the promises given by the representatives of the Church and of the territory in their plea for statehood, contrary to the pledges required by the Enabling Act and given in the State constitution, and contrary to the laws of the State itself.
Both were sentenced to be publicly beheaded, and their heads were to be fixed upon pikes and not taken down without the duke's express command. All their possessions, fiefs, and rights escheated to the royal treasury. The sentence was signed only by the duke and the secretary, Pranz, without asking or caring for the consent of the other members of the council.
For which causes and crimes he has forfeited his life, lands, and goods, movable and immovable; which shall be escheated to the King. Beheaded. Words, empty and unavailing for what words of ours can speak our thoughts or interpret our affections!
This province had long been in the hands of members of the Austrian family. On the 15th of June, 1665, Sigismond Francis, Duke of Tyrol, and cousin of Leopold, died, leaving no issue, and the province escheated with its million of inhabitants to Leopold, as the next heir. This brought a large accession of revenue and of military force, to the kingdom.
Both were sentenced to be publicly beheaded, and their heads were to be fixed upon pikes and not taken down without the duke's express command. All their possessions, fiefs, and rights escheated to the royal treasury. The sentence was signed only by the duke and the secretary, Pranz, without asking or caring for the consent of the other members of the council.
The Attorney General held a brief for Henry II., and the deceased defendant was represented by an advocate named by Henry VIII. Needless to relate, judgment was given in favour of Henry II., and the condemned Archbishop was ordered to have his bones burnt and all his gorgeous offerings escheated to the Crown.
The dowry, then, was to revert to the children or grandchildren at the death of the wife; if there were none such, to the parents or relatives who had given her in marriage; these failing, it escheated to the Crown so according to Rotharis.
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