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Updated: May 22, 2025
The family of the count were subsequently reinstated in all his property, fiefs, and rights, which, by virtue of the sentence, had escheated to the royal treasury. Meanwhile a scaffold had been erected in the marketplace, before the town hall, on which two poles were fixed with iron spikes, and the whole covered with black cloth.
The lawyers, under the direction of the Dublin Government, so contrived matters as to make the area forfeited by the two earls cover no less a space than six entire counties, all of which were escheated to the Crown, regardless of the rights of a vast number of smaller tenants and sub-proprietors against whom no plea of rebellion, recently at all events could be urged; a piece of injustice destined, as will be seen, to bear tragic fruit a generation later.
President Woodruff, Councillor Joseph F. Smith and Apostle Lorenzo Snow went before the Federal Master in Chancery in a proceeding to regain possession of escheated Church property and swore that the manifesto had prohibited plural marriages, that it required a cessation of all plural marriage living, and that it was being obeyed by the Mormon people.
The King did not only confer marks of his favour on Grotius; but on his account protected all who were persecuted by the States; and by his Letters Patent, dated at Nantes, April 22, 1627, takes such as were condemned in Holland under his protection as if they were his own subjects; willing, that in case of death, their children and heirs should succeed, and that their effects should not be liable to be escheated.
Upon the return of Samuel Mace, mariner, who was sent out in 1602 to search for White's lost colony, all Raleigh's interest in the Virginia colony had, by his attainder, escheated to the crown. But he never gave up his faith in Virginia: neither the failure of nine several expeditions nor twelve years imprisonment shook it.
The heriots collected on the death of tenants were more numerous; reliefs paid by their successors on obtaining the land were repeated far more frequently than usual; much land escheated to the lord on the extinction of the families of free tenants, or fell into his hands for redisposal on the failure of descendants of villains or cotters. But these were only temporary and casual results.
The old reproach of the father's disloyalty still clung to the son and Garcilasso assures us that this circumstance defeated all his efforts to recover the large inheritance of landed property belonging to his mother, which had escheated to the Crown.
No man before, ever gravely proposed to establish confiscation as a permanent source of revenue to the state; yet the annual product from the escheated property of slaughtered heretics was regularly relied upon, during his administration, to replenish the King's treasury, and to support the war of extermination against the King's subjects.
Besides all these preparations against the king of Prussia, he was, in his quality of elector of Brandenburgh, put under the ban of the empire by the Aulic council; declared deprived of all his rights, privileges, and prerogatives; his fiefs were escheated into the exchequer of the empire; and all the circles accordingly ordered to furnish their respective contingencies for putting this sentence in execution.
Finally, they were enjoined to investigate carefully all claims to titles and all alleged rights of land tenure. The next step was the most drastic and far-reaching of all. Hereditary corporations were entirely abolished, alike those established to commemorate the name of a sovereign or a prince and those employed by the nobles to cultivate their estates. The estates themselves were escheated.
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