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Updated: May 22, 2025
About the same time, that ancient engine of oppression, a Commission to inquire into estates forfeited, was established, and, in a short time, decreed that 1,060,792 acres were escheated to the crown. This was almost the last fragment of the patrimony of the Catholic inhabitants.
Most of all, however, did that energetic officer enrich himself, laying in fact the foundation of that greatness which afterwards culminated in his descendant, the famous Lord Granville, the rival of Walpole. He obtained from Charles a grant of Crown lands, including the escheated manor of Melèches.
The point for recollection is that there must anciently have been a time at which the rules of the Civil Law determined the scheme of Intestate Succession exclusively, and at which the arrangements of the Edict were non-existent, or not consistently carried out. We cannot doubt that, in its infancy, the Prætorian jurisprudence had to contend with formidable obstructions, and it is more than probable that, long after popular sentiment and legal opinion had acquiesced in it, the modifications which it periodically introduced were governed by no certain principles, and fluctuated with the varying bias of successive magistrates. The rules of Intestate Succession, which the Romans must at this period have practised, account, I think and more than account for that vehement distaste for an Intestacy to which Roman society during so many ages remained constant. The order of succession was this: on the death of a citizen, having no will or no valid will, his Unemancipated children became his Heirs. His emancipated sons had no share in the inheritance. If he left no direct descendants living at his death, the nearest grade of the Agnatic kindred succeeded, but no part of the inheritance was given to any relative united (however closely) with the dead man through female descents. All the other branches of the family were excluded, and the inheritance escheated to the Gentiles, or entire body of Roman citizens bearing the same name with the deceased. So that on failing to execute an operative Testament, a Roman of the era under examination left his emancipated children absolutely without provision, while, on the assumption that he died childless, there was imminent risk that his possessions would escape from the family altogether, and devolve on a number of persons with whom he was merely connected by the sacerdotal fiction that assumed all members of the same gens to be descended from a common ancestor. The prospect of such an issue is in itself a nearly sufficient explanation of the popular sentiment; but, in point of fact, we shall only half understand it, if we forget that the state of things I have been describing is likely to have existed at the very moment when Roman society was in the first stage of its transition from its primitive organisation in detached families. The empire of the father had indeed received one of the earliest blows directed at it through the recognition of Emancipation as a legitimate usage, but the law, still considering the Patria Potestas to be the root of family connection, persevered in looking on the emancipated children as strangers to the rights of Kinship and aliens from the blood. We cannot, however, for a moment suppose that the limitations of the family imposed by legal pedantry had their counterpart in the natural affection of parents. Family attachments must still have retained that nearly inconceivable sanctity and intensity which belonged to them under the Patriarchal system; and, so little are they likely to have been extinguished by the act of emancipation, that the probabilities are altogether the other way. It may be unhesitatingly taken for granted that enfranchisement from the father's power was a demonstration, rather than a severance, of affection a mark of grace and favour accorded to the best-beloved and most esteemed of the children. If sons thus honoured above the rest were absolutely deprived of their heritage by an Intestacy, the reluctance to incur it requires no farther explanation. We might have assumed
Leaving no will, his property escheated; but it was all restored to his two uterine brothers, by the liberality of the ministry, and out of respect to the long services of the baron, which two brothers, it will he remembered, alone had any of the blood of Wychecombe in their veins to boast of.
The Government of Ireland also made serious efforts to make its people take up the fishery business. About one million dollars obtained out of the escheated funds of the Church of England in Ireland, when that organization was disestablished by Mr. Gladstone, was used as a loan fund which was available for fishermen, resident six months, at two per cent interest.
The mode in which those unfortunate captives were left in the utmost penury and necessity to petition for some provision, after their estates were escheated, plainly manifests how little there was of that sympathy with calamity which marks the present day.
Not a polygamist in Utah, to my knowledge, declined to take advantage of the mercy, by refusing the expressly implied pledge. Meanwhile the campaign had been continued for the return of the escheated Church property and for the passage of an Enabling Act that should permit the territory to organize for statehood.
And we made a record in proof of our promises by the anti-polygamy manifesto of 1890 and its public ratification; by the petition for amnesty and the acceptance of amnesty upon conditions; by the provisions of Utah's enabling act and of Utah's state constitution; by the acts of Congress and the judicial decisions restoring escheated Church property; by the proceedings of the Federal courts of Utah in re-opening citizenship to the alien members of the Mormon Church; by the acquiescence of the Gentiles of Utah in the proceedings by which statehood was obtained; and finally, and most indisputably, by the admission of Utah into equal sovereignty in the Union since that admission would never have been granted, except upon the explicit understanding that the state was to uphold the laws and institutions of the American republic in accordance with our covenants.
On the attainder of his son, the castle escheated to the crown. Shortly afterwards it was granted to Sir John Byron for fifty years. In the reign of James I., Gilbert Talbot, Earl of Shrewsbury, was the owner of Bolsover.
"As by the death of the late Messire Arnold, in his life Duke of Guelderland, these counties and duchy have lapsed to me, and by the same token the offices of the land have escheated to our disposition, and among others the office of master of the moneys of those countships ... using the rights, etc., escheated to me, and in consideration of the good and agreeable services already rendered and continually rendered by our knight, etc., Olivier de la Marche, having full confidence in his sense, loyalty, probity, and good diligence for these causes and others we entrust the office of master and overseer of moneys of the land of Guelders to him, with all the rights, duties, and privileges thereto pertaining.
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