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Observe, however, this that it is not far from the truth to say that in East Anglia for I will not travel out of my own province every tiller of the soil who occupied a plot of land, however small, was sure to be a tenant under some lord of the manor; when he died a record of his death was entered upon the Court Rolls of the Manor; the name of his successor was inscribed; the amount of fine set down which his heir paid for entering upon his inheritance; and if he died without heirs the fact was noticed, the lands which he had held being forfeited, or escheating, as it was called, to the lord.
Colonel Morse, of the Royal Engineers, gives a summary of the causes of the delay in placing the disbanded troops upon their lands: "First their arriving very late in the season; Secondly, timely provision not having been made by escheating and laying out lands; Thirdly, a sufficient number of surveyors not having been employed; but Lastly and principally, the want of foresight and wisdom to make necessary arrangements, and steadiness in carrying them out."
Besides these immediate cessions, the French king promised to hand over to Henry certain districts then held by his brother, Alfonse of Poitiers, and his brother's wife Joan of Toulouse, in the event of their dominions escheating to the crown by their death without heirs.
Thus the system of entails made possible by the statute De donis was used by Edward to strengthen his hold over the most powerful of his feudatories and increase the prospect of his estates escheating to the crown. Considered in this light, Gilbert's marriage with the king's daughter seems less a reward of loyalty than a punishment for lawlessness.
But on the plea that neither of the claimants was a daughter of the last Duke, the Emperor Frederick II sequestrated these territories as fiefs escheating to the empire, and transferred the administration to Otho, Count of Werdenberg, who took possession of the country and resided in Vienna.
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