a

Commissions of Escheat.

By F. ARTHUR Wadsworth.

HE Commission of Escheat recently held in Nottingham, in respect of property held at Ruddington, in this county, calls our attention to the subject of freehold lands escheating to the Crown, which is interesting, as it concerns, with the exception of fealty, the last relic of feudal tenure, existing at the present day, in this country.

Escheats, which may be defined as the reverting or resulting back of an estate to the original grantor or lord of the fee, were formerly divided into those propter defectum sanguinis, and those propter delictum tenentis, the one arising if the tenant should die without an heir, the other if his blood should be attainted. The latter class was finally abolished, by statute, in the year 1870, so that an escheat can only now take place on the death of an owner of real estate intestate and without heirs. The tenure of estates under the feudal system had its origin in the sovereign granting lands to be held by the subject, to whom they were granted on the condition of his performing some service, the most usual being known as knight-service.

This species of interest was called a benefice or feud, and in course of time it became the practice for the grantee of the feud, or feudatory as he was called, to imitate the example of his sovereign, by granting portions of his benefice, or feud, to be held of himself or some other person on terms similar to those of the original

grant. The result was that all lands in England were held either of the King or of some intermediate lord, who would, in turn, hold of the King, as lord paramount.

The possessors of land were called tenants, or if they held immediately from the king, tenants in capite, or in chief. This practice of subinfeudation, having been found to be detrimental to the rights of the king, was put an end to by a statute, known as the statute of Quia emptores, passed in the 18th year of the reign of King Edward I., as a result of which practically all escheats of lands, held in fee simple tenure, now go to the crown.

There was formerly an official called an escheator, appointed for each county, before whom all these commissions, or inquisitiones post mortem, as they were usually termed, were held, and who was so called from having to look after the escheats and fines due to the king. As soon as any tenant in capite died, the king sent down a writ, called a diem clausit extremum, directing the escheator to call a jury, who were to enquire of what lands the deceased died seised, and what feudal rights accrued on his death to the crown. In consequence of the abolition of all fines on alienation, knight-service and other incidents of feudal tenure, by a statute of King Charles II., these commissions became very rare, as they ceased to be taken except on the occurrence of an escheat.

In the borough of Nottingham, the Mayor was the Escheator, and presumably still is as regards the city, having been appointed by the Charter of King Henry VI. "henceforth the Escheator of us our heirs and successors." For this privilege we find from the chamberlain's accounts of the town for the year 1500, the sum of 15/- was paid to "John Fitz-Herbert, the attorney in our Lord the King's Exchequer for his fee and for the office of Mayor as Escheator this year," and there are similar entries

in the accounts for several subsequent years.'

An Inquisition was held in Nottingham, in January, 1530-1, before "Costance Pychard, Mayor of the Town and escheator, after the death of John Williamson," who died seised of various properties in Nottingham, including one messuage upon "le Tymber Hyll," one messuage upon "le long Rowe," and one messuage at "le Hancros."2 Another Inquisition regarding St. John's Hospital, was on the 9th of June, 1552, taken before "Thomas Cockayne, Mayor of the Town of Nottingham, Escheator of our Lord the King of the County of the Town of Nottingham by virtue of his office."3

The mayor, for the time being, was required to make his "proffers" and account before the treasurer and barons of the exchequer, of all manner of things touching the office of escheator, whereof he was accountable (Charter Henry VI.). In this duty the worshipful mayors do not seem to be immaculate, as we find in the chamberlain's accounts for the year 1558, the following entry: "Item peyd for Maister Cockeyn and Maister Collenson beyng arested by ij wrytes out of the Excheker for their tyme of Meyralte beyng Excheter for the towne of Nottingham consernyng theire accompt makyng iiijs viijd."

There does not appear to have been any escheat of property in the borough or city of Nottingham in recent times.

(1)"Records of the Borough of Nottingham," III., pages 69, 375, 378, 417, IV., page 115.

(2) "Notts. Inquisitones post mortem" (issued by the Thoroton Society), part IV., page 198.

(3) "Records," IV., page 21.

(1) "Records," IV., page 123.