section feesimple and in case where the son purchase land in feesimple and die  without issue they of his blood on the father side shall inherit as heir to he  before any of the blood on the mother side but if he have no heir on the part  of his father then the land shall descend to the heir on the part of the  mother but if a man marry a inheretrix of land in feesimple who have issue a  son and die and the son enter into the tenement as son and heir to his mother  and after die without issue the heir of the part of his mother ought to  inherit and not the heir of the part of the father and if he have no heir on  the part of the mother then the lord of who the land be hold shall have the  land by escheat in the same manner it be if land descend to the son of the  part of the father and he enter and afterward die without issue this land  shall descend to the heir on the part of the father and not to the heir on the  part of the mother and if there be no heir of the part of the father the lord  of who the land be hold shall have the land by escheat and so see the  diversity where the son purchase land or tenement in feesimple and where he  come to they by descent on the part of his mother or on the part of his father  by this it appear that our author divide heir into heir of the part of the  father and into heir of the part of the mother a and note it be a old and true  maxim in law that none shall inherit any land as heir but only the blood of  the first purchaser for refert a quo fiat search everywhere for as for example  Robert coke take the daughter of Knightley to wife and purchase land to he and  to his heir and by Knightley have issue Edward none of the blood of the  Knightleys though they be of the blood of Edward shall inherit albeit he have  no kindred but they because they be not of the blood of the first purchaser  videlicet of Robert coke b they of his blood on the father side here it be to  be understand that the father have two immediate blood in he videlicet the  blood of his father and the blood of his mother both these blood be of the  part of the father c and this make ancient author say that if a man be seize  of land in the right of the wife and be attaint of felony and after have issue  this issue shall not inherit his mother for that he can derive no blood  inheritable from the father and both these blood of the part of the father  must be spend before the heir of the blood of the part of the mother shall  inherit wherein ever the line of the male of the part of the father that be  the posterity of such male be they male or female who ever in descent be  prefer must fail before the line of the mother shall inherit d and the reason  of all this be for that the blood of the part of the father be more worthy  more near in judgement of law than the blood of the part of the mother before  any of the blood on the mother side and it be to be observe that the mother  have also two immediate blood in her videlicet her father blood and her mother  blood now to illustrate all this by example Robert fairfield son of John  fairfield and jane sandy take to wife whether   boy daughter of John boy and  jane Bewpree and have issue William fairfield who purchase land in fee here  William fairfield have four immediate blood in he two of the part of his  father videlicet the blood of the Fairefields and the blood of the sandies and  two of the part of his mother videlicet the blood of the Boyses and the blood  of the Bewprees and so in both case upward in infinitum now admit that William  fairfield die without issue first the blood of the part of his father  videlicet of the Fairefields and for want thereof the blood of the sandies for  both these be of the part of the father if both these fail then the heir of  the part of the mother of William fairfield shall inherit videlicet first the  blood of the Boyses and for default thereof the blood of the Bewprees it be  necessary to be know in what case the heir of the part of mother shall inherit  and where not if a man be seize of land as heir of the part of his mother and  make a feoff in fee and take back a estate to he and to his heir this be a new  purchase and if he die without issue the heir of the part of the father shall  first inherit if a man so seize make a feoff in fee upon condition and die the  heir of the part of the father which be the heir at the commonlaw shall enter  for the condition break but the heir of part of the mother shall enter upon he  and enjoy the land m a man so seize make a feoff in fee reserve a rend to he  and to his heir this rend shall go to the heir of the part of the father but n  if he have make a gift in tail or a lease for life reserve a rend the heir of  the part of the mother shall have the reversion and the rend also as incident  thereunto shall pass with it but the heir of the part of the mother shall not  take advantage of a condition annex to the same because it be not incident to  the reversion nor can pass therewith oh if a man have be seize of a manor as  heir on the part of his mother and before the statute of because buyer  the earth have make a feoff in fee of parcel to hold of he by rend and service  albeit they be new create yet for that they be parcel of the manor they shall  with the rest of the manor descend to the heir of the part of the mother  because many men  transeunt come university who per see non transeunt if a man  have a rend seek of the part of his mother and the tenant of the land grant a  distress to he and his heir and the grantee die the distress shall go with the  rend to the heir of the part of the mother as incident or appurtenant to the  rend for now be the rend seek become a rend charge p a man so seize as heir on  the part of his mother make a feoff in fee to the use of he and his heir the  use be a thing in trust and confidence shall ensue the nature of the land and  shall descend to the heir on the part of the mother Q a man have signiory as  heir of the part of his mother and the tenancy do escheat it shall go to the  heir of the part of the mother if the heir of the part of the mother of land  whereunto a warranty be annex be implead and vouch and judgement be give  against he and for he to recover in valve and die before execution r the heir  of the part of the mother shall sue execution to have in valve against the  vouchee for the effect ought to pursue the cause and the recompense shall  ensue the lose if a man give land to a man to have and to hold to he and his  heir on the part of his mother yet the heir of the part of the father shall  inherit for no man can institute a new kind of inheritance not allow by the  law and the word of the part of his mother be void as in the case that  Littleton put this chapter if a man give land to a man to he and his heir male  the law reject this word male because there be no such kind of inheritance  whereof you shall read more in his proper place if a man have issue a son and  die and the wife die also land be let for life the remainder to the heir of  the wife the son die without issue the heir of the part of the father shall  inherit not the heir of the part of the mother because it vest in the son as a  purchaser and the rule of Littleton hold as well in other kind of inheritance  as in land and tenement f and therefore if there be lord feme mesne and tenant  and the Mesne bind her self and her heir by her deed to the acquittal of the  tenant the Mesne take husband the tenant by his deed grant to the husband and  his heir that he or his heir shall not be bind to acquittal the husband wife  have issue and die this issue be bind as heir to his mother shall not take  benefit of the say grant of discharge for that extend to the heir of the part  of the father and not to the heir of the part of the mother and therefore the  heir of the part of the mother be bind to the acquittal and thus much for the  better understanding of Littleton case concern the heir of the part of the  mother shall suffice but if a man marry a inheretrix here there be another  maxim t that whensoever land do descend from the part of the mother the heir  of the part of the father shall never inherit and likewise when land descend  from the part of the father the heir of the part of the mother shall never  inherit et such of a father of a father et e turning of a mother mother for  more manifestation hereof and of that which hereafter shall be say touch  descent see a table in the end of this chapter shall have the land by escheat  u escheat Eschaeta be a word of be and derive from the French word Eschear id  be to fall to fall out or to fall upon and signify proper when by accident the  land fall to the lord of who they be hold in which case we say the fee be  escheat and therefore of son escheat be call excadentiae or teriae  excadentiales wonder dominus yes capital crime  loco heir to have how often  per diminution well fault to put out blood Himself to hold loco heir to have  to be able nisi per manner donation sit return pron. interrog. tenementi and  ockam who write in the reign of Henry the second treat of tenor of the king  say porro escheat vulgo to say who to go away haec who de king tenent c come  non step forth ration blood haeres and moneybag to slide back ten so as a  escheat do happen two manner of way or per diminution blood I e for default of  heir or per fault to hold I e for felony and that be by judgement three manner  of way or because to hang up per collum or because abjuravi kingdom or because  utlegatus be and therefore they which be hang by martial law in furore pretty  forfeit no land and so in like case escheat by the civilian be call that falls  y the father be seize of land in fee hold of I S the son be attaint of high  treason the father die the land shall escheat to I S near diminution blood for  that the father die without heir and the king can have the land because the  son never have any thing to forfeit but the king shall have the escheat of all  the land whereof the person attaint of high treason be seize of whosoever they  be hold z in a appeal of death or other felony c process be award against the  defendant and hang the process the defendant convey away the land and after be  outlaw the conveyance be good and shall defeat the lord of his escheat but if  a man be indict of felony and hang the process against he he convey away the  land and after be outlaw the conveyance shall not in that case prevent the  lord of his escheat and the reason of this diversity be manifest for in the  case of the appeal the Writ contain no time when the felony be do and  therefore the escheat can relate but to the Dutlawrie pronounce but the  indictment contain the time when the felony be commit and therefore the  escheat upon the outlawry shall relate to that time which case I have add to  the end the student may conceive that the observation of writ indictment  process judgement and other entry do conduce much to the understanding of the  right reason of the law of this word Eschaeta here use by our author come a  escheator a ancient officer so call because his office be proper to look to  escheat wardship and other casualty belong to the crown in ancient time there  be but two escheator in England the one on this side of Trent and the other  beyond Trent at which time they have Subescheators but in the reign of Edward  the second the office be divide and several escheator make in every county for  life c and so continue until the reign of Edward the three and afterward by  the statute of Edward it to enact by authority of parliament that there shall  be as many escheator assign as when king Edward the three come to the crown  and that be one in every county and that no escheator shall tarry in his  office above a year and by another statute to be in office but once in three  year the lord treasurer name he and hereof also come Eschaetria which signify  the Escheatership or the office of the Escheater but now let we hear what our  author will further say unto we and so see the diversity this kind of speech  be often use by our author and do ever import matter of excellent observation  which you may find in the section note in the margin and it be to be well  observe that our author say Sil nad ascun heir c la terre escheat in which  word be employ a diversity as to the escheat between feesimple absolute which  a natural body have and feesimple absolute which a body politic or incorporate  have b for if land hold of I S be give to a abbot and his successor in this  case if the abbot and all the convent die so that the body politic be dissolve  the donor shall have again this land and not the lord by escheat and so if  land be give in feesimple to a dean and chapter or to a major and commonalty  and to their successor and after such body politic or incorporate be dissolve  the donor shall have again the land and not the lord by escheat and the reason  and cause of this diversity be for that in the case of a body politic or  incorporate the feesimple be vest in their politic or incorporate capacity  create by the policy of man and therefore the law do annex a condition in law  to every such gift and grant that if such body politic or incorporate be  dissolve that the donor or grantor shall re-enter for that the cause of the  gift or grant fail but no such condition be annex to the estate in feesimple  vest in any man in his natural capacity but in case where the donor or feoff  reserve to he a tenure and then the law do imply a condition in law by way of  escheat also as have be say no Writ of escheat lie but in the three case  aforesaid and not where a body politic or incorporate be dissolve