Forms: 4–7 eschet(e, (4 echete, escheyte, 5 eshete, eþchete), 5–7 escheate, 6–7 Sc. escheit(te, 6–7 excheat(e, -chete, 6– escheat. See also CHEAT sb. [ME. eschete, a. OF. eschete, eschaete, escheoite, n. of action (orig. fem. pa. pple.), f. OF. escheoir (mod.F. échoir):—late L. *excadēre (class. L. excidĕre) to fall to a person’s share, f. L. ex out + cadĕre (vulg. L. cadēre, OF. cheoir) to fall. In continental OF. the sb. meant succession, inheritance, esp. collateral inheritance; in England the etymological sense received a different application. As in many other words (cf. exchange) the prefix es- was in the 16–17th c. often replaced by ex- after L. analogies.]
I. Law.
1. An ‘incident’ of feudal law, whereby a fief reverted to the lord when the tenant died without leaving a successor qualified to inherit under the original grant. Hence, the lapsing of land to the Crown (in U.S., to the state), or to the lord of the manor, on the death of the owner intestate without heirs.
As an attainted person, according to the doctrine of ‘corruption of blood’ (see ATTAINDER), could have no legal heir, his property suffered escheat. This ‘escheat by corruption of blood,’ theoretically distinct from the ‘forfeiture’ inflicted as a penalty for treason and felony, was abolished together with the latter by the Felony Act, 1870.
[1292. Britton, 69. Queus demeynes nous tenoms … de eschete et de purchaz.]
c. 1380. Wyclif, Sel. Wks., III. 307. Many londis schulde falle into þe kyngis [hondis] bi eschet.
c. 1430. Syr Gener. (Roxb.), 2190. A rich erle-dam … to him of Eshete late cam.
c. 1460. Fortescue, Abs. & Lim. Mon. (1714), 77. And by Eschetes, ther may not so mich Land fall to any Man as to the Kyng, because that no Man hath so many Tenaunts as he.
1533. More, Debell. Salem, Wks. 977/1. Swering a mans death, and winning a mans lande by eschete.
1649. Selden, Laws Eng., I. lxiv. (1739), 130. He forbad the study of the Law, that so it might die without heir, and he have all by Escheat.
1765. Blackstone, Comm., I. II. vi. 69. Escheats are equally incident to tenure in socage.
a. 1862. Buckle, Misc. Wks. (1872), I. 353. Escheats were frequent in England, because there was no power of willing away land.
transf. 1658–9. Burton’s Diary (1828), III. 183. The right did revert by escheat to the people upon the great change.
b. In Scotland in wider sense, including: Confiscation or forfeiture of property, real or personal. Simple escheat: the absolute forfeiture of a person’s estate; opposed to liferent escheat, the forfeiture of the profits accruing during his lifetime.
1457. Sc. Acts Jas. II. (1597), § 71. That na woman cum to kirk … with hir face mussalled, or covered that scho may not be kend, vndir the pane of escheit of the courchie.
2. concr. Property, real or personal, falling by escheat to the lord, king or state. In quot. 1330 eschete may be pa. pple.
c. 1330. R. Brunne, Chron. (1810), 244. Ilk castelle and toure To þe kyng is eschete, als to chefe of alle.
1393. Langl., P. Pl., C. V. 169. Thorȝ ȝoure lawe, ich leyue ich lese menye escheytes.
1474. Ld. Treas. Acc. Scotl., 11. The eschaeatis … of thaim that [wer] at the slauchter of Thome of Prestone.
1577–87. Holinshed, Chron., III. 1073/2. As well in prouiding excheats and wards for their children and kinsfolks.
1600. Holland, Livy, I. 39. Suffering himselfe and all that he had to fall into the kings hands as an escheat.
1637–50. Row, Hist. Kirk (1842), 37. Such as is put to the horn for Ministers stipends, their escheits shalbe uplifted.
1841. Elphinstone, Hist. Ind., I. 41. Escheats for want of heirs have been mentioned as being his [the King’s].
1875. Stubbs, Const. Hist., I. xiii. 607. Not even the tenants of a great escheat in the royal hands escaped the obligation.
transf. 1590. Spenser, F. Q., III. viii. 16. To leave to him that lady for excheat.
† b. collect. The fund or possession formed by escheated estates. Obs.
c. 1330. R. Brunne, Chron. (1810), 247. Þe dettes þat men þam auht … Wer taxed & bitauht to þe eschete of þe kyng.
3. The right of appropriating property subject to escheat.
1570–6. Lambarde, Peramb. Kent (1826), 496. But as touching the Lande, he shall neither have the Eschete of it.
1609. Skene, Reg. Maj., 3. The Baron sall haue the escheit of the gudes pertening to the malefactor.
1759. Sterne, Tr. Shandy, I. 18. Reversions, services, annuities … views of frankpledge, escheats [etc.].
1844. J. Williams, Real Prop. (1877), 127. A right of escheat seldom accruing.
† 4. A writ (AF. bref de eschaete) now abolished, to recover escheats from the person in possession.
[1292. Britton, 54. Voloms nous qe teles alienaunces soint repellables par les chiefs seignurs des feez par nos brefs de Eschaete.]
1672. in Cowel, Interpr., s.v. Eschete, Escheat is used for a Writ which lyeth, where the Tenant having Estate in Fee-simple in any Lands or Tenements holden of a superior Lord, dyeth seised without Heir general or special.
1842. Barham, Ingol. Leg., Sir Rupert. Away went ‘cognovits,’ ‘bills,’ ‘bonds,’ and ‘escheats.’
† 5. (See quots.) Obs.
1672. Cowell, Interpr., s.v. Eschete, Escheat is also used sometimes for the Place or Circuit within which the King, or other Lord hath Escheats of his Tenants.
1736. in Bailey.
1751. in Chambers, Cycl.; and in mod. Dicts.
II. 6. The levying of contributions, plunder; concr. in pl. booty, spoil. Cf. CHEAT 2.
1577–87. Harrison, Descr. Brit., x. 37, in Holinshed. For their wares, whereof they [pirates] make good peniworths, as theeves commonlie doo of such pieces as they get by like Escheat.
1590. Spenser, F. Q., I. v. 25. To make one great by others losse is bad excheat.
1609. Holland, Amm. Marcell., XXVI. viii. 299. Commanded the house of Arbetio, full (as it was) by reason of those inestimable escheats … to be rifled and ransacked cleane.
