228 Revenue.— Escheats. [Ch. XI. Sec. I. ancestors ; llly, where he dies without any relations on the part of those ancestors from whom the estate descended ; and 3dly, where he dies without any relations of the whole blood. In all these cases the lands escheat, because there is no one capable of inheriting them («). An extinguishment of inheritable blood takes place, and the doctrine of escheat to be lord of the fee also obtains, if there be no other heir to the party who died seised but a monster, which has not the shape of mankind, and in any part evidently bears the resemblance of the brute creation, for such monster cannot inherit [b). And the same doctrine applies where the only claimant is illegitimate (c). And as bastards cannot be heirs themselves, so neither can they have any heirs but those of their own bodies. For as all collateral kindred con- sists in being derived from the same common ancestor, and as a bastard has no legal ancestors, he can have no collateral kindred; and, consequently, can have no legal heirs, but such as claim by a lineal descent from himself. And therefore if a bastard purchase land, and die seised thereof without issue, and intestate, the land shall escheat to the lord of the fee (</). There is another case in which lands may escheat to the XovA propter defectum sanguinis, and that is where a man leaves no other relations but aliens (the persons falling within which denomination have been already considered) ; for it is a rule of law, founded as much on political as feudal principles, that aliens cannot take by descent, and are incapable of inherit- ing {e). In every country restraints have been laid upon aliens : in England the disabilities to which they are subject are not imposed on them as penalties and forfeitures, but are founded on the necessary policy of the state [f). Aliens have no inheritable blood to transmit, and conse- quently can have no heirs [g), unless made denizens by the King, or naturalized by Act of Parliament. In the first case (fl) 3 Cruise Dig. 382, artd 492. 2 Bla. Com. 249. {b) Co. Lit. 7, 8. 1 Bla. Com. 247. ff) It has therefore been adjudged in {cj Ibid. 1 Inst. 7, b. 244, b. 245. Equity, that an alien cannot demur to a. n. 1. Finch, L. 117. a discovery of any circumstances ne- (rf) 2 Bla. C. 249. and 3 Cruise Dig. cessary to prove the fact of alienage. 374. See Bract. J. 2. c. 7. Co. Lit. Parker, 144. 5 Bro. P. C. 91. 244. {g) Ibid. Co. Lit. 2. 1 Lev. 59. (f) Co. Lit. 8. Bac. Ab. Aliens, C children
