ESC 
ESCATALF.E'S, a town of France, in the department 
of the Garonne : five miles weft of Montauban. 
ESCATA'RI, a fmall ifland about five leagues north 
of Louiftiourg, in the illand of Cape Breton. 
ESCATRQ'N, a town of Spain, in Arragon : twelve 
miles north-north-weft of Alcanniz. 
ESCH, a town of the duchy of Luxemburg, on the 
Sours feven miles weft of Dicrich, 
ESCHALO'T,/ [Fr.] Pronounced Jhallot.—Efchalots 
are now from France become an Englifh plant, managed 
after the fame manner as garlick. Mortimer. —The efclia- 
lot was firft brought into France from Afcalon, about 
which place it grows wild ; and lienee called Cepa AJca- 
lonica, and Ajcalonilides. The old Englifh name was barren 
onyons , becaufe it leldom puts up any flowering ftem. See 
Allium. 
ES'CHAR,/! [from ss^afou, Gr. to fcab over.] A 
hard cruft or fear made by hot applications.—When i flues 
are made, or bones expofed, the efehar fhould be cut out 
immediately. Sharp. 
ESCHA'RA,/. the trivial name of a fpecies of horn- 
wrack. See Flustra. 
ESCHA'ROTIC, adj. Cauftic ; having the power to 
fear or burn the flefh. 
ESCHA'ROTIC,/. A cauftic application.—An efehar 
was made by the catheretic, whicli we thruft off, and con¬ 
tinued the ufe of e/charoties. Wifcman. 
ESCHE, a town of Swifferland, in the canton of Uri : 
eight miles fouth-eaft of Altorff. 
ESCHE'AT, f. \_cfcaeta, Lat. from the old French 
tjeheoir , to fall or happen.] In the Englifh jurifprudence, 
it is the Cafual defeent, in the nature of forfeiture, of lands 
and tenements,within his manor, to a lord; either on failure 
of iffue of the tenant dying feifed, or on account of the 
felony of fuch tenant. By attainder, for treafon or other 
felony, the blood of the perfon attainted is fo corrupted, 
as to be rendered no longer inheritable. Great care, 
however, muft be taken to diftinguifh between forfeiture 
of lands to the king, and this fpecies of efeheat to the 
lord; which, by reafon of their fimilitude in fome cir- 
cumftances, and becaufe the crown is very frequently the 
immediate lord of the fee, and therefore entitled to both, 
have been often confounded together. But in faff efeheat 
operates in fubordination to this more ancient and fuperior 
law of forfeiture, zlnjl. 64. 
The dodlrine of efeheat upon attainder, taken fingly, 
is this; that the blood of the tenant, by the commiflion 
of any felony, is corrupted and ftained, and the original 
donation of the fend is thereby determined. Upon the 
thorough demonftration of which guilt, by legal attain¬ 
der, the feudal covenant and mutual bond of fealty are 
held to be broken, the eftate inftantly falls back from the 
offender to the lord of the fee, and the inheritable quality 
of his blood is extinguilhed and blotted out for ever. In 
confequence of which corruption and extindlion of here¬ 
ditary blood, the land of all felons would immediately re¬ 
volt in the lord, but that the fuperior law of forfeiture 
intervenes, and intercepts it in its paffage ; in cafe of trea¬ 
fon for ever, in cafe of other felony, for only a year and a 
day. zlnjl. 36. See the article Tenure. 
It has been holden, that a faving againft the corruption 
of blood in a ftatute concerning felony, doth by confe¬ 
quence fave the land to the heir, fo as not to efeheat; 
becaufe the efeheat to the lord for felony is only pro defettu 
tenentis, occafioned by the corruption of blood : but it hath 
been adjudged, that a faving againft the corruption of 
blood, in a ftatute concerning treafon, doth not fave the 
land to the heir : for in treafon the land goes to the king 
by way of immediate forfeiture. 3 hjl. 47. Inheritances 
of things not lying in tenure, as of rents, commons, &c. 
cannot efeheat to the lord, becaufe there is no tenure : 
nor defeend, by reafon the blood is corrupted : though 
they are forfeited to the king by an attainder of treafon, 
and the profits of them fit a 11 bealfo forfeited to the king 
on attainder of fekny, during the life of the offender - t and 
.3 
ESC M 
after his death it is faid the inheritance fliall be extin- 
guilhed. z Hawk.. P. C. c. 49. 
In cafes of efeheat, the blood of the tenant being ut¬ 
terly corrupted and extinguifhed, it follows, not only 
that all that he has at the time of his offence committed 
fliall efeheat from him, but alfo that he fliall be incapable 
of inheriting any thing for the future. This farther ii- 
luftrates the diftinftion between forfeiture and efeheat. 
If therefore a father be feifed in fee, and the fon commits 
treafon and is attainted, and then the father dies: the 
land fliall efeheat to the lord, becaufe the fon, by the cor¬ 
ruption of his blood, is incapable to be heir, and there 
can be no other heir during his life; but nothing (hall be 
forfeited to the king, for the fon never had any intereft 
in the lands to forfeit. Co. Litt. 13. In this cafe the 
efeheat operates, and not the forfeiture ; but in the fol¬ 
lowing inftance the forfeiture works, and not the efeheat. 
As where a new felony is created by a£l of parliament, 
and it is provided (as is frequently the cafe) that it fliall 
not extend to corruption of blood : here the lands of the 
felon fliall not efeheat to the lord, but yet the profits of 
them fliall be forfeited to the king for a year and a day, 
and fo long after as the offender lives. 3 Itjl. 47. 
Hulband and wife, tenants in fpecial tail ; the hufband 
is attainted of treafon and executed, leaving iffue ; on the 
death of the wife the lands fliall efeheat, becaufe the iffue 
in tail ought to make his conveyance by father and 
mother, and from the father he cannot by reafon of the 
attainder. Dyer 322. If tenant in fee Ample is attainted 
of treafon, and executed, upon his death the fee is veiled 
In the king, without office found ; yet he muft bring a 
Jcire facias againft the tertenants ; lands lhall never efeheat 
to a lord of whom they are holden, until office found. 
3 Rep. 10. 
Efeheat feldom happens to the lord for want of an heir 
to an eftate; but when it doth, before the lord enters, 
the homage jury of the lord’s court ought to prefent it. 
2 Injl. 36. Land lhall efeheat to the lord, where heirs 
are born after attainder of felony. 3 Rep. 40. Though if 
the king pardons a felon before convidiion, the lord fliall 
not have his lands by efeheat; for the lord hath no title 
before attainder. 2 Keif. Abr. 744. If on appeal of death 
or other felony, procefs is awarded againft the party, and 
pending the procefs he conveyeth away the land, and after 
is outlawed, the conveyance is good to defeat the lord of 
his efeheat : but if where a perfon is indidted of felony, 
pending the procefs againft him, he conveys away his 
land, and afterwards is outlawed, the conveyance fliall not 
prevent the lord of his efeheat. Co. Litt. 13. As a confe¬ 
quence of this dodtrine of efeheat, all lands of inheritance 
immediately revelling in the lord, the wife of the felon 
was liable to lofe her dower, till the ftat. 1 Ed. VI. c. 12. 
and ftill by ftat. 5 & 6 Ed. VI. c. 11, the wife of one at¬ 
tainted of high treafon lhall not be endowed. See the ar¬ 
ticle Dower, in vol. vi. 
There is one fingular inftance in which lands held in 
fee-fimple are not liable to efeheat to the lord, even when 
their owner is no more, and hath left no heirs to inherit 
them. And this is the cafe of a corporation ; for if that 
conies by any accident to be diflolved, the donor or his 
heirs lhall have the land again in reverfion, and not the 
lord by the efeheat; which is perhaps the only inftance 
where a reverfion can be expedlant on a grant in fee-fimple 
ablolute. See Corporation, vol. v. p.222—226. 
To ESCHE'AT, v. a. To fall to the lord of the manor 
by forfeiture, or for want of heirs.—He would forbear to 
alienate any of the forfeited efeheated lands in Ireland, 
which ftiould accrue to the crown by reafon of this re¬ 
bellion. Clarendon. 
ESCHEA'TOR,/. \_efcaetor, Lat.] An officer anciently 
appointed by the lord treafurer, See. in every county, to 
make inquefts of titles by efeheat ; which inquefts were 
to be taken by good and lawful men of the county, im¬ 
panelled by the Iheriff. Stats. 14 Ed. III. c. 8. 34 Ed. 111 . 
c. 13. 8 H. VI, c, 16. Thefeefcheators found offices after 
the 
