If the lawful issue of the bastard at any time fail, their goods become caduciary, and return to the King as ultimus hæres, with respect to such subjects as were established in their persons; and by the right of bastardy, with respect to subjects in which they died in the state of apparent heirs to the bastard.
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A bastard marrying, and in marriage begetting a bairn, that bairn dying intestate and unmarried, and having neither lawful brother nor sister, nor children begotten by that bairn in lawful marriage; after the decease of that bairn, the king will have right to the goods and gear of the father of that bairn so deceased without succession, by virtue of the father's bastardy; but, under that bastardy will not be comprehended so much of the bastardy goods as might befal to that deceased bairn procreate in lawful marriage by the bastard, as said is; neither will the donatary of the bastardy of the father extend to that legitim, which pertains to the bairn, but only the rest of the defunct bastard's goods; and not the less the king will have right also to the legitim, and whole goods and lands also pertaining to that lawful bairn, as ultimus hæres to that bairn; but not by reason of the bastardy of the father only: So that in such cases of the King's succession, there must two things concur, viz. That the stock was a bastard, and that the whole posterity and issue proceeding of that stock, albeit begotten in lawful marriage, be deceased; for, as long as any lives begotten by the bastard in a lawful marriage, the King cannot be ultimus hæres; and where the lawful descent fails, there is no other collateral or ascendant succession of the bastard; and so the right pertains to the King.
