Page:Prerogatives of the Crown.djvu/250

230 Revenue.-^Escheats. [Ch.XI. Sec.L for his benefit («). The King is it seems entitled to a lease for years taken by an alien contrary to 32 Hen. 8. c. 16. s. 13(6). 2. On the same principles of the feudal system is founded the doctrine of escheats to the lord of the fee j^roptei^ deliduvi teyientis. The blood of the tenant being corrupted and ren- dered no longer inheritable by an attainder, the original de- nomination of the feud is altered and determined : it being always granted to the vassal on the implied condition of dum bene se gesserit (c). It is in this point of view that escheats to the lord, and forfeitures of lands to the Crown, which have sometimes been confounded together, essentially differ; for forfeitures were, as before observed, used and inflicted as punishments by tlie old Saxon law without the least relation to the feudal system, and they differ in other material re- spects {d). At common law the blood was corrupted by an attainder (but not till the attainder) of high treason, or any species of felony. In the former case it still obtains, except in the in- stance of treasons respecting the coin [e). But by a late sta- tute 54" G. 3. c. 145. the corruption of blood and a forfeiture of lands after death is taken away in. all cases, except high and petit treason and murder, so that no attainder for any other felony " shall extend to the disinheriting of any heir, nor to the prejudice of the right or title of any person other than the right or title of the offender during his natural life only; and that it shall be lawful to every person to whom the right or interest of any lands or hereditaments after the death of any such offender should or might have appertained if no such attainder had been, to enter into the same." We have already seen to whom escheats revert, that is, to the lord of the fee, who is almost universally the King. In the case of attainder of high treason, the superior law of for- (a) 1 Bla. Rep. 144; and I Bac. Ibid. Ab. 134, cites Rol. Ab. 194. Hob. 214. (c) 1 Inst. 8, a, 391, b. 2 Bla. Com. Cro. Jac.312. AUcn, 14. Style, 20, 252. ^21,76. Parker, 156. See 13 Geo. 3. (rf) 1 Bla. Rep. 143. .c. 14. which enables aliens to lend mo- {e) 5 El. c. 1 1. s. 2. 18 EI.c. 1. s. 2. jney on West India Land. 8 and 9 W. 3. c. 2G. s. 8. 15 Geo. 2. (A) Co. Lit. 2, b. and n. 6. See notes, c, 28. s. 4. feiture