Page:Prerogatives of the Crown.djvu/251

Ch.XI. Sec. I.] Revenue. — Escheats, 231 feiture intervenes, and renders the doctrine of escheat irre- levant; for by such attainder lands of inheritance, though holden of another lord, are forfeited to the Crown, there being an exception in the oath of fealty which saves the tenant's alle- giance to the King («). In case of petit treason and murder no absolute forfeiture of lands is incurred : and in these cases the 54 G. 3. does not take away the corruption of blood ; and therefore in such instances the law of escheats is still important and applicable. Though the land escheat to another lord the King is entitled, before such lord enter, to his year day and waste which has been already considered. The corruption of the offender's blood by an attainder of high treason, petit treason, or murder (which alone can now occasion it), renders him ignoble, and annihilates his honours and dignities (b). Unlike the case of mere forfeiture for offences, it not only causes all he has to escheat from him, but renders him incapable of inheriting any thing in future (c) ; so that property subsequently acquired escheats to the Crown (6/). And if therefore a father be seised in fee, and the son commit trea- son and is attainted, and then the father die ; here the lands escheat to the lord ; because the son, by the corruption of his blood, is incapable to be heir, and there can be no other heir during his life ; but nothing shall be forfeited to the King, for the son never had any interest in the lands to forfeit {e). In this case the escheat operates, and not the forfeiture ; but in the following instance the forfeiture works, and not the es- cheat. As where a new felony is created by Act of Parlia- ment, and it is provided (as is frequently the case), that it shall not extend to corruption of blood ; here the lands of the felon shall not escheat to the lord, but yet the profits of them shall be forfeited to the King for a year and a day, and so long after as the offender lives {f). The corruption of blood affects also the posterity of the offender. His blood being corrupted and rendered imper- (a) 1 Hale, P.C.360. Bac.Ab. For- (c) 2 Bla. Com. 253. feiture, A. and Prerogative, B. 2. ante, {d) Co. Lit. -2, b. ch. 2. s. 2. (0 Co. Lit. 13. (A) Co. Lit. 8, 41. 3 Inst. 211 (/) 3 Inst. 47. 2 Bla. Com. 253. Hawk. b. 2. c. 4. s. 47. V10Ui»|