Page:Prerogatives of the Crown.djvu/252

 2a2 Revenue.— Escheats. [Ch. XI. Sec. I. vious, he is not only unable to transmit his own property by heirship, but obstructs the descent of lands to his heirs, in all cases where they are obliged to derive their title through him from any remoter ancestor (a). Therefore, the son of an at- tainted traitor cannot inlierit his grandfather's lands, but they escheat to the Crown {b) ; and where there were two brothers, and the youngest had issue a son, and was attainted of treason, and executed, it was held, that the son of the youngest brother could not inherit from his uncle, because he must derive his descent through his father (c). It is, however, a clear rule, that the corruption of blood does not affect the succession of collateral issue ; so that if a person whose blood is corrupted has sons, one of whom acquires an estate of his own, and dies without issue, his brother will inherit, because there is no ne- cessity in such a case to make any mention of the father {d). And it is a general rule, that where there is no necessity to name the individual attainted in a title, his corruption of blood will not vitiate, though the ancestor be ever so distant {e). Thus, for example, if there be a father and two sons, and the eldest is attainted in the lifetime of the father, and dies without issue, the younger son will succeed to those estates which otherwise would have descended to his brother ; but if the elder son, who was attainted, survive the father but a day, so as to have been placed in his room, the lands must escheat, and the succession be for ever defeated [f), A person may, however, inherit from one of his parents, though the other should be at- tainted of treason, or felony, for duplicatus sanguis is not neces- sary in descents. Therefore, if an attainted person marry an heiress, and have issue by her, that issue shall inherit, for the marriage was lawful, and he claims only from the mo- ther (g). All lands and tenements held in socage, whether of the King or of a subject, are liable to the law of escheats ; as are copy- hold lands, on attainder, which, however, revert to the lord of («) Hal. P. C. 336. 740. (A) Ibid. (e) Hawk. b. '2. c. 49. s. 49. Bac.Ab. (f) Grey's Case. Dyer, 274. Cro. Forfeiture, G. Car. 543. 3 Cruise Dig. 379. (/) 1 Cbitty, Crim. L. 741. (ri) Co. Lit. 8, a. 1 Hale, 367. Ha»vk. (g) Jenk. Cent. 1. ca. 2. Cent. 5. b. 2. c. 49. s. 4?. 1 Chitty, Crim. L. ca.27. Noy. 168. 3 Cruise Dig. 378. 8 the