Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/267

 Ch. 15. is alo enacted, by the tatute 11 & 12 W. III. c. 6. that all perons, being natural-born ubjects of the king, may inherit and make their titles by decent from any of their ancetors lineal or collateral; although their father, or mother, or other ancetor, by, from, through, or under whom they derive their pedigrees, were born out of the king's allegiance. But inconveniences were afterwards apprehended, in cae perons hould thereby gain a future capacity to inherit, who did not exit at the death of the peron lat eied. As, if Francis the elder brother of John Stiles be an alien, and Oliver the younger be a natural-born ubject, upon John's death without iue his lands will decend to Oliver the younger brother: now, if afterwards Francis hath a child, it was feared that, under the tatute of king William, this newborn child might defeat the etate of his uncle Oliver. Wherefore it is provided, by the tatute 25 Geo. II. c. 39. that no right of inheritance hall accrue by virtue of the former tatute to any perons whatoever, unles they are in being and capable to take as heirs at the death of the peron lat eied: — with an exception however to the cae, where lands hall decend to the daughter of an alien; which daughter hall reign uch inheritance to her after-born brother, or divide it with her after-born iters, according to the uual rule of decents by the common law.

7. attainder alo, for treaon or other felony, the blood of the peron attainted is o corrupted, as to be rendered no longer inheritable.

care mut be taken to ditinguih between forfeiture of lands to the king, and this pecies of echeat to the lord; which, by reaon of their imilitude in ome circumtances, and becaue the crown is very frequently the immediate lord of the fee and therefore entitled to both, have been often confounded together. Forfeiture of lands, and of whatever ele the offender poeed, was the doctrine of the old Saxon law, as a part of Rh