Perfons attainted in inherit those lands; but a fon born afterwards may, even though his elder brother were living. For the father, before denization, had no inheritable blood to communicate to his eldest fon; but, by denization, it acquired an hereditary quality, which will be tranfmitted to his subsequent pofterity. § 20. Perfons attainted of high treafon or felony, capable of in- are incapable of inheriting, or of transmitting their own property by heirship. heriting. Inft. 8 a. 391 b. Cent. 1 Ca. 2. Cent.5 Ca.27. Vide Noy 168, Rex v. Borefton. 1 Inft. 163 b. Thus, Lord Coke fays:-" If a man be attainted of "treafon or felony, he can be heir to no man, nor 66 any man heir to hini, propter delictum. For that, by "his attainder, his blood is corrupted; and this cor❝ruption of blood is fo high, as it cannot absolutely "be falved and restored, but by act of parliament." his § 21. A perfon may, however, inherit from one of parents, though the other fhould be attainted of treafon or felony; for duplicatus fanguis is not neceffary in descents. Thus, it is faid in Jenkins, an attainted perfon marries an heirefs, and has iffue by her; that iffue fhall inherit, for the marriage was lawful, and he claims only from the mother. § 22. Lord Coke fays, if a man be seised of lands in fee and hath iffue two daughters, and one of the daughters is attainted of felony, the father dieth, both daugh ters being alive, the one moiety fhall defcend to the one daughter, and the other moiety shall escheat. § 23. There $ 23. There is a farther confequence of the cor. ruption and extinction of hereditary blood, namely, that the perfon attainted fhall not only be incapable himself of inheriting, or of tranfmitting his own property by heirfhip, but fhall also obstruct the descent of lands or tenements to his pofterity, in all cafes where they are obliged to derive their title through him, from any remoter ancestor. S 24. Thus, it is laid down by Lord Hale, that if P. C. P. 1. there be grandfather, father, and fon, and the father 356. is attainted, and dies in the lifetime of the grandfather, the fon cannot inherit from the grandfather; because he muft, of neceffity, derive his defcent through his father, which he cannot do, by reafon of the attainder. § 25. Where there were two brothers, and the youngest had iffue a fon, and was attainted of treafon 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. § 26. It is, however, a general rule, that the attainder of a person who need not be mentioned in the derivation of the defcent, does not prejudice, let the ancestor be never fo remote; and, therefore, where a perfon may claim as immediate heir to an ancestor, without deriving his descent through an attainted person, he will not be affected by fuch attainder. Grey's Cafe, Cro.Car.543. § 27. Thus, if a man has two fons, and the eldeft Dyer 48 a. is attainted, and then the father dies, the younger brother brother cannot inherit from his father; for the elder brother, though attainted, is ftill a brother, and no other can be heir to the father, while he is alive. But if the elder brother dies in the lifetime of the father, the younger brother will then inherit from his father, because he can derive his defcent from him, without mentioning his elder brother, or claiming through Hob. 334. him. If the eldest son had left issue, the younger broCro.Car.435 ther could not inherit. Rot. Parl. Vol. 3. p.1440. 1 Inft. 8 a. § 28. The incapacity of the younger brother to inherit from his father, where the elder brother was attainted and alive, was confidered as fuch a hardship, that, in 1 Hen. 4., a petition was preferred by the commons to the king, praying, that where the eldest fon during the life of the father was attainted, the next brother might, notwithstanding, fucceed as heir to his father. To which, the king answered, let the common law run. § 29. Lord Coke says, if a man hath iffue two fons, and after is attainted, and one of the fons purchases lands, and dies without iffue, the other brother shall be heir; for the attainder of the father only corrupts the lineal blood, and not the collateral blood between the brothers, which was vefted in them before the attainder. And, afterwards, his Lordfhip fays,-But fome have holden, that if a man after he is attainted have iffue two fons, that the one of them cannot be heir to the other, because they could not be heir to the father, for that they never had any inheritable blood in them. But But it is now fettled, that the defcent between bro- Collingwood v. Pace, thers is immediate; and, therefore, that the attainder 1 Vent. 413. of the father does not prevent his fons from inheriting 3 Salk. 129. from each other; for, though the father is medium differens fanguinis, yet he is not medium differens hæreditatis. § 30. The doctrine of corruption of blood was con- Vide 2 Com. fidered as fo cruel and unjust, that, by a statute paffed 256. in 7 Ann, it was enacted, that it fhould ceafe upon the extinction of the Stuart family. But it has been 39 Geo. 3. revived by a modern statute. S 31. In the defcent of eftates tail, no impediment arifes from corruption of blood, as will be shewn in a fubfequent chapter. c. 93. TITLE XXIX. DESCENT CHAP. III. Of the Rules or Canons of Defcent. 1. 1 Canon.-Inheritances li- § 36. The Heir must be defcended neally defcend. 2. Maxim that Nemo eft Hæres 41. from the firft Purchafer. Defcents ex parte paterna et 30. 4th Canon.-Right of Repre- 86. 35. 5th Canon.-Collateral De 95. Scents. Obfervations on Blackstone's Section 1. Ift Canon. T TH Inheritances lineally defcend. .. HE first rule or canon of defcent as laid down by Sir William Blackstone is-" That inheritances "fhall lineally defcend to the iffue of the perfon who "last died actually feifed, in infinitum; but shall never lineally afcend." 66 To explain this and the fubfequent canons of descent, it will be neceffary to premise some maxims and principles |