A Dignity is forfeited by Attainder. Nevill's Cafe. 7 Rep. 33 Tit. 25. f. Tit. 2. c. 2. £. 30. A writ of fummons was accordingly issued to him; and he was feated in the place of the ancient barons of Fitzwalter: $132. A dignity or title of honour, whether held in fee, in tail, or for life, is forfeited, and for ever loft, by the attainder for treafon or felony of the perfon poffeffed of it; and can never be again revived, but by reverfal of the attainder. $ 133. Charles Nevill, Earl of Westmoreland, to him and the heirs male of his body, by letters patent, was attainted of high treason, by outlawry, and by act of parliament; and died without iffue male; upon which Edward Nevill claimed to be Earl of Westmoreland, as heir male of the body of the first grantee of the earldom. It was refolved by all the judges, that, although the dignity was within the statute de donis conditionali= bus, yet it was forfeited by a condition in law, tacitè annexed to the estate of the dignity; for an earl has an office of truft and of confidence: and, when fuch a perfon, against the duty and end of his dignity, takes not only council, but alfo arms against the King, tơ destroy him, and thereof is attainted, by due course of law; by that he hath forfeited his dignity, in the fame manner, as if tenant in tail of an office of trust misuse it, or use it not; these are forfeitures of such office, for ever, by force of a condition in law tacitè annexed to their eftates. It was also refolved that, if it had not been forfeited by the common law, it would have been forfeited by the 26 Henry 8. Blood. § 134. In the case of a dignity descendible to heirs Corruption of general, the attainder of any ancestor of a perfon claiming fuch dignity, through whom the claimant must derive his title, (though the person attainted was never poffeffed of the dignity), will bar fuch claim: for, the blood of the perfon attainted being corrupted, no title can come through him. S 135. William Marquis of Tullibardine, the eldest fon of John first Duke of Athol, was attainted by act of parliament, 1 Geo. 1. and fled into France. An act of parliament was paffed in the fame feffions, by which it was enacted, that the attainder of the Marquis of Tullibardine fhould not extend to prevent any defcent of honour or estate from the Duke of Athol to James Lord Murray his fecond fon; but that all the honours, titles, and estate of the faid Duke of Athol fhould, from and after his death, defcend to the faid James Murray and his iffue, in fuch manner as the fame would have defcended, in cafe the faid Marquis of Tullibardine had not been attainted of high treason, and had died without iffue in the lifetime of the faid Duke of Athol. § 136. In the year 1723, Robert Lumley Lloyd, Coll. 373. rector of St. Paul's, Covent Garden, claimed the barony of Lumley, which was created by writ of fummons in 8 Rich. 2., as heir to Ralph Lord Lumley, the first person fummoned to parliament. It appeared, that George Lumley, the eldest son of John Lord Lumley, was attainted of treafon in the lifetime of his father; 1 Exception. Intailed Dignities. Law of For feiture, 2 Hale, P. C. 356. and died before his father, leaving iffue from whom the claimant was defcended. The House of Lords refolved, that the petitioner had not any right to a fummons to parliament, as prayed by his petition *. $137. In the case of intailed titles, no corruption of blood takes place. And, therefore, a dignity in tail may be claimed by a fon, furviving an attainted father, who never was tenant in tail in poffeffion of fuch dignity: for the fon may claim from the first purchaser of the dignity per formam doni, as heir male of his body within the description of the grant. And, though the defcent of a dignity, to which the heirs general of the first grantee are inheritable, may be Ante f. 136. impeded by corruption of blood, as in the cafe of the barony of Lumley, yet the attainder of a father, who was never poffeffed of an intailed dignity, will not prejudice the descent to his iffue. Lords' Jour. vol. 30. P. 466.469. § 138. In 1764, John Murray, presented a petition to his Majefty, ftating that his grandfather John, Marquis of Athol, was by letters patent created Duke of Athol; to hold to him and the heirs male of his body. That the faid Duke of Athol died in 1725; leaving James his eldest fon, who fucceeded to the title, and George his next fon, the petitioner's father. * The doctrine of corruption of blood was abolished in the reign of Queen Ann, but has been revived by the ftatute 39 Geo. 3. c. 93. That That the faid George was, in 1745, attainted of high treafon by act of parliament, and died in 1760; leaving the petitioner his eldest fon. That James Duke of Athol, the petitioner's uncle, died in January 1764, without leaving any iffue male. That the petitioner had confulted many gentlemen, learned in the law of England, particularly the honourable Charles Yorks, Sir Fletcher Norton, and Mr. De Grey; whether the faid attainder, under the circumftances of the cafe, could be any bar to the petitioner's fucceeding to the faid title, upon the death of his faid uncle James Duke of Athol and the faid gentlemen were unanimously of opinion, that as, by the law of England, in a like cafe no objection could arise from the faid attainder; and as, by the ftatute of 7 Ann, all perfons attainted of treason in Scotland were liable to the fame corruption of blood, pains, penalties and forfeitures, as perfons convicted or attainted of high treafon in England, the petitioner would be clearly entitled to fucceed to the faid honours. The petition, therefore, prayed that proper directions should be given, for having the petitioner's right declared and established. The petition was referred to the Houfe of Lords, who refolved, that the petitioner had a right to the title of Duke of Athol and a writ of fummons was iffued to him accordingly. § 139. In all cafes, where a perfon has been at- Reftitution of tainted of high treason by act of parliament, or by Blood. VOL. III. R judgment 354. Hale, P. C. judgment on an indictment for high treason, petty treafon, or felony, his blood is corrupted, and can only be restored by act of parliament; which may be either general or fpecial. But, generally, fays Lord Hale, a restitution in blood is conftrued liberally and extenfively. Ante, f. 136. 1 § 140. In the cafe of the barony of Lumley, the petitioner's counfel produced an act of parliament 6 Edw. 6., upon the petition of John Lumley, eldest fon of George Lumley, fon and heir apparent of John láte Lord Lumley deceased; whereby, after a recital of the attainder of the faid George Lumley, by reason whereof the said John Lumley stood, and was a perfon in his lineage and blood corrupted, and deprived of all degree, eftate, name, fame, and of all other inheritance, that should or might by poffibility have come to him by any other his collateral ancestors, on his faid father's fide, to whom he fhould or might have conveyed himself, as coufin and next heir of blood, by mefne degrees by his faid father: it was therefore enacted, that the faid John Lumley, and the heirs males of his body coming, might and fhould be accepted and called from thenceforth by the name of Lord Lumley; and that he, and the heirs males of his body, fhould have and enjoy, in and at all parliaments, and all other places, the room, name, place, and voice, of a baron of this realm. And that the faid John Lumley, and his heirs, might be and fhould be reftored only in blood, as fon and heir, and heirs to the faid George Lumley, and as coufin and heir and heirs of the faid John |