law, one of the consequences of an attainder; and is both upwards and downwards; so that an attainted person can neither inherit lands or other hereditaments from his ancestors, nor retain those he is already in possession of, nor transmit them by descent to any heir; but the same shall escheat to the lord of the fee, subject to the king's superior right of forfeiture; and the person attainted shall also obstruct all defences to his posterity, wherever they are obliged to derive a title through him to a remoter ancestor. See ATTAINER.
This is one of those notions which our laws have adopted from the feudal constitutions, at the time of the Norman conquest; as appears from its being unknown in those tenures which are indisputably Saxon, or Gavel kind: wherein, though by treason, according to the ancient Saxon laws, the land is forfeited to the king, yet no corruption of blood, no impediment of defection, ensues; and on judgment of mere felony, no escheat accrues to the lord. But, by the law of England, derived as above, a man's blood is so universally corrupted by attainder, that his sons can neither inherit to him nor to any other ancestor, at least on the part of their attainted father.
This corruption of blood cannot be absolutely removed but by authority of parliament. The king may excuse the public punishment of an offender; but cannot abolish the private right which has accrued, or may accrue, to individuals as a consequence of the criminal's attainder. He may remit a forfeiture in which the interest of the crown is alone concerned; but he cannot wipe away the corruption of blood; for therein a third person hath an interest, the lord who claims by escheat. If therefore a man hath a son, and is attainted, and afterwards pardoned by the king; this son can never inherit to his father, or father's ancestors; because his paternal blood, being once thoroughly corrupted by his father's attainder, must continue so; but if the son had been born after the pardon, he might might inherit; because, by the pardon, the father is made a new man, and may convey new inheritable blood to his after-born children.
This corruption of blood, thus arising from feudal principles, but perhaps extended farther than even these principles will warrant, has been long looked upon as a peculiar hardship; because the oppressive parts of the feudal tenures being now in general abolished, it seems unreasonable to reserve one of their most inequitable consequences; namely, that the children should not only be reduced to present poverty (which, however severe, is sufficiently justified upon reasons of public policy), but also be laid under future difficulties of inheritance, on account of the guilt of their ancestors. And therefore in most (if not all) of the new felonies treated by Parliament since the reign of Henry VIII. it is declared that they shall not extend to any corruption of blood; and by the statute 7 Anne c. 21. (the operation of which is postponed by the statute 17 Geo. II. c. 39.) it is enacted, that, after the death of the late pretender and his sons, no attainder for treason shall extend to the disinheriting any heir, nor the prejudice of any person, other than the offender himself; which provisions have indeed carried the remedy farther than was required by the hardship above complained of; which is only the future obstruction of descents, where the pedigree happens to be deduced through the blood of an attainted ancestor.