FORFEITURE. 
“omitted ; fo as to avoid all intermediate fales and in- 
211.) 5 -but no t thofe before the fad: 
§ jointure is not forfeitable for the 
treafon of her 
revious the treaf mm 
Fosteited oo ne expref provifion of ftatute 5 an 
Ed I.c. 31. And yet the rca 
- curtefy of the wite’s “vands, the wife b 
e fon (1 Hal. P.C. 359.) : for ore is not prohibited by 
But, thoug -h after attainder, the forfeiture 
before judgment pronounced, or is killed in open rebellion, 
-or is pave by martial law ; it works no oe of his 
nds, for ver was attainted of treafon (Co. Litt 
fr) 
‘returns the recor a into his own ake, ok lands and pee 
fhail be forfeited. (4 Rep. 57.) 
orfeiture of lands an tenements.to the crown for 
on i derived from the-feodal policy, but 
“was antecedent to the ey igs i ee 
ifland ; g tran{mitte 
Aelfr, c. 4. Canut..c.54.); a a Dining a ~ 
eient Scandinavian conftitution, (Stier nh, aie Goth. 
1. ii. c.6. L iii. c.3.) But in-certain treafons relating to the 
ee it is poe by fome of the modern ftatutes (5 Eliz. 
11.5 iz. c. 1.) which conftitute the offence, that it 
hall work no forfeitare of lands, fave only for the life of the 
offender ; and by all, that it fhall nct deprive the wife of 
‘her dower; (fat. ‘gan and 9 W. IT]. c. 26. 15 and 1 
¢. 28.) And in order to aye fk enagee! lorena 
entirely, it was enacted by ft Ann, . that, a 
the deceafe of the late en no stainder for ne 
‘fhould extend to the: oe of a 
‘prejudice of any perfon, 
this a@, the law of loonie for ety treafon would by this 
time ‘have been at an en aoa a sy not 
ive them a longer Fane i tio to ex- 
plain this part of hiftory, it thould be ae eT that at 
the time of the union, the crime of treafon in Scotland 
was, by the Scotch laws, in many refpects different from 
that of: treafon in England ; and particularly in its confe- 
qu of forfeiture of entaile ates, which was more 
it. . 1709): the lords artfully propofing 
‘this temporary claufe, in Tone as it is faid, that the pru- 
‘deuce He - ceeding parlia ria would oad it -perpetual, 
{Fok 50.) "This" ‘has pil! ‘been done by the ftatute 
ue Geo. Ik.'c. 39> (made ie ae preceding the kite 
yebilion,) the ‘Operation an thele indemaifying slaufes dace 
. and there 
being. thereby sen farther es till the death of the 
fons of the pre der. 
to the cro 
e king "hall have them for a yea 
com : therein what waite he pleats 3 hich j is called the 
king’s “ year, day, and ae (2 Inft. 37.) Formerly 
the “king had only a liberty of committing wafte on the 
lands of felons, by alae down their houtes, extirpating 
their gardens, ploughing their meadows, and cutting dows 
their woods. a punifhment of a fimilar {pirit appears 
to have obtai me in the oriental countries, from the decrees 
o Reece adnae es and us, anie 
(ch. iti. v.29.) and: Ezra (ch. vi. v. 11.); which, befides 
the pain of death inflicted on the Ging icars there fpeci- 
fied, ordain, * that their houfes fhall be made a | dung- hill.”? 
But as this tended greatly to the prejudice of the public, 
it was agreed, in the reign of Henry Ll. in this kingdom, 
that the king fhould have the profits of the land for one 
year and a day, in lieu of a a rudtion he was otherwife 
at liberty - commit ; (2 hee bla : i. c. 28.) 3 
acon na Car 2 pe ides, (g Hen. IEI. c. 22. ‘ 
that the cin fhall only hold fuch mn for aac aday, 
and then reftore them to the lord o 
mention made of watte. 
“‘ de przrogativa regis,” feems to fuppofe, that the king 
fhall have his year, day, and wafte; and not the year and 
} watte 5. bers oe Edward pa (and the 
may 
$ an encroachment, 
royal prerogative, (Mirr. 
day, and walle, are now  alual pole for ; 
otherwife they regularly belong to t oe crown; and, after their 
expiration, the land would naturally have defcended to the 
heir, (as in gavel-kind ‘tenure it fill dues, ) if its feodal 
quality did not nterespt fuch defcent, and give it by way 
of -efcheat to the lor baad forfeitures for felony. do alfo 
arife onl efore a “ felo de fe” 
sof i pnerciies or shold, for he never is 
Inft. 55.) They ieee aan back 
to the time af the offence committed, .as well as forfeitures 
for treafon ; fo as to avoid all intermediate charges and con- 
part of the forfeiture of real eftates, we 
udge then fitting in the king’s 
courts of. juttice, (3 Inft. oo And it feems that the 
fame forfeiture is incurred by refcuing a pnfonse | in or before 
any of the courts there, committed “by the judges. (Cro. 
Jac. 
<a ath forfeiture of “ goods and chattels” .accrues in 
every one a the higher kinds of offence ; in high treafon 
on.thereaf, petit treafon, fale of ail i, 
felf. 
an 
rgyable or not, urder clony 
de. fey pett larciny, ftandin mute and the above-men- 
tioned offences of firiking, &c. m Weftmintter ball. I 
fight alfo,- .on an accufatiau of treafon, felony, or even 
petit larciny, whether the party be found guilty or ac- 
quitted, if the: jury find the Hight, the party fhall forfeit his 
‘But the jury very feldom. find the 
attels. 
Bane (Staundé. PB. G. 183 8.) forfeiture being looked upon, 
the vaft increafe of perfonal property. of late years, 
as 
