F O R F E 
be a forfeiture of eftate. Plowd. 1,5. Co. Lit. 251. But where 
1 lie land granted by tenant for life, or years, is not well 
conveyed ; or the thing does not lie in livery, as a rent, 
common, or the like; he will not forfeit his eftate: and 
therefore if a feoffment, gift in tail, or leafe for another’s 
life, made by the tenant for life, is not good, for want of 
words in making if, or due execution in the livery and 
feifin, this thall not produce a forfeiture. 2 Rep. 55. When 
tenant in tail makes leaftrs? not warranted by the flatute ; 
a copyholder commits wafle, refufes to pay his rent, or 
do fuit of court ; one to whom an eftate is granted upon 
condition, does not perform the fame; in all thefe cafes 
forfeitures, are incurred. 1 Rep. j 5. 
Entry for a forfeiture ought to be by him who is next 
in reverfion, or remainder after the eftate forfeited-. As, 
if tenant for life or years commits a forfeiture, he who 
lias the immediate reverfion, or remainder, ought to enter, 
though he has the fee, or only an eflate-tail. 1 Rol. 857. 
It (hall be a difpenfation of the forfeiture, if he in rever- 
iion, or remainder, he a party to the eftate made, and ac¬ 
cept it: as, if a lutfoand, feifed in right of his wife for life, 
leafes to him in reverfion for his own life. 1 Rol. 856. 
Criminal forfeitures, or forfeitures for crimes , are 
founded upon this principle: that all property is derived 
from fociety, being one of thofe civil rights conferred on 
individuals in exchange for that degree of natural free¬ 
dom which every man mult facrifice when he enters into 
fucial communities. If therefore a member of any na¬ 
tional community violates the fundamental contract of 
his afl'ociation, by tranfgreffing the municipal law, he 
forfeits his right to fuch privileges as he claims' by that 
contract; and the date may very juftly relume that por¬ 
tion of property, or any part of it, which the laws have 
before afligned him. Hence in every offence of an atro¬ 
cious kind, the laws of England have exacted a total con- 
fifeation of the moveables or perfonai eftate ; and in many 
cafes perpetual, in others only a temporary lofs, of the 
offender’s immoveables or landed property : and have 
veiled them both in the king, as the perfon fuppofed to 
be offended, being the one vifible magiftrate in whom the 
majefty of the public relides. 1 Comm. 299. The offences 
which induce a forfeiture of lands and tenements are prin¬ 
cipally the following fix : 1. Treafon. 2. Felony. 3. 
Mifprifion of treafon. 4. Prasmunire. 5. Drawing a wea¬ 
pon on a judge ; or Itriking any one in the prefence of the 
king’s courts of juftice. 6. Popifli recufancy; or non- 
obfervance of certain laws enabled in reftraint of papifts. 
By common-law on attainder of high treafon, a man 
forfeits to the king all his lands and tenements of inhe¬ 
ritance, whether fee-fimp’e or fee-tail, and all his right 
of entry on lands and tenements, which he had at the 
time-of the offence committed, or at any time afterwards: 
to be for ever vefted ii\ the crown. And alfo'the profits of 
all lands and tenements, which he had in his own right 
for life or years, fo long as fuch interefl (hall fubfifi. Co. 
Lit. 392. 2 Hawk. P. C. c. 49. This forfeiture relates back¬ 
wards to the time of the treafon committed, fo as to avoid 
all intermediate fales and incumbrances, but not thofe 
before the fa Cl. 3 lft. 211. A wife’s jointure is not for¬ 
feitable for the treafon of her hufbar.d ; becaufe fettled 
upon her previous to the treafon committed. But her 
dower is forfeited by the exprefs provifion of 5 and 6 
Edw.VI. c. 11, repealing in that particular 1 Edw. VI. 
c. 12. The hufband notwithflanding fhall be tenant by 
the curtefy of the wife’s lands if the wife be attainted of 
treafon, for that is not prohibited by the flatute. 1 Hal. 
P. C. 359. But though, after attainder, the forfeiture re¬ 
lates back to the time,of the treafon committed, yet it 
does not take effeCt unlel's an attainder be had, of which 
it is one of the fruits : and therefore if a traitor dies felo 
de fe, before judgment pronounced, or is killed in open 
rebellion, or is hanged by martial law, it works no for¬ 
feiture of his lands ; for lie never was.attainted'of treafon : 
and by the exprefs provifion of 34Edw. III. c. 12, there 
lhall be no forfeiture of lands for treafon, of dead perfons, 
I T U R E. .571 
not attainted in their lives. Yet if the chief juflice of 
the king’s bench, (the fupreme coroner of all England,) 
in perfon upon the view of the body of one killed in open 
rebellion, records it, and returns the record into his own 
court, both lands and goods fhall be forfeited. 4 Rep. 57. 
Forfeiture of lands and tenements to the crown for trea¬ 
fon is by no means derived from the feodal policy, but 
was antecedent to the eflablifhment of that fyftern in this 
ifland. But in certain treafons relating to the coin, it is 
provided by fome of the more modern flatutes which con- 
flitute the offence, that it fiiall work no forfeiture of lands, 
fave only for the life of the offender : and, by all, that it 
fiiall not deprive the wife of her dower. See 5 Eliz. c. 1 1. 
18 Eliz. c. 1. 8 and 9 Will. lif e.26. 15 and 16 Geo. 11 . 
c. 28. And in order to abolifh fuch hereditary punifh- 
ment entirely, it was provided by 7 Anne, c. 21, that 
after’the deceafe of the late pretender, no attainder for 
treafon fhould extend to the dilinheriting of any heir, 
nor to the prejudice of any perfon other than the traitor 
himfelf. 
In petit treafon, mifprifion of treafon, and felony, the 
offender alfo forfeits all his chattel interefls abfolutely ; 
and the profits of all eflates of freehold during life ; and 
after his death all his lands and tenements in fee-fimple, 
(but not thofe in tail,) to the crown for a fhort period of 
time: for the king fhall have them for a year and a day, 
and may commit therein what wafle he pleafes ; which 
is called the king’s year, day, and wafle. 2 Injl. 37. 3 Lnjl. 
392. Formerly the king had a liberty of committing wafle 
on the lands of felons, by pulling down their houfes, ex¬ 
tirpating their gardens, ploughing their meadows, and 
cutting' down their woods. But tIsis tending greatly to 
the prejudice of the public, it was agreed in the reign of 
Henry I. that the king fhould have the profits of the 
land for a year and a day, in lieu of the deftruCtion he 
was otherwife at liberty to commit; and therefore Magna 
Charta, c. 22, provides that the king fiiall only hold fuch 
lands for a year and a day,' and then reflore them to the 
lord of the fee, without any mention of wafle. Flet. 1 . 1. 
c. 28. This year, day, and walle, are now ufually com¬ 
pounded for; but otherwife they regularly belong to the 
crown, and after their expiration the land would have 
defeended to the heir, (as in gavel-kind tenure it ftill 
does,) did not its feodal quality intercept fuch defeent, 
and give it by way of efeheat to the lord. See the article 
Escheat, in this volume. 
The forfeiture of goods and chattels- accrues in every 
one of the higher kinds of offence : in high treafon or mif¬ 
prifion thereof; petit treafon 5 felonies of all forts, whe¬ 
ther clergyable or not; felf-murder, or felo defe ; petit 
larceny; Handing mute; challenging above thirty-five ju¬ 
rors; and the above-mentioned offences of finking, &c. 
in the king’s courts of juflice ; for flight alfo, on an ac- 
cufation of treafon, felony, or even petit larceny, whether 
the party be found guilty or acquitted, if the jury find 
the flight, the party fhall forfeit his goods and chattels : 
for the very flight is an offence, carrying with it a flrong 
prefumpfion of guilt ; and is at leaft an endeavour to 
elude and ftifle the courfe of juflice preferibed by the 
law. But the jury very feldom find the flight; forfeiture 
being looked upon, fince the vafl increafe of perfonai pro¬ 
perty, as too large a penalty for an offence to which a man 
is prompted by the natural love of liberty. 4 Comm. 387. 
There are fome remarkable differences between the 
forfeiture of lands, and of goods and chattels. 1. Lands 
are forfeited upon attainder, and not before : goods and 
chattels are forfeited by conviction. Becaufe in many of 
the cafes where goods are forfeited there never is any at¬ 
tainder; which happens only where judgment of death or 
outlawry is given ; therefore in thofe cafes the forfeiture 
muff be upon conviction, or not at all ; and being necef- 
farily upon conviction in thofe, it is fo ordered in all other 
cafes. 2. In outlawries for treafon or felony lands are 
forfeited only by the judgment, but the goods and chat¬ 
tels are forfeited by a man’s being firft put in the exigent, 
without 
