Зображення сторінки
PDF
ePub

If you covet death, as utmost end

(fore and tell.) To predict; to prophesy; to Of misery, so thinking to evade

foretoken; to foreshow; to utter prophecy: preThe penalty pronounced, doubt not but God

dicter; foreshower. Hath wiselier armed his vengeful ire, than 80 To be forestalled.

Id. Paradise Lost.

All the prophets from Samuel, and those that follow

after, have likewise foretold of these days. Commodities, good or bad, the workman must take

Acts üï. 4. at his master's rate, or sit still and starve; whilst, by What art thou, whose heavy looks foretell this means, this new sort of ingrossers or forestallers Some dreadful story hanging on thy tongue ! having the feeding and supplying this numerous body

Shakspeare. of workmen, set the price upon

the
poor landholder.

I found
Locke.

The new-created world, which fame in heaven FORESTALLING, in law, buying or bargain

Long bad foretold.

Milton. ing for any corn, cattle, victuals, or merchandise, in Others are proposed, not that the foretold events the way as they come to fairs or markets to be should be known; but that the accomplishment that sold, before they get t'ither, with an intent to sell expounds them may evince, that the foreteller of them

was able to foresee them.

Boyle on Colours. the same again at a higher price. The punish

Mercia's king, ment for this offence upon conviction at the quarter sessions, by two or more witnesses, is,

Warned in a dream, his murder did foretell, for the first time, two months imprisonment and

From point to point, as after it befell. Dryden. the loss of the goods, or the value; for the second

When great Ulysses sought the Phrygian shores, offence, the offender shall be imprisoned six Deeds then undone my faithful tongue foretold; months, and lose double the value of the goods; Heaven sealed my words, and you those deeds behold.

Pope. for the third offence he shall suffer imprisonment during the king's displeasure, forfeit all his

FORETHINK, v. a. & v. n. 2 Fore and think. goods and chauels.

FORETHOUGHT, n. S.

$ To anticipate in Foresters are appointed by the king's letters the mind; to have prescience of; to contrive patent, and sworn to walk the forest at all hours, antecedently; to contrive beforehand : provident and watch over the vert and venison ; also to

care; prescience; anticipation. make attachments and true presentments of all

But may I live a litel while trespasses committed within the forest. If a He shal forthinke his faire semblaunt. man comes into a forest by night, a forester can

And with that worde came Diede avaunt; not lawfully beat him fore he makes some

Which wos abashed, and in grete fere

When he wist Jelousie wos there. resistance; but in case such a person resists the

Chaucer. Romaunt of the Rose. forester, he may justify a battery. And a forester shali not be questioned for killing a trespasser

The soul of every man that, after the peace cried to him, will not sur

Prophetically does forethink thy fall. render himself, if it be not done on any former

Shakspeare. malice; though where trespassers in a forest,

I do pray to thee

Thou virtuous Dauphin, alter not the doom &c., kill a person that opposes them, it is murder

Forethought by heaven. Id. King John. in all, because they were engaged in an unlawful act, and therefore malice is implied to the person to neglect and disobedience; and felt, by the proof

Adam could not be ignorant of the punishments due killed.

thereof, in himself another terror than be had foreFORESTUS (Peter), a Dutch physician, born thought, or could imagine.

Raleigh. in 1522. He studied in Italy, and afterwards

Friday! the fatal day! when next it came, became medical professor at Leyden. He died Her soul forethought the fiend would change bis game. in 1597. He wrote Observations on Medicine,

Dryden. which were printed at Frankfort in 1623, in 6 He that is undone, is equally undone, whether it vols. folio.

be by spitefulness of forethought, or by the folly of FOʻRESWAT, adj. ? From for and swat, oversight, or evil counsel.

L'Estrange. FoʻRESWART. from sweat. Spent with What's my frenzy will be called my crime : heat.

What then is thine ? Thou cool deliberate villain! Miso and Mopsa, like a couple of foreswat melters, Thou wise, forethinking, weighing politician!

Smith. were getting the pure silver of their bodies out of the ore of their garments.

Sidney.

Blessed be that God which hath given you an heart

to forethink this, and a will to honour him with his FORETASTE, v. a. & n. s. Fore and taste. To have antepast of; to have prescience of; to taste before another; anticipation of.

FORETOKEN, v.n. & n. s. Fore and token.

To foreshow; to prognosticate as a sign: prePerhaps the fact

venient sign; prognostic. Is not so heinous now, foretasted fruit, Profaned first by the serpent, by him first

They misliked nothing more in king Edward the Made common, and unballowed, ere our taste.

Confessor, than that he was Frenchified, and account

ed the desire of foreign language then to be a foretoken

Milton.
A pleasure that a man may call as properly his own pened.

of bringing in of foreign powers, which indeed bap

Camden's Remains as his soul and his conscience, neither liable dent, nor exposed to injury: it is the foretaste of whilst strange prodigious signs foretoken blood,

The king from Ireland hastes; but did no good; heaven, and the earnost of eternity. South.

Daniel. FORETELL, v. a. & v. n. Preter. and part.

It may provo some ominous foretoken of misfortune. FORETELLER, n. s. Spass. foretold;

Sidney.

[ocr errors]

Bishop Hall.

to acci

rises among

men.

FORE-TOOTH, n. s.

Fore and tooth. The FORFAR, or Angus, a county of Scotland, is tooth in the anterior part of the mouth; the bounded on the north by Aberdeen and Kincar incisor.

dine, on the east by the German Ocean, on the The foreteeth should be formed broad, and with a south by the frith of Tay, and on the west by the thin sharp edge like chisels. Ray on the Creation. county of Perth. It is twenty-eight miles and a hal.

FOʻRETOP, n. s. Fore and top. That part from north to south, twenty-nine from east to west, of a woman's head-dress that is forward, or the and has a superficial area of 831 Scottish, or, actop of a periwig.

cording to some authorities, 977 square English

miles, or 625,901 acres. It includes the districts So may your hats your foretops never press, Untouched your ribbons, sacred be your dress.

of Glenisla, Glenesk, and Glenprassin. Part of Dryden,

the Grampian mountains runs through this counFOREVOʻUCHED, part. Fore and vouch. ty, which is agreeably diversified with hill and Affirmed before; formerly told.

dale, well watered with lakes, rivers, rivulets,

and fountains, shaded with large forests, interSure her offence Must be of such unnatural degree,

spersed with fields and meadows, and adorned

with fine seats and plantations. The rivers areThat monsters it; or your forevouched affection Fallen into taint. Shakspeare. King Lear.

the North Esk, which, rising in mountain torFOʻREWARD, n. S. Fore and ward. The rents, and afterwards issuing from a small lake

called Lochlee, falls into the sea about three van; the front. They that marched in the foreward were all mighty miles north of Montrose : the South Esk, which

1 Mac. ix, 11.

the Grampians, and falls into an inFOREWARN, v. a. Fore and warn. To

land bay called the basin of Montrose; and any future event;

to caution against any thing by the Melgam, is received by the Tay, in Perthadmonish beforehand ; to inform previously of the Isla, which has its source in the glen of Isla

among the Grampians, and, after being joined beforehand.

shire. Besides these, there are the smaller I will forewarn you whom you shall fear : fear him streams of the Dean, Lunan, Dighty, and Noran. which, after he hath killed, hath power to cast into All the rivers rise towards the north, and, excepthell.

Luke xii, 5.

ing the Isla, fall into the sea. Near Montrose, Well I will arm me, being thus forewarned. Shakspeare. Henry VI.

Aberbrothock, in the parish of Dunnichen, and Divine interpreter, by favour sent

in some other parts, there are chalybeate springs ; Down from the empyrean to forewarn

the second more resorted to than the others. Us timely of what might else have been our loss

The heaths and woods abound with harts, hinds, Unknown.

Milton's Paradise Lost. roebucks, and moor fowls; the streams are Thy pride,

stocked with trout and salmon, and the hills coAnd wandering vanity, when least was safe, vered with flocks of sheep. The mountains on Rejected my forewarning, and disdained the west and north are inhabited by Highlanders. Not to be trusted.

Id.

Forfar contains five royal boroughs, viz. Dundee, Though Phæbus had forewarned him of singing Arbroath, Montrose, Brechin, and Forfar, with wars, yet the search of nature was free.

the small towns of Glammis, and Kirriemuir, Dryden's Virgil, Dedication. Young Choræbus, who by love was led

which are all employed in the linen manufacTo win renown and fair Cassandra's bed,

ture. It contains also fifty-six parishes, in many Had lately brought bis troops to Priam's aid;

of which a considerable quantity of linen cloth Forewarned in vain by the prophetick maid. Id.

is made. The annual export of this manufacFOREWA'STE, v. A.

Fore and waste, To ture has been estimated at 11,000,000 yards. desolate; to destroy. Out of use.

In the low country the soil is various, but geneVespasian, with great spoil and rage,

rally fertile; and the most approved modes of Forewasted all, until Gemissa gent

agriculture encouraged by the landlord, and folPersuaded him to cease. Faerie Queene.

lowed by the tenant, with enclosures and stone High time'gan it wex for Una fair,

fences and ditches. In wheat and barley, the To think of those her captive parents dear, produce is generally more than sufficient for the

And their forewasted kingdom to repair. Id. consumption of the country; but in oats a supFOREWEA'RY, v. a. For and weary. To ply is frequently required. Considerable numdispirit with labor.

bers of black cattle are reared in the county ; By your toil

but the sheep are not numerous. The horses, And labour long, through which ye hither came, which in the Highlands are indigenous and small, Ye both forewearied be: therefore a while are estimated at 9000. The mineral products I read your rest, and to your bowers recoil. of this county consist of inexhaustible beds of

Faeric Queene. limestone, veins of porphyry, large quantities of FOREWI'SH, v.a. Fore and wish. To de- jasper of different colors, from bright yellow to sire beforehand.

deep red, susceptible of the highest polish; and The wiser sort ceased not to do what in them lay, all varieties of pebbles : it is said that the real to procure that the good commonly forewished might topaz is found here; colored crystals, called in time come to effect.

Knolles.

cairngorms, commonly five-sided prisms, and FOREWOʻRN, part. Fore and worn, from terminating in a pyramid of the same descripwear. Worn out; wasted by time or use. tion, are frequently found. Lead and iron ore

Neither the light was enough to read the words, were wrought, in the year 1678, to some extent, and the ink was already foreworn, and in many places the lead yielding a sixty-fourth part of silver. blotted.

Sidney. Shell marl is procured plentifully at the bottom of lakes, and used as manure. not more than forfault; from barb. Lat. foris facere, foris half the surface of this county is cultivated. But factum, i. e. (Du Cange) extra rationem, ouabout a fifth of the families are engaged in agri- of reason; therefore to incense, offend. Somet culture, which has rapidly improved here of thing lost by the commission of a crime: a late years. The fisheries are conducted with fine; a mulct; something paid for expiation for great vigor and success : large quantities of sal- crime; to lose by some breach of condition; to mon are sent to London in wooden boxes and lose by some offence. Forfeit and forfeiture preserved with pounded ice. Grain, fish, and mean the same, with this difference, that the one Îinen are the chief exports. The burden of ves- signifies in the primary acceptation the thing sels engaged in the whole fishery was estimated forfeited, and the other the act of forfeiting. a short time since at 21,859 tons. Some few All the souls that are, were for feit once; antiquities are found in Forfar: amongst which And he that might the 'vantage best have took, the encampment at Cartherun has been said to

Found out the remedy. be most worth notice.

Shakspeare. Measure for Measure. Forfar, a royal burgh of Scotland, is the ca- Beg that thou mayest bave leave to hang thyself; pital of the foregoing county, and was anciently And yet, thy wealth being forfeit to the state, the residence of several of the Scottish mo

Thou hast not left the value of a cord.

1d. narchs. Malcolm Canmore held his first parlia

Thy slanders I forgive, and therewithal ment here in 1057, and the vestiges of the castle

Remit thy other forfeits.

Id. used for this purpose are still to be seen in the

The court is as well a Chancery to save and debar neighbourhood. From the time of this mo- forfeitures, as a court of common law to decide rights ; narch, we have little or no account of Forfar and there would be work enough in Germany and til the middle of the seventeenth century, except Italy, if imperial forfeitures should go for good titles.

Bacon's War with Spain. an act passed in the thirteenth parliament of

Ancient privileges and acts of grace indulged by James VI. 21st of July, 1593, changing the former kings, must not without high reason be reweekly market day from Sunday to Friday. It voked by their successors ; nor forfeitures be exacted is now held on Saturday. During the usurpa- violently, nor penal laws urged rigorously. Taylor. tion of Oliver Cromwell, a detachment of his

He asked, but all the heavenly quire stood mnte, forces, after sacking Dundee, came to Forfar and And silence was in Heaven : on Man's behalf burnt all the public records of the town. The Patron or intercessor none appeared, only charter it now has, is one granted by Charles Much less that durst upon his own head draw II. after his restoration, confirming all its an- The deadly forfeiture and ransom set. cient rights and privileges. Nine persons were

Milton. Paradise Lost. condemned and burnt here for witchcraft betwixt The execution leave to high disposal, 1650 and 1662; and there is still preserved here

And let another hand, not thine, exact a strange and barbarous implement of torture,

Thy penal forfeit from thyself. Id. Agonister. called the witch bridle, by which, and an iron

Thy life, Melantius! I am come to take, chain, those miserable persons were led to the

Of which foul treason does a forfeit make.

Waller. stake. The ground on which the town stands, with that for a considerable way around, is un- right to happiness.

Men displeased God, and consequently forfeited all

Boyle. even, and, though low with respect to the cir

Straight all his hopes exhaled in empty smoke, cumjacent country on every side except the And his long toils were forfeit for a look. west, it is high in comparison to the general level

Dryden. of the country. Forfar has been the seat of the Methought with wonderous ease he swallowed down sheriff-courts for upwards of two centuries. The His forfeit honour, to betray the town.

Id. streets are irregular, but those of modern con- A father cannot alien the power he has over his struction are much superior in this respect. A child: he may perhaps to some degrees forfeit il, but spacious church, capable of admitting a congre

cannot transfer it.

Loche. gation of between 2000 and 3000 persons, was

How the murderer paid his forfeit breath;

What lands so distant from that scene of death, erected in 1790, to which a fine steeple, 150 feet

But trembling heard the fame ? Pope's Odyssey. high, was added in the year 1814. Besides this there are places of worship for the Episcopalians

FORFEITURE originally signifies a transgresand Antiburghers. A modern town-house fronts sion or offence against some penal law. Lobithe market place, and contains a noble room for neau in his glossary will have forisfacta properly public meetings. There are three public schools; to signify a mulct or amend, not a forfeit; which two endowed by the magistracy, and one by last he derives from the base British forfed, a them and the heritors of the parish jointly. The penalty. But it is now more frequently used principal manufactures are of brown linens, for the effect of such transgression; or the which were introduced about the year 1745. The losing some right, privilege, estate, honor, office, scarcity of fuel is an impediment to manufac- or effects, in consequence thereof; than for the tures in general. Forfar unites with Dundee, transgression itself. Forfeiture differs from conPerth, Cupar in Fife, and St. Andrews, in re fiscation, in that the former is more general; turning a representative to parliament. It lies while confiscation is particularly applied to such fourteen miles west of Montrose, twelve north- things as become forfeited to the king's exwest of Arbroath, and fourteen north of Dun- chequer; and goods confiscated are said to be dee.

such as nobody claims. Forfeitures may be FORʼFEIT, n.s., v.a.& part. adj. Fr. forfait; either in civil or criminal cases. FOR'FEITABLE, adj.

Welsh, ffor- FORFEITURE IN Civil Cases. A man who FOK'FEITURE, ni s.

Sfed; Scotch, has an estate for life or years, may forfeit it many

ways, as well as by treason or felony; such as parted with for a good consideration; so, in alienation, claiming a greater estate than he hath, case he happens to be convicted, the law will for affirming the reversion to be in a stranger, &c. recover them for the king. When a tenant in tail makes leases not war- FORFEITURE OF REAL Estates. By attainder ranted by the statute; a copyholder commits in high treason, says Blackstone, a man forfeits waste, refuses to pay his rent, or do suit of .. the king all his lands and tenements of incourt; and where an estate is granted upon con- heritance, whether fee-simple or fee-tail; and dition, on non-performance thereof, &c., they all his rights of entry on lands and tenements, will make a forfeiture. Entry for a forfeiture which he had at the time of the offence committed, ought to be by him who is next in reversion, or or at any time afterwards, to be for ever vested remainder, after the estate forfeited. As if in the crown; and also the profits of all lands tenant for life or years commits a forfeiture, he and tenements

, which he had in his own right who has the immediate reversion or remainder for life or years, so long as such interest shall ought to enter; though he has the fee only an subsist.—This forfeiture relates backwards to the estate tail.

time of the treason committed ; so as to avoid FORFEITURE IN CRIMINAL Cases is two-fold; all intermediate sales and incumbrances, but of real and personal estates.

not those before the fact; and therefore a wife's FORFEITURE OF Personal Estates. The joiñture is not forfeitable for the treason of her forfeiture of goods and chattels accrues in every husband; because settled upon her previous to one of the high kinds of offence; in high the treason committed. But her dower is fortreason, or misprision thereof, petit treason, feited, by the express provision of statutes 5 felonies of all sorts, whether clergyable or not, & 6 of Edward VI. c. 11. And yet the husself murder or felony de se, petty larceny, stand- band shall be tenant by the courtesy of the ing mute, &c. For flight also on an accusation wife's lands, if the wife be attainted of treason; of treason, felony, or even petit larceny, whether for that is not prohibited by the statute. But the party be found guilty or acquitted, if the though, after attainder, the forfeiture relates jury find the flight, the party shall forfeit his back to the time of the treason committed, yet goods and chatiels ; for the very flight is an it does not take effect unless an attainder be offence, carrying with it a strong presumption of had, of which it is one of the fruits; and thereguilt, and is at least an endeavour to elude and fore, if a traitor dies before judgment is prostifle the course of justice prescribed by the pounced, or is killed in open rebellion, or is law. But the jury very seldom find the flight; hanged by martial law, it works no forfeiture of forfeiture being looked upon, since the vast in- his land; for he never was attainted of treason. crease of personal property of late years, as But if the chief justice of the king's bench (the too large a penalty for an offence to which a supreme coroner of all England) in person, man is prompted by the natural love of liberty. upon the view of the body of him killed in There is a remarkable difference or two between open rebellion, records it, and returns the record the forfeiture of lands, and of goods and chattels. into his own court, both lands and goods shall 1. Lands are forfeited upon attainder, and not be forfeited. The natural justice of forfeiture before; goods and chattels are forfeited by or confiscation of property for treason, is foundconviction. Because, in many of the cases ‘ed on this consideration : that he who hath thus where goods are forfeited, there never is any violated the fundamental principles of governattainder; which happens only where judgment ment, and broken his part of the original conof death or outlawry is given; therefore, in tract between king and people, hath abandoned those cases, the forfeiture must be upon convic- his connexions with society, and hath no longer tion or not at all; and, being necessarily upon any right to those advantages which before beconviction in those, it is so ordered in all other longed to him purely as a member of the comcases, for the law loves uniformity. 2. The munity; among which social advantages the forfeiture of lands has relation to the time the right of transferring or transmitting property to fact was committed, so as to avoid all subsequent others is one of the chief. Such forfeitures, sales and incumbrances; but the forfeiture of moreover, whereby his posterity must suffer as goods and chattels has no relation backwards; well as himself, will help to restrain a man, so that those only which a man has at the time not only by the sense of his duty, and dread of of conviction shall be forfeited. Therefore a personal punishment, but also by his passions traitor or felon may bona fide sell any of his and natural affections; and will interest every chattels, real or personal, for the sustenance of dependent and relation he has to keep him from himself and family between the fact and con- offending; according to that beautiful sentiment viction; for personal property is of so fluctuating of Cicero, nec vero me fugit quam sit acerbum, a nature, that it passes through many hands in a parentum scelera âliorum pænis lui : sed hoc short time; and no buyer could be safe, if he præclare legibus comparatum est, ut caritas liwere liable to return the goods which he had berorum amiciores parentes reipublicæ redderet.' fairly bought, provided any of the prior venders And therefore Aulus Cascellius, a Roman had committed a treason or felony. Yet if they lawyer in the time of the triumvirate, used to be collusively and not bona fide parted with, boast that he had two reasons for despising the merely to defraud the crown, the law (and par- power of the tyrants; his old age and his want ticularly the statute 13 Elizabeth c. 5) will reach of children ; for children are pledges to the them; for they are all the while truly and sub- prince of the father's obedience. stantially the goods of the offender; and as he, nations have thought that this posthumous if acquitted, might recover them himself, as not punishment savours of hardship to the innocent;

Yet many

especially for crimes that do not strike at the from forfeiture and corruption of blood; which very root and foundation of society, as treason the house of lords as firmly resisted. At length against the government expressly does. And a compromise was agreed to, which is estatherefore, although confiscations were very fre- blished by this statute, viz. that the same crimes, quent in the times of the earlier emperors, yet and no other, should be treason in Scotland Arcadius and Honorius, in every other instance that are so in England; and that the forfeitures but that of treason, thought it more just, ibi esse and corruption of blood should take place in pænam, ubi et noxa est; and ordered, that Scotland till the death of the then preten

peccata suos teneant auctores, nec ulterius der, and then cease throughout the whole of progrediatur metus quam reperiatur delictum :' Great Britain : the lords artfully proposing this and Justinian also made a law to restrain the temporary clause, in hopes (it is said) that the punishment of relations; which directs the prudence of succeeding parliaments would make forfeiture to go, except in the case of crimen it perpetual. This has partly been done by the majestatis, to the next of kin to the delinquent. statute 17 Geo. II. c. 39 (made in the year On the other hand, the Macedonian laws ex- preceding the late rebellion), the operation of tended even the capital punishment of treason, these indemnifying clauses being thereby still not only to the children, but to all the relations farther suspended till the death of the sons of the of the delinquent; and of course their estates pretender. In petit treason and felony, the must be also forfeited, as no man was left to in- offender also forfeits all his chattel interest abso herit them. And in Germany, by the famous lutely, and the profits of all freehold estates durgolden bull (copied almost verbatim from Justi- ing life; and after his death all his lands and nian's cade), the lives of the sons of such as tenements in fee simple (but not those in tail) to conspire to kill an elector are spared, as it is the crown, for a very short period of time: for expressed by the emperor's particular bounty. the king shall have them for a year and a day, But they are deprived of all their effects and and may commit therein what waste he pleases : rights of succession, and are rendered incapable which is called the king's year, day, and waste. of any honor ecclesiastical and civil: to the end Formerly the king had only a liberty of comthat, being always poor and necessitous, they mitting waste on the lands of felons, by pulling may for ever be accompanied by the infamy of down their houses, extirpating their gardens, their father; may languish in continual indi- ploughing their, meadows, and cutting down gence; and may find,' says this merciless edict, their woods. And a punishment of a similar their punishment in living, and their relief in spirit appears to have obtained in the oriental dying. In England, forfeiture of lands and countries, from the decrees of Nebuchadnezzar tenements to the crown for treason is by no and Cyrus, in the books of Daniel and Ezra; means derived from the feudal policy, but was which, besides the pain of death inflicted on the antecedent to the establishment of that system in delinquents there specified, ordain, that their this island; being tranşmitted from their Saxon houses shall be made a dunghill.' But this ancestors, and forming a part of the ancient tending greatly to the prejudice of the public, Scandinavian constitution. But in certain trea- it was agreed in the reign of Henry I. in Engsons relating to the coin (which seem rather a land, that the king should have the profits of the species of the crimen falsi, than the crimen læsæ land for one year and a day, in lieu of the de majestatis, it is provided by some of the modern struction he was otherwise at liberty to commit: statutes which constitute the offence, that it shall and therefore magna charta provides, that the work no forfeiture of lands, save only for the king shall only hold such lands for a year and a life of the offenders, and by all, that it shall not day, and then restore them to the lord of the see, deprive the wife of her dower. And, in order without any mention made of waste. But the to abolish such hereditary punishment entirely, statute 17 Edw. II. de prerogativâ regis, seems it was enacted by statute 7 Ann. c. 21, that, after to suppose that the king shall have his year, day, the decease of the late pretender, no attainder and waste ; and not the year and day instead of for treason should extend to the disinheriting of waste : which Sir Edward Coke (and the author any heir, nor to the prejudice of any person, of the Mirror before him) very justly look upon other than the traitor himself. By which the as an encroachment, though a very ancient one, law of forfeitures for high treason would by this of the royal prerogative. This year, day, and time have been at an end, had not a subsequent waste, are now usually compounded for; but statute intervened to give them a longer duration. , otherwise they regularly belong to the crown; The history of this matter is somewhat singular, and after their expiration the land would natuand worthy observation. At the time of the rally have descended to the heir (as in gavel-kind union, the crime of treason in Scotland was, by tenure it still does), did not its feudal quality inthe Scots law, in many respects different from tercept such descent, and give it by way of that of treason in England ; and particularly in escheat to the lord. These forfeitures for felony its consequence of forfeitures of entailed estates, do also arise only upon attainder; and therefore which was more peculiarly English; yet it a felo de se forfeits no lands of inheritance or seemed necessary, that a crime so nearly affecting freehold, as he never is attainted as a felon. government should, both in its essence and con- They likewise relate back to the time the offence sequences, be put upon the same footing in was committed, as well as forfeitures for treason, both parts of the united kingdoms. In new so as to avoid all intermediate charges and conmodelling these laws, the Scots nation and the veyances. This may be hard upon such as have English house of lords struggled hard, partly to unwarily engaged with the offender: but the maintain, and partly to acquire, a total immunity cruelty and reproach must lie on the part, not of

« НазадПродовжити »