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Forfeiture of Felony.
nor Posterity. See Co. 11. 1. b. & Litleton 745.
&c. Co. L. 391,
392. |
Chap. 164. |
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3. He shall forfeit his Fee-simple Lands (from
the time of the Offence,
&c.) wherein the King shall have Annum, diem & vastum, to
the intent
that the Offenders Wife and Children shall be cast out thereof, his Houses
razed, his Trees rooted up, his Meadows ploughed up, and all his Land
wasted and destroyed. And after the year, day and waste, the Land
shall
go by escheat to the chief Lord of the Fee: (But yet the Lord may
fine
with the King for all, sc. for the year, day and the waste,
and so have the
Land presently.) Quære, if the lord may enter; it seemeth
he cannot.
See 17 E. 2. c. 16. 7 Stamf. de Prær. 49.
Fitz. Tra. 48 & Reseis. 36. |
Ibid.
Stat. Prer. |
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4. The Offender shall forfeit and lose all
his Goods and Chattels, from
the time of his Attainder only. |
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The King shall have all the Goods of Felons which
be condemned, and
which be fugitive, wheresoever the said Goods be found, scil.
All their
Goods moveable and unmoveable, their Corn growing, and the profits of
their Fee simple Lands, for a year and a day, and the issues and profits
of
their other Lands, during their lives; and all their Debts due to them
by Statute, Recognizance, Obligation or simple Contract, and Mony due
upon Accounts. And the King, or he to whom the King shall give such
Debt, shall have an Action therefore in his own name; and yet the King
shall not pay such Debts as the said Felons did owe. |
Reg. c. 16.
Co. 3. 32.
F. Cor. 317
334.
10 H. 6. 47.
Dyer 30. |
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Uncore le offender ne forfeitera ses Terres pur
Manslaughter; nec in cases
de Homicide per Misadventure (in fesans chose loyal,) nec pur Homicide
sur
Necessity, ou se defendendo. Vide Ba. 2, 3. & Co. L. 391. |
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§. 2.
Seisure. |
By the Common Law, after a Felon is found guilty
before the Coroner,
or that it be found before the Coroner, that he did flie for the Felony,
there
the Coroner, Sheriff, Under-Sheriff, or Escheator, &c. may (for the
King)
seize the Goods of the Felon, and praise them by an Inquest, &c. before
his
Attainder; for by such thing found before the Coroner, the Goods of the
Felon are forfeited without further inquiry, or Tryal of the Felon; and
yet the Officer may not in such case carry the Felons Goods away, but (after
appraisement as aforesaid) must leave them in the custody of the Felons.
Neighbours where he dwelt, or in the custody of the Town where the
Goods were, to be answered to the King: And if he were indicted of
Felony,
yet his Goods should not be removed out of his house until he were
attainted, but the Officer was to seize and praise them, and to take Surety
of the party, that they should not be imbezilled; and if the party would
not find Surety, then the Officer was to deliver them to the Neighbours,
and the said Goods should be kept by his Neighbours all the time of his
imprisonment: And the Felon must have had reasonable maintenance
of
his Goods for himself and his Family, until he were convicted and found
guilty of the Felony; and then the remainder was the kings. See 25
Ed. 3.
c 14. P. Ind. 5. & Bract. fol. 123. &
136. b. |
22 Ass. 96.
Br. For.
33.
43 E. 3. 24.
Br. Forf. 7.
7 H. 4. fol.
ult.
Stamf. 192. |
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And now by the Statute made 1 R. 3. c.
3. it is ordained, That if any
Sheriff, &c. or other person, do take or seize the Goods of any person
arrested
and imprisoned for Felony, or suspition thereof, before the same
person be convicted or attained of such Felony, or that the same Goods
be otherwise lawfully forfeited; he shall pay to the party grieved the
double value of the Goods so taken or seized, &c. which Statute seemeth
to be but a confirmation of the Common Law, saith Mr. Stamf. fol. 193.
save that it giveth the party grieved a more ample recompence, and
more speedy remedy than the Common Law before did: So that before
Attainder or Conviction, the Goods of the Felon that is in Prison ought |
P. Sheriff.
24.
P. Indict.
5.
Stamf. 193. |
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