Some Considerations On the Law of Forfeiture for High Treason Occasioned By a C

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Some Considerations On the Law of Forfeiture for High Treason Occasioned By a C
Charles Yorke
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However, after the complete Union of the Houfes in Henry VIII. By Conflrudion of the Statute 26 H. VIII. C. 13. Eftates Tail w^erc made liable in Cafes of Treafon, where the Party was attainted by Confcillon, Verdict, or Outlawry * ; and, by the Sratutc 33 H. VIII. Upon any manner of Attainder.
There is no Occafion to flatc all the Cafes, eithc" extending Forlcitures, or limit- ing them under the comprehcnfive Words of the Statutes of H. VIII. It fuffices, that the Principle, on which they (lan
...d, is uniform, and agreeable to fuflicc ; 'viz^. That the Of- icndcr's P. Ii;'us and Interefis Ihall be for- fcited, to thx Prejudice of himfelf and his Heirs, to wliom the Common Law intends no Favour, and whom the Statute exprefly excludes from any ilcnciit of the Saving Chuil'e j but that the grcatcft Tendcrncfs fliould i^i£7 (^Z' Forfeiture. Si ihould be ufed in prcfcrving the Rights of Creditors and Strangers in Blood. Indeed, in rcfpect of Lands, Forfeiture has a Relation to the Time of committing the Offence, fo as to avoid all fubfequent Charges and Ali- enations; which may be the Caufe of Hard- fhip toPerfons, who have been unwarily en- gaged with the Offender; but, in Laws of public Juftice, it is impollible to provide for every Cafe of private Compaflion : and the Cruelty and Reproach muft lie on the Part, not of the Law, but of the Criminal ; who, confcious that his Offence might foon be laid open, had the Inhumanity to involve others in the Confcquences of that Iniquity, which proves fatal to himfelf.

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