to the custom of the time, the continuator did not hesitate to interpolate Fordun’s portion of the work with additions of his own, and the whole history thus compiled is known as the Scotichronicon.
The first printed edition of Fordun’s work was that of Thomas Gale in his Scriptores quindecim (vol. iii.), which was published in 1691. This was followed by Thomas Hearne’s (5 vols.) edition in 1722. The whole work, including Bower’s continuation, was published by Walter Goodall at Edinburgh in 1759. In 1871 and 1872 Fordun’s chronicle, in the original Latin and in an English translation, was edited by William F. Skene in The Historians of Scotland. The preface to this edition collects all the biographical details and gives full bibliographical references to MSS. and editions.
FORECLOSURE, in the law of mortgage, the extinguishment by order of the court of a mortgagor’s equity of redemption. In the law of equity the object of every mortgage transaction is eventually the repayment of a debt, the mortgaged property being incidental by way of security. Therefore, although the day named for repayment of the loan has passed and the mortgagor’s estate is consequently forfeited, equity steps in to mitigate the harshness of the common law, and will decree a reconveyance of the mortgaged property on payment of the principal, interest and costs. This right of the mortgagor to relief is termed his “equity of redemption.” But the right must be exercised within a reasonable time, otherwise he will be foreclosed his equity of redemption and the mortgagee’s possession converted into an absolute ownership. Such foreclosure is enforced in equity by a foreclosure action. An action is brought by the mortgagee against the mortgagor in the chancery division of the High Court in England, claiming that an account may be taken of the principal and interest due to the mortgagee, and that the mortgagor may be directed to pay the same, with costs, by a day to be appointed by the court and that in default thereof he may be foreclosed his equity of redemption. English county courts have jurisdiction in foreclosure actions where the mortgage or charge does not exceed £500, or where the mortgage is for more than £500, but less than that sum has been actually advanced. In a Welsh mortgage there is no right to foreclosure. (See also Mortgage.)
FOREIGN OFFICE, that department of the executive of the
United Kingdom which is concerned with foreign affairs. The
head of the Foreign Office is termed principal secretary of state
for foreign affairs and his office dates from 1782. Between
that date and the Revolution there had been only two secretaries
of state, whose duties were divided by a geographical division
of the globe into northern and southern departments. The
duties of the secretary of the northern department of Europe
comprised dealings with the northern powers of Europe, while
the secretary of the southern department of Europe communicated
with France, Spain, Portugal, Switzerland, Italy, Turkey,
and also looked after Irish and colonial business, and carried
out the work of the Home Office. In 1782 the duties of these
two secretaries were revised, the northern department becoming
the Foreign Office. The secretary for foreign affairs is the official
agent of the crown in all communications between Great Britain
and foreign powers; his intercourse is carried on either through
the representatives of foreign states in Great Britain or through
representatives of Great Britain abroad. He negotiates all
treaties or alliances with foreign states, protects British subjects
residing abroad, and demands satisfaction for any injuries they
may sustain at the hands of foreigners. He is assisted by two
under-secretaries of state (one of them a politician, the other
a permanent civil servant), three assistant under-secretaries
(civil servants), a librarian, a head of the treaty department
and a staff of clerks. The departments of the Foreign Office
are the African, American, commercial and sanitary, consular,
eastern (Europe), far eastern, western (Europe), parliamentary,
financial, librarian and keeper of the papers, treaties and registry.
In the case of important despatches and correspondence, these,
with the drafts of answers, are sent first to the permanent
under-secretary, then to the prime minister, then to the sovereign
and, lastly, are circulated among the members of the cabinet.
The salary of the secretary for foreign affairs is £5000 per annum,
that of the permanent under-secretary £2000, the parliamentary
under-secretary and the first assistant under-secretary, £1500,
and the other assistant under-secretaries £1200.
See Anson, Law and Custom of the Constitution, part ii.
FORELAND, NORTH and SOUTH, two chalk headlands on
the Kent coast of England, overlooking the Strait of Dover,
the North Foreland forming the eastern projection of the Isle
of Thanet, and the South standing 3 m. N.E. of Dover. Both
present bold cliffs to the sea, and command beautiful views over
the strait. On the North Foreland (51° 2212′ N., 1° 27′ E.) there
is a lighthouse, and on the South Foreland (51° 812′ N., 1° 23′ E.)
there are two. There is also a Foreland on the north coast of
Devonshire, 212 m. N.E. of Lynmouth, a fine projection of the
highlands of Exmoor Forest, overlooking the Bristol Channel,
and forming the most northerly point of the county.
FORESHORE, that part of the seashore which lies between
high- and low-water mark at ordinary tides. In the United
Kingdom it is ordinarily and prima facie vested in the crown,
except where it may be vested in a subject by ancient grant or
charter from the crown, or by prescription. Although numerous
decisions, dating from 1795, have confirmed the prima facie
title of the crown, S. A. Moore in his History of the Foreshore
contends that the presumption is in favour of the subject rather
than of the crown. But a subject can establish a title by proving
an express grant from the crown or giving sufficient evidence
of user from which a grant may be presumed. The chief acts
showing title to foreshore are, taking wreck or royal fish, right
of fishing, mining, digging and taking sand, seaweed, &c., embanking
and enclosing. There is a public right of user in that
part of the foreshore which belongs to the crown, for the purpose
of navigation or fishery, but there is no right of passage over lands
adjacent to the shore, except by a particular custom. So that,
in order to make the right available, there must be a highway
or other public land giving access to the foreshore. Thus it
has been held that the public have no legal right to trespass on
land above high-water mark for the purpose of bathing in the
sea, though if they can get to it they may bathe there (Blundell
v. Catteral, 1821, 5 B. & Ad. 268). There is no right in the public
to take sand, shells or seaweed from the shore, nor, except in
certain places by local custom, have fishermen the right to use
the foreshore or the soil above it for drawing up their boats, or
for drying their nets or similar purposes.
See S. A. Moore, History of the Foreshore and the Law relating thereto (1888); Coulson and Forbes, Law of Waters (1902).
FORESTALLING, in English criminal law, the offence of buying
merchandise, victual, &c., coming to market, or making any
bargain for buying the same, before they shall be in the market
ready to be sold, or making any motion for enhancing the price,
or dissuading any person from coming to market or forbearing
to bring any of the things to market, &c. See Engrossing.
FOREST LAWS, the general term for the old English restriction laws, dealing with forests. One of the most cherished prerogatives of the king of England, at the time when his power was at the highest, was that of converting any portion of the country into a forest in which he might enjoy the pleasures of the chase. The earliest struggles between the king and the people testify to the extent to which this prerogative became a public grievance, and the charter by which its exercise was bounded (Carta de Foresta) was in substance part of the greatest constitutional code imposed by his barons upon King John. At common law it appears to have been the right of the king to make a forest where he pleased, provided that certain legal formalities were observed. The king having a continual care for the preservation of the realm, and for the peace and quiet of his subjects, he had therefore amongst many privileges this prerogative, viz. to have his place of recreation wheresoever he would appoint.[1] Land once afforested became subject to a peculiar system of laws, which, as well as the formalities required to constitute a valid afforestment, have been carefully ascertained by the Anglo-Norman lawyers. “A forest,”
- ↑ Coke, 4 Inst., 300.
