Page:Prerogatives of the Crown.djvu/241

Ch. XL Sec. I.] Revenue, — Forfeitures. 22*1. corruption of blood and the forfeiture of lands after death, in ewery case except treason^ petit treason, and murder, which still remain as at common law. So that at the present day on attainder of ordinary felony, except for murder, the criminal forfeits only his goods and chattels, and choses in action, and the profits of land during life, while his real estate comes in the ordinary channel of descent to his heir, who is thus also restored to a full capacity to inherit (a). The forfeitures with which the crime of high treason, petit treason and felony are punishable, are not in legal contempla- tion incurred until the attaint takes place: that is, till judg- ment of death be passed upon him, and therefore if the offen- der die before judgment be pronounced, or is killed in open rebellion, or is hanged by martial law, it works no forfeiture of his lands, for he never was attainted {b), A judgment of out- lawry for treason or other capital crime, is however equivalent to an attainder (c), and if the Chief Justice of England in person, upon view of the body of one killed in open rebellion, record it, and return the record into his own Court, both lands and goods shall be forfeited {d). Where on outlawry the offender's lands are seized, the King has no estate in the lands, but only a pernancy of the profits. He cannot manure or sow the ground, and his Majesty's in- terest continues no longer than the offender had an estate in the lands, and determines with the death of the latter, or by the reversing or superseding of the outlawry [e). Although the forfeitures of lands above-mentioned do not take place until the attaint of the offender is effected {f), yet when that has been done, the forfeiture relates back to the time when the treason or felony was committed (g), so as to avoid all sales, incumbrances, or other acts relative to the property, which may have transpired since that period iji). But no attainder whatsoever has any relation as to the mesne profits of the lands of the person attainted, but from the time of the attainder {i), (o) 1 Chitty, Crim. L. 735. (/) See ante, 216. (A) Co. Lit.' 13, 391, a. 3 Inst 455. (^) 3 Inst 211. 4 lila. Com. 386, 7. 4 B»a. Com. 381. Bar. Ab. Forfeiture, D. (c) Ibid. See Bac. Ab. Outlawry, (A) Ibid. ». 1, 2, 3. (i) 8 Co. 170. Plowd. 488. 1 Chitty, (rf) 4 Co. Rep. 57. Crim. L. 735. {(') Bac. Ab. Outlawry, D. 2. If