a town of Scotland, and capital of the county of that name, situated in N. Lat. 56° 25' W. Long. 2° 32'. This town, with Dundee, Cupar, Perth, and St Andrew's, jointly send one member to the British parliament. It stands in the great valley valley of Strathmore that runs from Perth north-east to the sea, almost in a straight line, about 50 miles long and between four and five miles broad, bounded on the south side by gentle hills, and on the north by the Grampian mountains.

Forfar is a very ancient town, and was once a royal residence. Here Malcolm Canmore held his first parliament in 1057. The ruins of his palace are still to be seen on the top of an artificial mound of a circular form, resting upon a base of about three acres of ground, and rising 50 feet high above the plain. The lake of Forfar, stretching two miles in length from east to west, and half a mile in breadth, and covering the palace on the north, afforded not only a plentiful supply of water for every purpose, but also added to the strength of the place. This lake which abounds with trout, pike, perch, and eel, has been greatly reduced by draining; and fine marl has been found in strata from two to six and eight feet deep, with moss below ten feet deep.

Within this lake were formerly two islands raised by art, with buildings on each; to which Margaret, Malcolm Canmore's queen, retired after the decease of her husband. Part of the ruins of these edifices are still to be seen.

Little is known of Forfar till the middle of the 17th century, except an act passed in the 13th parliament of James VI. 21st July, 1593, in the following words, which affords a specimen of the manners and language of the times, "Our sovereign Lorde, understanding that be acte and ordinance maid anent observation of the Sabbath-day within this realme, the mercatte-daie of the burgh of Forfarre, being the head burgh of the shire, quhilk was Sundaie, is taken from them; and his beneffice not willing that they in onye waies fuld be prejudged hereby, therefore his beneffice, with advife of the estateis of this present parliament, alteris and changis their said mercatte-daie from Sundaie to Fridaie, and willis the famen Fridaie oukly to be their mercatte-daie to them in all times hereafter; and the famin to stande with the like priveleges and freedomes as the Sundaie did of before." The market day has been long held on Saturday.

During the usurpation of Oliver Cromwell, a detachment of his forces, after facing Dundee, came to Forfar and burnt all the public records of the place; and the only charter the town now has is one granted by Charles II. after his restoration, confirming all its ancient rights and privileges.

As an evidence of the ignorance and barbarity of the times, it appears from the records of the trials kept in the charter-chest of Forfar, that nine persons were condemned and burnt here for witchcraft betwixt the years 1650 and 1662. These innocent people were all tried by a special commission from the lords of the privy council at Edinburgh; and although the commission expressly discharged torturing them on purpose to extort a confession of their guilt, yet, as it was then thought meritorious to obtain confession of guilt by whatever means, many inhuman cruelties were exercised upon the unfortunate objects; particularly, an iron boot was drawn upon one of their legs, and a wedge driven with great force between it and the leg. Another instrument, still carefully preserved here, was likewise used, and is called the witch bridle. It is made of iron in the shape of a dog's collar, with two pikes on the inside, about four inches distant and two and a half long. These pikes were put into the mouth, and the collar afterwards buckled tight on the back of the head, to which was affixed an iron chain, whereby the condemned persons were led to the place of execution called the Play-field, about a quarter of a mile to the northward of the town.

The streets of Forfar are rather irregular; but many of the houses are neat and well built. Ochaburgs and coarse linens are manufactured here; and many of the inhabitants are employed in making a coarse kind of shoes.

Forfarshire, a county of Scotland, of which Forfar is the capital. Including Angus, Glenfri, Glenesk, and Glenprofin, it extends between 40 and 50 miles from east to west, and 16 were broadest, though in some places the breadth does not exceed five miles. On the north it is divided from the Brne of Mar by a ridge of the Binchinman mountains; it is bounded on the south by the frith of Tay and the British ocean, on the east by Mearns, and on the west by Perthshire. Part of the Grampian mountains runs through this county, which is agreeably diversified with hill and dale. It produces some lead and iron, together with freestone, flate, and limestone. Coarse linens and fail-cloth are the chief manufactures of the county. It is well watered with lakes, rivers, rivulets, and fountains, shaded with large forests, roughened with brown mountains and waved with green hills interperforated with fields and meadows, and adorned with fine seats and plantations. Their heaths and woods abound with hart, hind, roebuck, and moor game; their streams are stocked with trout and salmon. Their hills are covered with flocks of sheep, and their fields afford plentiful harvests of wheat and all sorts of grain. The mountains to the west and north are inhabited by Highlanders; but the Lowlanders possess the towns and campaign country, and are remarkable for their politeness and hospitality.

The population of this county in 1801 amounted to 97,778. But in the following table is exhibited a view of its population, at two different periods.

| Parish | Population in 1755 | Population in 1790-1798 | |-----------------|--------------------|------------------------| | Aberbrothrick | 2098 | 4076 | | Aberlemno | 943 | 1033 | | Airly | 1013 | 865 | | Arblot | 865 | 1055 | | Auchterhouse | 600 | 600 | | Barry | 689 | 796 | | Brechin | 3181 | 5000 | | Carmylie | 745 | 700 | | Carralditton | 269 | 260 | | Cortachy | 1233 | 1020 | | Craig | 935 | 1314 | | Dun | 657 | 500 | | Dundee | 12,477 | 23,500 | | Dunichen | 633 | 872 | | Edzell | 862 | 963 | | Effie and Nevay | 500 | 630 | | Fearn | 500 | 490 | | Fernell | 799 | 620 | | Forfar | 2450 | 4756 | | Glammis | 1780 | 2040 |

Glenfri ### FORFEITURE

Originally signifies a transgression or offence against some penal law. The word is formed of the base Latin *forisfactura*; whence *forisfactura* and *forisfactura*, and the French *forfait*. *Forisfactura* comes of *forisfacere*; which, according to Liddell, signifies to "hurt or offend," *facere contra rationem*; and which is not improbably derived of *foris* "out," and *facere*, "to do," q.d. an action out of rule or contrary to the rules. Borel will have *forfait* derived from the using of force or violence: Lobineau, in his glossary, will have *forisfacta* properly to signify a mulct or amend, not a *forfait*; which latter he derives from the Bas-Breton *forfed*, "a penalty."

But, with us, it is now more frequently used for the effect of such transgression; or the losing some right, privilege, estate, honour, office, or effects, in consequence thereof; than for the transgression itself.

Forfeiture differs from confiscation, in that the former is more general; while confiscation is particularly applied to such things as become forfeited to the king's exchequer; and goods confiscated are said to be such as nobody claims.

Forfeitures may be either in civil or criminal cases.

1. With respect to the first, a man that hath an estate for life or years, may forfeit it many ways, as well Forfeitute, as by treason or felony; such as alienation, claiming a greater estate than he hath, or affirming the reverlion to be in a stranger, &c. When a tenant in tail makes leaves not warranted by the statute; a copyholder commits waste, refuses to pay his rent, or do suit of court; and where an estate is granted upon condition, on non-performance thereof, &c. they will make a forfeiture.

Entry for a forfeiture ought to be by him who is next in reverlion, or remainder, after the estate forfeited. As if a tenant for life or years commits a forfeiture, he who has the immediate reverlion or remainder ought to enter, though he has the fee, or only an estate-tail.

II. Forfeiture in criminal cases is twofold; of real, and personal estates.

1. As to real estates by Attainder in high treason, a man forfeits to the king all his lands and tenements of inheritance, whether free-simple or fee-tail; and all his rights of entry on lands and tenements, which he had at the time of the offence committed, or at any time afterwards, to be for ever veiled in the crown; and also the profits of all lands and tenements, which he had in his own right for life or years, so long as such interest shall subsist. This forfeiture relates backwards to the time of the treason committed; so as Comment.

To avoid all intermediate sales and encumbrances, but not those before the fact; and therefore a wife's jointure is not forfeitable for the treason of her husband; because settled upon her previous to the treason committed. But her dower is forfeited, by the express provision of statute 5 and 6 Edw. VI. c. ii. And yet the husband shall be tenant by courtesy of the wife's lands, if the wife be attainted of treason; for that is not prohibited by the statute. But, though after attainder the forfeiture relates back to the time of the treason committed, yet it does not take effect unless an attainder be had, of which it is one of the fruits; and therefore, if a traitor dies before judgment 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 of treason. But if the chief justice of the king's bench (the supreme coroner of all England) in person, upon the view of the body of him killed in open rebellion, records it and returns the record into his own court, both lands and goods shall be forfeited.

The natural justice of forfeiture or confiscation of property, for treason, is founded on this consideration: That he who hath thus violated the fundamental principles of government, and broken his part of the original contract between king and people, hath abandoned his connexions with society, and hath no longer any right to those advantages which before belonged to him purely as a member of the community; among which social advantages, the right of transferring or transmitting property to others is one of the chief. Such forfeitures, moreover, whereby his posterity must suffer as well as himself, will help to retrain a man, not only by the sense of his duty, and dread of personal punishment, but also by his passions and natural affections; and will interrelate every dependent and relation he has to keep him from offending: according to that beautiful sentiment of Cicero, "nec vero me fugit quam sit acerbum, parentum sceletra filiorum panis lui; sed hoc praecipue." Furniture praesidare legibus comparatum est, ut caritas liberorum amiciores parentes reipublica redaret." And therefore Aulus Caecilius, a Roman lawyer in the time of the triumvirate, used to boast that he had two reasons for despising the power of the tyrants; his old age and his want of children; for children are pledges to the prince of the father's obedience. Yet many nations have thought, that this posthumous punishment favours of hardship to the innocent; especially for crimes that do not strike at the very root and foundation of society, as treason against the government expressly does.

And therefore, although confiscations were very frequent in the times of the earlier emperors, yet Arcadius and Honorius, in every other instance but that of treason, thought it more just, ibi esse poenam, ubi et noxa est; and ordered, that "peccata suos teneant auctores, nec ulterius progradiantur metus, quam repertatur delictum;" and Justinian also made a law to restrain the punishment of relations; which directs the forfeiture to go, except in the case of crimen majestatis, to the next of kin to the delinquent. On the other hand, the Macedonian laws extended even the capital punishment of treason, not only to the children, but to all the relations of the delinquent; and of course their estates must be also forfeited, as no man was left to inherit them. And in Germany, by the famous golden bull (copied almost verbatim from Justinian's code), the lives of the sons of such as conspire to kill an elector are spared, as it is expressed, by the emperor's particular bounty. But they are deprived of all their effects and rights of succession, and are rendered incapable of any honour ecclesiastical and civil: to the end that, being always poor and necessitous, they may for ever be accompanied by the infamy of their father; may languish in continual indigence; and may find (says this merciles edict) their punishment in living, and their relief in dying."

In England, forfeiture of lands and tenements to the crown for treason is by no means derived from the feudal policy, but was antecedent to the establishment of that system in this island; being transmitted from our Saxon ancestors, and forming a part of the ancient Scandinavian constitution. But in certain treasons relating to the coin (which seem rather a species of the crimen falsi than the crimen lese majestatis), it is provided by some of the modern statutes which constitute the offence, that it shall work no forfeiture of lands, save only for the life of the offenders; and by all, that it shall not deprive the wife of her dower. And, in order to abolish such hereditary punishment entirely, it was enacted by statute 7 Ann. c. 21, that, after the decease of the late pretender, no attainder for treason should extend to the disfranchising of any heir, nor to the prejudice of any person, other than the traitor himself. By which the law of forfeitures for high treason would by this time have been at an end, had not a subsequent statute intervened to give them a longer duration. The history of this matter is somewhat singular, and worthy observation. At the time of the union, the crime of treason in Scotland was, by the Scots law, in many respects different from that of treason in England; and particularly in its consequence of forfeitures of entailed estates, which was more peculiarly English: yet it seemed necessary, that a crime so nearly affecting government should, both in its offence and consequences, be put upon the same footing in both parts of the united kingdoms. In new-model Forfeiture, declaring these laws, the Scots nation and the English house of commons struggled hard, partly to maintain, and partly to acquire, a total immunity from forfeiture and corruption of blood: which the house of lords as firmly resisted. At length a compromise was agreed to, which is established by this statute, viz. that the same crimes, and no other, should be treason in Scotland that are so in England; and that the English forfeitures and corruption of blood should take place in Scotland till the death of the then pretender, and then cease throughout the whole of Great Britain; the lords artfully propounding this temporary clause, in hopes (it is said) that the prudence of succeeding parliaments would make it perpetual. This has partly been done by the statute 17 Geo. II. c. 39, made in the year preceding the late rebellion), the operation of these indemnifying clauses being thereby still farther suspended till the death of the sons of the pretender.

In petty treason and felony, the offender also forfeits all his chattel interests absolutely, and the profits of all freehold estates during life; and after his death all his lands and tenements in fee simple (but not those in tail) to the crown, for a very short period of time: for the king shall have them for a year and a day, and may commit therein what waste he pleases; which is called the king's year, day, and waste. Formerly the king had only a liberty of committing waste on the lands of felons, by pulling down their houses, extirpating their gardens, ploughing their meadows, and cutting down their woods. And a punishment of a similar spirit appears to have obtained in the oriental countries, from the decrees of Nebuchadnezzar and Cyrus in the books of Daniel and Ezra; which, besides the pain of death inflicted on the delinquents there specified, ordain, "that their houses shall be made a dunghill." But this tending greatly to the prejudice of the public, it was agreed in the reign of Henry I. of England, that the king should have the profits of the land for one year and a day in lieu of the destruction he was otherwise at liberty to commit: and therefore magna charta provides, that the king shall only hold such lands for a year and a day, and then restore them to the lord of the fee, without any mention made of waste. But the statute 17 Edward II. de prerogativa regis, seems to suppose, that the king shall have his year, day, and waste; and not the year and day instead of waste: which Sir Edward Coke (and the author of the Mirror before him) very justly look upon as an encroachment, though a very ancient one, of the royal prerogative. This year, day, and waste, are now usually compounded for; but otherwise they regularly belong to the crown: and after their expiration the land would naturally have descended to the heir (as in gavelkind tenure it still does) did not its feudal quality intercept such descent, and give it by way of escheat to the lord. These forfeitures for felony do also arise only upon attainder; and therefore a felo de se forfeits no lands of inheritance or freehold, for he never is attainted as a felon. They likewise relate back to the time the offence was committed as well as forfeitures for treason, so as to avoid all intermediate charges and conveyances. This may be hard upon such as have unwarily engaged with the offender; but the cruelty and reproach must lie on the part, not of the law, but The forfeiture of goods and chattels accrues in every one of the high kinds of offence; in high treason, or misprision thereof, petit treason, felonies of all sorts whether clergyman or not, self murder or felony de fea, petty larceny, standing mute, &c. For flight also, on an accusation of treason, felony, or even petit larceny, whether the party be found guilty or acquitted, if the jury find the flight, the party shall forfeit his goods and chattels: for the very flight is an offence, carrying with it a strong presumption of guilt, and is at least an endeavour to elude and to stifle the course of justice prescribed by the law. But the jury very seldom find the flight: forfeiture being looked upon, since the vast increase of personal property of late years, as too large a penalty for an offence to which a man is prompted by the natural love of liberty.

There is a remarkable difference between the forfeiture of lands and of goods and chattels. (1.) Lands are forfeited upon attainer, and not before; goods and chattels are forfeited by conviction. Because in many of the cases where goods are forfeited, there never is any attainer; which happens only where judgment of death or outlawry is given: therefore, in those cases, the forfeiture must be upon conviction, or not at all; and, being necessarily upon conviction in those, it is so ordered in all other cases, for the law loves uniformity. (2.) The forfeiture of lands has relation to the time the fact was committed, so as to avoid all subsequent sales and encumbrances: but the forfeiture of goods and chattels has no relation backwards; so that those only which a man has at the time of conviction shall be forfeited. Therefore a traitor or felon may bona fide sell any of his chattels, real or personal, for the maintenance of himself and family between the fact and conviction; for personal property is of so fluctuating a nature, that it passes through many hands in a short time; and no buyer could be safe, if he were liable to return the goods which he had fairly bought, provided any of the prior vendors had committed a treason or felony. Yet if they be collusively and not bona fide parted with, merely to defraud the crown, the law (and particularly the statute 13 Eliz. c. 5.) will reach them; for they are all the while truly and substantially the goods of the offender: and as he, if acquitted, might recover them himself, as not parted with for a good consideration; so, in case he happens to be convicted, the law will recover them for the king.