Home1860 Edition

FORFEITURE ORIGINALLY

Volume 9 · 211 words · 1860 Edition

ignifies a transgression or offence against some penal law. It is an inseparable incident to felony punishable with death, and obtains to a greater or less extent of the lands of the offender, and totally in regard to his goods and chattels. The word is formed from the base Latin forisfactura, whence forfaitura and forfaictura, and the French forfait. Forisfactura comes from forisfacere, which, according to Isidore, signifies to hurt or offend, facere contra rationem; and is not improbably derived from foris, out, and facere, to do, an action out of rule, or contrary to the rules. Borel thinks forfait is derived from the using of force or violence; and Lohineau, in his glossary, supposes 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, as the losing some right, privilege, estate, honour, office, or effects, in consequence thereof, than for the transgression itself. Forfeiture differs from confiscation in this, that the former is more general; whilst 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.

See ATTAINDEE, TREASON.