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Updated: May 13, 2025
Thirdly, the hope of evading such taxes by smuggling, gives frequent occasion to forfeitures and other penalties, which entirely ruin the smuggler; a person who, though no doubt highly blameable for violating the laws of his country, is frequently incapable of violating those of natural justice, and would have been, in every respect, an excellent citizen, had not the laws of his country made that a crime which nature never meant to be so.
As has been so well and strongly expressed by Diderot, infidelity in woman is like incredulity in a priest; it is the last step in human forfeitures; it is for her the great social crime, for it implies all the others. "Weigh the sufferings of the future, the agonies of years by the ecstasy of half an hour.
Where a conqueror finds the riches of a land in the hands of the few, the forfeitures are easy, and amount to vast advantage; but where the people have equal shares, the confiscation of many comes to little, and is not only dangerous but fruitless.
Usually such legislation took the form of an intervention by the Legislature in private controversies pending in, or already decided by, the ordinary courts, with the result that judgments were set aside, executions canceled, new hearings granted, new rules of evidence introduced, void wills validated, valid contracts voided, forfeitures pronounced all by legislative mandate.
But the harder questions were those involving claims which were more doubtful, between claimants whose rivalry rested upon more assailable grounds. Were all genuine Royalists to have a right to claim what was once their property? If forfeitures were to be redressed, were those who were forced to sell at nominal prices, or under the pressure of innumerable fines, to have no redress?
The question of the Irish forfeitures had been raised; and about that question the minds of men, both within and without the walls of Parliament, were in a strangely excitable state.
Speaking of his own motives in writing it, he says, "I am not at all concerned in wool or the wool trade. I am no ways interested in forfeitures or grants. I am not at all concerned whether the bishop or the society of Derry recover the lands they contest about."
One man was ruined because he had dropped a foolish speech, that his horses should feed upon gold; another because he was grown so proud, that, one day at the Treasury, he had refused a civil answer to persons much above him. All were condemned, absent and unheard, in arbitrary fines and forfeitures, which swept away the greatest part of their substance.
In Turkey, it obliges the sultan to permit the extortion of the pashas and governors of provinces, from whom he afterwards squeezes presents or takes forfeitures: in England, it engaged the queen to erect monopolies, and grant patents for exclusive trade; an invention so pernicious, that had she gone on during a tract of years at her own rate, England, the seat of riches, and arts, and commerce, would have contained at present as little industry as Morocco or the coast of Barbary.
So when M. de Villele exhumed, for our special benefit, an imperial decree concerning forfeitures, and had ruined us, I authorized the sale of my property, only retaining an island in the middle of the Loire where my mother was buried.
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