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Updated: June 13, 2025
Of the fines and forfeitures paid into the publicum, we find that a part went to the royal treasury and a part to the judex, and in some cases to the informer or the prosecuting officer; and at different times we find these proportionate amounts definitely defined as, for instance, in the time of Charlemagne two parts went to the king and one part to the count who acted as judex; this we know from two of the Lombard laws of that emperor.
As for mortgaging or pawning, it will little mend the matter: for either men will not take pawns without use; or if they do, they will look precisely for the forfeiture. I remember a cruel moneyed man in the country, that would say, The devil take this usury, it keeps us from forfeitures, of mortgages and bonds.
Shortly afterwards they gave bonds under the penalty of 1,000l. to undertake and enter upon the office on the ensuing Michaelmas eve; and "thereupon, became each entitled to 100l. out of the forfeitures of those, who had this year been nominated to be sheriff's by my Lord Mayor, but had paid their fines to be excused."
Statute was passed after statute forbidding the "Englishry" of Ireland to use the Irish language, or intermarry with Irish families, or copy Irish habits. Penalties were multiplied on penalties; fines, forfeitures, and at last death itself, were threatened for such offences. But all in vain. The stealthy evil crept on irresistibly.
Somehow one could never rightly fancy that he was diseased; that those fatal ever-recurring downbreaks were not almost rather the penalties paid for exuberance of health, and of faculty for living and working; criminal forfeitures, incurred by excess of self-exertion and such irrepressible over-rapidity of movement: and the vague hope was habitual with us, that increase of years, as it deadened this over-energy, would first make the man secure of life, and a sober prosperous worker among his fellows.
It was directly known that the President coincided with the Connecticut Senator in the opinion that all the acts and ordinances of secession were mere nullities, and should be so treated; that while such acts might subject individuals to penalties and forfeitures, they did not in any degree affect the States as commonwealths, and their relations to the Federal Government; that such acts were rebellious, insurrectionary, and hostile on the part of the persons engaged in them, but that the States, notwithstanding the acts and conspiracies of individuals, were still members of the Federal Union, and that the loyal citizens of these States had forfeited none of their rights, but were entitled to all the protection and privileges guaranteed by the Constitution.
But the successive destruction of so many other families convinced them that the king intended to rely entirely on the support and affections of foreigners; and they foresaw new forfeitures, attainders, and acts of violence as the necessary result of this destructive plan of administration.
In order to express their hatred of the trustees, they resolved, that all the protestant freeholders of that kingdom had been falsely and maliciously misrepresented, traduced, and abused, in a book entitled, "The Report of the Commissioners appointed to inquire into the Irish Forfeitures;" and it appearing that Francis Annesley, member of the house, John Trenchard, Henry Langford, and James Hamilton, were authors of that book, they further resolved, that these persons had scandalously and maliciously misrepresented and traduced the protestant freeholders of that kingdom, and endeavoured to create a misunderstanding and jealousy between the people of England and the protestants of Ireland.
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."
I do not know exactly what the state of the law is, at present, upon this subject, but I apprehend that persons who have been found guilty of felony ought to have some document conveying their pardon, or in default of its production they become, I believe, liable to certain fines and forfeitures.
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