of Angus, in 1761, the earldom merged in the dukedom of Hamilton.
Precisely when the shire became known by the name of the county town has
not been ascertained, but probably the usage dates from the 16th
century. Among old castles are the roofless square tower of Red Castle
at the mouth of the Lunan; the tower of the castle of Auchinleck; the
stronghold of Inverquharity near Kirriemuir; the castle of Finhaven; the
two towers of old Edzell Castle; the ruins of Melgund Castle, which are
fairly complete; the small castle of Newtyle, and the old square tower
and gateway of the castle of Craig.
See A. Jervise, _Memorials of Angus and Mearns_ (Edinburgh, 1895);
_Land of the Lindsays_ (Edinburgh, 1882); _Epitaphs and Inscriptions_
(Edinburgh, 1879); Earl of Crawford, _Lives of the_ _Lindsays_
(London, 1835); Sir W. Fraser, _History of the Carnegies_ (Edinburgh,
1867); A.H. Millar, _Historical Castles and Mansions_ (Paisley, 1890);
G. Hay, _History of Arbroath_ (Arbroath, 1876); D.D. Black, _History
of Brechin_ (Edinburgh, 1867).
FORFEITURE (from "forfeit," originally an offence, and hence a fine
exacted as a penalty for such; derived through the O. Fr. _forfait_,
from the late Lat. _foris factum_, a trespass, that which is done
_foris_, outside), in English law, the term applied (1) to loss or
liability to the loss of property in consequence of an offence or breach
of contract; (2) to the property of which the party is deprived.
Under the common law, conviction and attainder on indictment for treason
or felony was followed not only by forfeiture of the life of the
offender, but also by forfeiture of his lands and goods. In the case of
treason all the traitor's lands of whomsoever holden were forfeited to
the king; in the case of felony (including _felo-de-se_, or suicide),
the felon's lands escheated (_exceciderunt_) to his immediate lord,
subject to the king's right to waste them for a year and a day. This
rule did not apply to lands held in gavelkind in the county of Kent. The
goods of traitors and felons were forfeited to the king. The desire of
the king and his officers to realize the profits of these forfeitures
was one of the chief motives for instituting the circuits of the king's
justices throughout England; and from time to time conflicts arose from
attempts by these justices to extend the law of treason--under which the
king levied all the forfeitures--at the expense of felony, in which the
lord of the felon benefited by the escheats. As regards theft, the
king's rights overrode those of the owner of the stolen property, until,
in the reign of Henry VIII., provision was made for restitution of the
goods to the owner if he prosecuted the thief to conviction. In Pepys's
_Diary_, 21st of January 1667-1668, will be found an illustration of the
working of the old law. We find that on the suicide of his
brother-in-law, Pepys at once applied to the king personally and
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account