216 Revenue, — Forfeitures. [Ch.XI. Sec.I. reckoned. Escheat, therefore, operates in subordination to this more antient and superior law of forfeiture {a). Forfeitures for offences may be considered 1st, with respect to the realty ; 2dly, with regard to the personalty of the of- fender. With respect to the real property he may possess, a person attainted of high treason forfeits for ever {b to the Crown, though the lands are holden of another original proprietor or lord {c): 1st His lands and tenements of inheritance, whether fee simple or fee tail {d and the King shall be entitled and ad- judged in possession of them without any inquisition or office found [e), 2dly. All hereditaments whether they lie in tenure or not, as fairs, markets, warrens, rents, advowsons, commons or cor- rodies certain (/"), oi^whether they are of the tenure of gavel- kind^) : but copyhold escheats revert to the lord of the ma- nor, not to the King [h and such inheritances as be purely in privity appropriate to the person, as a foundership or corrody uncertain, are neither forfeitable at common law, or by any statute {/). 3dly. Rights of entry into lands, whether the possessor be in merely by usurpation or abatement, or by title ; but in such case there must be an inquisition and seizure on an office not to entitle the King to the right of entry, but to bring him into actual possession of the land {k). But if the traitor only pos- sessed when he committed the treason a right of action touch- (a) 2 Bla. Com. 2ol, "2. and 4 Ibid. Ab. Forfeiture, A. C. 1 Chitty, Crim. 383. Law, 727. (J>) 7 Ann. ch. 21. 17 Geo. 2. e. 39. (0 I^i'l- 37 Geo. 3. c. 39. (/) 3 Inst 19, 21. 1 Hal. P. C. (c) 1 Hal. P. C. 360. See post. tit. 253. Bac. Ab. Forfeiture, A. As to Escheats. As to forfeitures in counties forfeiture of offices, see ante, ch. 7. s. 1. palatine, seel Bla. Com. 118. (g) Somner, .53. Wright's Ten. 118. (rf) 26 Hen. 8. c. 13. s. 5. 33 Hen. 1 Hal. P. C. 360. 2 Bla. Com. 252. 8. c. 20. See the cause of making this {h) 1 Cruise, 361. 2 Bac. Forfd- Act of 33 Hen. 8. 3 Co. 10. b. 5 and ture, A. 1 Hal. P. C. 360. 1 Chitty, 6 Edw. 6. c. 11. s. 9. These statutes Crim. Law, 728, 9. are not repealed by the statute 1 Mary, (0 1 Hal. P. C. 253. sess. 1. c. 1. See Staundf. P. C. 307. 3 (*) Ibid. 241. Inst. 19. 1 Hal. P. Q. 240, 1. Bac. ing
