The Queen against Stafford
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1795 |
| Date | 01 January 1795 |
| Court | High Court |
English Reports Citation: 88 E.R. 687
COURTS OF KING'S BENCH, CHANCERY, COMMON PLEAS AND EXCHEQUER
[188] case 97. the queen against stafford. Outlawry for high treason may be reversed for a wrong addition, which is an error in fact, and may be confessed. On reversing an outlawry for high treason, there is no necessity to warn the lords, or to issue a scire facias to the tern-tenants. -S. C. Gilb. 46. Stafford had been outlawed for high-treason, and had obtained, from the Crown, a writ of error to reverse this outlawry. The Attorney-General had orders to confess in Court the error assigned, which was an error in fact, viz. that he was outlawed by a wrong addition ; which the Attorney-General did accordingly. The Court was therefore prayed, that the outlawry might be reversed. But Parker, Chief Justice, was of opinion, that though in outlawry for treason there is no need of warning the lords, of whom the lands are held by a scire faciax before the outlawry be reversed, as must be done in case of felony, because in treason the forfeiture is to the Crown, yet he saw no reason to distinguish between outlawry for felony and outlawry for treason, as to the terre-tenants; for in case of treason, where the forfeiture is to the Crown, the Crown may grant these lands to others, who ought to be heard what they can say for themselves before they lose their lands. He thought, therefore, there should have been a scire facias...
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