Opinions of Philip Yorke and Charles Talbot, 1727 Aug. 12.
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reason of any Judgement or Conviction for Misdemeanour or Felony, & all Interests in any Lands lying within the said Territory Forfeited to the Crown by any Attainder of Felony, do pass by the word Forfeitures; but this Word is so general - & extensive, and the Cases wch. may arise upon it so various, that it is impossible to give an Opinion thereupon, wch: may answer every event, without having the particular Facts Stated. The only Question contained in Major Drysdale's Letter, is. How far the Governor of Virginia may exercise the Authority given him by His Majesty, in pardoning Offences & remitting Forfeitures arising in the Northern Neck. As to which, We are of Opinion, that nothing contained in the said Letters Patent restrains him from exercising the Authority of pardoning such Offences; & if the Pardon be Granted before any Forfeiture incurred by Judgement in cases of Misdemeanour, or by Flight, Conviction or Judgement in Cases of Felony; the pardon will prevent any Forfeiture, but if the Pardon be Granted after the Forfeiture actually incurred by