the words of the act; is a king de facto and not de jure; is a king de jure and not de facto; what is the true construction of the statute 11 Hen. VII. c. 1; and is a king who has resigned his crown, abdicated his government, or subverted the constitution, any longer the object of treason? 76-78.

5. What is compassing or imagining the death of the king; and how must this act of the mind be demonstrated before it can possibly fall under any judicial cognizance? 78, 79.

6. What are held to be overt acts of treason in imagining the king's death? 79.

7. Are words spoken, treason? 80. 8. Are words written, treason? 81.

9. What does the phrase "the king's companion" mean, to violate whom is declared by the statute to be the second species of treason; and when is it treason in both parties? 81.

10. What is held as to the violation of a queen or princess dowager; and why? 81.

11. What offences of taking up arms does the third species of treason include? 81, 82.

12. To what does an insurrection to pull down all enclosures, all brothels, and the like, amount; and to what does a tumult to pull down a particular house or lay open a particular enclosure?

82.

13. What if two subjects quarrel and levy war against each other? 82.

14. When does a bare conspiracy to levy war

amount to treason? 82.

15. How must the fourth species of treason, or that of adherence to the king's enemies, be proved? 82.

16. In what light is giving assistance to foreign pirates or robbers treason? 83.

17. Under what description is adherence or aid to our own fellow-subjects in actual rebellion at home treason? 83.

18. What is held as to relieving a rebel fled out of the kingdom; and why? 83.

19. In what events shall a man's joining with either rebels or enemies, in the kingdom, be excused? 83.

20. To what offence does the taking wax which bears the impression of the great seal off from one patent and affixing it on another amount? 83, 84.

21. What money is meant by the statute to counterfeit which is the sixth species of treason? 84.

22. Which of the king's officers of justice are within the statute which declares the "slaying of them in their places doing their offices" treason? 84.

23. What does the act say as to "other like cases of treason" or constructive treasons? 85.

25. Under what three heads are comprised the high treasons created by subsequent statutes and not comprehended under the description of statute 25 Edw. III.? 87.

25. In what three cases relating to papists is the offence of high treason declared to be committed, by the statutes 5 Eliz. c. 1, 27 Eliz. c. 2, and 3 Jac. I. c. 4; and what is the reason of distinguishing these overt acts of popery from all others which were considered in a preceding chapter as spiritual offences? 87, 88.

26. With regard to treasons relative to the coin or other royal signatures, what two offences are

declared to be high treason by statute 1 Mar. st. 2, c. 6; and what one in consequence of the former, with regard to importing coin, by statute 1 & 2 P. and M. c. 11? 89.

27. Is it high treason to counterfeit foreign money taken here by consent? 89.

28. What instances of falsifying the coin are declared to be high treason by statutes 5 Eliz. c. 11, and 18 Eliz. c. 12? 90.

29. What offences, as to implements of and preparations for coinage, are declared to be high treason by statute 8 & 9 W. III. c. 26, made perpetual by 7 Anne, c. 25; and within what times must all prosecutions on this act be commenced? 90.

30. What species of coining is made high treason by statute 15 & 16 Geo. II. c. 28; but in what case shall the offender be pardoned? 90,

91.

31. What offences are made high treason with a view to the security of the Protestant succession, with regard to the late Pretender or his sons, by statutes 13 & 14 W. III. c. 3, and 17 Geo. II. c. 39, and generally by statutes 1 Anne, st. 2, c. 17, and 6 Anne, c. 7? 91, 92.

32. What offences are made high treason by the statute 33 Geo. III. c. 27, called the traitorous correspondence act; and what else does the statute enact? 92.

33. Of what six parts does the punishment for high treason consist; but what parts may be discharged by the king ? 92, 93.

34. How is the punishment milder for male offenders in case of coining? 93.

35. But is the punishment of females the same in treasons of every kind? 93.

CHAP. VII.-Of Felonies injurious to the King's Prerogative.

1. WHAT is felony, in the general acceptation of our English law? 94, 95.

2. What is the etymology of the word, according to Sir Henry Spelman; how is this etymology confirmed by the feodal writers; and wherefore are suicide, homicide, petit larceny, robbery, rape, and treason, felonies by the ancient law? 95-97.

3. As there are felonies without capital punishment, may capital punishments be inflicted where the offence is no felony? 97.

4. But to what usage do the interpretations of the law now conform, and, in compliance therewith, in what light does the present commentator intend to consider felony? 98.

5. Of what five kinds are such felonies as are more immediately injurious to the king's prerogative? 98.

6. Of the various offences relating to the coin, as well misdemeanours as felonies, declared by a series of statutes, what are the several penalties for melting down sterling money, by statute 9 Edw. III. st. 2; for melting down current silver money, by statute 13 & 14 Car. II. c. 31; for importing false money; for forging any foreign coin, although it be not made current here by proclamation; for having to do with clippings or filings of the coin, for blanching copper for sale, or dealing in any malleable composition resembling gold, or buying, at a less rate than it imports to be of, any counterfeit or diminished milled

moncy of this kingdom, not being cut in pieces, (an operation which is in what case directed, and in what cases allowed and required, by certain statutes, to be performed;) for tendering any counterfeit coin, knowing it to be so; for doing so, having more in custody, or repeating the offence within ten days after; and for counterfeiting copper halfpence or farthings, or dealing in it (not being cut in pieces or melted) at a less value than it imports to be of? 98-100.

7. What is enacted by statutes 3 Hen. VII. c. 14, and 9 Anne, c. 16, as to felonies against the king's council? 100, 101.

8. In what cases is it made felony to serve foreign states, by statutes 3 Jac. I. c. 4, 9 Geo. II. c. 30, and 29 Geo. II. c. 17? 101.

9. What is enacted by the statute 31 Eliz. c. 4 as to felony in embezzling the king's armour or warlike stores; what effect upon this statute has that of 22 Car. II. c. 5; how are other inferior embezzlements and misdemeanours punished by several statutes; and what is enacted by statute 12 Geo. III. c. 24? 101, 102.

10. What is enacted by statutes 18 Hen. VI. c. 19, and 5 Eliz. c. 5, as to desertion from the king's armies in time of war, whether by land or sea; what effect upon this statute has that of 2 & 3 Edw. VI. c. 2; and how are other inferior military offences punishable by the same statutes? 102.

CHAP. VIII.-Of Præmunire.

1. WHY is the offence of præmunire so called; and whence did it take its original? 103.

2. What does the statute of præmunire, 16 Ric. II. c. 5, enact; and who are also subjected to the penalties of præmunire by statute 2 Hen. IV. c. 3? 112.

3. What offences are made liable to the pains of præmunire by the statutes of Hen. VIII. and Eliz.? 115.

4. To what penalty is the importing or selling mass-books or other popish books liable, by statute 3 Jac. I. c. 5, 25? 115.

5. To what twelve other offences, some of which bear no relation to the original offence, have the penalties of præmunire been applied by various statutes? 116, 117.

6. How is the punishment of præmunire shortly summed up by Sir Edward Coke; except in the case of transgressing what statute may the king, by his prerogative, remit the whole or any part of the punishment; and what does the statute 5 Eliz. c. 1 provide as to the consequences of an attaint by præmunire? 117, 118.

7. What is the punishment for misprision of treasure-trove? 121.

8. Of what five kinds are positive misprisions, or contempts, and high misdemeanours, the last four consisting, in general, of such contempts of the executive magistrate as demonstrate themselves by some arrogant and undutiful behaviour towards the king and government? 121-124.

9. What offences are included under the misprision of the mal-administration of such high officers as are in public trust and employment; and how is it usually punished? 121, 122.

10. What are contempts against the king's prerogative? 122.

11. Whose duty is it, and when, to join the posse comitatus, or power of the county, according to the statute 2 Hen. V. c. 8? 122.

12. How are contempts against the king's prerogative punished? 122.

13. What are contempts and misprisions against the king's person and government; and how may they be punished? 123.

14. What are contempts against the king's title not amounting to treason or præmunire; and how are they punished? 123.

15. What offence is it, and how punishable by statute 13 Eliz. c. 1, to maintain that the common laws of this realm not altered by parliament ought not to direct the right of the crown of England? 123.

16. What are the penalties inflicted by statute 1 Geo. I. st. 2, c. 13, for refusing or neglecting to take the oaths appointed by statute for better securing the government, and yet acting or serving in a public office, place of trust, or other capacity, for which the said oaths are required to be taken; and what if members, on the foundation of any college in the two universities, who by this statute are bound to take the oaths, do not register a certificate thereof in the college register within one month after? 123, 124.

17. What are contempts against the king's palaces or courts of justice; and how are they, a rescue from them, and an affray or riot near them, but out of their actual view, punishable? 124,

125.

18. How are threatening or reproachful words to any judge sitting in the courts punishable; and how is an affray or contemptuous behaviour in the inferior courts of the king? 126.

19. How are such as are guilty of any injurious treatment to those who are immediately under the protection of a court of justice punishable? 126.

20. How are endeavours to dissuade a witness

ing the King and Government.

1. WHAT are misprisions (mespris) and contempts; and of what two sorts? 119. 2. Of what three kinds are negative misprisions? 120, 121.

3. What is misprision of treason; but what circumstances make this offender guilty of high treason? 120.

4. What positive misprision of treason is created by statute 13 Eliz. c. 2? 120.

5. What is the punishment for misorision of treason? 120.

before a privy council, advice to a prisoner to stand mute, or disclosures by one of the grand jury to any person indicted of the evidence against him, construed and punished? 126.

CHAP. X.-Of Offences against Public Justice.

1. INTO what five species may those crimes and misdemeanours that more especially affect the commonwealth be divided? 127, 128.

2. What are the twenty-two offences against | public justice, beginning with those that are most

12. What is the offence of going unusually armed; and how is it prohibited by the statute of Northampton, 2 Edw. III. c. 3? 149.

13. When is the offence of spreading false news punishable, and how? 149.

14. How is the offence of pretended prophecy punished by statute 5 Eliz. c. 15? 149.

15. In whom are challenges to fight punishable, and how; and what, by statute 9 Anne, c. 14, if the challenge, or any assault or affray, arise on account of any money won at gaming? 150.

16. What are libels which tend to the breach of the peace; what is a publication of them, in the eye of the law; what if they be true, and what if they be false; what is the difference between a libel in a civil action and a libel in a criminal prosecution; and what is the punishment of criminal libels ? 150, 151.

17. Though it hath been long held that the truth of a libel is no justification in a criminal prosecution, yet what general rule has the court of king's bench laid down as to granting an information for a libel? 151.

CHAP. XII.-Of Offences against Public Trade.

1. Or what two degrees are offences against public trade? 154.

2. What are the thirteen kinds of these of fences? 154, 156–160.

3. What is owling; and what are its penalties, by several statutes? 154.

4. What is smuggling; and how is it punished by statute 19 Geo. II. c. 34? 154, 155.

5. What are the several species of fraudulent bankruptcy taken notice of by the statute law; and how are they punished? 156.

6. What, by statute 21 Jac. I. c. 19, if the bankrupt cannot make it appear that he is disabled from paying his debts by some casual loss; and what, by statute 32 Geo. II. c. 28, and 33 Geo. III. c. 5, if a prisoner charged in execution for debt (to what amount?) neglect or refuse on demand to deliver up his effects? 156.

7. What is the penalty for usury; what if any scrivener or broker take more than five shillings per cent. procuration-money, or more than twelvepence for making a bond; and what is enacted on this subject by statute 17 Geo. III. c. 26? 156, 157.

8. What offences may be referred to the head of cheating; what is the general punishment for all frauds of this kind if indicted at common law; and what frauds are punished by the statutes 33 Hen. VIII. c. 1 and 30 Geo. II. c. 24? 157, 158.

9. How are the three offences of forestalling, regrating, and engrossing described by statute 5 & 6 Edw. VI. c. 14; and what is the general penalty for these offences by common law? 158,

159.

10. What are monopolies; and how are they punished? 159.

11. How are combinations among victuallers or artificers to raise the prices of commodities punished by statute 2 & 3 Edw. VI. c. 15? 159, 160.

12. How is the offence of exercising a trade without having served an apprenticeship punished by statute 5 Eliz. c. 4? 160.

13. What is enacted by several statutes of Geo. II. and Geo. III. to prevent the seduction of our artists abroad, and the destruction of our home manufactures? 160.

CHAP. XIII.-Of Offences against the Public Health and the Public Police or Economy.

1. WHAT are the two offences against the public health of the nation? 161, 162.

2. What is enacted by statute 1 Jac. I. c. 31 as to any person infected with the plague, or dwelling in any infected house; and what is the present law as to quarantine? 161, 162.

3. What is enacted by statutes 51 Hen. III. st. 6 and 12 Car. II. c. 25, 11 to prevent the selling of unwholesome provisions and wine? 162. 4. What is meant by the public peace and economy? 162.

5. What are the nine offences against the public peace and economy? 162–166, 169–171, 174.

6. What is enacted by the statute 26 Geo. II. c. 33 for the prevention of the offence of clandestine marriages? 162, 163.

7. What is bigamy, or more properly polygamy; what is its effect upon the second marriage; and how is it punished by statute 1 Jac. I. c. 11, with an exception to what five cases? 163, 164. 8. How are wandering soldiers and mariners, or persons pretending so to be, punished by statute 39 Eliz. c. 17? 164, 165.

9. How are persons calling themselves Egyptians, or gypsies, now punished, by statute 23 Geo. III. c. 51? 167.

10. What are common nuisances; and of what seven sorts? 167, 168.

11. Who may be indicted, and what shall be equivalent to such indictment, for annoyances in highways, bridges, and public rivers, whether by positive obstructions or want of reparation; and what is a purpresture? 167.

12. What if innkeepers refuse to entertain a traveller without a very sufficient cause? 167. 13. How may eaves-droppers be punished? 168. 14. How may a common scold (communis rizatrix)? 168.

15. Into what three clases are idle persons divided, and how is each class punished by statute 17 Geo. II. c. 5; and to what are persons harbouring vagrants liable? 169, 170.

16. What one sumptuary law against luxury is still unrepealed? 170.

17. What is enacted by statute 16 Car. II. c. 7 if any person by playing or betting shall lose more than 1007. at one time; what does the statute 9 Anne, c. 14 enact as to all securities given for money won at play, if any person at one sitting lose 10l. at play, and if any person by cheating at play win the same sum; what does the statute 13 Geo. II. c. 19 enact to prevent the multiplicity of horse-races; and what, by statute 18 Geo. II. c. 34, if any person win or lose at play, or by betting, 10. at one time, or 207. within twenty-four hours? 172, 173.

18. Who are guilty of the offence of destroying the game upon the old principles of the forestlaw, and who by the game-laws; and what are the four qualifications for killing game, as they are usually called, or, more properly, the ex emptions from the penalties infiicted by the statute law? 174, 175.

19. What are the punishments for unqualified persons transgressing the game-laws in what ways; and how may those punishments be inflicted?

175.

21. What is felonious homicide, and of what two kinds? 188.

CHAP. XIV.-Of Homicide.

1. Or what three principal kinds are those crimes and misdemeanours which in a more peculiar manner affect and injure individuals or private subjects? 177.

2. Of crimes injurious to the persons of private subjects, what is the most principal and important? 177.

23. How is self-murder punished? 190. 24. What if a husband and wife be possessed jointly of a term of years in land, and the husband drown himself; and why? 190.

25. How do the two degrees of guilt in killing another divide the offence; and what is the difference between either division of it? 190.

26. How is manslaughter therefore defined; and of what two branches is it? 191.

27. When is it voluntary manslaughter; and what circumstance makes it amount to murder?

180.

10. When is it lawful to kill any person who attempts a burglary; and what is the uniform principle that runs through all laws as to repelling crimes by homicide? 180, 181.

11. What is Mr. Locke's doctrine on this subject, and how is it received by the commentator? 181, 182.

12. Wherein does excusable differ from justifiable homicide; and of what two sorts is the former? 182.

13. In what cases does homicide per infortunium, or misadventure, happen? 182.

14. In what cases, however, is the slayer guilty of manslaughter and not misadventure only; but when are deaths in tilts or tournaments, boxing, or sword-playing only misadventure? 183.

15. What is homicide in self-defence, or se defendendo; what is chance-medley, or chaud-medley; and what must appear to excuse homicide by the plea of self-defence? 183, 184.

16. What seems to be the true criterion to distinguish homicide upon chance-medley, in self-defence, from manslaughter in the legal sense of the word? 184, 185.

17. What civil and natural relations are comprehended under the excuse of se defendendo, and why? 186.

18. Is there not one species of homicide se defendendo where the party slain is equally innocent with him who occasions his death; and upon what principle is this homicide excusable? 186.

19. In what circumstances do the two species of homicide by misadventure and self-defence agree; and what does the law's high value for the life of a man always intend? 186, 187.

20. What is the penalty for homicide? 188.

28. In what, therefore, does voluntary manslaughter differ from excusable homicide, se defendendo? 192.

29. In what does involuntary manslaughter differ from homicide excusable by misadventure? 192.

30. But what circumstances will make involuntary manslaughter amount to murder? 192, 193. 31. What is the punishment of manslaughter? 193.

32. But is there not one species of manslaughter which is punished as murder by statute 1 Jac. I. c. 8; and how is this statute construed? 193, 194.

33. How is murder defined, or rather described, by Sir Edward Coke? 195.

34. What if a person be indicted for one species of killing, or for killing with one weapon, and it proves to have been another? 196.

35. May a man be guilty of murder although no stroke be struck by himself, or no killing primarily intended? 196.

36. Within what time after the stroke received must the party die in order to make the killing murder? 197.

37. When is it murder to kill a child in its mother's womb; and what is enacted by the statute 21 Jac. I. c. 27 as to a mother's concealing the death of her bastard child; but what is now required upon trials for this offence? 198.

38. What constitutes malice prepense, malitia præcogitata; and when is malice express, and when implied, in law? 198-201.

39. Who are guilty of murder in deliberate duelling? 199.

40. If two or more come together to do an unlawful act against the king's peace, and one of them kill a man, in whom is it murder? 200.

41. What if one intend to do another felony, and undesignedly kill a third man? 201.

42. Unless in what cases may it be taken for a general rule that all homicide is malicious? 201.

43. What is the punishment of murder; and what is enacted on that subject by statute 25 Geo. II. c. 37? 201, 202.

44. What is petit treason (parva proditio); and by what three ways may it happen, according to statute 25 Edw. III. c. 2? 203.

45. Of what crime is a servant guilty who kills his master whom he has left upon a grudge conceived against him during service; and whom is it petit treason in a clergyman to kill? 203.

46. May a person indicted of petit treason be