by reviling its ordinances. Penalties: fine; deprivation; imprisonment; forfeiture. Or, by non-conformity to its worship: 1st, through total irreligion. Penalty fine. 2dly, through Protestant dissenting. Penalty: suspended (conditionally) by the toleration act. 3dly, through popery, either in professors of the popish religion, popish recusants convict, or popish priests. Penalties: incapacity; double taxes; imprisonment; fines; forfeitures; abjuration of the realm; judgment of felony, without clergy; and judgment of high treason. IV. Blasphemy. Penalty: fine, imprisonment, and corporal punishment. V. Profane swearing and cursing. Penalty: fine, or house of correction. VI. Witchcraft; or, at least, the pretence thereto. Penalty imprisonment, and pillory. VII. Religious impostures. Penalty fine, imprisonment, and corporal punishment. VIII. Simony. Penalties: forfeiture of double value; incapacity. IX. Sabbath-breaking. Penalty: fine. X. Drunkenness. Penalty: fine, or stocks. XI. Lewdness. Penalties: fine; imprisonment; house of correction....... Page 43-65 CHAPTER V. OF OFFENCES AGAINST THE LAW OF NATIONS 66 to 73 1. The law of nations is a system of rules, deducible by natural reason, and established by universal consent, to regulate the intercourse between independent states......... 2. In England, the law of nations is adopted, in its full extent, as part of the law of the land...... 3. Offences against this law are principally incident to whole states or nations; but, when committed by private subjects, are then the objects of the municipal law..... 4. Crimes against the law of nations, animadverted on by the laws of England, are, I. Violation of safe-conducts. II. Infringement of the rights of ambassadors. Penalty, in both: arbitrary. III. Piracy. Penalty judgment of felony, without clergy CHAPTER VI. 66 67 67 ..68-73 74 to 92 OF HIGH TREASON.... 1. Crimes and misdemeanours more peculiarly offending the king and his government are, I. High treason. II. Felonies injurious to the prerogative. III. Præmunire. IV. Other misprisions and contempts.......... 2. High treason may, according to the statute of Edward III., be committed, I. By compassing or imagining the death of the king, or queen consort, or their eldest son and heir; demonstrated by some overt act. II. By violating the king's companion, his eldest daughter, or the wife of his eldest son. III. By some overt act of levying war against the king in his realm. IV. By adherence to the king's enemies. V. By counterfeiting the king's great or 74 privy seal. VI. By counterfeiting the king's money, or importing counterfeit money. VII. By killing the chancellor, treasurer, or king's justices, in the execution of their offices.................. Page 76-87 3. High treasons, created by subsequent statutes, are such as relate, I. To papists: as, the repeated defence of the pope's jurisdiction; the coming from beyond sea of a natural-born popish priest; the renouncing of allegiance and reconciliation to the pope, or other foreign power. II. To the coinage or other signatures of the king: as, counterfeiting (or, importing and uttering counterfeit) foreign coin, here current; forging the sign-manual, privy signet, or privy seal; falsifying, &c. the current coin. III. To the Protestant succession; as, corresponding with, or remitting money to, the late pretender's sons; endeavouring to impede the succession; writing or printing in defence of any pretender's title, or in derogation of the act of settlement, or of the power of parliament to limit the descent of the crown............. ..87-92 4. The punishment of high treason, in males, is (generally) to be, I. Drawn. II. Hanged. III. Embowelled alive. IV. Beheaded. V. Quartered. VI. The head and quarters to be at the king's disposal. But, in treasons relating to the coin, only to be drawn, and hanged till dead. males, in both cases, are to be drawn and burned alive....... CHAPTER VII. Fe 92 OF FELONIES INJURIOUS TO THE KING'S PREROGATIVE.. .......... 94 to 102 1. Felony is that offence which occasions the total forfeiture of lands or goods at common law now usually also punishable with death, by hanging; unless through the benefit of clergy.. 94 2. Felonies injurious to the king's prerogative (of which some are within, others without, clergy) are, I. Such as relate to the coin: as, the wilful uttering of counterfeit money, &c.: (to which head some inferior misdemeanours affecting the coinage may be also referred.) II. Conspiring or attempting to kill a privy counsellor. III. Serving foreign states, or enlisting soldiers for foreign service. IV. Embezzling the king's armour or stores. V. Desertion from the king's armies, by land or sea........................ .98-102 popish priests in England. III. Molesting the possessors of abbey-lands. IV. Acting as broker in a usurious contract, for more than ten per cent. V. Obtaining any stay of proceedings in suits for monopolies. VI. Obtaining an exclusive patent for gunpowder or arms. VII. Exertion of purveyance or pre-emption. VIII. Asserting a legislative authority in both or either house of parliament. IX. Sending any subject a prisoner beyond sea. X. Refusing the oaths of allegiance and supremacy. XI. Preaching, teaching, or advised speaking in defence of the right of any pretender to the crown, or in derogation of the power of parliament to limit the succession. XII. Treating of other matters, by the assembly of peers of Scotland, convened for electing their representatives in parliament. XIII. Unwarrantable undertakings by unlawful subscriptions to public funds.... Page 115-117 3. Negative misprisions are, I. Misprision of treason. Penalty: forfeiture and imprisonment. II. Misprision of felony. Penalty: fine and imprisonment. III. Concealment of treasure trove. Penalty: fine and imprisonment.... .120-121 4. Positive misprisions, or high misdemeanours and contempts, are, I. Maladministration of public trusts, which includes the crime of peculation. Usual penalties: banishment; fines; imprisonment; disability. II. Contempts against the king's prerogative. Penalty: fine and imprisonment. III. Contempts against his person and government. Penalty: fine, imprisonment, and infamous corporal punishment. IV. Contempts against his title. Penalties: fine and imprisonment; or, fine and disability V. Contempts against his palaces, or courts of justice. Penalties: fine; imprisonment; corporal punishment; loss of right hand; forfeiture.. CHAPTER X. .121-126 V. without clergy. II. Compelling prisoners to become approvers. Penalty: judgment of felony. III. Obstructing the execution of process. IV. Escapes. Breach of prison. VI. Rescue.-Which four may (according to the circumstances) be either felonies, or misdemeanours punishable by fine and imprisonment. VII. Returning from transportation. This is felony, without clergy. VIII. Taking rewards to help one to his stolen goods. Penalty: the same as for the theft. IX, Receiving stolen goods. Penalties: transportation; fine; and imprisonment. X. Theft bote. XI. Common barretry, and suing in a feigned name. XII. Maintenance. XIII. Champerty. Penalty, in these four: fine and imprisonment. XIV. Compounding prosecutions on penal statutes. Penalty: fine, pillory, and disability. XV. Conspiracy; and threats of accusation in order to extort money, &c. Penalties: the villenous judgment; fine; imprisonment; pillory; whipping; transportation. XVI. Perjury, and subornation thereof. Penalties: infamy; imprisonment; fine, or pillory; and sometimes transportation, or house of correction. XVII. Bribery. Penalty: fine, and imprisonment. XVIII. Embracery. Penalty infamy, fine, and imprisonment. XIX. False verdict. Penalty: the judgment in attaint. XX. Negligence of public officers, &c. Penalty: fine and forfeiture of the office. XXI. Oppression by the magistrates. XXII. Extortion of officers. Penalty, in both: imprisonment, fine, and sometimes forfeiture of the .....128-141 CHAPTER XI. OF OFFENCES AGAINST THE PUBLIC PEACE.... 142 to 153 1. Offences against the public peace are, I. Riotous assemblies to the number of twelve. II. Appearing armed, or hunting, in disguise. III. Threatening, or demanding any valuable thing, by letter. All these are felonies, without clergy. PenalIV. Destroying of turnpikes, &c. ties: whipping; imprisonment; judgment of felony, with and without clergy. V. Affrays. VI. Riots, routs, and unlawful assemblies. VII. Tumultuous petitioning. VIII. Forcible entry and detainer. Penalty, in all four: fine, and imprisonment. IX. Going unusually armed. Penalty forfeiture of arms, and imprisonment. X. Spreading false news. Penalty: fine, and imprisonment. XI. Pretended prophecies. Penalties: fine; imprisonment; and forfeiture. XII. Challenges to fight. Penalty: fine, imprisonment, and sometimes forfeiture. XIII. Libels. Penalty: fine, imprisonment, and corporal punishment..... CHAPTER XII. 142-153 OF OFFENCES AGAINST PUBLIC TRADE...154 to 160 1. Offences against the public trade are, I. Owling. Penalties: fines; forfeitures; imprisonment; loss of left hand; transportation; judgment of felony. II. Smuggling. Penalties: fines; loss of goods; judgment of felony, without clergy. III. Fraudulent bankruptcy. Penalty: judgment of felony, without clergy. IV. Usury. Penalty: fine and imprisonment. V. Cheating. Penalties: fine; imprisonment; pillory; tumbrel; whipping, or other corporal punishment; transportation. VI. Forestalling. VII. Regrating. VIII. Engrossing. Penal ties, for all three: loss of goods; fine; imprisonment; pillory. IX. Monopolies, and combinations to raise the price of commodities. Penalties: fines; imprisonment; pillory; loss of ear; infamy; and, sometimes, the pains of præmunire. X. Exercising a trade, not having served as apprentice. Penalty: fine. XI. Transporting, or residing abroad, of artificers. Penalties: fine; imprisonment; forfeiture; incapacity; becoming aliens...... Page 154-160 2. Offences against the public police and economy, or domestic order of the kingdom, are, I. Those relating to clandestine and irregular marriages. Penalties: judgment of felony, with and without clergy. II. Bigamy or (more properly) polygamy. Penalty judgment of felony. III. Wandering, by soldiers or mariners. IV. Remaining in England by Egyptians, or being in their fellowship one month. Both these are felonies, without clergy. V. Common nuisances: 1st, by annoyances or purprestures in highways, bridges, and rivers; 2dly, by offensive trades and manufactures; 3dly, by disorderly houses; 4thly, by lotteries; 5thly, by cottages; 6thly, by fireworks; 7thly, by eavesdropping. Penalty, in all: fine. 8thly, by common scolding. Penalty: the cucking-stool. VI. Idleness, disorder, vagrancy, and incorrigible roguery. Penalties: imprisonment; whipping; judgment of felony. VII. Luxury in diet. Penalty discretionary. VIII. Gaming. Penalties: to gentlemen, fines; to others, fine and imprisonment; to cheating gamesters, fine, infamy, and the corporal pains of perjury. IX. Destroying the game. Penalties: fines; and corporal punishment..... ...162-175 2. Crimes against the persons of individuals are, I. By homicide, or destroying life. II. By other corporal injuries....... 3. Homicide is, I. Justifiable. II. Excusable. III. Felonious..... 4. Homicide is justifiable, I. By necessity, and command of law. II. By permission of law: 1st, for the furtherance of public justice; 2dly, for prevention of some forcible felony.. 5. Homicide is excusable, I. Per infortunium, or by misadventure. II. Se defendendo, or self-defence, by chance-medley. Penalty, in both forfeiture of goods; which however is pardoned of course....... 6. Felonious homicide is the killing of a human creature without justification or excuse. This is, I. Killing one's self. II. Killing another......... 7. Killing one's self, or self-murder, is where one deliberately, or by any unlawful malicious act, puts an end to his own life. This is felony; punished by ignominious burial, and forfeiture of goods and chattels........ 8. Killing another is, I. Manslaughter. II. Murder......... 9. Manslaughter is the unlawful killing of another; without malice, express or implied. This is either, I. Voluntary, upon a sudden heat. II. Involuntary, in the commission of some unlawful act. Both are felony, but within clergy; except in the case of stabbing........... 10. Murder is when a person of sound memory and discretion unlawfully killeth any reasonable creature, in being and under the king's peace; with malice aforethought, either express or implied. This is felony, without clergy; punished with speedy death, and hanging in chains or dissection........ 177 178 178 182 188 189 190 191 194 11. Petit treason (being an aggravated degree of murder) is where the servant kills his master, the wife her husband, or the ecclesiastic his superior. Penalty: in men, to be drawn and hanged; in women, to be drawn and burned............ 203 CHAPTER XV. OF OFFENCES AGAINST THE PERSONS OF INDIVIDUALS.. .........205 to 219 1. Crimes affecting the persons of individuals, by other corporal injuries not amounting to homicide, are, I. Mayhem; and also shooting at another. Penalties: fine; imprisonment; judgment of felony, without clergy. II. Forcible abduction, and marriage or defilement, of an heiress; which is felony: also, stealing, and deflowering or marrying, any woman-child under the age of sixteen years; for which the penalty is imprisonment, fine, and temporary forfeiture of her lands. III. Rape; and also carnal knowledge of a woman-child under the age of ten years. IV. Buggery, with man or beast. Both these are felonies, without clergy. V. OF OFFENCES AGAINST PRIVATE PROPERTY.. 1. Crimes affecting the private property of 3. Simple larceny is the felonious taking, 4. Mixed, or compound, larceny, is that wherein the taking is accompanied with the aggravation of being, I. From the house. II. From the person... 5. Larcenies from the house, by day or night, are felonies without clergy, when they are, I. Larcenies, above twelvepence, from a church;-or by breaking a tent or booth in a market or fair, by day or night, the owner or his family being therein;-or by breaking a dwelling-house by day, any person being therein; or from a dwelling-house by day, without breaking, any person therein being put in fear;-or from a dwelling-house by night, without breaking, the owner or his family being therein, and put in fear. II. Larcenies of five shillings, by breaking the dwelling-house, shop, or warehouse, by day, though no person be therein; or by privately stealing in any shop, warehouse, coach-house, or stable, by day or night, without breaking, and though no person be therein. III. Larcenies, of forty shillings, from a VOL. IL-B 229 229 229 239 dwelling-house or its out-houses, without breaking, and though no person be therein Page 239 ............................ ..... 241 6. Larceny from the person is, I. By privately stealing from the person of another, above the value of twelvepence. II. By robbery; or the felonious and forcible taking, from the person of another, goods or money of any value, by putting him in fear. These are both felonies without clergy. An attempt to rob is also felony. 7. Malicious mischief, by destroying dikes, goods, cattle, ships, garments, fishponds, trees, woods, churches, chapels, meeting-houses, houses, out - houses, corn, hay, straw, sea or river banks, hop-binds, coal-mines, (or engines thereunto belonging,) or any fences for enclosures by act of parliament, is felony, and, in most cases, without benefit of clergy.. 243 8. Forgery is the fraudulent making or alteration of a writing, in prejudice of another's right. Penalties: fine; imprisonment; pillory; loss of nose and ears; forfeiture; judgment of felony, without clergy.. CHAPTER XVIII. 247 of King's Bench. IV. The court of chivalry. V. The court of admiralty, under the king's commission. VI. The courts of oyer and terminer and general gaoldelivery. VII. The court of quartersessions of the peace. VIII. The sheriff's tourn. IX. The court-leet. X. The court of the coroner. XI. The court of the clerk of the market......... Page 258-275 4. Private criminal courts are, I. The court of the lord steward, &c. by statute of Henry VII. II. The court of the lord steward, &c. by statute of Henry VIII. III. The university courts...............275-277 CHAPTER XX. OF SUMMARY CONVICTIONS................ 280 to 288 1. Proceedings in criminal courts are, I. Summary. II. Regular....... 2. Summary proceedings are such, whereby a man may be convicted of divers offences, without any formal process or jury, at the discretion of the judge or judges appointed by act of parliament, or common law. 3. Such are, I. Trials of offences and frauds against the laws of excise and other branches of the king's revenue. II. Convictions before justices of the peace upon a variety of minute offences, chiefly against the public police. III. Attachments for contempts to the superior courts of justice....... OF ARRESTS. CHAPTER XXI. 280 280 .281-288 ..289 to 295 courts of II. Com 289 1. Regular proceedings in the common law, are, I. Arrest. mitment and bail. III. Prosecution. IV. Process. V. Arraignment, and its incidents. VI. Plea and issue. VII. Trial and conviction. VIII. Clergy. IX. Judgment, and its consequences. X. Reversal of judgment. XI. Reprieve, or pardon. XII. Execution.... 2. An arrest is the apprehending, or restraining, of one's person, in order to be forthcoming to answer a crime whereof one is accused or suspected............... 289 3. This may be done, I. By warrant. II. By an officer, without warrant. III. By a private person, without warrant. IV. By hue and cry.... .......................289–295 son-breakers, when committed V. Outlaws. VI. Those who jured the realm. VII. Appr appellees. VIII. Persons take mainour. IX. Persons accuse X. Excommunicated persons... 4. The magistrate may, at his admit or not admit to bail p of good fame, charged with nies, whether as principals cessories........ 5. If they be of good fame, he is admit them to bail........ 6. The court of King's Bench, or in time of vacation, may bail i whatsoever.... CHAPTER XXIII OF THE SEVERAL MODES OF PROSE 1. Prosecution, or the manner of offenders, is either by a previo of a grand jury, as, I. By pr II. By indictment. Or, with finding, III. By information. appeal....... 2. A presentment is the notice t grand jury of any offence, from knowledge or observation...... 3. An indictment is a written acc one or more persons of a crin demeanour, preferred to, and on oath by, a grand jury; e with sufficient certainty, th time, place, and offence...... 4. An information is, I. At the s king and a subject, upon pena II. At the suit of the king only 1. Filed by the attorney-genera for such misdemeanours king's person or government; o by the master of the crown-of leave of the court of King's Ben relation of some private subject gross and notorious misdemean differing from indictments in they are exhibited by the inf the king's officer, and not on t a grand jury... as 5. An appeal is an accusation, brought by one private subje another, for larceny, rape, arson, or homicide: which the not discharge or pardon, but alone can release....... CHAPTER XXIV. OF PROCESS UPON AN INDICTMENT 1. Process to bring in an offend indicted in his absence, is, meanours, by venire facias, dis nite, and capias; in capital crin pias only; and, in both, by outla 2. During this stage of proceed indictment may be removed court of King's Bench from ar jurisdiction, by writ of certior and cognizance must be claimed of exclusive jurisdiction........ |