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16. What is subornation of perjury ?—137, 138.
Subornation of perjury is the offense of procuring another to take such false oath as constitutes perjury in the principal.
17. What is the punishment of perjury and subornation of perjury?-138.
The punishment of both, at common law, has been various ; anciently it was death ; afterward banishment or cutting out the tongue; then forfeiture of goods ; and now it is fine and imprisonment, and never more to be capable of bearing testimony.
18. What is bribery?—139.
Bribery is when a judge, or other person concerned in the administration of justice, takes any undue reward to influence his behavior in bis office.
19. In what instance did the Roman law tacitly encourage the practice of bribery !-139.
In allowing the magistrates to receive small presents, provided they did not, in the whole, exceed a hundred crowns in the year.
20. Horo is the offense of taking bribes, in inferior officers, punished ?-140.
With fine and imprisonment.
21. How is the offense of offering a bribe, though not taken, pun ished ?-140.
With fine and imprisonment.
22. How is the offense of taking bribes by judges looked upon ?-140.
It hath always been looked upon as so heinous an offense, that the chief justice, Thorpe, was hanged for it in the reign of Edward the Third.
23. How is embracery punished ?–140.
The punishment for the person embracing is by fine and imprisonment; and for the juror so embraced, if it be by taking money, the punishment is, by statute, perpetual infamy, imprisonment for a year, and forfeiture of tenfold the value.
. 24. How was the false verdict of jurors considered ?–140.
Whether occasioned by embracery, or not, it was anciently considered as criminal, and punished by attaint.
25. How is the negligence of public officers, as sheriffs, coroners, constables, and the like, punishable .—140.
By fine ; and in very notorious cases, by forfeiture of the offender's office if it be a beneficial one.
26. How is the oppression of officers punished ?-141.
The oppression and tyrannical partiality of judges, justices, and other magistrates, in the administration and under the color of their office, when prosecuted, either by impeachment in parliament, or by information in the court of king's bench, (according to the rank of the offenders,) is sure to be severely punished with forfeiture of their offices (either consequential or immediate), fines, imprisonment, or other discretionary censure regulated by the nature and aggravations of the offense committed.
27. What is the punishment for the offense of extortion ?-141.
The punishment is fine and imprisonment, and sometimes a forfeiture of the office.
OF OFFENSES AGAINST THE PUBLIC PEACE.
1. Of what species are offenses against the public peace !-142.
Offenses against the public peace are either such as are ad actual breach of the peace, or constructively so, by tending to make others break it. Both of these species are, also, either felonious, or not felonious.
2. What are felonious breaches of the peace ?-142-153.
They are, by statute : 1. Riotous assembling ; 2. Hunting in the night ; 3. Threatening letters ; 4. Destroying flood-gates, &c., on navigable rivers. The following are merely misdemeanors: 5. Affrays; 6. Riots, routs and unlawful assemblies; 7. Tumultuous petitioning; 5. Forcible entry or de tainer ; 9. Going armed with weapons ; 10. Spreading false news; 11. False prophesying; 12. Challenges to fight; 13. Libels.
3. What is forcible entry or detainer ?–148.
Violently taking or keeping possession of lands and tenements, with menaces, force, and arms, and without the authority of law.
4. Horo is riding or going armed with dangerous or unusual weapons a crime 2-149.
It is a crime against the public peace, by terrifying the good people of the land, and is particularly prohibited by the statute of Northampton, 2 Edward III., c. 8, upon pain of forfeiture of the arms, and imprisonment during the king's pleasure.
5. What libels tend to the breach of the public peace !-150.
Malicious defamations of any person, and especially a magistrate, made public by either printing, writing, signs, or pictures, in order to provoke him to wrath, or expose him to public hatred, contempt, or ridicule.
6. What is publication of a libel, in the eye of the law ?-151. The communication of the libel to any one person.
OF OFFENSES AGAINST PUBLIC TRADE.
1. Of what two degrees are offenses against public trade?–154,
They are either felonious, or not felonious.
2. What are the felonious offenses against public trade ? —154160.
They are : 1. Owling. 2. Smuggling. 3. Fraudulent bankruptcy. 4. Usury. 5. Cheating. 6. Forestalling. 7. Regrating. 8. Engrossing. 9. Monopolies. 10. Exercising a trade without an apprenticeship. 11. Transporting and seducing our artists to settle abroad.
3. What is owling ?-154.
Owling, so called from its being usually carried on in the night, is the offense of transporting wool or sheep out of this kingdom, to the detriment of its staple manufacture.
4. What is smuggling ?—154, 155.
The offense of importing goods without paying the duties imposed thereon.
5 What is the penalty for usury !-157.
Contracts for more than legal interest are totally void.
6. What is regrating ?-158.
It is, by statute, the buying of corn, or other dead victual, in any market, and selling it again in the same market, or within four miles of the place ; for this enhances the price of provisions.
7. What is engrossing?-158.
The getting into one's possession, or buying up, large quantities of corn, or other dead victuals, with intent to sell them again.
8. What are monopolies ?–159.
They are much the same offense in other branches of trade that engrossing is in provisions.
9. Why was transporting and seducing artists to settle out of England forbidden 8–160.
To prevent the destruction of home manufactures.
OF OFFENSES AGAINST THE PUBLIC HEALTH, AND
THE PUBLIC POLICE OR ECONOMY.
1. What are the offenses against the public health of the nation! -161, 162.
They are two : 1. Spreading the plague, which is a felony. 2. Selling unwholesome provisions. 2. What is meant by the public police and economy ?-162.
The due regulation and domestic order of the kingdom, whereby the individuals of the state, like the members of a wellgoverned family, are bound to conform in their general behavior to the rules of propriety, good neighborhood, and good manners; and to be decent, industrious, and inoffensive in their respective stations.
3. Is this head of offenses miscellaneous ?-162.
Yes, very miscellaneous ; as it comprises all such crimes as especially affect public society, and are not comprehended under the four species heretofore treated of.
4. What are the offenses against the public police and economy? .-162-174.
They are ; 1. Clandestine marriages. 2. Bigamy. 3. Idle soldiers and mariners, or persons pretending so to be, wandering about the realm. 4. Outlandish persons, calling themselves