or gesture, be used, as might create an apprehension of danger, or induce a man to part with his property without or against his consent. Thus, if a man be knocked down without a previous warning, and stript of his property while senseless, though strictly he cannot be said to be put in fear, yet this is undoubtedly a robbery. Or, if a person with a sword drawn begs an alms, and I give it him through mistrust and apprehension of vio. lence, this is a felonious robbery. So if, under a pretence of sale, a man forcibly extorts money from another, neither shall this subterfuge avail him.

II. Malicious mischief, or damage, is the next species of injury to private property, which the law considers as a public crime. This is such as is done, not animo furandi, or with an intent of gaining by another's loss; which is some, though a weak excuse: but either out of a spirit of wanton cruelty, or black and diabolical revenge. In which it bears a near relation to the crime of arson; for as that affects the habitation, so this does the other property of individuals. And there

fore

any damage arising from this mischievous disposition, though only a trespass at common law, is now by a multitude of statutes made penal in the highest degree.

By statute 22 and 23 Car. II. c. 7. maliciously, unlawfully, and willingly, in the night time, to burn or cause to be burnt or destroyed, any ricks or stacks of corn, hay, or grain, barns, houses, buildings, or kilns; or to kill any horses, sheep,

or other cattle, is felony; but the offender may make his election to be transported for seven years: and to maim or hurt such horses, sheep, or other cattle is a trespass, for which treble damages shall be recovered. By statute 4 & 5 W. and M. c. 23. to burn on any waste between Candlemas and Midsummer, any grig, ling, heath, furze, goss, or fern, is punishable with whipping and confinement in the house of correction. By statute 1 Ann. st. 2. c. 9. captains and mariners belonging to ships, and destroying the same, to the prejudice of the owners, (and by 4 Geo. I. c. 12. to the prejudice of insurers also) are guilty of felony without benefit of clergy. And by statute 12 Ann. st. 2. c. 18. making any hole in a ship in distress, or stealing her pumps, or aiding or abetting such offence, or wilfully doing any thing tending to the immediate loss of such ship, is felony without benefit of clergy. By statute I Geo. I. c. 48. maliciously to set on fire any underwood, wood, or coppice, is made single felony. By statute 6 Geo. I. c. 23. the wilful and malicious tearing, cutting, spoiling, burning, or defacing of the garments or cloaths of any person passing in the streets or highways, with intent so to do, is felony. By statute 9 Geo. I. c. 22. commonly called the Waltham black-act, occasioned by the devastations committed near Waltham in Hampshire, by persons in disguise or with their faces blacked, it is further enacted, that to set fire to any house, barn, or out-house, (which is extended by statute 9 Geo. III. c. 29. to the malicious and wilful

burning or setting fire to all kinds of mills) or to any hovel, cock, mow, or stack of corn, straw, hay, or wood: or unlawfully and maliciously to break down the head of any fish-pond, whereby the fish shall be lost or destroyed; or in like manner to kill, maim, or wound any cattle; or cut down or destroy any tree planted in an avenue, or growing in a garden, orchard, or plantation, for ornament, shelter, or profit; all these malicious acts, or procuring by gift or promise of reward any person to join them therein, are felonies, without benefit of clergy and the hundred shall be chargeable for the damages, unless the offender be convicted. By statutes 6 Geo. II. c. 37. and 10 Geo. H. c. 32. it is also made felony without the benefit of clergy, maliciously to cut down any river or sea-bank, whereby lands may be overflowed or damaged; or to cut any hop-binds growing in a plantation of hops, or wilfully and maliciously to set on fire, or cause to be set on fire, any mine, pit, or delph of coal. By statute 11 Geo. II. c. 22. to use any violence in order to deter any person from buying any corn or grain; to seize any carriage or horse carrying grain or meal to or from any market or seaport; or to use any outrage with such intent; or to scatter, take away, spoil, or damage such grain or meal, is punished for the first offence with imprisonment and public whipping: and the second offence, or destroying any granary where corn is kept for exportation, or taking away or spoiling any grain or meal in such

granary, or in any ship, boat, or vessel intended for exportation, is felony, subject to transportation for seven years. By statute 28 Geo. II. c. 19. to set fire to any goss, furze, or fern, growing in any forest or chase, is subject to a fine of five pounds. By statutes 6 Geo. III. c. 36. & 48. and 13 Geo. III. c. 33. wilfully to spoil or destroy any timber or other trees, or roots, shrubs, or plants, is for the two first offences liable to pecuniary penalties; and for the third if in the day-time, and even for the first if at night, the offender shall be guilty of felony, and liable to transportation for seven years. By statute 9 Geo. III. c. 29. wilfully and maliciously to burn or destroy any engine or other machines, therein specified, belonging to any mine, or any fences for enclosures, pursuant to any act of parliament, is made single felony, and punishable with transportation for seven years, in the offender, his advisers, and procurers.

III. Forgery, or the crimen falsi, is defined (at common law) to be "the fraudulent making or alteration of a writing to the prejudice of another man's right:" for which the offender may suffer fine, imprisonment, and pillory. And also, by a variety of statutes, a more severe punishment is inflicted on the offenders in many particular cases, which are so multiplied of late as almost to become general.

So that, I believe, through the number of these general and special provisions, there is now hardly a case possible to be conceived, wherein

forgery, that tends to defraud, whether in the name of a real or fictitious person, is not made a capital crime.

CHAPTER XVIII.

OF THE MEANS OF PREVENTING OFFENCES.

We are now arrived at the fifth general branch or head, under which I proposed to consider the subject of this book of our commentaries; viz. the means of preventing the commission of crimes and misdemeanors. And really it is an honour, and almost a singular one, to our English laws, that they furnish a title of this sort: since preventive justice is, upon every principle of reason, of humanity, and of sound policy, preferable in all respects to punishing justice.

This preventive justice consists in obliging those persons, whom there is a probable ground to suspect of future misbehaviour, to stipulate with and to give full assurance to the public, that such offence as is apprehended shall not happen; by finding pledges or securities for keeping the peace, or for their good behaviour. On this head, let us consider, first, what this security is; next, who may take or demand it; and lastly, how it may be discharged.

1. This security consists in being bound, with one or more sureties, in a recognizance or obliga