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; impri 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 sonment; house of correction....... Page 43-65 | 4. The punishment of high treason, in 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 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. Females, in both cases, are to be drawn and burned alive...... CHAPTER VII. 92 OF FELONIES INJURIOUS TO THE KING'S PRE- 94 2. Felonies injurious to the king's prero- VIII. 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. 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 office........ .....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 imprisonX. 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..... ment. CHAPTER XII. ..142-153 OF OFFENCES AGAINST PUBLIC TRADE...154 to 160 1. Offences against the public trade are, Pe 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. nalty: 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 punish.162-175 CHAPTER XIV. OF HOMICIDE..... .176 to 203 1 Crimes especially affecting individuals 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....... 177 178 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... 178 182 188 189 190 191 11. Petit treason (being an aggravated OF OFFENCES AGAINST THE PERSONS OF IN- .............................. .......................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. 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. III. OF OFFENCES AGAINST PRIVATE PROPERTY.. 3. Simple larceny is the felonious taking, 4. Mixed, or compound, larceny, is that nies of five shillings, by breaking the 229 229 229 239 dwelling-house or its out-houses, without ........ .Page 239 6. Larceny from the person is, I. By pri- 7. Malicious mischief, by destroying dikes, 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 THE MEANS OF PREVENTING OFFENCES... 2. These recognizances may be conditioned, 3. They may be taken by any justice or conservator of the peace, at his own discretion; or at the request of such as are entitled to demand the same...... 251 252 253 4. All persons, who have given sufficient CHAPTER XIX. OF COURTS OF A CRIMINAL JURISDICTION... 1. In the method of punishment may be 2. The criminal courts are, I. Those of a public and general jurisdiction throughout the realm. II. Those of a private and special jurisdiction........ 3. Public criminal courts are, I. The high court of parliament; which proceeds by impeachment. II. The court of the lord high steward; and the court of the king in full parliament: for the trial of capitally-indicted peers. III. The court 258 258 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 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.................................. 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 CHAPTER XXII. 289 4. The magistrate may, at his discretion, admit or not admit to bail persons not of good fame, charged with other felonies, whether as principals or as accessories..... 5. If they be of good fame, he is bound to admit them to bail....... 6. The court of King's Bench, or its judges in time of vacation, may bail in any case whatsoever.......... CHAPTER XXIII. OF THE SEVERAL MODES OF PROSECUTION.... 299 299 299 301 to 312 1. Prosecution, or the manner of accusing offenders, is either by a previous finding of a grand jury, as, I. By presentment. II. By indictment. Or, without such finding, III. By information. IV. By appeal..... 301 2. A presentment is the notice taken by a grand jury of any offence, from their own knowledge or observation....... 3. An indictment is a written accusation of one or more persons of a crime or misdemeanour, preferred to, and presented on oath by, a grand jury; expressing, with sufficient certainty, the person, time, place, and offence..... 301 302 4. An information is, I. At the suit of the king and a subject, upon penal statutes. II. At the suit of the king only. Either, 1. Filed by the attorney-general ex officio, for such misdemeanours as affect the king's person or government; or, 2. Filed by the master of the crown-office (with leave of the court of King's Bench) at the relation of some private subject, for other gross and notorious misdemeanours. All differing from indictments in this: that they are exhibited by the informer, or the king's officer, and not on the oath of a grand jury. .....307-312 5. An appeal is an accusation, or suit, brought by one private subject against another, for larceny, rape, mayhem, arson, or homicide: which the king cannot discharge or pardon, but the party alone can release........ OF PROCESS UPON AN INDICTMENT ......318 to 320 1. Process to bring in an offender, when indicted in his absence, is, in misdemeanours, by venire facias, distress infinite, and capias; in capital crimes, by capias only; and, in both, by outlawry...318-320 2. During this stage of proceedings, the indictment may be removed into the court of King's Bench from any inferior jurisdiction, by writ of certiorari facias: and cognizance must be claimed in places of exclusive jurisdiction.......... 320 |