Gambar halaman
PDF
ePub
[blocks in formation]

A master may accompany his domestic chaplain

[blocks in formation]

to retain Counsel, or to engage Counsel, and Is not within 21 Hen. 8. c. 7. for punishing sermay stand by him at his trial without being vants who steal the goods delivered to them by their masters. guilty of maintenance, &c.

CHEATS.

459. s. 31

318. s. 2
319

Cheating consists in defrauding or endeavouring
to defraud another of his known right, by means
of some artful device, contrary to the plain
rules of honesty.
Ch. 23. p. 318
But an imposition effected by means of a bare
naked lie, without the intervention of any art-
ful contrivance, is not cheating, punishable
criminally.
Instances given.
Common cheating is punishable with fine and
imprisonment.
ib. s. 3
By 33 Hen. 8. c. 1. whoever shall falsely and
deceitfully obtain the goods, &c. of another by
colour and means of any false privy token,
shall be corporally punishable in any degree
under death, as pillory, &c.
319. s. 4
The offence may be tried at sessions: and the
justices may convene suspected offenders.

ib. s. 6

156. s. 6 By 15 Geo. 2. c. 13. if any of the servants of the Bank shall embezzle certain choses in action with which they are intrusted, they shall be guilty, without clergy.

160

By 52 Geo. 3. c. 25. the same is inflicted on servants of the Post-office.

164

[blocks in formation]

The punishment of those who shall deny the
truth of the christian religion, &c.
Publishing a book to prove the king's govern-
ment antichristian, &c. may be alleged as an
overt act of compassing his death. 13. s. 31

CHRISTMAS-DAY.

363

320. s. 5 An instance of an offender being fined under the act: sed vide Coke's opinion (3 Inst. 123.) that By 13 Geo. 3. c. 80. to kill game, &c. on Christit cannot be done. By 52 Geo. 3. c. 64. whoever shall by false pretences obtain the property of another with intent to cheat and defraud any person, he shall be publicly whipped, or fined and imprisoned,

mas-day, incurs fine, &c.

CHURCH.
See POPERY.

or transported, as the Court shall think fit. The punishment of twelve-pence for being ab321 sent from church one Sunday or other holiday. 321, 322

Cases on these statutes.

272

373

By 16 Car. 2. whoever shall win any sum or valu- The forfeiture of twenty pounds for being absent able thing by any fraud or ill practice, shall a month. forfeit treble value, &c. &c.

323 The forfeiture of twenty pounds for every month's absence after conviction.

[blocks in formation]

In what manner such offender may be prosecuted | And uttering false money is neither treason nor for land or goods. misprision thereof within this act. What disabilities and other inconveniences of And only gold and silver coined within the ib. realm, by the king's authority, is "the king's fenders of this kind are liable to.

381

By what means offenders may be discharged from forfeitures.

Of the offence of suffering absence from church.

CHURCHWARDENS.

money.

20. s. 56

ib. s. 57

382 But by 1 Mar. c. 6. to counterfeit the gold or silver coin, not of the realm, made current by consent of the crown, or to aid or abet therein, 21. s. 59 is high treason.

384

They may levy the forfeiture of twelve-pence for

376

not coming to church. They are excepted out of the test act of 25 Car. 2. c. 2. s. 17.

369

They may whip boys for playing in the church,
or pull off the hats of those who refuse to take
them off, or may gently turn out disturbers of
divine service, without incurring the penalties
of 5 & 6 Edw. 6. c. 4.
493. s. 29

CLERGYMEN.

By 1 Eliz. c. 2. clergymen refusing to use the common prayer, or speaking in derogation of it, forfeit a year's profit, and suffer six months imprisonment for the first offence, and depri

366. s. 2 vation for the second. How they may be described in a certificate on 5 56. s. 33 Eliz. c. 1. for refusing the oaths. Are sufficiently shewn, in an indictment, to be in holy orders by the word clericus. 366. s. 3 CLIPPING.

See COIN.

Clippers of the coin are not within the statute of
20. s. 55
Treasons.

By 5 Eliz. c. 11. clipping, &c. any of the monies
of this realm, or foreign money, suffered to be
current by proclamation, is made high treason.
21. s. 61
By 18 Eliz. c. 1. whoever, for lucre, shall dimi-
nish, lighten, &c. &c. any of the monies as
aforesaid, shall be guilty of high treason, lose
goods, &c. &c. and lands during life, but no
ib. s. 62
corruption of blood.
Aiders, consenters, and abettors, are equally
guilty.

CLOTHES.

ib.

And by 14 Eliz. c. 3. to counterfeit gold or silver
coin, not of the realm, nor permitted to be
current, or to aid or abet therein, is misprision
ib. s. 60
of treason.

By 5 Eliz. c. 11. clipping, washing, rounding, or
filing, for lucre or gain, any of the proper
monies of this realm, or of any other realm
made current by proclamation, or aiding there-
ib. s. 61
in, is declared high treason.
By 18 Eliz. c. 1. to impair, diminish, falsify,
scale, or lighten, by any art or means, for lucre
or gain, any such monies, or to aid or consent
thereto, is high treason, with loss of goods ab-
solutely, lands during life only, but no corrup-
ib. s. 62
tion or loss of dower.

By 8 & 9 Will. 3. c. 26. whoever, except the
minters, shall make, &c. any puncheon, coun-
terpuncheon, matrix, stamp, dye, pattern, or
mould, in or upon which shall be made, or
which will make, the figure, stamp, resem-
blance, &c. of both or either of the sides of any
current gold or silver coin, shall be guilty of
ib. s. 63
high treason.
Whoever shall make or mend, &c. any edger, or
edging tool, instrument, or engine, not of com-
mon use in any trade, but contrived for mark-
ing the edges of money, with such letters or
grainings as those on money coined in the
mint, shall be guilty of high treason.
Whoever shall make or mend, &c. any press for
coinage, or any cutting engine, for making
blanks, by force of a screw, out of flatted bars
of gold or silver, shall be guilty of high treason.

23

ib.

[blocks in formation]

Maliciously to destroy the garments of another The words "pattern or mould" are omitted in

[blocks in formation]

the above clause; but it has been determined,
that they are comprized in the words "tool or
instrument;" and that the special term is suf-
ficient in an indictment, without averring the
thing to be a tool or instrument within the act.
24

20. s. 54 It is also determined, that if the stamp of the
coin be impressed or formed in, or upon any
of the instruments enumerated in the act, it is
immaterial whether it be laid in the indictment
as an instrument on which the resemblance of
the coin is made, or an instrument which will
make the resemblance. But it is better to lay
the fact according to the statute.
Counsellors, procurers, aiders, &c. are within
this act, but no corruption of blood or loss of
dower shall ensue.

Those who coin the king's money without autho-
rity, are guilty within this clause, whether
ib. s. 55
they utter it or not.
So also are the authorized minters, if they coin
ib.
it of baser alloy than the standard.
Receivers and comforters also are equally guilty,
ib.
but clippers are not within this act.
But to complete the crime, the counterfeiting
must be such as to render the coin passable.
25. (N)

23

24

By

a lower rate or value than it imports to be of, or was counterfeited for, is felony.

44

By 7 Ann. c. 25. prosecutions upon the above| statute, for making, &c. the tools or instruments therein prohibited, or for milling the edges of By 13 Eliz. c. 2. those who forge foreign coin money, shall be commenced within six months. not current here, their aiders, &c. are guilty of misprision of treason. 61. s. 7

23

By 8 & 9 Will. 3. c. 26. s. 2. to convey or assist in conveying any coining tools out of the mint, is high treason.

COMMON-COUNCIL-MAN.

24 Is within the corporation act of 13 Car. 2.

25

Or to mark the edges of any of the current dimi-
nished, or counterfeit coin of the kingdom,
with the usual letters or grainings, or to counsel
or assist therein, is high treason.
Whoever shall colour, gild, or case over, with
gold or silver, or with any wash, or materials
producing the colour of gold or silver, any of
the current coin, or blanks of base metal of a
fit size to be coined into counterfeited milled
money, or shall aid or abet therein, are de-
clared guilty of high treason.
It has been adjudged immaterial whether the
colouring be put on, or made to arise out of
ib.
the subject coloured.
By 15 Geo. 2. c. 28. to wash, gild, or colour, or
to add to, or alter the impression of any shil-
ling or sixpence real or counterfeited, with in-
tent to make them resemble either a guinea or
half guinea, is high treason.

COMMON-LAW COURTS.

367. s. 1

Have no cognizance of mere heresy; but if the consequences of it become injurious to the public peace, the offender may be indicted.

354

They may incidentally take cognizance of heresy, in judging of offences ordained by statute. ib. s. 7 ib. On a quare impedit, if the cause be heresy, the bishop must specify it particularly, that the temporal court may direct the jury accordingly. But a person aggrieved for heresy in a spiritual court, cannot move for a prohibition. 355. s. 9 To draw any out of the realm, in plea, which belongs to the common law courts, or to sue in other courts to defeat the judgment given there, incurs pramunire. 53. s. 14, 15

26

So also to file, alter, wash, or colour any halfpenny or farthing with intent to make them respectively resemble either a shilling or a sixpence, is high treason.

ib. Counsellors, aiders, abettors and procurers are within this statute.

COMMON-PRAYER.

ib.

365

The first establishment of it. ib. By 1 Eliz. c. 2. ministers neglecting to use it, or speaking in derogation of it, forfeit one year's profit, and suffer six months imprisonment for the first offence, and deprivation for the second. 366. s. 2

ib.

By 1 & 2 Ph. & Mary, c. 11. to bring into the
realm money, counterfeit to foreign coin cur-
rent here, is high treason.
The party bringing must know it to be false.
ib. s. 36
It must be from a foreign nation, and not from
any place subject to the British throne. ib.
The bare uttering is not within these statutes. 27

Clergymen without a cure are within this act.

ib. s. 3

[blocks in formation]

By ancient statute, a suspected person may be How the indictment must allege the offence. arrested for having false money. ib. s. 88 And quare, if the money need to be merchandised with, or paid away. The standard of coin is 2 car. copper to 22 car. of gold, 18 dwts. copper to 11 oz. 2. dwts. of silver.

actually This statute does not restrain the spiritual court from proceeding against offenders, as disturbers of the unity and peace of the church, &c.

27

43

The standard can only be altered by parliament. ib.

By 15 Geo. 2. c. 28. knowingly to utter any false or counterfeit money incurs, for the first offence, six months imprisonment and surety for six months more. For the second offence, two years imprisonment and surety for two years. The third offence is death. 44 To tender in payment any such money twice within ten days, or to have one or more pieces thereof in custody, besides what is tendered, is, for the first offence, two years imprisonment and two years security. The second offence is death without clergy.

ib. s. 5 Also by 1 Eliz. c. 2. to detract the said book in plays, songs, &c. or to procure a minister to alter the form, or to let any other minister say a different form of prayer, is a forfeiture of 100 marks, or six months imprisonment for the first offence, 400 marks, or twelve months imprisonment, for the second if not paid in six weeks, and for the third, loss of goods and imib. s. 9 prisonment for life.

Quare whether the imprisonment shall ensue if the offender die without paying the penalty within six weeks. 367. s. 7

[blocks in formation]

In murder within a year and a day, the whole Judges of record also are freed from all prosecuday on which the hurt was done, shall be tion for any thing done by them as judges. 447. reckoned first.

93

An assurance for payment of money with interest, shall be computed by calendar months, for otherwise it would be usury. 620. s. 54

CONCEALMENT.

s. 6

Conspiracy, upon the statute, must be both false
and malicious.
448. s. 7
Therefore, if the defendants in a writ of conspi-
racy can prove a probable cause, they shall be
discharged.
ib. s. 7

the statute.

ib. s. 8 Therefore husband and wife cannot be indicted alone, for they are but one; and the acquittal of all but one is an acquittal of all.

Concealment, or procuring the concealment of One person cannot be guilty of conspiracy upon felony, whether by common law or by statute, is misprision. 73. s. 2 By 3 Edw. 1. c. 9. sheriff, coroner, or bailiff, &c. who shall conceal, consent, or procure to conceal the felonies done in their liberties, shall be fined and imprisoned at the king's pleasure. ib. s. 3

[blocks in formation]

367

449

But an action on the case, in the nature of a writ of conspiracy, may be brought against one only. ib. And if brought against several, and all but one be acquitted, yet judgment may be given against

him.

sonment.

ib. A conspirator convicted at the suit of the party, shall pay damages, and have fine and impriib. s. 9 When at the suit of the king, the villanous judgment was formerly given. Conspiracy with oaths of secrecy, &c. CONSTABLE.

ib.

449

The offence in accepting or holding an office without due conformity to the church. Non-conformity in officers consists in not receiv- Constables are not within the test act, 25 Car. ing the sacrament, and in attending other wor

ship than the church.

[blocks in formation]

The offence of teaching school without conformity How far a person who has only a contingent in

to the church. For non-conformity of papists, &c. vide CHURCH, DISSENTERS.

[blocks in formation]

terest, may maintain another in a suit on the subject of which the contingency is to operate.

CONVENTICLES.

457.

[blocks in formation]

ib. 444 By 1 Mary, s. 2. c. 3. certain disturbers of licensed conventicles are directed to be punished in a summary way.

493. s. 30

A definition of conspiracy. Barely to conspire to indict another maliciously, whether any thing be done in prosecution of such intent, or not, is conspiracy. ib. s. 2 In an action for a malicious prosecution, the plaintiff must shew that the original suit is at an end. 446. notis It is always implied by law, that there must be It is safest to form an indictment at common law, a conviction before punishment. 373

for a malicious accusation.

CONVICTION.
See HERESY.

ib. A conviction is of no effect unless judgment be given thereon.

And for this offence a man may be not only

374

sentenced to THE PILLORY, but branded. ib. A party has no remedy against an insufficient conviction but to move it into the superior court, and quash it. 377. s. 23

[blocks in formation]

At common law, all confederacies, wrongfully to prejudice a third person, are criminal. The insufficiency of the indictment, want of jurisdiction in the court, or the improbability of injuring the defendant, is no justification in conspiracy for a malicious prosecution. 446. s. 3 Nor is it any plea, that the party only intended An additional punishment for a second offence to give evidence in the regular and legal course can never be inflicted, unless there has been of justice. a previous conviction for the first offence. 72. s. 7 But no juror is liable to any prosecution, in re

447. s. 4

spect to any verdict given by him, either upon Convict insane, how to be dealt with. a grand or petit jury.

[blocks in formation]

380. s. 39

2 (N) CON

[blocks in formation]

Not liable to be seized for recusancy. 375. s. 18
CORONATION OATH.

To charge the king with a breach of his corona-
tion oath, is a contempt against his person. 66
CORONER.

See DEODAND, INQUISITION. There can be no forfeiture as a deodand, nor can any thing be seized as such, till it be found by the coroner's inquest to have caused a man's death. 76. s. 8 But after the coroner has made his inquisition, which ought to find the value, the sheriff is answerable for it, and may levy for it on the town where it fell. ib. If the coroner neglect to make an inquest, it cannot be taken by the grand jury. ib. (N) When taken by the coroner, it may be moved and traversed.

[blocks in formation]

Murders done out of the realm may be tried, by special commission, in any county. 93. s. 11 By 27 Hen. 8. c. 4. and 28 Hen. 8. c. 15. a murder done at sea may be tried in any county. ib. s. 12

By 2 Geo. 2. c. 21. principals and accessaries to a murder, where the stroke, &c. is at sea, and the death on land, or è converso, may be tried in the county where either the death or stroke shall be.

94

By 2 & 3 Edw. 6. c. 24. a wound in one county, and the death in another, shall be tried in the county where the death shall happen. 94. s. 13 ib. By 26 Hen. 8. c. 6. a murder in Wales may be tried in the next adjoining English county. 94.

The personal estate of a felo de se is not vested in the king until the coroner has taken his inquest.

s. 14

78. s. 9 But appeals must be brought in the proper

Such inquisitions ought to be by the coroner super visum corporis, if the body can be found.

79. s. 11 And it is said this kind of inquisition cannot be traversed. ib. The coroner has only authority super visum corporis, and if the body cannot be found, the inquisition may be taken by the king's bench, or by a justice of the peace. And their inquisition may be traversed. ib. The manner in which their inquisitions ought to find the fact. ib. s. 13, 14 If they be full in substance, the coroner may be served with a rule to amend defect of form. ib.

CORPORATION.

Must repair their own bridges.

79. s. 12

s. 15.

708

county. (Sed vide 2 Geo. 2. c. 21.)

ib.

Larceny in one county, and the goods carried into another county, the offender may be indicted in either. 151

But in a robbery at sea, the pirate cannot be indicted in the county to which he carries the goods taken.

ib.

By 13 Geo. 3. c. 31. larceny in Scotland may be
tried in any county where the goods are found
&c. and è converso.
151. s. 53
Which shall be considered as the next adjoining
English county to Wales.

COVERTURE.

349. s. 8

[blocks in formation]

Aggregate, may be bound to repair bridges, It also protects her from being an accessary in either by special tenure or prescription. 706.

s. 2 May be compelled to repair highways by force of a general prescription.

CORN.

699. s. 8

felony by receiving her guilty husband. 4. s. 10 But coverture will not protect a wife for a theft committed of her own voluntary act, &c. 4.

s. 11

Nor for receiving stolen goods without her husband's privity. 4. (N) 7. Punishment for selling corn otherwise than by And in general, coverture is no protection for the Winchester bushel. any offence not capital, against the common law or statute.

CORRUPTION OF BLOOD

651

5. s. 13

Abolished except in high treason, petit treason, A wife cannot commit larceny of the goods of and murder. her husband, by reason of the coverture. 147, CRIMES.

COSTS.

73

By 5 Eliz. c. 14. the defendant convicted of What person may be guilty of them. forgery shall pay double costs.

COTTONS.

299

1

CUCKING STOOL.
Sometimes called "Ducking Stool," the usual

Punishment for destroying cotton looms. 337 punishment for a common scold.

By 51 Geo. 3. c. 41. to steal cottons from

CURSING.

695

bleaching or printing grounds, liable to be The offence of profane cursing and swearing.

transported for life or less punishment. 206

363, 364 CUTTING

« SebelumnyaLanjutkan »