CHAP. I.-Of the Nature of Crimes, and their Punishment.

1. WHAT are the six considerations, in treating of public wrongs, or crimes and misdemesnors? 1, 2.

2. Why is the code of criminal law, with us in England, denominated the doctrine of the pleas of the crown? 2.

3. From what circumstances, have the defects and disproportions in our criminal code arisen? S, 4.

4. What is a crime or misdemesnor; and how has common usage distinguished the one from the other? 5.

5. In what does the distinction of public wrongs from private, of crimes and misdemesnors from civil injuries, principally consist? 5.

6. Which includes the other? 6.

7. In what crimes, why cannot satisfaction be made, both to the individual and the community; and in what, how may it? 6, 7. 8. What double view, then, has the law, in taking cognizance of all wrongs or unlawful acts? 7.

9. What are punishments? 7.

10. In whom was the right of punishing crimes against the law of nature vested by that law? 7, 8.

11. What right has the temporal legislator to inflict discretionary penalties for crimes against the law of nature, or mala in se ? 7, 8. 12. What right has he to inflict punishment for offences against the laws of society, or mala prohibita ? 8.

13, When only is a legislature warranted in inflicting the punishment of death for offences of human institution? 9, 10.

14. Is it found by experience, that capital punishments are more effectual in preventing crimes, then lighter penalties? 10.

15 What is the end, or final cause of human punishment? 11.

16. In what three ways, is the end of human punishinent effected? 11, 12.

17. By what must the measure of human punishment be determined? 12.

18. Why is not the lex talionis, or law of retaliation, in all cases, an adequate or permanent rule of punishment? 12, 13.

19. Does the punishment of death with death, proceed upon the principle of retaliation? 13, 14.

20. In what class of crimes, is the lex talionis more proper to be inflicted, than in any other; and, upon this principle, what was enacted by statute 17 Edw. III. c. 18., and how long was this the law? 14.

21 What are some general principles, drawn from the nature and circumstances of the crime, that may be of some assistance in allotting it an adequate punishment? 15, 16, 17.

22. Why is treason in conspiring the King's death punished with greater rigour than even actually killing any private subject? 15.

23. Why, generally, is a design to transgress not so flagrant an enormity, as the ac. tual completion of that design; and why then in the case of a treasonable conspiracy, will the bare intention to kill the King deserve the highest degree of severity? 15.

24. Why is it, in more cases, capital for a servant to rob his master, than for a stranger; what greater crime is it for a servant to kill his master, than in another; why is it capital to steal above the value of twelve-pence privately from one's person, and only transportation to carry off a load of corn from an open field; and why, in the island of Man, was it formerly only trespass, to take away a horse or an ox, and capital misdemeanor, to steal a pig or fowl? 16.

1. To what single consideration, may all the several pleas and excuses, which protect the committer of a forbidden act from the pu nishment which is otherwise annexed thereto, be reduced? 20.

2. What two things must there be, to constitute a crime against human laws? 21.

3. In what three cases, does not the will join with the act? 21.

4. What four species of defect in will fall under the first of these general heads; what two under the second; and what two under the third? 21, 22.

5. In what cases, does the law privilege an infant, under the age of twenty-one years; and in what under the age of fourteen only? 22.

6. By what is the capacity of doing ill measured, as the law has stood since the time of Edward the Third? 23.

7. At what age may an infant be guilty of felony; and though prima facie, an iufant shall be adjudged to be doli incapax under fourteen, yet with what provisio, may he be convicted and suffer death under that age? 23, 24.

8. What is the rule of law as to lunatics, which may be easily adapted also to idiots?

24.

9. If a man, in his sound memory, commit an offence, and before arraignment for it, he become mad, why shall not he be arraigned for it; if after he have pleaded, he becomes mad, why shall be not be tried; if after he be tried and found guilty, why shall not judgment be pronounced; and if after judgment, why sball execution be stayed? 24.

10. But what, if there be any doubt whether the party be compos, or not; and what, if a lunatic have lucid intervals of understanding? 25.

11. How may madmen be restrained from going loose? 25.

12. Does drunkenness excuse a crime? 25, 26.

13. When is a man, who commits an unlawful act by misfortune or chance, excused from all guilt? 26, 27.

14. What ignorance or mistake excuses crime? 27.

15. What are the three species of necessity or compulsion, which excuse crime? 23. 30.

16. When only is the constraint of a superior in a private relation allowed as an excuse for what crimes? 28, 29.

17. Why shall no plea of coverture, or pre

20. If a man be violently assaulted, and have no other possible means of escaping death, but by killing an innocent person, whom may he kill 30.

21. Where a man, by the commandment of the law, is bound to arrest another for any capital offence, or to disperse a riot, and resistance is made to this authority, who may he even kill, and why? 31.

22. May a man, in extreme want of food or cloathing, justify stealing either to relieve his present necessities? $1, 32.

23. What one case is there, in which the law supposes an incapacity of doing wrongs from the excellence and perfection of the person? 32, 33.

CHAP. III-Of Principals and Acces

sories.

1. WHAT are the two different degrees of guilt among persons that are capable of ofending? 34.

2. In what two degrees, may a man be principal in an offence? 34.

3. Must the principal in the second degree be actually immediately standing by, within sight or hearing of the fact? 34.

4. In cases of murder committed in the ab sence of the raurderer, by means which he had prepared beforehand, is the murderer principal in the first or second degree, or accessory; and why? 34, 35.

5. Who is an accessory; and of what two kinds are accessories? 35.

35.

6. Why are all principals, in high treason?

7. In what crimes, may there be accessories? 36.

8. Why are all principals, in petit larceny, and in all crimes under the degree of felony? 36.

9. If a servant instigate a stranger to kill his master, is he guilty of being accessory to petty treason? $6.

37.

10. Who is an accessory before the fact? S6,

11. If A. command B. to beat C. and B. beat him so that he die, is A accessory to the mur der? 37.

12. If A. command B. to burn C.'s house, and he, in so doing, cominit a robbery, is A. accessory to the robbery ? 37.

13. If A. command B. to poison C. and B. stab or shout him, is A. accessory to the murder? 37.

14. Who is an accessory after the fact; and what two things are necessary to make one? 37, 38.

15. Does the relief of a felon in gaol, with cloaths or other necessaries, make a man an accessory after the fact? 38.

16. Who are made accessories (when the principal felony admits of accessories) by the statutes, 5 Ann. c. 31., and 4 Geo. I. c. 11.7 88.

7. Are wards spoken, treason? 80.

8. Are words written, treason? 81. 9. What doos the phrase, "the king's com panion," mean, to violate whom is declared, by the statute, to be the second species of treason; and when is it treason in both parties? 81.

10. What is held as to the violation of a queen, or princess dowager; and why? 81.

11. What offences of taking up arms, does the third species of treason include? 81, 82. 12. To what does an insurrection to pull

Nations.

1. WHAT is the law of nations; and upon what principle is it founded? 66. 2. By what is this law enforced in England?

67.

3. What is the remedy for offences against this law, by whole states and nations? 68. 4. What if the individuals of any state violate this law? 68.

5. What are the three principal offences against this law, animadverted on as such by the municipal laws of England? 68.

6. How may the violation of safe conducts, or passports expressly granted by the king or his ambassadors to the subjects of a foreign power, in time of mutual war, be punished; and what is enacted as to offences against strangers at sea, or in port, by statute 31 Hen. VI. c. 4.? 68-70.

7. What is enacted by the statute 7 Ann. c. 12., in order to enforce the law of nations, as to the rights of ambassadors? 70, 71.

8. What is the offence of piracy by common law; how only is it punishable since the statute of treasons, 25 Edw. III. c. 2.; and what of fences are made piracy by statutes 11 & 12 W. III. c. 7., 8 Geo. I. c. 24., and 18 Gev. II. c. 30.? 71-73.

CHAP. VI.—Of High Treason.

1. INTO what four kinds may those offences be distinguished, which more immediately affect the royal person, his crown or dignity, and which are, in some degree, a breach of the duty of allegiance, whether natural and innate, or local and acquired by residence? 74. 2. What is treason proditio; how is the ap pellation generally used by the law; and of what two kinds is treason? 74, 75.

3. Under what seven distinct branches, are all kinds of high treason comprehended by the statute 25 Edw. III. c 2.? 76. 81-84.

4. Is a queen regnant, or a king consort, within the words of the act; is a king de facto, and pot de jure; is a king de jure, and not de facto; what is the true construction of the statute 11 Hen. VII. c. 1.; and is a king who has resigned his crown, abdicated his government or subverted the constitution, any longer the ob ject of treason? 76-78.

5. What is compassing or imagining the death of the king; and how must this act of the mind be demonstrated, before it can possibly fall under any judicial cognizance? 78,

79.

6. What are held to be overt acts of treason in imagining the king's death? 79. VOL. II.

amount; and to what does a tomult to pull down a particular house, or lay open a particular inclosure? 82.

13. What, if two subjects quarrel and levy war against each other?" 82.

14. When does a bare conspiracy to levy war amount to treason? 82.

15. How must the fourth species of treason, or that of adherence to the king's enemies, be proved? 82.

16. In what light, is giving assistance to foreign pirates or robbers, treason? 83.

17. Under what description, is adherence or aid to our own fellow-subjects in actual rebellion at home, treason? 83.

18 What is held, as to relieving a rebel fled out of the kingdom; and why? 83.

19 In what events shall a man's joining with either rebels or enemies, in the kingdom, be excused? 83.

20. To what offence does the taking wax; which bears the impression of the great seah, off from one patent and affixing it on another, amount? 83, 84.

21. What money is meant by the statute, to counterfeit which is the sixth species of trea. son? 84.

22. Which of the king's officers of justice are within the statute, which declares the "slaying of them in their places doing their offices," treason? 84.

23. What does the act say, as to "other like cases of treason" or constructive treasons? 85.

24. Under what three heads, are comprized the high treasons created by subsequent statutes, and not comprehended under the description of statute 25 Edw. III.? 87.

25. In what three cases relating to papists, is the offence of high treason declared to be committed, by the statutes 5 Eliz. c. 1., 27 Eliz. c. 2, and 3 Jac. I. c. 4; and what is the reason of distinguishing these overt acts of popery from all others, which were considered in a preceding chapter as spiritual offences? 87, 88.

26. With regard to treasons relative to the coin, or other royal signatures, what two of fences are declared to be high treason by statute 1 Mar. st. 2. c. 6.; and what one in consequence of the former, with regard to importing coin, by statute 1 & 2 P. & M. c. 11.? 89.

27. Is it high treason to counterfeit foreign money, taken bere by consent? 89.

28. What instances of falsifying the coin are declared to be high treason, by statutes 5 Eliz. c. 11., and 18 Eliz. c. 12.? 90.

29. What offences, as to implements of, and

preparations for coinage, are declared to be high treason, by statute 8 & 9 W. III. c. 26., made perpetual by 7 Ann. c. 25.; and within what times, must all prosecutions on this act be commenced? 90.

30. What species of coining is made high treason by statute 15 & 16 Geo. II. c. 28., but in what case shall the offender be pardoned? 90, 91.

31. What offences are made high treason, with a view to the security of the protestant succession, with regard to the late Pretender or his sons, by statutes 13 & 14 W. III. c. 3., and 17 G. II. c. 39., and generally by sta tutes 1 Ann. st. 2. c. 17., and 6 Ann. c. 7.? 91,

92

32. What offences are made high treason by the statute 33 Geo. III. c. 27., called the traiterous correspondence act; and what else does the statute enact? To be answered from Mr. Justice Christian's note (9) to this chapter.

92.

33. Of what six parts does the punishment for high treason consist; but what parts may be discharged by the king? 92, 93.

54. How is the punishment milder for male offenders, in case of coining? 93.

35. But is the punishment of females, ip treasons of every kind? 93.

CHAP. VII.-Of Felonies injurious to the King's Prerogative.

1. WHAT is felony, in the general acceptation of our English law? 94, 95.

2. What is the etymology of the word, ac cording to Sir Henry Spelman; how is this ety: mology confirmed by the feodal writers; and wherefore are suicide, homicide, petit larceny, robbery, rape, and treason, felonies, by the antient law? 95-97.

3. As there are felonies without capital punishment, may capital punishments be inflicted where the offence is no felony? 97.

4. But to what usage, do the interpretations of the law now conform; and in compliance therewith, in what light does the present commentator intend to consider felony 98. 5. Of what five kinds, are such felonies as are more immediately injurious to the King's prerogative? 93.

6. Of the various offences relating to the coin, as well misdemesnors as felonies, declared by a series of statutes, what are the several penalties for melting down sterling money, by statute 9 Edw. III. st. 2.; for melting down current silver money, by statute 13 & 14 Car. I. c. 31; for importing false mo ney; for forging any foreign coin, although it be not made current here by proclamation; for having to do with clippings or filings of the coin, for blanching copper for sale, or dealing in any maileable composition resembling gold, or buying at a less rate than it imports to be of, any counterfeit or diminished milled money of this kingdom, not being cut in pieces (an operation which is, in what case, directed, and in what cases, allowed and required, by certain statutes, to be performed); for tendering any counterfeit coin, knowing it to be so; for doing so, having more in custody, or repeating the offence within ten days after; and for

counterfeiting copper half-pence or farthings, or dealing in it (not being cut in pieces or melted) at a less value than it imports to be of? 98-100. 7. What is enacted by statute 3 Hen. VII. c. 14. and 9 Ann. c. 18., as to felonies against the king's council? 100, 101.

2. In what cases is it made felony to serve foreign states, by statutes 3 Jac. I. c. 4., 9 Geo. II. c. 30., and 29 Geo. II. c. 17.? 101.

9. What is enacted by the statute 31 Eliz. c. 4., as to felony in embezzling the king's armour or warlike stores; what effect upon this statute has that of 22 Car. II. c. 5.; how are other inferior embezzlements and misdemeanors punished by several statutes; and what is enacted by statute 12 Geo. III. c. 24. ? 101, 102.

10. What is enacted by statutes 18 Hen. VI. c. 19., and 5 Eliz. c. 5., as to desertion from the king's armies in time of war, whether by land or sea; what effect upon this statute has that of 2 & 3 Edw. VI. c. 2.; and how are other inferior military offences punishable by the same statutes? 102.

CHAP. VIII.-Of Præmunire.

1. WHY is the offence of praemunire so called; and whence did it take its original? 103.

2. What does the statute of praemunire 16 Ric. II. c. 5. enact; and who are also subjected to the penalties of praemunire by statute 2 Hen. IV. c. 3. ? 112.

3. What offences are made liable to the pains of praemunire, by the statutes of Hen. VIII. and Eliz.? 115.

4. To what penalty is the importing or selling mass-books, or other popish books liable by statute 3 Jac. I. c. 5. § 25.? 115.

5. To what twelve other offences, some of which bear no relation to the original offence, have the penalties of praemunire been applied by various statutes? 116, 117.

6. How is the punishment of præmunire shortly summed up by Sir Edward Coke; except in the case of transgressing what statute, may the king, by his prerogative, remit the whole or any part of the punishment; and what does the statute 5 Eliz. c. 1. provide as to the consequences of an attaint by præmunire? 117, 118.

CHAP. IX.-Of Misprisions and Contempts, affecting the King and Govern

ment.

1. WHAT are misprisions (mespris), and contempts; and of what two sorts? 119.

2. Of what three kinds are negative misprisions? 120, 121.

3 What is misprision of treason; but what circumstances make this offender guilty of high treason? 120.

4. What positive misprision of treason is created by statute 13 Eliz. c. 2.? 120.

5. What is the punishment for misprision of treason? 120.

6. What is misprision of felony; and how is it punished by the statute Westm. 1., 3 Edw. I. c. 9.? 121.

7. What is the punishment for misprision of treasure-trove?-121.

8. Of what fire kods are positive mispri