sions, or contempts and high misdemeanors, the last four consisting, in general, of such contempts of the executive magistrate, as demonstrate themselves by some arrogant and unduti ful behaviour towards the king and government? 121-124.

9. What offences are included under the misprision of the mal-administration of such high officers as are in public trust and employ. ment; and how is it usually punished? 121,

122.

10. What are contempts against the king's prerogative? 122.

11. Whose duty is it, and when, to join the posse comitatus, or power of the county, according to the statute 2 Hen. V. c. 8.? 122.

12. How are contempts against the King's prerogative punished? 122.

13. What are contempts and misprisions against the king's person and government; and how may they be punished? 123.

14. What are contempts against the king's title, not amounting to treason or præmunire; and how are they punished? 123.

15. What offence is it, and how punishable by statute 13 Eliz. c. 1., to maintain that the cominon laws of this realm, not altered by parliament, ought not to direct the right of the crown of England? 123.

16. What are the penalties inflicted by statute 1 Geo. I. st. 2. c. 13., for refusing or neglecting to take the oaths appointed by statute for better securing the government, and yet acting or serving in a public office, place of trust, or other capacity, for which the said oaths are required to be taken; and what, if members on the foundation of any college in the two universities, who, by this statute, are bound to take the oaths, do not register a certificate thereof in the college-register, within one month after? 123, 124.

17. What are contempts against the king's palaces or courts of justice; and how are they, a rescue from them, and an affray, or riot near them, but out of their actual view, punishable? 124, 125.

18, How are threatening or reproachful words to any judge, sitting in the courts, punishable; and how is an affray, or contemptuous behaviour, in the inferior courts of the King?

126..

19. How are such as are guilty of any injurious treatment to those, who are immediately under the protection of a court of justice, pun

ishable? 126.

20. How are endeavours to dissuade a wit ness from giving evidence, disclosures of examination before a privy council, advice to a prisoner to stand mute, or disclosures by one of the grand jury to any person indicted of the evidence against him, construed and punish

ed? 126.

5. What is the offence of obstructing the execution of lawful process in criminal cases, and what is enacted by several statutes, as to op. posing the execution of any process in pretended privileged places within the bills of mortality: 12.

6. Who are punishable for the escape of a person arrested upon criminal process, how, and when? 129, 430.

7. How is breach of prison by the offender himself, punished by the statute de trangentibus prisonam, I Edw. II.? 130, 131.

8. What is rescue; how is it punishable, and when; what is enacted by statutes 11 Geo. II. c. 26., and 24 Geo. II. c. 40., as to rescues of any retailers of spirituous liquors, and by statute 16 Geo. II. c. 31., as to assisting prisoners to escape; and what, if any person be charged with any of the offences against the black-act 9 Geo. I. c. 22, and being required by order of the privy council to surrender himself, neglect to do so for 40 days? 131.

9. Who are punishable for an offender's returning from transportation, and how? 132.

10. What is enacted by statute 4 Geo. I. c. 11., as to the offence of taking a reward, under pretence of helping the owner to his stolep goods? 132.

11. In the offence of receiving stolen goods knowing them to be stolen, which makes the offender accessory to the theft, of what other punishment has the prosecutor, by statute 1 Ann. c. 9., and 5 Ann. c. 31., the choice, before the thief be taken and convicted, and what is enacted as to receivers and possessors of certain metals, by statute 29 Geo. II. c. 30.. and as to knowing receivers of stolen plate or jewels taken by highway-robbery or burglary? 132, 133.

12. What is theft-bote, and how is it punished; and what is enacted by statute 25 Geo. II. c. 35., as to advertising a reward for the return of things stolen, with "no questions asked " 133, 134.

13. What is common barretry; how is it punished, and what is enacted by statute 12 Geo. I. c. 29, in case an attorney shall have been convicted of this offence? 134.

tice.

1. INTO what five species, may those crimes and misdemeanors, that more especially affect the commonwealth, be divided? 127, 128.

2. What are the twenty-two offences against public justice, beginning with those that are

15. What is the offence of maintenance; when is it not an offence; and what is the pu nishment for it, when it is by common law, and by statute 32 Hen. Vill. c. 9.? 134, 135.

16. What is champerty (campi partitio); and what has the law's abhorrence of it led it to say of a chose in action by common law, and

ofa pretended right or title to land, by statute 32 Hen. VIII. c. 9.? 135, 136.

17. What is enacted by statute 13 Eliz. c. 5., as to compounding informations upon penal statutes? 136.

18. In what two ways may conspirators to indict an innocent man of felony be punished? 136, 137.

19. How are threats of accusation, in order to extort money, punishable by statute 30 Geo. I. c. 24. 137.

20. How is perjury defined by Sir Edward Coke; what is subornation of perjury; how are they now punished at common law, with an added power in the court to inflict what penalties, by statute 2 Geo. II. c. 25. ; and how may they be punished by statute 5 Eliz. c. 9.? 137, 138.

21. When is bribery an offence against public justice; in whom and how is it punished; and what is enacted on this subject by a statute 11 Hen. IV.? 139, 140.

22. What is embracery; and in whom and how is it punished? 140.

23. How was the false verdict of jurors antiently considered, and how punished ?" 140. 24. In what public officers is negligence an offence against public justice; and how is it puDishable? 140.

25. How is the oppression and tyrannical partiality of magistrates prosecuted and puuish ed? 141.

26. When is extortion an abuse of public ustice; and what is the punishment for it?

141.

CHAP. XI.-Of Offences against the Public Peace.

10. What is tumultuous petitioning; and what is enacted, for its prevention, by statute 13 Car. II. st. 1. c. 5.? 147, 148.

11. What is forcible entry or detainer; and how, by several statutes, may it be suppressed and punished? 148, 149.

12. What is the offence of going unusually armed; and how is it prohibited by the statute of Northampton, 2 Edw. III. c. S.? 149.

13. When is the offence of spreading false news punishable, and how? 149.

14. How is the offence of pretended prophe cy punished by statute 5 Eliz. c. 15.? 149.

15. In whom are challenges to fight punishable, and how; and what, by statute 9 And. c. 14., if the challenge, or any assault or affray, arise on account of any money won at gaming? 150.

16. What are libels, which tend to the breach of the peace; what is a publication of them, in the eye of the law; what if they be true, and what if they be false; what is the difference between a libel in a civil action, and a libel in a criminal prosecution; and what is the punishment of criminal libels? 150, 151.

17. Though it have been long held that the truth of a libel is no justification, in a crimipal prosecution, yet what general rule has the court of king's bench laid down, as to granting an information for a libel? To be answered from Mr. J. Christian's note (5) to this chapter. 151.

CHAP. XII-Of Offences against Public Trade.

1. Or what two degrees are offences agatos! public trade? 154.

2. What are the thirteen kinds of these offences? 154 156-160.

3. What is owling, and what are its penalties, by several statutes? 154.

4. What is sinuggling; and how is it punished by statute 19 Geo. II. c. 34.? 154, 155.

5. What are the several species of fraudulent bankruptcy, taken notice of by the statute law; and how are they punished? 156.

6. What, by statute 21 Jac. 1. c. 19., if the bankrupt cannot make it appear, that he is disabled from paying his debts by some casual loss; and what, by statute S2 Geo. II. c. 28., and 33 Geo. III. c. 5., if a prisoner charged in execution for debt (to what amount?) neglect or refuse on demand to deliver up his effects? 156., and sce Mr. J. Christian's note (3) at this page.

7. What is the penalty for usury; what, if any scrivener or broker take more than five shillings per cent. procuration-money, or more than twelve-pence for making a bond; and what is enacted, on this subject, by statute 17 Geo. IIL c. 26. 156, 157.

8. What offences may be referred to the head of cheating; what is the general punishment for all frauds of this kind, if indicted at common law; and what frauds are punished by the statutes 33 Hen. VIII. c. J., and 30 Geo. II. c. 24.? 157, 158.

9. How are the three offences of forestall

3. What is enacted by statutes 51 Hen. III. st. 6. and 12 Car. II. c. 25 11. to prevent the selling of uawholesome provisions and wine? 162.

4. What is meant by the public peace and œconomy? 162.

5. What are the nine offences against the public peace and economy? 162-166, 169171. 174.

6. What is enacted by the statute 26 Geo. II. 33. for the prevention of the offence of clandestine marriages? 162, 163.

7. What is bigamy, or more properly polygamy; what is its effect upon the second mar riage; and how is it punished by statute 1 Jac. I. c. 11., with an exception to what five cases? 163, 164.

8. How are wandering soldiers and mariners, or persons pretending so to be, punished by statute 39 Eliz. c. 17.? 164, 165.

9. How are persons calling themselves Egyptians, or gypsies, now punished by stafute 23 Geo. III. c. 51.? To be answered from Mr. J. Christian's note (10) to this chapter. 167.

10. What are common nusances, and of what seven sorts? 167, 168.

11. Who may be indicted, and what shall be equivalent to such indictment, for annoyances in highways, bridges, and public rivers, whe ther by positive obstructions, or want of reparation; and what is a purpresture? 167.

12. What if inn-keepers refuse to entertain a traveller, without a very sufficient cause? 167. 13. How may eaves-droppers be punished? 168..

14. How may a common scold (communis rix atrix) ? 168

15. Into what three classes are idle persons divided, and how is each class punished by stat. 17 Geo. II. c. 8.; and to what are persons harbouring vagrants liable? 169, 170,

16. What one sumptuary law against luxury is still unrepealed? 170.

17. What is enacted by statute 16 Car. II. c. 7, if any person by playing, or betting, shall lose more than 100%. at one time; what does the statute 9 Ann. c. 14. enact, as to all securities given for money won at play, if any person at one sitting lose 10. at play, and if any person, by cheating at play, win the same sum; what does the statute 13 Geo. II. c. 19. enact to prevent the multiplicity of horse-races; and what, by statute 18 Geo II. c. 34, if any person win or lose at play, or by betting 101. at one time, or 20l. within twenty-four hours? 172, 173

18. Who are guilty of the offence of destroying the game upon the old principles of the forest-law, and who, by the game laws; and what are the four qualifications for killing game, as they are usually called, or, more properly, the exemptions from the penalties inflicted by

the statute-law? 174, 175.

19. What are the punishments for unqualified persons transgressing the game-laws, in what ways; and how may those punishments be inflicted? 175.

20. What is enacted for the preservation of game by statute 28 Geo. II. c. 2.? 175.

CHAP. XIV.-Of Homicide.

1. Or what three principal kinds, are those crimes and misdemesnors, which in a more peculiar manner, affect and injure individuals, or private subjects? 177.

2. Of crimes injurious to the persons of private subjects, what is the most principal and important? 177.

3. Of what three kinds, and of what three degrees of guilt, is homicide? 177, 178. 4. In what three cases is homicide justifiable? 178, 179

5. What offence is it wantonly to kill the greatest of malefactors? 178.

6. What, if judgment of death be given by a judge not authorized by lawful commission, and execution be done accordingly? 178.

7. What if even the judge execute his own judgment; and what if an officer behead one who is adjudged to be hanged, or vice versâ?

179.

8 Of what six kinds are justifiable homicides, committed for the advancement of public justice? 179, 180.

9 But in all these first five cases, what apparent necessity must there be on the officer's side? 180.

10. When is it lawful to kill any person who attempts a burglary; and what is the uniform principle that runs through all laws as to repelling crimes by homicide? 180, 181.

11. What is Mr. Locke's doctrine on this subject, and how is it received by the commentator? 181, 182.

12. Wherein does excusable, differ from justifiable homicide; and of what two sorts is the former? 182.

13. In what cases does homicide per infortunium, or misadventure happen? 182.

14. In what cases, however, is the slayer guilty of manslaughter, and not misadventure only; but when are deaths in tilts or tourna

ments, boxing, or sword-playing, only misadventure? 183.

15. What is homicide in self defence, or se defendendo; what is chance-medley, or chaudmedley, and what must appear to excuse homicide by the plea of self-defence?

16. What seems to be the true criterion to distinguish homicide upon chance-medley, in self-defence, from manslaughter in the legal sense of the word? 184, 185.

17. What civil and natural relations are comprehended under the excuse of se defendendo, and why? 186.

18. Is there not one species of homicide se defendendo, where the party slain is equally innocent with him who occasions his death; and upon what principle is this homicide excusable? 186.

19. In what circumstances, do the two species of homicide, by misadventure and self-defence, agree; and what does the law's high value for the life of a man always intend? 186, 187.

20. What is the penalty for homicide? 388.

21. What is felonious homicide, and of what two kinds? 188.

22. What is self-murder, or felo de se; does it admit of accessories; when, and in whom, may it happen, and when in a real lunatic? 189, 190.

23. How is self-murder punished? 190.

24. What, if a husband and wife be possess ed jointly of a term of years in land, and the husband drown himself; and why? 190

25. How do the two degrees of guilt in killing another divide the offence; and what is the difference between either division of it? 190.

26. How is manslaughter therefore defined; and of what two branches is it? 191.

27. When is it voluntary manslaughter; and what circumstance makes it amount to murder? 191.

28. In what, therefore, does voluntary manslaughter differ from excusable homicide, se defendendo? 192.

29. In what does involuntary manslaughter differ from homicide excusable by misadventure? 192.

30. But what circumstances will make involuntary manslaughter amount to murder? 192, 193.

31. What is the punishment of manslaughter? 193.

32. But is there not one species of manslaughter, which is punished as murder by statute 1 Jac. I. c. 8., and how is this statute construed? 193, 194

33. How is murder defined, or rather described, by Sir Edward Coke? 195.

34. What if a person be indicted for one species of killing, or for killing with one wea pon, and it proves to have been another? 196. 35. May a man be guilty of murder, although no stroke be struck by himself, or no killing primarily intended? 196.

36. Within what time after the stroke received, must the party die, in order to make the killing murder? 197

37. When is it murder to kill a child in its mother's womb; and what is enacted by the

statute 21 Jac. 1. c. 27., as to a mother's cou cealing the death of her bastard child; but what is now required, upon trials for this of fence? 198.

38. What constitutes malice prepense, ma litia, præcogitata; and when is malice express, and when implied, in law? 198–201. ·

39. Who are guilty of murder, in deliberate duelling? 199.

40. If two or more come together to do an unlawful act against the king's peace, and one of them kill a man, in whom is it murder?

200.

43. What is the punishment of murder; and what is enacted, on that subject, by statute 25 Geo. II. c. 37? 201, 202.

44. What is petit treason (parva proditio); and by what three ways may it happen according to statute 25 Edw. III. c. 2.? 203.

45. Of what crime is a servant guilty who kills his master whom he has left, upon a grudge conceived against him during service; and whom is it petit treason in a clergyman to kill? 203.

46. May a person indicted of petit treason be found guilty of manslaughter or murder; and how many witnesses are necessary in case of petit treason? 204.

47. What is the punishment for petit treason, and what in a woman by statute 30 Geo. III. c. 48 204., and see Mr. J. Christian's note (30) at the same page.

48. What is the punishment for the aiders, abettors, and counsellors of petit treason 204.

CHAP. XV.-Of Offences against the Persons of Individuals.

1. Or what two degrees of guilt, are other offences against the persons of individuals?

205.

2. What are the four felonies? 205. 208. 210. 215 3. What amounts to mayhem, mayhemium ; and how is it punished by statutes 5 Hen. IV. c. 5., 37 Hen. VIII. c. 6., and 22 & 23 Car. II. c. 1, called the Coventry act? 205–207.

4. What is enacted by statute 9 Geo. I. c. 22., as to the offence of maliciously shooting at any person? 207.

5 What is enacted by statutes 3 Hen. VII. c. 2, and 39 Eliz. c. 9., as to the offence of forcible abduction and marriage of a female, or, as it is vulgarly called, stealing an beiress? 208.

6. What four things have been determined, in the construction of the first of these statutes; what has been determined as to the will of the woman? and what general rule of law may be violated, in punishing this offence? 208,

209.

7. What is enacted by the statutes 4 & 5 Ph. & M. c. 3., and 26 Geo. II. c. 33., as to an inferior degree of the same kind of offence? 209, 210.

8. What is the crime of rape; and what is