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ANALYSIS.

BOOK IV*.-OF PUBLIC WRƆNGS.

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1. In treating of public wrongs may be considered, I. The general nature of crimes and punishments. II. The .persons capable of committing crimes. III. Their several degrees of guilt. IV. The several species of crimes, and their respective punishments. V. The means of prevention. VI. The method of punishment

2. A crime, or misdemeanor, is an act committed, or omitted, in violation of a public law, either forbidding or commanding it

3. Crimes are distinguished from civil injuries, in that they are a breach and violation of the public rights, due to the whole community, considered as a community

4. Punishments may be considered with regard to, I. The power, II. The end, III. The measure, of their infliction. 5. The power, or right, of inflicting human punishments, for natural crimes, or such as are mala in se, was by the law of nature vested in every individual; but, by the fundamental contract of society, is now transferred to the Sovereign power: in which also is vested, by the same contract, the right of punishing positive offences, or such as are mala prohibita

6. The end of human punishments is to prevent future offences, I. By amending the offender himself. II. By deterring others through his example. III. By depriving him of the power to do future mischief

i. The measure of human punishments must be determined by the wisdom of the sovereign power, and not by any uniform universal rule: though that wisdom may be regulated, and assist ed, by certain general, equitable, prin ciples

CHAPTER II.

OF THE PERSONS CAPABLE OF COMMITTING CRIMES

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2. The will does not concur with the act, I. Where there is a defect of understanding. II. Where no will is ex erted. III. Where the act is constrained by force and violence 3. A vicious will may therefore be want. ing, in the cases of, I. Infancy. II. Idiocy, or lunacy. III. Drunkenness ; which doth not, however, excuse. IV. Misfortune. V. Ignorance, or mistake of fact. VI. Compulsion, or necessity; which is, 1st, that of civil subjection, 2ndly, that of duress per minas; 3rdly, that of choosing the least pernicious of two evils, where one is unavoidable; 4thly, that of want or hunger; which is no legitimate ex

cuse

4. The king, from his excellence and dignity, is also incapable of doing wrong

CHAPTER III.

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1. All persons are capable of commiting crimes, unless there be in them a defect of will; for, to constitute a legal crime, there must be both a vicious will, and a vicious act

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2. A principal in a crime is, I. He who commits the fact. II. He who is present at, aiding, and abetting, the commission

3. An accessory is he who doth not commit the fact, nor is present at the commission; but is in some sort concerned therein, either before or after 4. Accessories can only be in petit treason, and felony in high treason, and misdemeanors, all are principals 5. An accessory before the fact, is one who, being absent when the crime is committed, hath procured, counselled, or commanded another to commit it 6. An accessory after the fact, is where a person, knowing a felony to have been committed, receives, relieves, comforts, or assists the felon. Such accessory is usually entitled to the benefit of clergy; where the principal, and accessory before the fact, are ex cluded from it

CHAPTER IV.

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mere immediately offend, I. God, and his holy religion. II. The law of nations. III. The king and his government. IV. The public, or com monwealth. V. Individuals

Crimes more immediately offending God and religion, are, I. Apostacy. For which the penalty is incapacity, and imprisonment. II. Heresy. Penalty for one species thereof: the same. III. Offences against the established church.-Either, by reviling its ordinances. Penalties: fine; deprivation; imprisonment; forfeiture.-Or, by non-conformity to its worship: 1st, through total irreligion. Penalty: fine. 2ndly, through protestant dissenting. Penalty: suspended (conditionally) by the toleration act. 3rdly, 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; incapaci ty. IX. Sabbath-breaking. Penalty: fine. X. Drunkenness. Penalty: fine, or stocks. XI. Lewdness. Penalties fine; imprisonment; house of

correction

CHAPTER V.

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OF OFFENCES AGAINST THE LAW OF NATIONS 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 Eng. land, are, I. Violation of safe-con ducts. II. Infringement of the rights of ambassadors. Penalty, in both: arbitrary. III. Piracy. Penalty: judg ment of felony, without clergy

CHAPTER VI.

OF HIGH TREASON

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2. High treason may, according to the statute of Edward III. be committed, I. By compassing or imagining the death of the king, or queen-consort, or their eldest son and heir; demonstrated by some overt act. III. By violating the king's companion, his eldest daughter, or the wife of his eldest son, III. By some overt act of levying war against the king in his realm. IV. By adherence to the king's enemies. V. By counterfeiting the king's great or 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 "6-87 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. To the protestant succession: as, corresponding with, or remitting money to, the late pretender's sons; en deavouring 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

III.

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meanors affecting the comage may be
also referred) 11. Conspiring or at-
tempting to kill a privy counsellor. III.
Serving foreign states, or enlisting
soldiers for foreign service. IV. Em-
bezzling the king's armour or stores.
V. Desertion from the king's armies,
by land or sea

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2. Offences, against the public justice,

are, I. Embezzling, or vacating re-

cords, and personating others in courts

of justice. Penalty. judgment of fe-

lony, usually without clergy.

Compelling prisoners to become ap-

provers. Penalty: judgment of felo-

ny. III. Obstructing the execution of

process. IV. Escapes. V. Breach

of prison. VI. Rescue.-Which four

may (according to the circumstances)

be either felonies, or misdemeanors

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. Cominon barretry, and su-

ing in a feigned name. XII. Main-

tenance. XIII. Champerty.-Penal-

ty, in these four: fine and imprison

ment. XIV. Compounding prosecu

tions on penal statutes. Penalty:

fine, pillory, and disability. XV.

Conspiracy and threats of accusation

in order to extort money, &c. Penal

ties the villenous judgment; fine,

imprisonment; pillory; whipping;

transportation. XVI. Perjury, and

subornation thereof. Penalties: in-

famy; imprisonment; fine, or pillory;

and, sometimes, transportation

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 for-

feiture of the office. XXI. Oppres

sion by magistrates. XXII. Extortion

of officers.-Penalty, in both mor

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UF OFFENCES AGAINST THE PUBLIC
PEACE
! Offences, against the public peace,
a¡e, 1. Riotous assemblies to the
number of twelve. II. Appearing
armed, or hunting, in disguise. III.
Threatening, or demanding any valu-
able thing, by letter. All these are
felonies, without clergy. IV. De-
stroying of turnpikes, &c. Penalties:
whipping; imprisonment; judgment
of felony, with and without clergy.
V. Affrays. VI. Riots, routs, and un-
lawful assemblies. VII. Tumultuous
petitioning. VIII. Forcible entry and
detainer.-Penalty, in all four: fine,
and imprisonment. IX. Going unu
sually armed. Penalty: forfeiture of
arms, and imprisonment. X. Spread-
ing false news. Penalty: fine, and
imprisonment XI. Pretended prophe-
cies. Penalties: fine; imprisonment;
and forfeiture. XII. Challenges to
fight. Penalty: fine, imprisonment,
and sometimes forfeiture. XIII. Li-
bels. Penalty: fine, imprisonment,
and corporal punishment

CHAPTER XII.

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OF OFFENCES AGAINST PUBLIC TRADE

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CHAPTER XIII.

are, I. Irregularity, in time of the
plague, or of quarantine. Penalties:
whipping; udgment of felony, with
and withou clergy. II. Selling un
wholesome provisions. Penalties
amercement pillory; fine; imprison-
ment; abjuration of the town
2. Offences, against the public police
and economy, or domestic order of the
kingdom, are, 1. 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. Remain-
ing in England, by Egyptians; or
being in their fellowship one month.
Both these are felonies, without cler-
gy. V. Common nuisances: 1st, by
annoyances or purprestures in high-
ways, bridges, and rivers; 2ndly, by
offensive trades and manufactures;
3rdly, by disorderly houses; 4thlv. by
lotteries; 5thly, by cottages; 6thly,
by fireworks; 7thly, by evesdrop-
ping.-Penalty, in all: fine. 8thly,
by common scolding. Penalty: the
cucking stool. VI. Idleness, disor
der, vagrancy, and incorriginie rogue-
ry. Penalties: imprisonment; whip
ping; judgment of felony. VII. Lux
ry, in diet. Penalty discretionary.
VIII. Gaming. Penalties to gen-
tlemen, fines; to others, fine and im
prisonment; to cheating gamesters,

fine, infamy, and the corporal pains of

perjury. IX. Destroying the game.

Penalties: Snes; and corporal pu

nishment

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LF OFFENCES AGAINST THE PUBLIC
HEALTH, AND THE PUBLIC POLICE
OR ECONOMY

Offences against the pubic health,

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