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2. The will does not concur with the

act, I. Where there is a defect of unOF THE NATURE OF CRIMES, AND THEIR

derstanding. II. Where no will is exPUNISHMENT

1 to 12 erted. III. Where the act is con1. In treating of public wrongs may be strained by force and violence

21 considered, I. The general nature of 3. A vicious will may therefore be wantcrimes and punishments. II. The

ing, in the cases of, I. Infancy. II. persons capable of committing crimes. Idiocy, or lunacy. III. Drunkenness ; III. Their several degrees of guilt.

which doth not, however, excuse. IV. The several species of crimes,

IV. Misfortune. V. Ignorance, or and their respective punishments._V. mistake of fact. VI. Compulsion, or The means of prevention. VI. The necessity; which is, Ist, that of civil method of punishment

1 subjection ; 2ndly, that of duress per 2. A crime, or roisdemeanor, is an act minas ; 3rdly, that of choosing the least

committed, or omitted, in violation of pernicious of two evils, where one is a public law, either forbidding or com

unavoidable ; 4thly, that of want or manding it

4 hunger; which is no legitimate ex3. Crimes are distinguished from civil

22-32 injuries, in that they are a breach and 4. The king, from his excellence and violation of the public rights, due to dignity, is also incapable of doing the whole community, considered as a


33 community 4. Punishments may be considered with

CHAPTER III. regard to, I. The power, II. The end,

III. The measure-of their infliction. 7 OF PRINCIPALS AND ACCESSORIES 34 to 37 5. The power, or right, of inflicting hu. 1. The different degrees of guilt in cri.

man punishments, for natural crimes, minals are, I. As principals. II. As or such as are mala in se, was by the


31 law of nature vested in every indivi- 2. A principal in a crime is, I. He who dual ; but, by the fundamental contract commits the fact. II. He who is pre. of society, is now transferred to the sent at, aiding, and abetting, the comsovereign power: in which also is


34 vested, by the same contract, the right 3. An accessory is he who doth not com. of punishing positive offences, or such mit the fact, nor is present at the comas are mala prohibita

7 mission; but is in some sort concern6. The end of human punishments is to ed therein, either before or after 35

prevent future offences ; I. By amend. 4. Accessories can only be in petit ing the offender himself. II. By de

treason, and felony: in high treason, terring others through his example. and misdemeanors, all are principals 35 III. By depriving him of the power to 5. An accessory before the fact, is one do future mischief.

11 who, being absent when the crime is 7. The measure of human punishments committed, hath procured, counselled, must be determined by the wisdom of

or commanded another to commit it 36 the sovereign power, and not by any 6. An accessory after the fact, is where uniform universal rule: though that a person, knowing a felony to have wisdom may be regulated, and assist- been committed, receives, relieves, ed, by certain general, equitable, prin. comforts, or assists the selon. Such ciples

12 accessory is usually entitled to the be

Defit of clergy; where the principal,

and accessory before the fact, are ex.
cluded from it


20 to 33

CHAPTER IV. 1. All persons are capable of commit.

ting crimes, unless there be in them a OF OFFENCES AGAINST GOD AND REdefect of will; for, to constitute a


42 to 65 legal crime, there must be both a vi. 1. Crimes and misdemeanors, cogniza. cious will, and a vicious act

20 ble by the laws of England, are such

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Page as more immediately offend, I. God, and his holy religion. II. The law of nations. III. The king and his government. IV. The public, or commonwealth. v. Individuals

42 2. 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 (con. ditionally) by the toleration act. 3rdly, through popery, either in professors of the popish religion, popish recusants convict, or popish priests. Penalties : incapacity ; double taxes; imprison. ment; 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. Pe. nalties : fine ; imprisonment; house of correction

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Page culiarly offending the king and his government, are, I. High treason II. Felonies injurious to the prerogative. III. Præmunire. IV. Other inispri. sions and contempts

74 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 ; demonstrat.
ed by some overt act. III. By violat.
ing the king's companion, his eldest
daughter, or the wise 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 co-un.
terfeit money. VII. By killing the
chancellor, treasurer, or king's jus.

tices, in the execution of their offices 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 al.
legiance, and reconciliation to the
pope, or other foreign power. II. To
ihe coinage, or other signatures of the
king: as, counterfeiting (or, import.
ing 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 mo.
ney 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 4. The punishment of high treason, in

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 re-
lating to the coin, only to be drawn,
and hanged till dead. Females, in
both cases, are to be drawn and burned


94 to 102 1. Felony is that offence which occa

sions the total forfeiture of lands or
goods at common law: now usually
also punishable with death, by hang.
ing; unless through the benefit of

2. Felonies injurious to the king's prero-
gative (of which some

are within,
others without, clergy) are, I. Such
as relate to the coin: as, the wilful
uttering of counterfeit money, &c. :
(to which hoad some inferior misde.


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 in. dependent stales

66 2. In England, the law of nations is

adopted, in its full extent, as part of the law of the land

67 3. Offences against this law are prin.

cipally incident to whole states or nations ; but, when committed by private subjects, are then the objects of the municipal law

67 4. Crimes against the law of nations, animadverted on by the laws of Eng.

nd, 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



74 to 92 1. Crimes, and misdemeanors, more pe.

degree of capital

2. These are, I. Negative, in conceal.

ing what ought to be revealed. II.

Positive, in committing what ought

not to be done


3. Negative misprisions are, 1. Mispri.

sion of treason. Penalty : forfeiture

and imprisonment. II, Misprision of

felony. Penalty : fine and imprison-

ment. III. Concealment of treasure

trove. Penally : fine and imprison.



4. Positive misprisions, or high misde-

meanors and contempts, are, I. Mal.

administration of public trusts, which

includes the crime of peculation.



127 to 141

1. Crimes especially affecting the com-

monwealth, are offences, I. Against

the public justice. II. Against the

public peace. III. Against the public

trade. IV. Against the public health.

V. Against the public police, or eco-



2. Offences, against the public justice,

I. Embezzling, or vacating re.

cords, and personating others in courts

of justice. Penalty . judgment of fe.

lony, usually without clergy. II.

Compelling prisoners to become ap-

prover3. 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 bis

stolen goods. Penalty : the same as

for the theft. IX. Receiving stolen

goods. Penalties : transportation ;

fine; and imprisonment. X. Thest-

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: five, 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 : impri.


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sonment, fine, and sometimes forfeit. are, I. Irregularity, in time of the
ure of the office

128-141 plague, or of quarantine. Penalties :

whipping ; judgment of felony, with

and without clergy. II. Selling un-

wholesome provisions.


142 to 153 amercement; pillory ; fine ; imprison.

1. Offences, against the public peace, ment; abjuration of the town 161-2

are, I. Riotous assemblies to the 2. Offences, against the public police

number of twelve.
II. Appearing

and economy, or domestic order of the

armed, or hunting, in disguise. III.

kingdom, are, 1. Those relating to

Threatening, or demanding any valu. clandestine and irregular marriages.

able thing, by ietter.– All these are

Penalties : judgment of felony, with

felonies, without clergy. IV. De-

and without clergy. II. Bigamy, or

stroying of turnpikes, &c. Penalties : (more properly) polygamy. Penalty :

whipping; imprisonment; judgment judgment of selony. In. Wandering,

of felony, with and without clergy. by soldiers or mariners. IV. Remain.

V. Affrays. VI. Riots, routs, and un-

ing in England, by Egyptians; or

lawsul assemblies. VII. Tumultuous

being in their fellowship one month.

petitioning. VIII. Forcible entry and

Both these are felonies, without cler.

detainer.--Penalty, in all four: fine,

gy. V. Common nuisances : Ist, by

and imprisonment. IX. Going unu. annoyances or purprestures in high-

sually armed. Penalty : forfeiture of ways, bridges, and rivers ; 2ndly, by

arms, and imprisonment. X. Spread, offensive trades and manufactures ;

ing false news. Penalty : fine, and

3rdly, by disorderly houses ; 4thly, by

imprisonment. XI. Pretended prophe- loiteries ; 5thly, by cottages ; 6thly,

cies. Penalties : fine; imprisonment; by fireworks ; 7thly, by evesdrop-

and forfeiture. XII. Challenges to ping.----Penalty, in all: fine. 8thly,

fight. Penalty : fine, imprisonment, by common scolding. Penalty : the

and sometimes forfeiture. XIII, Li.

cucking stool. VI. Idleness, disor-

bels. Penalty : fine, imprisonment, der, vagrancy, and incorrigible rogue-

and corporal punishmen:

142-153 ry. Penaliies : imprisonment; whip-

ping; judgment of felony. VII. Luxu.


ry, in diet. Penalty : discretionary.

VIII. Gaming. Penalties: to gen-

OF OFFENCES AGAINST PUBLIC TRADE tlemen, fines ; to others, fine and im

154 to 160 prisonment; to cheating gamesters,

1. Offences, against the public trade, fine, insamy, and the corporal pains of

are, 1. Owling. Penalties: fines; perjury. IX. Destroying the game.
forfeiture ; imprisonment; loss of left Penalties: fines; and corporal pu.

hand; transportation ; judgment of



felony. II. Smuggling. Penalties :

fines; loss of goods; judgment of


felony, without clergy. III. Fraudu.

lent bankruptcy. Penalty : judgment OF Homicide

176 to 203

of felony, without clergy. IV. Usury. 1. Crimes, especially affecting indivi-

Penalty : fine, and imprisonment. V. duals, are, I. Against their persons. II.

Cheating. Penalties : fine; imprison-

Against their habitations. III. Against

pillory; tumbrel ; whipping,
their property


or other corporal punishment; trans. 2. Crimes against the person of indi.

portation. VI. Forestalling. VII. viduals, are, I. By homicide, or de.

Regrating. VIII. Engrossing. Pe. stroying life. II. By other corporal

naliies, for all threc: loss of goods ; injuries


fine ; imprisonment; pillory. IX. Mo. 3. Homicide is, I. Justifiable. II. Ex.

nopolies, and combinations to raise

cusable. III. Felonious


the price of commodities. Penalties ; 4. Homicide is justifiable, I. By ne-

fines; imprisonment; pillory ; loss of cessity, and command of law. IÍ. By

ear; infamy; and, sometimes, the permission of law: Ist, for the fur.

pains of præmunire. X. Exercising iherance of public justice ; 2ndly, for

a trade, not having served as appren- prevention of some forcible felony 178

lice. Penalty: fine. XI. Trans. 5. Homicide is excusable, I. Per in.

porting, or residing abroad, of artifi. fortunium, or by mis-adventure. II.

cers. Penalties : fine ; imprisonment; Se defendendo, or self-defence, by

forfeiture; incapacity ; becoming chance-medley. Penalty, in both;


154-160 forfeiture of goods : which however

is pardoned of course



6. Felonious homicide is the killing of

a human creature, without justifica-


tion or excuse. This is, I. Killing


one's self. II. Killing another


161 to 175 7. Killing one's self, or self-murder, is

1. Offences, against the public health, where one deliberately, or by any un-

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