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1. The general nature of crimes, and punishment
II. The persons capable of committing crimes : : : :
III. Their several degrees of guilt; as
IV. The several crimes (wiih their prnishments) more peculiarly offending
3. The king and goverment; viz.
2. Felonies injurious to the prerogative
4. The commonwealth ; viz. offences against
(5. Individuals ; being crimes against
2. Their habitations
V. The means of prevention ; by security for
VI. The method of punishment; wherein of
Sl. The several courts of criminal jurisdiction
5. Arraignment, and its incidents
9. Judgment, and attainder ; which induce
1. Falsifying, or reversing, the attainder
BOOK IV*-OF PUBLIC WRONGS.
Page CHAPTER I.
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.
37 OF THE PERSONS CAPABLE OF COMMITTING CRIMES
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
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
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,
tices, in the execution of their offices 76-87 3. High treasons, created by subsequent
statutes, are such as relate, I. To
87-92 4. The punishment of high treason, in
males, is (generally) to be, I. Drawn.
94 to 102 1. Felony is that offence which occa
sions the total forfeiture of lands or
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
CHAPTER VI. Or High TREASON
74 to 92 1. Crimes, and misdemeanors, more pe.
meanors affecting the coinage may be
also referred). II. 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 kirg's armies,
Usual penalties : banishment; fines;
imprisonment; disability. II. Con
tempts against the kiny's prerogative.
Penalty : fine and imprisonment. III.
Contempts against his person, and
sonment, and infamous corporal pu-
nishment. IV. Contempts against his
title. Penalties : fine and imprison-
ment; or, fine and disability. V.
Contempts against his palaces, or
courts of justice. Penalties : fine;
imprisonment; corporal punishment;
1. Præmunire, in its original sense, is
the offence of adhering to the tempo-
ral power of the pope, in derogation
of the regal authority. Penalty : out-
lawry, forfeiture, and imprisonment :
which hath since been extended to
some offences of a different nature 103
2. Among these are, I. Importing po-
pish trinketz. II. Contributing to the
maintenance of popish seminaries
abroad, or popish priests in England.
III. Molesting the possessors or ab.
by lands. IV. Acting as broker in
an usurious contract, for more than
of proceedings in suits for monopolies.
VI. Obtaining an exclusive patent for
gunpowder or arms. VII. Exertion
of parveyance or pre-emption. VIII.
Asserting a legislative authority in
both or either house of Parliament.
IX. Sending any subject a prisoner
beyond sea. X. Refusing the oaths
of allegiance and supremacy. XI.
speaking, in desence of the right of
any pretender to the crown, or in de-
rogation of the power of Parliament
to limit the succession. XII. Treat-
ing of other matters, by the assembly
of peers of Scotland, convened for
electing their representatives in Par-
liament. XIII. Unwarrantable un.
dertakings by unlawful subscriptions
to public funds
OF MISPRISIONS AND CONTEMPTS, AF.
1. Misprisions and contempts are all
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.
OF OFFENCES AGAINST PUBLIC Jus.
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-
sonment, fine, and sometimes forfeit. are, I. Irregularity, in time of the
128-141 plague, or of quarantine. Penalties :
whipping ; judgment of felony, with
and without clergy. II. Selling un-
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.
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-
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.
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
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,
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
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
6. Felonious homicide is the killing of
a human creature, without justifica-
OF OFFENCES AGAINST THE PUBLIC
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-