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4. Accessories can only be in petit treason and felony; in high treason and misdemeanors, all are principals
Page 35 5. An accessory before the fact is one who, being absent when the crime is committed, hath procured, counseled, 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 excluded from it
OF OFFENSES AGAINST GOD AND RELIGION.
1. Crimes and misdemeanors, cognizable by the laws of England, are such 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
2. Crimes more immediately offending God and religion are, I. Apostasy. For which the penalty is incapacity and imprisonment. II. Heresy. Penalty for one species thereof, the same. III. Offenses 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. 2dly, through Protestant dissenting. Penalty: suspended (conditionally) by the Toleration Act. 3dly, 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 corporeal punishment. V. Profane swearing and cursing. Penalty: fine, or House of Correction. VI. Witchcraft; or, at least, the pretense thereto. Penalty: imprisonment and pillory. VII. Religious impostures. Penalty: fine, imprisonment, and corporeal punishment. VIII. Simony. Penalties: forfeiture of double value; incapacity. IX. Sabbath-breaking. Penalty: fine. X. Drunkenness. Penalty: fine, or stocks. XI. Lewdness. Penalties: fine; imprisonment; House of Correc43-65
OF OFFENSES AGAINST THE LAW OF NATIONS.
1. 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 66 2. In England, the law of nations is adopted, in its full extent, as part of the law of the land
3. Offenses 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 67
4. Crimes against the law of nations, animadverted on by the laws of England, are, I. Violation of safe-conducts. II. Infringement of the rights of embassadors. Penalty, in both, arbitrary. III. Piracy. Penalty: judgment of felony, without clergy 68-73
OF HIGH TREASON.
1. Crimes and misdemeanors more peculiarly offending the king and his government are, I. High treason. II. Felonies injurious to the prerogative. III. Præmu nire. IV. Other misprisions and contempts
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. II. 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 adhering 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
3. High treasons, created by subsequent statutes, are such as relate, I. To papists: as, the repeated defense 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. III. To the Protestant succession; as, corresponding with, or remitting money to, the late Pretender's sons; endeavoring to impede the succession; writing or printing in defense 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 Page 87-92 4. The punishment of high treason, in males, is (generally) to be, I. Drawn. II. Hanged. III. Emboweled alive. IV. Beheaded. V. Quartered. VI. The head and quarters to be at the king's disposal. But, in treasons relating to the coin, only to be drawn, and hanged till dead. Females, in both cases, are to be drawn and burned alive
OF FELONIES INJURIOUS TO THE KING'S PREROGATIVE.
1. Felony is that offense which occasions the total forfeiture of lands or goods at common law now usually also punishable with death, by hanging; unless through the benefit of clergy
2. Felonies injurious to the king's prerogative (of which some are within, others without clergy) are, I. Such as relate to the coin; as, the willful uttering of counterfeit money, &c. (to which head some inferior misdemeanors affecting the coinage may be also referred). II. Conspiring or attempting to kill a privy-counselor. III. Serving foreign states, or enlisting soldiers for foreign service. IV. Embezzling the king's armor or stores. V. Desertion from the king's armies, by land or sea 98-102
1. Præmunire, in its original sense, is the offense of adhering to the temporal power of the pope, in derogation of the regal authority. Penalty: outlawry, forfeiture, and imprisonment; which hath since been extended to some offenses of a different na
2. Among these are, I. Importing popish trinkets. II. Contributing to the maintenance of popish seminaries abroad, or popish priests in England. III. Molesting the possessors of abbey lands. IV. Acting as broker in a usurious contract for more than ten per cent. V. Obtaining any stay of proceedings in suits for monopolies. VI. Obtaining an exclusive patent for gunpowder or arms. VII. Exertion of purveyance 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. Preaching, teaching, or advised speaking, in defense of the right of any pretender to the crown, or in derogation of the power of Parliament to limit the succession. XII. Treating of other matters, by the assembly of peers of Scotland, convened for electing their representatives in Parliament. XIII. Unwarrantable undertakings by unlawful subscriptions to public funds
OF MISPRISIONS AND CONTEMPTS, AFFECTING THE KING AND GOVERNMENT.
1. Misprisions and contempts are all such high offenses as are under the degree of capital
2. These are, I. Negative, in concealing what ought to be revealed. II. Positive, in committing what ought not to be done
3. Negative misprisions are, I. Misprision of treason. Penalty: forfeiture and imprisonment. II. Misprision of felony. Penalty: fine and imprisonment. III. Concealment of treasure-trove. Penalty: fine and imprisonment 120, 121
4. Positive misprisions, or high misdemeanors and contempts, are, I. Maladministration of public trusts, which includes the crime of peculation. Usual penalties: banishment; fines; imprisonment; disability. II. Contempts against the king's prerogative. Penalty: fine and imprisonment. III. Contempts against his person and government. Penalty: fine, imprisonment, and infamous corporeal punishment. IV. Contempts against his title. Penalties: fine and imprisonment; or, fine and disabil ity. V. Contempts against his palaces, or courts of justice. Penalties: fine; imprisonment; corporeal punishment; loss of right hand; forfeiture
OF OFFENSES AGAINST PUBLIC JUSTICE.
1. Crines especially affecting the commonwealth are offenses, 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 economy Page 127 2. Offenses against the public justice are, I. Embezzling or vacating records, and personating others in courts of justice. Penalty: judgment of felony, usually without clergy. II. Compelling prisoners to become approvers. Penalty: judgment of fel ony. 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. Common barratry, and suing in a feigned name. XII. Maintenance. XIII. Champerty. Penalty, in these four, fine and imprisonment. XIV. Compounding prosecutions on penal statutes. Penalty: fine; pillory; and disability. XV. Conspiracy; and threats of accusation in order to extort money, &c. Penalties: the villenous judgment; fine; imprisonment; pillory; whipping; transportation. XVI. Perjury, and subornation thereof. Penalties: infamy; imprisonment; fine, or pillory; and sometimes transportation or 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 forfeiture of the office. XXI. Oppression by magistrates. XXII. Extortion of officers. Penalty, in both, imprisonment, fine, and sometimes forfeiture of the of fice.
OF OFFENSES AGAINST THE PUBLIC PEACE.
1. Offenses against the public peace are, I. Riotous assemblies, to the number of twelve. II. Appearing armed, or hunting in disguise. III. Threatening, or demanding any valuable thing by letter. All these are felonies, without clergy. IV. Destroying of turnpikes, &c. Penalties: whipping; imprisonment; judgment of felony, with and without clergy. V. Affrays. VI. Riots, routs, and unlawful assemblies. VII. Tumultuous petitioning. VIII. Forcible entry and detainer. Penalty, in all four, fine and imprisonment. IX. Going unusually armed. Penalty: forfeiture of arms, and imprisonment. X. Spreading false news. Penalty: fine and imprisonment. XI. Pretended prophecies. Penalties: fine; imprisonment; and forfeiture. XII. Challenges to fight. Penalty: fine; imprisonment; and sometimes forfeiture. XIII. Libels. Penalty: fine; imprisonment; and corporeal punishment 142-153
OF OFFENSES AGAINST PUBLIC TRADE.
1. Offenses against the public trade are, I. Owling. Penalties: fines; forfeiture; imprisonment; loss of left hand; transportation; judgment of felony. II. Smuggling. Penalties: fines; loss of goods; judgment of felony, without clergy. III. Fraudulent bankruptcy. Penalty: judgment of felony, without clergy. IV. Usury. Penalty: fine, and imprisonment. V. Cheating. Penalties: fine; imprisonment; pillory; tumbrel; whipping, or other corporeal punishment; transportation. VI. Forestalling. VII. Regrating. VIII. Engrossing. Penalties, for all three, loss of goods; fine; imprisonment; pillory. IX. Monopolies, and combinations to raise the price of commodities. Penalties: fines; imprisonment; pillory; loss of ear; infamy; and sometimes the pains of præmunire. X. Exercising a trade, not having served as apprentice. Penalty: fine. XI. Transporting, or residing abroad, of artificers. Penalties: fine; imprisonment; forfeiture; incapacity; becoming aliens.
OF OFFENSES AGAINST THE PUBLIC HEALTH, AND THE PUBLIC POLICE OR ECONOMY.
1. Offenses against the public health are, I. Irregularity in time of the plague or of quarantine. Penalties: whipping; judgment of felony, with and without clergy.
II. Selling unwholesome provisions. Penalties: amercement; pillory; fine; imprisonment; abjuration of the town Page 161, 162
2. Offenses against the public police and economy, or domestic order of the kingdom, are, I. Those relating to clandestine and irregular marriages. Penalties: judg ment of felony, with and without clergy. II. Bigamy, or (more properly) polygamy. Penalty judgment of felony. III. Wandering, by soldiers or mariners. IV. Remaining in England, by Egyptians; or being in their fellowship one month. Both these are felonies without clergy. V. Common nuisances: 1st, by annoyances or purprestures in highways, bridges, and rivers; 2dly, by offensive trades and manufactures; 3dly, by disorderly houses; 4thly, by lotteries; 5thly, by cottages; 6thly, by fire-works; 7thly, by eaves-dropping. Penalty, in all, fine. 8thly, by common scolding. Penalty: the cucking-stool. VI. Idleness, disorder, vagrancy, and incorrigible roguery. Penalties: imprisonment; whipping; judgment of felony. VII. Luxury in diet. Penalty: discretionary. VIII. Gaming. Penalties: to gentlemen, fines; to others, fine and imprisonment; to cheating gamesters, fine, infamy, and the corporeal pains of perjury. IX. Destroying the game. Penalties: fines; and corporeal punishment 162-175
1. Crimes especially affecting individuals are, I. Against their persons. II. Against their habitations. III. Against their property
2. Crimes against the persons of individuals i. are, By homicide, or or destroying life.
II. By other corporeal injuries
3. Homicide is, I. Justifiable. II. Excusable. III. Felonious
4. Homicide is justifiable, I. By necessity, and command of law. II. By permission of law: 1st, for the furtherance of public justice; 2dly, for prevention of some forcible felony
5. Homicide is excusable, I. Per infortunium, or by misadventure. II. Se defendendo, or in self-defense, by chance-medley. Penalty, in both, forfeiture of goods; which, however, is pardoned, of course 182
6. Felonious homicide is the killing of a human creature without justification or excuse. This is, I. Killing one's self. II. Killing another 188
7. Killing one's self, or self-murder, is where one deliberately, or by any unlawful, malicious act, puts an end to his own life. This is felony; punished by ignominious burial, and forfeiture of goods and chattels
8. Killing another is, I. Manslaughter. II. Murder
9. Manslaughter is the unlawful killing of another, without malice, express or implied. This is either, I. Voluntary, upon a sudden heat. II. Involuntary, in the commissson of some unlawful act. Both are felony, but within clergy, except in the case of stabbing
10. Murder is when a person of sound memory and discretion unlawfully killeth any reasonable creature in being, and under the king's peace, with malice aforethought, either express or implied. This is felony without clergy; punished with speedy death, and hanging in chains, or dissection.
11. Petit treason (being an aggravated degree of murder) is where the servant kills his master, the wife her husband, or the ecclesiastic his superior. to be drawn, and hanged; in women, to be drawn, and burned
Penalty, in men,
OF OFFENSES AGAINST THE PERSONS OF INDIVIDUALS.
1. Crimes affecting the persons of individuals, by other corporeal injuries not amounting to homicide, are, I. Mayhem; and also shooting at another. Penalties: fine; imprisonment; judgment of felony, without clergy. II. Forcible abduction, and marriage, or defilement of an heiress; which is felony also stealing, and deflowering or marrying, any woman-child under the age of sixteen years; for which the penalty is imprisonment, fine, and temporary forfeiture of her lands. III. Rape; and also carnal knowledge of a woman-child under the age of ten years. IV. Sodomy, with man or beast. Both these are felonies without clergy. V. Assault. VI. Battery, especially of clergymen. VII. Wounding. Penalties, in all three, fine; imprisonment; and other corporeal punishment. VIII. False imprisonment. Pen alties: fine; imprisonment; and (in some atrocious cases) the pains of pramunire, and incapacity of office or pardon. IX. Kidnapping, or forcibly stealing away the king's subjects. Penalty: fine; imprisonment; and pillory.
OF OFFENSES AGAINST THE HABITATIONS OF INDIVIDUALS.
1 Crimes affecting the habitations of individuals are, I. Arson. II. Burglary Page 220 2. Arson is the malicious and willful burning of the house, or out-house, of another This is felony; in some cases within, in others without clergy 220
3. Burglary is the breaking and entering by night into a mansion-house with intent to commit a felony. This is felony without clergy
OF OFFENSES AGAINST PRIVATE PROPERTY.
1. Crimes affecting the private property of individuals are, I. Larceny. II Malicious mischief. III. Forgery
2. Larceny is, I. Simple. II. Mixed or compound
3. Simple larceny is the felonious taking and carrying away of the personal goods of another. And it is, I. Grand larceny, being above the value of twelve pence. Which is felony; in some cases within, in others without clergy. II. Petit larceny, to the value of twelve pence or under. Which is also felony, but not capital; being punished with whipping or transportation
4. Mixed or compound larceny is that wherein the taking is accompanied with the aggravation of being, I. From the house. II. From the person
5. Larcenies from the house, by day or night, are felonies without clergy, when they are, I. Larcenies above twelve pence, from a church; or by breaking a tent or booth in a market or fair by day or night, the owner or his family being therein; or by breaking a dwelling-house by day, any person being therein; or from a dwelling house by day, without breaking, any person therein being put in fear; or from a dwelling-house by night, without breaking, the owner or his family being therein, and put in fear. II. Larcenies of five shillings, by breaking the dwelling-house, shop, or ware-house by day, though no person be therein; or, by privately stealing in any shop, ware-house, coach-house, or stable, by day or night, without breaking, and though no person be therein. III. Larcenies of forty shillings, from a dwelling-house or its out-houses, without breaking, and though no person be therein
6. Larceny from the person is, I. By privately stealing from the person of another above the value of twelve pence. II. By robbery; or the felonious and forcible taking from the person of another goods or money of any value, by putting him in fear. These are both felonies without clergy. An attempt to rob is also felony
241 7. Malicious mischief, by destroying dikes, goods, cattle, ships, garments, fish-ponds, trees, woods, churches, chapels, meeting-houses, houses, out-houses, corn, hay, straw, sea or river banks, hop-binds, coal-mines (or engines thereunto belonging), or any fences for inclosures by act of Parliament, is felony, and, in most cases, without benefit of clergy
8. Forgery is the fraudulent making or alteration of a writing in prejudice of another's right. Penalties: fine; imprisonment; pillory; loss of nose and ear; forfeiture; judgment of felony, without clergy
OF THE MEANS OF PREVENTING OFFENSES.
1. Crimes and misdemeanors may be prevented by compelling suspected persons to give security which is effected by binding them in a conditional recognizance to the king, taken in court, or by a magistrate out of court.
2. These recognizances may be conditioned, I. To keep the peace. II. To be of the good behavior
3. They may be taken by any justice or conservator of the peace, at his own discretion; or at the request of such as are entitled to demand the same
4. All persons who have given sufficient cause to apprehend an intended breach of the peace may be bound over to keep the peace; and all those that be not of good fame may be bound to the good behavior; and may, upon refusal, in either case, be committed to jail