or against corporations, a distringas,
No 1. proceedings on a writ of right patent.
2. proceedings in an action of trespass in ejectment by original in the king's bench. 3. proceedings in an action of debt in the court of common pleas removed into the king's bench on writ of error.
punishments unreasonably severe are to be avoided,.
the certainty rather than the severity of punishments deters, they should be graduated to the offence,....
2. where there is understanding and will, but not called forth at the time, as in case of offences by chance or ignorance,..
3. where the act is constrained by outward force or violence,.
but for breaches of the peace, &c., he is responsible at 14,. under 7 one cannot be guilty of felony...
between 7 and 14 he is presumed incapable, but evidence of malice may be given,....
who, however, is not excused in murder, manslaughter or treason, nor in case of keeping a brothel,.
nor where she offends alone,....
also the necessity of choosing between two evils, as in case of homicide by an officer in some cases where his authority is resisted,.. want of food, &c., not a legal excuse,.....
7. in case of the king, who is legally incapable of committing a crime,
persons are guilty of crimes either as principals or accessories,...
2. an accessory before the fact is one who, being absent at the time of the crime committed, doth yet procure, counsel or command it to be done,.. 36
3. an accessory after the fact is one who, knowing a felony to have been com-
mitted, receives, relieves, comforts, or assists the felon,.....
but the felony must be complete at the time of assistance given,.
the wife is excused for concealing her husband,..
4. accessories formerly liable to the same punishment as principals,.
and could not be tried till principal convicted.....
but changes in these particulars are made by statutes,
4. blasphemy, or denial of the being or providence of the Almighty, or con-
11. open and notorious lewdness or indecency,
including the having of bastard children,
1. compassing or imagining the death of the king or queen consort, or their
eldest son and heir,...
by king is meant the king in possession,..
the compassing, &c., must be evidenced by an overt act,...
mere words not treasonable,.....
2. violating the king's companion, or eldest daughter unmarried, or wife of
king's eldest son and heir,.
3. levying war against the king in his realm,.
4. adhering to the king's enemies,.
5. counterfeiting the king's great or privy seal,.
subsequent statutory treasons relating to papists, coining, and the protestant
succession,..
punishment of treason in case of males formerly, to be drawn, hanged, em-
bowelled alive, beheaded, quartered; the head and quarters to be at
the king's disposal,...
now modified so that the hanging be until death,.. of females, formerly to be burned, now to be hanged,..
4. contempts against the king's title, as, by heedlessly denying his right,
or refusing to take the oaths for securing the government,
5. contempts against his palaces or courts of justice, as, by assaults therein,
threats to a judge, obstructing the administration of justice, &c., 124-126
OF OFFENCES AGAINST PUBLIC JUSTICE,........ crimes specially affecting the commonwealth are: 1. against public justice; 2. against public peace; 3. against public trade; 4. against public health; 5. against public peace and economy,.
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