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I. Owling. Penalties: fines; forfeitures; imprisonment; loss of left hand; transportation; judgment of felony. II. Smuggling. Penalties: fines; loss of goods; judgment of felony, without clergy. III. Fraudulent bankruptcy. nalty: judgment of felony, without clergy. IV. Usury. Penalty: fine and imprisonment. V. Cheating. Penalties: fine; imprisonment; pillory; tumbrel; whipping, or other corporal punishment; transportation. VI. Forestalling. VII. Regrating. VIII. Engrossing.
ties, for all three: loss of goods; fine;
OF OFFENCES AGAINST THE PUBLIC HEALTH,
ECONOMY .161 to 175 1. Offences 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 .........161-162
2. Offences against the public police and economy, or domestic order of the kingdom, are, I. 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. 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 fireworks; 7thly, by eavesdropping. 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 corporal pains of perjury. IX. Destroying the game. Penalties: fines; and corporal punishment...... ...162-175
are, I. Against their persons. II. Against their habitations. III. Against their property.......
2. Crimes against the persons of individuals are, I. By homicide, or destroying life. II. By other corporal 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 self-defence, by chance-medley. Penalty, in both: forfeiture of goods; which however is pardoned of course.
6. Felonious homicide is the killing of a human creature without justification or excuse. This is, I. Killing one's self. II. Killing another........
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..............
.......... 189 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 commission 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. Penalty: in men, to be drawn and hanged; in women, to be drawn and burned............ 203 CHAPTER XV.
OF OFFENCES AGAINST THE PERSONS OF INDIVIDUALS ..........205 to 219 1. Crimes affecting the persons of individuals, by other corporal 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. Buggery, with man or beast. Both these are felonies, without clergy. V.
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 twelvepence. Which is felony; in some cases within, in others without, clergy. II. Petit larceny; to the value of twelvepence 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 twelvepence, 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 warehouse, by day, though no person be therein; or by privately stealing in any shop, warehouse, coach-house, or stable, by day or night, without breaking, and though no person be therein. Larcenies, of forty shillings, from a VOL. II-B
dwelling-house or its out-houses, without breaking, and though no person be therein
6. Larceny from the person is, I. By pr vately stealing from the person of another, above the value of twelvepence. 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.
7. Malicious mischief, by destroying dikes, goods, cattle, ships, garments, fishponds, 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 enclosures by act of parliament, is felony, and, in most cases, without benefit of clergy..
243 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 ears; forfeiture; judgment of felony, without clergy..
OF THE MEANS OF PREVENTING OFFENCES... 251 to 256 1. Crimes and misdemeanours 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 behaviour...
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 behaviour; and may, upon refusal in either case, be committed to gaol........... 256
OF COURTS OF A CRIMINAL JURISDICTION... 258 to 277
1. In the method of punishment may be considered, I. The several courts of criminal jurisdiction. II. The several proceedings therein........
2. The criminal courts are, I. Those of a public and general jurisdiction throughout the realm. II. Those of a private and special jurisdiction.........
3. Public criminal courts are, I. The high court of parliament; which proceeds by impeachment. II. The court of the lord high steward; and the court of the king in full parliament: for the trial of capitally-indicted peers. III. The court
of King's Bench. IV. The court of chivalry. V. The court of admiralty, under the king's commission. VI. The courts of oyer and terminer and general gaoldelivery. VII. The court of quartersessions of the peace. VIII. The sheriff's tourn. IX. The court-leet. X. The court of the coroner. XI. The court of the clerk of the market......... Page 258-275 4. Private criminal courts are, I. The court
of the lord steward, &c. by statute of Henry VII. II. The court of the lord steward, &c. by statute of Henry VIII. III. The university courts.
son-breakers, when committed for felony. V. Outlaws. VI. Those who have abjured the realm. VII. Approvers, and appellees. VIII. Persons taken with the mainour. IX. Persons accused of arson X. Excommunicated persons........... Page 298 4. The magistrate may, at his discretion, admit or not admit to bail persons not of good fame, charged with other felonies, whether as principals or as accessories.....
5. If they be of good fame, he is bound to admit them to bail....
6. The court of King's Bench, or its judges in time of vacation, may bail in any case whatsoever..........
280 to 288
OF SUMMARY CONVICTIONS 1. Proceedings in criminal courts are, I. Summary. II. Regular......
2. Summary proceedings are such, whereby a man may be convicted of divers offences, without any formal process or jury, at the discretion of the judge or judges appointed by act of parliament, or common law.
3. Such are, I. Trials of offences and frauds against the laws of excise and other branches of the king's revenue. II. Convictions before justices of the peace upon a variety of minute offences, chiefly against the public police. III. Attachments for contempts to the superior courts of justice........
..289 to 295
courts of II. Com
Regular proceedings in the common law, are, I. Arrest. mitment and bail. III. Prosecution. IV. Process. V. Arraignment, and its incidents. VI. Plea and issue. VII. Tria! and conviction. VIII. Clergy. IX. Judgment, and its consequences. X. Reversal of judgment. XI. Reprieve, or pardon. XII. Execution.... 2. An arrest is the apprehending, or restraining, of one's person, in order to be forthcoming to answer a crime whereof one is accused or suspected............... 289 3. This may be done, I. By warrant. II. By an officer, without warrant. III. By a private person, without warrant. IV. By hue and cry...
OF THE SEVERAL MODES OF PROSECUTION....
301 to 312
1. Prosecution, or the manner of accusing offenders, is either by a previous finding of a grand jury, as, I. By presentment. II. By indictment. Or, without such finding, III. By information. IV. By appeal.........
2. A presentment is the notice taken by a grand jury of any offence, from their own knowledge or observation.....
3. An indictment is a written accusation of one or more persons of a crime or misdemeanour, preferred to, and presented on oath by, a grand jury; expressing, with sufficient certainty, the person, time, place, and offence...
302 4. An information is, I. At the suit of the king and a subject, upon penal statutes. II. At the suit of the king only. Either, 1. Filed by the attorney-general ex officio, for such misdemeanours as affect the king's person or government; or, 2. Filed by the master of the crown-office (with leave of the court of King's Bench) at the relation of some private subject, for other gross and notorious misdemeanours. All differing from indictments in this: that they are exhibited by the informer, or the king's officer, and not on the oath of a grand jury. ...307-$12
5. An appeal is an accusation, or suit, brought by one private subject against another, for larceny, rape, mayhem, arson, or homicide: which the king cannot discharge or pardon, but the party alone can release..
.........342 to 363
OF TRIAL, AND CONVICTION 1. Trials of offences, by the laws of England, were and are, I. By ordeal, of either fire or water. II. By the corsned. Both these have been long abolished. III. By battel, in appeals and approvements. IV. By the peers of Great Britain. V. By jury. ..........342-349 2. The method and process of trial by jury is, I. The impanelling of the jury. II. Challenges: 1st, for cause; 2dly, peremptory. III. Tales de circumstantibus. IV. The oath of the jury. V. The evidence. VI. The verdict, either general or special...
3. Conviction is when the prisoner pleads, or is found, guilty: whereupon, in felonies, the prosecutor is entitled to, I. His expenses. II. Restitution of his ........361-363
4. Forfeiture to the king is, I. Of real estates, upon attainder:-in high-treason, absolutely, till the death of the late pretender's sons;-in felonies, for the king's year, day, and waste;-in misprision of treason, assaults on a judge, or battery sitting the courts; during the life of the offender. II. Of personal estates, upon conviction; in all treason, misprision of treason, felony, excusable homicide, petit larceny, standing mute upon arraignment, the above-named contempts of the king's courts, and flight.........381-388 5. Corruption of blood is an utter extinction of all inheritable quality therein: so that, after the king's forfeiture is first satisfied, the criminal's lands escheat to the lord of the fee; and he can never afterwards inherit, be inherited, or have any inheritance derived through him.......... 388-389
2. Attainders may be falsified, or reversed, I. Without a writ of error; for matter dehors the record. II. By writ of error; for mistakes in the judgment, or record. III. By act of parliament; for fa...390--392
3. When an outlawry is reversed, the party is restored to the same plight as if he had appeared upon the capias. When a judgment on conviction is reversed, the party stands as if never accused..........
OF REPRIEVE AND PARDON........ ..394 to 398 1. A reprieve is a temporary suspension of the judgment, I. Ex arbitrio judicis. II. Ex necessitate legis; for pregnancy,
insanity, or the trial of identity of person, which must always be tried in......... Page 394-396 2. A pardon is a permanent avoider of the judgment by the king's majesty in offences against his crown and dignity; drawn in due form of law, allowed in open court, and thereby making the offender a new man........ 3 The king cannot pardon, I. Imprisonment of the subject beyond the seas. II. Offences prosecuted by appeal. III. Common nuisances. IV. Offences against popular or penal statutes, after information brought by a subject. Nor is his pardon pleadable to