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142 to 153

OF OFFENCES AGAINST THE PUBLIC
PEACE
1. Offences, 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 valu-
able thing, by letter.-All these are
felonies, without clergy. IV. De-
stroying of turnpikes, &c. Penalties:
whipping; imprisonment; judgment
of felony, with and without clergy.
V. Affrays. VI. Riots, routs, and un-
lawful assemblies. VII. Tumultuous
petitioning. VIII. Forcible entry and
detainer.-Penalty, in all four: fine,
and imprisonment. IX. Going unu
sually armed. Penalty: forfeiture of
arms, and imprisonment. X. Spread-
ing false news. Penalty: fine, and
imprisonment. XI. Pretended prophe-
cies. Penalties: fine; imprisonment;
and forfeiture. XII. Challenges to
fight. Penalty: fine, imprisonment,
and sometimes forfeiture. XIII. Li-
bels. Penalty: fine, imprisonment,
and corporal punishment

CHAPTER XII.

142-153

OF OFFENCES AGAINST PUBLIC TRADE

154 to 160

VII.

1. Offences, 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 corporal punishment; transportation. VI. Forestalling. Regrating. VIII. Engrossing. nalties, 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 pramunire. 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

CHAPTER XIII.

Pe

154-160

OF OFFENCES AGAINST THE PUBLIC
HEALTH, AND THE PUBLIC POLICE
OR ECONOMY

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 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; 2ndly, by offensive trades and manufactures; 3rdly, by disorderly houses; 4thly, by lotteries; 5thly, by cottages; 6thly, by fireworks; 7thly, by evesdropping.-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 im prisonment; to cheating gamesters, fine, infamy, and the corporal pains of perjury. X. Destroying the game. Penalties: fines; and corporal pu 'nishment

CHAPTER XIV.

Page

161-2

162-175

176 to 203

OF HOMICIDE
1. Crimes, especially affecting indivi-
duals, are, I. Against their pe sons. II.
Against their habitations. II, Against
their property

2. Crimes against the person of indi-
viduals, are, I. By homicide, or de-
stroying life. II. By other corporal
injuries

3. Homicide is, I. Justifiable. II. Ex-
cusable. III. Felonious

4. Homicide is justifiable, I. By ne-
cessity, and command of law. II. By
permission of law: 1st, for the fur-
therance of public justice; 2ndly, for
prevention of some forcible felony
5. Homicide is excusable, I. Per in-
fortunium, or by mis-adventure. 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 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
where one deliberately, or by any un-

1. Offences, against the public health,

176

177

178

178

182

188

lawful 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 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 and 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

CHAPTER XV.

OFFENCES AGAINST THE PERSONS OF INDIVIDUALS

II.

Page

189

190

191

194

203

205 to 219 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; judg ment of felony, without clergy. 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 sixteeen years; for which the penalt 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. Assault. VI. Battery; especially of clergymen. VII. Wounding. Penalties, in all three : fine; imprisonment; and other corporal punishment. VIII. False imprisonment. Penalties: fine; imprisonment; and (in some atrocious cases) the pains of præmunire, and incapacity of office or pardon. IX. Kidnapping, or, forcibly stealing away the king's subjects. Penalty: fine; imprisonment; and pillory

CHAPTER XVI.

205-219

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220

3

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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 dwellinghouse 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. 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 o 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 7. Malicious mischief, by destroying dikes, goods, cattle, ships, garments, fish-ponds, trees, woods, churches, chapels, meeting-houses, houses, out

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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

CHAPTER XIX.

OF COURTS OF A CRIMINAL JRISDIC

TION

251

252

253

256

258 to 277

1. In the method of punishment may be considered, I. The several courts of criminal jurisdiction. II. The several proceedings therein

258

258

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 gaol-delivery. VII. The court of quarter-sessions 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 258-275 4. Private criminal courts are, I. The court of the lord steward, &c. by statute of Henry VII. II. The court of

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280 to 288

280

OF SUMMARY CONVICTIONS 1. Proceedings in criminal courts are, I. Summary. II. Regular

2. Suminary 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 parlia ment, 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

CHAPTER XXI.

OF ARRESTS

ces.

280

281-288

289 to 295

courts of II. Com

1. 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. Trial and conviction. VIII. Clergy. IX. Judgment, and its consequenX. Reversal of judgment. XI. Reprieve or pardon. XII. Execution 289 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 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

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OF COMMITMENT AND BAIL 296 to 299 1. Commitment is the confinement of one's person in prison for safe custody, by warrant from proper authority; unless, in bailable offences, he puts in sufficient bail, or security for his future appearance

2. The magistrate is bound to take reasonable bail, if offered; unless the offender be not bailable

3. Such are, I. Persons accused of treason; or, II. Of murder; or, III. Of manslaughter, by indictment; or if the prisoner was clearly the slayer. IV. Prison-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

4. The magistrate may, at his discretion, admit or not admit to bail, persons not of good fame, charged with other felo

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296

298

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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 misdemeanor, preferred to, and presented on oath by, a grand jury; expressing, with sufficient certainty, the person, time, place, and offence 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. Field by the attorney-general er officio, for such misdemeanors 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 misdemeanors. 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 5. An appeal is an accusation or suit, brought by one private subject against another, for larceny, rape, mayhom, arson, or homicide: which the king cannot discharge or pardon, but the party alone can release

CHAPTER XXIV.

OF PROCESS UPON AN INDICTMENT

301

301

302

307-312

312

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2. Hereupon issue is joined by the clerk of the arraigns, on behalf of the king 341

CHAPTER XXVII.

342 to 363

OF TRIAL, AND CONVICTION 1. Trials of offences, by the laws of England, were and are, 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

350-361

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 goods

CHAPTER XXVIII.

361-363

365 to 374

OF THE BENEFIT OF CLERGY 1. Clergy, or the benefit thereof, was originally derived from the usurped jurisdiction of the popish ecclesiastics; but hath since been new modelled by several statutes

2. It is an exemption of the clergy from any other secular punishment for felony, than imprisonment for a year, at the court's discretion; and it is extended likewise, absolutely, to lay peers, for the first offence; and to all lay commoners, for the first offence also, upon condition of branding, imprisonment, or transportation

365

371

3. All felonies are entitled to the benefit

of clergy, except such as are now ousted by particular statutes 4. Felons, on receiving the benefit of clergy, (though they forfeit their goods to the crown), are discharged of all

372

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1. Judgment (unless any matter be offered in arrest thereof) follows upon conviction; being the pronouncing of that punishment which is expressly ordained by law

2. Attainder of a criminal, is the immediate consequence, I. Of having judgment of death pronounced upon him. II. Of outlawry for a capital offence 3. The consequences of attainder are, I. Forfeiture to the king. II. Corruption of blood

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 5. Corruption of blood is an atter 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

CHAPTER XXX.

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380

381

381-388

388-9

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394 to 398

OF REPRIEVE AND PARDON 1. A reprieve is a temporary suspension of the judgment, I. Ex arbitrio judicis. II. Ex necessitate legis; for preg nancy, insanity, or the trial of identi ty of person, which must always betried instanter 394-396 2. A pardon is a permanent avoider of the judgment by the king's majesty in offences against his crown and dig. nity; drawn in due form of law, allowed in open court, and thereby mak ing 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 an impeachment by the commons in Parliament

CHAPTER XXXII.

396

398

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2. The warrant for execution is sometimes under the hand and seal of the Judge; sometimes by writ from the king; sometimes by rule of court; but commonly by the judge's signing the calendar of prisoners, with their separate judgments in the margin.

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