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. 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 (conditionally) by the toleration act. 3rdly, 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 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; incapacity. IX. Sabbath-breaking. Penalty: fine. X. Drunkenness. Penalty: fine, or stocks. XI. Lewdness. Penalties: fine; imprisonment; house of correction CHAPTER V. Page 42 43-65 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. III. 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 adherence 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 76-87 3. High treasons, created by subsequent statutes, are such as relate, I. To papists: as, the repeated defence 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; endeavouring to impede the succession; writing or printing in defence 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 87-92 4. The punishment of high treason, in males, is (generally) to be, I. Drawn. II. Hanged. III. Embowelled 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 CHAPTER VII. 92 103 to 117 OF PRÆMUNIRE 1. Præmunire, in its original sense, is the offence 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 offences of a different nature 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 or abby lands. IV. Acting as broker in an 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 defence 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 CHAPTER IX. 103 115-117 OF OFFENCES AGAINST PUBLIC JUS127 to 141 1. Crimes especially affecting the commonwealth, 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 nomy are, II. 2. Offences, against the public justice, I. Embezzling, or vacating records, and personating others in courts of justice. Penalty. judgment of felony, usually without clergy. Compelling prisoners to become approvers. Penalty: judgment of felony. 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. Theftbote. XI. Common barretry, 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 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: impri : or 127 142 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 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 corporal punishment CHAPTER XII. 142-153 OF OFFENCES AGAINST PUBLIC TRADE 154 to 160 VII. Pe 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. Inalties, 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 CHAPTER XIII. 154-160 OF OFFENCES AGAINST THE PUBLIC HEALTH, AND THE PUBLIC POLICE OR 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 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. IX. Destroying the game. Penalties: fines; and corporal punishment CHAPTER XIV. Page 161-2 162-175 176 to 203 OF HOMICIDE 1. Crimes, especially affecting individuals, are, I. Against their persons. II. Against their habitations. III. Against their property 2. Crimes against the person of individuals, are, 1. 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; 2ndly, for prevention of some forcible felony 5. Homicide is excusable, I. Per infortunium, 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 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 un 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. II. Page 189 190 191 194 203 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; 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 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. 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 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 that 4. Mixed, or compound, larceny, 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 220 3 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 229 229 229 239 239 241 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 there in 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 258 258 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 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 280 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 281-288 CHAPTER XXI. 289 to 295 OF ARRESTS 1. Regular proceedings, in the courts of common law, are, I. Arrest. II. Commitment and bail. III. Prosecution. IV. Process. V. Arraignment, and its incidents. VI. Plea and issue. VII. Trial and conviction. VIII. Cler gy. IX. Judgment, and its consequences. X. 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 CHAPTER XXII. 289 289-295 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 296 296 298 |