|

14. What is the process of subpana; and what
if the defendant do not appear within the time
limited by the rules of the court, and plead, de-
mur, or answer to the bill? 443.

15. What are the respective processes of con-
tempt, in their successive order; what if he de-
fendant abscond; and what if he be taken? 444,

16. What is the process against a corporate body;
and what against a peer; and what against a
member of the house of commons? 445,

17. What does the statute 5 Geo. II. c. 25
enact where the defendant cannot be found to be
served with process of subpæna? 445.

18. What is a demurrer in equity? 446.
19. Of what three kinds are pleas; and may
a defendant plead, demur, and answer too? 446.
20. Why are exceptions to formal minutiæ in
the pleadings in equity not allowed? 446.

21. What is an answer; when is it given upon
oath, and when not; and when upon honour? 446.
22. Before whom must the defendant be sworn

5. What is equity in its true and genuine mean-
ing; and does equity differ from law? 429-436.
6. What are the five essential differences
whereby the courts of equity are distinguished
from the courts of law? 436.

7. What does a court of equity, in the way of
proof, when facts or their leading circumstances
rest only in the knowledge of the party; and,
for want of this discovery at law, in what mat-
ters have the courts of equity acquired a concur-
rent jurisdiction with every other court? 437,
438.

8. What authority and jurisdiction have courts
of equity in interrogatories administered to wit-
nesses; and in what cases, on this account, do
they exercise the same jurisdiction which might
have been exercised at law? 438.

9. In what cases does the want of a more spe-
cific remedy then can be obtained in the courts
of law give a concurrent jurisdiction to a court
of equity? 438, 439.

10. What are the fifteen proceedings in the
courts of equity? 442-445.

11. What is a bill; what does it always pray;
and when does it pray also an injunction? 442.
12. What if the bill do not call all necessary
parties, however remotely interested, before the
court; by whom must it be signed; and what
if it contain matter either scandalous or imper-
tinent? 442, 443.

18. Where must the bill be filed; and when
will the court grant an injunction immediately? 443.

signed; and when may it be excepted to for in-
sufficiency? 447, 448.

23. If the defendant have any relief to pray
against the plaintiff, how must it be done? 448.
24. When may the plaintiff amend his bill;
and when must he have recourse to a supple-
mental bill? 448.

25. What is a bill of revivor; and what a bi
of interpleader; and what must be annexed to
this last bill? 448.

26. What if the plaintiff choose to proceed to
the hearing of the cause upon bill and answer
only? 448.

27. What is a replication; and how does the de-
fendant join issue? 448, 449.

28. How and by whom are witnesses examined,
of what nature must the interrogatories be; to
what are examiners and their clerks sworn; and
how are they compellable to appear and submit
to examination? 449.

29. What is a bill to perpetuate the testimony of
witnesses? 450.

30. When may a rule to pass publication of wit-
nesses be had? 450.

31. By whom and before whom may the cause
be set down for a hearing? 450.

32. What if the plaintiff do not attend upon
subpoena to hear judgment; and what if the de-
fendant? 451.

33. When may a plaintiff's bill be dismissed
for want of prosecution? 451.

34. What is the method of hearing causes in
court? 451.

35. Of what two natures is the chancellor's
decree? 452.

36. When does the court of chancery direct a
feigned issue to be tried at the bar of the court
of king's bench, or at the assises; and what is the
fiction? 452.

37. What does the court refer to the opinion
of the courts of king's bench or common pleas, upon
a case stated; and what is done there in conse-
quence? 452, 453.

38. What are referred by the decree, on the
first hearing, to a master in chancery; and what
is done by him in consequence? 453.

39. To what is the master's report liable? 453.
40. When and upon what is a final decree

made; and how is its performance enforced?
453.

41. Who may petition for a re-hearing; by
whom must such petition be signed; what evi-
dence is now admitted; and what may be sup-
plied? 453, 454.

BOOK IV.-OF

42. But, after the decree is once signed and
enrolled, how only can it be rectified? 454.
43. When may a bill of review be had? 454.
44. How is an appeal to the house of lords ef-
fected; and what evidence only is admitted there!
454, 455.

5. In what does the distinction of public
wrongs from private, of crimes and misdemeanours
from civil injuries, principally consist? 5.

6. Which includes the other? 6.

7. In what crimes why cannot satisfaction be
made both to the individual and the community?
and in what how may it? 6, 7.

8. What double view, then, has the law in
taking cognizance of all wrongs or unlawful
acts? 7.

9. What are punishments? 7.

10. In whom was the right of punishing crimes
against the law of nature vested by that law?
7, 8.

11. What right has the temporal legislator to
inflict discretionary penalties for crimes against
the law of nature, or mala in se? 7, 8.

that may be of some assistance in allotting it an
adequate punishment? 15, 16, 17.

22. Why is treason in conspiring the king's
death punished with greater rigour than even
actually killing any private subject? 15.

23. Why, generally, is a design to transgress
not so flagrant an enormity as the actual com-
pletion of that design; and why then, in the
case of a treasonable conspiracy, will the bare
intention to kill the king deserve the highest de-
gree of severity? 15.

24. Why is it in more cases capital for a
servant to rob his master than for a stranger;
what greater crime is it for a servant to kill his
master than in another; why is it capital to steal
above the value of twelvepence privately from
one's person, and only transportation to carry off
a load of corn from an open field; and why, in
the island of Man, was it formerly only trespass
to take away a horse or an ox, and capital misde-
meanour to steal a pig or a fowl? 16.

25. What is the sentiment of the Marquis
Beccaria as to severity of punishment? 17.
26. What does a multitude of sanguinary laws
argue in a government? 17.

27. What is the evil of making no distinction
in the nature and gradations of punishment?
18.

28. How many offences have been declared by
act of parliament felonies without benefit of clergy:
and why does so large a list, instead of diminish-
ing, increase the number of offenders? 18, 19.

hibita? 8.

13. When only is a legislature warranted in
inflicting the punishment of death for offences of
human institution? 9, 10.

14. Is it found by experience that capital
punishments are more effectual in preventing
crimes than lighter penalties? 10.

15. What is the end or final cause of human
punishment? 11.

16. In what three ways is the end of human
punishment effected? 11, 12.

17. By what must the measure of human
punishment be determined? 12.

18. Why is not the lex talionis, or law of re-
taliation, in all cases an adequate or permanent
rule of punishment? 12, 13.

19. Does the punishment of death with death
proceed upon the principle of retaliation? 13,

14.

20. In what class of crimes is the lex talionis
more proper to be inflicted than in any other;
and, upon this principle, what was enacted by
statute 17 Edw. III. c. 18; and how long was
this the law? 14.

21. What are some general principles drawn
from the nature and circumstances of the crime

Crimes.

2. What two things must there be to constitute
a crime against human laws? 21.

3. In what three cases does not the will join
with act? 21.

4. What four species of defect in will fall
under the first of these general heads; what
two under the second; and what two under the
third? 21, 22.

5. In what cases does the law privilege an in-
fant under the age of twenty-one years; and in
what under the age of fourteen only? 22.

6. By what is the capacity of doing ill mea-
sured, as the law has stood since the time of
Edward the Third? 23.

7. At what age may an infant be guilty of
felony; and though prima facie an infant shall
be adjudged to be doli incapax under fourteen,
yet with what proviso may he be convicted and
suffer death under that age? 23, 24.

8. What is the rule of law as to lunatics which
may be easily adapted also to idiots? 24.

9. If a man in his sound memory commit an
offence, and before arraignment for it he become
mad, why shall not he be arraigned for it; if
after he have pleaded he becomes mad, why shall
he not be tried; if after he be tried and found
guilty, why shall not judgment be pronounced;
and if after judgment, why shall execution be
stayed? 24.

9. If a servant instigate a stranger to kill his
master, is he guilty of being accessory to petty
treason? 36.

10. Who is an accessory before the fact? 36, 37.
11. If A. command B. to beat C., and B. beat
him so that he die, is A. accessory to the murder?
37.

12. If A. command B. to burn C.'s house, and
he, in so doing, commit a robbery, is A. accessory
to the robbery? 37.

12. Does drunkenness excuse a crime? 25, 26.
13. When is a man who commits an unlawful
act by misfortune or chance excused from all
guilt? 26,.27.

14. What ignorance or mistake excuses crime?
27.

15. What are the three species of necessity
or compulsion which excuse crime? 28, 30.

16. When only is the constraint of a superior
in a private relation allowed as an excuse for
what crimes? 28, 29.

14. Who is an accessory after the fact; and
what two things are necessary to make one?
37, 38.

15. Does the relief of a felon in gaol, with
clothes or other necessaries, make a man an
accessory after the fact? 38.

16. Who are made accessories (when the prin-
cipal felony admits of accessories) by the statutes
5 Anne, c. 31, and 4 Geo. I. c. 11? 38.

17. What if one wound another mortally, and,
before death ensue, a person assist or receive
the delinquent? 38.

18. In what one offence may a wife be indicted
and set in the pillory with her husband; and
why? 29.

19. For what offences only is duress per minas
an excuse? 30.

20. If a man be violently assaulted, and have
no other possible means of escaping death but
by killing an innocent person, whom may he
kill? 30.

21. Where a man by the commandment of the
law is bound to arrest another for any capital
offence, or to disperse a riot, and resistance is
made to his authority, whom may he even kill,
and why? 31.

22. May a man in extreme want of food or
clothing justify stealing either to relieve his
present necessities? 31, 32.

23. What one case is there in which the law
supposes an incapacity of doing wrongs from
the excellence and perfection of the person? 32,
33.

CHAP. III.-Of Principals and Accessories.

1. WHAT are the two different degrees of guilt
among persons that are capable of offending?
34.

2. In what two degrees may a man be prin-
cipal in an offence? 34.

3. Must the principal in the second degree be
actually immediately standing by, within sight
or hearing of the fact? 34.

4. In cases of murder committed in the absence
of the murderer by means which he had prepared
beforehand, is the murderer principal in the first
or second degree, or accessory; and why? 34, 35.
5. Who is an accessory; and of what two
kinds are accessories? 35.

6. Why are all principals in high treason? 35.
7. In what crimes may there be accessories ? 36.
8. Why are all principals in petit larceny, and
in all crimes under the degree of felony? 36.

the master the servant, the servant the master, the
husband the wife, or the wife the husband, who
have any of them committed a felony? 38, 39.

19. How are accessories to be treated, con-
sidered distinct from principals? 39.

20. For what four reasons, then, are such
elaborate distinctions made between accessories
and principals ? 39, 40.

21. In what cases are accessories after the fat,
by the statutes, still allowed the benefit of clergy;
and in what cases is that benefit of clergy denied
to the principals and accessories before the fact?
39.

22. Is an acquittal of receiving or counselling
a felon an acquittal of the felony itself? 40.

23. Can one acquitted as principal be indicted as
an accessory either before or after the fact? 40.

3. What eleven crimes are of this species ?
43, 44, 50, 59, 60, 62-64.

4. What is apostasy; and in whom only can
it take place? 43.

5. As a penalty for apostasy, what is enacted
by statute 9 & 10 W. III. c. 32? 44.

6. What is heresy; what was the writ de hæ-
retico comburendo; what did the statute 29 Car.
II. enact as to heresy; and, as a penalty for
heresy, what is enacted by the statute 9 & 10
W. III.? 44–46, 49, 50.

7. Of what two kinds are the offences against
religion which affect the established church? 50.

8. What are the penalties for reviling the or-
dinances of the church by statutes 1 Edw. VI.
e. 1, and 1 Eliz. c. 1 and 2? 50, 51.

9. Of what two classes are non-conformists;
what penalties are imposed upon those of the
first class by statutes 1 Eliz. c. 2, 23 Eliz. c. I.,
and 3 Jac. I. c. 4; and what are suspended by
the statute 1 W. and M. st. 1, c. 18, commonly
called the toleration act, confirmed by statute 10
Anne, c. 2, from which of those of the second
class, with what three provisos ? 52, 53.

10. What are dissenting teachers to subscribe
in order to be exempted from the penalties of
the statutes of Car. II. 13 & 14, c. 4, 15, c. 6, 17,
c. 2, and 22, c. 1; and from what particular pe-
Inalties of the first and third of those statutes
(with what exceptions) are they exempted by
subscribing the declaration of the act 19 Geo.
III.? 53, 54.

11. What, by the same statute 1 W. and M.,
if any person shall wilfully, maliciously, or con-
temptuously disturb any congregation assem-
bled in any church or permitted meeting-house, or
shall misuse any preacher or teacher there? 54.
12. But what does the statute 5 Geo. I. c. 4
enact as to any mayor's or principal magistrate's
appearing at any dissenting meeting? 54.

13. Why do not the reasons for a general
toleration of Protestant dissenters hold equally
strong as to papists?54, 55.

14. Into what three classes may papists be di-
vided? 55.

15. What are the penalties and disabilities of
the first class of papists? 55.

16. What if any person send another abroad
to be educated in the popish religion, or to reside
in any religious house abroad for that purpose,
or contribute to his maintenance when there?
55.

17. What if these errors be aggravated by
apostasy or perversion? 55.

18. To what additional disabilities, penalties,
and forfeitures is the second class of papists
subject? 56.

19. What is the effect of refusing to make the
declaration against popery enjoined by statute
30 Car. II. st. 2, when tendered by the proper
magistrate? 56.

20. What are the penalties against the third
class of papists; and of what are all persons
harbouring them guilty? 57.

21. Are these laws enforced now; and whence
is their origin? 57.

22. In respect of whom is the statute 11 & 12
W. III. repealed to what extent by the statute
18 Geo. III. c. 60? 58.

23. But now, by statute 31 Geo. III. c. 32,
from what Roman Catholics are all these restric-
tions and penalties removed; and how are Roman
Catholic ministers, schoolmasters, and congregations
tolerated? 58.

24. What do the corporation and test acts enact?
68, 59.

25. To whom does the statute 7 Jac. I. c. 2
apply a like test? 59.

28. What is witchcraft, conjuration, enchantment,
or sorcery; and what is declared as to it by sta
tute 9 Geo. II. c. 5? 60-62.

29. How is the pretence to using witchcraft,
telling fortunes, or discovering stolen goods by
skill in the occult sciences, punished? 62.

30. Who are religious impostors; and how are
they punishable? 62.

31. Why is simony to be considered as an of-
fence against religion; who are punishable for it
by statute 31 Eliz. c. 6; and how? 62.

32. What other corrupt elections and resigna-
tions are punished by the same statute; and how?
63.

33. What is Sabbath-breaking; and how are
what instances of it punishable by statutes 27
Hen. VI. c. 5 as to fairs or markets, 1 Car. I. c. 1
as to unlawful exercises, and 29 Car. II. c. 7 as to
work? 63, 64.

34. How is drunkenness punished by statute 4
Jac. I. c. 5? 64.

35. When is lewdness an indictable offence;
and how is it punished? 64, 65.

36. In what event may who be punished for
having bastard children, by statute 7 Jac. I. c. 4;
and how? 65?

CHAP. V.-Of Offences against the Law of Na

tions.

1. WHAT is the law of nations; and upon what
principle is it founded? 66.

2. By what is this law enforced in England ?
67.

3. What is the remedy for offences against this
law by whole states and nations? 68.

4. What if the individuals of any state violate
this law? 68.

5. What are the three principal offences against
this law animadverted on as such by the muni-
cipal laws of England? 68.

6. How may the violation of safe-conducts, or
passports expressly granted by the king or his
ambassadors to the subjects of a foreign power in
time of mutual war, be punished; and what is
enacted as to offences against strangers at sea, or
in port, by statute 31 Hen. VI. c. 4? 68–70.

7. What is enacted by the statute 7 Anne, c.
12 in order to enforce the law of nations as to
the rights of ambassadors? 70, 71.

8. What is the offence of piracy by common law;
how only is it punishable since the statute of
treasons, 25 Edw. III. c. 2; and what offences
are made piracy by statutes 11 & 12 W. III. c. 7,
8 Geo. I. c. 24, and 18 Geo. II. c. 30? 71-73.

CHAP. VI.-Of High Treason.

1. INTO what four kinds may those offences be
distinguished which more immediately affect the
royal person, his crown or dignity, and which are
in some degree a breach of the duty of alle-
giance, whether natural and innate, or local and
acquired by residence? 74.

27. How are profane and common swearing and
cursing punishable, by the statute 19 Geo. II. c.
21; and what is enacted against profanity on the
stage, by statute 3 Jac. I. c. 21? 59, 60.

two kinds is treason? 74, 75.

3. Under what seven distinct branches are ali
kinds of high treason comprehended by the sta-
tute 25 Edw. III. c. 2? 76, 81-84.

4. Is a queen regnant or a king consort within

de jure; is a king de jure and not de facto; what
is the true construction of the statute 11 Hen.
VII. c. 1; and is a king who has resigned his
crown, abdicated his government, or subverted
the constitution, any longer the object of treason?
76-78.

5. What is compassing or imagining the death
of the king; and how must this act of the mind
be demonstrated before it can possibly fall under
any judicial cognizance? 78, 79.

6. What are held to be overt acts of treason in
imagining the king's death? 79.

7. Are words spoken, treason? 80.
8. Are words written, treason? 81.

9. What does the phrase "the king's com-
panion" mean, to violate whom is declared by
the statute to be the second species of treason;
and when is it treason in both parties? 81.

10. What is held as to the violation of a queen
or princess dowager; and why? 81.

11. What offences of taking up arms does the
third species of treason include? 81, 82.

12. To what does an insurrection to pull down
all enclosures, all brothels, and the like, amount;
and to what does a tumult to pull down a par-
ticular house or lay open a particular enclosure?

82.

13. What if two subjects quarrel and levy war
against each other? 82.

14. When does a bare conspiracy to levy war
amount to treason? 82.

15. How must the fourth species of treason,
or that of adherence to the king's enemies, be
proved? 82.

16. In what light is giving assistance to foreign
pirates or robbers treason? 83.

17. Under what description is adherence or
aid to our own fellow-subjects in actual rebellion
at home treason? 83.

18. What is held as to relieving a rebel fled
out of the kingdom; and why? 83.

19. In what events shall a man's joining with
either rebels or enemies, in the kingdom, be ex-
cused? 83.

20. To what offence does the taking wax
which bears the impression of the great seal off
from one patent and affixing it on another
amount? 83, 84.

21. What money is meant by the statute to
counterfeit which is the sixth species of treason?
84.

22. Which of the king's officers of justice are
within the statute which declares the "slaying
of them in their places doing their offices"
treason? 84.

23. What does the act say as to "other like
cases of treason" or constructive treasons? 85.

25. Under what three heads are comprised the
high treasons created by subsequent statutes and
not comprehended under the description of sta-
tute 25 Edw. III.? 87.

25. In what three cases relating to papists is
the offence of high treason declared to be com-
mitted, by the statutes 5 Eliz. c. 1, 27 Eliz. c. 2,
and 3 Jac. I. c. 4; and what is the reason of
distinguishing these overt acts of popery from all
others which were considered in a preceding
chapter as spiritual offences? 87, 88.

26. With regard to treasons relative to the coin
or other royal signatures, what two offences are

st. 2, c. 6; and what one in consequence of the
former, with regard to importing coin, by statute
1 & 2 P. and M. c. 11? 89.

27. Is it high treason to counterfeit foreign
money taken here by consent? 89.

28. What instances of falsifying the coin are
declared to be high treason by statutes 5 Eliz. c.
11, and 18 Eliz. c. 12? 90.

29. What offences, as to implements of and
preparations for coinage, are declared to be high
treason by statute 8 & 9 W. III. c. 26, made per-
petual by 7 Anne, c. 25; and within what times
must all prosecutions on this act be commenced?
90.

30. What species of coining is made high trea-
son by statute 15 & 16 Geo. II. c. 28; but in
what case shall the offender be pardoned? 90,

91.

31. What offences are made high treason with a
view to the security of the Protestant succession,
with regard to the late Pretender or his sons, by
statutes 13 & 14 W. III. c. 8, and 17 Geo. II.
c. 39, and generally by statutes 1 Anne, st. 2,
c. 17, and 6 Anne, c. 7? 91, 92.

32. What offences are made high treason by the
statute 33 Geo. III. c. 27, called the traitorous
correspondence act; and what else does the statute
enact? 92.

33. Of what six parts does the punishment for
high treason consist; but what parts may be dis-
charged by the king? 92, 93.

34. How is the punishment milder for male
offenders in case of coining? 93. ·

35. But is the punishment of females the same
in treasons of every kind? 93.

CHAP. VII.-Of Felonies injurious to the King's
Prerogative.

1. WHAT is felony, in the general acceptation
of our English law? 94, 95.

2. What is the etymology of the word, accord-
ing to Sir Henry Spelman; how is this ety-
mology confirmed by the feodal writers; and
wherefore are suicide, homicide, petit larceny, rob-
bery, rape, and treason, felonies by the ancient
law? 95-97.

3. As there are felonies without capital punish-
ment, may capital punishments be inflicted where
the offence is no felony? 97.

4. But to what usage do the interpretations
of the law now conform, and, in compliance
therewith, in what light does the present com-
mentator intend to consider felony? 98.

5. Of what five kinds are such felonies as are
more immediately injurious to the king's pre
rogative? 98.

6. Of the various offences relating to the coin,
as well misdemeanours as felonies, declared by a
series of statutes, what are the several penalties
for melting down sterling money, by statute 9
Edw. III. st. 2; for melting down current silver
money, by statute 13 & 14 Car. II. c. 31; for
importing false money; for forging any foreign
coin, although it be not made current here by
proclamation; for having to do with clippings or
filings of the coin, for blanching copper for sale,
or dealing in any malleable composition resem-
bling gold, or buying, at a less rate than it im-
ports to be of, any counterfeit or diminished milled