« EelmineJätka »
money of this kingdom, not being cut in pieces, 6. What is misprision of felony; and how is
(an operation which is in what case directed, it punished by the statute Westm. 1, 3 Edw. I.
and in what cases allowed and required, by cer- c. 9? 121.
tain statutes, to be performed ;) for tendering 7. What is the punishment for misprision of
any counterfeit coin, knowing it to be so; for treasure-trove? 121.
doing so, having more in custody, or repeating 8. Of what five kinds are positive misprisions, or
the offence within ten days after; and for coun- contempts, and high misdemeanours, the last four
terfeit copper halfpence or fart gs, or deal- consisting, in general, of such contempts of the
jug in it (not being cut in pieces or melted) at executive magistrate as demonstrate themselves by
a less value than it imports to be of ? 98–100. some arrogant and undutiful behaviour towards
7. What is enacted by statutes 3 Hen. VII. C. the king and government? 121-124.
14, and 9 Anne, c. 16, as to felonies against the 9. What offences are included under the mis-
king's council? 100, 101.
prision of the mal-administration of such high
8. In what cases is it made felony to serve fo- officers as are in public trust and employment;
reign states, by statutes 3 Jac. I. c. 4, 9 Geo. II. and how is it usually punished ? 121, 122.
c. 30, and 29 Geo. II. c. 17 ? 101.
10. What are contempts against the king's pre-
9. What is enacted by the statute 31 Eliz. c. rogative? 122.
4 as to felony in embezzling the king's armour 11. Whose duty is it, and when, to join the
or warlike stores; what effect upon this statute posse comitatus, or power of the county, according
has that of 22 Car. II. c. 5; how are other in- to the statute 2 Hen. V. c. 8? 122.
ferior embezzlements and misdemeanours punished 12. How are contempts against the king's pre-
by several statutes ; and what is enacted by rogative punished ? 122.
statute 12 Geo. III. c. 24 ? 101, 102.
13. What are contempts and misprisions against
10. What is enacted by statutes 18 Hen. VI. the king's person and government, and how may
c. 19, and 5 Eliz. c. 5, as to desertion from the they be punished ? 123.
king's armies in time of war, whether by land or 14. What are contempts against the king's title
sea; what effect upon this statute has that of not amounting to treason or præmunire; and how
2 & 3 Edw. VI. c. 2; and how are other inferior are they punished ? 123.
military offences punishable by the same statutes ? 15. What offence is it, and how punishable by
statute 13 Eliz. c. 1, to maintain that the com-
mon laws of this realm not altered by parliament
CHAP. VIII.-Of Præmunire.
ought not to direct the right of the crown of
England ? 123.
1. Why is the offence of præmunire so called ; 16. What are the penalties inflicted by statute
and whence did it take its original? 103. 1 Geo. I. st. 2, c. 13, for refusing or neglecting
2. What does the statute of præmunire, 16 Ric. to take the oaths appointed by statute for better
II. c. 5, enact; and who are also subjected to securing the government, and yet acting or serving
the penalties of præmunire by statute 2 Hen. IV. in a public office, place of trust, or other capa-
c. 3? 112.
city, for which the said oaths are required to be
3. What offences are made liable to the pains taken ; and what if members, on the foundation
of præmunire by the statutes of Hen. VIII. and of any college in the two universities, who by
this statute are bound to take the oaths, do not
4. To what penalty is the importing or selling register a certificate thereof in the college register
ma88-books or other popish books liable, by statute within one month after ? 123, 124.
3 Jac. I. c. 5, % 25? 115.
17. What are contempts against the king's pa-
5. To what twelve other offences, some of which laces or courts of justice; and how are they, a
bear no relation to the original offence, have the rescue from them, and an affray or riot near them,
penalties of præmunire been applied by various but out of their actual view, punishable ! 124,
statutes ? 116, 117.
6. How is the punishment of præmunire shortly 18. How are threatening or reproachful words
summed up by Sir Edward Coke; except in the to any judge sitting in the courts punishable ;
case of transgressing what statute may the king, and how is an affray or contemptuous behaviour in
by his prerogative, remit the whole or any part the inferior courts of the king 2 126.
of the punishment; and what does the statute 5 19. How are such as are guilty of any inju-
Eliz. c. 1 provide as to the consequences of an rious treatment to those who are immediately
attaint by præmunire ? 117, 118.
under the protection of a court of justice punish-
able ? 126.
CHAP. IX.-Of Misprisions and Contempts affect from giving evidence, disclosures of examination
penal, and descending gradually to such as are 17. What is enacted by statute 28 Elz c. 5
of less malignity? 128-137, 139–141.
as to compounding informations upon penal stue
3. What is enacted by statute 8 Hen. VI. c. 12 as tutes ? 136.
to embezzling or vacating records, by statute 21 18. In what two ways may conspirators to
Jac. I. c. 26, as to acknowledging any proceedings indict an innocent man of felony be punished ?
in the courts in the name of another person not 136, 137.
privy to the same, and, by statute 4 W. and M. 19. How are threats of accusation in order to
c. 4, as to personating any other person as bail ? extort money punishable by statute 30 Geo. II.
c. 24 ? 137.
4. What is enacted by statute 14 Edw. III. C. 20. How is perjury defined by Sir Edward
10 if any gaoler compel any prisoner to become Coke; what is subornation of perjury; how are
an approver or an appellor ? 128, 129.
they now punished at common law, with an added
5. What is the offence of obstructing the exe- power in the court to inflict what penalties, by
cution of lawful process in criminal cases; and statute 2 Geo. II. c. 25; and how may they bo
what is enacted by several statutes as to op- punished by statute 5 Eliz. c. 9? 137, 138.
posing the execution of any process in pretended 21. When is bribery an offence against public
privileged places within the bills of mortality ? justice; in whom and how is it punished; and
what is enacted on this subject by a statute
6. Who are punishable for the escape of a 11 Hen. IV.? 139, 140.
person arrested upon criminal process; how, and 22. What is embracery; and in whom and how
when ? 129, 130.
is it punished ? 140.
7. How is breach of prison by the offender him- 23. How was the false verdict of jurors ancientıy
self punished by the statute de frangentibus pri- considered, and how punished ? 140.
sonam, 1 Edw. II.? 130, 131.
24. In what public officers is negligence an
8. What is rescue; how is it punishable, and offence against public justice ; and how is it punish-
when; what is enacted by statutes 11 Geo. II. able? 140.
c. 26, and 24 Geo. II. c. 40, as to rescues of any 25. How is the oppression and tyrannical par-
retailers of spirituous liquors, and by statute tiality of magistrates prosecuted and punished ?
16 Geo. II. c. 31, as to assisting prisoners to 141.
escape; and what if any person be charged 26. When is extortion an abuse of public
with any of the offences against the black act
, 9 justice ; and what is the punishment for it? 141.
Geo. I. c. 22, and, being required by order of
the privy council to surrender himself, neglect to CHAP. XI.-Of Offences against the Public Peace.
do so for forty days ? 131.
9. Who are punishable for an offender's re- 1. Of what two species are offences against the
turning from transportation, and how ? 132. public peace ; and of what two degrees are both
10. What is enacted by statute 4 Geo. I. c. 11 | these kinds ? 142.
as to the offence of taking a reward under pre- 2. What are the thirteen kinds of offences
tence of helping the owner to his stolen goods ? against the public peace ? 142–150.
3. What does the statute 1 Geo. I. c. 5 enact
11. In the offence of receiving stolen goods as to the riotous assembling of twelve persons
knowing them to be stolen, which makes the or more, and not dispersing upon proclamation
offender accessory to the theft, of what other 143.
punishment has the prosecutor, by statutes 1 4. What does the statute 9 Geo. I. c. 22 enact
· Anne, c. 9, and 5 Anne, 31, the choice before as to appearing armed, or hunting in disguise ?
the thief be taken and convicted ; and what is 143, 144.
enacted as to receivers and possessors of certain 5. What does the same statute, amended by
metals, by statute 29 Geo. II. c. 30, and as to 'statute 27 Geo. II. c. 15, enact as to sending any
knowing receivers of stolen plate or jewels demanding or threatening letter? 144.
taken by highway-robbery or burglary? 132, 133. 6. What, by several late statutes, are the pe-
12. What is the offence of going unusually 13. What is enacted by several sta, ates of
armed; and how is it prohibited by the statute Geo. II. and Geo. III. to prevent the seduction
of Northampton, 2 Edw. III. c. 3? 149.
of our artists abroad, and the destruction of our
13. When is the offence of spreading false news home manufactures ? 160.
punishable, and how? 149.
14. How is the offence of pretended prophecy CHAP. XIII.--Of Offences against the Public
punished by statute 5 Eliz. c. 15? 149.
Health and the Public Police or Economy.
15. In whom are challenges to fight punish-
able, and how; and what, by statute 9 Anne, 1. What are the two offences against the public
c. 14, if the challenge, or any assault or affray, health of the nation ? 161, 162.
arise on account of any money won at gaming? 2. What is enacted by statute 1 Jac. I. c. 31
as to any person infected with the plague, or
16. What are libels which tend to the breach dwelling in any infected house; and what is the
of the peace ; what is a publication of them, present law as to quarantine ? 161, 162.
in the eye of the law; what if they be true, 3. What is enacted by statutes 51 Hen. III.
and what if they be false ; what is the difference st. 6 and 12 Car. II. c. 25, & 11 to prevent the
between a libei in a civil action and a libel in a selling of unwholesome provisions and wine? 162.
criminal prosecution ; and what is the punishment 4. What is meant by the public peace and eco-
of criminal libels ? 150, 151.
17. Though it hath been long held that the 5. What are the nine offences against the public
truth of a libel is no justification in a criminal peace and economy? 162–166, 169–171, 174.
prosecution, yet what general rule has the court of 6. What is enacted by the statute 26 Geo. II.
'king’s bench laid down as to granting an informa- c. 33 for the prevention of the offence of clan-
tion for a libel? 151.
destine marriages ? 162, 163.
7. What is bigamy, or more properly polygamy;
CHAP. XII.- Of Offences against Public Trade.
what is its effect upon the second marriage; and
how is it punished by statute 1 Jac. I. c. 11,
1. Of what two degrees are offences against with an exception to what five cases ? 163, 164.
public trade? 154.
8. How are wandering soldiers and mariners, or
2. What are the thirteen kinds of these of persons pretending so to be, punished by statute
fences ? 154, 156–160.
39 Eliz. c. 17 ? 164, 165.
3. What is owling; and what are its penalties, 9. How are persons calling themselves Egyp-
by several statutes ? 154.
tians, or gypsies, now punished, by statute 23 Geo.
4. What is smuggling; and how is it punished III. c. 51 ? 167.
by statute 19 Geo. II. c. 34? 154, 155.
10. What are common nuisances; and of what
5. What are the several species of fraudulent seven sorts ? 167, 168.
bankruptcy taken notice of by the statute law; 11. Who may be indicted, and what shall be
and how are they punished ? 156.
equivalent to such indictment, for annoyances in
6. What, by statute 21 Jac. I. c. 19, if the highways, bridges, and public rivers, whether by
bankrupt cannot make it appear that he is dis- positive obstructions or want of reparation; and
abled from paying his debts by some casual loss; what is a purpresture ? 167.
and what, by statute 32 Geo. II. c. 28, and 33 12. What if innkeepers refuse to entertain a
Geo. III. c. 5, if a prisoner charged in execution traveller without a very sufficient cause? 167.
for debt (to what amount ?) neglect or refuse on 13. How may eaves-dropper: be punished ? 168.
demand to deliver up his effects ? 156.
14. How may a common scold (communis riza-
7. What is the penalty for usury; what if any trix)? 168.
scrivener or broker take more than five shillings
15. Into what three clases are idle persons
per cent. procuration-money, or more than twelve- divided, and how is each class punished by sta-
pence for making a bond; and what is enacted tute 17 Geo. II. c. 5; and to what are persons
on this subject by statute 17 Geo. III. c. 26 ? harbouring vagrants liable? 169, 170.
16. What one sumptuary law against luxury
8. What offences may be referred to the head is still unrepealed ? 170.
of cheating ; what is the general punishment for 17. What is enacted by statute 16 Car. II. C.
all frauds of this kind if indicted at common law; 7 if any person by playing or betting shall lose
and what frauds are punished by the statutes more than 1001. at one time; what does the sta-
33 Hen. VIII. c. 1 and 30 Geo. II. c. 24 ? 157, tute 9 Anne, c. 14 enact as to all securities given
for money won at play, if any person at one sit-
9. How are the three offences of forestalling, ting lose 101. at play, and if any person by cheat-
regrating, and engrossing described by statute ing at play win the same sum; what does the
5 & 6 Edw. VI. c. 14; and what is the general statute 13 Geo. II. c. 19 enact to prevent the
penalty for these offences by common 12:0? 158, multiplicity of horse-races ; and what, by statute
18 Geo. II. c. 34, if any person win or lose at
10. What are monopolies; and how are they play, or by betting, 101. at one time, or 201
punished ? 159.
within twenty-four hours ? 172, 173.
11. How are combinations among victuallers 18. Who are guilty of the offence of destroy-
or artificers to raise the prices of commodities ing the game upon the old principles of the forest-
punished by statute 2 & 3 Edw. VI. c. 15? 159, law, and who by the game-laws; and what are
the four qualifications for killing game, as they
12. How is the offence of exercising a trade are usually called, or, more properly, the ex
without having served an apprenticeship pu- emptions from the penalties inficted by the
nished by statute 5 Eliz. c. 4 ? 160.
statute law ? 174, 175.
19. What are the punishments for unqualified 21. What is felonious homicide, and of what
persons transgressing the game-laws in what ways; two kinds ? 188.
and how may those punishments be inflicted? 22. What is self-murder, or felo de se; does it
admit of arcessories ; when, and in whom, may
20. What is enacted for the preservation of it happen, and when in a real lunatic? 189, 190.
game by statute 28 Geo. II. c. 2? 175.
23. How is self-murder punished ? 190.
24. What if a husband and wife be possessed
CHAP. XIV.-Of Homicide.
jointly of a term of years in land, and the hus-
band drown himself; and why? 190.
1. Of what three principal kinds are those 25. How do the two degrees of guilt in killing
crimes and misdemeanours which in a more pecu- another divide the offence; and what is the dif-
liar manner affect and injure individuals or ference between either division of it? 190.
private subjects ? 177.
26. How is manslaughter therefore defined;
2. Of crimes injurious to the persons of private and of what two branches is it? 191.
subjects, what is the most principal and important ? 27. When is it voluntary manslaughter; and
what circumstance makes it amount to murder ?
3. Of what three kinds, and of what three de- 191.
grees of guilt, is homicide? 177, 178.
28. In what, therefore, does voluntary man-
4. In what three cases is homicide justifiable? slaughter differ from excusable homicide, se defen-
dendo ? 192.
5. What offence is it wantonly to kill the great- 29. In what does involuntary manslaughter
est of malefactors ? 178.
differ from homicide excusable by misadventure ?
6. What if judgment of death be given by a 192.
judge not authorized by lawful commission, and 30. But what circumstances will make involun-
execution be done accordingly? 178.
tary manslaughter amount to murder ? 192, 193.
7. What if even the judge execute his own 31. What is the punishment of manslaughter ?
judgment; and what if an officer behead one who 193.
is adjudged to be hanged, or vice verså ? 179. 32. But is there not one species of manslaugh-
8. Of what six kinds are justifiable homicides, ter which is punished as murder by statute 1 Jac.
committed for the advancement of public justice? I. c. 8; and how is this statute construed ? 193,
9. But, in all these first five cases, what appa- 33. How is murder defined, or rather described,
rent necessity must there be on the officer's side ? by Sir Edward Coke ? 195.
34. What if a person be indicted for one spe-
10. When is it lawful to kill any person who cies of killing, or for killing with one weapon,
attempts a burglary; and what is the uniform and it proves to have been another ? 196.
principle that runs through all laws as to repel- 35. May a man be guilty of murder although
ling crimes by homicide ? 180, 181.
no stroke be struck by himself, or no killing
11. What is Mr. Locke's doctrine on this sub- primarily intended ? 196.
ject, and how is it received by the commentator ? 36. Within what time after the stroke received
must the party die in order to make the killing
12. Wherein does excusable differ from jus- murder ? 197.
tifiable homicide ; and of what two sorts is the 37. When is it murder to kill a child in its
mother's womb; and what is enacted by the sta-
13. In what cases does homicide per infortu- tute 21 Jac. I. c. 27 as to a mother's concealing
nium, or misadventure, happen? 182.
the death of her bastard child; but what is now
14. In what cases, however, is the slayer required upon trials for this offence? 198.
guilty of manslaughter and not misadventure only; 38. What constitutes malice prepense, malitia
but when are deaths in tilts or tournaments, boc- præcogitata; and when is malice express, and
ing, or sword-playing only misadventure! 183. when implied, in law ? 198–201.
15. What is homicide in self-defence, or se de- 39. Who are guilty of murder in deliberate
fendendo ; what is chance-medley, or chaud-medley ; | duelling? 199.
and what must appear to excuse homicide by the 40. If two or more come together to do an
plea of self-defence ? 183, 184.
unlawful act against the king's peace, and one of
16. What seems to be the true criterion to dis- them kill a man, in whom is it murder? 200.
tinguish homicide upon chance-medley, in self-de- 41. What if one intend to do another felony,
fence, from manslaughter in the legal sense of the and undesignedly kill a third man ? 201.
word? 184, 185.
42. Unless in what cases may it be taken for
17. What civil and natural relations are com- a general rule that all homicide is malicious ?
prehended under the excuse of se defendendo, 201.
and why ? 186.
43. What is the punishment of murder; and
18. Is there not one species of homicide se what is enacted on that subject by statute 25
defendendo where the party slain is equally in- Geo. II. c. 37 ? 201, 202.
nocent with him who occasions his death; and 44. What is petit treason (parva proditio); and
upun what principle is this homicide excusable? by what three ways may it happen, according to
statute 25 Edw. III. c. 2? 203.
19. In what circumstances do the two species 45. Of what crime is a servant guilty who kills
of homicide by misadventure and self-defence agree; his master whom he has left upon a grudge con-
and what does the law's high value for the life ceived against him during service; and whom
of a man always intend ? 186, 187.
is it petit treason in à clergyman to kill? 203.
20. What is the penalty for homicide ? 188. 46. May a person indicted of petit treason be
found guilty of manslaughter or murder; and 17. What is kidnapping; how is it punished at
how many witnesses are necessary in case of common law; and what does a clause of the sta-
petit treason? 204.
tute 11 & 12 W. III. c. 7 enact to prevent the
47. What is the punishment for petit treason, leaving of kidnapped persons abroad? 219.
and what in a woman, by statute 30 Geo. III.
c. 48? 204.
CHAP. XVI.-Of Offences against the Habitations
48. What is the punishment for the aiders,
abettors, and counsellors of petit treason? 204.
1. What are the only two offences that mor
CHAP. XV.–Of Offences against the Persons of
immediately affect the habitations of individuals,
or private subjects? 220.
2. What is arson (ab ardendo) ? 220.
1. Of what two degrees of guilt are other
3. What is such a house as may be the subject
offences against the persons of individuals ? 205. of arson? 221.
2. What are the four felonies ? 205, 208, 210, 4. When is wilfully setting fire to one's own
house arson; and when a high misdemeanout ? 221.
3. What amounts to mayhem, mayhemium ; and
6. What if a landlord or reversioner set fire to
how is it punished by statutes 5 Hen. IV. c. 5, his own house of which another is in possession
37 Hen. VIII. c. 6, and 22 & 23 Car. II. c. 1, called under lease ? 221.
the Coventry'act ? 205–207.
6. What amounts to the burning which con-
4. What is enacted by statute 9 Geo. I. c. 22 stitutes arson; and what is enacted by the sta-
as to the offence of maliciously shooting at any tute 6 Anne, c. 31 if any servant negligently set
person ? 207.
fire to a house or outhouses ? 222.
5. What is enacted by statutes 3 Hen. VII. 7. How is arson punished in whom? 222, 223.
c. 2 and 39 Eliz. c. 9 as to the offence of forcible 8. What is burglary, burgi latrocinium ; what
abduction and marriage of a female, or, as it is may a man do to protect his house which he is
vulgarly called, stealing an heiress ? 208. not permitted to do in any other case; and how
6. What four things have been determined in is a burglar defined by Sir Edward Coke? 223,
the construction of the first of these statutes ;
what has been determined as to the will of the 9. At what time must the burglary be com-
woman; and what general rule of law may be mitted; and what is held as to the light by which
violated in punishing this offence? 208, 209.
it is committed ? 224,
7. What is enacted by the statutes 4 & 5 Ph. 10. What is Sir Edward Coke's definition of
and M. c. 8 and 26 Geo. II. c. 33 as to an in- the place in which a burglary must be com-
ferior degree of the same kind of offence? 209, mited; and why does it not seem extensive
enough; and when may a burglary be committed
8. What is the crime of rape; and what is in a barn, stable, or warehouse ? 224, 225.
enacted as to its punishment by statute 18 Eliz. 11. When is a lodging the mansion-house of the
c. 7? 210, 212.
lodger; and can burglary be committed in the
9. Who is presumed by the law incapable to shop, parcel of another man's house, which I hire
commit a rape ? 212.