4. What is simple larceny? 229.

5. In what cases may a carrier of goods com-
mit the offence of larceny upon those goods?
280

6. What is enacted by statutes 33 Hen. VI. c.
1 and 21 Hen. VI. c. 7 in cases of servants em-
bezzling their master's goods? 230, 231.

7. What is the offence of embezzling goods of
which the offender had not the possession, but
only the care or use? 231.

8. Under what circumstances may a man be
guilty of felony in taking his own goods? 231.
9. What is a sufficient asportation of goods to
constitute a larceny ? 281.

10. Who are indemnified by the requisite to a
larceny that it must be felonious, that is, done
animo furandi? 232.

11. Why can no larceny be committed, by the
rules of common law, of things that adhere to the
freehold; and why is the severance of them
merely trespass by common law; but in what
cases may the taking them away amount to
larceny 232, 233.

12. And now, by statute 4 Geo. II. c. 32, how
are what offences of this nature punished; and
what is enacted by three statutes of Geo. III. as
to the offence of stealing any trees, roots, shrubs,
or plants? 233, 234.

13. What instance of stealing out of mines is
punished by statute 25 Geo. II. c. 10; and how?
234.

14. Why is it no felony to steal writings re-
lating to a real estate? 234.

15. Upon what footing are bonds, bills, and
notes put by the statute 2 Geo. II. c. 25; and
what is enacted as to embezzlements at the Bank
of England, South Sea Company, and post-office,
by statutes 15 Geo. II. c. 13, 24 Geo. II. c. 11,
and 7 Geo. III. c. 50? 234, 235.

16. When may larceny be committed of animals
feræ naturæ; and what is enacted on this sub-
ject by statutes 9 Geo. I. c. 22, 16 Geo. III. c.
30, and 5 Geo. III. c. 14? 235, 236.

17. Of what animals domitiæ naturæ can larceny
be committed; and what is enacted by statute
10 Geo. III. c. 18 as to dog-stealing? 236.

18. Can larceny be committed if the owner be
unknown? 236.

19. When only is stealing a corpse felony?
236, 237.

20. How is simple larceny, whether grand or
petit, punished; and how is the punishment for
the latter offence mitigated? 238, 239.

21. But in what cases of simple larceny is the
benefit of clergy taken away by statute; and why?
239, 240.

22. What is mixed, or compound, larceny ? 240.
23. What is larceny from the house; in what
four domestic aggravations of larceny above the
value of twelvepence is the benefit of clergy
denied, and to whom ; in what two larcenies to the
value of five shillings, and in what one to the
value of forty shillings? 241, 242.

24. Of what two sorts is larceny from the
person? 242.

25. How is the offence of privately stealing
from a man's person punished? 242.

26. What three requisites are there to the
offence of open and violent larceny from the
person, or robbery; and how, and in whom, is it
now in all cases punished? 243, 244.

27. What is the malicious mischief which the
law considers as a public crime? 244.

28. What is enacted by statute 22 Hen. VIII.
c. 11 as to destroying the powdike in the fens
of Norfolk and Ely; what offence is it to destroy
the sea-banks, river-banks, public navigations,
and bridges erected by virtue of many acts of
parliament; what does the statute 43 Eliz. c. 13
enact for preventing rapine on the northern
borders, and what is blackmail; what is enacted
by the statutes 22 & 23 Car. II. c. 7 as to burn-
ing or destroying corn, hay, &c., or killing cat-
tle; 4 & 5 W. and M. c. 23 as to burning on any
waste between Candlemas and midsummer; 1
Anne, st. 2, c. 9 and 4 Geo. I. c. 12 as to de-
stroying ships to the prejudice of the owners
and insurers; 12 Anne, st. 2, c. 18 as to damaging
ships in distress; 1 Geo. I. c. 46 as to setting on
fire underwood; 6 Geo. I. c. 23 as to defacing
the garments of persons passing in the streets;
by the Waltham black-act, extended to what by
9 Geo. III. c. 29; by 6 Geo. II. c. 37 and 10
Geo. II. c. 32 as to the cutting down banks,
cutting hop-binds, or firing coal-mines; 11 Geo.
II. c. 22 as to deterring buyers of corn, seizing
corn-carriages or horses, or spoiling corn; 28
Geo. II. c. 19 as to firing furze in any forest or
chase; 6 Geo. III. c. 36 & 48 and 13 Geo. III.
c. 33 as to destroying trees or plants; 9 Geo.
III. c. 29 as to the destroying mine-engines or
enclosure-fences; and 13 Geo. III. c. 38 as to
destroying the Plate-Glass Company's property?
245-257.

29. What is forgery, or the crimen falsi? 247.
30. What forgeries have been capitally pu-
nished by a multitude of statutes since the
Revolution, when paper credit was first esta-
blished? 248, 249.

31. What do several statutes of Geo. III.
enact as to forgeries of standard plate-marks,
frauds on the stamp-duties, counterfeiting the
Plate-Glass Company's seal, and forging the
superscription of a letter in order to avoid the
payment of the postage? 249.

32. What is enacted by statute 2 Geo. II. c.
25 as to the forgery of deeds, wills, notes, &c. ;
and by statutes 7 Geo. II. c. 22 and 18 Geo. III.
c. 18 as to acceptances of bills of exchange, or
the number or principal sum of any accountable
receipt for any security for money, or any order
for the payment of money for the delivery of
goods? 249, 250.

CHAP. XVIII.-Of the Means of preventing Of-
fences.

1. How may crimes and misdemeanours be pre-
vented? 251.

2. In what does this security consist? 252,
253.

3. Who may demand it; to whom may it be
granted; what is a writ called a supplicavit; and
how ought feme-coverts and infants to find se-
curity? 253, 254.

4. In what four ways may a recognizance be
discharged? 254.

5. For what causes is a recognizance for the
peace grantable; what is called swearing the
peace against another; and what if the party
do not find such sureties as the justice shall re
quire? 254, 255.

7. Whom are the justices empowered by the
statute 34 Edw. III. c. 1 to bind over to their
good abearance, or behaviour, towards the king and
his people; who are holden to be comprised under
the general words of this expression; and what
if the justice commit a man for want of sureties?

256.

8. How may such recognizances be forfeited?
257.

CHAP. XIX. -Of Courts of a Criminal Juris-

diction.

1. In discussing the method of inflicting pu-
nishments, what two things are to be considered?
258.

2. Of what two natures are the several courts
of criminal jurisdiction? 258.

3. In what degree are these criminal courts in-
dependent of each other; and why are they so;
and which are the twelve public ones, ranking
them for this reason according to their dignity
258, 259, 261, 265, 268, 269, 271, 273-275.

4. Who are tried by the high court of parliament,
how, and for what offences; and what is enacted
by statute 12 & 13 W. III. c. 2 as to any plea of
pardon under the great seal? 259–261.

5. For what is the court of the lord high stew-
ard of Great Britain instituted; how, and to
whom, is the office now granted; what is the
only plea a peer may plead in the court of king's
bench; what is the form of proceeding in case
of a trial in the court of the lord high steward;
and what does the statute 7 W. III. c. 3 enact
as to the number of peers who shall vote on the

trial? 261-263.

delivery, directed; who are of the quorum, and
what are they empowered to do? 270.

16. When are special commissions of oyer and
terminer and gaol-delivery issued? 271.

17. Can a man act as judge, or other lawyer, in
these commissions, within his own county, where
he was born or has inhabited? 271.

18. When, and before whom, must the couT
of general quarter sessions of the peace be held;
and what is its jurisdiction and mode of pro-
ceeding; is there any appeal from its orders,
upon motion; and who has the custody of its
records or rolls? 271, 272.

19. What other quarter sessions are kept in
most corporation towns; and in what one instance
only have they, by statute 8 & 9 W. III. c. 30,
the same authority as the general quarter ses-
sions of the county; and for what purposes, in
both corporation towns and counties, is a special or
petty session held, by whom? 272, 273.

20. What is the sheriff's tourn, or rotation; and
when is it held? 273.

21. What is the court-leet, or view of frank-
pledge; when, and before whom, is it held;
whence is its origin; what is the jurisdiction of
both the sheriff's tourn and this court; who are
obliged to attend them; what has occasioned
them to grow into disrepute; and where hath
their business greatly devolved? 278, 274.

22. What is the object of the jurisdiction of
the court of the coroners? 274.

23. To what is the court of the clerk of the
market incident; what is the object of its juris-
diction; whence is the officer called the clerk;
and what punishments has he authority to in-
flict? 275.

24. What are the three private or special courts
of criminal jurisdiction? 276, 277.

25. For what purpose was the court of the

household instituted by statute 3 Hen. VII. c. 14;
and what is the course of its proceedings ? 276.

7. Have bishops a right to sit in the court of
the lord high steward; and what do they, in point
of fact? 264, 265.

8. What is the cognizance of the crown side
of the court of king's bench; and what is the
effect of the coming of this court into any county?
265.

9. What was the court of starchamber; and
whither hath reverted all that was good and
salutary of its jurisdiction? 266, 267.

10. When was the court of chivalry a criminal
court; and what used to be its jurisdiction then?
268.

11. What criminal cognizance has the court of
admiralty; and what is the method of its trials
by statute 28 Hen. VIII. c. 15? 268, 269.

12. Before whom, and when, are the courts of
oyer and terminer, and general gaol-delivery, held?
269.

13. By virtue of what five several authorities
to the judges sit at what is usually called the
seizes, two of which are of a civil nature and
have been before explained? 269.

14. Who are bound to attend the third, which
Is the commission of the peace? 270.

15. To whom are the fourth and fifth commis-

26. For what purpose was the court of the
lord steward of the king's household, or, in his
absence, of the treasurer, comptroller, and steward
of the marshalsea, erected by statute 33 Hen.
VIII. c. 12; and what is the course of its pro-
ceedings? 276.

27. What is the jurisdiction of the criminal
courts of the two universities, or their chancellors'
courts; what is the jurisdiction of the court of
the lord high steward of the university (of Ox-
ford, by charter of 7 June, 2 Hen. IV., con-
firmed by statute 13 Eliz. c. 29); by whom must
he be nominated and approved; and what is the
course of proceeding when any indictment is
found against any person privileged by the uni-
versity? 277, 278.

CHAP, XX.-Of Summary Convictions.

1. INTO what two kinds are the proceedings in
the courts of criminal jurisdiction divisible? 280.

2. What is meant by a summary proceeding;
and what are the three branches of summary
proceedings ? 280–283.

3. By whom are all trials of offences and frauds
contrary to the laws of excise and other branches
of the revenue determined? 281.

4. What offences are punished in a summary

way by justices of the peace; and to what three
mischievous effects does the system give rise?
281, 282.

5. What is the process of these summary con-
victions; but what check has the common law
thrown upon them which is now held to be an
absolute requisite to them? 282, 283.

6. Of what two sorts are the contempts which
are immemorially punished in the summary way
of attachment by the superior courts of justice? 283.
7. Of what seven kinds are the principal in-
stances of either sort? 284, 285.

8. Why is the attachment for the species of
contempt arising from the disobedience to any
rule or order of court by parties to any proceeding
not affected by a general act of pardon; and
how may obedience, by statute 10 Geo. III. c.
50, be enforced against any person having pri-
vilege of parliament? 285.

9. What does the statute of Westminster 2,
13 Edw. I. c. 39, ordain as to resistance of the
process of the king's courts? 286.

10. What if the contempt be committed in the
face of the court; and what is the course of
proceeding in matters that arise at a distance?
286, 287.

11. What if the party refuse to answer the
interrogatories upon oath of the court? 287.

12. What if the party can clear himself upon
path; but what if he perjure himself? 287.

CHAP. XXI.-Of Arrests.

1. UNDER what twelve general heads, following
each other progressively, may the regular and
ordinary proceedings in the courts of criminal ju-
risdiction be distributed? 289.

2. What is arrest; who are liable to it in
criminal cases; what charges will justify it; and
in what four ways may be made? 289.

3. By whom may a warrant be granted, and in
what cases ordinarily; upon what only should
it be granted; what is requisite to its legality;
what is a special, and what a general, warrant ;
and when, by statute 24 Geo. II. c. 44, is the
officer who executes a warrant indemnified? 290,

291.

4. Whither does a warrant from a justice of the
court of king's bench extend; and where is it
teste'd, or dated? 291.

5. But what must take place before the war-
rant of a justice of the peace in one county can be
executed in another; and what is enacted on
this subject by statute 13 Geo. III. c. 31? 291,

292.

6. By what five officers may arrests be exe-
cuted withou. warrant? 292.

7. When is any private person bound to make
an arrest, on what pain; and what is he justified
in doing in order to such arrest; but what if
the arrest be only upon suspicion? 293.

8 What is arrest by hue (from huer, to shout)
and cry (hutesium et clamor); what does the sta-
tute of Winchester, 13 Edw. I. c. 1 & 4, direct
relative to this matter; what is the foundation
of an action against the hundred in case of any
loss by robbery; what does the statute 27 Eliz.
c. 13 enact as to the sufficiency of hue and cry;
and what that of Geo. II. c. 16 if an officer re-
fuge or neglect to make it; by whom may it be
raised what powers has the constable in its

prosecution; and what if it be wantonly and
maliciously raised without cause? 293, 294.

9. What rewards and immunities are bestowed
on such as apprehend felons; by statutes 4 & 5
W. and M. c. 8 and 8 Geo. II. c. 16, as to highway-
men; by statutes 6 & 7 W. III. c. 17 and 15 Geo.
II. c. 28 as to offenders against the coinage,
statutes 10 & 11 W. III. c. 23 and 5 Anne, c. 31
as to burglars; by statute 6 Geo. I. c. 23 as to
helpers of others to their stolen goods, for re-
ward; by statutes 14 Geo. II. c. 6 and 15 Geo.
II. c. 34 as to sheep-stealers; and by statutes
16 Geo. II. c. 15 and 8 Geo. III. c. 15 as to pre-
mature returners from transportation? 295.

CHAP. XXII.-Of Commitment and Bail.

1. WHAT is the justice before whom a prisoner
is brought bound to do by statute 2 & 3 Ph. and M.
c. 10; and in what cases only is it lawful totally
to discharge him? 296.

2. When must he be committed to prison; and
when ought bail to be taken? 296, 297.

3. What offence is it by the common law, as well
as by the statute Westminster 1 and the habeas
corpus act, to refuse or delay to bail any person
bailable; and what is expressly declared as to
excessive bail by statute 1 W. and M. st. 2, c. 1?
297.

4. On the other hand, what if the magistrate
take insufficient bail? 297.

5. Upon what ten accusations are persons
clearly not admissible to bail by the justices?
298, 299.

6. Upon what three accusations do persons
seem to be in the discretion of the justices whe-

ther bailable or not? 299.

7. Upon what three accusations must persons
be bailed upon offering sufficient security?
299.

8. But who may bail for any crime whatsoever,
except only persons committed by whom? 299,
300.

9. This imprisonment being only for safe cus
tody, what is the gaoler not justified in doing?
300.

CHAP. XXIII.-Of the several Modes of Prose

cution.

1. In what two ways are offenders prosecuted,
or formally accused? 301.

2. By one of what two proceedings is the former
way of prosecution? 801.

3. What is a presentment, properly speaking?
301.

4. What is an inquisition of office; and of what
two kinds? 301, 302.

5. What is an indictment? 602.

6. Of whom are the grand jury composed; by
whom are they instructed, or charged; and what
evidence only are they to hear? 302, 303.

7. In what case only can the grand jury in-
quire of a fact done out of that county for which
they are sworn; and what is enacted by the sta-
tute 2 & 3 Edw. VI. c. 24 when a man is wounded
in one county and dies in another; by statute 2
Geo. II. ~. 21 if the stroke or poisoning be in
England and the death out of it, or vice versû;
by several statutes of Hen. VIII. and Edw. VI.
where treason is committed out of the realm; by

two statutes of Hen. VIII. as to offences against
the coinage committed in Wales; by statute 33
Hen. VIII. c. 23 as to trials for murder by the
king's special commission; by statute 10 & 11 W.
III. c. 25 as to capital crimes committed in New-
foundland; by statute 9 Geo. I. c. 22 as to offences
against the black-act; by statutes 8 Geo. II. c. 20
and 13 Geo. III. c. 84 as to felonies in destroying
turnpikes or river-works; by statute 26 Geo. II. c.
19 as to stealing from vessels wrecked or in distress;
by statute 12 Geo. III. c. 24 as to destroying the
king's ships out of this realm; and by statute 13
Geo. III. c. 63 as to misdemeanours committed in
India? 303, 305.

8. In what cases is the offence to complete in
two counties or parts of the kingdom, that the
offender may be indicted in either? 305.

9. What do the grand jury if, having heard
the evidence, they think the accusation ground-
less; may a fresh bill be preferred; and what
do they if they be satisfied of the truth of the
accusation? 305.

10. But what number of the grand jury must
agree in order to find a bill? 306.

11. What three things must be precisely and
sufficiently ascertained in an indictment? 306.

12. What is enacted by statute 1 Hen. V. c. 5
as to the identification of the person; in what
case is a mistake in the time and place not held
to be material; but when is it very material that
the indictment should name the time? 306.

13. In what crimes must particular words of
art be used which are so appropriated by law to
express the precise ideas which it entertains of
the offence that no other words, however syno-
nymous they may seem, are capable of doing
it? 307.

14. In what cases, in indictments for murder,
need not the length and depth of the wound be
expressed; and when is it necessary that the
thing which is the subject or instrument of the
offence should be expressed? 307.

24. What are the only two appeals Low I
force? 314.

25. For what crimes against the parties them-
selves may appeals be instituted; what is the
only crime against one's relation for which an
appeal can be brought; and by what relations
only can this be brought? 314.

26. What if the wife marry again, before,
pending, or after judgment of her appeal; when
shall the heir, and when shall the wife, not have
the appeal; what if there be no wife, and the
heir be accused of the murder; and within what
time, by the statute of Gloucester, must all ap-
peals of death be sued? 314, 315.

27. If the appellee be acquitted, can he be
afterwards indicted for the same offence; and if a
man be acquitted on an indictment of murder, or
found guilty, and pardoned by the king, what, in
strictness, ought to happen, by virtue of the sta-
tute 3 Hen. VII. c. 1; but what if he have been
found guilty of manslaughter on an indictment,
and have had the benefit of clergy and suffered
the judgment of the law? 315.

28. What shall the appellor suffer, by virtue
of the statute of Westminster 2, if the appelles
be acquitted? 316.

29. If the appellee be found guilty, what judg-
ment shall he suffer, with what remarkable dif-
ference from the consequences of a conviction by
indictment? 316.

CHAP. XXIV.-Of Process upon an Indictment

1. Ir the offender have fled, or secrete himself,
in capital cases, or have not, in smaller misde
meanours, been bound over to appear at the as-
sises or sessions, may an indictment be preferred
against him in his absence; can he be tried
although he do not personally appear; and what
is the express provision of statute 28 Edw. III.
c. 3 318.

16. What was the proceeding when a thief was
taken with the mainour; and when does a simi-
lar process remain to this day? 307, 308.

17. Of what two sorts are informations; and
what are the limitations of prosecutions upon
penal statutes, by statute 31 Eliz. c. 5? 308.

18. Of what two kinds are the informations
which are exhibited in the name of the king
alone; by whom are they respectively filed;
what are their respective objects; and by whom
must they be tried, and by whom punished? 308,
309.

19. But to what are these informations con-
fined? 310.

20. What is enacted by statute 4 & 5 W. and
M. c. 18 as to informations exhibited by the
master of the crown-office; but what as to informa-
tions at the king's own suit, filed by the attorney-
general? 311, 312.

21. Is there not still another species of in-
formation? 312.

22. What is the method of criminal prosecution
which is merely at the suit of the subject by
peal; and why has it fallen into disuse? 312, 313.
23. What is the origin of an appeal; and what
as a weregild? 313, 314.

4. One of what two circumstances is incident
to every arraignment? 324.

5. In what three cases is a prisoner said to
stand mute? 324.

6. What ought the court to do if the prisoner
say nothing; and what if he appear to be dumb
ex visitatione Dei, in which case, can judgment of
death be given against him? 324, 325.

7. But what hath long been clearly settled if
he be found to be obstinately mute, in high treason,
petit larceny, and all misdemeanours; and what,
by the ancient law, in appeals or indictments for
other felonies or petit treason? 325.

8. What was trina admonitio; was the benefit
of clergy allowed to an obstinate mute; and what
was the sentence of peine (prisone) forte et dure?
325, 327.

9. Was the trial by rack ever attempted to be
introduced into England? 326.

4. What is a plea to the jurisdiction; and when
may it be made? 333.

5. When is a demurrer to the indictment in-
cident to criminal cases; what if the point of
law be adjudged against the prisoner; and why
are demurrers to indictments seldom used? 333,
334.

6. For what principally is a plea in abatement;
but why, in the end, does little advantage accrue
to the prisoner by means of these dilatory pleas?
334, 335.

7. What are special pleas in bar; of what four
kinds as applicable to both appeals and indict-
ments? 335.

8. Upon what universal maxim of the common
law is the plea of autreforts acquit grounded; is
an acquittal on an appeal a good bar to an indict-
ment on the same offence, and vice versâ, taking
into consideration what was enacted by the sta-
tute 3 Hen. VII. c. 1 to prevent the practice of
not trying any person on an indictment of homi-
cide till after the year and day within which
appeals may be brought were past, by which
time it often happened that the witnesses died or
the whole was forgotten? 335, 336.

9. When, and of what, is the plea of autrefoits
convict a good plea in bar? 336.

10. Of what is the plea of autrefoits attaint a
good plea in bar; and wherefore does it differ
from the former two pleas? 336.

11. But what four exceptions are there to this
general rule, wherein, cessante ratione, cessat et
ipsa lex; and from these instances what inva-
riable requisite to the validity of a plea of autre-
foits attaint may we collect? 336, 337.

11. What is the consequence of the prisoner's
simple confession of the indictment? 329..

12. But what is confession by way of approve- |
ment; who is the approver or prover, probator,
and who is the appellee; in what offences only
can an approvement be; to what does it amount;
and what if the appellee be acquitted? 329, 330.
13. Why has the admission of approvements
been long disused by courts of justice; and how
is all the good arising from the method of ap-
provements provided for by several statutes in
the cases of coining, robbery, burglary, house-
breaking, horse-stealing, and larceny to the value
of 5s. from shops, stables, &c., and by statute
29 Geo. II. c. 30 in case of metal-stealing? 330,
331.

14. What is the usual practice, too, of justices
of the peace as to admitting what is generally
termed king's evidence? 331.

CHAP. XXVI. Of Plea and Issue.

1. WHAT is the plea of the prisoner; in what
cases does he plead; and of what five kinds is
the plea? 332.

2. What was the plea of sanctuary; when
might a criminal claim sanctuary; what did it
superinduc; and when was the whole privilege
abolished? 332, 333.

3. Was there not another declmatory plea,
which was used to be pleaded before trial or con-
viction 2 333.

VOL. II.-45

13. Wherein do special pleas in bar differ in
criminal prosecutions and in civil actions, and why;
and when a prisoner's plea in bar is found or ad-
judged against him, what shall he have; for
what is the only plea in consequence whereof
death can be inflicted? 338.

14. In cases of what indictments can there be
no special justification put in by way of plea, and
why; and why is the general issue not guilty, non
culpabilis or nient culpable, the most advantageous
plea for a prisoner? 338, 339.

15. How does the commentator explain the
abbreviations of "non cul.," which was formerly
used to be written upon the minutes when the
prisoner had pleaded not guilty, and "cul. prit.,"
the replication on behalf of the king, by which
issue was joined, and which, from the circum-
stance of the clerk of the arraigns immediately
inquiring of the prisoner, "cul. prit, how wilt
thou be tried?" is commonly understood as if
he had fixed an opprobrious name on the pri-
soner? 339, 340.

16. But what is Mr. J. Christian's conjec-
ture as to the word prit? See his note to this
chapter.

17. To what only has this form of inquiry
reference at present; what can be the only trial
upon indictments since the abolition of ordeal;
and therefore what if the prisoner refuse to put
himself upon the inquest in the usual form? 340.
341.

705