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ment.

excuse.

AND

AGAINST

I. Owling. Penalties: fines; forfeitures; are, I. Against their persons. II. Against imprisonment; loss of left hand; trans- their habitations. III. Against their proportation; judgment of felony. II.

perty.......

......... Page 176 Smuggling. Penalties: fines; loss of 2. Crimes against the persons of individuals goods; judgment of felony, without cler- are, I. By homicide, or destroying life. gy. III. Fraudulent bankruptcy. Pe- II. By other corporal injuries..... 177 nalty: judgment of felony, without clergy. 3. Homicide is, I. Justifiable. II. ExcusaIV. Usury. Penalty: fine and imprison- ble. III. Felonious......

178 V. Cheating. Penalties: fine; 4. Homicide is justifiable, I. By necessity, imprisonment; pillory; tumbrel; whip- and command of law. II. By permission ping, or other corporal punishment; of law: 1st, for the furtherance of public transportation. Vi. Forestalling. VII. justice; 2dly, for prevention of some forRegrating. VIII. Engrossing. Penal- cible felony...

173 ties, for all three: loss of goods; fine; 5. Homicide is excusable, I. Per infortunium, imprisonment; pillory. IX. Monopolies, or by misadventure. II. Se defendendo, and combinations to raise the price of or self-defence, by chance-medley. Pecommodities. Penalties : fines; imprison- nalty, in both: forfeiture of goods; which ment; pillory; loss of ear; infamy; and, however is pardoned of course

182 sometimes, the pains of præmunire. X. 6. Felonious homicide is the killing of a Exercising a trade, not having served as human creature without justification or apprentice. Penalty: fine. XI. Trans

This is, I. Killing one's self. porting, or residing abroad, of artificers. II. Killing another.......

188 Penalties: fine; imprisonment; forfeiture; 7. Killing one's self, or self-murder, is where incapacity; becoming aliens...... Page 154-160 one deliberately, or by any unlawful ma

licious act, puts an end to his own life. CHAPTER XIII.

This is felony; punished by ignominious OF OFFENCES AGAINST THE PUBLIC HEALTH, burial, and forfeiture of goods and chatTHE PUBLIC POLICE OR tels.........

189 ECONOMY

........161 to 175 8. Killing another is, I. Manslaughter. II. 1. Offences against the public health are,

Murder ......

190 I. Irregularity in time of the plague or

9. Manslaughter is the unlawful killing of of quarantine. Penalties: whipping;

another;

without malice, express or imjudgment of felony, with and without plied. This is either, I. Voluntary, upon clergy. II. Selling unwholesome provi- a sudden heat. II. Involuntary, in the sions. Penalties: amercement; pillory;

commission of some unlawful act. Both fine; imprisonment; abjuration of the are felony, but within clergy; except in town

........ 161-162
the case of stabbing.........

...... 191 2. Offences against the public police and

10. Murder is when a person of sound meeconomy, or domestic order of the king- mory and discretion unlawfully killeth dom, are, I. Those relating to clandestine any reasonable creature, in being and and irregular marriages. Penalties: judg- under the king's peace; with malice aforement of felony, with and without clergy. thought, either express or implied. This II. Bigamy or (more properly) polygamy.

is felony, without clergy; punished with Penalty: judgment of felony. III. Wan- speedy death, and hanging in chains or dering, by soldiers or mariners. IV. Re

dissection

194 maining in England by Egyptians, or

11. Petit treason (being an aggravated being in their fellowship one month.

degree of murder) is where the servant Both these are felonies, without clergy.

kills his master, the wife her husband, V. Common nuisances: 1st, by annoy

or the ecclesiastic his superior. Penalty: ances or purprestures in highways, bridg- in men, to be drawn and hanged; in es, and rivers; 2dly, by offensive trades women, to be drawn and burned...... ...... 203 and manufactures; 3dly, by disorderly

CHAPTER XV. houses; 4thly, by lotteries; 5thly, by cottages; 6thly, by fireworks: 7thly, by OF OFFENCES AGAINST THE PERSONS OF INeavesdropping. Penalty, in all: fine.

..205 to 219 8thly, by common scolding. Penalty : 1. Crimes affecting the persons of indivithe cucking-stool. VI. Idleness, dis- duals, by other corporal injuries not oriler, vagrancy, and incorrigible roguery. amounting to homicide, are, I. Mayhem; Penalties: imprisonment; whipping; judg- and also shooting at another. Penalties: ment of felony. VII. Luxury in diet. fine; imprisonment; judgment of felony, Penalty: discretionary. VIII. Gaming. without clergy. II. Forcible abduction, Penalties: to gentlemen, fines; to others, and marriage or defilement, of an heiress; fine and imprisonment; to cheating games- which is felony: also, stealing, and deters, fine, infamy, and the corporal pains flowering or marrying, any woman-child of perjury. IX. Destroying the game. under the age of sixteen years; for which Penalties: fines; and corporal punish- the penalty is imprisonment, fine, and ment......

.....162-175 temporary forfeiture of her lands. III.

Rape; and also carnal knowledge of a CHAPTER XIV.

woman-child under the age of ten years. OF HOMICIDE.

.176 to 203 IV. Buggery, with man or beast. Both I Crimes especially affecting individuals these are felonies, without clergy. V.

DIVIDUALS.

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 ........

Page 205-219

CHAPTER XVI. (F OFFENCES AGAINST THE HABITATIONS OF INDIVIDUALS.

.220 to 222 1 Crimes affecting the habitations of indi

Fiduals are, I. Arson. II. Burglary ...... 220 2. Arson is the malicious and wilful burn

ing of the house, or out-house, of another man. This is felony ; in some cases within, in others without, clergy... 220 3. Burglary is the breaking and entering, by night, into a mansion-house, with intent to commit a felony. This is felony, without clergy.

222

dwelling-house or its out-houses, without
breaking, and though no person be
therein

.Page 239 6. Larceny from the person is, I. By pri

vately stealing from the person of an-
other, above the value of twelvepence.
II. By robbery; or the felonious and
forcible taking, from the person of an-
other, goods or money of any value,
by putting him in fear. These are both
felonies without clergy. An attempt to
rob is also felony...

241 7. Malicious mischief, by destroying dikes,

goods, cattle, ships, garments, fish-
ponds, trees, woods, churches, chapels,
meeting-houses, houses, out-houses,
corn, hay, straw, sea or river banks,
hop-binds, coal-mines, (or engines there-
unto belonging,) or any fences for en-
closures by act of parliament, is felony,
and, in most cases, without benefit of
clergy ....

243 8. Forgery is the fraudulent making or

alteration of a writing, in prejudice of
another's right. Penalties: fine; impri-
sonment; pillory; loss of nose and ears;
forfeiture; judgment of felony, without
clergy..

247

CHAPTER XVII.
OF OFFENCES AGAINST PRIVATE PROPERTY..

229 to 247 1. Crimes affecting the private property of individuals are, I. Larceny. II. Malicious mischief. III. Forgery

229 2. Larceny is, I. Simple. II. Mixed, or compound.....

229 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 twelvepence. Which is felony; in some cases within, in others without, clergy. II. Petit larceny; to the value of twelvepence or under. Which is also felony, but not capital; being punished with

whipping, or transportation ....... 229 4. Mixed, or compound, larceny, is that

wherein the taking is accompanied with the aggravation of being, I. From the house. II. From the person.

239 5. Larcenies from the house, by day or night, are felonies without clergy, when they are, I. Larcenies, above twelvepence, from a church ;-or by breaking

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 dwelling-house 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, 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. Larcenies, of forty shillings, from a

VOL. II.-B

CHAPTER XVIII,
OF THE MEANS OF PREVENTING OFFENCES...

251 to 256 1. Crimes and misdemeanours may be pre

vented by compelling suspected persons to give security: which is effected by binding them in a conditional recognizance to the king, taken in court, or by a magistrate out of court

251 2. These recognizances may be conditioned, I. To keep the peace.

II. To be of the good behaviour.....

252 3. They may be taken by any justice or

conservator of the peace, at his own discretion; or the request of such as are entitled to demand the same ......

253 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........... 256

CHAPTER XIX.

OF COURTS OF A CRIMINAL JURISDICTION...

258 to 277 1. In the method of punishment may be

considered, I. The several courts of cri-
minal jurisdiction. II. The several pro-
ceedings therein......

258 2. The criminal courts are, I. Those of a

public and general jurisdiction through-
out the realm. II. Those of a private
and special jurisdiction........

258 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

or

III.

of King's Bench. IV. The court of chi- son-breakers, when committed for felony. valry. V. The court of admiralty, under V. Outlaws. VI. Those who have abthe king's commission. VI. The courts jured the realm. VII. Approvers, and of oyer and terminer and general gaol- appellees. VIII. Persons taken with the delivery. VII. The court of quarter

mainour. IX. Persons accused of arson sessions of the peace. VIII. The she- X. Excommunicated persons........... Page 298 riff's tourn. IX. The court-leet. X. 4. The magistrate may, at his discretion, The court of the coroner. XI. The court admit or not admit to bail persons not

of the clerk of the market......... Page 258–275 of good fame, charged with other felo1. Private criminal courts are, I. The court nies, whether as principals or as acof the lord steward, &c. by statute of cessories....

299 Henry VII. II. The court of the lord 5. If they be of good fame, he is bound to steward, &c. by statute of Henry VIII. admit them to bail.......

299 III. The university courts ............... 275–277 6. The court of King's Bench, or its judges

in time of vacation, may bail in any case CHAPTER XX. whatsoever..........

299 OF SUMMARY CONVICTIONS... ............... 280 to 288 1. Proceedings in criminal courts are, I.

CHAPTER XXIII. Summary. II. Regular........

280

OF THE SEVERAL MODES OF PROSECUTION.... 2. Summary proceedings are such, where

301 to 312 by a man may be convicted of divers

1. Prosecution, or the manner of accusing offences, without any formal process or

offenders, is either by a previous finding jury, at the discretion of the judge or

of a grand jury, as, I. By presentment. judges appointed by act of parliament,

II. By indictment. Or, without such or common law .....

280
finding, III. By information.

IV. By 3. Such are, I. Trials of offences and frauds

appeal......

301 against the laws of excise and other

2. A presentment is the notice taken by a branches of the king's revenue. II. Con

grand jury of any offence, from their own victions before justices of the peace upon a variety of minute offences, chiefly

knowledge or observation .......... ........ 301

3. An indictment is a written accusation of against the public police. III. Attach

one or more persons of a crime or misments for contempts to the superior

demeanour, preferred to, and presented courts of justice...

..281-288

on oath by, a grand jury; expressing,

with sufficient certainty, the person, CHAPTER XXI. time, place, and offence....

302 OF ARRESTS .........

........ 289 to 295 4. An information is, I. At the suit of the i Regular proceedings in the courts of

king and a subject, upon penal statutes. common law, are, I. Arrest. II. Com

II. At the suit of the king only. Either, mitment and bail. III. Prosecution.

1. Filed by the attorney-general ex officio, IV. Process. V. Arraignment, and its

for such misdemeanours as affect the incidents. VI. Plea and issue. VII. king's person or government; or, 2. Filed Trial and conviction. VIII. Clergy.

by the master of the crown-office (with IX. Judgment, and its consequences.

leave of the court of King's Bench) at the X. Reversal of judgment. XI. Reprieve,

relation of some private subject, for other or pardon. XII. Execution .......

289 gross and notorious misdemeanours. All 2. An arrest is the apprehending, or re

differing from indictments in this : that straining, of one's person, in order to

they are exhibited by the informer, or be forthcoming to answer a crime where- the king's officer, and not on the oath of of one is accused or suspected ............... 289

a grand jury...

....307-512 8. This may be done, I. By warrant. II. 5. An appeal is an accusation, or suit,

By an officer,' without warrant. III. brought by one private subject against By a private person, without warrant. another, for larceny, rape, mayhem, IV. By hue and cry.. ..... .289-295

arson, or homicide: which the king can

not discharge or pardon, but the party CHAPTER XXII. alone can release.....

312 OF COMMITMENT AND BAIL........... .296 to 299

CHAPTER XXIV. 1. Commitment is the confinement of one's

person in prison for safe custody by OF PROCESS UPON AN INDICTMENT ......318 to 320 warrant from proper authority; unless, 1. Process to bring in an offender, when in bailable offences, he puts in sufficient indicted in his absence, is, in misdebail, or security for his future appear- meanours, by venire facias, distress infiance .......

295 nite, and capias; in capital crimes, by ca2. The magistrate is bound to take reason- pias only; and, in both, by outlawry... 318-320

able bail, if offered; unless the offender 2. During this stage of proceedings, the be not bailable....

296 indictment may be removed into the 3 Such are, I. Persons accused of treason; court of King's Bench from any inferior

or, II. Of murder; or, III. Of man- jurisdiction, by writ of certiorari facias : slaughter, by indictment; or if the pri- and cognizance must be claimed in places soper was clearly the slayer. IV. Pri- of exclusive jurisdiction.........

320 CHAPTER XXV.

4. Felons, on receiving the benefit of clergy,

(though they forfeit their goods to the OF ARRAIGNMENT, AND ITS INCIDENTS ...

crown,) are discharged of all clergyable Page 321-331

felonies before committed and restored 1. Arraignment is the calling of the pri

in all capacities and credits.........

Page 374 soner to the bar of the court, to answer the matter of the indictment......

221 2. Incident hereunto are, I. The standing

CHAPTER XXIX. mute of the prisoner; for which, in petit

OF JUDGMENT, AND ITS CONSEQUENCES...... treason, and felonies of death, he shall

375 to 389 undergo the peine forte et dure. II. His confession: which is either simple; or by

1. Judgment (un.ess any matter be offered

in arrest thereof) follows upon convicway of approvement....... .... 324–331

tion; being the pronouncing of that punCHAPTER XXVI.

ishment which is expressly ordained by law...........

376 ? Plea, AND ISSUE......... ......332 to 341 2. Attainder of a criminal is the immediate !. The pleas or defensive matter alleged by consequence, I. Of having judgment of the prisoner, may be, I. A plea to the death pronounced upon him. II. Of jurisdiction. II. A demurrer in point of

outlawry for a capital offence............... 380 law. III. A plea in abatement. IV. A 3. The consequences of attainder are, I. special plea in bar: which is, 1st, autre

Forfeiture to the king. II. Corruption foits acquit; 2dly, autrefoits convict ; 3dly,

of blood..

381 autrefoits attaint; 4thly, a pardon. V.

4. Forfeiture to the king is, I. Of real The general issue, not guilty. ,,332–341 estates, upon attainder:-in high-trea2. Hereupon issue is joined by the clerk of son, absolutely, till the death of the late the arraigns on behalf of the king 341 pretender's sons;-in felonies, for the

king's year, day, and waste ;-in mispriCHAPTER XXVII.

sion of treason, assaults on a judge, or

battery sitting the courts ; during the life Or TRIAL, AND CONVICTION ...............342 to 363 of the offender. II. Of personal estates, 1. Trials of offences, by the laws of Eng- upon conviction ; in all treason, mispriland, were and are, I. By ordeal, of either sion of treason, felony, excusable homifire or water. II. By the corsned. Both cide, petit larceny, standing mute upon these have been long abolished. III. By arraignment, the above-named contempts battel, in appeals and approvements. IV. of the king's courts, and flight .........381-388 By the peers of Great Britain. V. By 5. Corruption of blood is an utter extincjury..

..342-349 tion of all inheritable quality therein: 2. The method and process of trial by jury so that, after the king's forfeiture is first is , I. The impanelling of the jury. II. satisfied, the criminal's lands escheat to Challenges: 1st, for cause; 2dly, pe- the lord of the fee; and he can never remptory. III. Tales de circumstantibus. afterwards inherit, be inherited,

or IV. The oath of the jury. V. The evi- have any inheritance derived through dence. VI. The verdict, either general

him....... or special............

........ .........850–361 3. Conviction is when the prisoner pleads,

CHAPTER XXX. or is found, guilty: whereupon, in felonies, the prosecutor is entitled to, I. OF REVERSAL OF JUDGMENT.... .......390 to 392 His expenses. II. Restitution of his 1. Judgments, and their consequences, may goods

be avoided, I. By falsifying, or reversing,

the attainder. II. By reprieve, or parCHAPTER XXVIII. don..........

390

.......... 388-389

......361-363

2. Attainders may be falsified, or reversed, OF THE BENEFIT OF CLERGY............... 365 to 374 I. Without a writ of error; for matter 1. Clergy, or the benefit thereof, was ori- dehors the record. II. By writ of error ;

ginally derived from the usurped juris- for mistakes in the judgment, or record. diction of the popish ecclesiastics; but III. By act of parliament; for fahath since been new-modelled by several

.390-392 statutes...

365 3. When an outlawry is reversed, the party ?. It is an exemption of the clergy from any is restored to the same plight as if

other secular punishment for felony he had appeared upon the capias. than imprisonment for a year, at the When a judgment on conviction is recourt's discretion; and it is extended

versed, the party stands as if never likewise, absolutely, to lay peers, for the accused .....

392 first offence; and to all lay commoners, for the first offence also, upon condition

CHAPTER XXXI. of branding, imprisonment, or transporta

371 OF REPRIEVE AND PARDON.............

....... 394 to 398 | All felonies are entitled to the benefit of 1. A reprieve is a temporary suspension clergy, except such as are now ousted by of the judgment, I. Ex arbitrio judicis. particular statutes...

372 II. Ex necessitate legis; for pregnancy,

vour.....

tion......

an impeachment by the commons in parliament......

..........Page 398 CHAPTER XXXII. OF EXECUTION...

403 1. Execution is the completion of human

punishment, and must be strictly performed in the manner which the law directs

402 2. The warrant for execution is sometimes

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

408

insanity, or the trial of identity of person, which must always be tried instanter......

...... Page 394–396 2. A pardon is a permanent avoider of the

judgment by the king's majesty in offences against his crown and dignity; drawn in due form of law, allowed in open court, and thereby making the offender a new man..............

396 3 The king cannot pardon, I. Imprisonment of the subject beyond the

II. Offences prosecuted by appeal. III. Common nuisances. IV. Of. fences against popular or penal statutes, after information brought by a subject. Nor is his pardon pleadable to

seas.

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