is given in one county and the death happens in another, it is triable where the death hap If a parent or master destroy the existence of al By 2 and 3 Edw. 6. c. 24. where the wound child or servant by unmerciful and barbarous correction, or by using an instrument improper and likely to occasion death-it is murder. 85. s. 5 Accidentally to kill a man by shooting at poultry with intent to steal them is murder. 86 It is murder to kill, by going deliberately with a 89 92. s. 4 pens. 94 By 26 Hen. 8. c. 6. a murder in Wales may be 95. s. 17 And by 21 Jac. 1. c. 27. it was enacted, to Where two persons meet on a precedent quar- The several constructions which have been made upon this act. 89, 90 Homicide may be committed not only by those means which are directly mortal, but also by such as only probably and eventually will occasion death. As exposing a sick man to the inclemency of No pretence under which malice may be covered winter; or a child to the ravages of a bird of shall elude the justice of the law. ib. s. 24, 25 prey; or an innocent man to the false accusa- If a man assault another with malice, and then tions of another, on which he is condemned fly, but on being followed kill his antagonist, and executed; or to incite a madman either it is murder. to destroy his own life or that of another; or To resent provocation in a manner manifestly to lay poison for one man and it is taken endangering life, is murder if death ensues. ib. s. 27 97. s. 26 by another; or to place a prisoner in a room with another who has an infectious disease; In duelling, not only principals but seconds also or to destroy the constitution by denying a are guilty of murder, if the fight prove fatal. prisoner the decencies of nature, &c. &c. and perhaps by suffering a mischievous animal to roam abroad. ib. 98. s. 33 No words, gestures, &c. will excuse from the 92 guilt of murder. Wherever a man happens to kill another in the execution of a deliberate purpose to commit a felony, he is guilty of murder. But no person, by any act, shall be said to kill c. 21. 86 So also it is murder where not only the act of felony immediately causes the death, but where it occasionally causes such a misfortune. 100. s. 45 ib. s. 10 To kill a magistrate, &c. who interposes in a quarrel in order to suppress it, is murder. Where the wound and death are both out of the kingdom, or the one in the kingdom and the other abroad, it could not be tried by the common law; but this is remedied by 2 Geo. 2. 93, 94 Death in England of a wound given abroad, may be examined by the constable and marshal, and by 33 Hen. 8. c. 23. if examined by the privy council, the principals may be tried in any county by commissioners. 93. s. 11 A murder at sea anciently cognizable by the civil law. ib. s. 12. Now by 27 Hen. 8. c. 4. and c. 15. it may be tried before the king's commissioners, according to the common law. ib. How the killing one who dies at land of a wound received at sea shall be tried. 94 101 Where divers persons resolve generally to resist all opposers in the commission of any breach of the peace, and to execute it in such a manner as naturally tends to raise tumults and affrays, and in so doing happen to kill a man, they are all guilty of murder. ib. But the fact must appear to have been com. mitted strictly in prosecution of the purpose for which the party were assembled. ib. To kill a sheriff or any of his officers in the lawful execution of civil process is murder, although the process be erroneous. 103 How far homicide in an attempt to usurp unlawful authority, shall be construed murder. 104 Death 104 Death occasioned by an idle wanton action, MUTE. By 12 Geo. 3. c. 20. standing mute in felony or piracy, either on an indictment or appeal, amounts to conviction. NAVIGABLE RIVERS. Larceny on navigable rivers excluded 260 692 public, by doing any thing injurious to all the Common bawdy-houses are indictable as com- So rope-dancing, common gaming-houses, unclergy. But neither an old nor a new dove-cote are nuilicensed play-houses. 204 238 The commissioners who sell old stores, may grant such certificate to buyers, who may also grant the same to those who purchase again. ib. By 9 Geo. 1. c. 8. this offence is extended to timber, thick stuff, and plank. 240 Power given to judges of assize, or justices at session, to determine the offence, and mitigate the penalty to public whipping and hard labour for three months. sances, for the erecting them may be justified by prescription, &c. ib. s. 8 And a gate across a highway, which has so continued time out of mind, is no nuisance, for the prescription shall be intended; but a new gate so erected may be abated as a nuisance. 694. s. 9 Tallow boilers, brewhouses, glass-houses, swineyards, a manufactory for acid spirit of sulphur, &c. erected in improper places, may be nuiib. s. 10 To divert the course of a navigable river, and, perhaps, to multiply inmates during the prevalence of a contagion, are nuisances. ib. s. 11 To disturb the neighbourhood with a speaking trumpet; to suffer a house to grow dangerously ruinous; to obstruct the intercourse of a public river; to damage a public highway; to put an improper ship into Billinsgate Dock, are nuisances. ib. notis sances. But an hospital for inoculation is not a nuisance; And quare, if a coney-burrow is a nuisance. ib. (N) 241 By 9 Geo. 3. c. 30. the officers of the king's yards, and the commissioners of the navy, are By 6 Geo. 1. c. 18. s. 19. all public bubbles are authorized to act as justices of the peace in apprehending, &c. offenders. ib. The decisions which have been made on the above statutes. 242 nuisances. 60 (N) Any one may pull down a common nuisance. 695. s. 12 And may justify a trespass for that purpose. 695 And the plea need not state that the party did as little damage as possible. ib. Those who have the fishery of a river, or those who have a passage or easement therein, shall be obliged to abate a nuisance on such river, if none are bound to do it by prescription. ib. s. 13 A common scold is punishable by the duckingib. s. 14 The punishment of common nuisance is fine and imprisonment. ib. And the offender shall be ordered by the judgment to abate the nuisance at his own costs. stool. ib. 696 to 703 It is implied in all penal statutes, that the de- Nuisances to highways. fendant must have notice of the accusation Are punishable by indictment in the court leet. against him. For matters relative to the necessary allegation | By 3 Jac. 1. c. 5. popish recusants convict are of the indictment. OATHS. 703 At what time and in what manner members of corporations must take the oaths to govern ment. disabled in law as persons excommunicated, except the action concern some hereditament not seized by the king. 387 How a defendant shall take advantage of an action by such disabled papist. 387. s. 2 to 7 367. 370 By 1 Will. & Mary, c. 26. and 12 Ann. c. 2. papists are disabled to present to a church. By 5 Eliz. c. 1. clergymen and recusants refusing a second tender of the oaths, are guilty of high treason. ib. s. 7 30. s. 104 By 3 Jac. 1. c. 5. papists are disabled from bearing any public charges or office in the state. 55.58 388 ib. By 1 Eliz. c. 1. 5 Eliz. c. 1. 3 Jac. 1. c. 4. But 3 Jac. 1. c. 5. a female papist is disabled 67 389, 390 By 35 Eliz. c. 2. papists are restrained from going above five miles from home, without licence. 390 Who shall grant, and how such license shall be pleaded. ib. By what computation the distance shall be 68 reckoned. ib. How the members of the universities shall take By 3 Jac. 1. c. 5. and 30 Car. 2. c. 5. papists are the oaths, and what punishment they shall suffer. restrained from appearing at court.. ib. 70. s. 8 By 3 Jac. 1. c. 5. papists are restrained from keeping arms, and from coming within ten miles of London. By 1 Will. 3. c. 18. and 8 Geo. 1. c. 6. the form of the Quakers profession and affirmation scribed. Conspiracy by oaths. ODIO ET ATIA. pre 449 391 71 By 3 Jac. 1. c. 5. feme covert papist, whose husband is not convicted of recusancy, who shall not conform within one year, shall forfeit two parts of her jointure. A man committed for homicide might, anciently, sue out de odio et atia. OFFICE AND OFFICERS. 88 392 By 3 Jac. 1. c. 5. a papist who has conformed, who shall not receive the sacrament within one year, shall forfeit £20 for the first; £40 for the second, and £60 for every other year. ib. In what cases an office becomes forfeited by By 3 Jac. 1. c. 5. every papist who shall marry negligence, non-user, or corruption. 412 Public offices are not to be bought or sold. ib. By 3 Jac. 1. c. 5. every papist not excommunicated, who shall bury other than in a church or churchyard, shall forfeit £20. By 3 Jac. 1. c. 5. magistrates may search the houses of papists for popish relics and deface ib. s. 24 By 7 Jac. 1. c. 6. a feme covert papist who shall not conform within three months after conviction, shall be committed unless her husband pay £10. a month, &c. ib. In what cases the husband of a feme covert papist is not only liable to the forfeiture, but utterly disabled. ib. By 23 Eliz. c. 1. whoever shall perform mass shall forfeit 200 marks, and whoever shall hear mass 100 marks, or suffer imprisonment. 394 By 11 & 12 Will. 3. c. 14. whoever shall apprehend a popish priest for saying mass shall receive £100. and the priest shall suffer perpetual imprisonment. ib. By 18 Geo. 3. and 31 Geo. 3. this penalty is repealed, provided the priest has complied with the injunctions of this act. 395 By 612 By 30 Car. 2. c. 1. those who refuse to make a In what case the benefit of a general pardon declaration against popery, are restrained from cannot be waived. sitting in parliament, and from holding a place at court. 397 PARKS. By 1 Will. & Mary, c. 9. those who refuse the By 21 Edw. 1. c. 2. and 3 and 4 Will. and declaration are restrained from living within ten miles of London, from keeping arms, and from presenting to a church. 398 By 1 Jac. 1. c. 4. whoever shall send another abroad for the purpose of receiving a popish education, shall be disabled in law and forfeit £100. 399 By 3 Jac. 1. c. 5. whoever shall send a child abroad to prevent their good education in England, without license, shall forfeit £100. and such child shall be disabled to take, &c. ib. By 3 Car. 1. c. 2. to enter into any popish seminary abroad, or to cause another so to do, disables the offender in law, and incurs the forfeiture of his estates during life. 400 Mary, c. 10. trespassers in parks, resisting the keepers, may be slain by the keepers with impunity. 81 How far the power of a park-keeper will justify the trespass of a stranger, in homicide, on the grounds of a third person. 86 By 9 Geo. 1. c. 22. to appear armed and disguised in any deer-park, &c. is felony without clergy, but clergy restored 4 Geo. 4. 177 To hunt or wound any fallow deer in any inclosed deer-park, whether armed and disguised or not, is felony without clergy. 180 By 6 Geo. 1. c. 16. whoever shall destroy the fences of parks shall be committed for three months, &c. &c. 325 king's parks, forests, or chases, is transportation for the third offence. 329 By 11 & 12 Will. 3. c. 4. a severe punishment By 6 Geo. 3. c. 48. to destroy timber in the is inflicted on professed papists, unless by 18 Geo. 3. c. 60. and 31 Geo. 3. c. 32. they have complied with the injunction of the last mentioned act. 400.401. By 9 Geo. 3. c. 41. to destroy any underwoods, &c. in the king's parks or forests, &c. is punishable by fine and imprisonment, &c. 331 By 5 Geo. 3. c. 14. to enter into any inclosed parks, in or through which there is a river, stream, or pond, &c. and steal fish, or to aid in so doing, or to buy or receive such stolen fish, is transportation for seven years. PEACE. See BEHAVIOUR. 192 ib. Of what description of persons a justice of peace may, ex officio, and at discretion, demand surety of the peace. By 11 & 12 Will. 3. c. 4. the chancellor may 478 was the principal duty of a conservator to demand surety of the peace. ib. notis Neither a secretary of state, nor privy counsellor, 403 are conservators of the peace. ib. (N) By 23 Eliz. c. 1. and 3 Jac. 1. c. 4. to become All persons whatsoever under the king's protecperverted, or to pervert others to the see of Rome, is high treason. The judges will, in prudence, respite the execution of an infant in order to procure a pardon. If the marriage be disputed, the Court will frame the recognizance so as not to admit the fact. ib. notis 10. s. 13 A justice of peace ought to grant it, on demand, against any person under the degree of nobility, of sane memory, whether a magistrate or private person, and whether of age or not. 479 Infants and femes covert ought to find security by their friends. In what case a forfeiture is not within a general 71. s. 2 ib. ib. The safest way against a peer is by application to the chancery or king's bench. 78 Quare, If a joint recognizance may be taken for A pardon of felony extends not to piracy. surety of the peace. ib. notis 254. s. 13 For what causes surety of the peace is grantable. There can be no pardon of a recognizance of the peace before it is broken." ib. 482 By 21 Jac. 1. c. 8. all process for the peace or good landlord. 484 good behaviour, to be granted out of the Nor can a tenant beat another in defence of his chancery or king's bench, must be upon motion, in open court, upon the oath of the But a bare trespass to lands or goods, without party requiring it, &c. &c. &c. violence to the person, is not a cause of forfeiture. ib. s. 25 478 In what cases, under what circumstances, and Violence in any athletic sport, as cudgels, &c. is PEERS. PENSION. 55 In what case the officer may carry the party to gaol, without another warrant. ib. How the officer shall return the warrant if it be general, and how if it be special. ib. s. 13 In what manner process upon surety of the To receive a pension from a foreign prince withpeace may be superseded. out the king's permission, is highly criminal. ib. s. 14 PERJURY 65 the taking absolutely a wilful false oath, required in any judicial proceeding, and material to the point in question, whether it is believed or not. 429 It must be deliberately taken, and not the effect of surprise, inadvertency, or mistake. ib. s. 2 It must be taken before those who are empowered to administer justice, and who have a competent jurisdiction of the subject-matter. By 21 Jac. 1. c. 8. all writs of supersedeas must ib. ib. A recognizance cannot be pardoned or released 430. s. 3 As before persons authorized by the king to examine witnesses; or in a court of record upon issue therein; or before any court of equity, spiritual or other lawful court, whether of record or not; or before persons authorized by such courts, as the sheriff upon a writ of inquiry. ib. So it is perjury to swear to a greater substance than a man possesses, in justifying bail; it may be committed in swearing the peace against another before a justice; or respecting forfeitures, or defective titles to land before commissioners. ib. But no oath of a mere private nature can be the ib. subject of perjury. But the sessions have a discretion, upon cause ib. s. 20 431 Neither can any promissory oaths; and therefore official oaths for the true performance of duty cannot be punished as perjuries, but such an offender is liable to a severe fine. ib. No person can be indicted for perjury in a false oath administered by a person who has not competent and lawful authority in the subjectmatter on which the oath is taken. ib. s. 4 Or by any treason against the king, or unlawful| assembly, or even by words tending to a No oath administered by persons under an asbreach of the peace. ib. But bare words of heat and choler is not a cause But perjury may be committed in oaths administered under the authority of a commission, after it is determined by the demise of the ib. s. 23 484 And quare, if perjury may not be committed in A servant is liable to such a forfeiture for beating proceedings which are afterwards reversed for another in defence of his master's son-but not in defence of his master. |