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8 Wiat are the penalties for reviling the or- 28. What is witchcraft, conjuration, enchantmen didences of the church by statutes 1 Edw. VI. or sorcery; and what is declared as to it by ste c 1, and 1 Eliz. c. 1 and 2 ? 50, 51.
tute 9 Geo. II. c. 5? 60–62. 9. Of what two classes are non-conformists ; 29. How is the pretence to using witchcraft, what penalties are imposed upon those of the telling fortunes, or discovering stolen goods by arst class by statutes 1 Eliz. c. 2, 23 Eliz. c. I., skill in the occult sciences, punished ? 62. and 3 Jac. I. c. 4; and what are suspended by 30. Who are religious impostors; and how are the statute 1 W. and M. st. 1, c. 18, commonly they punishable ? 62. called the toleration act, confirmed by statute 10 31. Why is simony to be considered as an of Anne, c. 2, from which of those of the second fence against religion; who are punishable for it clase, with what three provisos ? 52, 53.
by statute 31 Eliz. c. 6; and how ? 62. 10. What are dissenting teachers to subscribe 32. What other corrupt elections and resignain order to be exempted from the penalties of tions are punished by the same statute; and how ! the statutes of Car. II. 13 & 14, c. 4, 15, c. 6, 17, | 63. c. 2, and 22, c. 1; and from what particular pe- 33. What is Sabbath-breaking; and how are nalties of the first and third of those statutes what instances of it punishable by statutes 27 (with what exceptions) are they exempted by Hen. VI. c. 5 as to fairs or markets, 1 Car. I. c. 1 subscribing the declaration of the act 19 Geo. as to unlawful exercises, and 29 Car. II. c. 7 as to 111. ? 53, 54.
work ? 63, 64. 11. What, by the same statute 1 W. and M., 34. How is drunkenness punished by statute 4 if any person shall wilfully, maliciously, or con- Jac. I. c. 5? 64. temptuously disturb any congregation assem- 35. When is lewdness an indictable offence; bled in any church or permitted meeting-house, or and how is it punished ! 64, 65. xhall misuse any preacher or teacher there? 54. 36. In what event may who be punished for
12. But what does the statute 5 Geo. I. c. 4 having bastard children, by statute 7 Jac. I. c. 4. enact as to any mayor's or principal magistrate's and how ? 65 ? appearing at any dissenting meeting? 54.
13. Why do not the reasons for a general CHAP. V.-Of Offences against the Law of No toleration of Prot?stant dissenters hold equally
tions. strong as to papisto ? 54, 55.
14. Into what three classes may papists be di- 1. What is the law of nations; and upon what vided : 55.
principle is it founded ? 66. 15. What are the penalties and disabilities of 2. By what is this law enforced in England / the first class of papists 55.
67. 16. What if any person send another abroad 3. What is the remedy for offences against this to be educated in the popish religion, or to reside law by whole states and nations ? 68. in any religious house abroad for that purpose, 4. What if the individuals of any state violate or contribute to his maintenance when there? this law ? 68. 55.
5. What are the three principal offences against 17. What if these errors be aggravated by this law animadverted on as such by the muni apostasy or perversion ? 55.
cipal laws of England ? 68. 18. To what additional disabilities, penalties, 6. How may the violation of safe-conducts, or and forfeitures is the second class of papists passports expressly granted by the king or his subject? 56.
ambassadors to the subjects of a foreign power in 19. What is the effect of refusing to make the time of mutual war, be punished; and what is declaration against popery enjoined by statute enacted as to offences against strangers at sea, or 80 Car. II. st. 2, when tendered by the proper in port, by statute 31 Hen. VI. c. 4? 68-70. magistrate ? 56.
7. What is enacted by the statute 7 Anne, c. 20. What are the penalties against the third 12 in order to enforce the law of nations as t. class of papists; and of what are all persons the rights of ambassadors ? 70, 71. barbouring them guilty ? 57.
8. What is the offence of piracy by common law, 21. Are these laws enforced now; and whence how only is it punishable since the statute of is their origin? 57.
treasons, 25 Edw. III. c. 2; and what offencet 22. In respect of whom is the statute 11 & 12 are made piracy by statutes 11 & 12 W. III. c. 7, W. III. repealed to what extent by the statute 8 Geo. I. C. 24, and 18 Geo. II. c. 30? 71-73. 18 Geo. III. c. 60? 58. 23. But now, by statute 31 Geo. III. c. 32,
CHAP. VI.-Of High Treason. from what Roman Catholics are all these restrictions and penalties removed ; and how are Roman 1. Into what four kinds may those offences be Catholic ministers, schoolmasters, and congregations distinguished which more immediately affect the tolerated ! 58.
royal person, his crown or dignity, and which are 24. What do the corporation and test acts enact? in some degree a breach of the duty of alle58, 59.
giance, whether natural and innate, or local and 25. To whom does the statute 7 Jac. I. c. 2 acquired by residence ? 74. apply a like test ? 59.
2. What is treason, proditio; how is the appel26. What is blasphemy; and how is it punish-lation generally used by the law; and of what able at common law 59.
two kinds is treason? 74, 75. 27. How are profane and common swearing and 3. Under what seven distinct branches are all cursing punishable, by the statute 19 Geo. II. c. kinds of high treason comprehended by the sta21; and what is enacted against profamily on the tuie 25 Edw. III. c. 2? 76, 81-81. stage, hy statute 3 Jac. I. c. 21 ? 59, 60. | 4. Is a queen regnant or a king xonsori within
the words o the act is a king de facto and not declared to be high treason by statute l Mar.
28. What instances of falsifying the coin are
preparations for coinage, are declared to be high
petual by 7 Anne, c. 25; and within what times 7. Are words spoken, treason? 80.
must all prosecutions on this act be commenced ?
31. What offences are made high treason with a
with regard to the late Pretender or his sons, by
12. To what does an insurrection to pull down c. 17, and 6 Anne, c. 7 ? 91, 92.
33. Of what six parts does the punishment for
high treason consist ; but what parts may be dis
34. How is the punishment milder for male
35. But is the punishinent of females the same
in treasons of every kind ? 98.
17. Under what description is adherence or CHAP. VII.—Of Felonies injurious to the King's
Prerogative. at home treason? 83.
18. What is held as to relieving a rebel filed 1. What is felony, in the general acceptation
of our English law ? 94, 95.
mology confirmed by the feodal writers; and
3. As there are felonies without capital punish-
4. But to what usage do the interpretations
5. Of what five kinds are such felonies as are
25. Under what three heads are comprised the 6. Of the various offences relating to the coin, high treasons created by subsequent statutes and as well misdemeanours as felonies, declared by a not comprehended under the description of sta- series of statutes, what are the several penalties tute 25 Edw. III.? 87.
for melting down sterling money, by statute 9 25. In what three cases relating to papists is Edw. III. st. 2; for melting down current silver the offence of high treason declared to be com- money, by statute 13 & 14 Car. II. c. 31; for mitted, by the statutes 5 Eliz. c. 1, 27 Eliz. c. 2, importing false money; for forging any foreign and 3 Jac. I. c. 4; and what is the reason of coin, although it be not made current here by distinguishing these overt acts of popery from all proclamation ; for having to do with clippings or others which were considered in a preceding filings of the coin, for blanching copper for sale, hapter as spiritual offences ? 87, 88.
or dealing in any malleable composition resem26. With regard to treasons relative to the coin bling gold, or buying, at a less rate than it imor other royal signatures, what two offences are ports to be of, any counterfeit or diminished milled
1 money of this kingdom, not being cut in pieces, 6. What is misprision of felony; and hor i (an operation which is in what case directed, it punished by the statute Westm. 1, 3 Edw. L end 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 03 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 misprisiors, or the offence within ten days after; and for coun- contempts, and high misdemeanours, the last four terfeiting copper halfpence or farthings, or deal. consisting, in general, of such contempts of the ing in it (not being cut in pieces or melted) at executive magistrate as demonstrate themselves by 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 4. What is enacted by the statute 31 Eliz. c. rogative ? 122. 4 ax to felony in embezzling the king's armour 11. Whose duty is it, and when, to join the oi 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 preby 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 Bea; 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 102.
statute 13 Eliz. c. 1, to maintain that the con
mon laws of this realm not altered by parliament CHAP. VIII.- Of Præmunire.
ought 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 prærunire by statute 2 Hen. IV. in a public office, place of trust, or other capac. 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 preemunire by the statutes of Hen. VIII. and of any college in the two universities, who by Eliz.? 115.
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 mass-books or other popish books liable, by statute within one month after ? 123, 124. 8 Jao. I. c. 5, 257 115.
17. What are contempts against the king's pe5. To what twelve other offences, some of which laces or courts of justice; and how are they, . 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.
125. 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 punishable ? 126.
20. How are endeavours to dissuade & witness CHAP. IX.-Of Misprisions and Contempts affect- from giving evidence, disclosures of examination ing the King and Government.
before a privy council, advice to a prisoner to 1. What are misprisions (mespris) and con- stand mute, or disclosures by one of the grand tempts; and of what two sorts ? 119.
jury to any person indicted of the evidence against 2. Of what three kinds are negative misprisions? him, construed and punished ? 126. 120, 121.
8. What is misprision of treason; but what cir- CHAP. X.-of Offences against Public Justice. cumstances make this offender guilty of high treason? 120.
1. Into what five species may those crimes and 4. What positive misprision of treason is cre- misdemeanours that more especially affect the ated by statute 13 Eliz. c. 2 ? 120.
commonwealth be divided ? 127, 128. 5. What is the punishment for misdrision. On 2. What are the twenty-two offences against freason? 12.
public justice, beginning with those that are most 10. What is tumultuous petitioning; and what 16. What is champerty (campi partitio); and is enacted for its prevention by statute 13 Car. what has the law's abhorrence of it led it to say II. st. 1, c. 5? 147, 148. of a chose in action by common law, an
penal, and descending gradually to such as are 17. What is enacted by statute 18 Eliz u. &
as to compounding informations upon ponal sta-
c. 24 ? 137.
they now punished at common law, with an added
what is enacted on this subject by a statute
is it punished ? 140.
24. In what public officers is negligence an
9. Who are punishable for an offender's re- 1. Of what two species are offences against the
10. What is enacted by statute 4 Geo. I. c. 11 these kinds ? 142.
3. What does the statute 1 Geo. I. c. 5 enact
12. What is theft-bote, and how is it punished; nalties for destroying or damaging any lock,
7. What are afrays (affraier); wherein do they
8. What is enacted by statute 5 & 6 Edw. VI.
15. What is the offence of maintenance; when constituted; how are they punished by common
11. What is forcible entry or detainer; and how, tended right or title to land, by statute 32 Hen. by several statutes, may it be suppressed and VIII c. 9? 135, 136
punished ? 148, 149.
of a pre
12. What is the offence of going unusually 13. What is enacted by several staiates 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 punishable, 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. erise on account of any money won at gaming ? 2. What is enacted by statute 1 Jac. I. c. 31 150.
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 9 161, 162. in the eye of the law; what if they be true, 3. What is enacted by statutes 51 Hen. IIL and what if they be false; what is the difference st. 6 and 12 Car. II. c. 25, 11 to prevent the between a libel 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 publie 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 clantion 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. Or 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 statuto 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 Egyr 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 : Geo. III. c. 5, if a prisoner charged in execution traveller without a very sufficient cause ? 167. for debt (to what amount ?) ne or refuse on 13. How may eaves-droppers 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 stapence 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. 156, 157.
16. What one sumptuary law against luzury 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 shal? lose and what frauds are punished by the statutes more than 1001. at one time; what does the ste 83 Hen. VIII. c. 1 and 30 Geo. II. c. 24 ? 157, tute 9 Anne, c. 14 enact as to all securities given 158.
for money won at play, if any person at one sit9. 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 l2:0? 158, multiplicity of horse-races ; and what, by statute 159
18 Geo. II. c. 24, if any person win or lose at 10. What are monopolies; and how are they play, or by betting, 101. at one time, or 206 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 forestpunished by statute 2 & 3 Edw. VI. c. 15? 169, law, and who by the game-laws; and what are 160.
the four qualifications for killing game, as they 12. How is the offence of ex
tre usually called, or, more properly, the ex without having served an apprenticeship pu- emptions from the penalties infiicte i by the nished by statute 5 Eliz. c. 4? 160.
statute law ? 174, 175.