8 What are the penalties for reviling the ordinances of the church by statutes 1 Edw. VI. c 1, and 1 Eliz. c. 1 and 2? 50, 51.

9. Of what two classes are non-conformists; what penalties are imposed upon those of the irst class by statutes 1 Eliz. c. 2, 23 Eliz. c. I., and 3 Jac. I. c. 4; and what are suspended by the statute 1 W. and M. st. 1, c. 18, commonly called the toleration act, confirmed by statute 10 Anne, c. 2, from which of those of the second clase, with what three provisos? 52, 53.

10. What are dissenting teachers to subscribe in order to be exempted from the penalties of the statutes of Car. II. 13 & 14, c. 4, 15, c. 6, 17, c. 2, and 22, c. 1; and from what particular penalties of the first and third of those statutes (with what exceptions) are they exempted by subscribing the declaration of the act 19 Geo. III. 53, 54.

11. What, by the same statute 1 W. and M., if any person shall wilfully, maliciously, or contemptuously disturb any congregation assembled in any church or permitted meeting-house, or hall misuse any preacher or teacher there? 54. 12. But what does the statute 5 Geo. I. c. 4 enact as to any mayor's or principal magistrate's appearing at any dissenting meeting? 54.

13. Why do not the reasons for a general toleration of Protestant dissenters hold equally strong as to papists? 54, 55.

14. Into what three classes may papists be divided? 55.

15. What are the penalties and disabilities of the first class of papists? 55.

16. What if any person send another abroad to be educated in the popish religion, or to reside in any religious house abroad for that purpose, or contribute to his maintenance when there? 55.

17. What if these errors be aggravated by apostasy or perversion? 55.

18. To what additional disabilities, penalties, and forfeitures is the second class of papists subject? 56.

19. What is the effect of refusing to make the declaration against popery enjoined by statute 80 Car. II. st. 2, when tendered by the proper magistrate? 56.

20. What are the penalties against the third class of papists; and of what are all persons harbouring them guilty? 57.

21. Are these laws enforced now; and whence is their origin? 57.

22. In respect of whom is the statute 11 & 12 W. III. repealed to what extent by the statute 18 Geo. III. c. 60? 58.

23. But now, by statute 31 Geo. III. c. 32, from what Roman Catholics are all these restrictions and penalties removed; and how are Roman Catholic ministers, schoolmasters, and congregations tolerated? 58.

24. What do the corporation and test acts enact? 68, 59.

25. To whom does the statute 7 Jac. I. c. 2 apply a like test? 59.

28. What is witchcraft, conjuration, enchantment, or sorcery; and what is declared as to it by statute 9 Geo. II. c. 5? 60-62.

29. How is the pretence to using witchcraft, telling fortunes, or discovering stolen goods by skill in the occult sciences, punished? 62.

30. Who are religious impostors; and how are they punishable? 62.

31. Why is simony to be considered as an offence against religion; who are punishable for it by statute 31 Eliz. c. 6; and how? 62.

32. What other corrupt elections and resignations are punished by the same statute; and how? 63.

33. What is Sabbath-breaking; and how are what instances of it punishable by statutes 27 Hen. VI. c. 5 as to fairs or markets, 1 Car. I. c. 1 as to unlawful exercises, and 29 Car. II. c. 7 as to work? 63, 64.

34. How is drunkenness punished by statute 4 Jac. I. c. 5? 64.

35. When is lewdness an indictable offence; and how is it punished? 64, 65.

36. In what event may who be punished for having bastard children, by statute 7 Jac. I. c. 4and how? 65?

CHAP. V.-Of Offences against the Law of No

tions.

1. WHAT is the law of nations; and upon what principle is it founded? 66.

67.

2. By what is this law enforced in England?

3. What is the remedy for offences against this law by whole states and nations? 68.

4. What if the individuals of any state violate this law? 68.

5. What are the three principal offences against this law animadverted on as such by the muni cipal laws of England? 68.

6. How may the violation of safe-conducts, or passports expressly granted by the king or his ambassadors to the subjects of a foreign power in time of mutual war, be punished; and what is enacted as to offences against strangers at sea, or in port, by statute 31 Hen. VI. c. 4? 68-70.

7. What is enacted by the statute 7 Anne, c. 12 in order to enforce the law of nations as t the rights of ambassadors? 70, 71.

8. What is the offence of piracy by common law, how only is it punishable since the statute of treasons, 25 Edw. III. c. 2; and what offences are made piracy by statutes 11 & 12 W. III. c. 7, 8 Geo. I. c. 24, and 18 Geo. II. c. 30? 71-73.

CHAP. VI.-Of High Treason.

1. INTO what four kinds may those offences be distinguished which more immediately affect the royal person, his crown or dignity, and which are in some degree a breach of the duty of allegiance, whether natural and innate, or local and acquired by residence? 74.

27. How are profane and common swearing and cursing punishable, by the statute 19 Geo. II. c. 21; and what is enacted against profanity on the stage, by statute 3 Jac. I. c. 21? 59, 60.

two kinds is treason? 74, 75.

3. Under what seven distinct branches are all kinds of high treason comprehended by the statute 25 Edw. III. c. 2? 76, 81-84.

4. Is a queen regnant or a king sonsort within

the words of the act is a king de facto and not de jure; is a king de jure and not de facto; what is the true construction of the statute 11 Hen. VII. c. 1; and is a king who has resigned his crown, abdicated his government, or subverted the constitution, any longer the object of treason? 76-78.

5. What is compassing or imagining the death of the king and how must this act of the mind be demonstrated before it can possibly fall under any judicial cognizance? 78, 79.

6. What are held to be overt acts of treason in imagining the king's death? 79.

7. Are words spoken, treason? 80. 8. Are words written, treason? 81.

9. What does the phrase "the king's companion" mean, to violate whom is declared by the statute to be the second species of treason; and when is it treason in both parties? 81. 10. What is held as to the violation of a queen ur princess dowager; and why? 81.

11. What offences of taking up arms does the third species of treason include? 81, 82.

12. To what does an insurrection to pull down all enclosures, all brothels, and the like, amount; and to what does a tumult to pull down a particular house or lay open a particular enclosure?

82.

13. What if two subjects quarrel and levy war against each other? 82.

14. When does a bare conspiracy to levy war amount to treason? 82.

15. How must the fourth species of treason, or that of adherence to the king's enemies, be proved? 82.

16. In what light is giving assistance to foreign pirates or robbers treason? 83.

declared to be high treason by statute 1 Mar. st. 2, c. 6; and what one in consequence of the former, with regard to importing coin, by statute 1 & 2 P. and M. c. 11? 89.

27. Is it high treason to counterfeit foreign money taken here by consent? 89.

28. What instances of falsifying the coin are declared to be high treason by statutes 5 Eliz. c. 11, and 18 Eliz. c. 1? 90.

29. What offences, as to implements of and preparations for coinage, are declared to be hig▷ treason by statute 8 & 9 W. III. c. 26, made per petual by 7 Anne, c. 25; and within what times must all prosecutions on this act be commenced? 90.

30. What species of coining is made high treason by statute 15 & 16 Geo. II. c. 28; but in what case shall the offender be pardoned? 91.

31. What offences are made high treason with a view to the security of the Protestant succession, with regard to the late Pretender or his sons, by statutes 13 & 14 W. III. c. 8, and 17 Geo. II. c. 39, and generally by statutes 1 Anne, st. 2, c. 17, and 6 Anne, c. 7? 91, 92.

32. What offences are made high treason by the statute 33 Geo. III. c. 27, called the traitorous correspondence act; and what else does the statute enact? 92.

33. Of what six parts does the punishment for high treason consist; but what parts may be dis charged by the king? 92, 93.

34. How is the punishment milder for male offenders in case of coining? 93.

35. But is the punishment of females the same in treasons of every kind? 98.

at home treason? 83.

18. What is held as to relieving a rebel fled out of the kingdom; and why? 83.

19. In what events shall a man's joining with either rebels or enemies, in the kingdom, be excused? 83.

20. To what offence does the taking wax which bears the impression of the great seal off from one patent and affixing it on another amount? 83, 84.

21. What money is meant by the statute to counterfeit which is the sixth species of treason? 84.

22. Which of the king's officers of justice are within the statute which declares the "slaying of them in their places doing their offices" treason? 84.

23. What does the act say as to "other like cases of treason" or constructive treasons? 85.

25. Under what three heads are comprised the high treasons created by subsequent statutes and not comprehended under the description of statute 25 Edw. III.? 87.

25. In what three cases relating to papists is the offence of high treason declared to be committed, by the statutes 5 Eliz. c. 1, 27 Eliz. c. 2, and 3 Jac. I. c. 4; and what is the reason of distinguishing these overt acts of popery from all others which were considered in a preceding chapter as spiritual offences? 87, 88.

26. With regard to treasons relative to the coin or other royal signatures, what two offences are

Prerogative.

1. WHAT is felony, in the general acceptation of our English law? 94, 95.

2. What is the etymology of the word, according to Sir Henry Spelman; how is this etymology confirmed by the feodal writers; and wherefore are suicide, homicide, petit larceny, robbery, rape, and treason, felonies by the ancient law? 95-97.

3. As there are felonies without capital punishment, may capital punishments be inflicted where the offence is no felony? 97.

4. But to what usage do the interpretations of the law now contorm, and, in compliance therewith, in what light does the present com. mentator intend to consider felony ? 98.

5. Of what five kinds are such felonies as are more immediately injurious to the king's pre rogative? 98.

6. Of the various offences relating to the coin, as well misdemeanours as felonies, declared by a series of statutes, what are the several penalties for melting down sterling money, by statute 9 Edw. III. st. 2; for melting down current silver money, by statute 13 & 14 Car. II. c. 31; for importing false money; for forging any foreign coin, although it be not made current here by proclamation; for having to do with clippings or filings of the coin, for blanching copper for sale, or dealing in any malleable composition resembling gold, or buying, at a less rate than it imports to be of, any counterfeit or diminished milled

money of this kingdom, not being cut in pieces, (an operation which is in what case directed, and in what cases allowed and required, by certain statutes, to be performed;) for tendering any counterfeit coin, knowing it to be so; for doing so, having more in custody, or repeating the offence within ten days after; and for counterfeiting copper halfpence or farthings, or dealing in it (not being cut in pieces or melted) at less value than it imports to be of? 98-100. 7. What is enacted by statutes 3 Hen. VII. c. 14, and 9 Anne, c. 16, as to felonies against the king's council? 100, 101.

8. In what cases is it made felony to serve foreign states, by statutes 3 Jac. I. c. 4, 9 Geo. II. c. 30, and 29 Geo. II. c. 17? 101.

9. What is enacted by the statute 31 Eliz. c. 4 as to felony in embezzling the king's armour of warlike stores; what effect upon this statute has that of 22 Car. II. c. 5; how are other inferior embezzlements and misdemeanours punished by several statutes; and what is enacted by statute 12 Geo. III. c. 24? 101, 102.

10. What is enacted by statutes 18 Hen. VI. c. 19, and 5 Eliz. c. 5, as to desertion from the king's armies in time of war, whether by land or sea; what effect upon this statute has that of 2 & 3 Edw. VI. c. 2; and how are other inferior military offences punishable by the same statutes? 102.

CHAP. VIII.- Of Præmunire.

1. WHY is the offence of præmunire so called; and whence did it take its original? 103.

2. What does the statute of præmunire, 16 Ric. II. c. 5, enact; and who are also subjected to the penalties of præmunire by statute 2 Hen. IV. c. 3? 112.

3. What offences are made liable to the pains of præmunire by the statutes of Hen. VIII. and Eliz.? 115.

4. To what penalty is the importing or selling mass-books or other popish books liable, by statute 8 Jac. I. c. 5, 25? 115.

5. To what twelve other offences, some of which bear no relation to the original offence, have the penalties of præmunire been applied by various statutes? 116, 117.

6. How is the punishment of præmunire shortly summed up by Sir Edward Coke; except in the case of transgressing what statute may the king, by his prerogative, remit the whole or any part of the punishment; and what does the statute 5 Eliz. c. 1 provide as to the consequences of an attaint by præmunire? 117, 118.

6. What is misprision of felony; and how i it punished by the statute Westm. 1, 3 Edw. L c. 9? 121.

7. What is the punishment for misprision o treasure-trove? 121.

8. Of what five kinds are positive misprisions, or contempts, and high misdemeanours, the last four consisting, in general, of such contempts of the executive magistrate as demonstrate themselves by some arrogant and undutiful behaviour towards the king and government? 121–124.

9. What offences are included under the mis prision of the mal-administration of such high officers as are in public trust and employment; and how is it usually punished? 121, 122.

10. What are contempts against the king's prerogative? 122.

11. Whose duty is it, and when, to join the posse comitatus, or power of the county, according to the statute 2 Hen. V. c. 8? 122.

12. How are contempts against the king's prerogative punished? 122.

13. What are contempts and misprisions against the king's person and government; and how may they be punished? 123.

14. What are contempts against the king's title not amounting to treason or præmunire; and how are they punished? 123.

15. What offence is it, and how punishable by statute 13 Eliz. c. 1, to maintain that the common laws of this realm not altered by parliament ought not to direct the right of the crown of England? 123.

16. What are the penalties inflicted by statute 1 Geo. I. st. 2, c. 13, for refusing or neglecting to take the oaths appointed by statute for better securing the government, and yet acting or serving in a public office, place of trust, or other capacity, for which the said oaths are required to be taken; and what if members, on the foundation of any college in the two universities, who by this statute are bound to take the oaths, do not register a certificate thereof in the college register within one month after? 123, 124.

17. What are contempts against the king's palaces or courts of justice; and how are they, a rescue from them, and an affray or riot near them, but out of their actual view, punishable? 124, 125.

18. How are threatening or reproachful words to any judge sitting in the courts punishable; and how is an affray or contemptuous behaviour in the inferior courts of the king? 126.

19. How are such as are guilty of any injurious treatment to those who are immediately under the protection of a court of justice punishable? 126.

20. How are endeavours to dissuade a witness

before a privy council, advice to a prisoner to stand mute, or disclosures by one of the grand jury to any person indicted of the evidence against him, construed and punished? 126.

CHAP. X.-Of Offences against Public Justice.

1. INTO what five species may those crimes and misdemeanours that more especially affect the commonwealth be divided? 127, 128.

2. What are the twenty-two offences against public justice, beginning with those that are most

12. What is the offence of going unusually armed; and how is it prohibited by the statute of Northampton, 2 Edw. III. c. 3? 149.

13. When is the offence of spreading false news punishable, and how? 149.

14. How is the offence of pretended prophecy punished by statute 5 Eliz. c. 15? 149.

15. In whom are challenges to fight punishable, and how; and what, by statute 9 Anne, c. 14, if the challenge, or any assault or affray, arise on account of any money won at gaming? 150.

16. What are libels which tend to the breach of the peace; what is a publication of them, in the eye of the law; what if they be true, and what if they be false; what is the difference between a libel in a civil action and a libel in a criminal prosecution; and what is the punishment of criminal libels? 150, 151.

17. Though it hath been long held that the truth of a libel is no justification in a criminal prosecution, yet what general rule has the court of king's bench laid down as to granting an information for a libel? 151.

CHAP. XII.-Of Offences against Public Trade.

1. Or what two degrees are offences against public trade? 154.

2. What are the thirteen kinds of these of fences? 154, 156-160.

3. What is owling; and what are its penalties, by several statutes? 154.

4. What is smuggling; and how is it punished by statute 19 Geo. II. c. 34? 154, 155.

5. What are the several species of fraudulent bankruptcy taken notice of by the statute law; and how are they punished? 156.

6. What, by statute 21 Jac. I. c. 19, if the bankrupt cannot make it appear that he is disabled from paying his debts by some casual loss; and what, by statute 32 Geo. II. c. 28, and 33 Geo. III. c. 5, if a prisoner charged in execution for debt (to what amount?) neglect or refuse on demand to deliver up his effects? 156.

7. What is the penalty for usury; what if any scrivener or broker take more than five shillings per cent. procuration-money, or more than twelvepence for making a bond; and what is enacted on this subject by statute 17 Geo. III. c. 26? 156, 157.

8. What offences may be referred to the head of cheating; what is the general punishment for all frauds of this kind if indicted at common law; and what frauds are punished by the statutes 83 Hen. VIII. c. 1 and 30 Geo. II. c. 24? 157,

158.

13. What is enacted by several statutes of Geo. II. and Geo. III. to prevent the seduction of our artists abroad, and the destruction of our home manufactures? 160.

CHAP. XIII.-Of Offences against the Public Health and the Public Police or Economy.

1. WHAT are the two offences against the public health of the nation? 161, 162.

2. What is enacted by statute 1 Jac. I. c. 31 as to any person infected with the plague, or dwelling in any infected house; and what is the present law as to quarantine? 161, 162.

3. What is enacted by statutes 51 Hen. IIL st. 6 and 12 Car. II. c. 25, 11 to prevent the selling of unwholesome provisions and wine? 162. 4. What is meant by the public peace and eco nomy? 162.

5. What are the nine offences against the public peace and economy? 162-166, 169–171, 174.

6. What is enacted by the statute 26 Geo. II. c. 33 for the prevention of the offence of clandestine marriages? 162, 163.

7. What is bigamy, or more properly polygamy; what is its effect upon the second marriage; and how is it punished by statute 1 Jac. I. c. 11, with an exception to what five cases? 163, 164. 8. How are wandering soldiers and mariners, or persons pretending so to be, punished by statute 39 Eliz. c. 17? 164, 105.

9. How are persons calling themselves Egyp tians, or gypsies, now punished, by statute 23 Geo III. c. 51 167.

10. What are common nuisances; and of what seven sorts? 167, 168.

11. Who may be indicted, and what shall be equivalent to such indictment, for annoyances in highways, bridges, and public rivers, whether by positive obstructions or want of reparation; and what is a purpresture? 167.

12. What if innkeepers refuse to entertain traveller without a very sufficient cause? 167. 13. How may eaves-droppers be punished? 168. 14. How may a common scold (communia rizatrix)? 168.

15. Into what three clases are idle persons divided, and how is each class punished by statute 17 Geo. II. c. 5; and to what are persons harbouring vagrants liable? 169, 170.

16. What one sumptuary law against luxury is still unrepealed? 170.

10. What are monopolies; and how are they punished? 159.

11. How are combinations among victuallers or artificers to raise the prices of commodities punished by statute 2 & 3 Edw. VI. c. 15? 159, 160.

12. How is the offence of exercising a trade without having served an apprenticeship punished by statute 5 Eliz. c. 4? 160.

statute 13 Geo. II. c. 19 enact to prevent the multiplicity of horse-races; and what, by statute 18 Geo. II. c. 24, if any person win or lose at play, or by betting, 101. at one time, or 204 within twenty-four hours? 172, 173.

18. Who are guilty of the offence of destroying the game upon the old principles of the forestlaw, and who by the game-laws; and what are the four qualifications for killing game, as they are usually called, or, more properly, the ex emptions from the penalties inflicted by the statute law? 174. 175.