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19. What are the punishments for unqualified | persons transgressing the game-laws in what ways; and how may those punishments be inflicted? 175.
21. What is felonious homicide, aLd of wha two kinds? 188.
22. What is self-murder, or felo de se; does it admit of accessories; when, and in whom, may 20. What is enacted for the preservation of it happen, and when in a real lunatic? 189, 190. game by statute 28 Geo. II. c. 12? 175.
CHAP. XIV.-Of Homicide.
1. Or what three principal kinds are those crimes and misdemeanours which in a more pecubar manner affect and injure individuals or Frivate subjects? 177.
2. Of crimes injurious to the persons of private subjects, what is the most principal and important? 177.
23. How is self-murder punished? 190. 24. What if a husband and wife be possessed jointly of a term of years in land, and the husband drown himself; and why? 190.
25. How do the two degrees of guilt in killing another divide the offence; and what is the dif ference between either division of it? 190.
26. How is manslaughter therefore defined; and of what two branches is it? 191.
27. When is it voluntary manslaughter; and what circumstance makes it amount to murder?
3. Of what three kinds, and of what three de- 191. grees of guilt, is homicide? 177, 178.
4. In what three cases is homicide justifiable? 178, 179.
5. What offence is it wantonly to kill the greatest of malefactors? 178.
6. What if judgment of death be given by a judge not authorized by lawful commission, and execution be done accordingly? 178.
7. What if even the judge execute his own judgment; and what if an officer behead one who is adjudged to be hanged, or vice versâ? 179.
8. Of what six kinds are justifiable homicides, committed for the advancement of public justice? 179, 180.
9. But, in all these first five cases, what apparent necessity must there be on the officer's side? 180.
10. When is it lawful to kill any person who pts & burglary; and what is the uniform le that runs through all laws as to repelli unes by homicide? 180, 181.
... What is Mr. Locke's doctrine on this subject, and how is it received by the commentator? 181, 182.
12. Wherein does excusable differ from justifiable homicide; and of what two sorts is the former? 182.
13. In what cases does homicide per infortunium, or misadventure, happen? 182.
14. In what cases, however, is the slayer guilty of manslaughter and not misadventure only; but when are deaths in tilts or tournaments, boxing, or sword-playing only misadventure? 183.
15. What is homicide in self-defence, or se defendendo; what is chance-medley, or chaud-medley; and what must appear to excuse homicide by the plea of self-defence? 183, 184.
16. What seems to be the true criterion to distinguish homicide upon chance-medley, in self-defence. from manslaughter in the legal sense of the word? 184, 185.
17. What civil and natural relations are comprehended under the excuse of se defendendo, and why? 186.
18. Is there not one species of homicide se defendendo where the party slain is equally innocent with him who occasions his death; and upon what principle is this homicide excusable? 186.
19. In what circumstances do the two species of homicide by misadventure and self-defence agree; and what does the law's high value for the life of a man always intend? 186, 187.
20. What is the penalty for homicide? 188.
28. In what, therefore, does voluntary man. slaughter differ from excusable homicide, se defendendo? 192.
29. In what does involuntary manslaughter differ from homicide excusable by misadventure? 192.
30. But what circumstances will make involuntary manslaughter amount to murder? 192, 193. 31. What is the punishment of manslaughter? 193.
32. But is there not one species of manslaughter which is punished as murder by statute 1 Jac. I. c. 8; and how is this statute construed? 193, 194.
33. How is murder defined, or rather described, by Sir Edward Coke? 195.
34. What if a person be indicted for one species of killing, or for killing with one weapon, and it proves to have been another? 196.
35. May a man be guilty of murder although no stroke be struck by himself, or no killing primarily intended? 196.
36. Within what time after the stroke received must the party die in order to make the killing murder? 197.
37. When is it murder to kill a child in its mother's womb; and what is enacted by the statute 21 Jac. I. c. 27 as to a mother's concealing the death of her bastard child; but what is now required upon trials for this offence? 198.
38. What constitutes malice prepense, malitia præcogitata; and when is mulice express, and when implied, in law? 198-201.
39. Who are guilty of murder in deliberate duelling? 199.
40. If two or more come together to do an unlawful act against the king's peace, and one of them kill a man, in whom is it murder? 200.
41. What if one intend to do another felony, and undesignedly kill a third man? 201. 42. Unless in what cases may it be taken for a general rule that all homicide is malicious? 201.
43. What is the punishment of murder; and what is enacted on that subject by statute 25 Geo. II. c. 37? 201, 202.
44. What is petit treason (parva proditio), and by what three ways may it happen, according to statute 25 Edw. III. c. 2? 203.
45. Of what crime is a servant guilty who kills his master whom he has left upon a grudge conceived against him during service; and whom is it petit treason in a clergyman to kill? 203.
46. May a person indicted of petit treason he
found guilty of manslaughter or murder; and how many witnesses are necessary in case of petu treason? 204.
47. What is the punishment for petit treason, and what in a woman, by statute 30 Geo. III. c. 48? 204.
48. What is the punishment for the aiders, abettors, and counsellors of petit treason? 204.
CHAP. XV.-Of Offences against the Persons of Individuals.
1. Or what two degrees of guilt are other offences against the persons of individuals! 205. 2. What are the four felonies? 205, 208 210, 215.
3. What amounts to mayhem, mayhemium; and how is it punished by statutes 5 Hen. IV. c. 5, 37 Hen. VIII. c. 6, and 22 & 23 Car. II. c. 1, called the Coventry act? 205-207.
4. What is enacted by statute 9 Geo. I. c. 22 as to the offence of maliciously shooting at any person? 207, 208
5. What is enacted by statutes 3 Hen. VII. c. 2 and 30 Eliz. c. 9 as to the offence of forcible abduction and marriage of a female, or, as it is vulgarly called, stealing an heiress? 208.
6. What four things have been determined in the construction of the first of these statutes; what has been determined as to the will of the woman; and what general rule of law may be violated in punishing this offence? 208, 209.
7. What is enacted by the statutes 4 & 5 Ph. and M. c. 8 and 26 Geo. II. c. 33 as to an inferior degree of the same kind of offence? 209,
8. What is the crime of rape; and what is enacted as to its punishment by statute 18 Eliz. c. 7? 210, 212.
9. Who is presumed by the law incapable to commit a rape? 212.
10. Can a rape be committed upon a concubine or harlot? 212, 213.
11. What has been determined as to the competency and credibility of witnesses upon an indictment of rape; and what has been now settled as to hearsay evidence of the declarations of a child who hath not capacity to be sworn? 213, 214.
12. What is the punishment for the crime against nature? 215, 216.
13. What are the five inferior offences or misdemeanours against the personal security of the subject? 216.
17. What is kidnapping; how is it punished a common law; and what does a clause of the statute 11 & 12 W. III. c. 7 enact to prevent the leaving of kidnapped persons abroad? 219.
CHAP. XVI.-Of Offences against the Habitations of Individuals.
1. WHAT are the only two offences that mor immediately affect the habitations of individuals, or private subjects? 220.
2. What is arson (ab ardendo)? 220.
3. What is such a house as may be the subject of arson? 221.
4. When is wilfully setting fire to one's own house arson; and when a high misdemeanour ? 221. 5. What if a landlord or reversioner set fire to
his own house of which another is in possession under lease? 221.
6. What amounts to the burning which constitutes arson; and what is enacted by the statute 6 Anne, c. 31 if any servant negligently set
fire to a house or outhouses? 222.
7. How is arson punished in whom? 222, 223. 8. What is burglary, burgi latrocinium; what may a man do to protect his house which he is not permitted to do in any other case; and how is a burglar defined by Sir Edward Coke? 223, 224.
9. At what time must the burglary be committed; and what is held as to the light by which
it is committed? 224.
10. What is Sir Edward Coke's definition of the place in which a burglary must be commited; and why does it not seem extensive enough; and when may a burglary be committed in a barn, stable, or warehouse? 224, 225.
11. When is a lodging the mansion-house of the lodger; and can burglary be committed in the shop, parcel of another man's house, which I hire to work or trade but not to lie in, or in a tent or booth erected in a market or fair, in which I do lodge? 225, 226.
12. As to the manner of committing burglary, what must there be to complete the offence; and what if a hole be broken one night, and the same breakers enter the next night through the same? 226.
13. In what cases may burglary be committed without breaking, or loosing of fastenings ? 226,
14. What is sufficient to constitute the entry which is burglarious; and what is declared as to the precedence of the entry and the burglary by statute 12 Anne, c. 7? 227.
15. What is the law as to the intent of burglary? 227, 228.
16. How is burglary punished in whom? 228
14. What are the public penalties for assault, battery, and wounding; what other ignominious corporal penalties are inflicted in the case of assaults with intent to murder, or to commit either of the crimes last spoken of; and, when both parties are consenting to the last crime, what is CHAP. XVII.—Of Offences against Private Proit usual to charge? 216, 217.
15. What is enacted by the statute called articuli cleri, 9 Edw. II. c. 3, as to the offence of beating a clerk in orders? 217, 218.
of the peace? 229.
1. WHAT are the three offences against private subjects which more immediately affect their pro16. As to the public offence of false imprison-perty, two of which are attended with a breach ment, how is the sending of any subject of this realm a prisoner beyond the seas punished; what does the statute 43 Eliz. c. 13 declare as to this kind of offence in the four northern counties; and how are inferior degrees of false mprisonment punishable by indictment? 218.
2. Into what two sorts is larceny, by contraction for latrociny, latrocinium, distinguished by the law? 229.
3. When is simple larceny called grand, and when petit, larceny? 229
4. What is simple larceny? 229
5. In what cases may a carrier of goods commit the offence of larceny upon those goods? 280
6. What is enacted by statutes 33 Hen. VI. c. 1 and 21 Hen. VIII. c. 7 in cases of servants embezzling 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 guħty of felony in taking his own goods? 231. 9. What is a sufficient asportation of goods to constitute a larceny? 231.
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. 42, 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 relating 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 subject by statutes 9 Geo. I. c. 22, 16 Geo. III. c. 80, 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, *235. 18. Can larceny be committed if the owner be unknown? *235.
19. When only is stealing a corpse felony *235.
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? 238, 239.
22. What is mixed, or compound, larceny? 239. 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? 239, 240.
24. Of what two sorts is larceny from the person? 241.
25. How is the offence of privately stealing from a man's person punished? 241.
26. What three requisites are there to the offence of open and violent larceny from the verson, or robbery; and how, and in whom, is it now in all cases punished? 241–243.
27. What is the malicious mischief which the law considers as a public crime? 243, 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 burning or destroying corn, hay, &c., or killing cattle; 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 destroying 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. 48 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? 243-246.
29. What is forgery, or the crimen falsi? 247. 30. What forgeries have been capitally punished 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? 248, 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 Offences.
1. How may crimes and misdemeanours be prevented? 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 security? 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 shail re e? 254, 255.
1. In discussing the method of inflicting punishments, what two things are to be considered? 258.
2. Of what two natures are the several courts o criminal jurisdiction? 258.
3. In what degree are these criminal courts independent 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.
missions of oyer and terminer, and general gost 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 cour of general quarter sessions of the peace be held, and what is its jurisdiction and mode of proceeding; is there any appeal from its orders upon motion; and who has the custody of ita 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 scssions 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 frankpledge; 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? 273, 274.
22. What is the object of the jurisdiction of court of the coroners? 274.
23. To what is the court of the clerk of the market incident; what is the object of its jurisdiction; whence is the officer called the clerk; and what punishments has he authority to inflict? 275.
5. For what is the court of the lord high stew-the 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.
6. Where is the trial of an indicted peer properly during the session of parliament; and what different authority has the lord high steward when he sits in the high courts of parliament, and when he sits in his own court? 263.
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?
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 488izes, two of which are of a civil nature and bave been before explained? 269.
14. Who are bound to attend the third, which In the commission of the peace? 270.
15 To whom are the fourth and fifth c. mis
24. What are the three private or special courta of criminal jurisdiction? 276, 277.
25. For what purpose was the court of the lord steward, treasurer, or comptroller of the king'➜ household instituted by statute 3 Hen. VII. c. 14; and what is the course of its proceedings ? 276.
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 preceedings? 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 Oxford, 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 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 prosecution; and what if it be wantonly and
5. What is the process of these summary convictions; 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 instances 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 privilege 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 oath; 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 jurisdiction 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 it 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.
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 highwaymen; by statutes 6 & 7 W. III. c. 17 and 15 Geo. II. c. 28 as to offenders against the coinage, ty 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 reward; 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 whether bailable or not? 299.
7. Upon what three accusations must persons be bailed upon offering sufficient security'
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.
4. Whither does a warrant from a justice of the CHAP. XXIII.-Of the several Modes of Prose tourt of king's bench extend; and where is it teste'd, or dated? 291.
5. But what must take place before the warrant 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,
6. By what five officers may arrests be executed 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 statute 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 8 Geo. II. c. 16 if an officer refuse or neglect to make it; by whom may it be raised what powers has the constable in its
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? 301.
3. What is a presentment, properly speaking!
4. What is an inquisition of office; and of what two kinds? 301, 302.
5. What is an indictment? 502.
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 inquire of a fact done out of that county for which they are sworn; and what is enacted by the statute 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 versa, by several statutes of Hen. VIII. and Edw. VI. where treason is committed out of the realm; by