pound or agree with the defendant, but after answer made in court; nor after anfwer, but by the order or confent of the court; on pain of being fet on the pillory, in fome market town next adjoining, in open market, for two hours, and of being difabled to be informer on any penal statute, and also of forfeiting sol. half to the king, and half to the party grieved, to be recovered in any court of record, by action of debt or information: and the juftices of afize, and justices of the peace in feffions, may hear and determine all offences against this aft. 1. 4.

The above ftatute extends as well to fubfequent penal statutes, as to those which were in being when it was made. Hutton, 35.

Alfo it extends to the compounding of fuits commenced in courts which have no jurisdiction, as much as if they had a jurifdiction. 2 Hawk. c. 26. f. 79.

Ingroffing. See forefalling.
Inns and Innkeepers. See Alehouses.
Inquifition. See Coroner-Indiaments.

Inrolment.

·BY 27 Hen. 8 c. 16, no lands or hereditaments fhall pafs whereby any ftate of inheritance or freehold fhalt be made, or any ufe thereof, by reafon only of any bargain and fale, except the bargain and fale be made by writing indented and inrolled in one of the king's courts of record at Wefiminfer, or within the county where the lands lie, or before the cuflos rotulorum and two juftices of peace, and the clerk of the peace of the county, or two of them, whereof the clerk of the peace to be one; and the fame inrolment to be made within fix months after the date of the writings, the cuftos rotulcrum, or justices of the peace and clerk, taking for the inrolment, where the land exceeds not the yearly value of 40s. 25. viz. 12d. to the juftices and 12d. to the clerk; and for the inrolment of fuch writing wherein the land comprised exceeds 40s. in yearly value 5s. and the clerk of the peace fhall inrol the deeds, and the - rolls thereof at the end of every year fhall deliver unto the cufios rotulorum, to remain in his cuftody amongst other records of the counties.

And by 5 Eliz. c. 26, all fuch inrolments in the counties of Lancafler, Chester, and Durham, within fix months,

3

(viz.

(viz. in the chancery or before the juftices of aflize at Lancafter, for lands in the county of Lancaster; in the court of exchequer or before the juftices of aflize at Chester, for lands in the county of Chefter; or in the court of chancery or before the juftices of aflize at Durham, for lands in that county,) fhall be as valid as if inrolled at Westminster.

But the acts fhall not extend to lands within any city, borough, or town corporate, wherein the mayors, recorders or other officers have authority to inrol deeds. 27 Hen. 8. c. 16. f. 2. 5 Eliz. c. 26. f. 2.

Infolvent Debtors. See Gaols, &c.
Infurrection. See Riots.

Iron and Steel,-feducing Manufacturers in, to go
out of England. See Manufactures, &c.
Iron and Steel, exporting Tools. See Smuggling,
div. ii. § 2.

Judgment.

IT feems to be generally agreed, that a man can no other way be attainted of treafon or felony at this day but only by judgment by exprefs fentence, or by outlawry. 2 Hawk. c. 48. f. 25.

And of judgments by exprefs fentence there are two Judgment by ex kinds. First, fuch as are fixed and ftated and always the preis fentence. fame for the fame fpecies of crimes; fecondly, fuch as are difcretionary and variable, according to the different circumstances of each cafe. 2 Hawk. c. 48. S. 1.

And in fixed and stated judgments, the law makes no difference between a peer and a commoner, or between a common or ordinary cafe, and one attended with extraordinary circumstances'. 2 Hawk. c. 48. f. 2.

1. As to fixed and flated judgments.] The fettled judgment In high treafon at this day against a man for high treafon, not relating to not relating to the coin, feems to be, that he fhall be carried back to the

Therefore it was adjudged in Felton's cafe, who was convicted, by confeffion, of the murder of the duke of Buckingham, that the court could not order his hands to be cut off, nor make it part of the fentence that his body should be hanged in chains; but that the body after execution being at the king's difpofal, might be hanged in chains, or otherwife ordered as the king should think fit. 2 Hawk. c. 48. f. 2.

the coin.

In high treafon

place from whence he came, and from thence be drawn to the place of execution, and be there hanged by the neck, and cut down alive, and that his entrails be taken out, and burnt before his face, and his head cut off, and his body divided into four quarters, and his head and quarters difpofed of at the king's pleasure. 2 Hawk. c 48, f. 3:

And the proper judgment against a man for high treafon relating to the in counterfeiting the king's coin or feal, is, that he fhall be drawn to the place of execution, and there hanged by the neck till he be dead. 2 Hawk. c. 48. f. 4.

coin.

In petit treafon.

In felony.

In præ munire.

Mifprision of

treaton.

The judgment against a man for petit treafon is the fame with that for counterfeiting the coin; namely, that he fhall be drawn to the place of execution, and there hanged by the neck till he be dead. 2 Hawk. c. 48. J. 5:

And till very lately the judgment against a woman in all cafes of treafon, whether high or petit treafon, was, that the fhould be drawn to the place of execution and there burnt. 2 Hawk. c. 48. f. 6. But this is now altered by 30 Ges. 3. c. 48, which enacts, that in all cafes of conviction of any woman for high or petit treafon, the judgment fhall be, that the fhall be drawn and hanged, and not burned; and if any woman is convicted of petit treason, she fhall be liable to fuch farther penalties as are directed by ftat. 25 Geo, 2. c. 37, to be given upon perfons convicted of wilful mur

der.

The judgment against a man or woman in all cafes of felony hath always been, that he or she be hanged by the neck till dead 2. 2 Hawk. c. 48. f. 7. 2 Hale's "Hift.

399.

Judgment in pramunire, at the fuit of the king against the defendant, being in prifon, is, that he fhall be out of the king's protection; and that his lands and tenements, goods and chattels fhall be forfeited to the king, and that his body fhall remain in prifon at the king's pleafure; but if the defendant be condemned upon his default in not appearing, whether at the fuit of the king or party, the fame judgment fhall be given as to the being out of the king's protection, and the forfeiture; but instead of the claufe that the body fhall remain in prifon, there fhall be an award of a capiatur. 2 Hawk. c. 48. f. 9.

The judgment against a man for mifprifion of treafon is, that he thall be imprisoned during his life, and forfeit all

2 For the fuper additions to the ufual fentence of death in the cafe of wilful murder, fee title HOMICIDE, div. Murder.

his goods and the profits of his lands during his life.
2 Hawk. c. 48. f. 10.

And it is enacted by ftatute 12 Geo. 3. c. 20, that every Standing mute. perfon who being arraigned for felony or piracy, fhall stand mute3, or not anfwer directly to the offence, fhall be convicted of the fame; and the fame judgment and execution (with) all their confequences in every refpect) fhall be thereupon awarded, as if the perfon had been convicted by verdict or confeffion of the crime.

tutes.

And by many statutes peculiar punishments are appointed Judgment by for feveral offences, as pillory, whipping, ftocks, imprifon- particular ftament, and the like; and in all thefe cafes no room is left' for the juftices' difcretion, for they ought to give judgment, and to inflict the punishment in all the circumstances thereof, as fuch ftatutes do direct. Dalton, c. 188.

On a conviction of homicide fe defendendo, or by mifad- In homicide fe venture, no judgment at all is to be given, but the party defendendo, or let to mainprize in order to purchase his pardon. 2 Hawk. by miladventure. 6.48. f. I.

pru

2 As to judgments by exprefs fentence which are diferctionary In lefs enormous and variable.] Hawkins obferves in general, that for crimes offences. of an infamous nature, fuch as petit larceny +, perjury, or, forgery at common law, grofs cheats, confpiracy not requiring a villainous judgment 5, keeping a bawdy-houre, bribing witneffes to stifle their evidence, and offences of the like nature against the first principles of natural juítice and common honefty, it seems to be in a great meafure left to the dence of the court, to inflict fuch corporal punishment, and alfo fuch fine and binding to the good behaviour for a certain time, as fhall feem moft proper and adequate to the of fence, from the confideration of the bafenefs, enormity, and dangerous tendency of it, the malice, deliberation, and wilfulness, or the inconfideration, fud dennefs, and furprize with which it was committed, the age, quality, and degree of the offender, and all other circumftances which may any way aggravate or extenuate the guilt. 2 Hawk. c. 43. f. 14.

But it is to be obferved, that the court may affefs a fine, Judgment when but cannot award any corporal punishment againit a de-defendant is abfendant, unless he be actually prefent in court. 2 Hark.

6. 48. f. 17.

3 See this fubject fully treated of under title MUTE.

4 Petit larceny is punishable by imprisonment, or whipping, at common law; er by fat. 4. Geo. 1. c. 11, by transportation for seven years. See vol. 2,

P. 31.

5 For this judgment, fee vol. i. p. 525

E 4

And

fent.

When there are

ants.

And when there are feveral defendants, a joint award of one feveral defend- fine against them all is erroneous, for it ought to be feveral against each defendant; for otherwife one who hath paid his proportionable part might be continued in prifon till all the others have alfo paid theirs, which would be in effect to punish him for the offence of another. 2 Hawk. c. 48. f. 18.

Fine and ranfom.

Mitigation of fine.

Moving in arrest of judgment.

Outlawry.

It feems according to Coke, that where a man is to make fine and ranfom, this, in legal understanding, is to be taken as one and the fame thing, under different names; called a fine, because it makes an end of the bufinefs, and a ranfom, because it redeems from imprisonment; for if they were different things, it would follow, that where the books fay, that a man fhall make a fine and ranfom, they must be taken to intend that he ought to pay two different fums, of which there is no precedent. Coke Litt. 127.

A fine is under the power of the court, during the term in which it is fet, and may be mitigated as fhall be thought proper, but after the term it admits of no alteration. 2 Hawk. c. 48. f. 20.

By the courfe of the court of King's Bench, upon every conviction in that court of a crime capital or not capital, whether by verdict or confeffion, the party is to have four days to move in arreft of judgment, if there be so many days remaining of the term; and if not, then the longest time that can be had in the term. 2 Hawk. c. 48. f. 1.

As to judgment of OUTLAWRY.] This judgment is given by the coroner at the fifth county court, upon the party not appearing to the exigent, which is a writ commanding the fheriff to caufe the defendant to be demanded, from county court to county court, until he be outlawed. 2 Hark, c. 48. f. 21.

And it feems agreed, that when a judgment of outlawry for treafon or felony appears of record, by the fheriff's return of the exigent; and it hath been holden, that if it appears not by fuch return, but only by the coroner's return of a certiorari, to them directed to certify whether the party were outlawed or not; the party is as much attainted, and fhall forfeit and lofe as much as if fentence had been given against him upon verdict or confeffion, 2 Hawk. c. 48. S. 22.

But if fuch outlawry appear to the court to be erroneous, whereof any one, as amicus curia, may inform them, the party fhall have counfel affigned him to take advantage of the error; but if he will neither bring a writ of error, nor plead in convenient time, and the outlawry be voida ble only and not void, the proper execution fhall be awarded

against