specific and extensive remedy than can be had in the courts of law: as, by carrying agreements into execution, staying waste or other injuries by injunction, directing the sale of encumbered lands, &c. IV. The true construction of securities for money, by considering them merely as a pledge. V. The execution of trusts, or second uses, in a manner analogous to the law of legal esPage 436-440 5. The proceedings in the court of Chancery (to which those in the Exchequer, &c. very nearly conform) are, I. Bill. II. Writ of subpana; and perhaps injunction. III. Process of contempt;

tates............

viz., (ordinarily) attachment, attachment with proclamations, commission of rebellion, serjeant-at-arms, and sequestration. IV. Appearance. V. Demurrer. VI. Plea. VII. Answer. VIII. Exceptions; amendments; cross, or supplemental, bills, bills of revivor, interpleader, &c. IX. Replication. X. Issue. XI. Depositions taken upon interrogatories; and subsequent publication thereof. XII. Hearing. XIII. Interlocutory decree; feigned issue, and trial; reference to the master, and report; &c. XIV. Final decree. XV. Rehearing, or bill of review. XVI. Appeal to parliament.......... ............................. Page 442-45h

....

..................

ment....... 2. A crime, or misdemeanour, is an act committed, or omitted, in violation of a public law, either forbidding or commanding it........

? Crimes are distinguished from civil injuries, in that they are a breach and violation of the public rights, due to the whole community, considered as a community.......

4. Punishments may be considered with regard to, I. The power, II. The end, III. The measure, of their infliction..... 6. The power, or right, of inflicting human punishments, for natural crimes, or such as are mala in se, was by the law of navire vested in every individual; but, by the fundamental contract of society, is now tnsferred to the sovereign power: in which also is vested, by the same contract, the right of punishing positive offences, or such as are mala prohibita........

6. The end of human punishments is to prevent futuré offences; I By amending the offender himself. II. By deterring others through his example. III. By depriving him of the power to do future mischief..

1

5

7

7

11

3. A vicious will may therefore be wanting, in the cases of I. Infancy. II. Idiocy, or lunacy. III. Drunkenness; which doth not, however, excuse. IV. Misfortune. V. Ignorance, or mistake of fact. VI. Compulsion, or necessity; which is, 1st, that of civil subjection; 2dly, that of duress per minas; 3dly, that of choosing the least pernicious of two evils where one is unavoidable; 4thly, that of want or hunger; which is no legitimate exPage 22-32 4. The king, from his excellence and dignity, is also incapable of doing wrong.... 3

cuse....

CHAPTER III.

.31 to 37

OF PRINCIPALS AND ACCESSORIES....... 1. The different degrees of guilt in criminals are, I. As principals. II. As accessories......

2. A principal in a crime is, I. He who commits the fact. II. He who is present at, aiding, and abetting, the commission.

3. An accessory is he who doth not commit the fact, nor is present at the commission, but is in some sort concerned therein, either before or after.......

4. Accessories can only be in petit treason, and felony in high treason, and misdemeanours, all are principals........

:

5. An accessory before the fact is one who, being absent when the crime is committed, hath procured, counselled, or commanded another to commit it.......

81

31

335

35

... 36

6. An accessory after the fact, is where a person, knowing a felony to have been committed, receives, relieves, comforts, or assists the felon. Such accessory is usually entitled to the benefit of clergy; where the principal, and accessory before the fact, are excluded from it

CHAPTER IV.

.... 37

42 to 65

OF OFFENCES AGAINST God and Religion.. 1. Crimes and misdemeanours, cognizable by the laws of England, are such as more immediately offend, I. God, and his holy religion. II. The law of nations. III. The king and his government. IV. The public, or commonwealth. V. Jndividuals........

2. Crimes more immediately offending God and religion are, I. Apostasy. For which the penalty is incapacity, and imprisonment. II. Heresy. Penalty for one species thereof: the same. III. Offences against the established church. Either

42

by reviling its ordinances. Penalties: fine; deprivation; imprisonment; forfeiture. Or, by non-conformity to its worship: 1st, through total irreligion. Penalty: fine. 2dly, through Protestant dissenting. Penalty: suspended (conditionally) by the toleration act. 3dly, through popery, either in professors of the popish religion, popish recusants convict, or popish priests. Penalties: incapacity; double taxes; imprisonment; fines; forfeitures; abjuration of the realm; judgment of felony, without clergy; and judgment of high treason. IV. Blasphemy. Penalty: fine, imprisonment, and corporal punishment. V. Profane swearing and cursing. Penalty fine, or house of correction. VI. Witchcraft; or, at least, the pretence thereto. Penalty: imprisonment, and pillory. VII. Religious impostures. Penalty fine, imprisonment, and corporal punishment. VIII. Simony. Penalties: forfeiture of double value: incapacity. IX. Sabbath-breaking. Penalty: fine. X. Drunkenness. Penalty: fine, or stocks. XI. Lewdness. Penalties: fine; imprisonment; house of correction....... Page 43-65 CHAPTER V.

OF OFFENCES AGAINST THE LAW OF NATIONS

66 to 73

1. The law of nations is a system of rules, deducible by natural reason, and established by universal consent, to regulate the intercourse between independent states........

2. In England, the law of nations is adopted, in its full extent, as part of the law of the land......................

8. Offences against this law are principally incident to whole states or nations; but, when committed by private subjects, are then the objects of the municipal law...... 4 Crimes against the law of nations, animadverted on by the laws of England, are, I. Violation of safe-conducts. II. Infringement of the rights of ambassadors. Penalty, in both: arbitrary. III. Piracy. Penalty judgment of felony, without clergy....

66

67

67

..68-73

CHAPTER VI. OF HIGH TREASON...... .............................................................. 74 to 92 1. Crimes and misdemeanours more peculiarly offending the king and his government are, I. High treason. II. Felonies injurious to the prerogative. III. Præmunire. IV. Other misprisions and contempts...........

2 High treason may, according to the statute of Edward III., be committed, I. By compassing or imagining the death of the king, or queen consort, or their eldest son and heir; demonstrated by some overt act II. By violating the king's companion, his eldest daughter, or the wife of his eldest son. III. By some overt act of levying war against the king in his realm. IV. By adherence to the king's enemies. V. By counterfeiting the king's great or

74

3. High treasons, created by subsequent statutes, are such as relate, I. To papists: as, the repeated defence of the pope's jurisdiction; the coming from beyond sea of a natural-born popish priest; the renouncing of allegiance and reconciliation to the pope, or other foreigu power. II. To the coinage or other signatures of the king: as, counterfeiting (or, importing and uttering counterfeit) foreign coin, here current; forging the sign-manual, privy signet, or privy seal; falsifying, &c. the current coin. III. To the Protestant succession; as, corresponding with, or remitting money to, the late pretender's sons; endeavouring to impede the succession; writing or printing in defence of any pretender's title, or in derogation of the act of settlement, or of the power of parliament to limit the descent of the crown.............87-92 4. The punishment of high treason, in males, is (generally) to be, I. Drawn. II. Hanged. III. Embowelled alive. IV. Beheaded. V. Quartered. VI. The head and quarters to be at the king's disposal. But, in treasons relating to the coin, only to be drawn, and hanged till dead. Females, in both cases, are to be drawn and burned alive........

CHAPTER VII.

92

OF FELONIES INJURIOUS TO THE KING'S PRE ROGATIVE.......... 04 to 102 1. Felony is that offence which occasions the total forfeiture of lands of goods at common law now usually als punishable with death, by hanging; aless through the benefit of clergy..

2. Felonies injuriors to the king's prerogative (of whica come are within, others without, clergy) are, I. Such as relate to the coin: as. the wilful uttering of counterfeit money, &c.: (to which head some inferior isdemeanours affecting the coinage may be also referred.) II. Conspiring or attempting to kill a privy counselor. III. Serving foreign states, or enlisting soldiers for foreign service. IV. Embezzling the king's armour or stores. V. Desertion from the king's armies, by land or sea............... ......... ...............

OF PRÆMUNIRE.

CHAPTER VIII.

94

.......... 98-102

popish priests in England. III. Molesting the possessors of abbey-lands. IV. Acting as broker in a usurious contract, for more than ten per cent. V. Obtaining any stay of proceedings in suits for monopolies. VI. Obtaining an exclusive patent for gunpowder or arms. VII. Exertion of purveyance or pre-emption. VIII. Asserting a legislative authority in both or either house of parliament. IX. Sending any subject a prisoner beyond sea. X. Refusing the oaths of allegiance and .supremacy. XI. Preaching, teaching, or advised speaking in defence of the right of any pretender to the crown, or in derogation of the power of parliament to limit the succession. XII. Treating of other matters, by the assembly of peers of Scotland, convened for electing their representatives in parliament. XIII. Unwarrantable undertakings by unlawful subscriptions to public funds.... Page 115-117

8. Negative misprisions are, I. Misprision of treason. Penalty: forfeiture and imprisonment. II. Misprision of felony. Penalty: fine and imprisonment. III. Concealment of treasure trove. Penalty: fine and imprisonment................ .120-121 4. Positive misprisions, or high misdemeanours and contempts, are, I. Maladministration of public trusts, which includes the crime of peculation. Usual penalties: banishment; fines; imprisonment; disability. II. Contempts against the king's prerogative. Penalty: fine and imprisonment. III. Contempts against his person and government. Penalty: fine, imprisonment, and infamous corporal punishment. IV. Contempts against his title. Penalties: fine and imprisonment; or, fine and disability V. Contempts against his palaces, or courts of justice. Penalties: fine; imprisonment; corporal punishment; loss of right hand; forfeiture.................. ..............................

CHAPTER X.

121-126

without clergy. II. Compelling prisoners to become approvers. Penalty: judgment of felony. III. Obstructing the execution of process. IV. Escapes. V. Breach of prison. VI. Rescue.-Which four may (according to the circumstances) be either felonies, or misdemeanours punishable by fine and imprisonment. VII. Returning from transportation. This is felony, without clergy. VIII. Taking rewards to help one to his stolen goods. Penalty: the same as for the theft. IX. Receiving stolen goods. Penalties: transportation; fine; and imprisonment. X. Theft bote. XI. Common barretry, and suing in a feigned name. XII. Maintenance. XIII. Champerty. Penalty, in these four: fine and imprisonment. XIV. Compounding prosecutions on penal statutes. Penalty: fine, pillory, and disability. XV. Conspiracy; and threats of accusation in order to extort money, &c. Penalties: the villenous judgment; fine; imprisonment; pillory; whipping; transportation. XVI. Perjury, and subornation thereof. Penalties: infamy; imprisonment; fine, or pillory; and sometimes transportation, or house of correction. XVII. Bribery. Penalty: fine, and imprisonment. XVIII. Embracery. Penalty: infamy, fine, and imprisonment. XIX. False verdict. Penalty: the judg ment in attaint. XX. Negligence of public officers, &c. Penalty: fine and forfeiture of the office. XXI. Oppression by the magistrates. XXII. Extortion of officers. Penalty, in both: imprisonment, fine, and sometimes forfeiture of the office........ ........................................... 128-141

CHAPTER XI. .

OF OFFENCES AGAINST THE PUBLIC PEACE....

142 to 158

1. Offences against the public peace are, I. Riotous assemblies to the number of twelve. II. Appearing armed, or hunting, in disguise. III. Threatening, or demanding any valuable thing, by letter. All these are felonies, without clergy. IV. Destroying of turnpikes, &c. Penalties: whipping; imprisonment; judgment of felony, with and without clergy. V. Affrays. VI. Riots, routs, and unlawful assemblies. VII. Tumultuous petitioning. VIII. Forcible entry and detainer. Penalty, in all four: fine, and imprison. ment. IX. Going unusually armed. Penalty forfeiture of arms, and imprisonment. X. Spreading false news. Penalty: fine, and imprisonment. XI. Pretended prophecies. Penalties: fine; imprisonment; and forfeiture. XII. Challenges to fight. Penalty: fine, imprisonment, and sometimes forfeiture. XIII. Libels. Penalty: fine, imprisonment, and corporal punishment.......

CHAPTER XII.

142-155

OF OFFENCES AGAINST PUBLIC TRADE... 154 to 160 1. Offences against the public trade are,