" For hoping well to deliver myself from mistaking, by the order and perspicuous erpressing “ of that I do propound, I am otherwise zealous and affectionate to recede as little from "antiquity, either in terms or opinions, as may stand with truth, and the proficience of know" ledge."— Lord Bac. Adv. of Learning.

The Seventh edition,

BY

JAMES STEPHEN, ESQ., LL.D.,

JUDGE OF COUNTY COURTS,
LATE PROFESSOR OF ENGLISH LAW AT KING'S COLLEGE, LONDON,

AND FORMERLY RECORDER OF POOLE,

IN FOUR VOLUMES.

VOL. IV.

LONDON: BUTTERWORTHS, 7, FLEET STREET,

Law Publishers to the Queen's most ercellent Majesty.

HODGES, FOSTER & CO., GRAFTON STREET, DUBLIN. CALCUTTA : THACKER, SPINK & co. BOMBAY : THACKER, VINING & CO.

MELBOURNE: GEORGE ROBERTSON.

LONDON: PRINTED BY C. ROWORTH AND SONS,

NEWTON STREET, HIGH HOLBORN.

CONTENTS OF THE FOURTH VOLUME.

Book VI,

OF CRIMES.

CHAP. I.

OF THE NATURE OF CRIMES AND THEIR PUNISHMENTS.

PAGE

4

7

Of the Distinction between Crimes and Civil Injuries

Of Misdemeanors and Felonies

Of the Power of Human Punishment

Of the End of Human Punishment..

Of the Measure of Haman Punishment

..

13

14

CHAP. II.

OF THE PERSONS CAPABLE OF COMMITTING CRIMES.

Of Persons who are not capable of committing Crimes

Of Infancy

Of Idiocy or Lunacy

Of Drunkenness

Of Misfortune or Chance

Of Ignorance or Mistake

Of Compulsion and Necessity

Of the Incapacity of the Sovereign to commit Crime

21

23

25

29

30

ibid.

31

36

Of a Principal in the First Degree

Of a Principal in the Second Degree

Of Accessories

Of Accessories before the fact

Of Accessories after the Fact

Of the Punishment of Accessories

39

ibid.
CHAP. IV.

OF OFFENCES AGAINST THE PERSON.

PAGE

47

48

52

59

Of Homicide

Of Justifiable Homicide ..

Of Excusable Homicide

Of Self-Murder

Of Manslaughter

Of Murder ..

Of Attempts to Murder

Of Acts causing Danger to Life or Bodily Harm

Of Procuring Miscarriage

Of Abduction of Females

Of Rape

Of Defilement or Abuse of Children

Of the Crime against Nature

Of Kidnapping and Child Stealing

Of Abandoning Children

Of Endangering Railway Passengers

Of Setting Spring Guns, or destructive Engines

Of Assaults, Batteries and False Imprisonment

63

66

78

79

83

84

85

91

92

93

94

95

96

97

CHAP. V.

OF OFFENCES AGAINST PROPERTY.

..

Of Arson

Of Burglary

Of Sacrilege and Housebreaking

Of Larceny

Of Larceny in a Dwelling-house

Of Larceny in Ships, Wharfs, &c.

Of Larceny from the Person..

Of Assault with intent to Rob

Of Extorting Money by Threats, Accusations, &c.

Of Larceny or Embezzlement by Clerks, Servants, &c.

Of Larceny in relation to the Post Office

Of Receiving Stolen Property

Of Malicious Mischief

Of Forgery

Of Obtaining Money by False Personation

Of Obtaining Money by False Pretences

Of Fraudulent Concealment of Deeds, or Falsification of Pedigree

99

104

111

112

123

124

ibid.

127

129

ibid.

135

136

138

141

146

ibid.

147

..

CHAP, VỊ.

OF OFFENCES AGAINST THE GOVERNMENT.

..

..

..

Of Treason

Of Misprision of Treason

Of Discharging Fire Arms, &c. at the Queen..

Of Treason Felony

Of Scandal against the Sovereign

Of Præmunire

Of Contempts against the Title of the Sovereign

Of Contempts against the Crown's Ecclesiastical Supremacy

Of Contempts against the Royal Palaces

Of Maladministration of High Officers..

Of Selling Public Offices

Of Offences relating to the Coin..

Of Offences relating to the Royal Stores, Ships, &c.

Of Serving Foreign States

Of Desertion, or Seducing to Desert

Of Unlawful Oaths, and Illegal Societies
Of Miscellaneous Contempts against the Prerogative

PAGE

149
165
166
167
168

ibid.

185

ibid.

186

187

188

ibid.

194

195

196

197

199

Of the Law of Nations

Of the Violation of Safe-Conducts, &c.

Of the Violation of the Rights of Ambassadors

Of Piracy ..