105 By 10 Geo. 2. c. 32. to remove any of the piles [If a servant kills his master he is guilty of petit 340 ib. 460 is felony without clergy. (N.) A sheriff is punishable for persuading a jury to 417 By 4 & 5 Phil. & Mary, c. 8. whoever shall un- 519 to 526 be imprisoned two years, and fined at discre- In what case he has power to raise the posse co- mitatus. 509. 514. 517.519 In what case an under-sheriff may execute a SHIPS & SHIPWRECK. By 12 Ann. c. 18. magistrates and officers, upon 347 By 26 Geo. 2. c. 19. whoever shall plunder the And servants or clerks embezzling their master's By 15 Geo. 2. c. 13. servants of the bank of If any magistrate, officer, &c. shall be assaulted England, embezzling the property they are 161 or wounded in endeavouring to save goods 117 If the offence be committed in Wales it may be tried in the next adjoining English county. 349 to the prejudice of the underwriters, the of-1 fender shall suffer death, which by the 11 Geo. sert, incurs a penalty of £40, six months' imprisonment, and pillory. 49 1. c. 21. is explained to mean without benefit By 37 Geo. 3. c. 70. to attempt to seduce any of clergy. 346 person serving in H. M. forces, felony without clergy. By 33 Geo. 3. c. 3. it is, for a second offence, felony to prevent ships being loaded. 537 SHOP. See BURGLARY. LARCENY. By 10 & 11 Will. 3. c. 23. whoever shall privately steal from any shop to the value of £15, is guilty of felony without clergy; clergy restored by 4 Geo. 4. c. 53. 201 SHOOTING AT ANOTHER. By 43 Geo. 3. c. 58. if any person shall wilfully shoot at another, &c. he shall suffer death without clergy. SHROUD. 112 He who takes off a shroud from a dead corpse who was the owner thereof when it was put 150. s. 46 on. SORCERY. See WITCHCRAFT. 753 Where a statute expresses that which the law would have implied, it shall operate nothing: expressio eorum quæ tacite insunt nihil operatur. 373. s. 8. 379. s. 33 may be indicted as having stolen it from him An affirmative statute shall not abrogate any SIGNS. 542 Where a statute makes no new offence, but only made felony. 72 ib. But felony shall not be inferred where the words 670 of a statute are doubtful. Where a statute makes a second offence felony, or inflicts an additional punishment, a conviction for the first is always implied. ib. 357 The consequence of a statute creating a felony. ib. Where a statute saves corruption of blood, it impliedly saves the descent of land, dower, &c. 32 73 By 2 & 3 Ann. c. 20. if any officer or soldier shall hold correspondence with any rebel, or If a statute creating a felony be repealed after enemy, by letters, messages, &c. he shall be the offence is committed, the offender cannot guilty of high treason. be punished as a felon. ib. To refuse to serve the king against invaders, or Statutes for the preservation of the public peace, in his wars abroad, is a contempt of the preshall receive a liberal construction for the adrogative. vancement of justice. 518. s. 16 By 39 Eliz. c. 17. soldiers wandering without, In what case a statute shall be equitably con 65 499. s. 15 or with a forged testimonial, &c. &c. are strued. guilty of felony without clergy. 287 Judges are bound, ex officio, to take notice of a By 18 Hen. 6. c. 19. soldiers departing from public statute. their captains without license, shall be guilty By 7 Hen. 7. c. 1. and 3 Hen. 8. c. 5. if any The offence of taking a reward to restore stolen common soldier shall depart from his captain without leave, during service, he shall be The offence of advertising a reward for stolen guilty of felony without benefit of clergy. 48 By 2 Edw. 6. c. 2. if any soldier shall desert during actual service, with booty, &c. he shall suffer without clergy. 249 217 The offence of buying stolen goods, By 1 Geo. 1. c. 47. to persuade a soldier to de 220. 226 226 STORES 481. s. 14 In what cases a warrant for surety of the peace may be superseded. How a restitution on an indictment of forcible entry may be superseded. 511 In what case the attorney-general may take a 707. s. 5 traverse upon a traverse. A justice's record of a riot, in what cases not traversable. 518, 519 How far the lands of an heir may be seized for How an Indictment of forcible entry is to be A record of a forcible entry not traversable. 497 the recusancy of the ancestor. traversed, and what is to be done on such tra TAIL. 383 TENANT, TENEMENT, AND TENURE. How far a tenant may maintain his lord. 459 dictment of forcible entry. How far persons are bound by tenure to repair highways and bridges. 693. 706 The word "tenement" too uncertain in an in- If a wife join in or do the act of treason, no pleas 504 of coverture or coercion shall extenuate her guilt. 4 High treason was anciently a crime of a very indefinite and unsettled description: instances given. 5. s. 1. (N) 1 TEST. c. 1. 404 Dissenting teachers are tolerated if they take the oaths enjoined by 1 Will. & Mary, and 19 Geo. 3. c. 44. and subscribe the 39 Articles, except those relating to church government and infant baptism. 405 In what manner the toleration act shall be construed. 410, 411 TRANSPORTATION. The offence of returning from transportation. 423 Cases adjudged. 428 TRANSUBSTANTIATION. By 12 Ann. c. 14. the ordinary may tender the declaration against transubstantiation to any reputed papist making a presentation, and upon refusal the presentation shall be void. 401. s. 7 7. s. 2 By 25 Ed. 3. c. 2. reinforced by 1 Mary, c. 1. all treasons are settled; and so remain, except those created since 1 Mary. By 25 Ed. 3. c. 2. to compass or imagine the death of the king, queen, or heir-to violate the king's wife, his eldest daughter unmarried, or the wife of his heir-to levy war against the king, or to adhere to his enemies in his realm, giving them aid and comfort-on attainder by open deed, is high treason. The subject of a foreign prince, while resident in England, may be guilty of treason. The manner of laying the charge in the indictment. Even an ambassador, for treason against the life of majesty, may be condemned and executed here. 8 8. s. 5 8 But for other treasons he shall be sent home. ib. How the charge may be laid. ib. Aliens who invade the kingdom cannot be tried as traitors, they must be dealt with by martial law. 9.8.6 If an alien, resident here, should, during war, go to his native country, and there adhere to the king's enemies, leaving family and effects in England, he may be dealt with as a 8 (N) 2 traitor. A natural-born subject cannot renounce his allegiance; no time or circumstance can prevent his treachery from being punished. 9. s.7 The fact of killing the king may be laid in the indictment as an overt act of compassing his death. 9. s. 8. An enumeration of circumstances which are considered to amount to overt acts of compassing the king's death. ib. s. 9 But an accident, however fatal, shall not be considered as an overt act of guilt, even in high ib. s. 10 12 By st. 39, 40 Geo. 3. in all cases of compassing | But a conspiracy may be alleged as an overt act the king's death, &c. trials not different from of compassing the king's death. 18 There may be a levying of war without actual fighting. cases of murder, &c. Every king in possession of the throne, but no other, not even the rightful sovereign, is a king within the protection of the statute of treasons-the reasons of it. 9. s. 11 10 son. ib. By the expired acts of 13 Eliz. and 13 Car. 2. conspiracy to levy war was declared high trea12. (N) 4 Any assistance given to aliens in open hostility against the king; as surrendering a castle, selling arms, cruising with a ship, is an adherence to the king's enemies. ib. s. 28 It is not necessary to allege that such adherence was against the king. ib. But the special manner of adherence must be set forth. 12 The history of the distinction between a king de jure and de facto. Allegiance is so indispensably the right of a king de facto, that subjects are bound by it to resist a king de jure only. ib. The absurdity of considering the murderers of Charles the First as traitors to Charles the Second while he was out of possession, and the resistance of him as a king de jure reconciled by an ex post facto vote, that he was a king de facto, though out of possession. ib. Upon the death of a king in actual possession, Some overt act must be alleged in every indicthis heir is a king within the statute before his ment of treason. ib. s. 29 coronation. ib. What may be alleged as overt acts of compassing the king's death. It is a maxim that the king never dies. 11 ib. s. 20 ib. Succouring a rebel in a foreign realm is not an adherence to the king's enemies; for a rebel is not properly an enemy. 13 ib. A titular king, as the husband of a queen reg-Written words have been holden to be an overt nant, is not within the statute. act of compassing the king's death. ib. s. 32 A queen regnant, though not within the words, The great question examined, whether words is a king within the meaning of the act. By 1 Will. & Mary, c. 2. papists and those who marry a papist are excluded from the throne; and, if they attain it, the people are absolved from their allegiance. ib. s. 21 No queen or princess dowager is within the sta-This branch of the act shall not be extended to tute of treasons. other officers than those expressly named, nor to any attempt to kill, or actual wounding, unless death ensue. ib. s. 47 Neither the barons of the exchequer, nor commissioners of the great seal, are within it. 19 By 7 Anne, c. 21. to slay the justiciary or lords of session in Scotland, in the execution of their office, is high treason. ib. ib. s. 22 A queen consort, or the wife of the prince, consenting to an adulterer, are traitors within the act. ib. The son of a queen regnant is a prince and heir within the act. ib. The wife of a king's second son not within the ib. Quare, whether a collateral heir apparent be By 25 Edw. 3. c. 2. to counterfeit the king's within the statute, unless so declared by parliament. act. great or privy seal is high treason. ib. s. 48 ib. Aiders and consenters are within this clause. 19. s. 49 ib. No intent to do it will amount to treason. ib. In a forcible manner to resist the king's authority, is a levying war against him. s. 50 To hold a castle against his forces, or to support armed numbers against his command, is a Fixing the great seal to a patent, without a warlevying of war, ib. s. 24 But those who join rebels for fear of death, and escape from them when opportunity offers, are not traitors. il. rant so to do, is not high treason. ib. s. 50 No abuse in misusing the impression of the great seal, nor any alteration of the instrument to which it is affixed, will amount to a counterfeiting of it. 20. s. 52 How far an insurrection to redress a public grievance shall be considered high treason. By 1 Mary, c. 6. counterfeiting the sign manual or privy signet is high treason. An attempt by intimidation and violence to force By 7 Anne, c. 21. to counterfeit the seals used the repeal of a law, is a levying of war against ib. the king. ib. (N) 3 By 25 Edw. 3. c. 2. to counterfeit the king's An insurrection to remove a grievance, in which money is high treason. the insurgents have a special interest, is not a To coin money without the king's levying of war. 12 high treason within this clause. How coadjutors in treason shall be construed Minters making money of improper within the guilt of the principal offender, upon a special verdict. Those who are found in a special verdict to have ib. suddenly joined the insurgents, and to have In the counterfeited money must be similitude flung up their caps and hallooed with them, and probable currency, or the crime is incomare only guilty of riot. guilty of high treason. ib. s. 26 Receivers and comforters of the offenders are principals. A conspiracy to levy war cannot amount to trea-To utter false money made within the realm is ib. s. 27 not within the act. (Vide infra) 20. s. 56 son. By treason. By 1 Mary, c. 6. to counterfeit foreign gold or silver coin made current in the realm, or to aid therein, is high treason. 21. s. 59 By 14 Eliz. c. 3. to counterfeit foreign gold or silver coin, not made current, is misprision of ib. s. 60 By 5 Eliz. c. 11. to wash, clip, round, or file, for gain, either English or foreign coin, made current by proclamation, or to aid therein, is high treason. ib. s. 61 By 18 Eliz. c. 1. to impair, diminish, falsify, scale, or lighten, such monies, or to aid therein, is high treason, but without corruption of blood. 21. s. 62 By 8 & 9 Will. 3. c. 26. to make or mend any instrument or utensil therein named, which will impress the resemblance of the coin, &c. or to make any edging-tool to grain the edges of money; or any press for coinage; or any engine for cutting blanks; or to have such instrument, &c. in custody, &c. is high By 8 & 9 Will. 3. c. 26. to convey any coining instrument out of the mint; to mark coin on the edges; to diminish the coin, or to aid in so doing, is high treason. 24 By 8 & 9 Will. 3. c. 26. to colour, gild, case over, or work, any round blanks of base metal, to resemble the current coin, &c. or to make the silver coin resemble the gold, or to aid therein, is high treason. 25 To extract a colour from the substance of the metal, by chemical process, is a colouring within the meaning of this clause. ib. By:15 Geo. 2. c. 28. to wash, gild, or colour any of the silver coin, so as to make it resemble the gold coin-or to file, alter, wash, or colour any of the brass monies, so as to resemble the silver coin of sixpences or shillings, or to counsel or aid therein, is high treason. 26 There must be a similitude, a resemblance of the true money counterfeited, or the crime is incomplete. 25 By 1 & 2 Phil. & Mary, c. 11. to bring into the realm money counterfeited according to the similitude of foreign coin current here, is high acts. : 29 29 By 3 Jac. 1. c. 4. if any such offender, beyond seas, return in six weeks, and take the oaths, &c. he is excused. ib. s. 97 The barely pretending to have power to persuade persons from their allegiance, is within these ib. By 27 Eliz. c. 2. if any English ecclesiastic, ordained a popish priest, shall remain in the realm, and not submit to a justice within three days, he shall be guilty of high treason. If any lay subject shall not return from a popish seminary, within six months after proclamation, and submit within two days after his return, he shall be guilty of high treason. ib. To conceal that a popish priest is in the realm, from a justice, for twelve days, is fine and im prisonment at discretion; if a justice shall not discover it to the privy-council within twentyeight days, he shall forfeit 200 marks. ib. s. 101 An indictment upon the above clause must shew that the offender was born in the realm, and that he was ordained by papal authority. Lib. Such an offender, thrown by winds upon the English coast, on his passage to Ireland, is not within the act. ib. By 5 Eliz. c. 1. if any person performing the duty or enjoying the preferment of the Romish church, shall refuse a second tender of the oaths, it is high treason. 30. s. 104 By 6 Anne, c. 7. to maintain by writing, that the Pretender, or any other, hath a right to the crown, other than according to 1 Will. & Mary, c. 2. or 11 and 12 Will. 3. c. 2. or that parliament cannot limit the descent of the crown, is high treason. munire. 31 27. s. 88 To affirm the same by advised speaking is præib. (N) By 1 Anne, c. 7. endeavouring advisedly and directly to hinder any person who shall be next in succession, according to 1 Will. and Mary, c. 2. and 12 Will. 3. c. 2. is high trea By 25 Edw. 3. c. 2. if any new case, necessary to be considered as high treason, should arise, the judges shall not give judgment of treason upon it, except it has been previously declared to be treason by act of parliament. Many treasons were made by virtue of this ib. clause; but by 1 Mary, no offence shall be high treason not so declared to be by 25 Edw. 3. 27. s. 91 By 5 Eliz. c. 1. by writing, or advised speaking, to extol or maintain the jurisdiction of the pope, is pramunire for the first offence, and high treason for the second. 28 |
