« ForrigeFortsæt »
By 10 Geo. 2. c. 32. to remove any of the piles | If a servant kills his master he is guilty of petit or materials for securing any sea walls or treason.
105 _banks, incurs a penalty of £20. 339 It is no forfeiture of a recognizance of the peace, The provisions of the black act, 9 Geo. 2. c. 22. &c. for a master to chastise his servant. 483 shall extend to all offences of destroying sea-Nor for beating another in defence of his servant. banks, &c. 340
ib. By 6 Geo. 2. c. 37. maliciously to destroy any A servant is liable to such forfeiture for beating
sea- bank, whereby any lands shall be damaged, another in defence of his master's son. 484 is felony without clergy.
339 A servant may not lay out his own money to But clergy restored by 4 Geo. 4. c. 46. (N.) maintain his master's suit.
The crime of exporting sheep.
552 The crime of sheep-stealing.
531 If a sheriff execute a man contrary to the judg.
A sheriff is punishable for persuading a jury to By 4 & 5 Phil. & Mary, c. 8. whoever shall un
underprize goods, in the execution of a fieri lawfully convey or take away any woman
417 child unmarried, within the age of sixteen
The duty and power of sheriffs to suppress riots.
519 to 526 years, by trifling gifts and fair promises, shall be imprisoned two years, and fined at discre- In what case he has power to raise the posse co
509. 514. 517.519 tion.
125 Cases adjudged on this statute.
Where he shall be deemed guilty of extortion.
SHIPS & SHIPWRECK. crime, whether capital or not capital, by the By 12 Ann. c. 18. magistrates and officers, upon
command or coercion of their master. 5 information of any ship being in distress, If a servant who receives goods from his master shall appoint what assistance, &c. is necessary
to carry to' a customer, embezzles and con- for her preservation, and salvage of the goods. verts them on his way, he is guilty of felony.
341 144 Whoever refuses or neglects this duty shall forServants who having the care of property, or ac
ib. cess to it, steal by means of the opportunity And if any person shall make, or assist in makafforded by such care or access, are guilty of ing any hole in any ship or vessel in distress, felony.
ib. or shall steal any pump from her, or aid in so By 21 Hen. 8. c. 7. servants stealing the money, doing, or shall do any thing tending to the jewels, &c. with which they are intrusted, shall immediate destruction of such ship or vessel, be deemed felons.
155 he shall be guilty of felony without benefit of Several determinations upon this statute. 156 clergy.
347 Servants stealing their master's goods to be By 26 Geo. 2. c. 19. whoever shall plunder the transported for fourteen years, by 3 Geo. 4. effects of ships in distress; or shall beat, &c.
any person endeavouring to escape therefrom; And servants or clerks embezzling their master's or put out any false lights to deceive such ship,
property received by them for their master's shall suffer death without benefit of clergy. 348 use, shall be liable to be transported for four- But the offender may, if not guilty of violence teen years, by 39 Geo. 3. c. 85.
ib. and cruelty, be prosecuted for larceny only. ib. 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 or wounded in endeavouring to save goods entrusted with, shall suffer death without be- from shipwreck, the offender shall be transnefit of clergy. (See Bank of England.) 160 ported for seven years.
117 By 5 Geo. 3. C. 25. and 7 Geo. 3. c. 50, 52 Geo. If the offence be committed in Wales it may be
3. c. 142. servants of the post-office robbing tried in the next adjoining English county. 349 any letter, &c. of the securities therein, are Salop the next adjoining county to Anglesea. ib. guilty of felony without clergy. (See Post By 22 & 23 Car. 2. c. 11. and 1 Ann. c. 2. if OFFICE.)
161 any person shall wilfully cast away or destroy By 33 Hen. 6. servants who spoil their master's the ship to which he belongs to the prejudice
goods, &c. at the time of his death, may be of the owners or freighters, he shall suffer proclaimed, and on not appearing, may be death without clergy.
345, 346 attainted of felony.
157 By 4 Geo. 1, c. 12. if this offence is committed VOL. I.*
to the prejudice of the underwriters, the of-1 sert, incurs a penalty of £40, six months' imfender shall suffer death, which by the 11 Geo. prisonment, and pillory.
49 1.c. 21. is explained to mean without benefit By 37 Geo. 3. c. 70. to attempt to seduce any
person serving in H. M. forces, felony without By 33 Geo. 3. c. 3. it is, for a second offence, clergy.
753 felony to prevent ships being loaded. 537
Sorcerers are those who use certain superstitious By 10 & 11 Will. 3. c. 23. whoever shall pri
forms of words, images, or odd representa
356 vately steal from any shop to the value of £15, tions, to produce preternatural effects. is guilty of felony without clergy; clergy re
STAMPS. stored by 4 Geo. 4. c. 53.
See PENAL STATUTE. without clergy.
112 Where a statute expresses that which the law
would have implied, it shall operate nothing: SHROUD.
expressio eorum quæ tacite insunt nihil operatur. He who takes off a shroud from a dead corpse
373. s. 8. 379. S. 33 may be indicted as having stolen it from him An affirmative statute shall not abrogate any who was the owner thereof when it was put part of a former statute with which it is con150. s. 46 sistent.
*379. s. 35. 37 SIGNS.
An affirmative statute saving a special jurisdicLibel may be either by words, pictures, or signs.
tion, leaves the mode of proceeding therein 542 unaltered.
366 An innkeeper shall be obliged to entertain his Where a statute makes no new offence, but only
guest notwithstanding he does not hang out a takes away a privilege, an indictment thereon sign.
need not conclude contra formam statuti; and SLANDER.
shall, if laid, be rejected as a surplusage. 90
Where the meaning of a statute is doubtful, the See LIBEL. CONTEMPTS.
reason of the common law ought to govern the SMUGGLING. construction of it.
15. s. 39
Where a statute inflicts judgment of life and In what this offence consists.
member, the offence is thereby incidentally The offence of resisting revenue officers. 662 made felony.
72 In what cases smugglers may be required by But felony shall not be inferred where the words proclamation to surrender.
ib. In what county the offence of smuggling may be where a statute makes a second offence felony, tried.
or inflicts an additional punishment, a convicSOROMY.
tion for the first is always implied. ib. What it is, and how punishable. : 357 The consequence of a statute creating a felony. ib.
Where a statute saves corruption of blood, it imSOLDIER.
pliedly saves the descent of land, dower, &c. 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.
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 pre
shall receive a liberal construction for the adrogative.
65 vancement of justice.
518. s. 16 By 39 Eliz. c. 17. soldiers wandering without, In what case a statute shall be equitably conor with a forged testimonial, &c. &c. are strued.
499. S. 15 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.
472 their captains without license, shall be guilty of felony (obsolete).
STOLEN GOODS. 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 goods.
247 without leave, during service, he shall be The offence of advertising a reward for stolen guilty of felony without benefit of clergy. 48 goods.
249 By 2 Edw. 6. c. 2. if any soldier shall desert The offence of buying stolen goods, 217 during actual service, with booty, &c. he shall The offence of buying stolen lead, iron, brass, suffer without clergy. 49 bell-metal, pewter, &c.
220. 226 By 1 Geo. 1. c. 47. to persuade a soldier to de- Buying and receiving stolen jewels. 226
By 1 Geo. 1. c. 2. all persons who bear any of. The acts against receiving naval stores extended
fice shall (inter alia, subscribe against transubstantiation.
369 to all public stores.
TRAVERSE. In what cases a warrant for surety of the peace
In what cases an inquest of self-murder is tramay be superseded.
481. s. 14
79 How a restitution on an indictment of forcible In what case the attorney-general may take a entry may be superseded. 511 traverse upon a traverse.
707. s. 5 A justice's record of a riot, in what cases not TAIL. 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 traTENANT, TENEMENT, AND TENURE.
511 How far a tenant may maintain his lord. 459
TREASON. The word “tenement” too uncertain in an in- If a wife join in or do the act of treason, no pleas dictment of forcible entry:
504 of coverture or coercion shall extenuate her How far persons are bound by tenure to repair guilt.
4 highways and bridges.
692. 706 High treason was anciently a crime of a very in
definite and unsettled description: instances TEST. given.
5. s. 1. (N) 1 By the test act 25 Car. 2. c. 2. all officers, civil By 25 Ed. 3. c. 2. reinforced by 1 Mary, c. 1. and military, except those of inheritance, &c. all treasons are settled; and so remain, except &c. shall take the oaths of allegiance and su
those created since 1 Mary.
7. s. 2 premacy and test, &c.
369 By 25 Ed. 3. c. 2. to compass or imagine the
death of the king, queen, or heir--to violate TITLE.
the king's wife, his eldest daughter unmarried, See Contempts. PRETENDED TITLE. or the wife of his heir-to levy war against In what manner contempts against the king's
the king, or to adhere to his enemies in his title shall be punished, and in what they con
realm, giving them aid and comfort-on atsist.
8 tainder by open deed, is high treason.
66 By 6 Ann. c 7. to affirm that the Pretender hath The subject of a foreign prince, while resident any title to the crown, or that any other hath
in England, may be guilty of treason. The title than according to the settlement of 1 Will.
manner of laying the charge in the indictment,
8. s. 5 & Mary, c. 2. and 12 Will. c. 2. is præmunire. Even an ambassador, for treason against the life For the offence of buying or selling a pretended of majesty, may be condemned and executed
8 470 to 474 But for other treasons he shall be sent home. ib. TOLERATION. How the charge may be laid.
ib. See DISSENTER.
Aliens who invade the kingdom cannot be tried By the toleration act 1 Will. & Mary, c. 18. all as traitors, they must be dealt with by martial persons dissenting from the church, except
9. s. 6 papists, and those who deny the Trinity, are If an alien, resident here, should, during war, exempted from all penal laws relating to reli- go to his native country, and there adhere gion, other than 25 Car. 2. c. 2. and 30 Car. 2.
to the king's enemies, leucing family and efc. 1.
404 fects in England, he may be dealt with as a Dissenting teachers are tolerated if they take the
8 (N) 2 oaths enjoined by 1 Will. & Mary, and 19 A natural-born subject cannot renounce his alGeo. 3. C. 44. and subscribe the 39 Articles, legiance; no time or circumstance can preexcept those relating to church government
vent his treachery from being punished. 9.5.7 and infant baptism.
405 The fact of killing the king may be laid in the In what manner the toleration act shall be con- indictment as an overt act of compassing his strued.
9. S. 8. TRANSPORTATION.
An enumeration of circumstances which are con
sidered to amount to overt acts of compassing The offence of returning from transportation. 423 the king's death.
'ib. s. 9 Cases adjudged.
428 But an accident, however fatal, shall not be conTRANSUBSTANTIATION.
sidered as an overt act of guilt, even in high treason.
ib. s. 10 By 12 Ann. c. 14. the ordinary may tender the By 36 Geo. 3. c. 7. to compass the death or dedeclaration against transubstantiation to any struction, or bodily harm of the king, imprireputed papist making a presentation, and up- sonment, or restraint, or deposition of the on refusal the presentation shall be void. king, or to compel him to change his mea
401. s. 7 sures of government--high treason. 17 3 F 2
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.
12 cases of murder, &c.
18 There may be a levying of war without actual Every king in possession of the throne, but no fighting
ib. other, not even the rightful sovereign, is a By the expired acts of 13 Eliz. and 13 Car. 2. king within the protection of the statute of trea- conspiracy to levy war was declared high treasons--the reasons of it. 9. s. 11
12.(N) 4 The history of the distinction between a king de Any assistance given to aliens in open hostility jure and de facto.
10 against the king; aś surrendering a castle, Allegiance is so indispensably the right of a king selling arms, cruising, with a ship, is an adhede facto, that subjects are bound by it to resist rence to the king's enemies.
ib. s. 28 a king de jure only.
ib. It is not necessary to allege that such adherence The absurdity of considering the murderers of was against the king.
ib. Charles thé First as traitors to Charles the But the special manner of adherence must be set Second while he was out of possession, and the
12 resistance of him as a king de jure réconciled Succouring a rebel in a foreign realm is not an by an ex post facto vote, that he was a king de adherence to the king's enemies; for a rebel is facto, though out of possession. ib. not properly an enemy.
13 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 compassIt is a maxim that the king never dies. 11 ing the king's death.
ib. A titular king, as the husband of a queen reg- Written words have been holden to be an overt
nunt, is not within the statute. ib. s. 20 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. ib. only spoken can amount to an overt act. ib. By 1 Will. & Mary, c. 2. papists and those who
(See (N) 6. p. 14) marry a papist are excluded from the throne; By 25 Edw. 3. c. 2. if a man slay the chancellor, and, if they attain it, the people are absolved treasurer, or the judges in the execution of from their allegiance. ib. s. 21 their offices, it is high treason.
19 No queen or princess dowager is within the sta- This branch of the act shall not be extended to tute of treasons.
ib. s. 22 other officers than those expressly named, nor A queen consort, or the wife of the prince, con- to any attempt to kill, or actual wounding, senting to an adulterer, are traitors within the unless death ensue.
ib. s. 47 act.
ib. Neither the barons of the exchequer, nor comThe son of a queen regnant is a prince and heir missioners of the great seal, are within it. 19 within the act.
ib. By 7 Anne, c. 21. to slay the justiciary or lords The wife of a king's second son not within the of session in Scotland, in the execution of their act. ib. office, is high treason.
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 par- great or privy seal is high treason. ib. s. 48 liament.
ib. Aiders and consenters are within this clause. In a forcible manner to resist the king's autho
19. S. 49 rity, is a levying war against him. ib. No intent to do it will amount to treason. ib. 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 rant so to do, is not high treason. ib. s. 50 But those who join rebels for fear of death, and No abuse in misusing the impression of the great
escape from them when opportunity offers, are seal, nor any alteration of the instrument to not traitors.
ib. which it is affixed, will amount to a counterHow far an insurrection to redress a public feiting of it.
20. s. 52 grievance shall be considered high treason. By 1 Mary, c. 6. counterfeiting the sign manual 12. s. 25 or privy signet is high treason.
ib. s. 53 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 in Scotland is high treason.
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.
ib. s. 54 the insurgents have a special interest, is not a To coin money without the king's authority is levying of war.
12 high treason within this clause. ib. s. 55 How coadjutors in treason shall be construed Minters making money of improper alloy are
within the guilt of the principal offender, upon guilty of high treason. a special verdict.
ib. s. 26 Receivers and comforters of the offenders are Those who are found in a special verdict to have principals.
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. ib. plete.
ib. A conspiracy to levy war cannot amount to trea- Toutter false money made within the realm is ib. s. 271 not within the act. (Vide infra) 20. s. 56
By 1. Mary, c. 6. to counterfeit foreign gold or| Knowingly to import, commend, or recommend silver coin made current in the realm, or to a book, though written beyond sea, which
aid therein, is high treason. 21. s. 59 maintains this jurisdiction, is within the staBy 14 Eliz. c. 3. to counterfeit foreign gold or
28 silver coin, not made current, is misprision of To avow the same opinion after a first convictreason. ib. s. 60 tion, is high treason,
ib. s. 94 By 5 Eliz. c. 11. to wash, clip, round, or file, By 13 Eliz. c. 2. to put in use any popish bull, for gain, either English or foreign coin, made or instrument of absolution, or to purchase current by proclamation, or to aid therein, is any such, is high treason.
ib. s. 95 high treason.
ib. s. 61 Accessaries after the offence incur præmunire. By 18 Eliz. c. 1. to impair, diminish, falsify,
ib. scale, or lighten, such monies, or to aid therein, Concealing the offence for six weeks is mispriis high treason, but without corruption of sion of treason.
21. s. 62 By 23 Éliz. c. 1. and 3 Jac. 1. c. 4. to become By 8 & 9 Will. 3. c. 26. to make or mend any perverted to popery, or to pervert or endeainstrument or utensil therein named, which vour to pervert others to that religion, &c. is will impress the resemblance of the coin, &c. high treason. or to make any edging-tool to grain the By 3 Jac. 1. c. 4. if any such offender, beyond edges of money; or any press for coinage; or seas, return in six weeks, and take the oaths, any engine for cutting blanks; or to have &c. he is excused.
ib. s. 97 such instrument, &c. in custody, &c. is high The barely pretending to have power to persuade treason.
persons from their allegiance, is within these Cases on this statute. 22 acts.
ib. By 8 & 9 Will. 3. c. 26. to convey any coining By 27 Eliz. c. 2. if any English ecclesiastic, orinstrument out of the mint; to mark coin on dained a popish priest, shall remain in the the edges; to diminish the coin, or to aid in realm, and not submit to a justice within three so doing, is high treason.
24 days, he shall be guilty of high treason. 29 By 8 & 9 Will. 3. c. 26. to colour, gild, case If any lay subject shall not return from a popish
over, or work, any round blanks of base me- seminary, within six months after proclamatal, to resemble the current coin, &c. or to tion, and submit within two days after his remake the silver coin resemble the gold, or to turn, he shall be guilty of high treason.
ib. aid therein, is high treason.
25 To conceal that a popish priest is in the realm, To extract a colour from the substance of the from a justice, for twelve days, is fine and im
metal, by chemical process, is a colouring prisonment at discretion; if a justice shall not within the meaning of this clause.
discover it to the privy-council within twentyBy 15 Geo. 2. c. 28. to wash, gild, or colour any eight days, he shall forfeit 200 marks. ib. s. 101 of the silver coin, so as to make it resemble the An indictment upon the above clause must gold coin-or to file, alter, wash, or colour any shew that the offender was born in the realm, of the brass monies, so as to resemble the and that he was ordained by papal authority. silver coin of sixpences or shillings, or to
ib. counsel or aid therein, is high treason. 26 Such an offender, thrown by winds upon the There must be a similitude, a resemblance of the English coast, on his passage to Ireland, is true money counterfeited, or the crime is in- not within the act.
25 By 5 Eliz. c. 1. if any person performing the By 1 & 2 Phil. & Mary, c. 11. to bring into the duty or enjoying the preferment of the Romish realm money counterfeited according to the church, shall refuse a second tender of the similitude of foreign coin current here, is high oaths, it is high treason.
30. s. 104 treason.
26 By 6 Anne, c. 7. to maintain by writing, that It must be known to be false.
ib. s. 86 the Pretender, or any other, hath a right to It must be brought from some country where the crown, other than according to 1 Will. &
counterfeiting is not punishable by the laws of Mary, c. 2. or 11 and 12 Will. 3. c. 2. or that England.
27. s. 87 parliament cannot limit the descent of the Barely uttering such money is not high treason. crown, is high treason.
31 27. s. 88 To affirm the same by advised speaking is preBy 25 Edw. 3. c. 2. if any new case, necessary
munire. to be considered as high treason, should arise, By 1 Anne, c. 7. endeavouring advisedly and the judges shall not give judgment of treason directly to hinder any person who shall be upon it, except it has been previously declared next in succession, according to 1 Will. and to be treason by act of parliament.
Mary, c. 2. and 12 Will. 3. c. 2. is high treaMany treasons were made by virtue of this
30. s. 107 clause; but by 1 Mary, no offence shall be By 13 Will. 3. c. 3. and 17 Geo. 2. c. 39. if high treason not so declared to be by 25 Edw. any subject of England shall hold any cor3.
27. s. 91 respondence with the Pretender, or with the By 5 Eliz. c. 1. by writing, or advised speaking, son or sons of the Pretender, or any person to extol or maintain the jurisdiction of the employed by them, it is high treason. 31 pope, is præmunire for the first offence, and By 2 and 3 Anne, c. 20. if any officer or soldier high treason for the second. 28 shall hold correspondence with any rebel or