1000000030

her:t;

~nd

Ihe

cfilt~

which he cannol

I~ke,

fall s 10 Ihe or maim any oflicer of Ihe revenue in Ihe execulicn of

immediale fupcrior aselChcat,

.h d'fdl">IIhtrrtlit,

Wilhollt oflice, 3re punin,able wilh dealh and the conGfc41ioD of

dillinguifhinG whelher the lanús hold of the Clown, or of a momules.

fubj<él. No aitaindcr fortreafo n n,all, afler Ihe dwh of

16.

Ereaeh

arrt(lm..t,

(fee Til. xxv. 5.) is acrime

Ihe' Pretenda and all his fons. hurl therighl of any perfon, of Ihe fame nalure with deforcement, as il impons a con.

other than Ihat of the o(fenúer, during his natural life; lempt of Ihe law and of ou rjudges.

fubjeéls to an arbi.

The righls of creditors and olher third pmies in the eafe trary corporal punifhment, and theefcheal of moveables ;

of forfcilure on Ireafon, mult be dmrmined by the law with a preference to Ihe creditor for his debt, and fo r

of England.

fuch fmher fum as Olall be modified tO him by thejudge.

12.

Mifprijion

tfcafon,

from

Mcprmdrt,

is Ihe Under this head of crimes againn good goverDmCDI

ao~

overloDking or concealing of treafon.

is ioferred by police, may be recKoned Ihe

foáj!.lling

m.rltl¡ ·;

one's bare knowledge of Ihe crime, Qnd not difcovering that is, thebuying of goods inlended for a public market,

il 10 a magifirate or other perfon intitled by his ollice to before Ihey are carried there

which for Ihe Ihitd crimi'

lake examinations

though he fhould not in the lean nal aél, infm Ihe efcheat of moveables

¡.

as alfo fiaying

degree afl'ent lO il. ' The forefaid a{l7.

An.

makes the falmond in forbiddeo time, denroying plough.graith iD

Englifh law of mifprifion ours. !tspunifhment is, by the time of tillage, flaying or houghing horfes Or cows·ili

law of Englano, perpelual imprifoomenl, together wilh time of harven, aDd defiroyiog or fpoiliog growlng ¡im'

Ihe forfeiture of Ihe offender', moveables, aod of the ber; as tO the punifhment of which, fee fiatutes

1503.

pronl! of his heritable efiale, duriog his life ; that i" in

72,-1587,

82, and 1699,

'[6-1.

Cu.

Sto

Ibe nyle ofour IdW. his fingle aod liferent·cfcheat.

48.

[3 . The crime of

[dition

confins in Ihe raifing como

17. Crimes againn particular perfons may

be'di~eaed,

motions or difiurbances in the fiale.

is eilher verbal eilher againfllife, limb, liberty, ehanity,

goods,or ~.

or real. Verbal fedition, or leafing making, is ioferred putation.

Murder

is the wilful takioe awayof a perfoo"

from the uttering of words lending to creale difcord be· life. wilhout a necefl'ary caufe. Our law makes no dif.

tween Ihe King aod his people.

is ponühed either by IiDélion betwexl premeditated·aod fudden homicide ; bOlh

imprifoomcnt, 6ne, or banifhment, at Ihedifcretion of lhe are punifhed capitally, Cafual homicide, where ¡he ac'

judge. Real fedilion is generally coounittcd, by convo· lor is io fome degree blameable, aod homicide in

felf.de

caling logelher any confiderable number of people, with· feoce, where the jun bounds of defence have ·becn ex.

oat lawful authority, under the preleoce of redrefling ceeded, are punifhed arbitrarily; but the Oaoghter 'of

fome public grievance, to the difiurbing of Ihe public night'lhieves, houfe.breakers, aflifiaots io manetful de'

pea<:e. Thofe who are conviéled of this crime are pu. predations, or rebels denounced for capital crimes, m.y

nifhed by the co06fcation of their goods; aod Iheir lim be committed \Vith imPllnity. The erime of

d(/J/(fnhra·

are at the Kiog!, will.

any perfoos, to the number of

liM,

orthecuttiog'off of a member, is joined witb thal of

twelve, fhall afl'emble, aod beiog required by a magiflrale murder; but io praélice, its pltnifhment has been reflric·

or confiable 10 difperfe, fhall neverthelefs continue loge· led to the efcheat of moveables, and an afl'Ylhrilent or

Iher for ao hour after fuch command, the perfons dif. iRdemni6cation 10 the pany.

Mutilation,

or Ihe

dif.

obeying fhall fuffer death aod the con6fcatioo of move· abling o( a member, is punifhed 'al the difcrelioD of the

ables.

judge.

14' Judges, who, wilfullyor through eorruption, uíe

18.

StlflhUrder

is as highly criminal as the killiog our

their authority as a cover to injufiiee or oppreflion, are neighbour; and for this reafon, our law has, contrarylO

puoifhed with the lofs of honour, fame, and dignilY. Ihe rule,

crimina mortc extinguuntur,

allowed a proo(

Under this head, may be c1afl'ed

th'flh,tt

(from

hOI"

of Ihe crime, afler the offender's death, that his fiogle

compenfation), which is the takiog a confideration in efcheat might fall to theKiog or his dooalory. To this

money or goods from a thief toexempt him from puniOi. end, aoaélioomufl be brought, 001before Ihe Jufliciary,

ment, or connive al his efcape from juílice. A fheriff bUI the Seflioo, becaufe it is only intended

ad éivileTII

or pther judge, guilty of this crime, forfeits his life aod

effdlulII,

for proviog aod declaring the felf·muroer

aDd

goods. Aod even a private perfon, \Vho lakes theftbote, the oext of kin 10 Ihe deceafed mufi be made a pany

fuffers as Ihe principal thief. The buyiog of difputed to it,

e1aims, conceroiog which there is a pendiog procefs, by

19. The puoifhment of parricide, or of the murder of

any judge or member either of the Seflion, or of ao in· a pareot, is not connoed, by our law, to the crimioal

ferior eoun, is punifhed by the lofs of the delioqueot'. himfelf. AII his pofleri:y io the right lioe are declared

oflice, and all the privileges Ihewo belonging.

incapable of inh<liting

and the fucceflion defolves 00

¡. Deforccmeol is the oppofi,ion given, or refifiance the nexl collateral heir. Eveo the curfing or beatiog of

made, to mefl'eogers or other oflims, while they are a parenl infers death, if the perfon guilty be above fix·

employed in executing the I"w. The eourt of Seflion is teen years; atld ao albilrary punifhment, if he be uoder

competent to this erime.

is puo,fhdble with theco06f· il. A prefumptive or fiatulory murder is COnnilUted by

calion of moveables, the ooe half to the Kiog, aod the 1690,

21 . by which any wo,"ao \Vho fhall cooceal ber

olher tO the creditor at whofe fuit the diligence was ufed. pregoaocy, duriog

il!

whole cou rfe, anO n,all oot call for,

Armed perfons, to the oum ler of three or more, allifiing or make ufe of hclp in the binh, is

he repmed Ihe

io the

ille~al runoin~, landin~,

or exponing of prohihi· murderer, if the child be dead, or amilling. 11,i9 aa

t(d or

uoc,,{[om~d

gooJs, or any who nlall reCifi, \Vound, was imenru:d tO difcoulage the unnatural p' a iee of wo·

OleR