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m~n m3kiug a'\'3Y with lheir chihll"en bcgoll~n in forui·
callnll tu .l\'uid churc.:h·ccnl'ures .
A
20. f)1I:II/II~, is dI" crime 01' fiGhtiug in finp,le comhat,
on pre,i"us ch.lilrn¡;es giveo auJ Iccei,eu. f',~lltiog io a
du:l, "'tllOut I,c~ilce froln the K,og, is p"uitl\1ble hy
de.lth; and " perfoo. princip.1 or fecond, Ih.•1I
give a ch.l lcngc tO ti~11t a duel. or n,,1I acc~pt a ch.l·
lengc, or oth""vlic eog'ge therein, is punillteu hy baoilh·
meot aou efclIM ol mo'edbles, though 00 a~lual figllliog
IhuulJ eofuc.
21 . H lÍm!td(n. (from hailH, home, aotl foC}.M, to
feck or pUrlue,) is th~ aff.iUltiogor heatiogof a perloo io
his owo h"ufe. The puoi!hm<ot of this Crlmcis 00 "here
defioed, except io the books of the MajeJly, " hich make
it the fAme as tlw of a rape; aod it is. like rape, capital
by om pr.élice. T he afrault mu/l be io the proper
houfeof the perfoo afraulted, where he lie> aod rifes daily
and oightly, fo th. t neither a public houf~, oor eveo a
private, where one is ooly traofiently, f.lIs withio the
Iaw.
22. Aoy pany to a Iaw·fuit, who !hall Oay, tvollod,
or otherways invade his adverfary, at aoy period of time
betweeo exe.utiog the .(ummons aod the compleat exe·
cutiooof the decree, or !hall be accefrol"y tO fuch iovafioo,
/hall lofe his caufe. The feotence pronouoced on this
Irial. agaiofl him who has committed the battery, is oot
fubjeét to reduélioo, either 00 the head 01 mioority. or
aoy other ground "hatever : Aod if the perfoo profecu.
I~d for this crlme !hall be denouoced for not appearing,
bis lifereot, as well as fingle efcheat, f.lls upon the de·
Duociatioo.
23, The crime of 'lJJrongour imprifon/J/MI is iofereed,
by graotiog warraots of comnlitmeot io order to trial,
proeceding 00 informations OOt fubfcribed, 'or without
exprelling the caufe of commitmeot; by receiviog or de·
taioiog prifooers 00 fuch wareaots ; by refufiog to a pri.
fooer a eopy of the wareant of commitment; by detaio
iog him io clofe coofioement', above eight days after his
commitment; by oot releafiog him on bail, where the
crime is bail.ble ; aod by traofporting perfoos OUt of the
kingdom, without either thdr owo coofeot, or a I.'vfu l
fenteoce. The perfoosguilty of awroogous imprifOllmeot,
arepuni!hed by a pecuoiary mulét. from L. 6000 down to
L. 400 SeOIJ, aceordiog lO Ihe rank of the perfoo de·
tained; aod the judge Or olher perfonguilty, is over and
above fubjeéted to pay to the perfoo detained a cenaio
rom /,(r di,m . proportioned [Ohis , ~od is deelared
ioeapable of publie trufl. AII thefe pcnalties maybe in,
/ined for by a fu mOlary aélioo before the fcllioo, aod are
fubjeét to 00 modificatioo.
24 . Adull(rj, is the crime hy \Vhich the marriage·bed
is po.lluterl T his erime eould , neither ny the Romao
nor Jewi!h law. be committed, hut IVhere lhc guilty IVO·
'mao was the wife of aoo.ther : By ours, il is adullery,
if either the man o.r womao be mmicd. We difliogllinl
betIVeeo fimpl e adultery, aod that which is ootorious or
manifefl. Opeo . od maoifefl adultere,.s, who eontinue
ioeorrigihle, notwi.h rf:todin~ Ihe cenfures of thc chureh,
are puninled capil~lly. This enme is d,flioguilheI by
one or other of the fnllolVin~ ch.,.llors; IVhere there ;5
¡([ue procreated betwcco the adulterers j or where tbey
w.
k~ep beJ ami eOO1paoy togctllerootorio.llny ; or \V1,eteth~y
g' vc f~.ndallo the chureh, and .tre, upon thei r
re¡"lIlio~ lO litleo to[heir aU11;nitlons, excommuni,; .t~u.
T he puodhmeot of liOlplcaduhcry, not bl'ing Jefined by 11••
tllle, is Idllo th~ direretion of the juJge ; but clI!lom h;s
hlad~ the falling of th~ fingledCheat ooe of ItS peoa: ties.
25· Blg,'IIJ/, is a perlon's eOlCling ioto Ihe eogaie.
ments of a fecood m~rriage, io viol.tioo of a former
marriage vow nill fu bfifliog. Bigamy. 00 the pa rt of
the OIao, has beeo tolerated io maoy /lates, before the
eflablilhmeot of Chlirliaoity, eveo by the Jews them.
felves ; but it is prohibited by the preeepts of the gorpel,
aod it is puoi!hcd by our Iaw, whether 00. lhe pm of the
man, or of the womao, with the paios of perjury.
26. Inajl, is eommitted by perrons who Jlaod within
the degrees of kiodred forbiddeo io L,u. xviii. aod is
puoi!hed capit_lIy. Tbe fame degrees are prohibited io
aflinity, as io coofaoguiaity, L(o. xviii. 13. ,1 frq.
As this erime is repugnaot 10 oature, all childrea, whe.
therI.wful or natural, t1aod 00 an equal footiog : Ciuili¡
ralio civi/ia jura elrrump(f( pOId}. non IN,. nnlurali:J.
Jt is diflicult iodced to b(iog a kg.1 proof of a relatioD
mercly oatural, 00 the fide of the father; but the mother
may be certaioly koowo \Vithout marriage.
26. There is 00 explicite natute m~king rape, or the
ravi!hing of \Vomeo, capital; but it is plainly fuppofed
io aét 16 12, e. 4' by which the ravi!her is exempted
from the pains of death, onlr io the cafe of the womao's
fubfequeot coofent, or her declaratioo that !he went off
witb him of her owa free·will; and eveo theo, he is to
fuffer ao arbiuary puoi!hment, either by imprifoament,
con6feation of gooa" 01' a pecuaiary fine.
28 . 'lhifi is de60ed, a fraudulcnc iotermedliog with
the property of another, with a viel'! of making gain,
Our aoc:ent law proportiooed the puoi!hmeot df the theft
lOthe value of the goods lIoleo ; heightening it gradual,
Iy, from a flight corporal puoifbment to a capi tal, if the
value arnounted lO thirty·t\Vo peooies Seots, which iD
the r igo of David 1. was the price of two !heep. la
feveral later atls, it is taken for graoted, that this crime
il capital. But where the thing floleo is of fmal! value,
we eonfider it, oot as lheft, but as piekery, which is
puni!hed either corporal!y or by bani!hment. The break,
ing of orehards, aad the flealing oT greeo wood, is pu,
nilhed by a fioe, whieh rifes as the crime is.repeated.
29. Theft ma)' be aggravated ioto a capital crime,
though the value of the thiog flolen be trifliog; as theft
l\Viee repeated, or commined io the night, or by laoded
meo ; or of things fet apart for racred ufes. The re,
ceivers .od cooeealers of Holeo goods, kno\Viog them to
be fueh , fu/fer as thieve,. Thofe who barely harbour
lhe perfoo of the criminal withio forty.eight hours ~ithcr
before or after committing the crime, are pooiOwl as
panakers of the thef[. Such as fdl goods belon¡;ing tO
thieves or la\Vle's perfoos \Vbo date not Ihemfelves cume
to markct, are pUOin,ed with baninlment .uld the efch"l
of moveahles.
;0. Theft .!teoded '\Vith violence. is cal!cd ro¡'¡...,) ;
aod io our old lIatlltts, ri'l or jlolltlll"i,{. onJer ..hieh
claf., ,"ay be ,oeludedforn;'(~. or the taking nf '~lca l .•nd
drink by fcrce, without pJyiog for it, Stouthnef came
at