1000000030

hn t,) be eomnlitte.l ro acd,cioufly, by

b~nds

of men

afrocialcd

IO~Clh<r,

Ihat il . 'as IhOllghl neceO'ry

ve!!

all our

fr~t'hoIJcrs

IVilil a pOIVa of holding couns upon

fo,ntrs and ,ievers, and co"demning Ihem 10

de~lh.

Nay,

all \\ ere capiully puninléd, who, tOfecure Iheir lands from

depredation, paid10 lilerieversayeatly contribution, which

gotthe n,meof

hlJci

mlli/.

An atl

,110

palfed, commanding

10banifhment ablnd of foroers, who were originaJly from

E.~pt,

calJed

CytJio ,

anO adjlldging tO death all that

/hould be reputed

Egypti¡¡nr,

ir found thereafter within

tbe kingdom. Rohhery eommiued on Ihe feas, is called

piroC],

and is

puniOI~d

eapitally by the high admiral.

Several of the

fa,~s

which eonrlitute this crime are fet

forth in a Britifh Oatute, 8.

C,·o.

24,

3(,

Folfoh.,d,

in a large fcnf" is Ihe frandulent imi·

talion or (uppreffion of truth, to the damage of anolher.

The lateO lIatme againO this crime, paniOles it by COA'

Hcation of

mov~ables.

That panicular fpecies qf falfe.

hood, which conr.fJs in the fallifying of writings, palfes

bythe name of

forguy .

Our praaice has nolV of along

time, agreeably

the RomaA law, made this crime

capital

unlef, the forgery be of executions, or olher

writings of fmaller moment; in which cafe, it is punifh.

ed arbitrarily.

32. The writing mu(! not only be fabricated, but put

lo ufe or founded on, iD order to infer this crime. And

though it be nrialy criminal, yet the trialof it is proper

10 the cour! of Seffion

but where improbation is moved

againll a deed by way of exception, the inferior jlldge,

before whom theallion lies, is competenl to it

odcioilem

tffdluln.

When it is pleaded as ao exception¡ our prac·

tice, to difcourage afFelled deJays, obliges Ihe defender,

who moves it. to

conr.gn

L. 40 Seots

\Vhich he foro

feits, if his plea /hall appm calumnious.

33. Where a perfon, found guihy of forgery by Ihe

courl of Sefiion, is by lhem remitted to the JuOiciary, an

¡ndiament is there exhibiled RgainO him, and a jury

fworo, before whom thedeeree of Seffion is produced, in

place of all olher evidence of Ihe crime, in refpell of

whic~

Ihe jury find the pannelguilty

fo lhal Ihat decree,

being pronounced by a compelem eourt, is hcld as full

proof, or, in the lIyle of Ihe bar, as

proDotio proOato.

'34' Prrjur)',

IVhich is the judicial aflirmation of a

falfehood on oath, mlly conOitutes the

cril/un[o/ji;

for

Jle who is guihy of it does, in the mo(! folemn manner,

fo bllitute falfehood in the place of trulh. To conOitUle

this crime, the .iolalionof truth mull be delibmiely in–

tended by the flVearer

and therefore reafonable allow.

ances oughl to be given

forgelfulnefs or mifapprehen–

fion, according to his age. hcahh, and other cireumllln·

ces. The breach of a promilfory oath does not infer Ihi,

ctime

for he who promifes on oath, may r.nccrely in·

tcnd performance IVhrn he fwears, and fo cannOI be faid

to call on God ro amll a f.lfehood. Though an oath,

hOlVel'er falfe, ,f made upon reference in a civil qud!ion,

conel"Hes Ihe edufe,

t~e

perfon perjured is liable tO a

criminal trial ; for Ihe , If,a of lhe rcference can go no

fanher ""n Ihe privm right of Ihe panies.

35. NOlwithlldnding Ihe n"fchie"ous eonfequenees of

perjury to foeiety,

is nOI punifhed capilally, bUI by

confifcationof moveablcl, IInprifonmenl for a year, and

VOL.

11. No. 66.

'957

inf.my.

The coun o( Seffion is competent to pcrjury

il/cid,nler,

IVhen in anyeX'¡minadon upon oath, raktn

a caufe dcpending before lhem, a perfonappcars to have

flVoro f. lfely; bUI in the como'onedfe, t1m Irial is pra–

per to the Juf1iciary.

S"D~fI1otion

pnj"r)

confills in

tampering IVilh perfons \Vho are

Iww

in judgOlent,

by direlling themholV they are to depofe

¡nd it is pu·

nifhed with the pains 01' perjury.

36. The erime of

j/el/io.atr,

ftom

j/rl/io,

ineludes

every fraud whieh is not dillingllifhed by a fpeci.1n,me;

bUI is ehieAy applied

conveyances of Ihe

f.me

numeri.

cal righl, granted bythe proprietor to difFerent difponees.

The punilhmenl of IIellionate mull necerr"ily

arbitra·

ry, to adapt it to the various natures and

dilf~renl l.ggra.

vations of the frauduleot .lIs The perfons guihy of

lhal kind of it, IVhich conr.fls in granting double eonvey.

ances, are by our lalV declared infamous, and Iheir lives

and goods at the King's merey. The cognifance of

[r¡¡udulent Dontruptcy

is appropriated to the eoun of

Seffion, who may inAlll any puniOlment on the olFender,

thal appears propanioned to his guilt. death excepled.·

37. Thecrime of

u[ury,

beforeIhe reformadon, con.

fined in the taking of

any

iDlere(! for lhe ufe of money ;

and now in taking an higher me ilf interd! Ihan is au.

thorifed by lalV.

h is divided inlo

«furo m.nifij/o,

direll

and

v,/oto,

or comed. One may be guihy of'

the fir(! kind, eilher where he covenants wilh Ihe debtor

for more than Ihe lawful interell on the loan·money ;

or IVhere one receives the inlereOof a fumbefore it is

duc, r.nce thmby he takes a confidention for the ufe of

money before Ihe debtor has really got the ufe of it.

Where a debl is e10gged with an uncertaincondition, by

\Vhieh the creditor runs the haz.ard of

lor.ng

his fum , he

may covenant for an higher intere(! than the legal, with·

out the crime of ufury ; for there, Ihe interen is oot

given merely in confideration of the ufe of the money,

bUI of the danger undertaken by the creditor.

38. Comed ufury, is lhat \Vhieh is commimd under

themall<, not of a loan, but of fomeother conlrall

e.g.

a (ale, or ao improper \Vadfe!. And in general, all ob.

ligatio"s eotered ioto with an inteolÍon of getting more

than the legal intereOfor the ufe of money, however they

may be difguifed,

ufurious. As a fanher guard a·

g~inO

this crime, tbe taking more than the legal interell

for ¡he forbearaoce of payment of money, merchandife,

or other commodilies, by way of loan, exehange, or o·

ther eonlriv.lOce whate"er

or Ihe lakiog a hribe for the

loan of money, or for del'ying its payment whenlent, is

dedared ufury. Where ufury is proved, theufurious ob·

ligation is not ooly dedared void, but Ihe credilor, if he

has received anyunlawful profils, forfeits thetreblevalue

of the fums or goods leOl. Ufury, whenit is 10 bepuro

fued criminally, mull be tried by the Julliciary; bUI

IVhere Ihe libel condudes only (or "oidlOS the deblo[>–

renitulion. Ihe felfion is Ihe propercoun.

39. /»jl/ry,

in its prllper acceptar,no, is the reproach.

inCor

~ff,onting

Ollr neighbL'ur. lnj,.ries a'e eilher ver·

bal or

",,1.

A vcrb." inju,

",hen dlfe<'led 'g.inll a

priv~tr

perfon, conr,fls in IheIIIlering eOOlumclictls1I'0rds,

which lend 10 c'poreour ncir.llhnur's

char.ll~

by m,lking

him liltle or ridICI"OllS.

dOISOUI fcelll tlm Ihe Iwit·

tin;