the certainty rather than the severity of punishment deters,.
they should be graduated to the offence,..
2. where there is understanding and will, but not called forth at the time, as
in case of offences by chance or ignorance,...
8. where the act is constrained by outward force or violence,.
a vicious will may be wanting in cases of:
1. infancy; in certain cases of omission of duty, &c., one under 21 not being
punishable,...
but for breaches of the peace, &c., he is responsible at 14,.
under 7 one cannot be guilty of felony,.
between 7 and 14 he is presumed incapable, but evidence of malice may be
given,..
8. drunkenness; which does not generally excuse,.
but may in cases where intent is the gist of the offence,..
4. misfortune or chance, without design,.
5. ignorance or mistake of fact,...
but ignorance of law is no excuse,.
6. compulsion, or inevitable necessity,
as in case of wife coerced by husband,.
who, however, is not excused in murder, manslaughter or treason,.
nor in case of keeping a brothel,...
nor when she offends alone,....
threats or menaces, which induce a fear of death or other bodily harm
may also excuse,.
also the necessity of choosing between two evils, as in case of homicide
by an officer in some cases where his authority is resisted,...
want of food, &c., not a legal excuse,.
7. in case of the king, who is legally incapable of committing a crime,.
presence may be either actual or constructive,.
8. an accessory before the fact is one who, being absent at the time of the
crime committed, doth yet procure, counsel or command it to be done...
8. an accessory after the fact is one who, knowing a felony to have been com-
mitted, receives, relieves, comforts, or assists the felon,...
but the felony must be complete at the time of assistance given,.
the wife is excused for concealing her husband, .
but changes in these particulars are made by statutes,..
4 blasphemy, or denial of the being or providence of the Almighty, or con-
tumelious reproaches of the Saviour,.
6. pretending to use witchcraft or conjuration,.
offences more immediately affecting the royal person, crown and dignity, are,
1. treason; 2. felonies injurious to the prerogative; 3. præmunire; 4. other mis-
prisions and contempts,...
reason, under statute 25 Edw. III, may be either:
1. compassing or imagining the death of the king or queen consort, or their
eldest son and heir....
by king is meant the king in possession,
the compassing, &c., must be evidenced by an overt act,..
mere words not treasonable,......
subsequent statutory treasons relating to papists, coining, and the protestant
succession,...
....85-98
punishment of treason in case of males formerly, to be drawn, hanged, em-
bowelled alive, beheaded, quartered; the head and quarters to be at
the king's disposal,.....
now modified so that the hanging be until death,..
of females, formerly to be burned, now to be hanged,.
usually punished by death, unless clergy allowed,.
those injurious to the king's prerogative are, 1. relating to the coin; 2. against
the king's council; 3. serving a foreign prince; 4. embezzling the king's
armor or stores; 5. desertion from the king's forces,...
præmunire, in its original sense, is the offence of adhering to the temporal power
including embezzlement of public moneys,.
4 contempts against the king's title, as, by heedlessly denying his right,
or refusing to take the oaths for securing the government,....
contempts against his palaces or courts of justice, as, by assaults
therein, threats to a judge, obstructing the administration of jus-
tice, &c.,..
11. common barretry, or the frequent exciting and stirring up suits and quarrels,
or suing for fictitious plaintiff, or without authority,..
17. bribery, which is the taking of an undue reward by one concerned in the
administration of justice to influence his official conduct,..
or the offering such bribe......
18. embracery, which is an attempt to influence a jury corruptly,
19. false verdict of jurors, formerly punished,
20. negligence of public officers in the administration of justice..
21. oppression and partiality in public officers,...
22. extortion by public officers,..
OF OFFENCES AGAINST THE PUBLIC PEACE,.
Offences against the public peace, are:
1. riotous assembling of twelve or more persons and not dispersing on pro-
clamation,..
9. unlawful hunting by night or in disguise,...
8. sending letters demanding money, or threatening violence, &c.,.
4. destroying locks, flood-gates, &c.,...
12. challenges to fight duels, or bearing such challenges,.....
18. libels, which are malicious defamations of any person, made public by
printing, writing, signs or pictures, in order to anger him, or expose him
to public hatred, contempt and ridicule,....
punishing which does not abridge the liberty of the press,.
7. regrating, or buying and selling again in the same market or near the same, 158
8. engrossing, or getting into one's possession, or buying up large quantities
of corn, &c., to sell again,...
158
combinations to raise the price of provisions, &c., are also punishable,
10. exercising a trade without having previously served as an apprentice,..
11. enticing or seducing artisans to go abroad,..
Offences against the public health are:
1 disregarding lawful orders in time of plague. or quarantine regulations,... 169
2 selling unwholesome provisions, or adulterating wine,......
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