LAW. 



653 



Liw 



{England 



Prin- 

 's Tt 



iv. 



en *(iinit 



liw. 



1. Hrviling 

 llM Chn- 

 Han failh. 



I. Or the 



church Md 



10 <>i':i...ui. 



DtoraUrs 

 lolmtcil. 



3. P.ntl- 

 liw f 

 Popery. 



4. BtMfk*. 

 my. 



tion of the distressed. The law will not presume the 

 king capable of doing any thing inconsistent with his 

 station and dignity ; it therefore considers him incapa- 

 ble of committing any crime. 



III. A principal in a crime is he who commits the 

 fact, or is present at aiding, or in any way maliciously 

 abetting the commission An accessary is he who doth 

 not commit the fact, nor is present at the commission, 

 but is in tome sort concerned therein either before or 

 after. In high treason there are no accessaries, but all 

 are principals. In petit treason, murder, and felonies, 

 with or without benefit of clergy, there may be acces- 

 saries. There are no accessaries in petit larceny, and 

 all crimes under the degree of felony either before or 

 after the fact. An accessary before the fact is one who, 

 being absent when the crime is committed, has pro- 

 cured, counselled, or commanded another to commit it. 

 An accessary njlcr the fact is where a person, knowing 

 a felony to have been committed, receives, relieves, 

 comforts, or assists the felon with the means of escape, 

 to the hinderance of public justice. The receivers of 

 stolen goods, are accessaries, ( where the felony admits 

 of accessaries,) and may be prosecuted for the misde- 

 meanor even if the principal be not taken ; and if 

 convicted, in some cases transported for fourteen years. 



IV. OJfeneet againil divine lam. 1. An apostate, or 

 any one writing, printing, or teaching doctrines that 

 have a tendency to invalidate the Christian faith, shall 

 neither have the benefit nor protection of the law ; is 

 liable to be imprisoned for the second offence for three 

 yean, and rendered incapable of being guardian, exe- 

 cutor, legatee, or purchaser of lands. 



3. Offence* against the established church, such as 

 rei iling Ut ordinattett, is punished by fine and imprison- 

 ment. A minuter speaking derogatorily of the common 

 prayer, shall be imprisoned one year for the first of- 

 fence, and for life for the second : if bencficed, l>e im- 

 prisoned six months for the first offence, and forfeit a 

 year's value of hi* benefice ; for the second offence lose 

 his benefice, and suffer one year's imprisonment ; for 

 the third, imprisoned for life. And if any person in 

 plays, tonga, or other open words speak in derogation of 

 the said book, or prevent the reading of it, he is subject 

 to pecuniary penalties. The penalties for Protestant 

 dissenting, are suspended by the toleration act during 

 thrir compliance with the conditions therein enacted ; 

 and any one disturbing such congregation shall be 

 bound over to keep the peace, and forfeit 20. 



S, The penalties for Popery are more severe ; for 

 not only differ in religious opinion, but acknow- 

 ledge a foreign power superior to the sovereignty of 

 the kingdom, consequently cannot be put upon the 

 footing of good subjects But by 31 Geo. III. c. 32, 

 all I! nnn Catholics who renounce by oath the Pope's 

 civil power, and abhorrence of the doctrines of destroy- 

 ing and not keeping faith with heretics, and deposing 

 or murdering princes excommunicated by authority of 

 the see of Rome, shall not be prosecuted under the se- 

 Tere statute* enacted against Popery. And by virtue 

 of this statute, any of them may practise as a ImrrisUr, 

 attorney, or notary. Roman Catholics cannot sit in ei- 

 ther house of parliament, because every member must 

 take the oath of supremacy; nor can they vote at 

 election*, for all votes must be given upon a similar 



Mth. 



Blasphemy in prophanely scoffing at the holy 



iwurinf. 



Scripture*, or exposing thrm to contempt and ridicule, 

 arc offence* pumibaMe at common law. 



5. Every labourer, sailor, or soldier, swearing or curs- 



ing, shall forfeit one shilling ; every other person under I.a- 

 the degree of gentleman, two shillings ; and every gen- of England, 

 tleman or person of superior rank, 5 shillings to the *"" "Y"""' 

 poor of the parish. These penalties are doubled and 

 trebled according to the number of times they are com- 

 mitted ; and, in default of payment, commitment to the 

 house of correction for ten days : the conviction must 

 take place within eight days of the offence before a jus- 

 tice of the peace. If any person in any stage, play, 

 interlude, or show, profanely use any of the names of 

 the holy Trinity, he shall forefeit 10. 



6. Any person pretending a knowledge in the occult 6. Pretend- 

 sciences or witchcraft, is punishable with a year's im- to witch- 

 prisonment and the pillory. craft > * 



'. Religious impostors, such as falsely pretend an 7. Religious 

 extraordinary commission from heaven, are punishable impostors, 

 with corporal correction and imprisonment. 



8. Profanation of the Lord's Sabbath, such as sell- 8. Profana- 

 ing merchandise, or frequenting any play or interlude tion of the 

 upon any holy day, infers a forfeit of three shillings and Sabbath. 

 fourpence to the poor. Any one working upon such 



days shall forfeit 5 shillings ; nor shall any drover, car- 

 rier, or the like, travel upon such days under pain of 

 20 shillings. Any baker exercising his occupation ex- 

 cept between the hours of nine and one o'clock, shall 

 forfeit 10 shillings for the use of the poor. 



9. Drunkenness is also punished with the forfeiture- 0. Drun- 

 of 5 shillings, or set in the stocks for six hours. kenness. 



10. The offence of notorious lewdness, as exposition 10. Lewd- 

 of person, or frequenting houses of ill fame, is punish- "ess. 



ed by fine and imprisonment. 



V. Offences against the law of nations, are 1. The via- V. OfTi-nces 

 lation of taj'e conduct, or patsports expressly granted against ihe 

 by the king or his ambassadors to the subjects of a fo- Iaw of na " 

 reign power in time of mutual war ; or committing acts tlon8 ' 



of hostilities against such as are in amity, league, or ' Violating 

 truce with the nation, which by the law of England " 

 is high treason, and restitution shall be made to the 

 party injured. 



2. The rights of ambassadors are cognizable by the 2 f nsu | t 

 common law, and it will immediately stop all legal pro- j n gor mo- 

 cess sued out against them, or their domestic servants; Jesting am- 

 so that all persons executing such process are deemed bassadovs. 

 violators of the laws of nations, and shall suffer such 

 punishment as the lord chancellor and the chief justices, 



or any two of them, shall think proper to inflict. 



3. Piracy, or robbery, and depredations upon the high 3. pi rn cv. 

 seas, is felony in a subject. Mutineers, or those aiding 



or making a revolt on board ship, are considered pi- 

 rates. The willows of seamen slain when protecting a 

 vessel against the attack of pirates, are entitled to a 

 bounty ; and seamen wounded in sucli defence, shall be 

 entitled to a pension from Greenwich Hospital. 



VI. Another great branch of offences, relates to the yr. \\\^ 

 supreme executive magistrate; of these high treason is the treason" 

 principal. This crime, (so far as distinguished by 25tli what? and 

 Ldw.III. c.2.) is, 1. "Where any one doth compass or its several 

 imagine the death of our lord the king, of our lady his !| i , n ?, sby 

 queen, or their eldest son and heir." In this descrip- jj, ' v ~ 

 tion it is held, that a queen regnant is included, but not 



her husband. Even an usurper, who has got posses- 

 sion of the throne, comes within the meaning of the 

 statute; for allegiance is due to him also for his tem- 

 porary protection of the public rights ; and all subjects 

 are excused from any penalty or forfeiture who as- 

 sist and obey a king de /ado. Compassing or imagin- 

 ing the death of the Hug, is even the mind or will to ac- 

 complish his death, and not an actual perpetration ; the 

 malicious intent must be demonstrated by some overt act, 



safe con- 

 ducts or 

 passports. 



