LAW. 



657 



L. Hitherto we have spoken of offences that affect the 



- ~~* society generally. We proceed to consider those which 

 fleet it through the medium of injuries committed 

 more immediately against individual-,. 



-nj XV. 1. Homicide, the greatest injury that can be 

 done to the person of an individual is, 1. Justifiable. 

 2. Excusable. 3. Criminal. 



(I.) Justifiable homicide must arise from necetiily, 

 without any will, intention, or desire, and without neg- 

 ^c. ligence; a* where proper officer in the endeavour to 



1.) fiVk take a felon, is prevented, he is thereupon justified 

 in using violence to make the caption; and it' homi- 

 cide should thereby ensue, either to the prisoner, or 

 those opposing the process of justice, the officer stands 

 excused ; or if a man be killed in the attempt to mur- 

 der, rob, or break open a house in the niyht, it i- justi- 

 fiable homicide ; a* also where a woman or her rela- 

 tive* flay another to preserve her chastity. 



(-'.) Excuse' ' is either per infortuniam or 



se detendendo. Per infortuniam, as where one doing a 

 late/til act without any intention of hurt, unfortunately 

 kills another. fietief'fndc-iJo, or chance-medley, as where 

 one kill* another in his' own defence, that is, after he 

 has retreated so far a* he possibly can from the wrath 

 of hi* antagonist ; and this mutt be at the very time of 

 tbeauaulL 



(3.) Criminal or Jflonious homicide, is the killing a 

 human creature without justification or excuse. 1. A 

 f'e/o de te it one who deliberately puts an end to his 

 existence ; and he that advise* another so to do, is an 

 accessary before the fact, if the murder absolutely take* 

 place. A. felo de it is ignominioutly buried, a stake 

 driven through hi? body, and hi* good* and chattels 

 forfeited. 2. Mantlaufhttr i* the unlawful killing ano- 

 ther, without malice either expressed or implied. As, 

 where two penon* suddenly fight and one kills the 

 other ; this mutt arise from the beat of the moment, 

 and Hidden impulse of the passion*. Penalty, felony, 

 with benefit of clergy, forfeiture of goods and chattel*, 

 and fine. But mortally stabbing is punished as mur- 

 der, though dune upon sudden provocation. 3. Mur- 

 der is where " a penon of lound memory and discretion, 

 unlawfully tillelh any reatonable creature in being, and 

 under the Hug's peace, with malice aforethought, either 

 trptfu or implied ;" or doe* any act the evident conse- 

 quence of which will be the death of some one. The 

 second*, a* well a* principals in a deliberate duel, 

 which terminate* fatally, are all deemed murderers in 

 law. Punuhment, death, the body anatomized, and 

 the forfeitures of felony. Petit-treason, is where a ser- 

 vant master ; the wife her husband ; or an 

 ecclesiastic hi* superior. I'uni.'hu.ent, to be drawn 

 and hanged, with the other penalties of murder. 



4. Mayhem i* the >lrpriving another of the 



ur of such of hi* members a* may rentier him less 

 able to fight or defr n the lying in 



wait unlawfully, with malice aforethought, to cut off 

 or disable any limb or member of any person, milk in* 

 tml to maim or to ill-figure him, is felony without 

 clergy < or any one maliciously shooting at, stabbing, 

 or cutting another milk intent to murder, rob, maim, 

 disflgure, or disable him, or milk inlrnt to aid the escape 

 of any penon stabbing or cutting, i* guilty of a felony 

 without ilergy. 



3. The furciUe abduction and marriage, or stealing 

 of an herrets, is where a penon for lucre takes any 

 woman, whether maid, widow, or wife, contrary to her 

 will, and afterward* she is married to such micdoer, or 

 by hi* consent to another, the having substance either 



Tot. xii. PASTT u. 



in goods or lands, or being an heiress. The offenders 

 with his procurers and accessaries, are guilty of felony 

 without clergy. 



4. Marrying any woman-child under the age of six- 

 leen years, against the will of her father, mother, guar- 

 dians, or governors, infers the penalty of imprisonment 

 for five years, and the forfeiture of the woman's lands 

 during the life of the husband to her next of kin. 



5. Rape, or the forcible carnal knowledge of a woman 

 against her mill, and the abuse of a female child under 

 the age of ten, sti'/A or without consent, is felony with- 

 out clergy. 



6. The infamous crime against nature, committed ei- 

 ther with man or beast, is likewise felony without 

 clergy. 



7. Assault, battery, mounding, and kidnapping, or the 

 forcibly taking away the king's subjects, are punished 

 by fine, imprisonment, and pillory. 



XVI. Of offences against the habitations and projjcr- 

 t>l of individuals, we may enumerate, 1. Arson ab ar- 

 dendo, which is the malicious and wilful burning of the 

 house, or out-house of another man; and is felony with- 

 out benefit of clergy. The wilful firing one's own 

 house in a tonn is punishable with fine, imprisonment, 

 and pillory ; and if with intent to defraud any person, 

 felony without clergy. 



2. Burglary is the forcible entry into a mansion or 

 dwelling-house, church, or wall or gate of a town by 

 night, with a felonious intent. If there be day light 

 enough to discern a man's face, it is no burglary. The 

 breaking open an out-house that is attached to a dwel- 

 ling house, or within the same common fence, is burg- 

 lary. But the breaking open a shop that is let apart 

 from a house of which it is parcel, is no burglary, un- 

 less some person usually sleep there ; penalty, felony, 

 without benefit of clergy, for abettors, accessaries, and 

 principals. 



3. Larceny, is the felonious taking and carrying 

 away the goods of another ; and it is either, 



(1.) Grand larceny, where the property taken is 

 above the value of twelve pence; which is felony, in 

 some cases within, in others without clergy. 



(2.) Petit larceny, where the value is twelve pence 

 only, which is also felony, but not capital, being pu- 

 nished with whipping or transportation ; or, 



(3.) Mixed or compound larceny, which is that where- 

 in the taking is accompanied with the aggravation of 

 being either, 1. From the house, or, 2. From the person. 

 Larcenies from the house, by day or night, are felonies 

 without clergy, when they are, 1. Above twelve pence, 

 whether the house be properly a dwelling-hoase.church, 

 booth, &c. any person being therein. -2. When the va- 

 lue is five shillings, the house being broke open, though 

 no person be therein. 3. Larcenies of forty shillings, 

 from a house without breaking, and though no person 

 be therein. 4. Larcenies of five shillings from a shop, 

 warehouse, out-house, &c. whether broken or not, and 

 though no pcr*n be therein. Larceny from the per- 

 *<iii, is 1. By privately stealing from the person of ano- 

 ther alxwe the value of twelve pence. 2. By robbery, 

 or the felonious and forcible taking from the person of 

 another, goods or money of any value, by putting him 

 in fear. These are also felonies without clergy. As 

 attempt to rob is felony. 



k. Malicious mitchiej, such as the destroying dikes, 

 public navigations, bridges, &c. ; breaking open any 

 house or shop to destroy goods in the loom, or utensils 

 used in manufacturing such goods ; burning any barn 

 or stack of com or grain ; killing any horses, sheep, or 

 4 o 



Law. 



t. Marryiny 

 without 



P atents ' 

 5. Mape. 



6. Unnatu. 

 ral oi 



7. Assault. 



XVi. or. 



fenccs a ' 



and pr 



ty. 



! Arson. 



2. Burgla- 



3. Larceny, 

 do Grand 



2. Petit lr. 

 ccny. 



(.3.) .Mixed 



t. Mali. 

 cjousinii- 



c " 



