Encyclopaedia Perthensis; Or Universal Dictionary of the Arts, Sciences ...

7. Trial by wager of battel, in civil cafes, is only had on writ of right; but, in lieu thereof, the tenant may have, at his option, the trial by the grand affize.

8. Trial by wager of law is only had, where the matter in iffile may be fuppofed to have been privily tranfacted between the parties themselves, without the intervention of other witneffes.

SECT. XXIII. Of the TRIAL by JURY.

I. TRIAL by jury is, 1. Extraordinary; as, by the grand affize, in writs of right; and by the grand jury, in writs of attaint. 2. Ordinary.

2. The method and procefs of the ordinary trial by jury is, 1. The writ of venire facias to the fheriff, coroners, or elifors: with the fubfequent compulfive process of habeas corpora, or diftringas. 2. The carrying down of the record to the court of nifi prius. 3. The fheriff's return; or pannel of, ift, fpecial, 2dly, common jurors. 4. The challenges; ift, to the array; 2dly, to the polls of the jurors; either, propter honoris refpectus, propter defectum, propter affectum (which is fometimes a principal challenge, fometimes to the favour), or propter delictum. 5. The tales de circumftantibus. 6. The oath of the jury. 7. The evidence; which is either by proofs, Ift, written; adly, parole:—or, by the private knowledge of the jurors. 6. The verdict; which may be, ift, privy; adly, public; 3dly, fpecial.

SECT. XXIV. OF JUDGMENT, and its INCIDENTS. I: WHATEVER is tranfacted at the trial, in the court of nifi prius, is added to the record under the name of a poftea: confequent upon which is the judgment.

2. Judgment may be arrested or stayed for cau fes, I. Extrinfic, or dehors the record; as in the cafe of new trials. 2. Intrinfic, or within it; as where the declaration varies from the writ, or the verdict from the pleadings and iffue; or where the cafe, laid in the declaration, is not fufficient to fupport the action in point of law.

3. Where the iffue is immaterial, or infufficient, the court may award a repleader.

4. Judgment is the fentence of the law, pronounced by the court, upon the matter contained in the record.

5. Judgments are, 1. Interlocutory; which are incomplete till perfected by a writ of inquiry. 2. Final. 6. Cofts, or expenfes of fuit, are now the neceffary confequences of obtaining judgment. SECT. XXV. Of PROCEEDINGS, in the NATURE of APPEALS.

I. PROCEEDINGS, in the nature of appeals from judgment, are, 1. A writ of attaint; to impeach the verdict of a jury; which of late has been fuperfeded by new trials. 2. A writ of audita querela; to discharge a judgment by matter that has Since happened. 3. A writ of error from one court of record to another; to correct judgments, erroneous in point of law, and not helped by the flatutes of amendment and jeo fails.

2. Writs of error lie, 1. To the court of king's bench, from all inferior courts of record; from the court of common pleas at Westminster; and from the court of king's bench in Ireland. 2. To the

courts of exchequer chamber, from the law fide of the court of exchequer; and from proceedings in the court of king's bench by bill. 3. To the houfe of peers, from proceedings in the court of king's bench by original, and on writs of error; and from the feveral courts of exchequer chamber.

SECT. XXVI. OF EXECUTION.

EXECUTION is the putting in force of the fentence or judgment of the law. Which is effected, 1. Where poffeffion of any hereditament is recovered: by writ of habere facias feifinam, poffef. fionem, &c. 2. Where any thing is awarded to be done or rendered, by a fpecial writ for that purpose: as, by writ of abatement, in cafe of Bui fance: retorna habendo, and capias in withernam, in replevin; diftringas and feire facias, in detinue. 3. Where money only is recovered; by writ of, ift, capias ad fatisfaciendum, against the body of the defendant; or in default thereof, fcire facias against his bail. 2dly, Fieri facias, against his goods and chattels. 3dly, Levari facias, against his goods and the profits of his lands. 4thly, Elegit, against his goods, and the poffeffion of his lands. 5thly, Extendi facias, and other procefs, on fta tutes, recognizances, &c. againft his body, lands, and goods.

SECT. XXVII. Of PROCEEDINGS in the COURTS of EQUITY.

1. MATTERS of equity which belong to the peculiar jurifdiction of the court of chancery, are, 1. The guardianship of infants. 2. The cuftody of idiots and lunatics. 3. The fuperintendance of charities. 4. Commiffions of bankrupt.

2. The court of exchequer, and the duchy-court of Lancaster, have alfo fome peculiar caufes, in which the intereft of the king is more immediately concerned.

3. Equity is the true fenfe and found interpre tation of the rules of law; and, as fuch, is equally attended to by the judges of the courts both of common law and equity.

4. The effential differences, whereby the Englifh courts of equity are diftinguished from the courts of law, are, 1. The mode of proof, by a dif covery on the oath of the party; which gives a jurisdiction in matters of account and fraud. 2. The mode of trial; by depofitions taken in any part of the world. 3. The mode of relief; by giving a more fpecific' and extenfive remedy than can be had in the courts of law; as, by carrying agreements into execution, ftaying wafte or other injuries by injunction, directing the fale of incumbered lands, &c. 4. The true construction of fecurities for money, by confidering them merely as a pledge. 5. The execution of trufts, or fecond ufes, in a matter analogous to the law of legal eftates.

5. The proceedings in the court of chancery (to which those in the exchequer, &c. very nearly conform) are, 1. Bill. 2. Writ of fubpœna; and perhaps, injunction. 3. Process of contempt; viz. (ordinarily) attachment, attachment with proclamations, commiffions of rebellion, ferjeant at arms, and fequeftrations. 4. Appearance. 5. Demurrer. 6. Plea. 7. Anfwer. 8. Exceptions; amendments; cross, or fupplemental, bills; bills

1. In treating of public wrongs, may be confidered, 1. The general nature of crimes and punishments. 2. The perfons capable of committing crimes. 3. The feveral degrees of guilt. 4. The feveral fpecies of crimes, and their respective punishments. 5. The means of prevention. 6. The method of punishment.

2. A crime, or misdemeanour, is an act committed, or omitted, in violation of a public law, either forbidding or commanding it.

3. Crimes are diftinguished from civil injuries, that they are a breach and violation of the public rights, due to the whole community, confidered as a community.

4. Punishments may be confidered with regard to, 1. The power; 2. The end; 3. The measure; -of their infliction.

5. The power, or right, of inflicting human punishments for natural crimes, or fuch as are mala in se, was by the law of nature vested in every individual; but, by the fundamental contract of fociety, is now transferred to the fovereign power; in which alfo is vefted, by the fame contract, the right of punishing pofitive offences, or fuch as are mala prohibita.

6. The end of human punishments is to prevent future offences; 1. By amending the offender himfelf. 2. By deterring others through his example. 3. By depriving him of the power to do future mifchief.

7. The measure of human punishments must be determined by the wifdom of the fovereign power, and not by any uniform univerfal rule: though that wifdom may be regulated, and affifted, by certain general, equitable, principles.

SECT. II. Of the PERSONS capable of COMMIT

TING CRIMES.

1.ALL perfons are capable of committing crimes, unless there be in them a defect of will: for, to conftitute a legal crime, there must be both a vicious will, and a vicious act.

2. The will does not concur with the act, 1. Where there is a defect of understanding. 2. Where no will is exerted. 3. Where the act is conftrained by force and violence.

3. A vicious will may therefore be wanting in the cafes of, 1. Infancy. 2. Idiocy, or lunacy. 3. Drunkennefs; which doth not, however, excufe. 4. Misfortune. 5. Ignorance, or mistake, of fact. 6. Compulfion, or acceflity; which is, 1t, that of civil fabjection; 2dly, that of durefs per minas; 3dly, that of cho sing the leaft pernicious of two evils, whe.e one is unavoidable;

4thly, that of want, or hunger; which is no legitimate excufe.

4. The king, from his excellence and dignity, is also incapable of doing wrong.

SECT. III. Of PRINCIPALS and ACCESSORIES.

1. The different degrees of guilt in criminals are, 1. As principals. 2. As acceffories.

2. A principal in a crime is, 1. He who commits the fact. 2. He who is prefent at, aiding, and abetting, the commission.

fact, nor is prefent at, the commiffion: but is in 3. An acceffory is he who doth not commit the fome fort concerned therein, either before or after.

4. Acceffories can only be in petit treason, and felony: in high treafon, and misdemeanors, all are principals.

5. An acceffory, before the fact, is one who, being abfent when the crime is committed, hath procured, counfelled, or commanded, another to commit it.

6. An acceffory after the fact, is where a perfon, knowing a felony to have been committed, receives, relieves, comforts, or affifts, the felon. Such acceffory is ufually entitled to the benefit of clergy; where the principal, and acceffory before the fact, are excluded from it.

SECT. IV. Of OFFENCES against GOD and RE

LIGION.

I. CRIMES and mifdemeanours cognizable by the laws of England are fuch as more immediately offend, L. GOD, and his holy religion. 2. The law of nations. 3. The king, and his government. 4. The public, or commonwealth. 5. Individuals.

2. Crimes more immediately offending GOD and religion are, 1. Apoftacy. For which the penalty is incapacity, and imprisonment. 2. Herefy. Penalty, for one fpecies thereof: the fame. 3. Offences against the established church:-Either, by reviling its ordinances: Penalties: fine; deprivation; imprisonment; forfeiture.-Or, by nonconformity to its worship: 1ft, Through total irreligion. Penalty: fine. 2dly, Through proteftant diffenting. Penalty abolished by the toleration act. 3dly, Through popery, either in profeffors of the popith religion, popish recufants convict, or popish priests. The penalties were, incapacity; double taxes; imprisonment; fines; forfeitures; abjuration of the realm; judgment of felony, without clergy; and judgment of high treafon. But the greater part of these barbarous and intolerant ftatutes were repealed in 1779, by the famous popish bill. (See ENGLAND, 4. Blafphemy. Penalty: fine, imprisonment, and corporal punishment. 5. Profane fwearing and curling. Penalty: fine, or house of correction. 6. Witchcraft; or at least, the pretence thereto. Penalty: imprisonment, and pillory. 7. Religious impoftures. Penalty: fine, imprisonment, and corporal punishment. 8. Simony. Penalties: forfeiture of double value; incapacity. 9. Sabbath-breaking. Penalty: fine. 10. Drunkennefs. Penalty: fine, or ftocks. 11. Lewdnefs. Penalties: fine; imprisonment; house of correction.

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101.)

SECT.

SECT. V. Of OFFENCES against the LAW of NA

TIONS.

1. The law of nations is a fyftem of rules, deducible by natural reafon, and established by univerfal confent, to regulate the intercourse between independent states.

2. In England, the law of nations is adopted in its full extent, as part of the law of the land.

3. Offences againft this law are principally incident to whole flates or nations; but, when committed by private fubjects, are then the objects of the municipal law.

total forfeiture of lands or goods at common law; now ufually alfo punishable with death, by hang. ing; unless through the benefit of clergy.

2. Felonies injurious to the king's prerogative (of which fome are within, others without, clergy) are, 1. Such as relate to the coin: as, the wilful utter. ing of counterfeit money, &c.; (to which head fome inferior misdemeanours affecting the coinage may be alfo referred). 2. Confpiring or attempt. ing to kill a privy counfellor. 3. Serving foreign ftates, or enlifting foldiers for foreign fervice. Embezzling the king's armour or itores. 5. De fertion from the king's armies, by land or fea.

4. Crimes against the law of nations, animadverted on by the laws of England, are, 1. Violation of fafe-conducts. 2. Infringement of the rights of ambaffadors. Penalty, in both; arbitrary. 3. Piracy. Penalty judgment of felony, without clergy.

SECT. VI. OF HIGH TREASON.

1. CRIMES and misdemeanours more peculiarly offending the king and his government are, 1. High treafon. 2. Felonies injurious to the prerogative, 2. Præmunire. 4. Other mifprifions and conterapts.

2. High treafon may, according to the statute of Edward III. be committed, 1. By compaffing or imagining the death of the king, or queen confort, or their eldeft fon and heir; demonftrated by fome overt act. 2. By violating the king's companion, his eldest daughter, or the wife of his eldett fon. 3. By fome oert act of levying war against the king in his realm. 4. By adherence to the king's enemies. 5. Counterfeiting the king's great or privy feal. 6. By counterfeiting the king's money, or importing counterfeit money. 7. By killing the chancellor, treasurer, or king's juftices, in the execution of their offices.

3. High treafons, created by fubfequent ftatutes, are fuch as relate, 1, To papifts: as, the repeat ed defence of the pope's jurifdiction; the coming from beyond fea of a natural-born popish prieft; the renouncing of allegiance, and reconciliation to the pope or other foreign power. 2. To the coinage, or other fignatures of the king: as, counterfeiting (or, importing and uttering counterfeit) foreign coin, here current; forging the fign manual, privy fignet, or privy feal; falfifying, &c, the current coin. 3. To the proteftant fucceffion: as, correfponding with, or remitting to, the late Pretender's fons; endeavouring to impede the fucceflion; writing or printing, in defence of any pretender's title, or derogation of the act of fettle ment, or of the power of parliament to limit the descent of the crown,

4. The punishment of high treafon, in males, is (generally) to be, 1. Drawn. 2. Hanged. 3. Embowelled alive. 4. Beheaded. 5. Quartered. 6. The bead and quarters to be at the king's difpo, fal. But, in treafons relating to the coin, only to be drawn, and hanged till dead, Females, in both cafes, were formerly drawn and burned alive; but this laft barbarous punishment was abolished by act of parliament, about 1790. SECT. VII, OF FELONIES injurious to the KING's

PREROGATIVE.

SECT. VIII. Of PRÆMUNIRE.

I. PRÆMUNIRE, in its original fenfe, is the offence of adhering to the temporal power of the Pope, in derogation of the regal authority, Penalty outlawry, forfeiture, and imprisonment: which hath fince been extended to fome offences of a different nature.

kets.

2. Among these are, 1. Importing Popish trio2. Contributing to the maintenance of Popifh feminaries abroad, or popish priefts in Eng. land. 3. Molefting the profeffors of abbey-lands, 4. Acting as broker in an ufurious contract, for more than ten per cent. 5. Obtaining any stay of proceedings in fuits for monopolies, 6. Ob taining an exclufive patent for gunpowder or arms. 7. Exertion of purveyance or pre-emption. 8. Afferting a legislative authority in both or ei ther houfe of parliament. 9. Sending any fubje& a prifoner beyond fea. 10. Refusing the oaths of allegiance and fupremacy. 1. Preaching, teach ing, or advised speaking, in defence of the right of any pretender to the crown, or in derogation of the power of parliament to limit the fucceflion. 12. Treating of our matters by the affembly of, Scotland, convened for electing their reprefentatives in parliament. 15. Unwarrantable undertakings by unlawful fubfcriptions to public funds. SECT. IX. Of MISPRISIONS and CONTEMPTS

affecting the KING and GOVERNMENT. I. MISPRISIONS and contempts are all fach high offences as are under the degree of capital.

2. Thefe are, 1. Negative, in concealing what ought to be revealed. 2. Pofitive, in committing what ought not be done.

3. Negative mifprifions are, 1. Mifprifion of treafon. Penalty: forfeiture and imprisonment. 2. Mifprifion of felony. Penalty: fine and imprifonment, 3. Concealment of treasure trove. Pe nalty: fine and imprisonment,

4. Pofitive mifprifions, or high misdemeanours and contempts, are, 1. Mal-adminiftration of public trufts, which includes the crime of peculation. Ufual penalties: banishment; fines; imprifonment; difability. 2. Contempts against the king's prerogative. Penalty: fine and imprisonment 3. Contempt against his perfon and government. Pe nalty; fine, imprisonment, and infamous corporal punishment. 4. Contempts againft his title. Penalties: fine and imprifonment; or fine, and courts of juftice. Penalties: fine; imprisonment i difability. 5. Contempts againft his palaces, or corporal punishment; lofs of right hand; forfei

I. FELONY is that offence which occafions the ture,

SECT

SECT. X. Of OFFENCES against PUBLIC JUSTICE. I. CRIMES especially affecting the commonwealth are offences, 1. Againit the public juftice. 2. Against the public peace. 3. Againft the public trade. 4. Against the public health. 5. Against the public police or economy.

2. Offences against the public juftice, are, 1. Embezzling or vacating records, and perfonating others in courts of juftice. Penalty: judgment of felony, ufually without clergy. 2. Compelling prifoners to become approvers. Penalty: judgment of felony. 3. Obftructing the execution of procefs. 4. Efcapes. 5. Breach of prifon. 6. Refcue. Which four may (according to the circumftances) be either felonies, or misdemeanours, punishable by fine and imprisonment. 7. Returning from transportation. This is felony, without clergy. 8. Taking rewards to help one to his ftolen goods. Penalty: the fame as for the theft. 9. Receiving ftolen goods. Penalties: tranfportation; fine; and imprisonment.-10. Theftbote. 11. Common barretry and fuing in a feigned name. 12. Maintenance. 13. Champerty. Penalty, in these four: fine, and imprisonment. 14. Compounding profecutions on penal ftatutes. Penalty: fine, pillory, and difability. 15. Confpiracy; and threats of accufation in order to extort money, &c. Penalties: the villenous judgment; fine; imprisonment; pillory; whipping; transportation. 16. Perjury, and fubornation thereof. Penalties: infamy; imprisonment; fine, or pillory; and, fometimes, tranfportation or houfe of correction. 17. Bribery. Penalty: fine, and imprisonment. 18. Embracery. Penalty: infamy, fine, and imprisonment, 19. Falfe verdict. Penalty: the judgment in attaint. 20. Negli gence of public officers, &c. Penalty: fine, and forfeiture of the office. 21. Oppreflion by magiftrates. 22. Extortion of officers. Penalty in both: imprisonment, fine, and sometimes forfeiture of the office.

SECT. XI. Of OFFENCES against the PUBLIC

РЕАСЕ.

OFFENCES against the public peace are, 1. Riotous affemblies to the number of twelve. 2. Appearing armed, or hunting in disguise. 3. Threatening, or demanding any valuable thing, by letter. -All these are felonies, without clergy. 4. DeAroying of turnpikes, &c. Penalties: whipping; imprisonment; judgment of felony, with and without clergy.-5. Affrays. 6. Riots, routs, and unlawful affemblies. 7. Tumultuous petitioning. 8. Forcible entry, and detainer. Penalty, in all four: fine, and imprisonment. 9. Going unusually armed. Penalty: forfeiture of arms, and imprifonment. 10. Spreading falfe news. Penalty: fine and imprisonment. 11. Pretended prophecies. Penalties: fine; imprisonment; and forfeiture. 12. Challenges to fight. Penalty: fine, imprisonment, and fometimes forfeiture. 13. Libels. Penalty: fine, imprisonment, and corporal punishment.

SECT. XII. Of OFFENCES against PUBLIC TRADE. OFFENCES against the public trade, are, 1. Owling. Penalties: fines; forfeiture; imprifon

ment of felony. 2. Smuggling penalties: fines; ment; lofs of left hand, tranfportation; judglofs of goods; judgment of felony, without clergy. 3. Fraudulent bankruptcy. Penalty: judgment of felony, without clergy. 4. Ufury. Penalty: fine, and imprisonment. 5. Cheating. Penalties: fine; imprisonment; pillory; tumbrel; whipping, or other corporal punishment, tranf portation.-6. Foreftalling. 7. Regrating. 8. Engrofiing. Penalties, for all three: lofs of goods; fine; imprisonment; pillory. 9. Monopolies, and combinations to raise the price of commodities. Penalties: fines; imprisonment; pillory; lofs of ear; infamy; and, fometimes, the pains of præmunire. 10. Exercifing a trade, not having ferved as an apprentice. Penalty: fine. 11. Tranfporting, or refiding abroad, of artificers. Penalties: fine; imprisonment; forfeiture; incapacity; be coming aliens.

SECT. XIII. Of OFFENCES against the PUBLIC

HEALTH, and PUBLIC POLICE or ECONOMY.

1. OFFENCES against the public health are, 1. Irregularity, in the time of the plague, or of quarantine. Penalties: whipping; judgment of felony, with and without clergy. 2. Selling unwholefome provifions. Penalties: amnercement; pillory; fine; imprisonment; abjuration of the town.

2. Offences against the public police and economy or domeftic order of the kingdom, are, 1. Thofe relating to clandeftine and irregular marriages. Penalties: judgment of felony, with and without clergy. 2. Bigamy, or (more properly) polygamy. Penalty: judgment of felony. 3. Wandering, by foldiers or mariners. 4. Remaining in England, by Egyptians; or being in their fellowship one month. Both thefe are felonies, without clergy. 5. Common nu fauces, ifi, By annoyances or purprestures in highways, bridges, and rivers; 2dly, by offenfive trades and manufactures; 3dly, by diforderly houfes; 4thly, by lotteries; 5thly, by cottages; 6thly, by fireworks; 7thly, by eavesdropping. Penalty, in all; fine. 8thly, By common fcolding. Penalty: the cucking ftool. 6. Idlenefs, diforder, vagrancy, and incorrigible roguery. Penalties: imprisonment; whipping; judgment of felony. 7. Luxury in diet. Penalty, difcretionary. 8. Gaming. Penalties: to gentlemen, fines; to others, fine and imprisonment; to cheating gamefters, fine, infamy, and the corporal pains of perjury. 9. Deftroying the game. Penalties: fines, and corporal punishment.

SECT. XIV. Of HOMICIDE.

1. CRIMES especially affecting individuals are, 1. Against their perfons. 2. Against their habitations. 3. Against their property.

2. Crimes against the persons of individuals, are, r. By homicide, or deftroying life. 2. By other corporal injuries.

3. Homicide is, 1. Juftifiable. 2. Excufable. 3. Felonious.

command of law. 2. By permiffion of law; ift, 4. Homicide is juftifiable, 1. By neceffity, and for the furtherance of public juftice; 2dly, for prevention of fome forcible felony. 5. Homicide

5. Homicide is excufable, 1. Per infortunium, or mifadventure. 3. Se defendendo, or in felfdefence, by chance medley. Penalty, in both: forfeiture of goods; which however is pardoned of course.

6. Felonious homicide is the killing of a human creature without juftification or excufe. This is, 1. Killing one's self. 2. Killing another.

7. Killing one's felf, or felf-murder, is where one deliberately, or by any unlawful malicious act, puts an end to his own life. This is felony; punished by ignominious burial, and forfeiture of goods and chattels.

8. Killing another is, 1. Manflaughter. 2. Murder.

9. Manslaughter is the unlawful killing of another, without malice, exprefs or implied. This is either, 1. Voluntary, upon a fudden heat. 2. Involuntary, in the commiffion of some unlawful act. Both are felony, but within clergy; except in the case of stabbing.

10. Murder is when a person, of found memory and difcretion, unlawfully killeth any reasonable creature, in being, and under the king's peace; with malice aforethought, either exprefs or implied. This is felony, without clergy; punished with speedy death and hanging in chains, or diffection.

11. Petit treafon (being an aggravated degree of murder) is where the fervant kills his mafter, the wife her husband, or the ecclefiaftic his fuperior. Penalty: in men, to be drawn and hanged; in women, to be drawn and burned.

SECT. XV. Of OFFENCES against the PERSONS of INDIVIDUALS.

CRIMES affecting the perfons of individuals, by other corporal injuries, not amounting to homicide, are, 1. Mayhem; and alfo fhooting at another. Penalties: fine; imprisonment; judgment of felony, without clergy. 2. Forcible abduction, and marriage or defilement, of an heiress; which is felony: also, stealing, and deflowering or marrying, any woman-child under the age of fixteen years; for which the penalty is imprisonment, fine, and temporary forfeiture of her lands. 3. Rape, and alfo carnal knowledge, of a womanchild under the age of ten years. 4. Buggery, with man or beaft. Both thefe are felonies, without clergy.-5. Affault. 6. Battery; especially of clergymen. 7. Wounding. Penalties, in all three: fine; imprisonment; and other corporal punishment. 8. Falfe imprisonment. Penalties: fine; imprisonment; and (in fome atrocious cafes) the pains of præmunire, and incapacity of office or pardon. 9. Kidnapping, or forcibly ftealing away the king's fubjects. Penalty: fine; imprifonment; and pillory.

SECT. XVI. Of OFFENCES against the HABITATIONS of INDIVIDUALS.

1. CRIMES affecting the habitations of individuals are, 1. Arfon. 2. Burglary.

2. Arfon is the malicious and wilful burning of

the house, or out-house, of another man. This is felony; in fome cafes within, in others without, clergy.

3. Burglary is the breaking and entering, by

night, into a manfion-house, with intent to commit a felony. This is felony, without clergy. SECT. XVII. Of OFFENCES against PRIVATS PROPERTY.

I. CRIMES affecting the private property of individuals are, 1. Larceny. 2. Malicious mifchief, 3. Forgery.

2. Larceny is, 1. Simple. 2. Mixed, or com. pound.

3. Simple larceny is the felonious taking, and carrying away, of the perfonal goods of another. And it is, 1. Grand larceny; being above the va lue of twelve pence. Which is felony; in fome cafes within, others without, clergy. 2. Petit larceny; to the value of twelve pence or under. Which is alfo felony, but not capital; being pu nifhed with whipping, or transportation.

4. Mixed, or compound, larceny is that where in the taking is accompanied with the aggrava tion of being, 1. From the house. 2. From the perfon.

5. Larcenies from the house, by day or night, are felonies without clergy, when they are, 1. Larcenies, above twelve pence, from a church; or by breaking a tent or booth in a market or fair by day or night, the owner or his family being therein;-or by breaking a dwelling-houfe by day, any perfon being therein;-or from a dwellinghoufe by day, without breaking, any person therein being put in fear;-or from a dwelling-house by night, without breaking, the owner, or his family being therein, and put in fear. 2. Larcenies, thop, or warehoufe by day, though no perfon be of five fhillings, by breaking the dwelling-houfe, therein; or, by privately ftealing in any fhop, warehouse, coachhouse, or stable, by day or night, without breaking, and though no perfon be therein. 3. Larcenies, of forty fhillings, from a dwel ling houfe or its out-houfes, without breaking, and though no perfon be therein.

6. Larceny from the perfon is, 1. By privately ftealing, from the perfon of another, above the value of twelve pence. 2. By robbery; or the felonious and forcible taking, from the perfon of another, in or near the highway, goods or money of any value, by putting him in fear. These are both felonies without clergy. An attempt to rob is alfo felony.

7. Malicious mifchief, by deftroying dikes, goods, cattle, fhips, garments, fish-ponds, trees, woods, churches, chapels, meeting-houses, houfes, out-houses, corn, hay, ftraw, fea or river banks, hop-binds, coal-mines (or engines thereunto be longing), or any fences for inclofures by act of parliament, is felony; and, in most cafes, without benefit of clergy.

8. Forgery is the fraudulent making or alteration of a writing, in prejudice of another's right. Penalties: fine; imprisonment; pillory; lofs of nofe and ears; forfeiture; judgment of felony, without clergy.

SECT. XVIII. Of the MEANS of PREVENTING

OFFENCES.

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Encyclopaedia Perthensis; Or Universal Dictionary of the Arts ..., Volume 12