438 mitted by means of subornation, &c. ib. But no one can be guilty of perjury upon this act who may not, possibly, be guilty of suborib. s. 19 No indictment, or criminal information, lies upon this statute. 439 nation. have been taken before one of the judges of It must also expressly allege, that the defendant assize, although the caption recites the com- was sworn. mission in which both are named, and the re- But it need not state, that the perjury was comcord of nisi prius prove it to have been taken, as the form is, before them both. 432 (N) In what oaths perjury may be committed. ib.s.5 It is not material whether the fact sworn be true or false. 433. s. 6 It is said the oath must be absolute (but this has been determined otherwise), and a man who The statute extends to no other perjury than that swears that "he believes" any thing to be committed by a witness. ib. s. 20 true which he knows to be false is guilty of And a false affidavit against another in a court perjury. ib. s. 7 (N) of justice is not within the act. ib. s. 21 The oath must be material to the matter in ques- But if the defendant should, in the face of the tion. ib. s. 8 Court, confess an affidavit to be false, the But quære, if it be not directly material, yet so common pleas has punished the offender uncircumstantial as to bias the opinion of the der this act. 440. (N) 7 jury, whether it should not be punished as per- The oath must be to the prejudice of another. jury. 434 A defendant in swearing to an answer in equity And the party who complains must have been may be guilty of perjury, although the fact to actually grieved by it, and be so proved. 441 which he swears is not required to be an- And the manner in which the false oath conduced swered by the bill. 435 to the prejudice must be set forth. ib. The degree of materiality is not necessary to be By a positive averment, and not by way of inproved, nor is it necessary for the evidence to nuendo. be such as will intitle the party to recover; Therefore where the party is benefited by the perbut it is incumbent on the prosecutor to prove jury, the offender cannot be prosecuted on this the materiality. ib. It is not necessary that the oath should be be- So also it must appear to have been committed lieved, or that the party should be injured by in a cause properly depending between the plaintiff and the party for whom the offender was examined as a witness. ib. (N) it. ib. s. 9 But on a prosecution for the perjury, it will be credited until it is disproved by two witnesses, for which purpose the party complaining of the perjury is not an admissible witness. ib. (N) 4 statute. ib. s. 22 ib. ib. offence at common law; and indictments are The offence of granting them fraudulently. 677 usually preferred at the assizes. ib. (N) 6 The statute not to extend to spiritual courts. ib. ib. s. 15 Nor shall the statute restrain the common law punishment, so as the judges do not inflict less than the act prescribes. ib. Therefore the king's bench may inflict fine and pillory, without inquiring of the lands. By 2 Geo. 2. c. 25. judges may, over and above the said punishments, order the offender to be sent to the house of correction, or transported for any term not exceeding seven years. ib. In a prosecution on 5 Eliz. the words of the sta tute must be exactly pursued. 438, s. 17 PERSONATING. By 4 & 5 Will. & Mary, c. 4. whoever shall personate another before commissioners autho rized to take bail, so as the personated may become liable, shall be guilty of felony. 422 Falsely personating others. 312 By 6 Geo. 3. c. 36. to destroy in the night-time, any root, shrub, or plant, of the value of 5s. in any inclosed ground, or to aid, &c. is transportation for seven years. 332 By 6 Geo. 3. c. 48. to destroy any plant, &c. in any cultivated lands, is 40s. for the first of fence, £5 for the second, and transportation for the third. 166, 167. ib. PLAYS AND PLAYHOUSES. A playhouse may become a common nuisance, if it draw together such numbers as become inconvenient. 693 By 5 Geo. 3. c. 25., 7 Geo. 3. c. 50., and 52 Geo: 3. if any officer, servant, post-boy, or rider, employed by the post-office, shall secrete or destroy any letter, packet, or bag of letters, which he may be enstrusted with, containing any security for money, or shall steal such security out of any letter, he shall suffer death without clergy. 161. 164 If the indictment charge the offender as acting in one department of the office, and the verdict find him guilty as a servant in another department, not connected with that charged in the indictment, it is good in arrest of judg ment. 164 By 5 Geo. 3. c. 25. and 7 Geo. 3. c. 50. whoever shall rob any mail in which letters are sent by the post-office, of any letter, packet, or bag, or shall steal any letter, bag, or packet, from any such mail, or from the postoffice, or from any of the receiving houses, shall suffer death without clergy. POWDIKE. 198 PLEAS. See MURDER. The several offences enumerated on which the legislature has inflicted the punishment of pramunire. PRETENDED TITLES. 50 to 60 All pleas in disability ought to be pleaded before. imparlance, and conclude with a demand, if the plaintiff shall be answered. 387. s. 2 The offence of buying or selling pretended titles A plea on 3 Jac. 1. c. 5. against a recusant convict, ought to shew where the defendant was convicted, the record of which must be produced. ib. s. 3 described. PRIVY COUNCIL. See CONTEMPTS. 470 to 476 How such a plea shall be pleaded, if the plain- An insurrection for the purpose of laying violent tiff conform. 387, 388. s. 4, 5, 6 Sheriffs and justices may raise it to execute the Offences against the protestant succession de king's writs, if they apprehend resistance. 513 Sheriff, under-sheriff, constables, and every scribed. PUBLIC-HOUSES. 30 peace-officer, may raise it to suppress a riot. In what manner nuisances relating to publichouses are prevented and restrained by the A queen regnant is within the meaning of the A queen dowager is not within the statute. ib. ib. All aiders and assisters present, whether male or female, are principals. 123 ib. How this offence was formerly punished. RECORD. ib. The offence of embezzling, defacing, or altering any record. A riot is a tumultuous disturbance of the peace Otherwise if they had formed parties under the ib. But the shew of armour, threatening speeches, turbulent gestures, &c. are sufficient offers of violence to maintain that the riot was in terrorem populi; for it must be so laid to be done. 515. s. 5 But if any number assemble, without circumstances of terror, to do an act, under a pretended right, they are not rioters. ib. Nor to do an act contrary to the common law or statute; as to celebrate mass, &c. if they perform it peaceably. ib. If the object of an assembling be of a public nature, as to pull down all bawdy-houses, &c. such rioters will be guilty of treason. ib. s. 6 And private redress, even where authorised by law, must be executed in a peaceable manner, or the offenders, if to the number of three or more, will be rioters. 516. s. 7 266 A rout seems to be an unlawful assembling of persons with an intention and actually moving to do a thing, the execution of which would make them rioters. ib. An unlawful assembly is an assembling with circumstances of terror, with or without an intention to do a riotous act, but neither executing it, or making any motion towards it. ib. In what case a record may be avoided by an 521 A record of forcible entry may be traversed. 497 RIDING ARMED. By 2 Edw. 3. none, except the king's attendants, s. 9 For a man cannot tumultuously assemble even his friends for the defence of his person, as he may for the defence of his house; but he must seek his security by obtaining sureties for the peace. ib. s. 10 All peace-officers may suppress a riot and command the assistance of other persons for that purpose. 517. s. 11 And as private persons may suppress an affray, à fortiori they may assist and arm themselves to suppress a riot. ib. Riots which savour of rebellion they may certainly interpose to suppress; for, on such occasions, no remedy can be too sharp or severe. ib. By 1 Geo. 1. c. 5. if twelve persons, riotously assembled, shall so continue together for one hour after proclamation, they may be apprehended by a peace-officer, and carried before a magistrate; and if the rioter happen to be killed, the officer shall be discharged. ib. s. 11 But no wearing of arms is within the statute, unless they are such as may terrify; therefore Persons not actually engaged, but only aiding, &c. 518 &c. are principals in the second degree under this act. 507. Note in mar. But this statute does not abridge the authority which either officers or private persons have at common law. ib. s. 11 By the common law, rioters may be punished, according to the degree of the offence, by fine and imprisonment, pillory, and forfeiture of lands. ib. s. 12 Corporators punishable in their natural capacity for suffering riots within their jurisdictions. ib. s. 13 Women are punishable as rioters, but not infants wanting discretion. By 34 Edw. 3. c. 1. one justice of the peace has authority over rioters, to restrain, arrest, and chastise them. ib. s. 15 He may authorise their arrest by parol, and commit for not giving sureties. ib. s. 16 But one justice cannot by virtue of this act record a riot, or inquire of it after it is over; but he may by virtue of the statute of Northampton; because under the first he acts ministerially, and under the second judicially. ib. s. 17 And where a justice is authorised to make a record, the fact he records is not traversable. 519 hear, and determine the offence according to law. 521. s. 29 By 19 Hen. 7. c. 13. the sheriff, for this purpose, is directed to return a jury of 24 persons, &c, who shall be fined for disobedience. ib. s. 30 It is not settled whether the power of the justices is confined to a lunar or calendar month. 522. s. 31 But this authority extends to all the justices within the county, who may award process under their own teste, &c. 522. s. 34 It is questionable whether the justices can discharge rioters upon submitting to a fine, without imprisonment. 523. s. 35 Formerly rioters might be fined both by the justices and by the star-chamber. ib. s. 36 By 13 Hen. 4. c. 7. the justices and sheriff may certify the record to the privy (Vide p. 66. s. 41.) council; which shall have the effect of a PRESENTMENT, and the offender may be tried thereon; but the certificate may be traversed and tried in king's bench; and if the offenders do not appear on proclamation, they shall be attainted of the riot. ib. Punishment and process against the jury, if they are guilty of maintenance, &c. ib. s. 38 The certificate may be made by the justices who recorded the riot; but it is most proper to be made by those who took the inquiry. ib. s. 39 524 By the common law, as a conservator, and by 17 Rich. 2. c. 8. a justice may raise THE POSSE And if they neglect so to do, they shall forfeit £20. to suppress a riot. ib. s. 18 By 13 Hen. 4. c. 7. two justices, with the sheriff, may record a riot, and convict the offenders in the manner described by 34 Edw. 3. c. 1. ib. s. 19 And the said certificate must be made within a month after an inquiry. ib. s. 40 And if the inquiry be obstructed, the certificate should contain the causes of the obstruction. ib. And for the purpose of suppressing the riot, they may raise THE POSSE, which even noblemen If there be any variance between the inquisition are obliged to attend, who may arm themselves and the certificate, that which is most for the with proper weapons. 520. s. 20 king's advantage shall be preferred; but And this they may do, not only upon view, but quare, if they differ only in the time. ib. s. 42 information of the riot, and upon seeing any And the certificate being in the nature of an indetached parties of the rioters; yet if they dictment, it should be certain and circumalarm the county frivolously, they shall be stantial; but quære, if the addition of the of punished. fenders need be inserted. ib. s. 22 After view they may record the riot, although the rioters are in custody, and upon fresh suit may retake any who shall escape;-but afterwards the record must be sent to the king's bench, and process to retake must thence issue they may, however, at any time arrest rioters to compel sureties for behaviour. If one bound by a recognizance of the peace be included in the record of the riot, the production of it against him is conclusive. 521. s. 25 But if the record contain a charge of felony, or maim, or rescous, yet it is conclusive only as to the riot. ib. s. 26 ib. s. 43 And if the justices neglect to put 13 Hen. 7. c. 13. into execution, they shall forfeit £100.525 But to incur this penalty the justices must live within the county; and if any justice execute the act, it excuses the rest. ib. s. 45, 46 Only those who dwell nearest the riot are liable; ib. but if the nearest justice die, the next in vicinity is bound to execute the act; and if any others, on notice, of which the notoriety of the fact is sufficient, neglect to supply their default, they are fineable. ib. s. 47, 48, 49, 52 A partial execution of the act will not excuse from the penalty; but it is only in enormous riots, as rebellion or insurrections, that they are liable. ib. s. 50, 51 No acquiescence of the parties will excuse the justices. ib. s. 53 How rioters may be outlawed. 526 The penalties of the foregoing statutes found ineffectual; therefore by 1 Geo. 1. c. 5. if twelve or more, riotously assembled, do not disperse upon proclamation from the magistrate, but shall continue together for one hour after This record, being a conviction, ought to be certain and very circumstantial; it should shew that the parties are guilty, and how far guilty within the statute; that the justices have pursued their power, &c. ib. s. 27 How such convicted rioters may be punished. ib. s. 28 By 13 Hen. 4. c. 7. if the rioters are dispersed before the two justices, sheriff, or under-sheriff, arrive, the justices (without the sheriff, p. 63. 8. 33.) may, within a month after, inquire, wards, 214. s. 13 wards, or shall hinder the magistrate from Quare if it be robbery to force another to part making the proclamation, they shall be felons with his goods at a fair price. without benefit of clergy. 526 The claim of property in the thing taken will not excuse from the guilt of robbery. And if any persons, riotously assembled, shall demolish or begin to pull down any church, chapel, or any building for religious worship registered according to 1 Will. & Mary, c. 18. or any dwelling-house, barn, stable, or other outhouse, felony without clergy. 528 By 13 Car. 2. c. 5. no petition shall be signed by more than twenty persons, &c. 531. s. 61 ib. s. 15 To place a floating dock in a public navigable By ROBBERY. 212 213 Robbery is a felonious and violent taking away SCHOOL & SCHOOLMASTERS. 367 23 Eliz. c. 1. every schoolmaster who is not a protestant, shall be allowed by the bishop, or forfeit £10 a month, and suffer imprisonment for one year. 371 By 1 Jac. 1. c. 4. no person shall keep other 402 85 114 It is pramunire to contribute to the maintenance of a popish seminary. SCOLD. 55 If one of a gang only take the money, yet his confederates are all equally guilty. 213. s. 4 The punishment inflicted on giving or receiving Confederates in robbery may be guilty, although a popish education. (See PAPISTS.) 399 they are not present when the property is taken. ib. s. 4 Taking any thing from the care and protection of another openly and before his face, shall be considered as a taking from his person. This rule illustrated. The fear must be excited before the property is taken, or the taking will amount to larceny The king may grant the exclusive right to print only. ib. s. 6 the holy scriptures. Nor need the fact of actual fear be either laid in By 9 & 10 Will. 3. c. 32. denying the scriptures the indictment or proved upon the trial. to be of divine authority, creates disability in ib. s. 8 law, &c. It is sufficient if the offence be charged to be Profane scoffing against the holy scriptures is done violenter et contra voluntatem. indictable at common law. Proof of such circumstances as are likely to induce a man to part with money for the safety SEA BANKS. of his person, or preservation of his character, is sufficient. |