« AnteriorContinuar »
A contriver or inventor, being convicted upon an indictment, hadno express punishment against him by statute, but shall be left to the punishment due by the common law, viz. fine and imprisonment. 2 Inst. 228.
So, a relator shall be punished by fine and imprisonment; for the statute says that he shall be taken and detained, which implies that he shall be also fined. Ibid.
And this by the express words of the st. 12 R. 2. 11. which enacts, that if any imprisoned, &c. cannot find him from whom the speech moved, he shall be punished by the advice of the council.
So, by the st. W. 1. and 2 R. 2. 5. a man convicted for spreading false rumours, &c. may be imprisoned till he finds his author. 2 Inst.
But where the indictment is general, for speaking of scandalous words, without reference to any author, the judgment shall not be, that he be imprisoned till he produce his author, though he heard the words before his speaking them. R. 12 Co. 134.
Vide STATUTE Staple, (D 6.)
THE END OF THE FOURTH VOLUME.
Printed by A. Strahan, Law-Printer to His Majesty,