A

DIGEST

OF THE

Criminal Statute Law

OF

ENGLAND.

Laws.

laws.

WHEREAS the Laws of England are the Birthright of the A general conPeople thereof, and all the Kings and Queens who shall firmation of all Ascend the Throne of this Realm, ought to administer the Government of the same according to the said Laws, and all their Officers and Ministers ought to serve them respectively according to the same. The Lords Spiritual and Temporal, and Commons, do therefore further humbly pray, that all the Laws and Statutes of this Realm for securing the established Religion, and the Rights and Liberties of the People thereof, and all other Laws and Statutes of the same now in force, may be ratified and confirmed; and the same are by his Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, and by Authority of the same, ratified and confirmed accordingly. 12, 13 W. 3. c. 2. s. 3.

Letters of Marque.

By section 31 of the Stat. 29 G. 2. c. 34. reciting that "good Privateers going into ports in and necessary laws have been made, and are still in force within British colonien several of his Majesty's Colonies or Plantations in America, for in America, subject to the colo preventing the carrying off from the said Colonies or Plantations nial laws there.

Where crimes committed on

shall be tried.

any Servant or Slave without the consent of the Owner, or the carrying off from thence any other Person or Persons whatsoever, until such Person shall have taken out his Ticket from the Secretary's Office within such respective Colony or Plantation, in such manner and under such Penalties and Forfeitures as in and by the said several Laws is declared and provided;" and then enacts, that all Commanders of private Ships of War or Merchants Ships having Letters of Marque, shall, upon their going into any of those Ports or Harbours, be subject, and they are hereby determined to be subject to the several Directions, Provisions, Penalties, and Forfeitures, in and by such Laws made and provided; any thing in this Act contained to the contrary thereof in anywise notwithstanding.

The 34th section of the same Statute provides that all Ofboard Privateers, fenders who shall be accused of such crimes as are cognizable cognizable only by court martial, only by a Court-martial, shall be confined on board such Privateer or Merchant Ship carrying Letter of Marque, on which such Offence shall be committed, until they shall arrive in some Port in Great Britain or Ireland, or can meet with such a number of his Majesty's Ships of War abroad as are sufficient to make a Court-martial; and upon application made by the Commander of such Privateer or Merchant Ship carrying Letter of Marque to the Lord High Admiral of Great Britain, or Commissioners for executing the Office of Lord High Admiral of Great Britain for the time being, or the Commander in Chief of his Majesty's said Ships of War abroad, the said Lord High Admiral, or Commissioners, &c. for the time being, or any three or more of them, or such Commander in Chief abroad, are hereby authorized and required to call a Court Martial for trying and punishing the said Offences.

Upon the trial for a libel, the

Jury may give a general verdict upon the whole

without being re

Libels.

The Statute 32 G. 3. c. 60. intituled "An Act to remove Doubts respecting the functions of Juries in cases of Libel," recites that "Doubts have arisen whether on the Trial of an in issue, Indictment or Information for the making or publishing any quired to find the Libel, where an Issue or Issues are joined between the King and defendant guilty the Defendant or Defendants on the Plea of Not Guilty pleaded, merely upon proof of the pub- it be competent to the Jury impannelled to try the same, to give their Verdict upon the whole Matter in Issue;" and then declares and enacts, that on every such Trial, the Jury sworn to try the Issue may give a general Verdict of Guilty or Not Guilty

lication of the

libel, and the

sense imputed to it;

upon the whole Matter put to issue upon such Indictment or Information; and shall not be required or directed, by the Court or Judge before whom such Indictment or Information shall be tried, to find the Defendant or Defendants guilty, merely on the Proof of the Publication by such Defendant or Defendants of the Paper charged to be a Libel, and of the Sense ascribed to the same in such Indictment or Information.

their or his

opinion and

Provided always, that on every such Trial the Court or Judge but the Court of before whom such Indictment or Information shall be tried, shall Judge may give according to their or his discretion give their or his opinion and directions to the Jury on the Matter in Issue between the King and the Defendant or Defendants, in like manner as in other Criminal Cases. s. 2.

direction.

and defendant may move in arrest of judg

Provided also, that nothing herein contained shall extend or Jury may find a be construed to extend to prevent the Jury from finding a special special verdict; Verdict in their discretion as in other Criminal Cases. s. 3. Provided also, that in case the Jury shall find the Defendant or Defendants guilty, it shall and may be lawful for the said Defendant or Defendants to move in arrest of Judgement, on such ground and in such manner as by Law he or they might have done before the passing of this Act, any thing herein contained to the contrary notwithstanding. s. 4.

Maintenance.

ment.

not take part

in quarrels.

None of the King's Clerks, nor of any Justicer, from hence- Clerks to Jusforth shall receive the Presentment of any Church, for the tices, &c. shall which any Plea or Debate is in the King's Courts, without Special Licence of the King; and that the King forbiddeth, upon pain to lose the Church and his Service; and that no Clerk of any Justicer or Sheriff take part in any quarrels of matters depending in the King's Court, nor shall work any fraud whereby common right may be delayed or disturbed; and if any so do, he shall be punished by the pain aforesaid, or more grievously, if the Trespass do so require. 3 Ed. 1. c. 28.

Barretors, &c. lowed in shires. Stewards shall not give judge

shall not be al

ments unless

It is provided that no Sheriff shall suffer any Barretors or Maintainers of Quarrels in their Shires, neither Stewards of great Lords, nor other (unless he be Attorney for his Lord), to make Suit, nor to give Judgments in the Counties, nor to pronounce the Judgments, if he be not specially required specially reand prayed of all the Suitors and Attornies of the Suitors which quired. shall be at the Court; and if any do, the King shall punish grievously, both the Sheriff and him that doth. 3 Ed. 1. c. 33.