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Afault with Intent to murder. The ftatute under which profecutions of this fort are most frequently carried on, is the 9 Geo. I. c. 22. (commonly called the black act), which provides that if any perfon fhall wilfully and maliciously shoot at another in any dwelling-houfe or other place; or fhall forcibly refcue any perfon being lawfully in cuftody of any officer or other perfon for fuch offence; or fhall, by gift or promise of money, or other reward, procure any fubject to join him in any fuch unlawful act; he shall fuffer death without benefit of clergy. It is not neceffary in this cafe, as in fome others to which the act applies, that the offender should have his face blacked, or be otherwise disguised. Malice being an effential ingredient in this offence; neither an accidental fhooting, in the intemperance of pathon, upon fuch a provocation as would in law reduce the homicide to manflaughter, is within the meaning of the ftatute: and although it is not neceffary that any evil confequence fhould enfue, yet the fhooting must be with a gun or other inftrument, fo loaded as to create danger of death, or maim; and it must be levelled at the party. This ftatute at once creating a new felony and making it capital, it must be fo with all its confequences, and therefore every perfon prefent aiding and affifting muft be a principal in the fecond degree.

Affault with Intent to rob. This offence at common law was only punishable as a mifdemeanor; though by fome it had been confidered as felony, upon the mistaken maxim, voluntas reputabitur pro facto, but now by 7 Geo. II. c. 21. it is enacted, That if any perfon fhall, with any offenfive weapon, unlawfully and malicioufly affauit another; or by menaces, demand any money, goods, or chattels, with intent to rob; fuch offender shall be transported as a felon for feven years. And if the offender break gaol, or escape before fuch transportation, or fhall return before the expiration of his term, he shall suffer death without benefit of clergy.

Affaults on Perfons wrecked. By 26 Geo. II. c. 19. "If any perfon fhall beat, or wouud, with intent to kill or destroy, "or fhall otherwife wilfully obftruct the efcape of any perfon "endeavouring to fave his or her life from any fhip or veffel in "diftrefs, or which fhall be wrecked, loft, ftranded, or caft "on fhore, in any part of his majefty's dominions, he shall be "deemed guilty of felony without benefit of clergy. And if "any fheriff or his deputy, juftice of the peace, mayor, or other "magiftrate, coroner, lord of the manor, commiffioner of the "land-tax, chief or petty conftable, or other peace officer, or "any custom-houfe, or excife officer, or other perfon lawfully "authorized, fhall be affaulted, beaten and wounded, on ac"count of the exercife of his duty, in or concerning the falvage

"or prefervation of any fhip or veffel in diftrefs, or of any ship, "goods or effects, ftranded, wrecked, or caft on shore, "or lying under water in any of his majesty's dominions; the "offender, on conviction, at the affiizes or general gaol delivery, "or at the quarter feffions, fhall be tranfported for feven years." Affaults by Mariners. The punishment of mariners preventing by violence their captain from defending his fhip, is mentioned in this volume, p. 276.

Afault on Account of Gaming. By 9 Anne, c. 15. if any perfon fhall affault and beat, or challenge or provoke to fight, any other perfon on account of money won by gaming, fuch perfon fhall forfeit all his goods, chattels, and perfonal eftate whatfoever, and be imprifoned in the county gaol for two years.

Afault with Intent to fpoil Garments. By 6 Geo. I.c. 23." If any perfon fhall wilfully and maliciously affault another in the public ftreets or highways, with an intent to tear, fpoil, cut, burn, or deface his garments or cloaths, the offender fhall be guilty of felony, and liable to be tranfported for seven years. This ftatute was occafioned by the infolence of certain weavers and others, who, on the introduction of fome Indian fashions prejudicial to their own manufactures, made it a practice to deface them either by open outrage, or by privily cutting, or cafting aqua fortis in the streets upon fuch as wore them.

Afault with Intent to obftruct the free Paffage of Grain. By 36 Geo. III. c. 9., "If any perfon fhall wilfully and malicioufly beat, wound, or ufe any other violence to or upon any -one, with intent to deter or hinder him from buying corn or grain in any market or other place within this kingdom; or unlawfully beat or wound the driver of any waggon, cart, or other carriage or horfe, loaded with wheat, flour, meal, malt, or other grain, with intent to ftop fuch wheat, &c., every fuch perfon, being convicted before two or more juftices of the peace, or at the feffions, shall be sent to the common gaol or house of correction, to be kept to hard labour, not less than one, nor execeding three months. And for a fecond offence tranfported for feven years. The fame provifions were before enacted by the 11 Geo. II. c. 22., which is ftill in force; with this addition, that for the first offence the juftices were also directed to adjudge the offender to be publicly whipped by the keeper of the gaol or houfe of correction, on the first convenient market day, at the market crofs or place, between the hours of eleven and two. In both acts there is a provifion, that no perfon punished by virtue thereof, fhall be punished for the fame offence by any other ftatute; but 36 Geo. III. declares, that nothing therein contained fhall be deemed to abridge or take away any provifion already made by law, or any part thereof, for the fuppreflion or punishment of any offence mentioned in that act.

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Alfaults

Afaults on Mafter Wool-combers. By 12 Geo. I. c. 34. if any perfon fhall affault or abuse any mafter wool-comber, or mafter weaver, or other perfon concerned in the woollen manufactures, for not complying with any illegal bye-laws, ordinances, rules, or orders, formed in unlawful clubs and focieties; fuch offender being lawfully convicted, on any indictment found within twelve calendar months, fhall be adjudged guilty of felony, and tranfported for seven years; and the like provifions are extended to combers of jerfey and wool, frame work knitters, and weavers or makers of ftockings, and to all perfons whatfoever employed or concerned in any of the faid manufactures.

FALSE IMPRISONMENT. This offence is most frequently the object of a civil action for a compenfation in damages; that mode of it which relates to the arreft of ambaffadors has been noticed in this volume, p. 52.

KIDNAPPING. The moft aggravated fpecies, of false imprifonment is the ftealing and carrying away, or fecreting of any person, sometimes called kidnapping, which is an offence at common law, punishable by fine, imprisonment, and pillory. Of this nature is the offence pointed out by the. 43 Eliz. c. 13., which, reciting that many fubjects dwelling and inhabiting within the counties of Cumberland, Northumberland, Weftmoreland, and the bishopric of Durham, had been taken, fome from their houses, others in travelling, or otherwife, and carried out of the fame counties, or to fome other place within the fame, as prifoners, and cruelly treated till they have been redeemed by great ranfoms, enacts, that whoe ver fhall, without good and lawful warrant and authority, take any of the queen's fubjects against his or their wills, to ranfom them, or to make a prey or spoil of his or their perfon or goods, upon deadly feud or otherwife; or whoever fhall be privy, con fenting, aiding, or affifting unto any fuch taking, detaining or carrying away of any fuch perfon or perfons, prifoners as aforet aid, fhall be adjudged felons, and fuffer death without benefit of clergy, and fhall forfeit as in cafe of felony.

of any

The forcible abduction, or fealing and carr ying away person, is greatly aggravated by fending them away from their own country into another, properly called kidi apping; though the punishment at common law is no more t han fine, imprifonment, and pillory. By the habeas corpus act it is declared that no fubject of this realm, being an inhabitant of the kingdom, fhall be fent prifoner into Scotland, Ireland, Jersey, Guernsey, Tangier, or into ports, garrifons, i' lands, or places beyond the feas, within or without the king's dominions; that every fuch imprisonment is illegal; and any i serfon fo impri

VOL. II.

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foned may maintain an action of falfe, imprisonment against thofe by whom he was imprifoned, fent prifoner, or transported, and againft all who framed, contrived, wrote, fealed, or counterfigned any warrant for fuch detainer, imprisonment, or tranfportation, or were advifing, aiding, or affifting in the fame, and the plaintiff in every fuch action fhall have treble cofts, befides damages; which fhall not be less than 500l. And the persons convicted of fuch acts fhall be difabled to bear any office of truft or profit within the king's dominions; and fhall incur the pains, penalties, and forfeitures of a præmunire, and be incapable of pardon. No perfon can be tried or troubled for any offence against the act unless within two years after the offence committed, or if the party grieved be in prifon, then within two years after the deceafe of the party imprisoned, or delivery out of prifon, which fhall firft happen.

Alfo by 11 and 12 W. and M. c. 7. if any mafter of a merchant fhip or ve fle! fhall during his being abroad force any man on fhore, or wilfully leave him behind, in any of his majesty's plantations or elsewhere, or fhall refufe to bring home with him again all fuch of the men whom he carried out with him, as are in a condition to return, when he shall be ready to proceed on his homeward bound voyage; he shall fuffer three months imprifonment without bail or mainprize.

RAPE. This offence is felony without benefit of clergy by various ftatutes. If the object of it be under the age of ten years, her confent cannot be alleged in juftification; and if above ten, and under twelve, ftill, notwithstanding her confent, it is a high mild :meanor; fo is an affault with intent to commit this crime, Ithough the purpose is not effected.

FORCIBLE OR FRAUDULENT ABDUCTION, MARRIAGE, OR DEFILEMENT OF WOMEN OF SUBSTANCE. The 3 Henry VII. c. 2. reciding that "where women, as well maidens as "widows and wives, having fubftances, fome in goods moveable, "and fome in lands and tenements, and fome being heirs appa"rent unto their ancestors, for the lucre of fuch fubftances be ❝ oftentimes taken by mifdoers, contrary to their will, and " often married to fuch mifdoers, or to other by their affent, or "defiled," en is, "that whatever perfon or perfons from "henceforth akes any woman, fo against her will, unlawfully, "that is to fey, maid, widow, or wife; fuch taking, procuring, " and abetting to the fame, and alfo receiving wittingly the fame "woman fo taken against her will, and knowing the fame, be "felony; and that fuch mifdoers, takers, procurators to the fame, "and reccitors knowing the faid offence, in form aforefaid, be adjudged principal felons." And the 39 Eliz. c. 9. takes away benelit of clergy from principals, procurers, and accellaries before

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the fact. If a woman is forcibly taken in one county, and afterwards goes voluntarily into another county, and is there married or defiled with her own confent, the fact is not indictable in either for the offence, which confifts in the forcible taking and fubfequent marriage or defilement, is not complete in either. But if the force continued upon her at all in the other county in which she was fo taken, the offender may be indicted there; although the actual marriage or defilement afterwards took place with her own confent. It is held that a woman fo taken away may be a witnefs againft the man who has married her, but the practice has not been uniform, although the principle is fettled; the teftimony must be received with great caution.

By 4 and 5 Ph. and Mary, c. 8. if any perfon above the age of fourteen years fhall unlawfully take or convey, or cause to be taken or conveyed, any maid or woman child unmarried, being within the age of fixteen years, out of or from the poffeffion and against the will of her father, mother, or lawful guardian, fuch perfon fhall fuffer imprisonment for two years, or eife pay fuch fine as fhall be affeffed by the court of ftar chamber; and "If any person or perfons fhall fo take, or "cause to be taken away as aforefaid, and deflower any fuch "maid or woman child, or fhall against the will, or unknowing of

or to the father if alive, or of the mother having the cuftody "or governance of fuch child if the father be dead, by fecret let"ters, meffages or otherwife, contract matrimony with any such "maiden or woman child; every fuch perfon fhall fuffer imprifon"ment for five years, or else shall pay fuch fine as fhall be affeffed "by the ftar chamber, a moiety to the crown, and the other moiety to the parties grieved." By the 26 Geo. II. c. 33. the marriage is void; but the statute of Phil. and Mary is in force, and the court of king's bench has the powers which are given to the ftar chamber.

POLYGAMY OR BIGAMY is noticed in vol. I. p. 410.

CRIME AGAINST NATURE. This offence, of which it is horrible even to fpeak, is felony without benefit of clergy; acceffaries before or after, are not deprived of clergy; but perfons prefent aiding and affifting, are deemed principals.

THEFT. The modes of theft punishable by law are fubject to many nice diftinétions, arifing from an infinite variety of cafes, and far too minute to be enumerated in this work.

BURGLARY. Burglary, which is derived from the German burg, a houfe, and laren or latro a thief, is a felony at common law, and is generally defined to be a breaking and entering the manfion houfe of another, in the night, with intent to commit some felony within the fame, whether fuch intent be executed or not. To perfect this crime, there must be a breach of the house

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