offenses, viz. the several kinds of treason, heresy and felony, the second of these, heresy, being an offense of a spiritual nature, of which it was not our author's purpose to treat, was at first wholly omitted by him; but afterwards considering, as I suppose, that by its being circumscribed by act of parliament, viz. 1 Eliz. it became an offense of temporal cognizance, he thought proper to insert a chapter upon that head. The second part relates to the manner of proceeding against offenders; wherein are considered the jurisdiction of the several courts; the manner of apprehending, committing, bailing, and arraigning offenders; their several pleas, bringing them to trial, judgment, and execution. Having thus given some general account of the author and the work, it will be proper, in the next place, to acquaint the reader with the part I have had in this addition, which has been to supervise the printing thereof, that it be agreeable to our author's manuscript, which being written in a very obscure hand, might, by one wholly unacquainted with the law, have been frequently mistaken. To make this work the more authentic, the several references herein made to the records have been compared with the originals at the respective offices in the Tower and Westminster. I have also carefully examined the several quotations from the year-books, reports, &c. many of which being quoted without folio or page, or else mis-quoted, have with no small trouble been supplied and rectified; for our author, not having always had leisure to consult the books themselves, has frequently copied from the mis-printed quotations in the margin of lord Coke's third volume of his Institutes. As it cannot be expected, but in the writing so large a manuscript, some words must, currente calamo, have been omitted or wrong written, I have in some few places taken the liberty to add or alter a word or two to preserve the sense; but have been particularly careful to distinguish such addition or alteration within crotchets, that I might not impose my judgment on the reader, but leave him to judge for himself, whether the drift of our author's reasoning do not require it. I have likewise subjoined a few notes, containing some observations from the records; as also remarking, where the law hath been since explained by later resolutions, or altered by subsequent acts of parliament; but as these acts are sometimes very long, consisting of many clauses, the reader is desired to use the same caution here, which is recommended by our author(r) with regard to those recited in the work itself, viz. "that he rely not barely upon the abstracts thereof here given, but peruse the statutes themselves in the books at large." I am sensible many slips and omissions must needs have happened in the supervising so large a work of so critical a nature, but hope that will plead my excuse, at least to those, who consider the wide difference between perusing it in a fair print and in a difficult manuscript. MARCH 30, 1736. (r) Part I. p. 261. A TABLE SEVERAL CHAPTERS CONTAINED IN THE FIRST PART. CHAPTER I. Concerning capital punishments CHAPTER II. Concerning the several incapacities of persons, and their exemptions from penalties by reason thereof CHAPTER III. Touching the defect of infancy and non-age PAGE. CHAPTER XIII. Touching high treason in compassing the death of the king, queen, or prince CHAPTER XIV. Concerning levying of war against the king CHAPTER XV. Concerning treason in adhering to the king's enemies within the land or without PAGE. 91 130 159 CHAPTER XVI. Concerning treason in counterfeiting the great seal, or privy seal 170 CHAPTER XVII. Concerning high treason in counterfeiting the king's coin, and in the first place touching the history of the coin and coinage of England 188 CHAPTER XVIII. Concerning the adulteration or impairing of CHAPTER XX. Concerning treason in bringing in false money 205 210 225 230 CHAPTER XXII. Concerning principals and accessaries in treason 233 CHAPTER XXIII. Concerning forfeitures by treason CHAPTER XXIV. Concerning declaring of treasons by parliament, and those treasons that were enacted or declared by parliament between the 25 E. 3. and the 1 Mar. 239 258 CHAPTER XXV. Concerning treasons declared and enacted from 1 Mar. till this day, viz. 13 Car. 2. 307 CHAPTER XXVI. Concerning the judgments in high treason, and the particulars relating thereunto, and to attainders CHAPTER XXVII. Touching corruption of blood, and restitution thereof, loss of dower, forfeiture of goods, and execution CHAPTER XXVIII. Touching the crime of misprision of treason and felony, &c. 342 354 371 CHAPTER XXIX. Concerning petit treason 377 CHAPTER XXX. Concerning heresy and apostacy, and the punishment thereof 383 CHAPTER XXXI. Concerning homicide and first of self-killing, or felo de se 411 CHAPTER XXXII. Of deodands 419 CHAPTER XXXIII. Of homicide, and its several kinds, and first of those considerations, that are applicable as well to murder as to manslaughter 424 |