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

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

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

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
words "our lord the king," in the statute of
treasons.
11. s. 20

A queen dowager is not within the statute. ib.
s. 22
RAPE
Is the carnal knowledge of a woman by force, 121
Nothing less than actual penetration and emis-
sion can amount to a rape; but emission is
prima facie evidence of penetration.
122
It is no excuse that the woman at last yielded,
or consented after the fact; or was a common
strumpet; or conceived from the fact. ib.
But if she make no complaint at the time, it is a
strong ground for presuming consent. ib.
By 18 Eliz. c. 7. whoever shall carnally know a
woman child under ten years of age, shall
suffer as a felon without clergy.
ib.
Whether with or without consent in this case, is
not material; but penetration must be proved.

ib. All aiders and assisters present, whether male or female, are principals. 123 ib.

How this offence was formerly punished.
By 18 Eliz. c. 7. this offence is excluded from
the benefit of clergy.

RECORD.

ib.

The offence of embezzling, defacing, or altering any record.

A riot is a tumultuous disturbance of the peace
by three persons or more, &c. &c.
If numbers meet together innocently, as at a wake
or fair, and a quarrel ensue, they are not
rioters, but affrayers.
514. s. 3.

Otherwise if they had formed parties under the
pledge of mutual assistance.

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
averment of usury.
621. s. 63
Nul tiel record a good plea to maintenance. 462
In what cases the record of justices for a riot
may be traversed.

521

A record of forcible entry may be traversed. 497

RIDING ARMED.

By 2 Edw. 3. none, except the king's attendants,
or officers and their assistants executing his
precepts, or upon a cry of arms, shall appear
armed before any justices; nor ride armed in
fairs or markets, on pain of forfeiting their
armour and imprisonment.
488. s 4.
And all justices, magistrates, and peace officers
are to execute this act, upon pain of punish-
ment by the judges of assize.
ib.
Proceedings may be either er officio or by writ
out of chancery; but a record of them should
be made and returned, if done er officio, into
the exchequer; if by writ, into chancery. ib. s. 5
The under-sheriff may execute the writ officially,
except it be specially directed. 489. s. 7
None shall wear armour publicly upon pretence
of protecting his person; but a man may as-
semble his neighbours to protect his house,
without incurring the penalties of the statute.
ib. s. 8

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.

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 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

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
river, however beneficial to the repair of ship-
ping, is a nuisance.
ib.

ROBBERY.

212

213

Robbery is a felonious and violent taking away
from the person of another, goods or money
to any value, putting him in fear.
Property obtained in consequence of an oath ex-
torted by fear is a sufficient taking to satisfy
the word cepit.
Robbery once completed cannot be purged by a
re-delivery of the property taken :-the reason
of this rule of law.
ib. s. 2
By 4 Geo. 4. c. 54. an assault with intent to rob
is made felony.

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
than a public or free grammar school, except
in the universities, or in some protestant fa-
mily, on pain of 40s. &c.
ib.
By 11 & 12 Will. 3. c. 4. perpetual imprison-
ment is inflicted on popish schoolmasters not
conforming to the 18 Geo. 3. c. 60.
Homicide by a schoolmaster, in correcting his
scholar, will be murder or manslaughter, ac-
cording to the propriety or impropriety of the
mode of correction.

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.