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ACCOUNTANT GENERAL.

To forge the name of the accountant
general in chancery, is felony with-2
out clergy
Page 210 f. 15

ACQUITTANCE

Rich. 2. c. 5. for purfuing queftions touching the king in the court of Rome Pa e 80 f. 18

But the jurifdiction must appear on

the face of the libel

f. 19

3 All felonies, &c. within the admiral's jurifdiction fhall be tried in the county by the king's commiffion

152

1 To forge any acquittance is felony 4 So they may be tried either at fea or without clergy

210 f. 16

ACCROACHING

upon land in any of the king's dominions by commiffion directed to the admirals, &c. under the feal of the admiralty 155

1 Of royal power formerly, deemed 5 What offenders may be tried by the high treafon

158

ACCIDENT.

49

6

admiralty The court of admiralty fhall be held twice a year, at the Old Bailey, and in fuch other places as the lord high admiral fhall direct

159

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How the judges of the court of admiralty may proceed ibid. 1. 24

ADVERTISING.

1. Publicly advertising a reward with. with no questions afked for the return of things ftolen or left, incurs a penalty of 50%. 237. f. 2

ADVICE.

It is not maintenance to give another friendly advice what action to bring for the recovery of a debt 537 f. 9 2. To advise a woman to destroy the child in her womb is murder if he does it purfuant to fuch 'advife. 121

f. 17

3. To advise a prifoner to ftand mute is a contempt of court,

90 4. A privy council to refufe advice is contempt of prerogative

2

3

AD VOWS ON.

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By 12 Ann. c. 4. Papifts difabled to grant any advowfon 441. 6

By 11 Geo. 2. c. 17. Every grant or devife of any advowfon, c. by a Papist shall be void, uniefs for the benefit of a proteftant purchaser 45 f. 71 If fuch advowfon fhall come into the king's hands the king hall prefent. 46

Pp2

ADULTERY

ADULTERY.

1 How it may excufe homicide from the guilt of murder Page 108 (N) 1

AFFRAY S.

17 Any one may part people fighting, or going to fight till the heat be over, and then deliver them to the conftable, to be taken before a magiftrate to find fureties Page 68 f. 11 18 If any dangerous wound eníue from fuch affray a bye-ftander is juftified even in wounding the offender in order to fecure him until the event of the wound be known f. 12 ibid. f. 119 A conflable is bound at his peril to apprehend fuch offenders; and perfons refufing him their affiftance may be fined and imprisoned

1 What amounts to an affray 265 c. 63 2 It is a public offence to the terror of the people

3 Therefore an affault in a private place is not an affray. ibid. 4 Affrays are enquirable of at the leet as common nufances ibid. 5 No quarrelfome or threatening words. will amount to an affray ibid. f. 2 6 But a conftable may carry a threatener, before a magiftrate, to find fureties 266 7 To fend or to carry a challenge, or to difperfe letters infinuating a defire to fight is a very high offence ibid. f. 3 8 And to challenge or to provoke another to fight on account of money won at play, incurs forfeiture of goods and imprisonment for two

terror

ibid. years 9 There may be an affray without actual violence, as going armed in fuch a manner as may naturally infpire ibid. 1. 4 10 How fuch offence is prohibited by ftatute, (Vide Riding armea") ibid. 11 Magiftrates may proceed againft and commit offenders, either ex officio or by force or writ; in the firit cafe the record muit be certified into the exchequer; in the laft cafe into chan267 1. 56 12 The under-theriff may execute the writ directed by 2 Edw. 3. if it is directed to the theriff 6.7 13 None thall wear armour under pretence of fear, but a man may affemble his neighbours for the protection ibid. f. 8 or coats ibid. §. 9

cerv

of his houfc 14 Nor are private weapons, of mail, within the statute 15 Nor those who arm themfelves to

f. 13

20 A conftable may imprison perfons actually in his view engaged in an affray; even if the affray be made upon himself untill he can take him to a magiftrate; but if only hot words are ufed he can only command them to avoid fighting on pain of imprisonment

289 21 And if the affray be in a house, or affrayers fly to a house, the conitable may break open doors ibid. 1. 16 22 But he is only to preferve the peace, and not to punish the breach of it, &'c. £. 17 23 A juftice may iffue his warrant to apprehend an affrayer, &. f. 18 24 Where a dangerous wound is given a justice may either commit or bail the offender 270 f. 19 25 Affrays are, in general, punishable by fine and imprisonment in proportion to the heinouinefs of the offence f. 20 26 As in fighting a duel, or carrying a challenge (for which one was fined 1007.) or by attempting a rescue; or obtru&ing officers in the difcharge of their duty; or by committing the offence in any confecrated place f. 21,

22, 23

27 By 5 and 6 Edw. 6. c. 4. to quar rel, chide, or brawl in any church or church yard, incurs fufpenfion ab ingreffu ecclefia in a layman, and from miniftration of office in a clerk; for fo long as the ordinary fhall think fit f. 24

fupprefs dangerous rioters. 268f 10 28 To tinite or lay violent hands upon 16 How far an affray may be fuppreffed another in a church or church yard

by a private perfon

ibid. f. 11

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ipfo facto excommunicate the offend- | AGE.-Vide Infancy, &c. No. 2 to 6.

er

Page 271 f. 25

29 To ftrike another with a weapon in

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a church or church yard, or to draw with that intent, incurs excommunication as aforefaid, and the offender on conviction by a jury, or confef. fion on the evidence of two witnesses fhall have one of his ears cut off 2

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AGNUS DEI.

By 13 Eliz. c. 2. whoever shall bring any into the realm to be worn, thall be guilty of premunire Page 81 f. 24 And if a juftice, on information, does not discover the offence to a pri vy councillor in fifteen days he shall be equally guilty 1.25

ALLO Y.

What portion fhall be mixed with gold and filver coin 70 c. 18 (N)I Vide Coin. Eullion. Treafon.

AIDING and ASSISTING.

1

ibid.

Thofe found in a fpecial verdict to have been aiding and affifting are guilty as principals 55 f. 26, 116, f. 9 Not within the ftatute, ftabbing, I Jac, I. c. 8 1161.7

3

35 Cathedrals and their cymetries are within the act 36 By 1 Mary, c. 3. to disturb any licenfed preacher, to break any part of the church is imprifonment for three months, &c. 273 37 How fuch offender fhall be tried ibid.

38 To disturb a reader of the common prayer is within the act ibid. f. 31 39 By W. and M. c. 18. to diflurb any tolerated preacher incurs a penalty of 50 l. on conviction before any justice on the oath of two witnesses

1.32 40 To make an affray in any of the king's inferior courts of juftice is highly finable 89 f. 10

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In rape, all aiders prefent are principals 170 f. 6

ALLEGIANCE.

By 13 Car. 2. C. 1. corporators must take the oath of allegiance, &c. at the fame time when the oath of office is adminiftered

15

By 1 Geo. 1. all officers civil or military fhall take the oath of allegiance &c. 16 3 By 25 Car. 2. c. 2. all officers who hold places of truft, &c. fhall take the oath, &c. 1. 2 4 Allegiance is fo infeparable from a natural-born fubject that he cannot by any means renounce it 51 f. 7 5 By 11 Hen. 7. c. 1. it is declared that all fubjects are bound by their allegiance to ferve the king in his wars and that none fhall for the true duty of his allegiance be convict of any 52 f. 14

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1 How murder was anciently amerced 114, f. 22. 117, 5, 2

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AMBASSADORS.

1 By 1 Will. 3. c. 14. no brewer or retailer fhall ufe any molaffes, coarse fugar, c. on pain of forfeiture and penalty of 100%. 312 f. 77 2 By 10 and 11 Will. 3. c. 21. if they fhall receive above the weight of ten pounds of fuch articles into their cuftody they fhall forfeit 100l. and the fervant or affiftant therein 20/. f. 78 3 By 9 Ann. c. 12. They fhall not ufe ANIMALS.-Vide Larceny. No any broom, wormwood, &c. on pain of 20 1.

1. 79

4 By 12 Ann c. 2. no fugar, honey, foreign grains, Guinea pepper,

ef

How they are to be dealt with in cafes of treason and other capital offences

county

to 58.

ANGLESE A.

51

220, 221

ANNUITIES.

fentia bine, coculus Indicus, &c. 1 Salop is confidered as the next English fhall be fed on pain of 201. 513 f. Sol 5 By 8 Eliz. c. 9. magiftrates fhall fix the price of ale and beer vefiels f. 81 6 Within the bills of mortality beer barrels fhall contain 36 gallons and all barrels 32 gallons, and in other places 34 gallons

f. 82

7 Ale and beer shall be retailed by a ftandard measure

1.83

8 No ale or beer exported fhall be unladen

ALIEN.

1.84

Living in England owes a local allegiance 501.5

2 How to be indicted for treafon ibid.

2

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40. a month

2 But if the heir be alfo a recufant the years as an apprentice, upon pain of eftate is liable to the forfeitures of Page 564, c. 90 the ancestor unless he conform Page 2 Conftructions upon the above ftatute

301.56

565 (N) ibid. ARCHBISHOP.-Vide Henry. Bishop.

3 Lands in the fee tail claimed from ancestor are not liable

4 By 33 Hen. 8. c. 39. the heir is chargeable with the debts of his anceftor, &c.

APPLE S.

ibid.

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ARMED and DISGUISED.

1 Whoever, being armed and difguifed,
fhall fteal fish out of a river or pond,
or refcue an offender fhall fuffer with-
out clergy
222 1.4
Or fhall appear in any inclofed place
where deer are keptor in any high
road, &c. or fhall deftroy any fallow
deer, or rob any warren 187 1.2
3 Or fhall affemble to the number of
three, for the purpofe of fmuggling
227 f. I
In what manner the offenders must be
228 (N)1

1 If any gaoler fhall approve his prifoner he fhall be guilty of felony 1944

APPEALS.-Vide Highways.

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armed

ARRES T.

An innocent perfon indicted not fub-
mitting to an arrest by warrant, if
unavoidably killed, the officer is juf
tified
106 f. 12

refifted

Homicide during an affray in confe fequence of an arrest in a civil action may be juftified if the officer is 107 £ 17 How far one perfon may interpofe to refcue another from an arrest, without incurring the guilt of murder if death enfue 129 f. 54 4 What homicide, in endeavouring to efcape from an arrett fhall be deemed murder

1.55

ARMS and ARMOUR.-Vide Affrays.

By 2 Edw. 3. whoever shall ride armed, fhall forfeit their armour and be imprisoned 266 f. 4 2 The power of juftices upon this act 2671.5 By 3 Jac. 1. c. 5. No popifh recufant convict fhall keep arms, &c. 36 f. 17 By 31 Fliz. c. 4. whoever shall embezzle the king's armour to the PP4

Py 5 Eliz. c. 4. no perfon fhall exer-4 cife a trade nor employ any perfon therein unless he has ferved leven

3

amount

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