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Felonies by the Common Law.
thereof before the Justice of Peace, it shall not be amiss to respit
the Judgment;
and so hath it often been done by the Judges. See Stamf. 27.
& 3 H.
7. fol. 1. b. 22. b. & 35 H. 6. 11.
Br. Covers 80. |
Chap. 158. |
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At Cambridge Assizes in Lent 1619,
before Sir Henry Montague and Sir
John Dodderidge, Judges of Assize there, they sitting together upon
the
Prisoners, an Infant about 14 years of age was arraigned before them of
Larceny,
and was found guilty and upon demand of his Clergy had the same
allowed him, and was burnt in the Hand. |
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The like was done thereof at Lent Assizes 1624 before
Sir Randall Crew,
Lord Chief Justice. See Doct. & Stud. fol. 148. |
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A Bailiff, &c. distaineth secretly for Rent,
and after selleth the Distress,
and when the Owner demandeth his Goods which were so distrained, the
Bailiff denieth them; this is felony, Lect. M. Cook. |
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If an Escheator or other Officer cometh to a Man
and telleth him that he
is Outlawed, when he knoweth he is not Outlawed, and by colour thereof
he taketh his Goods; this is felony. But if the party be indeed Outlawed,
and the Officer cometh to take his Goods, and the other party
sheweth him a Supersedeas, and notwithstanding the Officer taketh
away
his Goods, this is no felony. Ibid. |
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If an Officer shall levy and Duty for the King without
Warrant, this is
felony, Lecture M. Cook, Vide my Office of Sheriffs, cap. 126. |
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So where any Officer shall levy any Duty without
sufficient Warrant or
Authority, and shall after convert the same to his own proper use, it seems
to be felony. |
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' Of Thefts and Rapines committed upon the Borders
of the Counties
' of Northumberland and Cumberland, and Power of the Justices
of the said
' Counties to secure the same against the Spoils and Rapines of Moss-Troopers,
' see the said Act at large: the same being to continue in force
five
' years, and no longer.
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14 Car.
cap. 32. |
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§. 1.
Burning of
Houses. |
Other Felonies by the Common Law. CHAP.
CLVIII. V. 105.
BUrning of a Barn (which is adjoyning to a Dwelling-house)
in the
night feloniously, is felony by the Common Law. |
11 H. 7.1.
Co. 4. 20.
Lamb. 26. |
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So is it to burn a Barn (in the day time) having
Corn in it, and though
it adjoyned not to the Dwelling-house, Co. 4. 20. |
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Burning of any Dwelling-house, or other House parcel
thereof willingly
and feloniously done, is felony by the Common Law, whether it be done
by night or by day. Br. Cor. 135, 155, 226. |
3 H. 7. 1.
a.
Co. 11. 19.
Stamf. 36. |
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Burning of any other House, or a Stack of Corn,
feloniously, seemeth
also to be felony by the Common Law: for the words of the Statute
of
Westm. 1. cap. 15 (which Statute seemeth to be but a rehersal
of the COmmon
Law, Br. Mainpr. 78) ordaineth, That such as be taken for Houseburning
(generally) feloniously done, be not bailed: and of that Opinion
seemeth Mast. Britton, who wrote presently after the making of the
same
Statute; Britton fol. 16. See Statute Winchest. 13
E. 1. cap. 17. that such Offenders
were by the Common Law to have been burned, Fitz. 269. b. |
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The Book called the Mirror of Justice, amongst
other Capital Offences
hath this, Le crime de Arson: And he describeth the Offenders
in this sort,
Ardours sont qui ardent Citie, Ville, Meason, Home, Beast, ou auters
Chattels do
lour Felony in temps de Peace, pur pain ou vengeance. |
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