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A37465 The charge of the Right Honourable Henry Earl of Warrington to the Grand Jury at the Quarter Sessions held for the county of Chester on the 11th of October, 1692 Warrington, Henry Booth, Earl of, 1652-1694.; Cheshire (England). Grand Jury. 1693 (1693) Wing D874; ESTC R27633 13,513 36

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Enemies to the Nation it is very fit the Government should treat them as such The next Offence is Petty-Treason as for a Wife to kill her Husband a Priest his Ordinary a Servant his Master these are made so Capital because of the Obedience and Subjection which they ought to pay by reason of the Power and Authority which the Law gives the other over them The next Offence is Felony and it is either against the Person or the Goods or Possession Against the Person of another To kill another with Malice prepensed either expressed or implyed is Murther Designedly to cut out the Tongue maim or disfigure another is Felony without benefit of Clergy To Stab or Pistol another without a Weapon be drawn or a Blow given by the Party that is slain is also Felony without benefit of Clergy And so is Buggery with Man or Beast a Sin that could never have entered into the thoughts of Man till they were fallen to the lowest degree of Depravity So it is to Ravish a Woman that is to have the Carnal Knowledge of her Body against her Consent and so it is to lye with a Child under Ten years old tho with her Consent So is Witchcraft but it is an Offence very hard to prove So is Poysoning the most Secret and Treacherous way of Murthering of all others an Offence so abhorred by the Law that by Statute 22 Hen. 8. c. 9. it was made Treason and the Judgment was to be boiled to Death but it is since altered and made Felony by 1º Edward 6th c. 12. It is surely an Offence that deserves a severe Punishment because there is no Fence against it In all other Cases a Man has some means of defending himself but in this none All these Felonies are Death without benefit of Clergy Manslaughter is when two fall out and Fight immediately or so soon after as it may be supposed that that heat continued and one of them is Slain Here there is benefit of the Clergy because there does not appear to be any premeditated Malice To kill another by Accident doing a lawful Act is Chance-medly and if a Man is assaulted by another and in his own Defence he happens to kill him these the Law pardons of course Felonies against the Goods or Possession of another are such as these viz. To Rob on the High-way for the Law will protect the Goods and Persons of those who are upon their lawful Occasions and it is very reasonable that those who Travel on the Road should have some such Guard or else the Trade and Business of the Nation would be very much obstructed and suffer great damage To take away any thing privately from the Person of another if the Punishment of this were not great it would become a great Trade for it is so easily done and so hard to be prevented that a Mans Money would be safer any where than in his Pocket To steal a Horse Designedly to burn a Stack of Hay or Corn if it be done by Accident it is but a Trespass but being done by Design it carries so much Malice and Wickedness along with it that it justly deserves to be punished with Death To Rob a Church To break into a House and take any thing thence by Night or by Day for this carries a double Offence along with it for the Goods of another are not only Feloniously taken from him but he is also put in fear of his Life where he ought to be most secure and undisturb'd which the Law accounts a great Offence To rob any Booth in a Fair or Market This became so common a Trade that all other Remedies to prevent it proved ineffectual and therefore it was made Felony without benefit of Clergy as are the rest that I have mentioned The Accessories to all these and other Felonies do fall within your Enquiry for generally where benefit of Clergy is taken away from the Principal the Accessories before the Fact are likewise to suffer Death and good reason is it that he who is partaker in the Crime and without whose concurrence and assistance it could not have been effected should fall into the like Condemnation Petty-Larceny is the stealing of a thing that is under the value of 12 d. though it is a small Offence yet the frequency wherewith it is committed requires your care to suppress it for the truth is there is a parcel of idle wandring People whose whole business is to go from place to place to strip Hedges and commit such like Offences There are several other Offences that are inquirable of by you but I omit to mention them because I believe your own Observation will help you therein Only thus much I will observe in general that whatever is an Offence against the Publick Peace or Plenty falls within your Enquiry And having said this I will keep you no longer from your Business FINIS Books Printed for Richard Baldwin STate-Tracts In Two Parts The First Part being a Collection of several Treatises relating to the Government Privately printed in the Reign of King Charles II. The Second Part consisting of a farther Collection of several Choice Treatises relating to the Government from the Year 1660. to 1689. Now published in a Body to shew the Necessity and clear the Legality of the late Revolution and our Happy Settlement under the Auspicious Reign of Their Majesties King William and Queen Mary A Brief Disquisition of the Law of Nature according to the Principles and Method laid down in the Reverend Dr. Cumberland's now Lord Bishop of Peterborough's Latin Treatise on that Subject As also his Confutation of Mr. Hobb's Principles put into another Method With the Right Reverend Author's Approbation The Life of Lewis of Bourbon late Prince of Conde Digested into Annals with many curious Remarks on the Transactions of Europe for these last 60 Years Done out of French The Tragedies of the Last Age consider'd and examin'd by the Practice of the Ancients and by the common Sense of all Ages in a Letter to Fleetwood Shephard Esq The Second Edition A short View of Tragedy its Original Excellency and Corruption With some Reflections on Shakespear and other Practitioners for the Stage Both by Mr. Rymer Servant to Their Majesties Travels into divers parts of Ew ope and Asia undertaken by the French King's Order to discover a new Way by Land into China containing many curious Remarks in Natural Philosophy Geograghy Hydrography and HIstory Together with a Description of Great Tartary and of the different People who inhabit there Done out of French To which is added A Supplement extracted from Hakluyt and Purchas giving an Account of several Journeys over Land from Russia Persia and the Moguls Country to China together with the Roads and distances of the Places Liturgia Tigurina Or The Book of Common Prayer and Administration of the Sacraments and other Ecclesiastical Rites and Ceremonies usually practised and solemnly performed in all the Churches and Chappels of