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ID Title Author Corrected Date of Publication (TCP Date of Publication) STC Words Pages
A51706 Concerning penal laws a discourse, or charge at sessions in the burrough of Bridgewater, 12 July, 1680 / by Sir John Mallet, Kt. ... Mallet, John, Sir, 1622 or 3-1686. 1680 (1680) Wing M338; ESTC R4353 14,666 22

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the greater Felonies are not capable of it I should before I named Felonies have told you of Petty Treason which hath somewhat a higher Name put to it than other Murthers It is when a Servant kills his Master a Wife her Husband or a Clergy-man his Bishop Other Murthers are Felonies As where any by Malice forethought express'd or implyed doth kill any Man Woman or Child this is wilfull Murther and is not capable of ordinary Mercy So is the killing any one by Poyson or Stabbing The killing by sudden Fray and Assault is call'd Homicide or Manslaughter and in some cases it may be capable of Ordinary Mercy If one in doing a lawfull Act happen to kill another it is call'd Chance-Medley or Misadventure And if in his own Defence any man happen to kill another it is by the Law enquirable by Indictment though there be Mercy allow'd of course Rape if a man by force have the Carnal Knowledge of a Woman against her will is a very foul Felony So are the foul Acts of the highest degree of Beastliness Buggery and Sodomy By a late Statute 23 Car. 2. If any person maliciously cut out the Tongue put out the Eyes cut off the Nose or disable or maim any Limb or Member of any of his Majesties Subjects it is Felony without Benefit of Clergy These before mention'd are Felonies against the Person I will Name to you some Felonies that are against your Possessions and Goods Breaking any mans dwelling House in the Night-time with intent to Steal or do any Felonious act there is a very great Felony for which the benefit of Clergy is not allow'd So is the Robbing of a Church And Robbery of any thing from any mans Person in the High-way The Stealing of Cattel or Goods from any mans possession is also Felony but in some cases the benefit of Clergy is allow'd The Stealing of Goods though it be the Goods of a person unknown is Felony by the Law So is the malicious Burning of any mans dwelling House or Stacks of Corn or Hay The Cutting and Stealing Cloth from a Rack is Felony whereof the benefit of Clergy is taken away by a late Statute I have been the shorter in naming these Offences to you because if there be any Offences of Treason or Felony they are commonly so Notorious that they will not escape your presentment though we cannot punish them here but transmit the Examinations of them and the Offenders if any be to other Courts to be proceeded against and punisht There are certain other Offences against Gods Divine Laws which our Laws take notice of to punish with pain and shame though the punishment of that which I shall next tell you of by our Laws is less than the greatness of such wickedness doth deserve These are Perjury and Subornation of Perjury sins and Offences of so deep a dye of guilt that though our Laws have not appointed Capital punishment for them no doubt but God will severely punish them For he that hath said He will not hold him Guiltless that taketh his Name in Vain will much more dreadfully punish that man who breaks both the Tables of his Commandments by a false Oath or by procuring another to Swear falsely Such Perjury oftentimes being the occasion of Murther by false Accusations that may take away the Life or of Oppression and Robbery by taking away the Liberty Estate or Goods by causing heavy Fines and Punishments to be laid on their Neighbours And by such false Oaths and Informations Courts of Justice are abused when it is not possible for any Judges to discern them And hereby unavoidably if Perjury pass for Truth the Law which should be for the protection is turn'd into the destruction of the Subject I hope within this Town there are none such if in any other part of this County or elsewhere anything of this kind be suspected we have nothing here to do with any thing done beyond the limits of your Town But the other Offences of customary Swearing and Cursing are frequent in every place if you find any in your Town who offend therein you may do well to present them that they may be punisht according to the Law which though it inflict but a gentle punishment by paying a little Money for so great Offence that and the Admonition of Friends may reform them and help the poor to whom the penalty by the Law is to be given Our Laws do also punish other Offences against the Divine Laws The Breaking of the Sabbath by Travelling or using Trades or Selling Marketable Wares and labouring on the Sundays For though it be not only Lawful but Commendable and Commanded to follow our Callings six days of the Week yet it is unlawfull except Works of Piety or extraordinary Necessity or Charity to work labour or do our lawful businesses on the Seventh day the Lords day Sabbath or Sunday call it by what Name you please so as you kep it holy And if on that day we may not follow our ordinary lawful Callings and Works it is much more unlawful on that day to do what is unlawful to be done at any time by spending that day or a great part of it in Taverns or Ale-houses and with the worst sort of Company when we should be at Church and Divine Service the Omitting to be where we ought to be and being where we ought not to be especially at that time ought to be punisht by the Laws in that case Those who go to Church ought also to behave themselves reverently there If any disturb the Minister in time of Divine Service or Sermon it is a great Offence punishable by the Laws So is the depraving or speaking against the holy Sacrament It would require too long time for me to enumerate all Offences which concern Religion and Divine Worship Some of them are of Ecclesiastical Congnisance some punishable at the Assizes and many of them punishable by Justices of Peace at home who all know the Laws and Statutes in those cases therefore especially of what Justices of the Peace may punish at home without the help of Sessions or Jury I forbear to say any thing here more than what I have already said That which I come next to tell you of is certainly within the Jurisdiction of this Court to enquire and Punish That is to say The Stealing of Goods not exceeding the value of Twelve Pence this by the Law is call'd Pettit Larceny and to be punisht by whipping which Punishment of young Offenders may do good in preventing their greater Thefts and save them from the Gallows There are also many other Offences of publick concernment and some of them of moment to be enquir'd and punisht here If any number of Persons have combin'd together to make Quarrels and break the Peace If any three or more go forward in a Turbulent way to do an unlawful Act it is call'd a Rout. If they go on by force and do an unlawful Act