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himself of ten pounds, besides an incapacity to hold any ecclefiaftical preferment for seven years afterwards. Corrupt elections and resignations in colleges, hospitals, and other eleemofynary corporations, are also punished by the same ftatute with forfeiture of the double value, vacating the place or office, and a devolution of the right of election for that turn to the crown.
IX. PROFANATION of the lord's day, vulgarly (but improperly) called sabbath-breaking, is a ninth offence against God and religion, punished by the municipal law of England. For, besides the notorious indecency and scandal, of permitting any secular business to be publicly transacted on that day, in a country professing christianity, and the corruption of morals which usually follows it's profanation, the keeping one day in seven holy, as a time of relaxation and refreshment as well as for public worship, is of admirable service to a state, considered merely as a civil institution. It humanizes by the help of conversation and society the manners of the lower claffes; which would otherwise degenerate into a sordid ferocity and savage selfishness of spirit: it enables the industrious workman to pursue his occupation in the ensuing week with health and chearfulness: it imprints on the minds of the people that sense of their duty to God, fo necessary to make them good citizens; but which yet would be worn out and defaced by an unremitted continuance of labour, without any stated times of recalling them to the worship of their maker. And therefore the laws of king Athelstan forbad all merchandizing on the lord's day, under very severe penalties. And by the statute 27 Hen. VI. c. 5. no fair or market shall be held on the principal festivals, good friday, or any sunday, (except the four sundays in harveft) on pain of forfeiting the goods exposed to fale. And, since by the statute i Car. I. c. 1. no person shall afsemble, out of their own parishes, for any sport whatsoever upon this day ; nor, in their parishes, shall use any bull or bear baiting, interludes, plays, or other unlawful exercises, or pastimes; on pain that every offender shall pay 3s 4d to the poor. This statute does not prohibit, but rather impliedly allows, any innocent recreation or amusement, within their
$ 6. 24.
respective parishes, even on the lord's day, after divine service is over. But by statute 29 Car. II. c. 7. no person is allowed to work on the lord's day, or use any boat or barge, or expose any goods to sale ; except meat in public houses, milk at certain hours, and works of necessity or charity, on forfeiture of 55. Nor shall any drover, carrier, or the like, travel upon
that day, under pain of twenty shillings (b). 1 X. DRUNKENNESS is also punished by statute 4. Jac. I.
c. 5. with the forfeitnre of 5s; or the sitting fix hours in the stocks : by which time the statute presumes the offender will have regained his senses, and not be liable to do mischief to his neighbours. And there are many wholesome statutes, by way of prevention, chiefly passed in the same reign of king James I, which regulate the licencing of ale-houses, and punish persons found tippling therein; or the masters of such houses permitting them.
XI. The last offence which I shall mention, more im mediately against religion and morality, and cognizable by the temporal courts, is that of open and notorious lewdness : either by frequenting houses of ill fame, which is an indict
(b) (By statute 21 Geo. 3. C.49. it is enacted, that any house, room, or other place, which shall be opened or used for public entertainment or amusement, or for publicly debating on any subject whatsoever, within the cities of London or Westminster, or in the neighbourhood thereof, upon any part of the lord's day called sunday, and to which person's Thall be admitted by the payment of money, or by tickets fold for inoney, shall be deemed a disorderly house or place; and the keeper of such house, room, or place, shall forfeit the fum of 2001. for every day that such honse, room, or place thall be opened or used as aforesaid on the lord's day, to such person as will sue for the same; and be otherwise punishable as the law directs in cases of disorderly houles: and the person managing or conducting such entertainment or amufeinent on the lord's day, or acting as malter of the ceremonies there, or as modera. tor, president, or chairman of any such meeting for public debate on the lord's day, mall likewise for every such offence forfeit the sum of 1001. to such person as will sue for the same; and every door.keeper, servant, or other person who shall collect or receive money or tickets from perTons assembling at such house, room, or place on the lord's day, or who Mall deliver out tickets for admitting persons to such house, room, or place on the lord's day, Mall also forteit the fuin of 501. to such person as will sue for the same: and that any person advertising or causing to be advertised any public entertainment or amusement, or any public meeting for debating on any subject whatsoever, on the lord's day, to which persons are to be admitted by the payment of money, or by tickets fold for money; and any person printing or publishing any Inch adverrifernent, shall respectively forfeit the sum of 501, for every such offence, to any person who will fue for the faine.]
able offence; or by some grossly scandalous and public indecency, for which the punishment is by fine and imprisonment". In the year 1650, when the ruling powers found it for their interest to put on the semblance of a very extraordinary strictness and purity of morals, not only incest and wilful adultery were made capital crimes; but also the repeated act of keeping a brothel, or committing fornication, were (upon a second conviction) made felony without benefit of clergy w.' But at the restoration, when men, from an abhorrence of the hypocrisy of the late times, fell into a contrary extreme of licentiousness, it was not thought proper to renew a law of such unfashionable rigour. And these offences have been ever since left to the feeble coercion of the spiritual court, according to the rules of the canon law; a law which has treated the offence of incontinence,' nay even adultery itself, with a great degree of tenderness and lenity; owing perhaps to the constrained celibacy of it's first compilers. The temporal courts therefore take no cognizance of the crime of adultery, otherwise than as a private injury *.
But, before we quit this subject, we must take notice of the temporal punishment for having bastard children, confidered in a criminal light; for with regard to the maintenance of such illegitimate offspring, which is a civil concern, we have formerly spoken at largey. By the statute 18 Eliz. C. 3. two justices may take order for the punishment of the mother and reputed father ; but what that punishment shall be is not therein ascertained; though the contemporary exposition was, that a corporal punishment was intended. By statute 7 Jac. I. c. 4. a specific punishment (viz. commitment to the house of correction) is inflicted on the woman only. But in both cases, it seems that the penalty can only be inflicted, if the bastard becomes chargeable to the parish; for otherwise the very maintenance of the child is considered as a degree of punishment. By the last mentioned statute the justices may commit the mother to the house of correction, there to be punished and set on work for one year; and, in case of a second offence, till she find fureties never to offend again. t Poph. 208.
x See Vol. III. pag. 139. #1 Siderf. 163:
y See Vol. 1. pag. 458. w Scobell. 121.
2 Dalt. jur. ch. II, Vol. IV.
CHAPTER THE FIFTH.
OF OFFENCES AGAINST THE LAW
ACCORDING to the method marked out in the
preceding chapter, we are next to consider the offences more immediately repugnant to that universal law of society, which regulates the mutual intercourse between one state and another; those, I mean, which are particularly animadverted on, as such, by the English law.
The law of nations is a system of rules, deducible by natural reason, and established by universal consent among the civilized inhabitants of the world a ; in order to decide all disputes, to regulate all ceremonies and civilities, and to infure the observance of justice and good faith, in that intercourse which must frequently occur between two or more independent states, and the individuals belonging to each 6. This general law is founded upon this principle, that different nations ought in time of peace to do oneanother all the good they can; and, in time of war, as little harm as possible, without prejudice to their own real interests. And, as. none of these states will allow a superiority in the other, therefore neither can dictate or prescribe the rules of this law to the reft; but such rules must necessarily result from those
principles of natural justtce, in which all the learned of every nation agree; or they depend upon mutual compacts or treaties between the respective communities; in the construction of which there is also no judge to resort to, but the law of nature and reason, being the only one in which all the contracting parties are equally converfant, and to which they are equally subject. .
In arbitrary states this law, wherever it contradicts or is not provided for by the municipal law of the country, is enforced by the royal power : but since in England no royal power can introduce a new law, or suspend the execution of the old, therefore the law of nations (wherever any question arises which is properly the object of it's jurisdiction) is here adopted in it's full extent by the common law, and is held to be a part of the law of the land. And those acts of parliament, which have from time to time been made to enforce this universal law, or to facilitate the execution of it's decifions, are not to be considered as introductive of any new rule, but merely as declaratory of the old fundamental constitutions of the kingdom; without which it must cease to be a part of the civilized world. Thus in mercantile questions, such as bills of exchange and the like; in all marine causes, relating to freight, average, demurrage, insurances, bottomry, and others of a similar nature; the law-merchant", which is a branch of the law of nations, is regularly and constantly adhered to. So too in all disputes relating to prizes, to shipwrecks, to hostages, and ransom bills, there is no other rule of decision but this great universal law, collected from history and usage, and fuch writers of all nations and languages as are generally approved and allowed of.
. But, though in civil transactions and questions of property between the subjects of different states, the law of nations has much scope and extent, as adopted by the law of England; yet the present branch of our inquiries will fall