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ment not exceeding six months; and incorrigible rogues with the like discipline and confinement, not exceeding two years: the breach and escape from which confinement in one of an inferior class, ranks him among incorrigible rogues; and in a rogue (before incorrigible) makes him a felon, and liable to be transported for seven years. Persons harbouring vagrants are liable to a fine of forty shillings, and to pay all expenses brought upon the parish thereby.

7. Under the head of public economy may also be properly ranked all sumptuary laws against luxury, and extravagant expenses in dress, diet, and the like. Formerly there were a multitude of penal laws existing, to restrain excess in apparel; chiefly made in the reigns of Edward the Third, Edward the Fourth, and Henry the Eighth, against piked shoes, short doublets, and long coats; all of which were repealed by statute 1 Jac. I. c. 25. But, as to excess in diet, there still remains one ancient statute unrepealed, 10 Edw. III. st. 3. which ordains that no man shall be served, at dinner or supper, with more than two courses; except upon some great holidays there specified, in which he may be served with three.

8. Next to that of luxury, naturally follows the offence of gaming. To restrain this pernicious vice, among the inferior sort of people, the statute 33 Hen. VIII. c. 9. was made, which prohibits to all but gentlemen the game of tennis, tables, cards, dice, bowls, and other unlawful diversions there specified, unless in the time of Christmas,

under pecuniary pains and imprisonment. And the same law, and also the statute 30 Geo. II. c. 24. inflict pecuniary penalties, as well upon the master of any public-house wherein servants are permitted to game, as upon the servants themselves who are found to be gaming there. But this is not the principal ground of modern complaint: it is the gaming in high life that demands the attention of the magistrate. Yet it is proper that laws should be, and be known publicly, that gentlemen may consider what penalties they wilfully incur, and what a confidence they repose in sharpers, who, if successful in play, are certain to be paid with honour, or, if unsuccessful, have it in their power to be still greater gainers by informing. By statute 16 Car. II. c. 7. if any person by playing or betting shall lose more than L. 100. at one time, he shall not be compellable to pay the same; and the winner shall forfeit treble the value, one moiety to the king, the other to the informer. All bonds and other securities given for money won at play, or money lent at the time to play withal, shall be utterly void; that all mortgages and encumbrances of lands, made upon the same consideration, shall be and enure to the use of the heir of the mortgagor: that, if any person at any time or sitting loses L. 10. at play, he may sue the winner, and recover it back by action of debt at law; and, in case the loser does not, any other person may sue the winner for treble the sum so lost; and the plaintiff may by bill in equity examine the defendant himself upon oath: and that in any of these

suits no privilege of parliament shall be allowed. If any person by cheating at play shall win any money or valuable thing, or shall at any one time or sitting win more than L. 10. he may be indicted thereupon, and shall forfeit five times the value to any person who will sue for it; and (in case of cheating) shall be deemed infamous, and suffer such corporal punishment as in the case of wilful perjury. Public lotteries, unless by authority of parliament, and all manner of ingenious devices under the denomination of sales or otherwise, which in the end are equivalent to lotteries, were before prohibited by a great variety of statutes, under heavy pecuniary penalties. But particular descriptions will ever be lame and deficient, unless all games of mere chance are at once prohibited; the inventions of sharpers being swifter than the punishment of the law, which only hunts them from one device to another. The statute 13 Geo. II. c. 19. to prevent the multiplicity of horse races, another fund of gambling, directs that no plates or matches under L.50. value shall be run, upon penalty of L.200. to be paid by the owner of each horse running, and L. 100. by such as advertise the plate.

9. Lastly, there is another offence, constituted by a variety of acts of parliament. That of destroying such beasts and fowls as are ranked under the denomination of game. It is in general sufficient to observe, that the qualifications for killing game, as they are usually called, or

more properly the exemptions from the penalties inflicted by the statute law, are, 1. The having a freehold estate of L. 100. per annum; there being fifty times the property required to enable a man to kill a partridge, as to vote for a knight of the shire. 2. A leasehold for ninety-nine years of L. 150. per annum. 3. Being the son and heir apparent of an esquire (a very loose and vague description) or person of superior degree. 4. Being the owner, or keeper, of a forest, park, chase, or warren. For unqualified persons transgressing these laws, by killing game, or keeping engines for that purpose, or even having game in their custody, or for persons (however qualified) that kill game, or have it in possession, at unseasonable times of the year, or unseasonable hours of the day or night, on Sundays or on Christmas day, there are various penalties assigned, corporal and pecuniary, by different statutes; on any of which, but only on one at a time, the justices may convict in a summary way, (or in most of them) prosecutions may be carried on at the assizes. And lastly, by statute 28 Geo. II. c. 12. no person, however qualified to kill, may make merchandise of this valuable privilege, by selling or exposing to sale any game, on pain of like forfeiture as if he had no qualification,

CHAPTER XIV.

OF HOMICIDE.

I SHALL now, lastly, take into consideration those which in a more peculiar manner affect and injure individuals or private subjects.

The crimes and misdemeanors against private subjects are, principally, of three kinds; against their persons, their habitations, and their property.

Of crimes injurious to the persons of private subjects, the most principal and important is the offence of taking away that life, which is the immediate gift of the great Creator.

Homicide, or the killing of any human creature, is of three kinds; justifiable, excusable, and felonious. The first has no share of guilt at all; the second very little; but the third is the highest crime against the law of nature that man is capable of committing.

I. Justifiable homicide is of divers kinds.

1. Such as is owing to some unavoidable necessity, without any will, intention, or desire, and without any inadvertence or negligence, in the party killing, and therefore without any shadow of blame.

2. Homicides committed for the advancement of public justice, are, 1. Where an officer in the execution of his office, either in a civil or a criminal case, kills a person that assaults and resists him.

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