The above misdemeanours are of a public nature, affecting the peace and prosperity of the country, and the honour of its government. In some of them, such as assaults and libels, a double remedy is open to the injured person; he may put the criminal law in motion against his assailant, and have him punished for offending against the law and breaking the peace, and he may bring a civil action against him, and obtain damages for the private wrong done to his person or character. As a general rule, it is, however, advisable to take only one of these courses, as it is not likely that a jury would give heavy damages against a man who had already suffered punishment, or that a judge would pass a severe sentence upon a man who had already been made to pay largely for committing the same offence. But there are cases in which both civil and criminal remedies may very properly be taken, the one to compensate an injured individual, the other to vindicate an outraged law. The cost of prosecuting persons for having committed any of the misdemeanours or felonies above enumerated, and others which have not been mentioned, is paid by the State out of the Consolidated Fund, whether the prisoner be convicted, that is, proved to be guilty, or acquitted. Persons who combine together for the purpose of committing any offence, and act in concert, are all equally guilty. Thus, if several men conspire to rob a house, and some of them watch outside to prevent surprise, whilst one of their number commits a felony within, they are each and all guilty of his crime. Persons so assisting are principals in the second degree. Accessaries before the fact are such as command or procure a felony to be committed. Those who harbour or assist the principal felon, by hiding him, or providing him with money or a horse, &c. &c., to escape, are accessaries after the fact. Either class may be tried with the principal felon, or by themselves, even although he may not have been brought to trial. But his crime must be proved to have been committed. Ignorance of the law will not excuse from the consequences of guilt, any one who has capacity to understand it. All persons are presumed to know the law, but infants under the age of seven years are supposed to be incapable of committing a capital offence; and from that age up to fourteen it must appear that they know right from wrong before the law will be put in force to punish them. Persons of unsound mind are also exempted from punishment, as also are those who act in subjection to the powers of another, for neither can be said to have a will of their own. But the frenzy and temporary insanity produced by drunkenness is no excuse; for this is the consequence of a vice voluntarily indulged in, and not, as in the case of lunacy and madness, the act of God, which no man can prevent. A married woman who commits a felony (other than murder) jointly with her husband, in his presence, and with his sanction, cannot be convicted, for, in contemplation of law, she always acts under his control. Neither can she be convicted of stealing his goods, for in the eye of the law husband and wife are one; but if she steals them to give to an adulterer, the latter may be convicted if he carries them off or takes possession of them, well knowing at the time that they have been stolen by his paramour from her husband. There are numerous misdemeanours of a private nature affecting the rights of individuals or societies, such as committing or maintaining nuisances prejudicial to the health of a man, or of the district in which he lives (such as chemical works), or to his or their repose and morality (such as disorderly gatherings), or to his or their peace of mind (such as keeping large stores of inflammable or explosive substances likely to create a conflagration, &c.), the expenses of prosecuting which must be borne by the parties complaining. Persons or corporate bodies whose duty it is to make or keep in repair roads, bridges, or buildings, may be indicted for a misdemeanour if they refuse or neglect to do so. You must understand, however, that although most of the crimes that can be committed are defined and forbidden by act of Parliament, still a remedy exists at common law for many offences against public justice, peace, or morality, that may not come within the strict letter of any statute; but no new offence can be dealt with under the common law, because, as I have said, it consists only of ancient customs. When a remedy has been provided, or a course of prosecution pointed out, by a statute, the common law yields to it. All statutes which impose penalties must be construed most strongly against the Crown and in favour of the subject. No person may be tried or punished twice for the same offence; if it is attempted to do so, he may plead autrefois convict (before convicted), or autrefois acquit (before acquitted), to the indict ment. LETTER XVII. OF THE COURTS OF CRIMINAL LAW. The High Court of Parliament-The Court of the Lord High Steward Now that you know the nature of many of the offences that In the Letter in which I described the constitution of Parliament, I told you that the House of Lords has the right of trying persons impeached by the House of Commons. It has also the privilege, whilst Parliament is sitting, of trying its own members for treason or felony, but not for misdemeanours. A peer accused of any of these offences is tried in the ordinary way before a jury. A bishop, although he sits in the House of Lords, must be tried as a commoner. When Parliament is not sitting, peers may be tried for treason or felony in the courts of the Lord High Steward of England. This office is of great antiquity, but is not filled now, except upon special occasions, such as the trial of a peer, for which a person is specially appointed to hold it, and when the business is over he breaks his wand of office and his functions are at an end. Trials in this court are held before not less than twenty-four peers, including the Lord High Steward, who is the judge. In trials before the Lords in Parliament, a High Steward is also appointed, not as judge, but as a kind of speaker to regulate the procedure. The Sovereign is supposed to be the judge in these cases, and a majority of peers return the verdict of guilty or not guilty, not upon oath, but in the words, "upon my honour." The Court of Queen's Bench, besides its civil, has a very important criminal jurisdiction; in fact, it takes cognizance of all offences, from high treason down to the most trivial assault. 1 OFFICE OF CORONER. 135 The Lord Chief Justice is the principal coroner of the kingdom, and all its judges are coroners and justices of the peace. It may be convenient here to state how coroners and justices of the peace are appointed, and what duties they have to perform. The office of coroner is one of great antiquity and importance. He is so called because he has principally to do with pleas of the Crown. There are usually four or six appointed for every county of England. They are chosen for life by all the freeholders in the county court. Coroners may be appointed for districts within counties, instead of the county at large; and provision is now made for the election and remuneration of coroners, and their removal for inability or misbehaviour. The Crown and certain lords of franchises, having a charter from the Crown for that purpose, may appoint coroners for certain precincts or liberties by their own mere grant, and without election. In every borough having a separate quarter sessions, a coroner is appointed, with exclusive jurisdiction within the borough. The office and power of a coroner are either (1) Judicial, and consist principally in inquiring when any person is slain, or dies suddenly, or in prison, concerning the manner of his death. A jury is empanelled, and inquisition must be found with the concurrence of at least twelve of them. The inquisition must be had super visum corporis, for if the body be not found, the coroner cannot sit, except by virtue of a special commission issued for that purpose. If any be found guilty of murder or other homicide by such inquisition, the coroner is to commit them to prison for further trial, and is also to inquire concerning their lands, goods, and chattels, which are forfeited thereby; and must certify the whole inquisition under the seals of himself and jurors, together with the evidence thereon, to the Court of Queen's Bench or the next assizes. Another branch of the coroner's office is to inquire concerning shipwrecks and treasure trove. (2) Ministerial. He is the sheriff's substitute in executing process, when the sheriff is interested in the suit, or of kindred to either plaintiff or defendant. It is the supreme court of Common Law in the kingdom, and consists of a chief justice and four puisné justices. It keeps all inferior jurisdictions within the bounds of their authority, and may either remove their proceedings to be determined here, or prohibit their progress below. It superintends all civil corporations in the kingdom. It commands magistrates and others to do what their duty requires, in every case where no particular remedy is appointed. It protects the liberty of the subject, by liberating persons unjustly imprisoned or restrained of their liberty, by habeas corpus or bail. It takes cognizance both of criminal and civil causes, the former in the Crown side or Crown office, the latter in the plea side of the Court. On the Crown side it exercises jurisdiction over all criminal cases, from high treason to breach of the peace; and on the plea side over all actions between subject and subject, with the exception of real actions and suits concerning the revenue. Error lies from this Court to the Exchequer Chamber. Justices of the peace are gentlemen appointed by the special commission of the Sovereign, at the recommendation of the Lord Lieutenant of their county, to assist in the administration of the law in some cases. They must have a qualification of the value of 1007. a year, arising out of landed estate. Certain persons, however, such as justices of corporations, peers, privy councillors, judges, and others, are privileged to act without such qualification. Their duty is to preserve the Queen's peace by committing to prison any person actually guilty of a breach of the peace, and tɔ bind over to be of good behaviour such as are suspected of being about to become so ; also to prevent and suppress riots and affrays, by apprehending disorderly persons ; and they have to administer the law at general and petty sessions, as will be seen hereafter. They discharge these services without any fee or salary. The courts of Oyer and Terminer and general gaol delivery are those which are held upon circuit in every county, before the judges of assize, and commissioners appointed to assist them. It has already been stated that the judges and commissioners of assize sit under five distinct commissions; two of these, which relate to the discharge of their civil jurisdiction, have already been described. The remaining three give them power to act in criminal cases, and are—3rd, the commission of the peace; 4th, of oyer and terminer; and 5th, general gaol delivery. The duty of a justice of the peace has been lately laid down. The commission of oyer and terminer authorizes the persons named in it to inquire, hear, and determine all treasons, felonies, and misdemeanours; and that of general gaol delivery to try and deliver every prisoner who shall be in the |