PARTICULAR SYLLABUS. TITLE VII. 'It was necessity which forced men to give up a part of their liberty. It is certain then, that every individual would choose to put into the public stock the smallest portion possible; as much only as was sufficient to engage others to defend it. The aggregate of these, the smallest portions possible, forms the right of punishing; all that extends beyond this is abuse, not justice.-Marquis Beccaria. THE LAW OF CRIMES AND PUNISHMENTS. 1. The Marquis Beccaria's Essay on Crimes e. 2. Bentham's Introduction to the Principles of Morals and Legislation. [The following Chapters only:] Chap. xii. 'Of the consequences of a mischievous act.' Chap. xiii. 'Cases unmeet for punishment.' Chap. xiv. 'Of the proportion between punishment and offences.' Chap. xv. 'Of the properties to be given to a lot of punishments.' Chap. xvi. 'Division of offences.' Chap. xvii. 'Of the limits of the penal branch of Jurisprudence.' E. e. 3. Bentham's Theorie des Peines et des Re compenses. (Note 2.) 4. Eden's Principles of the Penal Law. (Note 3.) 5. Bicheno's Philosophy of Criminal Jurispru dence. 6. Russell's Treatise on Crimes and Misdemeanors. (Note 4.) 7. Carrington's Supplement to all treatises on the criminal law. the modern (Note 5.) 8. McNally's Rules of Evidence on the Pleas of the Crown. 9. Archbold's Summary of the Law of Pleading and Evidence in criminal cases, with precedents. 10. STATE TRIALS. We [We are somewhat apprehensive that the very name of this voluminous and extensive work may excite some alarm. should not, however, feel justified in pretermitting it: for though it must be admitted that it contains many dull unnecessarily prolix, and perhaps unimportant cases, yet it is certainly entitled to be considered the most authentic and satisfactory record of the pleas of the crown which has yet appeared. Most of the important doctrines of the crown-law were either advanced, illustrated, or fully established in the cases there reported; so that, independent of the useful knowledge as to the mode of conducting criminal proceedings, during the times, and in the respective courts in which they occurred, furnished to us by the rigid minuteness with which the cases are reported; and likewise the information which may be gained as to the genius of the times, and the character of the distinguished personages who in many cases were the subjects of them, evidenced either by the fact of their prosecution, or the manner of conducting their trials; the student is to regard this work as the depository of much useful law, and consequently entitled to a portion of his attention. As this publication is quite too extensive to be generally perused, and yet quite too valuable not to be read at all, we have endeavoured to select some of the most important cases, many of which should be studiously read, and the remainder at least cursorily perused; as to this, the student will exercise his own judgment on the cases which we have pointed out. The first eight volumes of this work have been well abridged by Mr. Salmon, who has added copious and satisfactory notes. His work is entitled, 'A new Abridgment and Critical Review of the State Trials, and Impeachments for High Treason.' Mr. Salmon had previously favoured the public with a new edition of the State Trials at large. Emlin's edition of the State Trials, in six volumes, published in 1742, and Hargrave's in eleven volumes, which appeared in 1776, have been highly approved. In 1826, J. M. Phillips, Esq. published a work entitled, 'State Trials; or a collection of the most interesting trials prior to the revolution of 1688, reviewed and illustrated.' It is embraced in two volumes, and has been very favourably received by the profession. The trials comprehended in this selection, are among the most valuable to be found in the previous voluminous editions, the most celebrated of which is that of T. B. Howell, Esq. in twenty-one volumes, royal octavo, 1809, 1816. Mr. Phillips, moreover, has considerably curtailed the original cases of much of their superfluous matter. If these volumes be not accessible to the student, we recommend him to read the cases we have marked thus, in Salmon's Abridgment. The remainder should be read in the work at large. It is proper further to observe that Criminal Jurisprudence is with some a favourite subject of study, and of practice, and our volume aims at meeting the views of every class of students and practitioners.] Year. SELECT CASES IN THE STATE TRIALS. 1534. Sir Thomas More, for high treason. Beheaded. 1 vol. State Trials, 59. Salmon's Abr. 10. 1605. Robert Winter and others, for high treason. Executed. 1 vol. State Trials, 232. Salmon's Abr. 57. 1615. Richard Weston, Ann Turner, sir Jervis Elvis, James Franklin, Frances countess of Somerset, Robert Carr earl of Somerset; for the murder of sir Thomas 1 vol. State Trials, 324. Salmon's Abr. 61. 1620.* Francis Ld. Bacon. Proceedings against him in parliament for bribery and corruption. Fined 40,000Z. 1 vol. State Trials, 375. Salmon's Abr. 75. sodomy. Beheaded. 1631. Mervin Ld. Audley, for a rape and Salmon's Abr. 122. 1 vol. State Trials, 388. 1634. John Ld. Balmerino, for a treasonable libel. Pardoned. 1 vol. State Trials, 429. Salmon's Abr. 129. 1640. Thomas, earl of Strafford, for high treason. Beheaded. 1 vol. State Trials, 723. Salmon's Abr. 164. 1643. William Laud, archbishop of Canterbury, for high treason. Beheaded. 1 vol. State Trials, 824. Salmon's Abr. 198. 1648. Charles I. king of England, for high treason. Beheaded. 1 vol. State Trials, 986. Salmon's Abr. 218. 1656. James Naylor, for blasphemy. Pilloried, &c. 2 vol. State Trials, 265. Salmon's Abr. 254. 1657. Tasborough, for subornation of perjury. Fined. 2 vol. State Trials, 1017. Salmon's Abr. 376. 1662. Sir Henry Vane, for high treason. 2 vol. State Trials, 435. 1663. Col. James Turner and others, for Beheaded. Salmon's Abr. 286. burglary. Executed. 2 vol. State Trials, 502. Salmon's Abr. 294. 1680.* William viscount Stafford, for high treason. Beheaded. 3 vol. State Trials, 101. 1681.* Borosky and others, for murder. 3 vol. State Trials, 466. Salmon's Abr. 396. Executed. Salmon's Abr. 443. 1683. John Hampden, Esq. for high misdemeanor. Fined 1683. 1684.* 40,0007. 3 vol. State Trials, 824. Salmon's Abr. 500. William Ld. Russel, for high treason. Beheaded. 3 vol. State Trials, 706. Salmon's Abr. 462. Titus Oates. Proceedings against him on the statute De Scand. Mag'. Damages 100,0007. 3 vol. State Trials, 985. Salmon's Abr. 519. 1685. Titus Oates, for perjury. Fined, pilloried, &c. 4 vol. State Trials, 1. Salmon's Abr. 530. 1685. Alice Lisle, for high treason. Beheaded. 4 vol. State Trials, 105. Salmon's Abr. 544. 1687. Philip Stansfield, for high treason and parricide. Exe cuted. 4 vol. State Trials, 283. Salmon's Abr. 608. 1688. The seven bishops, for a libel. 4 vol. State Trials, 305. Acquitted. Viscount Preston, for high treason. 4 vol. State Trials, 410. 1695. Sir John Friend, for high treason. 4 vol. State Trials, 599. 1696. Cap. Thomas Vaughan, for high Salmon's Abr. 582. Executed. Salmon's Abr. 656. treason. 5 vol. State Trials, 17. Salmon's Abr. 713. |