6. Criminal Attempts. Even where no harm has ensued, the attempt to commit serious crime is punished-as if one' endeavours to raise fire, but fails in effecting his purpose; or tries to suborn false testimony, and the witness resists the temptation.

7. Atttempted Minor Offences. Mere attempts too commit minor offences, do not seem to be proper objects of legal retribution.

8. Excuse for Apparently Criminal Acts. Acts apparently deserving the highest pains may yet be excusable altogether or in part. This depends upon3 the absence or diminution of that dole or evil mind already mentioned.

9. Excuse of Youth. Persons in extreme youth are deemed incapable of knowing the guilt of any crime; hence, children under seven years of age are not answerable in law for what they do.

Those above seven, but under ten years of age, may be punished' arbitrarily, according to circumstances.

Offenders more than ten years old may perhaps be reckoned liable to capital punishment for crimes of great magnitude, the atrocity of which must have been known to the juvenile delinquents.

After attaining the age of puberty,' or of fourteen years, in both sexes without distinction, all are considered fully amenable to the laws for their conduct; with this excep

7

I Hume, c. i. (i. p. 27. 2d edit.) 2 Ibid. 27, 28. 3 Ibid. 29. 4 Ibid. 33. 5 lbid. 6 Ibid.

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tion, that minors under sixteen years of age do not appear liable to capital pains for merely statutory crimes.

10. Excuse of Insanity. Individuals labouring under insanity, 2 are regarded as unfit objects of retribution.

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11. Plea of Intoxication. Intoxication is no excuse, 5 for although the person under its influence may be as little capable of exerting his reason as a madman, he brought the disorder upon his intellects by his own act, and, knowing the effects of drunkenness, he was so reckless as to subject himself and others to the risk of all the consequences of his being in an incontrollable state of mind.

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12. Excuse on Ground of Subjection or Force. Subjection or force may, to a certain extent, take off the criminality from acts.

The command of a parent,* if joined to youth in the child, will have the effect of partly excusing the latter in grave crimes, and of entirely exculpating him in venial offences.

A wife's subjections to her husband, cannot serve to mitigate the penalty of grave crimes committed by her in obedience to him; but, in petty delinquencies, it is possible that cases may occur in which the husband's coercion may be held a good ground for lessening her punishment.

The order of a master7 forms no excuse to a servant, unless in cases which would properly come under the head of force.

Force, if great and unavoidable, renders the passive

6

| Hume, c. i. (i. p. 32, 2d edit.) 3 Ibid. 44, 5.

4 Ibid. 48, 9. 6 Ibid. 48.

1 Ibid. 49, 50.

F

2 Ibid. 36, 7.
5 Ibid. 46, 7,

agent to whom it is applied, excusable, either wholly or partly, according1 to circumstances; but these must be of a kind that, it is to be hoped, can scarcely ever be met with in Scotland.

13. Excuse for Officers of the Law.

An officer of the law, acting in2 obedience to the order of a judge, if the matter be not obviously illegal, is not deemed guilty of any wrong he may do in the course of such proceeding.

14. Excuse for Soldiers on Duty.

A soldier is fully exculpated by the order of his superior officer, if that was within the common bounds of military duty.

15. Plea of Want.

The pressure of the utmost want is not, in the present state of society, admitted as a defence for the commission of crime.

II. PARTICULAR CRIMES AND OFFENCES.

1. Offences Cognizable by Justices.

Those offences which are, in any shape, cognizable by Justices, are treated of under their respective titles. (See Bees-Breach of the Peace-Deforcement-Drunkenness— Fraud, by false weights and measures—Injuries, real—Assault--Mischief, malicious--Mobbing or Riot-Offences against Judges-Perjury, subornation of,-Pigeons-Prevarication Prison Breaking-Profanity-Rabbits—-Theft and Theftbute-Threats-Wrecks.

1 Hume, c. (i. p. 51, 2, 2d edit.)

3 Ibid. 53, 4.

4 Ibid. 54.

2 Ibid. 52, 3.

2. Crimes not Cognizable by Justices. With regard to these crimes, of which they cannot take cognizance, Justices are only concerned to know what are bailable and what are not.

3. Alphabetical List of Crimes, Capital and not Bailable. Cutting and maiming (with intent to kill or do great bodily

harm.) Fire-raising Forgery (in these cases only, 1. forging, altering, or utter

ing of any will or codicil ; 2. of any power of attorney,

or other authority, to transfer money in the public funds.) Hamesucken, (i. e. the assaulting of a person in his dwelling

house according to previous intention.) Housebreaking Incest. Murder, (except cases of homicide committed by Revenue Offi

cers on duty.)

Attempt to commit, (by suffocation, drowning, &c.) Piracy. Rape. Returning from transportation (or the Hulks, the Convict

having been sentenced to transportation.*) Robbery. Shooting at a person, (with“ intent to kill or do great bodily

harm.) Sinking or burning a ship, (withớ the view of defrauding

underwriters, &c.) Sodomy and bestiality. Theft, aggravated. (1.) Offender being habite and repute

a thief ; (2.) having been several times previously convicted of theft ; (3.) horse-stealiny ; (4.) sheep-steal

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ing ; (5.) stealing the mail ;7 (6.) theft of money from

letters, committed by persons in the post-office. Treason.

3

4. Alphabetical List of Crimes, Bailable and not Capital. Assault, simple. Bigamy. Celebrating clandestine marriages. Coining. 5 Concealment of pregnancy. Culpable homicide, (when distinguishable from murder.) Deforcement. Forgery, (in any case but those already excepted.) Fraud and imposition. Fraudulent bankruptcy. Mobbing or riot. Perjury, and subornation (or procuring) of perjury. Poaching-armed by night. (Three persons at least together,

between the end of the first hour after sunset, and the be

ginning of the last hour before sunrise.) 4
Prison-breaking
Reset of theft, (i. e, receiving stolen goods.)
Sedition.
Stellionate, (i. e. a nane given to personal injury, not other-

wise designated.)
Theft, simple.
Violating sepulchres.
Wrecks, plundering of.

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