Fitzg. 64, Barn. R. 162, is, that it is illegal to write against Christianity in general; that it is also illegal to write against any one of its evidences or doctrines, so as to manifest a malicious design to undermine it altogether; but that it is not illegal to write with decency on controversial points, whereby it is possible some articles of belief may be affected.

By the 60 G. 3, c. 8, on the conviction of any person for the composing, printing, or publishing of any blasphemous or seditious libel, the court may order the seizure of all copies of the libel; or the officers are empowered to enter, by force, in the daytime, any premises containing copies of the same. The punishment by banishment for a second offence under the statute is repealed, 1 W. 4, c. 73, but additional securities are required, as already stated (p. 225), prior to the publication of political works.

VII. PROFANE SWEARING AND INDECENT EXHIBITIONS.

By 19 G. 2, c. 21, every labourer, soldier, or sailor, profanely cursing or swearing, forfeits 18.; every other person under the degree of a gentleman, 2s.; and every gentleman, or person of superior rank, 5s. to the poor of the parish on the second conviction, double; for every subsequent offence, treble the sum first forfeited, with all charges of conviction; and in default of payment the offender may be sent to the house of correction for ten days; or where a common sailor or soldier, upon conviction, is unable to pay the penalty, he may be set in the stocks for one hour for every offence.

By 14 & 15 V. e. 100, the offences of a public and indecent exposure of the person, and the public selling, or exposure for public sale or to public view, of any obscene book, print, picture, or other indecent exhibition, is punishable by fine or imprisonment. And by 20 & 21 V. c. 83, summary powers are given to justices to issue a warrant to search for, seize, and destroy, obscene books, papers, writings, prints, pictures, or drawings.

VIII. SIMONY.

This offence, which is the sale of spiritual preferment, consists in the corrupt presentation to an ecclesiastical benefice for reward, gift, profit, or benefit. This is not an offence punishable, in a criminal way, at common law; but, by 31 Eliz. c. 6, it is provided, if any patron, for money, or other profitable consideration, or promise, present to any ecclesiastical benefice, or dignity, both the giver and taker forfeit two years' value of the benefice or dignity; one moiety to the queen, and the other to the person who sues for the same. Corrupt elections and resignations in colleges, hospitals, and other eleemosynary corporations, are punishable with forfeiture of double the value, vacating the place or office, and the lapse of the right of election, for that turn, to the crown.

Though to purchase a presentation, the living being actually vacant, is undoubtedly simony, Lord Hardwicke held, that the sale of an advowson, during a vacancy, is not within the statute; and it has been decided, though with difference of opinion, that a bond to resign a school or freehold office, at the request of the patron, is valid. In the case of Fletcher v. Lord Sondes, on an appeal to the House of Lords, it was decided, after elaborate argument, that a bond entered into by a parson, to resign a living, in order that a particular person may, at a future period, be presented, is simoniacal and illegal. But by 9 Geo. 4, c. 94, such bonds are rendered valid in some cases.

IX. PROFANATION OF THE SABBATH.

The exception made by 27 H. 6, c. 5, of the four Sundays in harvest, and allowing fairs and markets to be held on those days, is abolished by 13 V. c. 23.

By 1 Car. 1, c. 1, no persons shall assemble out of their parishes for any sport on Sunday, nor in their parishes use any bull or bearbaiting, interlude, play, or other unlawful exercise or pastime : penalty 38. 4d, to the poor.

By 29 Car. 2, c. 7, no person, on pain of forfeiting 58., is allowed to work on the Lord's day (except works of necessity or charity), nor use any boat or barge, nor expose any goods to sale, except meat in public-houses, or milk and mackerel at certain hours. Milk may be sold before nine in the morning, and after four in the afternoon. Mackerel may be sold before and after divine service.

By 3 Car. 1, c. 1, any drover, carrier, or the like, travelling or coming to his inn or lodging on Sunday, forfeits 20s. A ran travelling on Sunday between London and York is within the statute, Middleton, ex parte 3 B. & C. 164; but a stage-coach travelling on the Lord's day is not illegal, Sandeman v. Breach, 7 B. & C. 96.

Fish carriages are allowed to travel on Sunday, either laden or returning empty. Persons publicly crying, or exposing to sale, herbs, forfeit them to the poor. Butchers killing or selling any victual, forfeit 68. 8d.

No writ, process, or warrant, except in cases of treason, felony, or breach of the peace, shall be served on Sunday, on pain that the same shall be void, and the party serving the same be liable to an action for damages. All contracts made on Sunday are void; but a sale of goods made on Sunday, which is not made in the exercise of the ordinary calling of the vendor, is not void under the statute, 1 Taunt. 131. And the price of goods bought on Sunday has been held recoverable, the defendant having kept them, and subsequently promised to pay for them, 6 Bing. 653.

By 1 & 2 W. 4, e. 32, s. 3, no person shall, on Sunday, or Christmas day, kill any game, or use any gun, dog, net, or engine, for

that purpose, on pain of forfeiting any sum not exceeding £5, together with the full costs of conviction.

The 21 G. 3, c. 49, was passed to restrain a practice very prevalent at the time in London and Westminster: it enacts that if a house, room, or place be opened on Sunday for any public entertainment, or for debating upon any subject, to which persons are admitted by money or tickets, the keepers of it shall forfeit £200 to any person who will prosecute; the manager or president £100, and the receiver of the money or tickets, £50, and every person printing an advertisement of such meeting forfeits £50. See Licensed Victuallers and Bakers.

X. WITCHCRAFT, ASTROLOGY, AND IMPOSTURE.

There is nothing more common in the early periods of our history than the imputation of witchcraft against persons of the highest rank; and the anxiety manifested by the individuals to clear themselves, shows both the credit and importance attached to these inventions. Most people are familiar with the case of the Duchess of Gloucester, in the reign of Henry VI.; and that of Jane Shore in the reign of Edward V. So late as the reign of James I. witchcraft was considered a crime actually existing, and punished with death: under this law, many persons were sacrificed to the prejudices of their neighbours and their own illusions; not a few having, by some means, confessed their imaginary guilt at the gallows. The laws against witchcraft were in force in Ireland till repealed by 1 & 2 G. 4, c. 18.

Pretending to exercise any kind of witchcraft, sorcery, enchantment or conjuration, or undertaking to tell fortunes, or pretending from skill or any occult science to discover where stolen goods may be found, subjects to imprisonment for one year, and such further punishment by fine or imprisonment as the court thinks fit, 9 G. 2, c. 5, s. 4; 56 G. 3, c. 138, s. 2.

Practisers of the occult sciences are also punishable under 5 G. 4, c. 83; and persons pretending to tell fortunes, or using any subtle craft, means, or device, by palmistry, or otherwise, to deceive any of her Majesty's subjects, are punishable as rogues and vagabonds.

A similar species of offence is that of RELIGIOUS IMPOSTURE, by pretending to an extraordinary commission from heaven, thereby abusing and terrifying people with groundless apprehensions.

XI. DRUNKENNESS, LEWDNESS, FEMALE PROSTITUTION.

Drunkenness is punishable by 21 Jac. 1, c. 7, with the penalty of 58., or sitting six hours in the stocks, if unable to pay the penalty. Upon a second offence, the offender may be bound in a recognizance of £10, with two sureties for good behaviour, but

conviction must, in all cases, be had in six weeks. By 24 & 25 V. c. 49, justices in Ireland are empowered to commit to local bridewells persons convicted of drunkenness.

Open and notorious Lewdness, either by frequenting houses of ill fame, which is an indictable offence, or by indecently exposing the person to public view, is punishable with fine and imprisonment.

Within the limits of the metropolis district, every person found DRUNK in any public thoroughfare, and guilty of riotous or indecent behaviour, may be fined any sum not above 40s. for every offence, or if the magistrate think fit, instead of a pecuniary fine, may be committed to the house of correction for not exceeding seven days, 2 & 3 V. c. 47, s. 58.

Under 34 E. 3, c. 1, justices of the peace may hold to bail all that be not of good fame, and compel them to give sufficient surety for their good behaviour: which ancient statute has been revived in the metropolis for the purpose of bringing under magisterial notice the keepers of notorious brothels.

Every common PROSTITUTE or night walker, loitering or being in any thoroughfare or public place for the purpose of prostitution or solicitation, to the annoyance of the inhabitants or passengers, may be apprehended without warrant by the police of the metropolis within their jurisdiction, and is liable to a penalty of 40s., 2 & 3 V. c. 47, s. 54.

XII. OBSCENE BOOKS, PRINTS, AND ARTICLES.

Lord Campbell's Act, 20 & 21 V. c. 83, gives additional power for the suppression of the trade in such obscenities, by empowering any metropolitan police magistrate, or other stipendiary magistrate, or any two justices of the peace, upon complaint on oath, that the complainant believes that obscene books, papers, writings, prints, pictures, drawings, or other representations are kept in any house, shop, room, or other place within the magisterial limits, for the purpose of sale or distribution, exhibition for gain, lending upon bire, or being otherwise published for gain; complainant also to state that one or more articles of such character have been sold, exhibited, or lent, so as to satisfy the magistrate that the belief of complainant is well founded, and that the publication of such obscenity would be a misdemeanor;-upon such depositions a special warrant may be issued to a police officer, with the necessary assistance, to enter in the daytime, and, if need be, use force, by breaking open doors or otherwise, to search for and seize such obscenities, and carry them before a magistrate, who may summon the occupier to appear within seven days to show cause why such articles should not be destroyed: occupier or owner of the articles not appearing, the obscenities may be destroyed, except those necessary for sustaining ulterior proceedings. If the articles seized

are not of the character described by the complainant, they are to be restored to the occupier. Tender of amends to bar any wrong

proceeding under the act, and notice of counter proceeding must be given in writing one calendar month previously. Appeal given to next general quarter sessions; appellant giving seven days' notice, and entering into recognizances to appear and prosecute the appeal.

XIII. BUYING OR SELLING WIVES.

The Court of Queen's Bench is the guardian of public morals, and has the judicial animadversion of offences against public decency and good behaviour. In that court an information was granted against a number of persons concerned in assigning a young girl to a gentleman, under pretence of learning music, but for the purpose of prostitution, 3 Bur. 1438. There is no doubt that the vulgar and brutal exhibition, too often tolerated, of a man selling his wife, and delivering her in a halter, is a misdemeanor, both in the buyer and seller, punishable with fine and imprisonment. In a more mitigated outrage of this sort than a public sale, namely, where a husband formally assigned his wife over to another man, Lord Mansfield directed a prosecution for the transaction, as being notoriously against public decency and good manners. All such acts are public misdemeanors, and punishable either by an information or by an indictment preferred before a grand jury at the assizes or quarter sessions.

XIV. VAGRANCY.

Offenders under this head form a numerous class in society, and are described by the Vagrant Act, the 5 G. 4, c. 83, under the denominations of idle and disorderly persons, rogues and vagabonds, and incorrigible rogues.

I. Who is deemed an idle and disorderly person?

Every person being able, wholly or partly, to maintain himself or family, by work or other means, and neglecting so to do, whereby they become chargeable to the parish; every person returning to and becoming chargeable to any parish from whence he shall have been legally removed, unless he produce a certificate from the churchwarden and overseer, acknowledging him to be settled there; every petty hawker or pedlar wandering abroad and trading without being licensed; every common prostitute wandering in the public streets or public highways, or in any place of public resort, and behaving in a riotous or indecent manner; and lastly, every person wandering abroad, or placing himself in any public place, court, or passage, to beg, or causing any child so to do: all these are deemed IDLE AND DISORDERLY PERSONS, punishable for any term not exceeding a calendar mouth, by imprisonment in the house of correction.

II. Who shall be deemed a rogue and vagabond?

Every person committing any of the offences mentioned in the