A Charge to the Grand Jury for the Eastern Division of the County of SUSSEX, 1733.

GRAND INQUEST OF THE COUNTY; which name in fome meafure points out to you the nature of your business for you are fummoned from the several parts of it, to enquire into all offences of a public nature which tend to disturb the peace of fociety; all, which you shall know of yourselves, or shall be informed of by others. These you are to prefent to the Court, that juftice may be had against the offenders. I cannot recollect any offences that do not fall under your enquiry; and though this Court has not jurisdiction finally to hear and determine fome of them, yet it has power to receive fuch indictments, and to tranfmit them to superior Courts, that the offenders may be there proceeded against according to law. Most of you, I prefume, have ferved on Grand Juries before, confequently cannot be unacquainted with the nature of your office; but as it has ever been a custom to give in charge the articles a Grand Jury are to proceed upon, fo I think it not altogether unneceffary: for, by pointing out the offences, many may be prevented from falling into them through ignorance,

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ignorance, and thofe who have already offended may be more easily detected.

Public offences are generally divided into capital or not capital: the firft are punishable with death; in the last the punishment is either directed by fome particular law, or else it is left to the discretion of the Court. It is needless to distinguish to you in what capital offences a man shall have his Clergy (that is, be excused the first time), and in which he shall not; as also to tell you, what are offences at Common Law, and what are made fo by particular statutes: for, though they differ in the form of the indictment, yet they all in general fall under your enquiry, and are equally prefentable.

The highest capital offence, which our law takes notice of, and which is fo in all nations, because the most destructive of fociety, is the crime of High Treason. It is the peculiar happiness of England to have this crime defined by its law; fo that nothing fhall be deemed or taken to be high treason but what the law has expreffly declared to be fo: by which, as the Magistrate is sufficiently guarded against the difloyalty of the Subject, so is the Subject against the oppreffion of the Magistrate.

The first species of treason recited in 25 E. III. are the compaffing the King's death, dishonouring his family, levying war against him, or adhering to his enemies: I only mention these for form's fake, for (God be praised!) there is no occasion to insist upon them. them. We enjoy so much happiness and tranquillity under his Majesty's reign, and are by his care fo firmly established

in the enjoyment of all our civil and religious rights, that, without the law, he is fecure in the love of his fubjects, who cannot harbour a difloyal thought against him without adding ingratitude to treafon. Befides the ties of our natural allegiance, we are bound to his Majesty by the most solemn oaths and engagements : we have not only fworn to be faithful to him, but we have renounced all foreign jurisdiction, and abjured all pretended titles ; fo that we cannot fail in our duty to his Majesty, without being wanting to our confciences; we cannot be difloyal fubjects, without approving ourselves bad Christians, and the most perjured of men. The other kinds of treafon mentioned in that ftatute are the counterfeiting the King's feals, or coin; and the killing any of his Judges or Justices in the execution of their office; the first is an immediate invasion of his prerogative, the last a direct affront to his authority.

There are some other offences which are made high treason by later statutes; and relate either to the maintaining the Pope's power within this realm, or the preventing the Protestant fucceffion but the first of these being now at fo low an ebb, and the last so happily established, the happy circumstances of these times do not require that I should mention them.

I come now to Felonies; and firft fhall take notice of thofe which more immediately concern the King and State.

It is felony to debafe, unlawfully to diminith, or increase, the coin or bullion of the kingdom.

To affault a Privy Counsellor in the execution of his office..

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To go into the fervice of a foreign state, without first taking the oath of allegiance, or giving fecurity not to enter into confpiracy against the King.

To embezzle the King's ftores or provifions to the value of 20s.

To embezzle, deface, or alter, any of the records of the King's Courts at Westminster, without authority.

Soldiers or mariners wandering about without a testimonial, or counterfeiting one.

Soldiers departing from the King's service without licence.

Captains or others wilfully destroying their fhips.

Το appear armed and disguised in parks, warrens, and highways; to hunt, kill, or steal, deer or coneys in a warren; to rob rivers or ponds; to break down bays; to kill or maim cattle; to cut down plantations; to fire house, barn, itacks of corn, &c.; to shoot at any person in any dwelling-houfe, or other place; to fend letters without names to demand money, &c.

To transport live fheep out of the kingdom.

To beat or wound Cuftom-houfe officers in the execution of their office, by eight or more perfons armed and tumultuously affembled.

Twelve or more, riotoufly affembled, not difperfing after proclamation for that purpose.

To return from transportation.

To perfonate bail, or acknowledge a record in another's name, without his knowledge.

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To counterfeit any Government fecurities.

And, by the wisdom of the present Parliament, Forgery of all kinds is made felony, which was only fo before for the second offence. This is a good and wholesome law; for, if a man shall die who steals but a fhilling from his neighbour, how much more does he deserve death who, by fecret artifice, endeavours to rob him of all that he is worth!

These are the felonies of a more public nature: I come now to those which more immediately affect private perfons; and they are such as either concern a man's person, his habitation, or his goods. The greatest injury to a man's person is taking away his life; for it is irreparable: if it is done maliciously, the law terms it murder; if in a fudden heat or paffion, chance-medley, or manslaughter.

There are fome forts of murder which, being of a more hei-· nous nature, the law has diftinguished by the name of Petit Treafon; because they are committed against persons to whom you have a civil relation, and to whom there is owing a civil obedience there are three inftances of this kind of murder; where a fervant kills his mafter; a wife her husband; or a clergyman his bishop or ordinary. Other felonies against the perfon, which do not extend to the life, are fuch as cutting out the tongue,. putting out the eyes, flitting the nofe, or cutting off any limb or member, with intention to maim or disfigure; fodomy; rape; bigamy; forcible marriage; and stealing of women who have lands or goods; abufing a girl under ten years old; women