A General Charge to All Grand Juries, and Other Juries; With Advice to Those of Life and Death, Nisi Prius, &C... to Which Is Prefix'd, a Discourse of the Antiquity, Power, and Duty of Juries; With an Exhortation to Their Due Performance Thereof (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1725 Excerpt: ...upon them by Witchcraft to tell where Treasure is td fee found, ' Things lost or froln may be Had again, or to do ariy Thing to proVoice unlawful Love f or whereby any Cattle or Goods, &c. of any Person shall be destroy'd or injured, though the same be not effected j this is punished by a Year's Imprisonment, Pillory, &ci and the second Offence is Felony. These last are called Witchcraft in the second Degree but we have seldom arty Prosecutions uport this Statute. Felonies which areJoitrtfol iotipatficuJtir Persons, iri their Goods or: PoseJms are of divers Natures and d&tllffc Recording to tise Biverfit)t of Qmwfiftan tesA ; I In m r;, I, ...; rjfl sit'. f., 'J-V.;.J.'ii Cv.'J.il lo S.10 7" HE breaking or entririg intosurging: House by ISfight with Jht'gnf to...-,0 commit some Felony, is call'd Burglary, whether the Felonious Intent be executed or not j som, e Opinions are, that after Suh Set, and before Sun Rising, it is Nights but my Lord Coke's OpinionCm-.-3$ is, thafrso long as the Countenance of a iPerson may be discern'd, it is Day The Night aggravates the Offence; sot if it be committed in the Day time, it is cal led House-breaking, not Burglary:, .., The entring into a House by the Doors open, is a Breaking in Law but not sufficient, without an actual breaking % l Therefore if the Door be open, or Win dow be open, and the Thief draw out Goods thereby, 'tis no Burglary. But if the Thief break the Window 5 draw the Latch: unlock the Door j break a Hole in the Wall these are Breaking. And as there must be a Break ing, so there must be ah Entry. Setting the Foot over the Threshold, putting the Hand, or a Hook, or a Pistol, within the Window or Doojy 1 Turning. th$ Key Key where the Door is lock'd cn the Inside, is an Entry. In so...