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The necessities that prompted him to commit a felony are possibly indicated by the addition that he usually appeared in a scarlet dress embroidered with gold, but sometimes in black, blue, or grey clothes. He was seized when he had got no farther than Klausthal, in the Hartz mountains, but he lost no time in escaping from the clutches of the police, and made his way to England.
He was accordingly carried before a meeting of justices, and by them committed to the county gaol, to take his trial for the felony at the next assizes. Mr. Tyrrel was determined to prosecute the offence with the greatest severity; and his attorney, having made the proper enquiries for that purpose, undertook to bring it under that clause of the act 9 Geo.
Walpole's order to that effect but not before." "You'll take the consequences, then?" "Willingly." "In that case I arrest you, and your confederate, Joseph Blake, alias Blueskin, on a charge of felony," returned Wood, brandishing his staff; "resist my authority, if you dare." "A clever device," replied Jonathan; "but it won't serve your turn. Let us pass, Sir. Strike the gag, Blueskin."
"There shall be, in England, seven halfpenny loaves sold for a penny: the three-hooped pot shall have ten hoops; and I will make it felony to drink small beer: all the realm shall be in common, and in Cheapside shall my palfrey go to grass." Jack Cade.
And here let me take notice of one very heinous abuse, not to say petty felony, which is practised in most of the great families about town, which is, when the tradesman gives the house-keeper or other commanding servant a penny or twopence in the shilling, or so much in the pound, for everything they send in, and which, from thence, is called poundage.
"Nay, nay, Mademoiselle, I shall not allow you to set up France as immaculate on this point, neither " said John Effingham, looking at the last speaker with an affected frown "A young lady may have a tongue, and she may even speak to a young gentleman, and not be guilty of felony; although I will admit that five tongues are unnecessary, and that five listeners are more than sufficient, for the wisdom of twenty in petticoats."
The next point is to consider it as a question of constitutional policy, that is, whether the decision of the question of libel ought to be left to the judges as a presumption of law, rather than to the jury as matter of popular judgment, as the malice in the case of murder, the felony in the case of stealing.
Our grandfathers seem to have thought that felony and misdemeanour were as much natural classes as mammal and marsupial, and that all that they could do was to remove the benefit of clergy when the corresponding class of crime happened to be specially annoying.
So great an alarm was conceived about this time respecting the art of transmutation, that an act of parliament was passed in the fifth year of Henry IV, 1404, which lord Coke states as the shortest of our statutes, determining that the making of gold or silver shall be deemed felony.
It is allowed, that a man attainted of felony cannot sit in parliament, and the commons probably judged, that, not being bound to the forms of law, they might treat these as felons, whose crimes were, in their opinion, equivalent to felony; and that, as a known felon could not be chosen, a man, so like a felon that he could not easily be distinguished, ought to be expelled.
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