Offences are punished by the aggrieved party.
In the English criminal law, where corporal punishment is ordered by the court for certain criminal offences, the "cat" is used only where the prisoner is over sixteen years of age.
In regard to moral offences, jurisdiction under this act is exclusive.
He puts ritual offences, however, in the same category with offences against the moral law, and he does not distinguish between immorality and practices that are survivals of old recognized customs: in ch.
On the one hand, he regards him as supreme in power, controlling the destinies of Babylonia and Egypt as well as those of Israel, and as inflexibly just in dealing with ordinary offences against morality.
The cour dassises occupies itself entirely with offences of the most serious type, classified under the penal code as crimes, in accordance with the severity of the penalties attached.
Besides its legislative functions, the senate is the highest court of justice in the case of political offences or the impeachment of ministers.
The pretori have penal jurisdiction concerning all misdemeanours (contravvenzioni) or offences (delitti) punishable by imprisonment not exceeding three months or by fine not exceeding 1000 lire (~4o).
Statistics of offences, including contravvenzioni or breaches of by-laws and regulations, exhibit a considerable increase per 100,000 inhabitants since 1887, and only a slight diminution on the figures of 1897.
Libels, insults, &c., resistance to public authority, offences against good customs, thefts and frauds, have increased; assaults are nearly stationary.
and his minister Cardinal Consalvi oppression had not been very severe, and Metternichs proposal to establish a central inquisitorial tribunal for political offences throughout Italy had been rejected by the papal government.
Episcopis, &c., subjected clerics for small offences pertaining to the observances of religion to bishops and synods.
against all "tonsured" persons, supra); (d) Offences in regard to holy places - " brawling " and such like; (e) Heresy, schism, apostasy, witchcraft.
Burning was an English punishment for some secular offences.
In this reign and the next, temporal courts were sometimes given jurisdiction over purely spiritual offences.
439) Other traces occur in the Acts of Uniformity, which make offences of depraving the Book of Common Prayer triable at Assizes (between 23 Eliz.
In regard to clerical offences, 3 & 4 Vict.
C. 32) creates yet a new court of first instance for the trial of clerical offences against morality in the shape of a consistory court, which is not the old court of that name, but is to comprehend the chancellor and five assessors (three clergymen and two laymen chosen from a prescribed list), with equal power with the chancellor on questions of fact.
(7) Laymen can no longer be tried in the spiritual courts for offences against clerks.
(2) Discipline of the laity in respect of sexual offences as already stated.
It has cognizance of scandalous offences by laymen and punishes them by deprivation of religious privileges.
The subject matter of ecclesiastical jurisdiction in Russia during the whole patriarchal period included matrimonial and testamentary causes, inheritance and sacrilege, and many questions concerning the Church domains and Church property, as well as spiritual offences of clergy and laity (ib.).
He survived the reign of Henry VIII., that perilous age for the Howards, with no worse misadventure than the conviction of himself and his wife of misprision of treason in concealing the offences of his niece, Queen Catherine.
Actually, however, its activity, directed mainly to the discovery of political offences, degenerated into a hideous reign of terror.
Nor were these precautions by any means superfluous, for not a few princes died on the journey or were condemned to death and executed for real or imaginary offences.
Sir Francis Weston in a letter to his family almost acknowledges his guilt in praying for pardon, especially for offences against his wife;' Anne's own conduct and character almost prepare us for some catastrophe.
He convokes, prorogues and dissolves the chamber, sanctions laws, exercises the right of pardon in case of political offences, represents the island in its foreign relations and is chief of its military forces.
There are two assize courts at Canea and Candia respectively with jurisdiction in regard to serious offences (KaKOvpy17aaia).
Minor offences (1rX17gµeVillaTa) and civil causes are tried by courts of first instance in each of the five departments.
In this connexion we may note that the disturbances, mainly royalist but sometimes Jacobinical, in several districts of France enabled Bonaparte to propose the establishment in the troubled districts of special tribunals for the trial of all offences tending to disturb the general peace.
(6th of February 1801), it enabled the government to supersede the ordinary judicial machinery for political offences in no fewer than thirty-two departments.
He seems to have been guilty of various offences and to have got off with short terms of imprisonment by bribery; but the monstrous cruelty which popular tradition has attributed to him is purely legendary.
In 1269 James the Conqueror of Aragon, at the bidding of the pope, turned from the long Spanish Crusade to a Crusade in the East in order to atone for his offences against the law matrimonial.
9), violent and ecstatic exercises, ceremonial acts of bowing and kissing, the preparing of sacred mystic cakes, appear among the offences denounced by the Israelite prophets, and show that the cult of Baal (and Astarte) included the characteristic features of heathen worship which recur in various parts of the Semitic world, although attached to other names.5 By an easy transition the local gods of the streams and springs which fertilized the increase of the fields became identified with 2 Compounds with geographical terms (towns, mountains), e.g.
If he had not given a definite pledge to forgive the bishops who had taken part in the young king's coronation, he had at least raised expectations that he would overlook all past offences.
But the Princess Metternich continued to befriend him, and by 1861 she had obtained a pardon for his political offences, with permission to settle in any part of Germany except Saxony.
At the Restoration 700 Friends, imprisoned for contempt and some minor offences, were set at liberty.
Certain offences reduced the guilty persons to slavery (servi poenae), and they were employed in public work in the quarries or the mines.
A slave prison (ergastulum) was part of such an establishment, and there were slaves whose office it was to punish the offences of their fellows.
For certain alleged offences of the master the slave could bring an action, being represented for the purpose by an adsertor.
The senate is the court of trial for the president, officers of the cabinet, and provincial governors when accused of political offences.
They can impose fines for small offences not worth sending bef ore the inspector, and, in cases of high misdemeanour, have the power of inflicting corporal punishment.
In modern times Tribonian has been, as the master workman of Justinian's codification and legislation, charged with three offences - bad Latinity, a defective arrangement of the legal matter in the Code and Digest, and a too free handling of the extracts from the older jurists included in the latter compilation.
He may be impeached before the senate for his official acts and suspended from office, or tried by the supreme tribunal for criminal offences.
During the session of 1830 the chambers adopted a criminal code in which punishment by death for political offences was abolished.
In native cases the chiefs have civil jurisdiction in disputes among their own tribesmen and criminal jurisdiction over natives except in capital cases, offences against the person or property of non-natives, pretended witchcraft, cases arising out of marriages by Christian rites, &c. An appeal lies to a magistrates' court from every judgment of a native chief, and from the magistrates' judgment on such appeal to a native high court.
The judicial authorities in Hungary are: (1) the district courts with single judges (458 in 1905); (2) the county courts with collegiate judgeships (76 in number); to these are attached 15 jury courts for press offences.
So far as regards criminal offences, the maxim as to ignorantia juris admits of no exception, even in the case of a foreigner temporarily in England, who is likely to be ignorant of English law.
St Basil, for example, says: "I accept also the holy apostles, prophets and martyrs, and I call upon them for their intercession to God, that by them, that is by their mediation, the good God may be propitious to me, and that I may be granted redemption for my offences" (Epist.
One of the most important provisions was that the punishment for different offences was definitely fixed, instead of being left to the discretion of the judge before whom a case was tried.
The Highway Act of 1835 specified as offences for which the driver of a carriage on the public highway might be punished by a fine, in addition to any civil action that might be brought against him - riding upon the cart, or upon any horse drawing it, and not having some other person to guide it, unless there be some person driving it; negligence causing damage to person or goods being conveyed on the highway; quitting his cart, or leaving control of the horses, or leaving the cart so as to be an obstruction on the highway; not having the owner's name painted up; refusing to give the same; and not keeping on the left or near side of the road, when meeting any other carriage or horse.
In statutes dealing with offences connected with the highway, such as gaming, negligence of carriers, &c., "highway" includes navigable rivers.
Other Zulu chiefs were convicted of various offences and sentenced to imprisonment.
The members of this ecclesiola in ecclesia pledged themselves "to join together in the Christian profession, to follow Christ the Lord as the righteousness of his people, to walk together in brotherly love, and in the duties of it, in subjection to Mr Glas as their overseer in the Lord, to observe the ordinance of the Lord's Supper once every month, to submit themselves to the Lord's law for removing offences," &c. (Matt.
to give a pecuniary guarantee to ensure payment of fines for offences committed by any one of their number, a provision made necessary by the fact that the whole clan acted collectively.
At such competitions or Schulsingen judges were appointed, the so-called Merker, whose duty it was to criticize the competitors and note their offences against the rules of the Tabulatur.
Along with these crimes against religion went treason to the emperor, offences against the laws, especially counterfeiting, defraudation in taxes, seizure of confiscated property, evil conduct of imperial officers, &c. There is no formal definition of sacrilege in the code of Justinian but the conception remains as wide.
This position follows logically from the theory of English law that all offences are breaches of the king's peace.
There are other statutes dealing with special offences, e.g.
In the United States the president is empowered to pardon offences against the United States, except in cases of impeachments (U.
c. 9, which reserved to the ecclesiastical courts their jurisdiction over heresy and similar offences, and their power of awarding punishments not extending to death.
It is, therefore, as regards both the potestas ordinis and jurisdiction, substantially the same as other offences, the legality of the sentence being finally confirmed by the House of Lords on the 25th of January 1705.
In punishment for their offences they were bound back to back with snakes to a pillar in the lower world (Hyginus, Fab.
One of the objects of the expedition sent by Governor Thomas Gage to Lexington and Concord on April 18-19, 1775, was the capture of Adams and John Hancock, temporarily staying in Lexington, and when Gage issued his proclamation of pardon on June 12 he excepted these two, whose offences, he said, were "of too flagitious a Nature to admit of any other Consideration than that of condign Punishment."
Although punishment by whipping and by standing in the pillory was prohibited by an act of Congress in 1839, in so far as the Federal government had jurisdiction, both these forms of punishment were retained in Delaware, and standing in the pillory was prescribed by statute as a punishment for a number of offences, including various kinds of larceny and forgery, highway robbery, and even pretending " to exercise the art of witchcraft, fortune-telling or dealing with spirits," at least until 1893.
The whipping-post was in 1908 still maintained in Delaware, and whipping continued to be prescribed as a punishment for a variety of offences, although in 1889 a law was passed which prescribed that " hereafter no female convicted of any crime in this state shall be whipped or made to stand in the pillory," and a law passed in 1883 prescribed that " in case of conviction of larceny, when the prisoner is of tender years, or is charged for the first time (being shown to have before had a good character), the court may in its discretion omit from the sentence the infliction of lashes."
The former, which involved exclusion from participation in the eucharistic service and from the eucharist itself, though not from the so-called "service of the catechumens," was the usual punishment of comparatively light offences; the latter, which was the penalty for graver scandals, involved "exclusion from all church privileges," - a vague expression which has sometimes been interpreted as meaning total exclusion from the very precincts of the church building (inter hiemantes orare) and from the favour of God (Bingham, Antiquities of Christian Church, xvi.
2 provides that nothing shall prevent "any ecclesiastical court from pronouncing or declaring persons to be excommunicate on definite sentences pronounced as spiritual censures for offences of ecclesiastical cognizance."
The Reformed churches in England and America accepted the distinction between public and private offences.
The usual `provision is that private offences are to be dealt with according to the rule in Matt.
15-17; public offences are to be dealt with according to the rule in r Cor.
He was further entrusted by Augustus with a summary criminal jurisdiction over slaves and rioters, which was, however, gradually extended till in the time of Severus or even earlier it embraced all offences by whomsoever committed.
He exercised criminal jurisdiction in cases of incendiarism and offences committed against the law during the night, and in later times this jurisdiction was considerably extended.
They were feared, too, as ministers of the taboo and were entitled to pronounce a kind of excommunication for offences against its rules.
On the 24th of February 1848 he was chosen by the Republicans as a member of the provisional government, and as minister of justice he secured the decrees abolishing the death penalty for political offences, and making the office of judge immovable.
With the approval of the majority of a board of pardons (composed of the secretary of state, attorney-general and auditor), he may pardon offences or commute punishment, and remit fines and forfeitures.
Some better monumental illustration may some day be found, for it is clear that the Babylonian sacred literature had much to tell of offences against the gods in the primeval age.
He accused the bishop of favouring the Christological heresies of the Monarchians, and, further, of subverting the discipline of the Church by his lax action in receiving back into the Church those guilty of gross offences.
The famous expedition sent by General Thomas Gage of Massachusetts to Lexington and Concord on the 18th-19th of April 1775 had for its object, besides the destruction of materials of war at Concord, the capture of Hancock and Adams, who were temporarily staying at Lexington, and these two leaders were expressly excepted in the proclamation of pardon issued on the 12th of June by Gage, their offences, it was said, being "of too flagitious a nature to admit of any other consideration than that of condign punishment."
Peculations and disorderly conduct in the senate were the offences charged against Shafirov, and with some justice.
Thus foreigners in Siam, except Chinese who have no consul, could only be tried for criminal offences, or sued in civil cases, in their own consular courts.
He was as lenient with the offences iof the orthodox as he was rigid in suppressing heresy and schism.
Their judicial functions also brought profit to the priests, fines being exacted for certain offences and paid to them (2 Kings xii.
Estates belonging to the house of Habsburg-Lorraine, property illegally acquired, as well as the property of persons who during the war were guilty of gross offences against the Czechoslovak nation are taken for a compensation paid to the Reparation Commission at Vienna.
He took pleasure in displaying his power over the great, and in punishing them in the spiritual courts for moral offences.
The Merchandise Marks Act 1887 makes it an offence also to apply in trade a false description, as to the number, quantity, measure, gauge or weight of goods sold; and this Act appears to reach offences that the Weights and Measures Acts may perhaps not reach.
For such offences as witchcraft, fraud, removing landmarks, and adultery the criminal had his heart cut out on the altar, or his head crushed between two stones, while even lesser punishments were harsh, such as that of slanderers, whose hair was singed with a pine-torch to the scalp.
officers, the attorney-general, auditor, important administrative boards, coroners and certain naval and military officers; they have power to pardon offences; and they may exercise some control over expenditure through the constitutional requirement of the governor's warrant for drawing money from the treasury.
- Offences against the law ecclesiastical (not being crimes) committed by clergy of the Church of England as a rule come by letters of request from the bishop of the diocese before the arches court of Canterbury or the chancery court of York (of both of which the same person is judge).
Ordinary private law, including property, contracts, torts, family relations, offences, civil and criminal procedure.
The duties of churchwardens comprise the provision of necessaries for divine service, so far as the church funds or voluntary subscriptions permit, the collecting the offertory of the congregation, the keeping of order during the divine service, and the giving of offenders into custody; the assignment of seats to parishioners; the guardianship of the movable goods of the church; the preservation and repair of the church and churchyard, the fabric and the fixtures; and the presentment of offences against ecclesiastical law.
It disposes of the charges brought against Christians for secret crimes (incest, &c.) and public offences (contempt of the State religion and high treason), and asserts the absolute superiority of Christianity as a revealed religion beyond the rivalry of all human systems.
In May 1692 during the witchcraft delusion, on the accusation of some personal enemies in his former congregation who had sued him for debt, Burroughs was arrested and charged, among other offences, with "extraordinary Lifting and such feats of strength as could not be done without Diabolicall Assistance."
15-20) probably given to the Twelve, regarding offences against the peace of the society, advocating exclusion only when brotherly appeals had failed; (iii.) the commission of the whole ecclesia or of the Christian ministry (John xx.
These principles applied to all classes of society alike, and though strife within the family was by no means unknown, at all events in royal families, the actual slaying of a kinsman was regarded as the most heinous of all offences.
Accordingly many of them, while placing their hope for the future upon Messiah and His eagerly expected return in power, might seek assurance of present forgiveness of daily offences and cleansing of conscience in the old mediatorial system.
In 1526 the imprudent zeal of Robert Barnes had resulted in an ignominious recantation, and in 1527 Bilney, Latimer's most trusted coadjutor, incurred the displeasure of Wolsey, and did humiliating penance for his offences.
When both sat the court had summary criminal jurisdiction as regards all offences committed by knights, and generally as to military matters.
Attendant on them were the heralds, who were the officers of their military court, wherein offences committed in the camp and field were tried and adjudged, and among whose duties it was to carry orders and messages, to deliver challenges and call truces, and to identify and number the wounded and the slain.
year he was accused of peculation and other offences to the emperor, who caned him severely and deprived him of his plenipotentiary powers, despite his undeniable services in Persia, but for which Peter could never have emerged so triumphantly from the difficult Persian war of 1722-23.
The popular leaders fled, the form of government, as it existed at the end of the reign of Maria Theresa, and an amnesty for past offences was proclaimed; a superficial pacification of the revolted provinces was effected, and Austrian rule re-established.
The English law on the subject is now governed by the Offences against the Person Act 1861, which makes the attempting to cause miscarriage by administering poison or other noxious thing, or unlawfully using any instrument equally a felony, whether the woman be, or be not, with child.
In return for Wild's services in tracking down such thieves as he did not himself control, the authorities for some time tolerated the offences of his numerous agents, each a specialist in a particular kind of robbery, and so themselves strengthened his position.
Petty criminal cases are heard by the judge (Amtsrichter) sitting with two Schoffen assessorsselected by lot from the jury lists, who are competent to try prisoners for offences punishable with a fine, not exceeding 600 marks (~3o) or corresponding confinement, or with imprisonment not exceeding three months.
The first court of second instance is the Oberlandesgericht, which has an original jurisdiction in grave offences and is composed of seven judges.
Military offences come before the military court and serious offences before the Kriegsgericht.
The third law appointed a court for trying ecclesiastical offences, to which was given the right of suspending both priests and bishops, and a fourth determined the procedure necessary for those who wished to sever their connection with the Roman Catholic Church.
All the discontent and suspicion caused by this policy broke out with greater intensity when a fresh ~ attempt was made in 1900 to carry those clauses of the old Umsturz- Vorlage which dealt with offences against public morality.
The number of his enemies was increased by his successful attack on his Jesuit confessor Ribera, who with other members of the college of Milan was found to be guilty of unnatural offences.
Relating to Offences directly against the State (ypa¢ai rtoelwv &,o µarwv); such as treason, malversation in office, embezzlement of public moneys.
Causes relating to Military Offences (ypac ai XL1rora lov, ?wTparetas).
The Cruelty to Animals Acts 1849 and 1854 render liable to prosecution and fine practically any act of cruelty to an animal; such acts as dubbing a cock, cropping the ears of a dog or dishorning cattle, are offences.
Not all the sins named are equally heinous according to modern conceptions; many of them deal with petty offences against religious usages that seem to us but trifling.
2-11; (2) capital offences, xxi.
On two occasions the council advised the king to refuse him permission to leave England, but in 1437 he obtained a full pardon for all his offences.
An appeal to Austria met with little success, for the offences of the Uskoks were outweighed by their services against the Turks; while, if Minucci may be trusted, a share of their spoils, in silk, velvet and jewels, went to the ladies of the Archducal Court of Graz, where the matter was negotiated.
Offences were no longer against the individual and his kin, but against the king's peace, or against the peace of subordinate holders of courts - earls, thanes, barons, bishops and abbots.
The king and council were proclaimed judges in all cases; preachers were to submit to their judicature when accused of political offences, a standing cause of strife.
In the case of offences against individuals, either the person injured, or another member of his clan, would avenge the injury done.
For most offences there was some generally recognized punishment - such as death for murder or adultery; but often vengeance would fall upon another person instead of the wrongdoer.
The ignominy of such a proceeding was generally "considered sufficient atonement for the gravest offences.
But in December 1688 he was arrested at Sittingbourne and was imprisoned; then, having lost his mastership, he was charged at the bar of the House of Commons with changing his religion and with other offences.
It was resolved that the Word of God should be preached without disturbance, that indemnity should be given for past offences against the edict of Worms, and that meanwhile each state should live religiously as it hoped to answer for its conduct to God and the emperor.
Though, in accounting for the anger of the gods, no sharp distinction is made between moral offences and a ritualistic oversight or neglect, yet the stress laid in the hymns and prayers, as well as in the elaborate atonement ritual prescribed in order to appease the anger of the gods, on the need of being clean and pure in the sight of the higher powers, the inculcation of a proper aspect of humility, and above all the need of confessing one's guilt and sins without any reserve - all this bears testimony to the strength which the ethical factor acquired in the domain of the religion.
As for penal servitude, the punishment reserved for the gravest offences, great changes had been introduced.
One was the strict limitation of corporal punishment to offences of mutiny and gross personal violence to officers, where previously it might be inflicted for many forms of misconduct, and it can only now be adjudged under great restrictions.
It was feared that the removal of this powerful deterrent would adversely affect discipline, but on the contrary, the yearly average of prison offences has diminished from 147 to 131 per thousand prisoners, and it has been felt by the authorities that the limitation was salutary and wise.
The first of these divisions was akin to that of former first-class misdemeanants; the second division was allotted to persons guilty of trivial offences not amounting to moral depravity, the third division was apportioned to serious crime calling for severe repression, involving strict separation for the first twenty-eight days with "hard labour" (now an obsolete expression, since all prison labour is nowadays accounted "hard").
The bulk of the offences for which it is meted out are trivial and unimportant.
In it he suggested that the following reforms should be carried out, some by administrative order and some by future legislation: (1) time for the payment of fines inflicted for minor offences; (2) disciplinary treatment outside prison for all offenders under 21 years of age; (3) punishment of those guilty of offences not involving moral turpitude to be relieved of all degrading features; (4) the reduction of the period of solitary confinement to a maximum of one month; (5) and the abolition of the ticket-of-leave system.
India retains association as the system most suitable for its criminal classes, with other methods generally abandoned in Great Britain, such as the employment of wellconducted prisoners as auxiliaries in prison discipline and service; deportation is still the penalty for the worst offences and is carried out on a large scale and with satisfactory results in the Andaman Islands.
The federal government has no influence or control except for offences against the federal laws, regulating coinage, postal service, the revenue and so forth.
Each incorporated city or town has a municipal court for the trial of offences arising under its ordinances.
The courts over which the praetors presided, in addition to those of the city praetor and the foreign praetor, dealt with the following offences: oppression of the provincials by governors (repetundarum), bribery (ambitus), embezzlement (peculatus), treason (majestatis), murder (de sicariis et veneficis), and probably forgery (falsi).
He was called to the Irish bar in 1790, and quickly obtained a practice, principally as counsel for prisoners charged with political offences, and became the legal adviser of the leading United Irishmen.
The general dissatisfaction received a somewhat unguarded and intemperate expression in a letter sent to the justices of Marlborough by a gentleman of the neighbourhood, named Oliver St John, 6 in which he denounced the attempt to raise funds in this way as contrary to law, reason and religion, as constituting in the king personally an act of perjury, involving in the same crime those who contributed, and thereby subjecting all parties to the curses levelled by the church at such offences.
Finally, no religion has been without exhibitions of fanaticism and excess on the part of its followers, and if the Old Testament itself was the authority for witch-burning among Christians, it is no longer profitable to ask whether the Talmud was responsible for offences committed by or alleged against those whose lives were regulated by it.
Only the worst offences, however, at first draw down post-mortem punishment.
They punish all offences against the laws of human society, such as perjury, violation of the rites of hospitality, and, above all, the murder of relations.
They insisted on the restoration of the ancient Catholic customs, and would have made neglect of fasting and other sins of omission penal offences.
Various summary powers for dealing with street and other offences were conferred.
This was effected, and thus magisterial functions were completely separated from the duties of the executive police; for although the jurisdiction of the two justices, afterwards called commissioners, as magistrates extended to ordinary duties (except at courts of general or quarter sessions), from the first they took no part in the examination or committal for trial of persons charged with offences.
Their functions were in practice confined to the discipline of the force and the prevention and detection of offences, their action limited to having persons arrested or summoned to be dealt with by the ordinary magistrates, whose courts were not interfered with.
There are two main classes of police functions recognized by law, the administrative and the judicial police, the former engaged in the daily maintenance of peace and order and so preventing offences, the latter in the investigation of crime and tracing offenders; but the duties are necessarily performed to a great extent by the same agents.
All serious cases of crime are tried before a judge and jury, with the same formalities and safeguards as in England, while minor offences are dealt with by stipendiary magistrates possessing a limited statutory jurisdiction.
In the next place these people, thinly scattered over a wide extent of territory, had lived for long under little restraint from the laws, and when in 1815, by the institution of " Commissions of Circuit," justice was brought nearer to their homes, various offences were brought to light, the remedying of which caused much resentment.
An act passed in 1836 (the Cape of Good Hope Punishment Act) empowered the colonial courts to deal with offences committed by British subjects in any part of South Africa up to the 25th degree of south latitude.
Stringent penalties are provided for offences against the act.
DELATOR, in Roman history, properly one who gave notice (deferre) to the treasury officials of moneys that had become due to the imperial fisc. This special meaning was extended to those who lodged information as to punishable offences, and further, to those who brought a public accusation (whether true or not) against any person (especially with the object of getting money).
As early as 1505 one of Almeida's ships contained a crew of rustics unable to distinguish between port and starboard; soon afterwards it became necessary to recruit convicts and slaves, and in 1538 a royal pardon was granted to all prisoners who would serve in India, except criminals under sentence for treason and canonical offences.
He remained in power during five years of unbroken peace (1851-1856), and carried many useful reforms. The most important of these was the so-called Additional Act of the 5th of July 1852, which amended the charter of 1826 by providing for the direct election of deputies, the decentralization of the executive, the creation of representative municipal councils, and the abolition of capital punishment for political offences.
Besides assisting British subjects who are tried for offences in the local courts, and ascertaining the humanity of their treatment after sentence, he has to consider whether home or foreign law is more appropriate to the case, having regard to the convenience of witnesses and the time required for decision; and, where local courts have wrongfully interfered, he puts the home government in motion through the consul-general or ambassador.
22 -45); (5) The teaching by parables (xiii.); (6) On offences (xviii.); (7) Concerning the Scribes and Pharisees (xxiii.); (8) On the Last Things (xxiv., xxv.).
Society may have at one time been matrilinear in the communities that become the historic Hellenes; but of this there is no trace in the worship of Zeus and Hera.18 In fact, the whole of the family morality in Hellas centred in Zeus, whose altar in the courtyard was the bond of the kinsmen; and sins against the family, such as unnatural vice and the exposure of children, are sometimes spoken of as offences against the High God.I" He was also the tutelary deity of the larger organization of the phratria; and the altar of Zeus c Pparpcos was the meetingpoint of the phrateres, when they were assembled to consider the legitimacy of the new applicants for admission into their circle.20 His religion also came to assist the development of certain legal ideas, for instance, the rights of private or family property in land; he guarded the allotments as Zein KAdpcos,2' and the Greek commandment " thou shalt not remove thy neighbour's landmark " was maintained by Zeus " Opcos, the god of boundaries, a more personal power than the Latin Jupiter Terminus.22 His highest political functions were summed up in the title IIoXtfin, a cult-name of legendary antiquity in Athens, and frequent in the Hellenic world.23 His consort in his political life was not Hera, but his daughter Athena Polias.
The court of oyer and terminer is a higher criminal court, and has cognizance of all crimes and offences whatever.
The governor was chosen by the joint vote of the council and assembly; he was president of the council, with a casting vote; he was chancellor, captain-general and commander-in-chief of the militia; he had three members of the legislature to act as a privy-council; and he, with the council (of which seven formed a quorum), constituted " the Court of Appeals in the last resort in all causes of law, as heretofore," which, in addition, had " the power of granting pardons to criminals, after condemnation, in all cases of treason, felony or other offences."
COURT LEET, an English petty criminal court for the punishment of small offences.
Corrupt and illegal practices at the election are forbidden by a statute passed in the year 1894, which imposes heavy penalties and disqualifications for the offences which it creates.
These offences include not only treating, undue influence, bribery and personation, but certain others, of which the following are the chief.
any special powers or duties, although, as a matter of fact, prosecutions for offences are usually undertaken by the district councils, and the expenses of the execution of the acts are paid out of their funds.
In Cumberland and Kennebec counties there is a superior court presided over by one justice and having extensive civil and criminal jurisdiction; and in each of the counties there are a probate court for the settlement of the estates of deceased persons and courts of the trial justice and the justice of the peace for the trial of petty offences and of civil cases in which the debt or damage involved does not exceed $20.
Thus the Brahmans were offended at the prohibition of suttee and female infanticide, the execution of Brahmans for capital offences, the re-marriage of widows, the spread of missionary effort and the extension of Western education.
An appeal from these lies to the departmental courts, which sit in every capital of a department, and in which sessions are held, at stated times, for the trial by jury of serious offences.
Three electoral colleges were formed instead of four; a considerable addition R of the was made to the numbers of the senate and chamber; Consti- trial by jury was established for press offences, except those committed against the royal family and the 1883-84.
After a public trial before the Holy Synod, he was found guilty of certain canonical offences, and sentenced to be deposed.
The convention of 1861, by maintaining continuous government, had saved the state from anarchy and from reconstruction by the national power; but an ironclad test oath (it required denial of forty-five distinct offences) was provided, to be taken by all voters, state, county and municipal officers, lawyers, jurors, teachers and clergymen.
The judiciary was irremovable, and trial by jury was allowed for criminal offences.
Previous to 1886 the crime of murder was only punishable by 10 years' imprisonment, a sentence which in practice was reduced to two-thirds of that term; slander and libel were formerly offences which the law had no power to restrain, and no responsibility attached to seditious publications.
The right of the secular tribunals to take cognizance of the offences of ecclesiastics had been asserted in two remarkable cases; and the scope of two ancient laws of the city of Venice, forbidding the foundation of churches or ecclesiastical congregations without the consent of the state, and the acquisition of property by priests or religious bodies, had been extended over the entire territory of the republic. In January 1606 the papal nuncio delivered a brief demanding the unconditional submission of the Venetians.
So despotic did the tyranny become in the West, that in the time of Charlemagne it was necessary to restrain abbots by legal enactments from mutilating their monks and putting out their eyes; while the rule of St Columban ordained loo lashes as the punishment for very slight offences.
In this court all offences against the forest laws may be tried, but no judgment or punishment follows.
This is reserved for the justice-seat, held every third year, to which the rolls of offences presented at the court of attachment, and tried at the swainmote, are presented by verderers.
The regarders were of the nature of visitors: their duty was to make a regard (visitatio nemorum) every third year, to inquire of all offences, and of the concealment of such offences by any officer of the forest.
The woodward was the officer who had the care of the woods and vert and presented offences at the court of attachment.
But it should be noted that the primary reference of "binding and loosing" is, according to rabbinical usage, rather to the laying down of rules than to condoning breaches of them; and nothing is said to confine the words "Whose soever sins ye forgive" to the offences of Christians already baptized, and they should be held to include preaching the Gospel and baptizing converts as well as the administration of internal discipline.
It consisted of a small committee of ministers, privy councillors and judges, which sat to deal with offences that seemed to lie outside the scope of the common law, or more frequently with the misdoings of men who were so powerful that the local courts could not be trusted to, execute justice upon them, such as great landowners, sheriffs and other royal officials, or turbulent individuals who were the terror of their native districts.
Like him, armed with bow and arrows, she deals death to mortals, sometimes gently and suddenly, especially to women, but also as a punishment for offences against herself or morality.
The advocates of Louis could plead that all his actions down to the dissolution of the National Assembly came within the amnesty then granted, and that the Constitution had proclaimed his person inviolable, while enacting for certain offences the penalty of deposition which he had already undergone.
It was an extraordinary court, destined to try all offences against the Revolution without appeal.
For all offences the penalty was to be death.
He was sent as a representative on missions into the departments of the Somme and Pas-de-Calais, where he showed great severity in dealing with offences against revolutionaries (8th Brumaire, year II.
Whatever Le Bon's offences, his condemnation was to a great extent due to the violent attacks of one of his political enemies, Armand Guffroy; and it is only just to remember that it was owing to his courage that Cambrai was saved from falling.
Moreover, the belief that the justice of punishment depends upon the responsibility of the criminal for his past offences and the admission of the moral consciousness that his previous wrong-doing was freely chosen carries with it, so it is argued, consequences which the libertarian moralist might be willing to accept with reluctance.
This formal and regulated " penitence " was extended from apostasy to other grave - or, as they were subsequently called, " deadly " - sins; while for minor offences all Christians were called upon to express contrition by fasting and abstinence from ordinarily permitted pleasures, as well as verbally in public and private devotions.
As the graduation of these sanctions naturally became more minute, a correspondingly detailed classification of offences was rendered necessary, and thus a system of ecclesiastical jurisprudence was gradually produced, somewhat analogous to that of Judaism.
Some offences, such as making promises with the intention of breaking them, we cannot even conceive universalized; as soon as every one broke promises no one would care to have promises made to him.
As compared with the earlier assize it prescribes greater severity of punishment for criminal offences; arson and forgery were henceforth to be crimes about which the jurors are to enquire; and those who failed at the ordeal were to lose a hand as well as a foot.
This statute, after being repealed in 1828, was re-enacted and reproduced in the Offences against the Person Act 1861.
The Offences against the Person Act 1861 changed deportation to penal servitude.
The old laws among the Hova were very barbarous in their punishments, and death in various cruel forms was inflicted for very trifling offences.
The decision was entirely in favour of Caecilian, and Donatus was found guilty of various ecclesiastical offences, An appeal was taken and allowed; but the decision of the synod of Arles in 314 not only confirmed the position of Caecilian, but greatly strengthened it by passing a canon that ordination was not 1 There were three prominent men named Donatus connected with the movement - Donatus of Casae Nigrae; Donatus surnamed Magnus, who succeeded Majorinus as the Donatist bishop of Carthage; and Donatus of Bagoi, a leader of the circumcelliones, who was captured and executed c. 350.
Trial by jury was re-established for most crimes and offences.
The mayor and a serjeant-at-mace were to be elected by the commonalty, and an independent borough court was established for the trial of all civil actions and criminal offences.
organized his non-Moslem subjects in communities, or millets, under ecclesiastical chiefs to whom he gave absolute authority in civil and religious matters, and in criminal offences that did not come under the Moslem religious law.
Though for a long time they were callous wreckers and pirates, and cruel, and though they show great want of feeling in the "devil murders" - ceremonial murders of one of themselves for grave offences against the community, which are now being gradually put down - still on the whole the Nicobarese are a quiet, inoffensive people, friendly to each other, and not quarrelsome, and by inclination friendly and not dangerous to foreigners.
So he put civil servants, professors and students into uniform, and for little offences had them marched to the guard-house; thought was disciplined by the censorship, the army by an unceasing round of parades and inspections.
Thus he resisted all Metternich's efforts to draw him into his "system"; stoutly maintained the doctrine of non-intervention against the majority of the Powers of the continental alliance; protested at the congress of Troppau against the suggested application of the principle of intervention to the States of the Church; and at Verona joined with Tuscany in procuring the rejection of Metternich's proposal for a central committee, on the model of the Mainz Commission, to discover and punish political offences in Italy.
In penal cases its jurisdiction extends to all offences of the class known as dClitsoffences punishable by a more serious penalty than the contraventions dealt with by the juge de paix, but not entailing such heavy penalties as the code applies to crimes, with which the assize courts (see below) deal.
There are (I) the maison darrlt, temporary places of durance in every arrondissement for persons charged with offences, and those sentenced to more than a years imprisonment who are awaiting transfer to a maison centrale; (2) the maison de justice, often part and parcel of the former, but only existing in the assize court towns for the safe custody of those tried or condemned at the assizes; (3) departmental prisons, or inaisons de correction, for summary convictions, or those sentenced to less than a year, or, if provided with sufficient cells, those amenable to separate confinement; (4) maisons centrales and pnitenciers agricoles, for all sentenced to imprisonment for more than a year, or to hard labor, or to those condemned to travaux forces for offences committed in prison.
regulate the amount of fines imposed for offences against the law.
In both cases, apparently, an oecumenical synod ignored the Roman deposition and judged the alleged offences of the respective patriarchs in first and last instance.
The criminal jurisdiction of courts Christian over laymen included, besides these " perjuries," (a) all sexual of f ences not punishable on indictment; (b) Defamation of character (the king's courts came in time to limit this to such defamation as could not be made the subject of a temporal action); (c) Offences by laymen against clerks (i.e.
Punishments of a mixed nature were: (e) Suspension either from office alone or from office and benefice; (f) Deprivation of benefice; (g) Deposition or Degradation (a more solemn and ceremonial form) from the ministry; (h) Irregularity - not always a punishment - a state of incapacity to be ordained, or, being ordained, to execute the ministry; this might result from some defect of mind and body, but was also incurred by some grave offences.
These countries have created a hierarchy of temporal courts competent to deal with every matter of which law takes cognizance, and a penal code which embraces and deals with all crimes or delicts which the state recognizes as offences.
It is the supreme court of cassation (see Judicial System, below); an audit office, a high court of justice for all political offences; one of its departments fulfils the functions of a heralds' college.
This diversity of jurisdiction, and subjection of the clergy only to the sentences of judges bribed by their esprit de corps to judge leniently, led to the adoption of a scale of punishments for the offences of clerks avowedly much lighter than that which was inflicted for the same crimes on laymen; and this in turn led to the survival in England, long after the Reformation, of the curious legal fiction of benefit of clergy (see below), used to mitigate the extreme harshness of the criminal law.
The jurisdiction jurisdiction J in criminal matters was transferred by the Offences at Sea Act 1536 to the admiral or his deputy and three or four other substantial persons appointed by the lord chancellor, who were to proceed according to the course of the common law.
The Offences at Sea Act 1536 states the objection to this application of the civil law to the trial of criminal cases with much force: "After the course of the civil laws, the nature whereof is that before any judgment of death can be given against the offenders, either they must plainly confess their offences (which they will never do without torture or pain), or else their offences be so plainly and directly proved by witness indifferent such as saw their offences committed, which cannot be gotten but by chance at few times."
and President and Judge of the same," and gives to him power to take cognizance of "all causes, civil and maritime, also all contracts, complaints, offences or suspected offences, crimes, pleas, debts, exchanges, accounts, policies of assurance, loading of ships, and all other matters and contracts which relate to freight due for the use of ships, transportation, money or bottomry; also all suits civil and maritime between merchants or between proprietors of ships and other vessels for matters in, upon, or by the sea, or public streams, or fresh-water ports, rivers, nooks and places overflown whatsoever within the ebbing and flowing of the sea and high-water mark, or upon any of the shores or banks adjacent from any of the first bridges towards the sea through England and Ireland and the dominions thereof, or elsewhere beyond the seas."
In March 1906 a motion censuring Lord Milner for an infraction of the Chinese labour ordinance, in not forbidding light corporal punishment of coolies for minor offences in lieu of imprisonment, was moved by a Radical member of the House of Commons.
15 a to highway may be caused by encroachment, by interfering with the soil of the highway, by attracting crowds, by creating danger or inconvenience on or near the highway, by placing obstacles on the highway, by unreasonable user, by offences against decency and good order, &c.
The Salic Law is pre-eminently a penal code, which shows the amount of the fines for various offences and crimes, and contains, besides, some civil law enactments, such as the famous chapter on succession to private property (de alode), which declares that daughters cannot inherit land.
Having made careful investigations, Gladstone, on the 7th of April 1851, addressed an open letter to Lord Aberdeen, bringing an elaborate, detailed and horrible indictment against the rulers of Naples, especially as regards the arrangements of their prisons and the treatment of persons confined in them for political offences.
But after the establishment of the Inquisition" heresy and sorcery were regarded as correlates, like two agencies resting on and serviceable to the demoniacal powers, and were therefore treated in the same way as offences to be punished with torture and the stake "(Kurtz, Church History, ii.
A benefice is avoided or vacated - (1) by death; (2) by resignation, if the bishop is willing to accept the resignation: by the In cumbents' Resignation Act 1871, Amendment Act 188 7, any clergyman who has been an incumbent of one benefice continuously for seven years, and is incapacitated by permanent mental or bodily infirmities from fulfilling his duties, may, if the bishop thinks fit, have a commission appointed to consider the fitness of his resigning; and if the commission report in favour of his resigning, he may, with the consent of the patron (or, if that is refused, with the consent of the archbishop) resign the cure of souls into the bishop's hands, and have assigned to him, out of the benefice, a retiring-pension not exceeding one-third of its annual value, which is recoverable as a debt from his successor; (3) by cession, upon the clerk being instituted to another benefice or some other preferment incompatible with it; (4) by deprivation and sentence of an ecclesiastical court; under the Clergy Discipline Act 1892, an incumbent who has been convicted of offences against the law of bastardy, or against whom judgment has been given in a divorce or matrimonial cause, is deprived, and on being found guilty in the consistory court of immorality or ecclesiastical offences (not in respect of doctrine or ritual), he may be deprived or suspended or declared incapable of preferment; (5) by act of law in consequence of simony; (6) by default of the clerk in neglecting to read publicly in the church the Book of Common Prayer, and to declare his assent thereto within two months after his induction, pursuant to an act of 1662.
The important article is as follows:-- "The Censures so appointed by Christ, are Admonition and Excommunication; and whereas some offences are or may be known onely to some, it is appointed by Christ, that those to whom they are so known, do first admonish the offender in private: in publique offences where any sin, before all; or in case of non-amendment upon private admonition, the offence being related to the Church, and the offender not manifesting his repentance, he is to be duely admonished in the Name of Christ by the whole Church, by the Ministery of the Elders of the Church, and if this Censure prevail not for his repentance, then he is to be cast out by Excommunication with the consent of the Church."
The Treasons Act, terrible in its operation, included among capital offences that of declaring in words or writing the king to be " a heretic, schismatic, tyrant, infidel or usurper."
The law deals with the constitution of the local senates, for whose members qualifications of age (30 years) and military service are laid down, while persons who have suffered conviction for various specified offences, or who are insolvent, or who carry on discreditable or immoral trades are excluded.
§ 9, and first ten amendments): It may not suspend the writ of habeas corpus (except in time of war or public danger) or pass a bill of attainder or an ex post facto law; give any state a commercial preference over another; grant any title of nobility; establish or prohibit any religion, or impose any religious test as a condition of holding office; abridge the freedom of speaking or writing, or of public meeting, or of bearing arms; try any person for certain offences except on the presentment of a grand jury, or otherwise than by a jury of his state and district; decide any common law action where the value in dispute exceeds $20 except by a jury.
But expulsion is only resorted to in cases where members are guilty of offences rendering them unfit for a seat in the House, such as being in open rebellion, being guilty of forgery, perjury, fraud or breach of trust, misappropriation of public money, corruption, conduct unbecoming the character of an officer and a gentleman, &c. It is customary to order the member, if absent, to attend in his place, before an order is made for his expulsion (see May, Parliamentary Practice, 1906, p. 56 seq.).
In certain designated matters they enjoy criminal jurisdiction, inclu,ding, since 1900, offences against the bankruptcy laws.
Eighty-three per cent of the annual convictions, summarily and on indictment, followed by committal to gaol, are for misconduct that is distinctly non-criminal, such as breaches of municipal by-laws and police regulations, drunkenness, gaming and offences under the vagrancy acts.
The notes' bearing upon the interview which he obtained with the king show that he had begun to see more clearly the nature and extent of the offences with which he was charged, that he now felt it impossible altogether to exculpate himself, and that his hopes were directed towards obtaining some mitigation of his sentence.
dealt with, the enemys towns were spared, except when grave offences and insurrections, as at Miletus and Athens, rendered punishment imperative; and their inhabitants were treated with mildness.
He at once offered in the name of the young king pardon and oblivion of offences to all the insurgent barons.
Crime.-The following table shows the number of persons committed for trial, convicted and acquitted in Ireland in 1886, 1891, 1900 and 1905: Of rthe 1367 convicted in 1905, 375 were charged with offences against the person, 205 with offences against property with violence, 545 with offences against property without violence, 52 with malicious injury to property, 44 with forgery and offences against the currency, and 146 with other offences.
The penal tribunals have jurisdiction in cases involving imprisonment up to ten years, or a fine exceeding 40, while the assize courts, with a jury, deal with offences involving imprisonment for life or over ten years, and have exclusive jurisdiction (except that the senate is on occasion a high court of justice) over all political offences.
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