ny, which gives frequently a taint to their manners of the most injurious nature. The result is, that their master, without reflecting that he himself was the cause of their idleness, withdraws his confidence, and turns them adrift after their time expires, if not before and in the end ruin, as might well be expected, inevitably ensues. Ibid. Another cause of degeneracy among apprentices and youth in general is the love of private-theatricals. How many Apprentices, Clerks, Sons, &c. have robbed their masters and fathers for the indulgence of this passion? Some time ago magistrates were assiduous in suppressing this evil, but they are now pleased to connive at this great nursery of vice. Editor. In London private theatres are opened and conducted by needy adventurers, for the reception of infatuated Clerks, Apprentices, &c. who probably might have shone in the respective stations of life for which they were intended, but thus unfortunately are courted to a profession for which they are by no means calculated; for it is well known not one in twenty that belongs to a London private theatre is fit to appear on public boards, both through the want of instruction and imbibing erroneous habits. It is surprising that those learned gentlemen who could see the impropriety of Opera Dancers and the sin of Sunday Newspapers could not perceive this greatest evil, and have endeavoured to prevent it; an evil which has already brought youth to the gallows! Thespian Dictionary. ARRESTS FOR FELONY. The Statue of 5 Edward III. cap. 14, (anno 1332) empowers Constables " to arrest persons suspected of man-slaughter, felonies, and rob beries, beries, and to deliver them to the Sheriff, to be kept in prison till the coming of the Justices:" and another Act of the 34th of the same reign, cap. 1, (made anno 1316,) empowers Justices, (inter alia,) 66 to inquire after wanderers, to arrest and imprison suspicious persons, and to oblige persons of evil fame to give security for their good behaviour; so that the People may not be troubled by rioters, nor the peace. blemished, nor merchants and others travelling on the highways be disturbed or put in peril by such offenders. By the common law, every person commiting a felony may be arrested by any person whomsoever present at the fact, who may secure the prisoner in gaol, or carry him before a Magistrate, and if a prisoner thus circumstanced, resists and refuses to yield, those who arrest will be justified in beating him, or, in case of absolute necessity, even killing him. In artesting persons on suspicion of a felony, actually committed, common fame has been adjudged to be a reasonable cause. There are four methods, known in law, by which Officers of Justice, as well as private individuals, may arrest persons charged with felony.- -1. By the warrant of a Magistrate.- 2. By an Officer without a warrant.-3. By a Private Person without a warrant:-And 4. By Hue-and-Cry. When a warrant is received by an Officer, he is bound to execute it, so far as the jurisdiction of the Magistrate and himself extends.-But the Constable having great original and inherent authority,may, without warrant, apprehend any person for a breach of the Peace and in case of felony, actually committed, he may, on probable suspicion, arrest the felon and for that purpose (as upon the warrant of a Magistrate,) he is authorized to break open doors, : and even justified in killing the felon, if he cannot otherwise be taken. All persons present, when a felony is committed, are bound to arrest the felon, on pain of fine and imprisonment, if he escapes through negligence of the by-standers; who will (the same as a constable) in such case be justified in breaking open doors, to follow such felon, and even to kill him if he cannot be taken otherwise. The other species of arrest is called Hue-and-Cry, which is an alarm raised in the country upon any felony being committed, This was an ancient practice in use as far back as the reign of Edward the First, (1285) by which in the then infant state of society, it became easy to discover criminal persons flying from justice. However doubtful the utility of this ancient me. thod of detecting offenders may be, in a great Me tropolis, in the present extended state of Society, it is plain, that it has been considered as an important regulation of Police so late as the 8th George II. (1735) since it was enacted in that year, (stat. 8, George II. cap. 16.) that the Constable who neglects making hue-and-cry, shall forfeit five pounds; and even the district is liable to be fined (according to the law of Alfred) if the felony be committed therein, and the felon escapes. This, however, applies more particularly to the country, and where the practice cannot fail to be useful in a certain degree. When a hue-and-cry is raised, every person, by command of the Constable, must pursue the felon, on pain of a fine and imprisonment. In this pursuit also, Constables may search suspected houses if the doors be open; but unless the felon is actually in the house, it will not be justifiable to use force; nor even then, except where admittance has been demanded and refused. A Constable, even without any warrant, may break open a door for the purpose of apprehending a felon; but to justify this measure, he must not only shew that the felon was in the house, but also that access was denied after giving notice that he was a Constable, and demanding admittance in that capacity. In the execution of the warrant of a Magistrate, the Officer is certainly authorized to break open the doors of the felon, or of the house of any person where he is concealed.-The first is lawful under all circumstances; but forcibly entering the house of a stranger may be considered as a trespass, if the felon should not be there. Colquhoun. ARSON, OR ARSONRY, A very atrocious offence-it is defined to be the malicious burning of a House of another either by night or by day. It is in this case a capital offence; but if a man burns his own house, without injuring any other, it is only a misdemeanor, punishable by fine, imprisonment, or the pillory By the 23d of Henry the Eighth, cap. 1. the capital part of the offence is extended to persons, whether principals or accessaries,) burning dwelling houses; or barns wherein corn is deposited; and by the 43d of Elizabeth, cap. 13, burning barns or stacks of corn in the four northern counties, is also made Felony without Benefit of Clergy. By the 22d and 23d of Car. II cap. 7, it is made felony to set fire to any stack of corn, hay, or grain; or other out buildings, or kilns, maliciously, in the night time; punishable with transportation for seven years. By By the 1st George 1. cap. 48, it is also made single felony to set fire to any wood, underwood, or coppice. Other burnings are made punishable with death, without Benefit of Clergy, viz. Setting fire to any house, barn, or outhouse, or to any hovel, cock, mow, or stack of corn, straw, hay, or wood: or the rescuing any such offender: 9 George I. cap. 22.-Setting fire to a coal-mine: 10 George II. cap. 32. Burning, or setting fire to any wind-mill, water-mill, or other mill; (as also pulling down the same :) 9 George III. cap. 29; but offender must be prosecuted within eighteen months. Burnning any ship; to the prejudice of the owners, freighters, or underwriters: 22 and 23 Charles II. cap. 11; 1 Anne, stat. 2. cap. 9; 4 George I. cap. 12. Burning the King's ships of war afloat, or building or the Dock-yards, or any of the buildings, arsenals, or stores therein: 12 George III. cap. 24. And finally, Threatening by anonymous or fictitious letters to burn houses, barns, &c. is by the Act 27 George II. cap. 15, also made felony without Benefit of Clergy. Colquhoun. : ASSASINATION. See CHAIN, AND MURDER. ATHENIAN LAW RESPECTING THEFT. By the Athenian Law, the crime of Theft was punished by paying double the value of what was stolen, to the party robbed; and as much more to the Public. Colquhoun. ATHENIAN LAW RESPECTING SELF-MURDER. The Athenian Law ordained that persons guilty of Self Murder should have the hand cut off that did the murder and buried in a place separate from the body but this seems of little consequence. Colquboun C 3 AUC |