diately against public trade; as that cannot be carried on without a punctilious regard to common honesty, and faith between man and man. Hither therefore may be referred that prodigious multitude of statutes, which are made to restrain and punish déceits in particular trades, but which are chiefly of use among the traders themselves. The general punishment for all frauds of this kind, if indicted (as they may be) at common law, is by fine and imprisonment. Lastly, any deceitful practice, in cozening another by artful means, whether in matters of trade or otherwise, as by playing with false dice, or the like, is punishable with fine, imprisonment, and pillory. And, if any man defraud another of any valuable chattels by colour of any false token, counterfeit letter, or false pretence, or pawns or disposes of another's goods without the consent of the owner, he shall suffer such punishment by imprisonment, fine, pillory, transportation, whipping, or other corporal pain, as the courts shall direct.

6. The offence of forestalling the market is also an offence against public trade. This, which (as well as the two following) is also an offence at common law, was described by statute 5 & 6 Edward VI. c. 14. to be the buying or contracting for any merchandize or victual coming in the way to market; or dissuading persons from bringing their goods or provisions there; or persuading them to enhance the price, when there: any of which practices make the market dearer to the fair trader.

7. Regrating was described by the same statute to be the buying of corn, or other dead victual, in any market, and selling it again in the same market, or within four miles of the place. For this also enhances the price of the provisions, as every successive seller must have a successive profit.

8. Engrossing was also described to be the getting into one's possession, or buying up, large quantities of corn or other dead victuals, with intent to sell them again. This must of course be injurious to the public, by putting it in the power of one or two rich men to raise the price of provisions at their own discretion. And so the total engrossing of any other commodity, with intent to sell it at an unreasonable price, is an offence indictable and finable at the common law. .

9. Monopolies are much the same offence in other branches of trade, that engrossing is in provisions being a licence or privilege allowed by the king for the sole buying and selling, making, working or using of any thing whatsoever, whereby the subject in general is restrained from that liberty of manufacturing or trading which he had before; but these were in a great measure remedied by statute 21 Jac. I. c. 3. which declares such monopolies to be contrary to law and void; except as to patents, not exceeding the grant of fourteen years, to the authors of new inventions, and except also patents concerning printing, salt-petre, gunpowder, great ordnance and shot) and monopolists are punished with the forfeiture of treble

damages and double costs, to those whom they attempt to disturb. Combinations also among victuallers or artificers, to raise the price of provisions, or any commodities, or the rate of labour, are in many cases severely punished by particular

statutes.

10. To exercise a trade in any town, without having previously served as an apprentice for seven years, is looked upon to be detrimental to public trade, upon the supposed want of sufficient skill in the trader; and therefore is punished by statute 5 Eliz. c. 4. with the forfeiture of forty shillings by the month.

11. Lastly, to prevent the destruction of our home manufactures, by transporting and seducing our artists to settle abroad, it is provided, by statute 5 Geo. I. c. 27. that such as so entice or seduce them shall be fined L. 100. and be imprisoned three months; and for the second offence shall be fined at discretion, and be imprisoned a year: and the artificers, so going into foreign countries, and not returning within six months after warning given them by the British ambassador where they reside, shall be deemed aliens, and forfeit all their lands and goods, and shall be incapable of any legacy or gift. And any person exporting any tools or utensils used in the silk, linen, cotton, or woollen manufactures, (excepting wool-cards to North America) he forfeits the same and L. 200. and the captain of the ship (having knowledge thereof) L. 100. and if any captain of a king's ship, of officer of the customs, knowingly suffers such

exportation, he forfeits L. 200. and his employment; and is for ever made incapable of bearing any public office and every person collecting such tools or utensils, in order to export the same, shall on conviction at the assizes forfeit such tools, and also L.200.

CHAPTER XIII.

OF OFFENCES AGAINST THE PUBLIC HEALTH, AND THE PUBLIC POLICE OR ECONOMY.

THE fourth species of offences, more especially affecting the commonwealth, are such as are against the public health of the nation.

1. The first of these offences is a felony. For, by statute 1 Jac. I. c. 31. it is enacted, that if any person, infected with the plague, or dwelling in any infected house, be commanded by the lord mayor or constable, or other head officer of his. town or vill, to keep his house, and shall venture to disobey it, and goes abroad, and converses in company, if he has no plague sore upon him, he shall be punished as a vagabond by whipping, and be bound to his good behaviour; but if he has any infectious sore upon him uncured, he then shall be guilty of felony. The method of performing quarantine, or forty days probation, by ships coming from infected countries, is put in a much more regular and effectual order than

formerly; and masters of ships coming from infected places, and disobeying the directions there given, or having the plague on board and concealing it, are guilty of felony without benefit of clergy. The same penalty also attends persons escaping from the lazarets, or places wherein quarantine is to be performed; and officers and watchmen neglecting their duty; and persons conveying goods or letters from ships performing quarantine.

2. A second, but much inferior species of offence against public health, is the selling of unwholesome provisions. To prohibit the sale of corrupted wine, contagious or unwholesome flesh, or flesh that is bought of a jew; under pain of amercement for the first offence, pillory for the second, fine and imprisonment for the third, and abjuration of the town for the fourth. And, by the statute 12 Car. I. c. 25. § 11. any brewing or adulteration of wine is punished with the forfeiture of L.100. if done by the wholesale merchant; and L.40. if done by the vintner or retail trader.

V. The last species of offences which especially affect the commonwealth are those against the public police and economy. By the public police and economy I mean the due regulation and domestic order of the kingdom: whereby the individuals of the state, like members of a wellgoverned family, are bound to conform their general behaviour to the rules of propriety, good neighbourhood, and good manners; and to be decent, industrious, and inoffensive in their respec