COMMISSION.

VICTORIA, by the Grace of God, of the United Kingdom of Great Britain and Ireland, Queen, Defender of the Faith. To Our right trusty and wellbeloved Councillor, Sir Edward Ryan, Knight, and Our trusty and wellbeloved Thomas Starkie, Robert Vaughan Richards, Henry Bellenden Ker, and Andrew Amos, Esquires, Greeting: WHEREAS His late Majesty King William the Fourth did, by His Letters Patent bearing date the Twentythird day of July, in the Fourth Year of His Reign, appoint you the said Thomas Starkie, Henry Bellenden Ker, and Andrew Amos, together with William Wightman and John Austin, Esquires, to be his Commissioners for the purpose (amongst other things) of digesting into one Statute all the Statutes and Enactments touching Crimes, and the trial and punishment thereof, and also digesting into one other Statute all the provisions of the Common or unwritten Law touching the same, and for the purpose of inquiring and reporting how far it might be expedient to combine both these Statutes into one Body of the Criminal Law, repealing all other Statutory Provisions, or how far it might be expedient to pass into a Law the first mentioned only of the said Statutes: And whereas His said late Majesty did, by His Letters Patent, bearing date the Twenty-first day of October, in the Seventh year of His Reign, after revoking and determining the said first hereinbefore recited Letters Patent, appoint you the said Thomas Starkie, Henry Bellenden Ker, and Andrew Amos, and the said William Wightman, together with David Jardine, Esquire, to be His Commissioners for the purposes aforesaid: And whereas We did by our Letters Patent, bearing date the Twenty-sixth day of October, in the First year of Our Reign, after revoking and determining the said last hereinbefore recited Letters Patent of His said late Majesty, appoint you the said Thomas Starkie, Henry Bellenden Ker, and Andrew Amos, and the said William Wightman and David Jardine to be our Commissioners for the purposes aforesaid: And whereas the said Commissioners have from time to time, in obedience to the said several recited Letters Patent, made Reports containing, amongst other things, a Digest of the written and unwritten Law relating to the definition of Crimes and Punishments, accompanied by suggestions for such partial alterations as they considered to be necessary, and are about to make a Report on Criminal Procedure, with a Digest of the existing Law relating thereto : Now KNOW YE, that We have revoked and determined, and by these Presents do revoke and determine our said recited Letters Patent, and every Clause, Article, and thing therein contained: And further Know YE, That We, reposing great trust and confidence in your zeal and ability, have authorized and appointed, and by these Presents do authorize and appoint you the said Thomas Starkie and Henry Bellenden Ker to complete the said Report on Criminal Procedure, with a Digest of the Law relating thereto, and you the said Sir Edward Ryan, Thomas Starkie, Robert Vaughan Richards, Henry Bellenden Ker, and Andrew Amos, or any Three or more of you, to be Our Commissioners for the purpose of considering the said Reports and the alterations therein suggested, and the expediency of consolidating into one or more Statute or Statutes,

agreeably to the Digest contained in such Reports, or with any and what alterations and additions, the whole or any part or parts of the Criminal Law, as well written as unwritten, and for preparing the Draft of a Bill or Bills for that purpose, and further for inquiring into and reporting separately respecting such Statutes or parts of Statutes relating to Criminal matters, as in your opinions ought to be repealed, and for preparing the Draft of a Bill or Bills for that purpose: And for the better effecting the purposes of this Our Commission by you the said Sir Edward Ryan, Thomas Starkie, Robert Vaughan Richards, Henry Bellenden Ker, and Andrew Amos, We do by these Presents give and grant to you the said Sir Edward Ryan, Thomas Starkie, Robert Vaughan Richards, Henry Bellenden Ker, and Andrew Amos, or any Three or more of you, full power and authority to call before you, or any Three or more of you, such Persons as you shall judge necessary, by whom you may be the better informed on the subject of this Our Commission, and every matter connected therewith, and also to call for, have access to, and examine all such official Books, Documents, Papers, and Records as may afford the fullest information on the subject, and to inquire of and concerning the premises by all other lawful ways and means whatsoever: And We do hereby give and grant to you the said Sir Edward Ryan, Thomas Starkie, and Robert Vaughan Richards, Henry Bellenden Ker, and Andrew Amos, or any Three or more of you, full power and authority, when the same shall appear to be requisite, to administer an Oath or Oaths to any Person or Persons whatsoever to be examined before you, or any Three or more of you, touching or concerning the premises: And Our further will and pleasure is, that you the said Sir Edward Ryan, Thomas Starkie, Robert Vaughan Richards, Henry Bellenden Ker, and Andrew Amos, or any Three or more of you, do and shall certify to Us in Our Court of Chancery, on Parchment, under your Hands and Seals respectively, your several proceedings in this matter, as the same shall be respectively completed and perfected: And We will and command, and by these presents ordain that this Our Commission shall continue in full force and virtue, and that you the said Sir Edward Ryan, Thomas Starkie, Robert Vaughan Richards, Henry Bellenden Ker, and Andrew Amos, or any Three or more of you, may from time to time proceed in the execution thereof, and of every matter and thing therein contained, although the same be not continued from time to time by adjournment: And We hereby command all and singular Our Justices of the Peace, Sheriffs, Mayors, Bailiffs, Constables, Officers, Ministers, and all other Our loving subjects whatsoever, as well within Liberties as without, that they be assistant to you and each of you in the excution of these presents: And for your assistance in the due execution of this Our Commission, We have made choice of our trusty and well-beloved James John Lonsdale, Esquire, Barristerat-Law, to be Secretary to this Our Commission, and to attend you, whose service and assistance We require you to use from time to time as occasion may require. In witness whereof we have caused these Our Letters to be made Patent. Witness Ourself at Westminster, the Twenty-second day of February, in the Eighth year of Our Reign.

By Writ of Privy Seal,

EDMUNDS.

FOURTH REPORT.

TO THE QUEEN'S MOST EXCELLENT MAJESTY, IN HER HIGH COURT OF CHANCERY.

WE, Your Majesty's Commissioners, appointed by Your Majesty's Commission bearing date the 22nd day of February in the Eighth Year of Your Majesty's Reign, whose Hands are hereunto set, in our present Report,

In the first place, do humbly submit to Your Majesty the revision of those Chapters of the Digest of Crimes and Punishments referred to our consideration which were not included in our Two former Reports, and which relate to the following subjects, viz. :—

I. Treason, and other Offences against the State.

II. Offences against Religion and the Established Church.

III. Offences against the Executive Power generally.
IV. Offences against the Administration of Justice.

V. Offences against the Public Peace.

VI. Libel.

VII. Offences against Public Health.

VIII. Common Nuisances.

IX. Illegal Solicitations, Conspiracies, Attempts and Repetitions of Offences.
X. Penalties.

And, in the next place, having again carefully revised those Chapters of the Digest the revision of which was contained in our former Reports, and having, in obedience to Your Majesty's Commission, prepared the Draft of a Bill for the purpose of consolidating into one Statute the several Chapters of the Digest so revised in our former Reports and present Report, constituting together the entire Digest of the written and unwritten Law relating to the definition of Crimes and Punishments, do humbly submit to Your Majesty such Draft of a Bill. We reserve all provisions which, however intimately connected they may be with this branch of the Criminal Law and necessarily to be adapted to it, properly belong to the branch regarding PROCEDURE. These will be embodied in the Draft of the Bill for consolidating the Law of Procedure which by Your Majesty's Commission we are directed to prepare, after having first considered the Digest of that branch of the Criminal Law, and the alterations relating thereto, contained in the Reports referred to in Your Majesty's Commission.

Although the Commissioners intrusted with the revising, as well as those employed in the framing of the Digest of Crimes and Punishments, have in their several Reports explained their reasons for the course suggested by them whenever explanation seemed to be requisite, so as to exclude the necessity for any subsequent detailed statement of their views, still we deem it to be expedient, on the present occasion, to make some general observations in reference to what has been done with a common object under both Commissions, adding some further remarks peculiarly relating to what has been done under the present Commission.

It has been the constant aim of the Commissioners, under both Commissions, to adhere in substance to the existing Law as regards its rules, and with still greater caution as regards its principles. They have collected and arranged in the most simple form, as well the established rules of the unwritten Law as also the numerous provisions of the Statute Law, both of which they have endeavoured to express in a succinct, consolidated and systematic form.

Where the rules either of the unwritten Law or the express provisions of the Statute Law have been in anywise altered, modified, or materially affected by

Judicial construction, the results have been interwoven in the text of the Digest, it being obvious that mere Common Law rules, resting as they ultimately do on usage and precedent, would be imperfect as practical rules of Law, and sometimes would mislead were they not to be limited, expounded and moulded in conformity with precedent. And although Judicial constructions of a Statute are not theoretically of binding force, yet, practically, as is well known, they influence future decisions almost as much as though they were part of the Statute

itself.

Your Commissioners have recommended the removal of several inveterate anoma lies which, although admitted to be such, and frequently reprobated by high judicia authority, have, contrary to reason, been still permitted to obstruct the course o justice.

Where the limits of the Criminal Law have been found to be indefinite, or rules have been altogether wanting, your Commissioners have endeavoured to substitute or supply such limits as were warranted by reason and legal analogy, and with the deference due to the opinions of learned and experienced persons, not without frequent reference made to Foreign Codes, and valuable aid derived from those sources.

By such means, the necessity for resorting to fiction and strained construction, for the purpose of reaching supposed malefactors, will be superseded, and the Criminal Law stand wholly purged of Constructive Treasons, Murders, Burglaries, Robberies and Thefts, recourse to which has frequently rendered the law precarious, and even oppressive, and tainted its judgments with all the injustice and odium incident to the execution of ex post facto enactments.

Finally, whilst this branch of the Criminal Law has been reduced within limits which render its wide diffusion easily practicable, endeavour has been made that it should be expressed in such plain language, that it should be not merely accessible, but intelligible, by the great bulk of Your Majesty's subjects. The attainment of these objects cannot but be regarded as of high national importance, when it is considered that upon the Criminal Law all other laws must mainly depend for their enforcement, and, consequently, for their utility and efficacy,that every subject of the realm, though he offend through ignorance, is doomed to suffer as though he knew every provision of the Criminal Law,-and that, to a large proportion of those subjects, that Law is at present inacessible.

We now proceed to offer some observations applicable to the present Commission, and the proceedings under it.

We have been able to compress the Digest within a smaller space by the consolidation of many statutory enactments, and the abbreviation of others.

By the wisdom of the Legislature, the Statute Book and the Digest have been already relieved from the burthen of a mass of oppressive Statutes, we may especially notice those concerning recusancy-which the former Commissioners were constrained to insert in their Digest, but not without earnest recommendation for their repeal.

The Digest has been further reduced by the omission of several Articles, in conformity with the opinion and recommendation of the former Commissioners.

It is important here to observe, that we have, in some instances, omitted, as unnecessary, several Articles which were inserted in the Digest, not as being essential for determining the Criminal nature of particular acts or modes of offence described in those Articles, but for the sake of more directly and emphatically prohibiting the offence in a more express and concrete form.

Thus, as regards cases amounting to Murder, where the offender, aiming at A, misses him and kills B, or fires into a crowd without intending to kill any person in particular, the Digest contained specific provisions applicable to such cases; but, in the revised Digest, this special application of the general rules applicable to Murder is omitted, the cases referred to being brought within the description of Murder by virtue of the more abstract provisions contained in Articles 4, 8 and 9, of Section 3 of Chapter I., which bring all such offences within the law of Murder. We have deemed it to be proper to draw Your Majesty's attention to this class