Ex Libris C. K. OGDEN L Y c., A c- r~L H. W. RYDING, 38, LAWRENCE ROAD, Bow. London. E. S?u>7tlfiM// /////// The Sixteentti Edition. I'riuted for VT. B . Guruey .- Sold by Satinders ^- Kemiin^.43,TTeer Street. /t-fi-f //(///',/ f ;///// f Y /. DEDICATION. TO THE KING: GREAT SIR, UNDER your Majesty's auspicious Pro- tection, every polite and every useful Art have flourished, to a degree of eminence unknown in former reigns. Your Majesty, who is at once a most consummate judge, and most condescend- ing patron of literary excellence, has vouchsafed to demonstrate that you do not deem the Art of Short-hand unworthy of your royal countenance and encourage- ment, by graciously permitting me to lay this improved system at your feet. DEDICATION. Indeed, Brachygraphy is an art pecu- liarly under your Majesty's own dominion, it being entirely unknown at present to any People in the World, except to the Subjects of your great Empire : among whom I have the honour and felicity to be, with inexpressible deference and gratitude, SIR, Your Majesty's most faithful, Most devoted subject and servant, JOSEPH GURNEY. London, July, 1772. PREFACE TO THE FIFTEENTH EDITION. ALTHOUGH Brachygraphy, or the Art of writing in abbreviated Characters, is extremely ancient, for we read of its being practised in the Roman Senate, by persons whom Cicero instructed and employed for that purpose ; yet it was not in- troduced into our own Country, till towards the latter end of the sixteenth century ; when, in the year 1588, Dr. Timothy Bright printed a treatise entituled " Charactere, or the Art of short, secret, and swift writing by Characters," which he dedicated to Queen Elizabeth, under whose Letters Patent it was published. This treatise, as might naturally be expected in a first Essay, though the production of a very ingenious man, came many degrees short of the requisite perfection. From that time down to the present, various methods of Short-hand have appeared. Several of these have a considerable share of merit ; but many systems which appear very specious upon paper, are found extremely inadequate, when attempted to be reduced to practice. In the formation and improvement of their system, my Grandfather and Father were anxious neither to incumber the memory of the learner with a needless multitude of Characters, nor to perplex his mind with their want of legibility and plainness ; at the same time their extensive professional experience, for the space nearly of a century, enabled them to decide, with cer- tainty, upon the practical utility of the various alterations which suggested themselves to their minds. Whatever, therefore, they found to be really advantageous in facilitating either the ac- quisition or the practice of the Art, were adopted by them in the successive editions of this Work, which have already appeared. The excellence of the system has since been proved, in my own office, by H trial of many years, upon a large scale, and I have not, in the course of that experience, found the necessity of any further alteration. W. B. G. Essex Street, London, November, 1824. TO MR, THOMAS GURNEY, ON HIS BOOK OF SHORT-WRITING. Culpantur frustra calami. HOR. BY intuition is the Seraph taught To read the mind, and interchange the thought, Does on his breast the living language lie, And quick ideas circle at the eye. Nor has mankind an art unequal found : And taught the eye to catch the letter'd sound. While thus the dumb exidting tell their care, And deafness sees the sounds it cannot hear. But slow the speaking hand, till GURNEY sprung, And form'd the finger rival to the tongue. Tale-licenc'd travellers are wont to boast Amazing converse in the realms of frost ; Lips move unheard, each sound in ice entomb'd, Stagnate his current, and his wing benumb'd, A 8 Slumbers inactive till a warmer sky Unbinds the glebe, and bids the accents fly Thus GURNET'S art the fleeting words congeal. And stay the wand'rer to repeat his tale, When the quick eye-ball thaws the letter'd plain, Calls out the sound, and wakes the dormant strain. Taught by thy rules, while panting hearts indite, Obedient hands with equal ardour write ; And distant friends rejoicing know to speak, Wrapt in a sheet, the converse of a week. Go further GURNET, and thy wondrous toil Shall print the sigh, and imitate the smile ; Whate'er the tongue or trembling string commands, Shall live obedient to the echoing hands ; Each air and grace the faithful letter bring, If Sylvia lisp, or soft Amelia sing. E. D. Cambridge, St. John's, May 14th, 1751. TO THE AUTHOR. Scribis, ut tffto won quater anno Membranam posens. HOR. THE nice wrought acorn (say the learn'd) contains The oak's vast branches in its little veins ! Each leaf distinct, and every fibre line, Mark'd unentangled on the small design : Nor less the wonders of the pigmy scene, That live, the miniature of GURNEY'S pen. Yon spacious landscape of the painted mead, The winding flood, and mountain clad in shade, The gem-set concave of the midnight pole, Where wand'ring worlds in wild confusion roll, Fair, as we gaze, and undisorder'd lie, Plann'd on the little tablet of the eye. A2 10 Thus GURNEY'S art contracts the mighty plan, And sinks th' immense of science to a span. Lo ! here a line confines a Tully's rage, Or Livy's empire stretches half a page ; Poetic fires hi narrow limits dwell, And learned ocean's slumber hi a shell. Had earlier ages, happy as our own, Ingenious friend, thy flying finger known ; If pages then beneath thy dash had sprung, Th' unfinished sounds still trembling on the tongue, O'er pregnant sheets the quick ideas spread, As show'ry drops imprint the dusty mead ; Nor pale-ey'd scribes had watch'd their midnight oil O'er the slow progress of their folio toil ; Nor lab'ring science would have sought redress From the nice structure of th' immortal press. C. II. Feb. 2, 1752. TO THE AUTHOR. Nondum lingua silet ; dextra peregit opus. MART. IN less enlightened ages hadst thou liv'd, GURNEY, thine art had witchcraft been believ'd ; With doubtful fear they'd view'd the strange design, And thought enchantment dwelt in every line. The savage prince, who left his native sands, To learn the science of politer lands Admiring thought Europeans saw the sounds, And painted accents o'er the spotted grounds. Had he then seen thy magic lines appear, The tardy words still tingling in his ear ; Pluck'd from the wing of time, thy pens exceed (Amaz'd he'd cried) their fleeting sire in speed. Labours of ages, such thine art, we view Intire, and yet epitomiz'd by you. 12 Tedious the folio ; but the little plan In expedition qualifies the man. GURNEY, for ever bloom thy generous praise, And wear unrivall'd the compendious bays. H. B. Dec. 13, 1751. TO THE AUTHOR. Nonfumum exfulgore, sed exfumo dare lucem, Cogitat ; ut speciosa dekinc miracula promat. HOR. IN vain the poet taught th' iinletter'd age : Committed to his mem'ry, the page Imperfect hung : his feeble mind convey'd Fictitious numbers, subjects unarray'd; Till time the tedious midnight volumes fill'd, That to superior GURNET'S art must yield. Quick flies the pen, to actuate the thought Catches the accents in the instant wrote : Displays it to the eye ; then feeds the sense On wit and beauty ; in the vast expanse Unlimited the fond conceptions find, That swell the thought, and captivate the mind. 14 In this short page he scorns the vulgar rules, And mounts above the limits of the schools. On Pegasean wings aloft he flies ; Secrets explor'd from hidden nature tries, Where time anticipated bounds the scene, Fill'd with the swifter progress of his pen. Such is thine art, and such the grand design ! Figures make sense, and bid th' idea shine. In copious excellence, th' abstracted sound Lives without letters, and in words abound. The universal register of fame Shall fix in record generous GURNEY'S name ; Improv'd mankind shall join the great applause, And noblest numbers own the noblest cause. W. B. Sept. 17, 1751. INTRODUCTION. To constitute a good system of Short-hand, it is essential : 1 . That the Characters be as simple as possible, in order to their being written with facility : and, 2. That they be so distinct, as to be read with ease at any distance of time. The only distinct marks, which can be made use of, are a point, a circle, a straight line, and a curve. These may be varied, by position. As a point cannot be distinctly joined with any other character, it is unfit to be introduced into the Alphabet. There are no other distinct positions of a straight line, than horizontal, per- pendicular, and oblique : thus ; I "^ / 16 The curve may be varied in the same manner ; thus: -> ^ c ? The practice of placing a character above or below the line ; and also of varying it, by thick- ness or length, I totally expunge ; as it could never be written swiftly, with any tolerable de- gree of precision. We have therefore but NINE simple distinct marks : namely, a straight line, and a curve, each in four different directions ; and a circle : whence it is obvious that these nine marks should be made to express those consonants which most frequently occur in the short-hand orthography (the vowels being never written but when used to begin a word). The rest of the Alphabet must necessarily consist of compound Charac- ters, which I have endeavoured to render as simple as possible. It will, likewise, be noticed, that the same Character being made to express a, s, and z, the a must be struck upwards, the s and z downwards. As the a is never written singly, 17 the succeding Character, will, at first view, shew which letter is intended to be expressed. When the letter r does not begin a word, it is expressed by a stroke upwards ; of which there are several specimens in the second column of the first page. The long J' is only to be used at the beginning and end of words. The circle is not to be written for s, at the beginning of a word, ex- cept when t immediately follows ; and never at the end of a word, for it would then stand for ing or ong, When s immediately follows r, it should be written thus ; y~, messenger, ~)-j/ messengers. The first four engraved pages contain the WHOLE THEORY of the Art. The Alphabet should be got perfectly in memory ; arid also the words, which the letters stand for, when wrote singly. The other column, on the first page, is designed to give the learner 18 an idea of the manner o joining the letters, and of spelling words : but need not be committed to memory. On the second page, tho method of express- ing the vowels is shewn. Here the rules only are to be got in memory ; the Short-hand characters being, merely, an illustration of the rules. When a person has made himself master of the Alphabet, and of the method of expressing the vowels, he will then be able to write any thing in the English Language. But. as it would be impossible, in that case, to write with swift- ness sufficient to answer the usual purposes of Short-hand, we are under the necessity of using contractions, and arbitrary characters; care, however, should be taken that too many of these be not crowded upon the memory. I have dismissed a great number which had place in the former editions of this system; and to shorten the trouble of the learner, have disem- barrassed the art from many needless difficulties and real incumbrances. 19 The Arbitrary Characters, on the remainder of the second and third pages, should be got in memory ; as should, too, the Abbreviating Pules, on the fourth page. The whole residue of the engraved pages is, all mere matter of example and explanation. I have subjoined the contents of the last seven engraved pages, spelt as written in Short-hand ; which will be of considerable advantage to the learner, by enabling him to make out and read the several engraved pages ; and by familiarizing the manner of reducing to practice the several prepositions, terminations, abbreviating rules, and mode of spelling. Which, though it may appear somewhat awkward and uncouth at first, yet a little use will soon render it easy. It will be observed that in the spelling of words, no particular regard is had either to the retaining or omitting of vowels ; but such letters only are made use of, as convey, by their sound, a competent idea of the word designed : and, therefore, one person may, if he so choose, admit more letters in a word than another. The far- ther, however, any person is advanced in the practice and experience of the art, the more concisely he will write ; that is, the fewer letters will he use in spelling a word. It is impossible to compose any system of Short-hand, in which various words will not be spelt alike, or written with the same letters. For instance : despise and dispose. Dsps will stand for either word. But, in such case, the sense and connection will immediately distinguish, for which of these two words the contraction stands. If any Arbitrary Character, or Contracting Rule, should not be instantaneously recollected ; it will be attended with no other inconvenience, than the loss of the advantage arising from the use of such abbreviation ; as the writer will then be obliged to pen it in the same manner as any other word for which there is no Arbitrary Character. When a word is meant to be erased, draw two lines through it, thus ^=p If several words 21 are meant to be obliterated, a single line drawn through them all will be sufficient. I need say nothing with regard to Punctuation. Were points, or stops, introduced into Short- hand, they would both impede the writer's dis- patch, and tend to confuse the Characters. Though of manifest use in Long-hand, the ad- mission of them would be quite unserviceable, and even highly detrimental in Brachygraphy. To remedy the want of them, the writer has only to leave a short vacancy between each sentence ; and for every new paragraph, to begin a fresh line. (l) The ALPHABET. Letters. Words . / a . ,/->// wj /I ,,.i.,,,,,// 1 1), /,', //'// /^// L.' -k_ I'll '/tjv / / / > / . r /y r j ft in ^r >- \ u h, '/,,,v '//-//-:/// \^- '//^,//v^v/ J 1,]. /<:>//.*, ///// i',/. , A', n& y,l/x- p .>//////.>-H t^v^ .l//f//fy f H-//f>/! 1 t, // foutrn* L^ /.ft,/,"/ l/<-/.l - 11. //<"// ////// /I. HI ^^_ unftnwm A VAV; /f/fff// !',> /v- rr. >/f{/t(i<'r. ^- Of the Vowels. V> t/ddt&ttJb '>/>' /<'//>/> I/:, a.e.i.o.n.y. n/tc/t /nfu <-n flci, ///</.! /<>/> ,y //!, .(/ \ U'/f/l f/l>- iltt OiVTl ///// ///< /'i>//{'//t: f r,l/,>/' ll/n/t //!< f'i'irf/ i/i>i;> /iff //.>t>/r,f/// -N , ////,, I /- j ./,//./,-/ I A' .///, .////. I /_, I ../ .//// f . . -j tl //,// //r<>'/';//< ft', /f///f/; ///// /./ /////.< /< i-.iVr '/<;//'//, a Arbitrary C'haractors. ;?//?//// f-t-r/ . x ~ <*///// -r/r ///// - I/It'/// . //t-'/<-l///t7'/// (lllll '///.i . f> /' r ; /i /r t'/'t /-t>/'//t'/'- ///e. . -- /i^l ,.<'(//,/'. ,: i /'/fr,>n//i/ii, // 'y Arbitrary Characters tor IVepofitioiis x- and Terminations &c. ->*- r/Y/ />/ I'i'.if'/fc -. ^* 1 /C///- ->. \ 1 \&tt&-i6urn ^ /,;// ^ 1 r '(/////,.,/< (// ttttCn. //ft //ISi'.f/H't/ i /fautafivn >,/-H.ytt/^" ^^ /,.,,/,//,'-,>///'//' ^ f/ >w> I/',-///',, // / ,*,-<,,',, J \/'f ///'/.I'/ C / / // j_ .ff f-> >f<>/ a) ff/'e>/// ^-^ AJ \ \,'i'i>tiit/ ^ r '.I tf A ir,< ^ r / // // ^ /I tfUltf.itn^Uli ' (D //C.'< !{</ { ' e /ftwr /< >>/ p ///////// i ' r/ """' ///< f irtM fr m& _ (4) _ N Abbre v iatinff Rules / ^ -^ , c> , ^ _^X 1,- ///'< ////// / 1 <>/(//!> ///< /<'/(/> i. an. and, t/.i/i'/- ///<>/tf //<<; -Q. a ///tv<- !<>/' ///f /! ity. - ' ^ //{/ ///t'/ tlivn, ^ ------ S.fWflt' //'// P .//!/<>//'// y. A' (/!>//>//. \,',^>'/- UiideHloocl rT7nderftand //A//V; ,//<>////<>/.< ///////,, \/ //< /////<><> ck ^/ <-' A tt/ftn-/: ~$ ///.>/? 6,' / ,///V'/v- cwv r///// /(<'/'/r JUmdfftt. ' ^ ////<>// f/tc (/(<>///,. ^ ,i//,'/Y .>//'<>/< ////(/. //i r) //,T LO,, 4v /fa' /<'}//// fttt/Tt'/i meiit //'///< <'///// n\, /////. s, /t, tieftt's/j/t'/// -^ etu&uaafnsttic0tii>nuinam6i i t ^\, A r< : if '/////// /// 11.. '/// t//t /////// ti' t:r/tr<'/ u'/i' //,/, u'/ia{it0enel mtn&4 A. A=U /C M- //<>// ///ttr/u /ftf/'c /l/t-f/ //l/fl/l/ /tffl V f'ffft /////!!/// //ft I V //(/t/ Examples ofthclVrlons Moods ^Teiiles. ';////~f/<> ////. ///<>// '///i/ if.it //>r/'f' //< ///f/// ///r/'f' ////// ,l//t' //Iff!/ //ft l'f - f'fr'tl ///,'//. i//rr/f /( ^ /tf .i//rf// //fi/'f ^ :l//t' . >//t '///f////// 'f ' /'< 't '/I t' .i//t>///fi /n/ /'c f/f>// '/ '//'S>///f/ /rtrt'f />('//ftr //t// 1 /' f/f>//f .i//f- <>//tr/// //f/ //>/ f/'/f//// /t> //tjt'f //< f>r/f////' /t> //f/t 'f' /'ft-// //'f'.,f!/f///,',//f//,,,/ .>//,.,/,/,>//,>///,/ \,/f>/ ff>,,,f ^^^- -> '//// //f'/ ft>/t/f /f> .,,f/f//,f//f>/.><> O /H'.Htff/ /It'/ ,tf> ^ ,///i'/;ff/f/- //'/// ,>/',if's/>,- l ///ff/ ///, .tffs//f / '/ti/fftf/f't,! .i/,///,//t>r iiiiiv.vniayft .ran X.' i-anfl iv . rri/t* ///.* i>//'tl i//,n-'/f//fi// t'f//i'fi/t //// () GENESIS, Chapter I / (r- /I V j> i A> /. ;u The Apoftles Creed T ^ e Lords Prayer . c^-^>^^ / j-=U / - ? v- v-/.'^/' ~'>""'*St't 3 / M-M- '-n,- 4 '' 7 ^-' V ^i'-A^A.y 14 .~ V- ;-r /v\v / ^i-, ;i .^o_ v i. ^/^A-r^i vJv^vl.t'y 15 V" ^ 7 23 xxfV x ^^ v ^ >1vX 'i'^" l ^ : ^' l - 24 ^ 'V 26 ve- - -c^- 27 xc in . |t> 1' > ^ 4 P ^V If A* 3 V^vp' V>V %>'7^^>3' T\V 4 \3' VM 3 "^ 5 1- S "''Sl y VV~ wf " U 6 1/lf-- 7 '^^--V^ vV'k. v~ :> '^~' I-,. ^ PrV - v/f y D 91- \.5'- ^ ^ - K, 3- 7/ 13 r 24 The Epistle of S T PAUL t o PHILEMON. 3 'l l _vA ) r^'l v "-,X 4 ^'A" 6 ..% al .-|^- 15 19 -X 24 >c X: ?' V 3 ' 1 --^ 25 _ (9) _ His MAJESTY'S fii-ft Speech to both Houfes of Parliament. >,vV /^/l/ xv, x, v A-viy^. >**-i vV I. --j-i r^ , ' / 1A, 1 : I ^ \-/f /S > His MAJE S TYS Proclamation for the Eticourag-ement of Piety ^-Virtue, aixdior die preventing ^puiuthmt>- of \ice, Propharieiiefs A; Tm -morality, \- ^r* 7 ^ 'V ^ A. \.y-"^ ? -v>~.vv>> a 4)7 x i ' 1- - /r>1--'^---l.-A'*-v AA,\a_ x / 0')^>.-vl ^ > - v >; A ^Hi^ *-//" A /'^v'/^/ 1 - ,- < A C n WJuftiff GENESIS, CHAPTER THE FIRST. Spelt as written in the Short-hand, Page 6. ( The Words and Parts of Words printed in Italics, in all the following Specimens, are written by some Contraction or Arbitrary Character, given in the first four Pages. The Characters for the Vowels are never written but when they begin Words ; in any other case, they are expressed according to the Rules in the second Page.) IN the bgniwgf God cratd the Heaven and the rth. 2. And the vth ws withot frm and vod, and drkns ws upon the fas of the dep : and the Spirit of God movd upon the fas of the wtrs. 3. And God said, It thr be lit : and thv ws lit. 4. And God saw the lit, that itws good; and God dvded the lit frm the drkns. 5. And God eld the lit da, and the drkns he eld nit : and the evening and the mraing wr the frst da. 6. And God said, It thr be a frmament in the mdst of the wtrs, and It it dvid the wtrs frm the wtrs. 7. And God md the firmament, and dvded the wtrs which wr undr the frmament, frm the wtrs which wr above the firmament : and it ws so. B "24 Genesis, Chapter the First. 8. And God eld the frmament Heaven : and the evening and the raining wr the second da. 9. And God said, It the wtrs undr the Heaven be gMrd tgMr unto on pis, and It the dry land apr, and it ws so. 10. And God eld. the dry landrth, and the gthring tgthr of the wtrs eld he ses : and God saw that it ws good. 11. And God said, It the rth bring firth grs, Me erb yldiwgr sd, and the frt tre yldin^r fit o/Vcr Ais knd, wos sd is zn ifslf upon the rth : and it ws so. 12. And the rth brt frM grs, and erb yldirag sd o/lfer his knd, and Me tre ylding frt, wos sd ws in itslf, after his knd : and God saw Ma it ws good. 13. .4nd the evening and the mming wr .jhe third da. 14. And God said, It thr be lits in the frmament of the Heaven, to dvid the da frm the nit: awe? It thro, be fr sins and fr ssns, and fr das, and yrs. 15. 4wd It thm be fr lits in the frmament of the Heaven, to gv lit upon the rth : and it ws so. 16. And God md two grt lits : the grtr lit to nil the da, and the Isr lit to ml Me nz't/ ht : he md Me strs also. 17. .4nrf God st Mm in the frmament of the Heaven, to gv lit upon the rth. 18. And to nil over the da and over the nit, and to dvid Me lit frm Me drkns : and God saw that it ws good. Genesis, Chapter the First. 25 19. And the evening and the mrning wr the fourth da. 20. And God said, It the wtrs bring frth aondntly the mving crtr that hath If, and fwl having ithrto cm to a gnrl ingagment. My gfoorf brMr anrf aly, the King of Prsa al^o srnded with nmrs rmis of inmis, as, wz'M a mag- anrf prsverns almst bynd xmpl, not only thr venos atcArs, 6wf as o&tnd very cnsdrable \ctrs over thm. Of ths evnts / shall sa no mr at ths tm, bcs the ntr q/" the wr i Ms prts as kpt the cmpan thr stl dpndm^r. As my navy is the prnspl rtcAl of or ntii strnM, it gvs me mcA stsfj to rsv it in sch good cndsn ; wist the fit of Frns is wknd to sch a dgre, that the sml rmns of it have cntnud blkd up by my shps in tkr on prts ; at the sm tm the FrncA trad is rdsd to the loest eb ; and with joy of rt / see Me cmrs q/" my kingrdms, that grt srs o/or rcAs, and fxd ofijc^ o/ my nuer faliwgf cr and prtxw, fivshing to an xtnt unnon in ny frmr ran. His Majesty's Most Gracious Speech, Sfc. 39 The valr and intrpdity of my ofsrs and frss, both at se ad land, have been dstngsAd so mc/t /o Me glry q/ ths nsn, Ma I should be wniing in jsts iity, and to thr utmst, cntrbt to the dscntnsiHrch of the pes in his prsns ; and al such prsns, as, having been bfr bnd to the pes, have brkn it and frftd Ar rcnsnss. Also wreuer ny prvt mn hath jst cs to fr, that anMr will brn his os, or do /urn a crprl znjry by kh'/zg, mprsmregf or betzw^ Am; or that he will prcr o/Ars so to do ; he ma dmand srty o/ he pes agnst swcA prsn : and every jsts of the pes is bnd to grnt it, if he wo dmowds it will mk oM, Ma he is acriy undr fr of deth or bdly rm : and will sho that he as jst cs to be so, by rsn of the othrs mnass, atmts, or having Ian in wat fr him ; and will also frMr swr, that he As not rqr such srty ot of mis or fr mr vxsn. Ths is eld swring the pes agnst anMr : and if the prty ds not fnd' sch srtis, as Me jsts in his dscrsn shall rqr, he ma imdtly 5e cmtd til he ds. Second, such rcnsns fr kping the pes, wn gvn, ma be frftd by ny actl vilns, or even an aslt, or mnas to the prsn o/ Am wo dmamfed it, if it be a spsl rcnsns : or, if the rcnsns be gnrl by ny unlawful axn vfisever, that ithr is or tnds to a brcA of the pes ; or, mr particularly, by ny on of the mny spess of ofnss which wr mnsnd as cnns agnst the pblk pes z're Me eleventh cAptr of Ms bk ; or, by ny prvt vilns cmitd agnst ny of his majsts subjects. But a br trespass . Of the Means of preventing Offences. 53 upon the lands or goods of ant hr, which is a grnd fr a sivl &xn, unls acmpnd with a wlfl brcA of the pes, is no frftr of the rcnsns. NMr are mer rprcM words, as ch'n<7 a mn nav, or lyr, ny brcA q/" Me pes, so as to frft ons rcnsns (being lokd upon to be mrly Me efcf of unmmwfjr et anc? psn) unls they amnt to a cMng to fit. The othr spess of rcnsns, with srtis, is fr Me ^ooe? aims, or good baver. Ths zwclds scrity fr the pes and smwat mr : we will thrfr xmn it in the sm mnr as the othr. First, thn, the jstss are mpord by the statute thirty-fourth of Edward the Third, ch. 1, to bnd over to the good bauer towards the King and his people, al thro, that be not of good fam, wrever they be fnd ; to the z'wtnt that the people be not trbld nr zwdmagd, nr the pes dmnsM, nr mrcAnts and othrs, psing by the high was of the rim, be dstrbd nr pt in the prl which ma apn by sch ofndrs. Undr the gnrl words of ths xprsn, that be not of good fam, it is oldn that a mn ma be bnd to his good haver fr cs of scndl, cntra bons mors, as wl as cntra pasm, as fr anting bady oss with wmn of bad fam, or fr kpiw^ sch wmn in his on os ; or fr words tndz'w<7 to scndls the government, or in a&us of the ofsrs o/jsts, espsly in the xcsn of ths ofs. Ths also a jsts ma bnd over al nit wlkrs ; evs drprs ; sch as kp sspss cmpny, or are rprtd to be plfrrs or robrs; sch as sip in the 54 Of the Means of preventing Offences. da, and wak in the nit ; cmn dmkrds ; ormstrs ; the putative fathrs of bstrds ; c^ets ; idl vagbns ; and othr prsns, wos msbaver ma rsnafi/y bring t hm withn the gnrl words of the statute, as prsns not of good fam, an xprsn, it mst be ond, o/ so grt a Ittud, as levs mc/t to 6e dtrmnd 4y the dscrsn of the magstrt himslL But, if he emits a mn fr wnt of srtis, he mst xprs Me cs throf with cnvnnt srtnty ; and tk cr that sch cs be a good on. Second, a rcnsns fr the good baver ma be frftd by al the sm mns, as on fr the scrity of the pes ma be ; and also by sm o^rs. As, by going rmd with unusl atndns, to the trr of the people; by spking words fading to sedsn ; or by cmiing ny of the acts of msbai>er, which the rcnsns ws zntnded to prvnt. But not by brly gving frsh cs ofsspsn of that which praps ma nver actly apn : fr, tho it is jst to compl sspcfd prsns to giv scrity to the pblk agnst msbauer that is aprnded; yt it would be rd upon such sspsn, . withot the prf of ny actl crm, to pnsA thm by a frftr of t hr rcnsns. Mr. Justice BLACKSTONE'S Commentaries, vol. 4, c. 18. 55 HIS MAJESTY'S MOST GRACIOUS SPEECH TO BOTH HOUSES OF PARLIAMENT, On Tuesday the 18th Day of November* 1760. My Lords and Gentlemen, TtlE just concern, which I have felt in my own breast on the sudden death of the late king, my royal grandfather, makes me not doubt but you must all have been deeply affected with so severe a loss. The present critical and difficult conjuncture has made this loss the more sensible, as he was the great support of that system, by which alone the liberties of Europe, and the weight and influence of these kingdoms, can be preserved; and gave life to the measures conducive to those important ends. I need not tell you the addition of weight which immediately falls upon me, in being called to the government of this free and powerful country at such a time, and under such circumstances. My conso- lation is in the uprightness of my own intentions, your faithful and united assistance, and the blessing 56 His Majesty's Most Gracious Speech, fyc. of Heaven upon our joint endeavours, which I de- voutly implore. Born and educated in this country, I glory in the name of Briton ; and the peculiar happiness of my life will ever consist in promoting the welfare of a people, whose loyalty and warm affection to me I consider as the greatest and most permanent security of my throne ; and I doubt not, but their steadiness in those principles will equal the firmness of my invariable resolution to adhere to, and strengthen this excellent constitution in church and state ; and to maintain the toleration inviolable. The civil and religious rights of my loving subjects are equally dear to me with the most valuable prerogatives of my crown: and, as the surest foundation of the whole, and the best means to draw down the divine favour on my reign, it is my fixed purpose to coun- tenance and encourage the practice of true religion and virtue. I reflect, with pleasure, on the successes Avith which the British arms have been prospered this last summer. The total reduction of the vast province of Canada, with the city of Montreal, is of the most interesting consequence, and must be as heavy a blow to my enemies, as it is a conquest glorious to vis ; the more glorious, because effected almost with- out effusion of blood, and with that humanity, which His Majesty's Most Gracious Speech, fyc. 57 makes an amiable part of the character of this nation. Our advantages gained in the East Indies have been signal ; and must greatly diminish the strength and trade of France in those parts, as well as procure the most solid benefits to the commerce and wealth of my subjects. In Germany, where the whole French force has been employed, the combined army under the wise and able conduct of my general, Prince Ferdinand, of Brunswick, has not only stopt their progress, but has gained advantages over them, notwithstanding their boasted superiority, and their not having hitherto come to a general engagement. My good brother and ally, the King of Prussia, although surrounded with numerous armies of ene- mies, has, with a magnanimity and perseverance almost beyond example, not only withstood their various attacks, but has obtained very considerable victories over them. Of these events I shall say no more at this time, because the nature of the war in those parts has kept the campaign there still depending. As my navy is the principal article of our natural strength, it gives me much satisfaction to receive it in such good condition ; whilst the fleet of France is weakened to such a degree, that the small remains D2 58 His Majesty's Most Gracious Speech, SfC. of it have continued blocked up by my ships in their own ports ; at the same time the French trade is re- duced to the lowest ebb ; and with joy of heart I see the commerce of my kingdoms, that great source of our riches, and fixed object of my never-failing care and protection, flourishing to an extent unknown in any former war. The valour and intrepidity of my officers and forces, both by sea and land, have been distinguished so much to the glory of this nation, that I should be wanting in justice to them, if I did not acknowledge it. This is a merit which I shall constantly en- courage and reward : and I take this occasion to declare, that the zealous and useful service of the militia, in the present arduous conjuncture, is very acceptable to me. In this state I have found things at my accession to the throne of my ancestors ; happy in viewing the prosperous part of it ; happier still should I have been, had I found my kingdoms, whose true interest I have entirely at heart, in full peace : but, since the ambition, injurious encroachments, and dangerous designs of my enemies, rendered the war both just and necessary, and the generous overture, made last winter, towards a congress for a pacification, has not yet produced a suitable return, I am determined, with your cheerful and powerful assistance, to prose- His Majesty's Most Gracious Speech, fyc. 59 cute this war with vigour, in order to that desirable object, a safe and honourable peace. For this pur- pose, it is absolutely incumbent upon us to be early prepared ; and I rely upon your zeal and hearty con- currence to support the King of Prussia, and the rest of my allies, and to make ample provision for carry- ing on the war, as the only means to bring our ene- mies to equitable terms of accommodation. Gentlemen of the House of Commons, The greatest uneasiness which I feel at this time, is in considering the uncommon burdens necessarily brought upon my faithful subjects. I desire only such supplies, as shall be requisite to prosecute the war with advantage; be adequate to the necessary services : and that they may be provided for in the most sure and effectual manner. You may depend upon the faithful and punctual application of what shall be granted. I have ordered the proper esti- mates for the ensuing year to be laid before you ; and also an account of the extraordinary expenses, which, from the nature of the different and remote operations, have been unavoidably incurred. It is with peculiar reluctance that I am obliged, at such a time, to mention any thing which personally regards myself; but, as the grant of the greatest part 60 His Majesty's Most Gracious Speech, Sfc. of the civil list revenues is now determined, I trust in your duty and affection to me, to make the proper provision for supporting my civil government with honour and dignity. On my part, you may be assured of a regular and becoming economy. My Lords and Gentlemen, The eyes of all Europe are upon you. From your resolutions the Protestant interest hopes for protec- tion, as well as all our friends for the preservation of their independency; and our enemies fear the final disappointment of their ambitious and destructive views. Let these hopes and fears be confirmed and augmented by the vigour, unanimity, and dispatch of your proceedings. In this expectation I am the more encouraged by a pleasing circumstance, which I look upon as one of the most auspicious omens of my reign. That happy extinction of divisions, and that union and good harmony which continue to prevail amongst my subjects, afford me the most agreeable prospect. The natural disposition and wish of my heart are, to cement and promote them; and I promise myself, that nothing will arise on your part, to interrupt or disturb a situation, so essential to the true and lasting felicity of this great people. 61 HIS MAJESTY'S PROCLAMATION, For the Encouragement of Piety and Virtue, and for the preventing and punishing of Vice, Prophaneness, and Immorality. WE, most seriously and religiously considering, that it is an indispensable duty on us to be careful, above all other things, to preserve and advance the honour and service of Almighty God, and to dis- courage and suppress all vice, prophaneness de- bauchery, and immorality, which are so highly dis- pleasing to God ; so great a reproach to our religion and government, and (by means of the frequent ill examples of the practices thereof) have so fatal a tendency to the corruption of many of our loving subjects, otherwise religiously and virtuously dis- posed, and which (if not timely remedied) may justly draw down 4he divine vengeance on us and our 62 His Majesty's Proclamation, fyc. kingdoms : we also humbly acknowledging that we cannot expect the blessing and goodness of Almighty God (by whom kings reign, and on which we en- tirely rely) to make our reign happy and prosperous to ourself and our people, without a religious ob- servance of God's holy laws : to the intent there- fore, that religion, piety, and good manners, may (according to our most hearty desire) flourish and increase under our administration and government, we have thought fit, by the advice of our Privy Council, to issue this our royal proclamation ; and do hereby declare our royal purpose and resolution to discountenance and punish all manner of vice, prophaneness and immorality, in all persons of whatsoever degree or quality within this our realm, and particularly in such as are employed near our royal person; and that, for the encouragement of religion and morality, we will, upon all occasions, distinguish persons of piety and virtue by marks of our royal favour. And we do expect and require that all persons of honour, or in places of authority, will give good example by their own virtue and piety, and, to their utmost, contribute to the discounte- nancing of persons of dissolute and debauched lives, that they being reduced by that means to shame and contempt for their loose and evil actions and beha- viour, may be thereby also enforced the sooner to His Majesty's Proclamation, fyc. 63 reform their ill habits and practices, and that the visible displeasure of good men towards them may (as far as it is possible) supply what the laws (probably) cannot altogether prevent. And we do hereby strictly enjoin and prohibit all our loving subjects, of what degree or quality soever, from playing on the Lord's day, at dice, cards, or any other game whatsoever, either in public or private houses, or other place or places whatsoever ; and we do hereby require and command them, and every of them, decently and reverently to attend the worship of God on every Lord's day, on pain of our highest displeasure, and of being proceeded against with the utmost rigour that may be by law. And for the more effectual reforming all such persons who, by reason of their dissolute lives and conversations, are a scandal to our kingdom, our further pleasure is, and we do hereby strictly charge and command all our judges, mayors, sheriffs, justices of the peace, and all other our officers and ministers, both eccle- siastical and civil, and all other our subjects, whom it may concern, to be very vigilant and strict in the discovery, and the effectual prosecution and punish- ment, of all persons, who shall be guilty of excessive drinking, blasphemy, prophaue swearing and cursing, lewdness, prophanation of the Lord's day, or other dissolute, immoral, or disorderly practices ; and that 64 His Majesty's Proclamation, $-c. they take care also effectually to suppress all public gaming houses and places, and other lewd and dis- orderly houses, and to put in execution the statute, made in the twenty-ninth year of the reign of the late King Charles the Second, intituled, an Act for the better Observation of the Lord's day, commonly called Sunday ; and also an Act of Parliament, made in the ninth year of the reign of the late King William the Third, intituled, an Act for the more effectual suppressing of blasphemy and prophaneness, and all other laws now in force for the punishing and sup- pressing any of the vices aforesaid; and also to suppress and prevent all gaming whatsoever in public or private houses on the Lord's day; and likewise that they take effectual care to prevent all persons keeping taverns, chocolate-houses, coffee-houses, or other public houses whatsoever, from selling wine, chocolate, coffee, ale, beer, or other liquors, or receiving or permitting guests to be or remain in such their houses, in the time of divine service on the Lord's day, as they will answer it to Almighty God, and upon pain of our highest displeasure. And for the more effectual proceeding herein, we do hereby direct and command all our judges of assize and justices of the peace, to give strict charges at their respective assizes and sessions, for the due prosecution and punishment of all persons that shall His Majesty's Proclamation, Sfc. 65 presume to offend in any of the kinds aforesaid, and also of all persons that, contrary to their duty, shall be remiss or negligent in putting the said laws in execution; and that they do, at their respective assizes and quarter sessions of the peace, cause this our royal proclamation to be publicly read in open court immediately before the charge is given. And we do hereby further charge and command every minister, in his respective parish church or chapel, to read, or cause to be read, this our proclamation at least four times in every year, immediately after divine service, and to incite and stir up their respec- tive auditories to the practice of piety and virtue, and the avoiding of all immorality and prophaneness. And to the end that all vice and debauchery may be prevented, and religion and virtue practised by all officers, private soldiers, marines, and others, who are employed in our service by sea and land, we do hereby strictly charge and command all our com- manders and officers whatsoever, that they do take care to avoid all prophaneness, debauchery, and other immoralities; and that by their own good and virtuous lives and conversations, they do set good examples to all such as are under their care and authority, and likewise take care of, and inspect, the behaviour of all such as are under them, and punish all those who shall be guilty of any of the His Majesty's Proclamation, fyc. 66 offences aforesaid, as they will be answerable for the ill consequences of their neglect herein. Given at our Court at Leicester- House, the thirty-first day of October, one thousand seven hundred and sixty, in the first year of our reign. GOD SAVE THE KING. 67 OP THE MEANS OF PREVENTING OFFENCES. WE are now arrived at the fifth general branch or head, under which I propose to consider the subject of this book of our commentaries ; viz. the means of preventing the commission of crimes and misde- meanours. And really it is an honour, and almost a singular one, to our English laws, that they furnish a title of this sort ; since preventive justice is, upon every principle of reason, of humanity, and of sound policy, preferable in all respects to punishing justice ; the execution of which, though necessary, and in its consequences a species of mercy to the common- wealth, is always attended with many harsh and dis- agreeable circumstances. 68 Of the Means of preventing Offences. This preventive justice consists in obliging those persons, whom there is probable ground to suspect of future misbehaviour, to stipulate with and give full assurance to the public, that such offence as is apprehended shall not happen; by finding pledges or securities for keeping the peace, or for their good behaviour. This requisition of sureties has been several times mentioned before, as part of the pe- nalty inflicted upon such as have been guilty of cer- tain gross misdemeanours ; but there also it must be understood rather as a caution against the repetition of the offence, than any immediate pain or punish- ment. And indeed, if we consider all human punish- ments, in a large and extended view, we shall find them all rather calculated to prevent future crimes, than to expiate the past ; since, as was observed in a former chapter, all punishments inflicted by tem- poral laws may be classed under three heads ; such as tend to the amendment of the offender himself, or to deprive him of any power to do future mis- chief, or to deter others by his example : all of which conduce to one and the same end, of preventing fu- ture crimes, whether that be effected by amendment, disability, or example. But the caution which we speak of at present, is, such as is intended merely for prevention, without any crime actually com- mitted by the party, but arising only from a probable Of the Means of preventing Offences. 69 suspicion, that some crime is intended or likely to happen; and consequently it is not meant as any degree of punishment, unless perhaps for a man's imprudence in giving just ground of apprehension. By the Saxon constitution these sureties were always at hand, by means of King Alfred's wise in- stitution of decennaries or frankpledges ; wherein, as has more than once been observed, the whole neighbourhood or tithing of freemen were mutually pledges for each other's good behaviour. But this great and general security being now fallen into dis- use and neglected, there hath succeeded to it the method of making suspected persons find particular and special securities for their future conduct ; of which we find mention in the laws of King Edward the Confessor; " tradat Jide jussores de pace et legalitate tuenda." Let us therefore consider, first, what this security is ; next, who may take or demand it ; and lastly, how it may be discharged. 1 . This security consists in being bound, with one or more sureties, in a recognizance or obligation to the king, entered on record, and taken in some Court or by some judicial officer ; whereby the parties ac- knowledge themselves to be indebted to the crowu in the sum required (for instance 100.) ; with con- dition to be void and of none effect, if the party should appear in Cqmt on such a day, and in the 70 Of the Means of preventing Offences. mean time shall keep the peace ; either generally, towards the king, and all his liege people, or par- ticularly also, with regard to the person who craves the security. Or, if it be for the good behaviour, then on condition that he shall demean and behave himself well, (or be of good behaviour, either gene- rally or specially, for the time therein limited,) as for one or more years, or for life. This recognizance, if taken by a justice of the peace, must be certified to the next sessions in pursuance of the statute 3 Hen. VII. c. 1 ; and if the condition of such recog- nizance be broken, by any breach of the peace in the one case, or any misbehaviour in the other, the recognizance becomes forfeited or absolute ; and, being estreated or extracted, (taken out from among the other records) and sent up to the exchequer, the party and his sureties, having now become the king's absolute debtors, are sued for the several sums in which they are respectively bound. 2. Any justice of the peace, by virtue of their commission, or those who are ex officio conservators of the peace, as were mentioned in a former volume, may demand such security according to their own discretion: or it may be granted at the request of any subject, upon due cause shewn, provided such demandant be under the king's protection ; for which reason it hath been formerly doubted, whether jews, Of the Means of preventing Offences. 71 pagans, or persons convicted of a prcemunire, were intitled thereto. Or, if the Justice is averse to act, it may be granted by a mandatory writ, called a supplicavit, issuing out of the Court of King's Bench, or Chancery ; which will compel the Justice to act, as a ministerial, and not as a judicial officer : and he must make a return to such writ, specifying his com- pliance, under his hand and seal. But this writ is seldom used : for, when application is made to the superior courts, they usually take the recognizances there, under the directions of the statute 21 Jac. 1, c. 8. And indeed a peer or peeress cannot be bound over in any other place, than the Courts of King's Bench or Chancery : though a Justice of the Peace has a power to require sureties of any other person, being compos mentis and under the degree of nobility, whether he be a fellow justice or other magistrate, or whether he be merely a private man. Wives may demand it against their husbands, or husbands, if necessary, against their wives. But femme-coverts, and infants under age, ought to find security by their friends only, and not to be bound themselves : for they are incapable of engaging themselves to answer any debt; which, as we observed, is the nature of these recognizances or acknowledgments. 3. A recognizance may be discharged, either by the demise of the King, to whom the recognizance is 72 Of the Means of preventing Offences. made ; or by the death of the principal party bound thereby, if not before forfeited ; or by order of the court to which such recognizance is certified by the justices (as the quarter sessions, assizes, or king's bench) if they see sufficient cause : or in case he at whose request it was granted, if granted upon a private account, will release it, or does not make his appearance to pray that it may be continued. Thus far what has been said is applicable to both species of recognizances, for the peace, and for the good behaviour ; de pace, et legalitate, tuenda, as expressed in the laws of King Edward. But as these two species of securities are in some respects dif- ferent, especially as to the cause of granting, or the means of forfeiting them ; I shall now consider them separately : and first, shall shew for what cause such a recognizance, with sureties for the peace, is grant- able ; and then, how it may be forfeited. 1. Any justice of the peace may, ex officio, bind all those to keep the peace, who in his presence make any affray ; or threaten to kill or beat another ; or contend together with hot and angry words; or go about with unusual weapons or attendance, to the terror of the people ; and all such as he knows to be common barretors; and such as are brought before him by the constable for a breach of the peace in his presence ; and all such persons as, Of the Means of preventing Offences. 73 having been before bound to the peace, have broken it and forfeited their recognizances. Also, wherever any private man has just cause to fear, that another will burn his house, or do him a corporal injury, by killing, imprisoning, or beating him ; or that he will procure others so to do ; he may demand surety of the peace against such person : and every justice of the peace is bound to grant it, if he who demands it will make oath, that he is actually under fear of death or bodily harm ; and will shew that he has just cause to be so, by reason of the other's menaces, attempts, or having lain in wait for him ; and will also further swear, that he does not require such surety out of malice or for mere vexation. This is called swearing the peace against another: and, if the party does not find such sureties as the justice in his discretion shall require, he may immediately be committed till he does. 2. Such recognizance for keeping the peace, when given, may be forfeited by any actual violence, or even an assault, or menace, to the person of him who demanded it, if it be a special recognizance : or, if the recognizance be general, by any unlawful action whatsoever, that either is, or tends to a breach of the peace ; or, more particularly, by any one of the many species of offences which were mentioned as crimes against the public peace in the eleventh 74 Of the Means of preventing Offences. chapter of this book; or, by any private violence committed against any of His Majesty's subjects. But a bare trespass upon the lands or goods of another, which is a ground for a civil action, unless accom- panied with a wilful breach of the peace, is no for- feiture of the recognizance. Neither are mere re- proachful words, as calling a man knave or liar, any breach of the peace, so as to forfeit one's recognizance (being looked upon to be merely the effect of un- meaning heat and passion) unless they amount to a challenge to fight. The other species of recognizance, with sureties, is for the good abearance, or good behaviour. This includes security for the peace, and somewhat more : we will therefore examine it in the same manner as the other. 1. Then, the justices are empowered by the stat. 34 Edward III. c. 1. to bind over to the good behaviour towards the King and his people, all them that be not of good fame, wherever they be found ; to the intent that the people be not troubled nor endamaged, nor the peace diminished, nor merchants and others, passing by the highways of the realm, be disturbed nor put in the peril which may happen by such offenders. Under the general words of this expression, that be not of good fame, it is holden that a man may be bound to his good behaviour for Of the Means of preventing Offences. 75 causes of scandal, contra bonos mores as well as contra pacem ; as for haunting bawdy-houses with women of bad fame ; or for keeping such women in his own house ; or for words tending to scandalize the government, or in abuse of the officers of justice, especially in the execution of their office. Thus also a justice may bind over all night-walkers, eaves- droppers ; such as keep suspicious company, or are reported to be pilferers or robbers ; such as sleep in the day and wake in the night ; common drunkards ; whore -masters ; the putative fathers of bastards ; cheats, idle vagabonds ; and other persons whose misbehaviour may reasonably bring them within the general words of the statute, as persons not of good fame : an expression, it must be owned, of so great a latitude, as leaves much to be determined by the discretion of the magistrate himself. But, if he commits a man for want of sureties, he must ex- press the cause thereof with convenient certainty : and take care that such cause be a good one. 2. A recognizance for the good behaviour may be forfeited by all the same means, as one for the security of the peace may be; and also by some others. As, by going armed with unusual attendance, to the terror of the people; by speaking words tending to sedition ; or by committing any of those acts of misbehaviour, which the recognizance was 76 Of the Means of preventing Offences* intended to prevent. But not by barely giving fresh cause of suspicion of that which perhaps may never actually happen ; for though it is just to compel suspected persons to give security to the public against misbehaviour that is apprehended; yet it would be hard, upon such suspicion, without the proof of any actual crime, to punish them by a forfeiture of their recognizance. Mr. Justice BLACKSTONE'S Commentaries, vol. 4, c. 18. THE END. II. Teape & Son. Printers, Tower-hill, London, A 000093128 7