of the king's peace by ſuch aſſault and battery; a civil action, for the ſpecial damage ſuſtained by the party injured; and a ſuit in the eccleſiaſtical court, firſt, pro correctione et ſalute animae by enjoining penance, and then again for ſuch ſum of money as ſhall be agreed on for taking off the penance enjoined: it being uſual in thoſe courts to exchange their ſpiritual cenſures for a round compenſation in money[1]; perhaps becauſe poverty is generally eſteemed by the moraliſts the beſt medicine pro ſalute animae.
VIII. The two remaining crimes and offences, againſt the perſons of his majeſty's ſubjects, are infringements of their natural liberty: concerning the firſt of which, falſe impriſonment, it's nature and incidents, I muſt content myſelf with referring the ſtudent to what was obſerved in the preceding volume[2], when we conſidered it as a mere civil injury. But, beſides the private ſatisfaction given to the individual by action, the law alſo demands public vengeance for the breach of the king's peace, for the loſs which the ſtate ſuſtains by the confinement of one of it's members, and for the infringement of the good order of ſociety. We have before ſeen[3], that the moſt atrocious degree of this offence, that of ſending any ſubject of this realm a priſoner into parts beyond the ſeas, whereby he is deprived of the friendly aſſiſtance of the laws to redeem him from ſuch his captivity, is puniſhed with the pains of praemunire, and incapacity to hold any office, without any poſſibility of pardon[4]. Inferior degrees of the ſame offence of falſe impriſonment are alſo puniſhable by indictment (like aſſaults and batteries) and the delinquent may be fined and impriſoned[5]. And indeed[6] there can be no doubt, but that all kinds of crimes of a public nature, all diſturbances of the peace, all oppreſſions, and other miſdemeſnors whatſoever, of a notoriouſly evil example, may be indicted at the ſuit of the king.
