12. The punishment of parricide, or of the murder of a parent, is not confined by our law to the criminal himself.. All his posterity in the right line are declared incapable of inheriting, and the succession devolves on the next colla teral heir, 1594, c. 220. Even the cursing or beating of a parent infers death, if the person guilty be above sixteen years, and an arbitrary punishment if he he under it, 1661, c. 2. A presumptive or statutory murder was constituted by 1690, c. 21, by which any woman who should conceal her pregnancy during its whole course, and should not call for or make use of help in the birth, was reputed the murderer, if the child was found dead, or was missing. This act was intended to discourage the unnatural practice, which yet continues too frequent, of women making away with their children begotn n in fornication, to avoid church censures. It is however now repealed by 49 Geo. III. c. 14, which enacts that the circumstances mentioned in the act 1690, shall infer the punishment of imprisonment only, for a space not exceeding two years.
13. Duelling is the crime of fighting in single combat, on int mils challenges given and received. The single combat was authorised by polity, as a method of determining both criminal and civil questions ; but fight ing in a•duel without license from the king, is by 1600, c. 12. made punishable by death. This act is ratifier' by 1696, c. 35, which also enacts,.that whatever person, principal or second, shall give a challenge to light a duel, or shall accept a challenge, or otherwise engage therein, shall be punished by banishment and escheat of moveables, though no actual fighting should ensue.
14. Haimsucken (from halm, home, and socken, to seek or pursue,) is the assaulting or beating of a person in his own house. The punishment of this crime is nowhere de fined, except in the books of the majesty, which make it the same as that of a rape ; and it is, like rape, capital by our practice. The assault must be made in the proper house of the person assaulted, where lie lies and rises daily and nightly; so that neither 'a public-house, nor even a private, where one is only transiently, falls within the 15. Any party to a law-suit who !shall slay, wound, or otherwise invade his adversary, ...pt any period of time be tween executing the summons and the complete execution of the decree, or shall be accessory to such invasion, shall lose his cause, 1584, c. 138 —1594, c. 219. As these acts direct, that proof shall he previously taken of the invasion, by the justice or other competent judge, the court of ses sion sustain themselves judges, because they are truly com petent to all causes where the conclusion is merely civil.
The sentence pronounced on this trial against him who has committed the battery, is by the act declared not subject to reduction, either on the head of minority, or any other ground whatever. And if the person prosecuted for this crime shall be denounced for not appearing, his liferent, as well as single escheat, falls upon the denunciation.
16. The crime of wrongous imprisonment is described, 1701, c. 6. It is inferred, by granting warrants of com mitment in order to trial, proceeding on information not subscribed, or without expressing the cause of commit ment; by receiving or detaining prisoners on such war rants; by refusing to a prisoner a copy of the warrant of commitment ; by detaining him in close confinement above eight days after his commitment ; by not releasing him on bail where the crime, is bailable; and by transporting per sons out of the kingdom, without either their own consent or a lawful sentence. The persons guilty of wrongous im prisonment are punished by a pecuniary mulct, from 600/. down to 4001. Scots, according to the rank of the pet son detained, and the judge or other person acting contrary to the directions of the act, is over and above subjected to pay to the person detained a certain sum per diem, propor tioned to his rank, and is declared incapable of public trust. All these penalties may be insisted for by a summary ac tion session, and are subject to no modification. Private persons may be guilty of this crime, 14 Dec. 1736, Paterson.
17. 4dultery is the crime by which the marriage bed is polluted. This crime could neither by the Roman law, 1. 61, ad leg. Jul. de adult, nor the Jewish, Lev. xx: 10. Dent. xxvi. 22, be committed, but where the guilty woman was the wife of another. By ours, it is adultery if either the man or woman be married. We distinguish between sim ple adultery, and that which is notorious or manifest. Open and manifest adulterers, who continue incorrigible, •not withstanding the censure of the church, were punished 1551, c. 20, by the escheat of moveables ; but soon there after, by 1563, c. 74, the punishment of notorious and ma nifest adultery was made capital. This crime is distin guished by one or other of the characters. Where there is issue procreated between the two adulterers; or where they keep bed and company together notoriously; or where they give scandal to the church, and arc, upon their obstinate refusing to listen to its admonitions, excom municated, 1581, c. 105. The punishment of simple adul tery, not being defined by statute, is left to the discretion of the judge ; but custom has made the falling of the single escheat one of its penalties.