Page images
PDF
EPUB

shall, if such conviction be in the [*county of Middlesex, Their bodies to or within the city of London, or the liberties thereof,] be dissected, be immediately conveyed by the sheriff, his deputy, and officers, to the hall of the surgeons company,t or sucht other place as said company shall appoint, and be delivered to such person as said company shall depute, who shall give to the sheriff, &c. a receipt for the same; and the body shall be dissected and anatomized by said surgeons, or such person as they shall appoint, and in case such conviction, &c. shall be in any other county

lr.

s. 3.

Sentence when

or place in [+Great Britain,] then the judge shall award +“ Ireland” in the sentence to be put in execution the next day but 31 Geo. 3.c.17, one after such conviction, (except as before excepted,) and the body of such murderer shall in like manner be delivered by the sheriff, &c. to such surgeon as such judge shall direct. By s. 3. sentence shall be pronounced in open court immediately after the conviction of such murderer, and before the court shall proceed to and how proother business, unless the court shall see reasonable nounced. cause for postponing the same; in which sentence shall be expressed not only the usual judgment of death, but also the time appointed for the execution thereof, and the marks of infamy hereby directed for such offenders. Provided (s. 4.) that after such sentence pronounced, the judge before whom such criminal shall be tried, may Execution may stay the execution of such sentence, regard being had be stayed. to the true intent of this act. And by s. 5. such judge may appoint the body of such criminal to be hung in chains But in no case shall the body of any murderer be suffered to be buried, unless after being dissected, as aforesaid; and such judge shall direct the same to be disposed of as aforesaid, to be anatomized, or to be hung in chains, as is now practised for the most atrocious offences. By s. 6. after such conviction and judgment, the gaoler or keeper to whom such criminal shall be delivered for safe custody, shall confine

+

:

him

s. 4.

3. 5.

Body may be hung in chains.

s. 6.

Prisoner, after

sentence, how dealt with by to gaoler.

"County of Dublin, or county of the city of Dublin," in 31 Geo. 3. c. 17.Ir. "In the city of Dublin" here added in 31 Geo. 3. c. 17. Ir.

1

"To the surgeon of the infirmary of the county in which such trial shall be, if there be an infirmary of such county, and if not, then to such surgeon as such judge shall direct" in 31 Geo. 3. c. 17. 1r.

s. 7.

Proviso.

3. 3.

enforced.

to some cell, or other proper place within the prison, şeparate from the other prisoners; and no person, except the gaoler, &c. or his servants, shall have access to such prisoner, without license under the hand of the judge before whom such offender shall have been tried, or under the hand of the sheriff, or his deputy. Providéd (s. 7.) that if such judge shall see cause to respite. the execution, he may relax or release any or all of the said regulations to be observed by the gaoler, &c. by any license in writing signed by such judge, during such stay of execution. By s. 8. after sentence passed as aforesaid, and until the execution thereof, such offender Convict how fed shall be fed with bread and water only, (except in case, of receiving the sacrament, or of any violent sickness, or wound, in which case some known physician, surgeon, or apothecary, may be admitted by the gaoler, &c. to administer necessaries; the christian and surname of such physician, &c. and his place of abode, being first Duty of gaoler entered in the books of such prison): And in case such gaoler, &c. shall offend against or neglect to put in execution any of the directions hereby enacted, he shall forfeit his office, and be fined in the sum of £20. and suffer imprisonment, until the same be paid. By s. 9. if any person shall by force set at liberty, or rescue or attempt to rescue or set at liberty, any person out of soner from con- prison, who shall be committed for or found guilty of cution, felony, murder, or rescue or attempt to rescue any person convicted of murder going to execution, or during execution, such offender shall be guilty of felony without benefit of clergy. And by s. 10. if any person shall, after such execution had, by force rescue, or attempt to rescue the body of such offender out of the custody geons, &c. felo- of the sheriff or his officers, (during the conveyance of such body to any of the places hereby directed,) or from the company of surgeons, or their officers or servants, or from the house of any surgeon where the same shall have been deposited in pursuance of this act; he shall be guilty of felony, and liable to be transported for 7 years; and shall be subject to the like punishment, and methods of conviction, in case of returning into or

S. 9.

To rescue pri

fuement or exe

death.

s. 10.

Rescuing the

body from sur

ny, transporta

tion.

31 Geo. 3.c.31.

s. 11.

Provisa.

being found at large within [*Great Britain] within said "Ireland” in 7 years, as other felons are in case of returning from Ir. transportation. [By s. 11. nothing herein shall repeal or alter so much of the 11 Geo. 1. c. 26. as relates to the execution of persons convicted of capital offences în Scotland, for the respective times in said act mentioned.] The 31 Geo. 3. c. 17. Ir. has followed these several clauses of the 25 Geo. 2. c. 37. Ir. (except the last) with Ir. such deviations only as are noted in the margin.

31 Geo. 3. c. 17.

murder, a

Ir.

38 Geo. 3.c.57.

IV. By the 36 Geo. 3. c. 27. Ir. all persons who § 4. shall be convicted of conspiring, confederating, and Conspiracy to capiagreeing to murder any person, shall be adjudged tal felony. felons, and suffer death without benefit of clergy. And 36 Geo. 3.c.27. this act is amended by the 38 Geo. 3. c. 57. Ir. which further enacts, that any person who shall propose to, Ir. solicit, encourage, persuade, or endeavour to encourage Encouraging, or persuade any person to murder any person, shall be commit murder, guilty of felony without benefit of clergy. To which capital felony. statutes there are none corresponding in England.

[ocr errors]

any

or

a

c. another to

treason.

C.

12 Hen. 7. c.7. Eng.

V. The several species of the crime of petit treason, § 5. as enumerated in the 25 Edw. 3. st. 5. c. 2. E. & 1. Species of petir ̈ are when a servant slayeth his master, or a wife her 25 Edw. 3. st.5. husband, or when a man secular or religious slayeth his c. 2. E. & I. prelate, to whom he oweth faith and obedience. The benefit of clergy was first taken away from such offenders by the 12 Hen. 7. c. 7. Eng. which enacts, that if lay person prepensedly murder his lord, master, sovereign immediate, he shall not be admitted to clergy. And by the 23 Hen. 8. c. 1. s. 3. Eng. person found guilty of petit treason, or of any abetment, procurement, helping, maintaining, or counselling to such petit treason, shall be admitted to the benefit of his clergy. And by the 4 & 5 Ph. & M. c. 4. Eng. any 4 & 5 Ph. & M. person who shall maliciously command, hire, or counsel c. 4. Eng.

Petit treason a

his capital felony. no 23 Hen. 8. c. 1.

s. 3. Eng.

Accessaries de

any person to commit any petty treason, shall not have nied benefit of clergy.

t

the benefit of his clergy. It has been already stated that murder, of malice prepensed, was high treason in Ireland prior to the 31 Geo. 3. c. 17. Ir. which repealed the 10 Hen. 7. c. 21, Ir. And it is to be observed that the 25 Geo. 2. c. 27. Eng. and 31 Geo. 3. c. 17. Ir. do

not

not prescribe any distinct mode of punishment for this aggravated species of murder, which is denominated petit treason. The 30 Geo. 3. c. 48. Eng. and 36 Geo. 3. c. 31. Ir. which alter the mode of punishment of women in cases of high and petit treason, will be stated in another place.

CHAP. XII.

§ 1.

Certain acts of

maiming, felo nious.

E. & I.

37 Hen. 8. c. 6.

Eng.

Of Offences against the Persons of Individuals.

THE first statute which altered the punishment, at common law, for the offence of mayhem, is the 5 Hen. 4. c. 5. E. & I. which recites that many offenders do daily 5 Hen. 4. c. 5. beat, wound, imprison, and maim divers of the king's liege people, and after, purposely, cut their tongues, or put out their eyes; and enacts, that offenders that so cut tongues, or put out eyes, and that duly proved and found that such deed was done of malice prepensed, shall incur the pain of felony. And by the 37 Hen. 8. c. 6. Eng. if any person maliciously, willingly, or unlawfully cut, or cause to be cut off, the ear of any subject, otherwise than by authority of law, chancemedley, sudden affray or adventure, he shall not only forfeit treble damages to the party grieved, to be recovered by action of trespass, but shall forfeit to the 22 23 Car. 1 king £10. as a fine. But the 22 & 23 Cav. 2. c. 1. Eng. c. 1. s. 7. Eng. further enacts, (s. 7.) that if any person on purpose, and maiming by ly of malice forethought, and by lying in wait, shall uning in wait, a capital felony. lawfully cut out or disable the tongue, put out an eye, [*slit] the nose, cut off a nose or lip, or cut off or disable any limb or member of any subject, with intention in so doing to maim or disfigure him in any the manners before-mentioned;

Cutting off an ear how punished.

Macious

*"split" in

11 Geo.2. c.8.

Ir.

s. g.

Blood not cor

Ir.

S. 3.

Punishment for

pons.

c. 45. Ir.

with intention to

before-mentioned; such offender, his counsellors, aiders, and abettors, knowing of and privy to the offence as aforesaid, shall be declared felons, and suffer death without benefit of clergy. Provided (s. 8.) that no attainder of such felony shall corrupt the blood, or work a forfeiture of dower, or of the lands or goods of the rupted, &c. offender. The 11 Geo. 2. c. 8. Ir. has followed the 11 Geo. 2. c. 8. 22 & 23 Car. 2. in the above clauses; but further enacts (s. 3.) that no person shall carry about with him any skain, durk, stick loaded with lead, or other secret offensive of the like kind; and it shall be lawful for any carrying secret weapon person to seize such arms; and such offender shall be offensive wea fined a sum not exceeding £5. and suffer such imprisonment as to the judge who shall try the same shall seem reasonable, not exceeding 12 calendar months. And the 13 & 14 Geo. 3. c. 45. Ir. further enacts, that if any 13 & 14 Geo.3. person, on purpose and of malice forethought, and by lying in wait or watching, or waiting for the opportunity, Maiming by with any knife or other sharp weapon, shall cut or stab lying in wait any person in the face, or in any limb or member, or in murder, rob, c. a capital any part of the body, with intent in so doing to murder, felony. rob, or maim, or with an intent to disable or disfigure him, such person so cutting, &c. his counsellors, aiders, and abettors, knowing of and privy to the offence, shall be guilty of felony without benefit of clergy. Provided (s. 2.) that no attainder of such felony shall corrupt the blood, or forfeit the dower of the wife, or the lands, rupted, &c, goods, or chattels of the offender. The 43 Geo. 3. c. 58. E. & I. further enacts, that if any person [wilfully, s. 1. E. & I. maliciously, and unlawfully shoot at any of his majesty's subjects, or wilfully, maliciously, and unlawfully, pre- shooting at any sent, point, or level any kind of loaded fire-arms at any person, or alof his majesty's subjects, and attempt by drawing a capital felony. trigger, or in any other manner, to discharge the same at or against his person;] or shall wilfully, maliciously, and unlawfully stab or cut any of his majesty's subjects, Stabbing or cutwith intent in so doing, or by means thereof, to murder, ting with intent to murder, rob, or rob, or to maim, disfigure, or disable such subject, &c. a capital or with intent to do some other grievous bodily harm to felony. such subject, or with intent to obstruct, resist, or pre

8. 2.

Blood not cor

43 Geo.3. c.58.

Maliciously

tempting it, a

vent

« PreviousContinue »