How punished at common jaw. How by statute. maihems, because they do not weaken a man, but only disfigure him. Co. Lit. 126, 128. 3 Inst. 62, 118. By the old common law of England, castration was punished with death even though committed upon the highest provoca. tion*, and other maihems with the loss of member for member; but this afterwards went out of use, partly because the law of retaliation is at the best an inadequate rule of punishment, and partly because upon a repetition of the offence, the punishment could not be repeated; so that, by the common law, as it for a long time stood, maihem was only punishable with fine and imprisonment. Bract. 144. 3 Inst. 62. 1 Hawk. c. 44. s. 3. 4 Black. Com. 206. But subsequent statutes have put the crime and punishment of maihem more out of doubt. 4 Black. Com. 206. For, first, by stat. 5 Hen. 4. c. 5, To remedy a mischief that then prevailed, of beating, wounding, or robbing a man, and then cutting out his tongue, or putting out his eyes, to prevent him from being an evidence against them, (4 Black. Com. 206.) it is declared that offenders who beat, wound, imprison, and maim the king's liege people, and after purposely cut out their tongues or put out their eyes, if it be proved and found that such deed was done of malice prepensed, shall be adjudged felons; that is, (as Sir Ed. Coke, in his 3 Inst. 62. explains it,) voluntarily, and of set purpose, though done upon a sudden occasion. Next in order of time is the stat. 37 Hen. 8. c. 6, which directs, that whoever shall maliciously and unlawfully and wittingly cut, or cause to be cut off the ear of any of the king's subjects, otherwise than by authority of law, chance-medley, sudden affray, or adventure, shall forfeit treble damages to the party grieved, by action of trespass, and 107. to the king, in the name of a fine. The last statute, but by far the most severe and effectual of all, is that of 22 & 23 Car. 2. c. 1. called the Coventry Act, being occasioned by an assault on Sir John Coventry in the street, and slitting his nose, in revenge (as was supposed) for some obnoxious words uttered by him in parliament: by which statute it is enacted, That if any person on purpose and of malice forethought, and by lying in wait, shall unlawfully 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 of his majesty, with intention to maim or disfigure in any the manners before-mentioned, such his majesty's subjects; the * Coke, in his 3 Inst. p. 62, transcribes a record of Henry the Third's time, by which a gentleman of Somersetshire and his wife appear to have been ap prehended, and committed to prison, being indicted of having castrated John the monk, who was caught in adultery with the wife, persons so offending, their counsellors, aiders, and abettors, (privy to the offence) shall be felons without benefit of clergy; but this is not to corrupt blood, or forfeit the dower of the wife, or the lands or goods of the offender. s. 7, 8. In the construction of this last statute, it hath been held, that if a man attack another of malice forethought, in order to murder him, with a bill, or any other such like instrument, which cannot but endanger the maiming him, and in such attack happen not to kill but only to maim him, he may be indicted on this statute, together with all those who were his abettors, and it shall be left to the jury on the evidence, whether there was a design to murder by maiming, and consequently a malicious intent to maim, as well as to kill in which case the offence is within the statute, though the primary intention was murder +. 1 Hawk. c. 44. s. 6. It may also be proper to observe, that if the maihem comes not within any of the descriptions of the act, yet it is indictable at common law, and may be punished by fine and imprisonment; or an appeal may be brought for it at the common law; in which the party injured shall recover his damages, or he may bring an action of trespass; which kind of action hath now generally succeeded the place of appeals in smaller offences not capital. 1 Hawk. c. 44. See also STABBING, supra, and general title ASSAULT. MANUFACTORIES, BREAKING INTO.]-By 22 Geo. 3. c. 40, Woollen (extended by 29 Geo. 3. c. 46. s. 2. to Scotland), If any person shall, by day or by night, break into any house or shop, or enter by force into any house or shop, with intent to cut or destroy any serge or other woollen goods in the loom, or any tools employed in making thereof; or shall wilfully cut or destroy such serges or woollen goods in the loom, or on the rack; or shall burn, cut, or destroy, any rack on which such serges or * But it doth not seem that in maiming there can be any accessaries after the fact. 1 Hawk. c. 44. + This was in Coke's case, which is somewhat singular, and was as follows: Mr. Coke, a gentleman of Suffolk, and one Woodburn, a labourer, were indicted in 1722, Coke for hiring and abetting Woodburn, and Woodburn for the actual fact, of slitting the nose of Mr. Crispe, Coke's brother in-law. It seems that the murder of Crispe was intended, and he was left for dead, being terribly hacked and disfigured with a hedge-bill; but he recovered. Now the bare intent to murder is no felony; but to disfigure with an intent to disfigure is made so by this statute; they were therefore indicted thereon, and Coke, who was a disgrace to the profession of the law, had the effrontery to rest his defence upon this point, viz. that the assault was not committed with an intent to disfigure, but with an intent to murder; and therefore not within the statute; the court however, having ruled as above, the jury found them guilty of a previous intent to disfigure, in order to effect their principal intent to murder, and they were both condemned and executed: Slate Trials VI. 212. 4 Black, Com, 207, Linen. Colton. other woollen goods are hanged to dry, or shall wilfully break or destroy any tools used in the making such serges or woollen goods, not having the consent of the owner so to do; such offender shall be guilty of felony, without benefit of clergy. 8. 1. By 22 Geo. 3. c. 40, (extended by 29 Geo. 3. c. 46. s. 3. to Scotland,) If any person shall, by day or by night, break into any house or shop, or enter by force into any house or shop, with intent to cut or destroy any velvet, wrought silk, or silk mixed with any other materials, or other silk manufacture, in the loom, or any warp or shute, tools, tackle, or utensils; or shall wilfully cut or destroy any velvet, wrought silk, or silk mixed with any other material, or other silk manufacture in the loom, or any warp or shute, tools, tackle, or utensils, pres pared or employed in the making thereof; or shall wilfully break or destroy any tools, tackle, or utensils, used in weaving any velvet, wrought silks, or silks mixed with other materials, or other silk goods or silk manufacture, not having the consent of the owner so to do; such offender shall be guilty of felony without benefit of clergy. 8. 2. By 4 Geo. 3. c. 37, If any person shall, by day or night, break into any house, shop, cellar, vault, or other place or building, or by force enter into any house, &c. with intent to steal, cut, or destroy, any linen yarn, or any linen cloth, or any manufacture of linen yaru belonging to any manufactory, or the looms, tools, or implements used therein; or shall wil fully cut in pieces or destroy any such goods, either when exposed to bleach or dry; such offender shall be guilty of felony without benefit of clergy. s. 16. By 22 Geo. 3. c. 40, (extended by 29 Geo. 3. c. 46. s. 4, to Scotland,) If any person shall, by day or by night, break into any house or shop, or enter by force into any house or shop, with intent to cut and destroy any linen or cotton, or linen and cotton mixed with other materials, or other linen or cotton manufactures in the loom, or any warp or shute, tools, tackle, and utensils; or shall wilfully cut or destroy any, linen or cotton, or linen or cotton mixed with any other materials, or other linen and cotton manufacture, in the loom, or any warp or shute, tools, tackle, and utensils, prepared for, or employ. ed in the making thereof; or shall wilfully break and destroy any tools, &c. used in carding, spinning, weaving, preparing, or making, in any way whatever, any such linen or cotton, or linen or cotton mixed with other materials, or other linen and cotton goods, or linen and cotton manufactures whatsoever, not having the consent of the owner so to do; such offender shall be guilty of felony without bencfit of clergy. s. 3. MONEY.-See general title COIN. MILLS.-See RIOTS. MURDER.-See general title HOMICIDE. MUTINY.]-By 37 Geo. 3. c. 70. (in force until August 1st. 1807. 41 Geo. 3. sess. 1. c. 29.) Any person who shall endea vour to seduce any person serving in his majesty's forces, by sca or land, from his duty and allegiance to his majesty, or to incite or stir up any such person to commit any act of mutiny, or to make, or endeavour to make, any mutinous assembly, or to commit any traitorous or mutinous practice whatsoever, shall be guilty of felony, and suffer without benefit of clergy. s. 1. Any offence committed against this act, whether committed on the high seas or within England, may be prosecuted and tried before any court of oyer and terminer or gaol delivery for any county in England, as if the said offence had been therein committed. s. 2. But any person tried and acquitted, or convicted of any offence against this act, shall not be liable to be tried again for the same offence, as high treason, or misprision of high treason; and nothing in this act shall prevent any persons not tried for an offence against this act, from being tried for the same as high treason, or misprision of high treason. s. 3. NORTHERN BORDERS.]-By 43 Eliz. c. 13, "For restrain"ing the incursions, robberies, and burning and spoiling of "towns, villages, and houses within Cumberland, Northumber"land, Westmorland, and Durham, and the cruel treating the "subjects in the said counties, by enforcing them to pay money "corn, cattle, or other consideration, commonly called black "maile, to divers inhabiting upon or near the borders, com"monly known to be great robbers and spoil-takers within the "said counties, in order to be protected from the danger of such (6 as used to rob and steal in those parts;" IT IS ENACTED, that whosoever shall, without lawful warrant, take any of her majesty's subjects against their will, and carry them out of the Carrying off counties of Cumberland, Northumberland, Westmoreland, and Durham, or to any other place within the said counties, or de- prisoning them tain or imprison them against their wills, to ransom them, or to toransomor make a prey or spoil of their person or goods, upon deadly feud make prey or spoil upon or otherwise; or whosoever shall be privy or assisting unto any deadly fead. such taking, &c. persons or im Or whosoever shall take or carry, to the use of himself, Taking or givor wittingly to the use of any other, any money, corn, ing blackcattle, or other consideration, called Black-maile, for the maile. protecting of them or their lands or goods from such thefts aud robberies; or whosoever shall give any such black-maile : Burning barns or stacks of corn. Or shall wilfully and of malice,burn, or cause to be burned,or aid or consent to the burning any barn or stack of corn within the said counties, and shall be indicted and convicted, or shall stand mute, or shall challenge peremptorily above twenty, before the justices of assize of oyer and terminer, or justices of peace at their sessions, shall be adjudged felons without benefit of clergy. S. 2. And every clerk of the peace shall, within two months after any outlawry, deliver under his hand the names of all such as are outlawed to all the sheriffs of the said counties; who shall proclaim them to be outlawed in their county courts, and in Carlisle, Penrith, Cockermouth, Appleby, Kendal, Newcastle upon Tyne, Morpeth, Alnwick, Hexham, Duresme, Darling. ton, Bishop Aucland, Bernard Castle, and Berwick, and once in the month at the court proclaim the said persons outlawed, until they yield their bodies to prison. And the mayors and chief officers within the said cities and towns shall proclaim the like at every fair, and once every six weeks at their markets. All which persons making default, may be proceeded against before the above justices by information, and punished by fine or imprisonment or otherwise. s. 4, 6. And if any person shall wittingly relieve, entertain, or confer with, any such person outlawed, and shall not do his endeavour to take such person, he shall on a like conviction suffer impri sonment six months, and be bound with two sureties for his good behaviour for one year after. s. 5, 6. By 13 & 14 Car. 2. c. 22, (made a public act by 6 Geo. 2. c. 37, and perpetual by 31 Geo. 2. c. 42. s. 1,) It shall be lawful for the justices of peace of the counties of Northumberland and Cumberland, at any general sessions, to make an order of ses◄ sions for charging the inhabitants of the respective counties, for the securing of the said counties from violence of the mosstroopers*, so that Northumberland be not charged above 5001. nor Cumberland above 2001. in the year; but the justices of either of the said counties may lessen the said charge. s. 2, 3, 6. And the justices of peace at their quarter-sessions may appoint persons to have the command of a number of men, not exceeding thirty in Northumberland and twelve in Cumberland, whereby the malefactors aforesaid may be apprehended. $. 3. And the quarter sessions shall yearly, or every two years at farthest, appoint persons for the said counties respectively, to be employed in the said service. 29 & 30 Car. 2. c. 1. s. 3. And the justices of peace of the said countics shall at their Thieves and robbers, so called, because after having committed offences in the borders, they escape through the wastes and mosses, |