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manslaughter is done, and other four towns next to the said town, which were before charged with the escapes for such manslaughter, shall be quit of said escapes, without impeachment in any court, or payment to any officer. And the sheriff of the county shall have power to levy the money aforesaid within a month after the manslaughter, and shall deliver it to him that made the said homicide: And if the sheriff be negligent in levying the money as aforesaid, he shall pay it to the party. § 2. II. The benefit of clergy is taken away from one
ZTamitmghirr species of manslaughter (or homicide without malice,)
when a capital , i . i
felony. by the 1 Jac. 1. c. 8. Eng. which enacts, that every
l.iac l.r. 3. person which shall stab or thrust any person that hath
«. 1 & 2. E.:g. r i.i . n
'not then any weapon drawn, or that hath not then first stricken the party which shall so stab, &c. so as the person so slabbed or thrust shall thereof die within 6 months then next following, although it cannot be proved that the same was done of malice forethought, yet such offender, being convicted by verdict, confession, or otherwise according to law, shall be excluded from the benefit of clergy, as in the case of [*wilful s. x murder.] Provided (s. 3.) that this act shall not extend to the killing of any person sc defendendo, or by misfortune, or in any other manner than as aforesaid; nor shall extend to any person which in keeping and preserving the peace shall commit manslaughter, so as the manslaughter be not committed wittingly, willingly, and of purpose, under pretext* and colour of keeping the peace, nor shall extend to any person which in chastising or correcting his child or servant, shall, besides his intent and purpose, chance to commit manslaughter. The
TAV.s.c. 11. 7 W. 3. c. 11. Ir. is a transcript of this statute, except as noted in the margin. $ 3. III. Next as to murder: By the 1 Edw. C>. c. 12.
roitoning ami s. 13. Eng. all wilful killing by poisoning of any person,
fthng" sna" oe deemed wilful murder of malice prepensed;
i Ww G. c. 12. and the offenders therein, their aiders, abettors, pro"*' curers, and counsellors, shall suffer death as in cases of
* "Felony n'chont benefit of clergy'' in 7 W. 3. c. 11. Ir. murder being •h»n treason in frtlanj.
wilful murder of malice prepensed. By the 43 Geo. 3. 43Geo. 3.c.5S. c. 58. E. & I. if any person shall wilfully, maliciously, E' *",and unlawfully administer to, or cause to be adminis- Administering tered to or taken by any of his majesty's subjects, any P"°" u"">TMdeadly poison, or oilier noxious and destructive sub- <* produce mis.
1 • . 1 - 1 1 1 I. carriage, a capi
stance or thing, with intent thereby to murder, or thereby tai/eiuny.
. . .... . l*itnh)imentfor
to or taken by any woman, any medicines, drug, or other administering substance or thing, or shall use or employ, or cause or *?!*'""',*'*
o i 1 J' witn intmt to
procure to be used or employed, any instrument or other P""'"" ""'means with intent thereby to cause or procure the miscarriage of any woman not being, or not being proved to be, quick with child at the time of administering such things, or using such means, such offender, his councilors, aiders and abettors, knowing of and privy to such offence, shall be guilty of felony, and shall be liable to be fined, imprisoned, and set upon the pillory, publicly or privately whipped, or to suffer one or more of said punishments, or to be transported beyond the seas for any term not exceeding 14 years, at the discretion of the court before which such offender shall be tried and convicted. The evidence in one case of murder is regulated by this statute, (s. 3.) which repeals the "■"+• 21 Jac. 1. c. 27. Enp-. and 6 Ann. c. 4. Ir. and enacts, _. , ,
D * J rials of momen
that the trials in England and Ireland respectively ofMmurder of women charged with the murder of any issue of their how tou. bodies, male or female, which being born alive would bv law be bastard, shall proceed and be governed by the •
like rules of evidence and of presumption as are by law used in respect to other trials for murder: Provided (s. 4.) that it shall be lawful for the jury by whose verdict any prisoner charged with such murder shall be acquitted, to find, in case it.shall so appear in evidence, that the prisoner was delivered of issue of her body, male or female, which, if born alive, would have been bastard,
3 N 2 and
and that she did, by secret burying, or otherwise, endeavour to conceal the birth thereof, and thereupon it shall be lawful for the court to adjudge that such prisoner shall be committed to the common gaol or house of correction for any time not exceeding 2 years. The 23Hcn.8. c. 1. 23 Hen. 8. c. 1. s. 3. Eng. was the first statute which s.3. Eng. enacted, that no person found guilty of any wilful murder of malice prepensed, or of any abetment, procurement, helping, maintaining, or counselling of or to any such murder, shall be admitted to the benefit of clergy. lEdw.6.r. |2. And by the 1 Edw. (5. c. 12. Eng. the benefit of clergy s' was also taken away from murderers through malice prepensed, if found guilty, or confessing the same upon arraignment, or not answering directly, or standing wil4&5Ph.&M. fully mute: And by the 4 & 5 Ph. & M. c. 4. Eng. every person maliciously commanding, hiring, or counMurdnrrtand selling any person to commit wilful murder, being out'iiepkediTb" 'awed thereof, or found guilty or otherwise attainted, nefitvf clergy, or who being arraigned shall stand mute, or challenge peremptorily above 20 persons, or will not answer directly to such offence, shall not have the benefit of t. 8; clergy. Provided (s. 2.) that every lord of parliament, „ .. and peer of the realm, having place and voice in parliament, upon every indictment for any of the offences in s. 1. shall be tried by his peers. The offence of murder, of malice prepensed, was made high treason in Ireland by the 10 Hen. 7. c. 21. Ir. but this statute was oiGeo.s.c.n repealed by the 31 Geo. 3. c. 17. Ir. which enacts (s. 1.) . that all persons, who shall be found guilty of wilful murder of malice prepensed, or of any abetment, procurement, helping, maintaining, or counselling of or to any •uch murder, shall be adjudged felons, and be excluded from the benefit of clergy. In order that some further terror, and peculiar mark of infamy, may be added to the punishment of death inflicted on such as are guilty cjOo.'j c.37. of murder; the 25 Geo. 2. c. 37. Eng. enacts, that all persons found guilty of wilful murder, shall be executed F.xmtiion of on tne jay next but one after sentence passed, unless an ih,i to tt. the same shall be Sunday, and in that case on the Monday ,? following. And by s. 2. the body of such murderer
shall, if such conviction be in the [*county of Middlesex, Their bodies to or within the city of London, or the liberties thereof,] ** d^"c'"1be immediately conveyed by the sheriff, his deputy, and officers, to the hall of the surgeons company,t or such 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 or place in [fGreat Britain,] then the judge shall award J.« Ireland" ;n the sentence to be put in execution the next day but 31Geo-3-c-17one 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 Jsurgeon as such judge shall direct. By s. 3. sentence shall be pro- ,.3. nounced in open court immediately after the conviction of such murderer, _and before the court shall proceed to ^"umJpwother business, unless the court shall see reasonable '•<"""*''• 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, s, i# the judge before whom such criminal shall be tried, may Execution may stay the execution of such sentence, regard being had *"Uaydto the true intent of this act. And by s. 5. such judge „ 5_ may appoint- the body of such criminal to be hung in chains: But in no case shall the body of any mur-AuJ hijiatus. derer be suffered to be buried, unless after being dissected, as aforesaid; and such judge shall direct the «ame 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 ^ 6_ and judgment, the <raoler or keeper to whom such crim- D „
J o * o r Prisoner, after
inal shall be delivered for safe custody, shall confine him «»<>•»'•■ *»«"
dealt uith by tO gaoler.
• " County of Dublin, or county of the city of Dublin," in 31 Ueo. 3. c. 17.1r. f " In the cily of Dublin" here aild.il in 31 Geo. 3. c. 17. Ir.
J " To the surgeon of the infirmary of the county in which suoh trial shall be, if there be an infirmary of such county, and if not, then to such surgeon « such ju!b-c s jail (J.rcc." in 01 Ceo. 3. c. 17. Ir.
to some cell, or other proper place within the prison, separate from the other prisoners; and no person, except the gaoler, fyc. or his servants, shall have access to such prisoner, witbojit 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. Pro,. 7. vided (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 8 such stay of execution. By s. 8. after sentence passed as aforesaid, and until the execution thereof, such offender Conviei *>»/«'s|ian be fed with bread and water enly, (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 2>»ty 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 ». 9. 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
7;i rnr'it pii- .
**rrfwma>n- prison, who shall be committed for or found guilty of r'tt^H,njtLnl'~maT^er> or rescue or attempt to rescue any person contteatk. victed of murder going to execution, or during execu
tion, such offender shall be guilty of felony without , 10> benefit of clergy. And by s. 10. if any person shall, after such execution had, by force rescue, or attempt iodtfimmr. to rescue l')e body of such offender out of the custody fnn<, kc.feio- 0f the sheriff or his officers, (dnrin"; the conveyance of
dun. 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