31 Geo. 3.c.31. s. 11. Proviso. 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 in 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. Ir. IV. By the 36 Geo. 3. c. 27. Ir. all persons who § 4. shall be convicted of conspiring, confederating, and Conspiracy to murder, a 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 38 Geo. 3.c.57. 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 a capital felony. statutes there are none corresponding in England.. c. another to treason. V. The several species of the crime of petit treason, 5. as enumerated in the 25 Edw. 3. st. 5. c. 2. E. & I. Species of petit 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 . 2. E. & I. prelate, to whom he oweth faith and obedience. The benefit of clergy was first taken away from such offenders c. Eng. Petit trenson a his capital felony. no 23 Hen. 8. c. 1. s. 3. Ing. by the 12 Hen. 7. c. 7. Eng. which enacts, that if any 12 Hen. 7. c.7. lay person prepensedly murder his lord, master, or 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. 4. Eug, any person to commit any petty treason, shall not have nied benefit of 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 which repealed the 10 Hen. 7.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 Accessaries de clergy. 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 anether place. CHAP. XII. $ 1. E. & L. Eng. Of Offences against the Persons of Individuals. THE first statute, which altered the punishment, at Certain acts of common law, for the offence of mayhem, is the 5 Hen. 4. ma mmg, felo nious. 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, 37 Hen. 8. c. 6. 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 Cor. 1. king £10. as a fine. But the 22 & 23 Car. 2. c. 1. Eng. c. 1. s. 7. Eng. further enacts, (s. 7.) that if any person on purpose, and maining by ly of malice forethought, and by lying in wait, shall uncapital 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 Cutting off an ear how pun ished. ing in wait, a * "split" in 11 Geo.2.c.s. any limb or member of any subject, with intention in so doing to maim or disfigure him in any the manners Ir. before-mentioned; 3. 8. Blood not tor ir. s. 3. Punishment for carrying secret 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 olfensive weapon of the like kind; and it shall be lawful for any person to seize such arms; and such offender shall be offensive ca 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. Aud 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, 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-showsting 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 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 s. 2. Blood not corrupted, &c. 43 Geo.3. c.58. Maliciously tempting it, a to murder, rob. § 2. Forcible abdue tion of women, a felony. E. & L vent the lawful apprehension and detainer of the person so stabbing or cutting, or the lawful apprehension, &c. of any of his accomplices, for any offences which he may be liable by law to be apprehended, imprisoned, and detained; such offender, his counsellors, aiders, or abettors, knowing of and privy to such offence, shall be guilty of felony without benefit of clergy: Provided that if it shall appear on the trial of any person indicted for wilfully, &c. shooting at, &c. that such acts [*of stabbing or cutting] were committed under such circumstances as that if death had ensued thereon, the same would not in law amount to the crime of murder, then the person so indicted shall be acquitted. The clause of the 9 Geo. 1. c. 22. Eng. which relates to the offence of wilfully and maliciously shooting at any person, has been already stated ante p. 624. And the first branch of the 43 Geo. 3. c. 58. supra, is to be referred to the same head. The 15 & 16 Geo. 3. c. 21. s. 3. Ir. ante p. 629. 24 Geo. 3. c. 47. s. 11. Eng. ante p. 681. 45 Geo. 3. c. 121. U. K. ante p. 686. and 46 Geo. 3. c. 106. Ir. ante p. 692. are to be here also referred to. II. Next as to the crime of abduction: The 3 Hen. 7. c. 2. E. & I. recites, that women, as well maidens, as widows, and wives, having substances, some in goods 3 Hen. 7. c. 2. moveable, and some in lands and tenements, and some being heirs apparent unto their ancestors, for the lucre of such substances, be oftentimes taken by misdoers, contrary to their will, and after married to such misdoers, or to others by their assent, or defiled; and enacts, that any person taking any woman so against her will, or procuring and abetting to the same, and also receiving wittingly the same woman so taken against her will, and knowing the same, shall be guilty of felony; and such misdoers, takers, and procurators, and receitors, knowing the said offence in form aforesaid, shall be adjudged principal felons. Provided that this act extend not to any person taking any woman, only claiming her as This clause seems to be incorrectly printed, as it does not embrace the acts of "shooting at, &c." enumerated in the preceding part of the clause. $. 2. Proviso. filement, a capi s. 8. as his ward or bond-woman. And the 39 Eliz. c. 9. 39 Eliz. c. Eng. further enacts, that every person who shall be con- s. 1. Eng. victed or attainted of any offence made felony by the Benefit of cler3 Hea. 7. c. 2. supra, and stand mute, or make no direct gy taken away. answer, or shall challenge peremptorily above 20, shall suffer death without benefit of clergy. Provided (s. 2.) that nothing herein shall take away the benefit of clergy but only from principals, or procurers or accessaries before the offence committed. The 6 Ann. c. 16. s. 7. 6 Ann. c. 16. s. 7. Ir. Ir. also enacts, that if any maid or woman be taken or carried away by force against her consent, and after be Abduction ac married or defiled by such person who carried her away, marriage or decompanied by or by any other person, by his assent or procurement, tal felony. whether such marriage or defilement be with or without the consent of such maid, &c. every person so marrying or defiling such maid or woman, and the aiders and procurers of such forcible taking away, &c. and all, as well principals as accessaries before such fact, shall be guilty of felony without benefit of clergy. And by s. 8. if any person, being principal or accessary before such offence committed, shall be indicted and arraigned for cessaries stand the taking away of any such maid, &c. by force, against her consent, and marrying or defiling her, and upon his trial shall stand mute, or make no direct answer, or challenge peremptorily above 20, he shall suffer death without benefit of clergy. But the 19 Geo. 2. c. 13. 19 Geo. 2.c.13. s. 2. Ir. recites, that the said provisions of the 6 Ann. c. 16. s. 7. supra, are frustrated by the difficulty of proving Abduction, a marriage or defilement; and therefore enacts, that if though natany maid or woman be taken or carried away by force, marriage or defilement, a capiagainst her consent, with intent to marry or defile such tal felony. maid, &c. contrary to the said provisions of the 6 Ann. such person so taking or carrying away such maid, &c. with such intent, and the aiders and procurers of such forcible taking and carrying away such maid, &c. and all, as well principals as accessaries before such fact committed, shall be guilty of felony without benefit of clergy. The 4 & 5 Ph. & M. c. 8. Eng. rather regards fraudulent than the forcible abduction of women. the Principals or ac ing mule, &c. s. 2. Ir. companied with Fraudulent abduction of wiThis men of fortune under the age of statute 16 years, how punished. |