CHAP. 12. The punishment of felons refusing
lawful trial.
CHAP. 13. The punishment of him that doth
ravish a woman.
CHAP. 14. Appeal against the principal and
accessary.
CHAP. 18. Who shall assess the common fines
of the county.
CHAP. 19. A sheriff having received the king's
debt, shall discharge the debtor.
CHAP. 20. Offences committed in parks and
ponds.--Robbing of tame beasts in a park.
CHAP. 21. No waste shall be made in wards
lands, nor in bishops during the vacation.
CHAP. 22. The penalty of an heir marrying
without consent of his guardian.--A woman ward.
CHAP. 23. None shall be distrained for a debt
which he oweth not. |
CHAP. 12. A difference of opinion has prevailed
in England, on the question, whether the
peine forte et dure subsisted at the common law,
or was introduced in consequence of this statute.
I find on the records of the provincial court,
two cases of prisoners standing mute, in the year
1668. The one, of an Indian, on which the judgement
of the court was, that he was guilty of murder,
and he was sentenced to be hanged. The
other was an indictment against a negro man for
killing his mistress. The record states that he
stands in a manner mute. " Upon this matter,
these things being heard, and by the court fully
understood, it was considered that the said Jacob
is guilty of petit treason," and he was sentenced
to be hanged.
The act of 1737, Ch. 2, and some others speak
of conviction by standing mute, but there are
some other criminal acts, in which such cases are
not provided for. At present, under the act of
1809, Ch. 138, S. 12, the courts are directed to proceed
to the trial of persons standing mute, as if
they had pleaded not guilty, and to render judgment
thereon accordingly.
CHAP. 13. This punishment was altered by
13 Edw. 1, St. 1, Ch. 34, which made the offence
felony. See the note on that statute.
CHAP. 14. See 2d Inst. 182, and 1 Hale, 623.
There is no proceeding to shew the previous extention
of this statute, and it was altered by 1 Anne,
Ch. 9.
CHAP. 21. See the note on 9 Hen. 3, Ch. 5.
CHAP. 22. Same. |
