Page:Select Essays in Anglo-American Legal History, Volume 1.djvu/497

 U. ROBINSON: ANTICIPATIONS 483 In what Is commonly though too narrowly called Crim- inal Law the Republicans made few improvements. As to treason and rebellion, that necessity of preserving some con- stitution which created High Courts of Justice must answer for their proceedings. As to other crimes, reforms were planned, but (so inadequate were conceptions of the dignity and value of the individual) few of these were carried out, and some measures were proposed and contemplated which were retrogressive. In 1648 it was suggested that treason, rebellion, and murder only should be capital, and that other felonies should be punished by fines or by servitude to the person injured.^ The Committee of 1653 proposed to dis- continue pressing to death in default of pleading,^ to acquit (without penalty or forfeiture, pardon or deodand) justi- fiable and excusable homicides, to punish principals in man- slaughter and accessories before the fact with judgment of death without forfeiture or corruption of blood, and accessories after the fact with forfeiture and five years' imprisonment ; ^ to abolish " clergy ; " to repeal the law approved by Selden " of devoting to the flames those wicked baggages who stain their hands with the nefarious murder of their husbands." * Then acts were passed — one, embody- ing another of their proposals, against provocations to duels ; ^ one against those who encouraged others in extrav- agance ; ^ others against cockfights and horseraces. ^ But the imaginary offence of witchcraft was left criminal ; deer- killing was punished by a fine of £15 or a year's imprison- ment ; acts, sinful or vicious rather than criminal, were pun- ished; incest, adultery, and repeated fornication were pun- ished with death ; so the Committee were for making bigamy capital, and cutting off the right hand of a murderer before Stt. 12 Geo. iij. c. 20; 7 and 8 Geo. iv. c. 28. ' 6 Somers's Tracts, 235. Selden, "Jomw Augl," bk. 1, c. 11. Cp. Statt. 30 Geo. iii. c. 48; 54 Geo. iii. c. 146; 9 Geo. iv. c. 31. «6 Somers's Tracts, 188: Statt. 1654, c. 36; 1656, c. 10. •St. 1656, c. 26: Comm. Journ. 1650, June 7: 3 Pari. Hist. 1346. » Statt. 1654, cc. 2, 39: Grey's note on " Hudibras," 1, 1, 800.
 * " An experimental essay," etc.
 * 6 Somers's Tracts, 234, 235: "Exam. legg. Angl." c. 11, §9. Cp.
 * 6 Somers's Tracts, 236: 6 Rep. pref. (quoting Caesar, 6 B. G. 19):