The tryal and condemnation of Arundel Coke alias Cooke Esq; and of John Woodburne labourer, for felony, in slitting the nose of Edward Crispe Gent. Contrary to the 22 & 23 Car. II, cap. I intitled, An act to prevent malicious maiming and wounding; who were found guilty at the assizes held before the Right Honourable Sir Peter King knt. ... at Bury St. Edmonds, Tuesday the 18th of March 1721, and received sentence the day following / [Arundel Coke].

  • Coke, Arundel, -1722
Date:
1722
Catalogue details

Licence: Public Domain Mark

Credit: The tryal and condemnation of Arundel Coke alias Cooke Esq; and of John Woodburne labourer, for felony, in slitting the nose of Edward Crispe Gent. Contrary to the 22 & 23 Car. II, cap. I intitled, An act to prevent malicious maiming and wounding; who were found guilty at the assizes held before the Right Honourable Sir Peter King knt. ... at Bury St. Edmonds, Tuesday the 18th of March 1721, and received sentence the day following / [Arundel Coke]. Source: Wellcome Collection.

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    [*?] Where a new Offence has been created by Statute, or an old one madfe more penal, the utmofl Stridnefs has always been us’d to comply with the Letter of the Statute, whatever InconvenienCies might refult from fuch a Reftraint. As for Example: By the Statute of the 39 EliZ. cap. 1 y. Clergy is taken away from any Perfon or Perfons, who fhall be convided of taking any Money, Goods, or Chattels out of any Dwelling-houfe, &c. in the Day-time, to the Value of five Shillings. One Evans and one Finch, were iridided on this Statute. 1 Croke, 473. Evans, and Finch’s Cafe: The Cafe was thus upon the Evidence, That Evans by a Ladder climbed to the upper Window of one Audleys Houfe, and took out thereof Forty Pounds; and that Finch flood upon the Ladder in View of Evans, and faw Evans in the Chamber, and was affiding and helping to the commit¬ ting of the Robbery, and took Part of the Money ; upon a fpecial Ver- did it was adjudged, that becaufe Finch did not adually enter the Chamber, and take the Money; tho’ what he did amounted to a ta^ king by Conflrudion of Law, and was fuch a taking as made him a Felon ; yet the very Letter of all penal Statutes mufl be purfued* and therefore he, id eft, Finch, had his Clergy, and Evans was hanged* Numerous Cafes might be put of this Kind of Nicety in the Con¬ flrudion of Penal Statutes. To mention but one more: By the Statute of 1 Edw. 6. cap 1E. Clergy is taken away from fuch Perfons, as {hall be convided for the felonious dealing of Horfes, Geldings or Mares. So fcrupuloufly did the Judges adhere to the Letter of this Law, that there was forced to be another Statute made, viz. 2 & 3 Edw. 6. cap. 33. To enad, That a Perfon convided for felonioufly dealing one Horfe, fhould be ouded of his Clergy in the fame Manner as if he had dole two. Nor is it in this Cafe enough to (ay, the Jury are Judges of all this: For as the Evidence now appears,- and is admitted, it is matter of Law, how far this Evidence thus admitted on all Hands, is fufficient to fup- port this Indidment. If it were in a Civil Cafe, the Party might de¬ mur to the Evidence. But if he is not allowed that Liberty in criminal Cafes, it is upon the common Notion, That the Judges are the Prifo- ner’s Counfel; and are obliged to determine all the Matters in Law ari- iing upon the Evidence; as much as if the Perfons had demurred to that Evidence. And as in this Cafe, the Prifoner admits the Evidence given to be true, and infills upon it, that it doth not fupport the Indidment ; and therefore has a Right to have the Opinion of the Judges thereupon, as much as if the Evidence were dated at Length upon the Record ( as it mud be in the Cafe of a Demurrer to Evidence ) and nothing ought to be left to the Jury, but under the Judges Diredions as to Point of Law. In all thefe Cafes therefore, my Lord, it has been ufual to allow the Fad to be fpecially found; which gives the Prifoner the Advantage he might have had by the Demurrer to the Evidence. Serjeant Selby. My Lord, I do agree with the Prifoner at the Bar, that this is a very penal Statute, and that thefe Fads mud be made out to bring his Cafe within the Letter of the Ad, viz. An Intention or Purpofe of Malice forethought, to maim or disfigure in fuch a Man* H ner