FIXED EXPRESS change the whole of the sentence into beheading, by a warrant under the sign manual. JUDGMENTS. Judgment in treason for coin ing, &c.* Treasons relating to the coin, were never subject to the severities with which those affecting the government were formerly [703] attended (a). In case of men, the judgment was merely to be drawn and hanged, for this was the rule of common law, and has not been altered by any subsequent statute (b). The sentence is," that the defendant be drawn to the place of execution, and there be hanged until he shall be dead" (c). Some doubt indeed formerly prevailed respecting clipping, and other offences, made treason by statute; because it is a general rule, that where an act of parliament makes an offence treason or felony, it annexes to it, at the same time, all the consequences which, at common law, belong to offences of the same description (d); but as other treasons of the same kind were always visited with a milder punishment, the more merciful opinion has prevailed, and the present form of judgment is used in every case of the kind, however created (e). But women were both in this and high treason to be burned; which cruel sentence was, like the other, commonly evaded. The humanity of modern times has also removed this barbarism; for by the 30 Geo. 2. c. 48, women convicted of any species of treason, are to receive judgment to be drawn and hanged, without any further indignity or outrage. Judgment for The judgment, in case of petit treason, is precisely the same when passed upon males, as that in offences relating to the coin and the sign manual (ƒ). Formerly the judgment against females was the same as that to which they were anciently liable in every 1 Hale, 351. Post, last vol. (d) 3 Inst. 17. 1 Hale, 352, 3. 2 Hale, 398, 9. c. 48. s. 4. Hawk. b. 2. See Williams, J. Judgment. *As to offence of, and judgment for, coining, see post, vol. ii. chap. vi. † See post, vol. iii. 744. JUDGMENTS. case of treason, viz. to be burned to death as traitors. But, at FIXED EXPRESS the same time that it was provided that, in case of high treason, they should be drawn and hanged (a); the same regulation was extended to petit treason. And as some regulations had been made for the more solemin and speedy punishment of the crime of murder, it was resolved by all the judges, that in case of males, these additional severities should form a part of the sentence in petit treason (b). So that when women were placed on the same footing in other respects, by the abolition of burning, they were at the same time made liable to all the penalties inflicted by statute upon wilful murderers. Murder *. There does not seem to have been any difference, at common Judgment for law, between the judgment for murder, and other capital felonies. The present sentence is entirely regulated by the 25 Geo. 2. c. 37, which was passed, in order to strike the mind with a deeper horror of this enormous offence. By that statute the sentence is to be passed in open court, immediately after the conviction, and is to comprise the whole of the marks of infamy prescribed by the act, as well as the time and place of execution (c). With respect to these, it is provided that the murderer shall be put to death on the next day but one to that on which sentence is pronounced, unless that day happens to be on Sunday, and then on the Monday following (d). But it is not essential to award the day of execution in the sentence, the statute in that respect being only direc tory; and if a wrong day is awarded, it will not vitiate the sentence, if the mistake is discovered, and set right during the assizes (e). It is also directed that the body, if the execution. should take place in London or Middlesex, shall be delivered by the sheriff to the hall of the surgeon's company; or, in the country, to such surgeon as the judge shall appoint, in order to dissection (f). But it is questionable, whether the award of dissection and anatomising is an essential part of the sentence, to (a) 30 Geo. 2. c. 48. See form, 4 Bla. Com. Appendix, IV; and the judgment must still be so passed, the 4 Geo. 4. c. 48, making no (e) Russ. & Ry. C. C. 230, Post, vol. iii. 740. JUDGMENTS. FIXED EXPRESS be pronounced by the judge upon a conviction for murder (a). During the interval between sentence and execution, the criminal must be kept in a cell apart from other prisoners (b), and allowed no sustenance but bread and water, except in case medicine is necessary, or of the administering the sacrament of the Lord's [705] Supper (c). The judge may, if he think proper, appoint the body to be hung in chains (d). But it has been holden, that the hanging in chains should never be made a part of the sentence, but should be directed by an order of the judge previous to the execution (e). In the operation of this statute peers as well as commons are included (ƒ). And we have already seen, that petit treason, though not specially named, has been holden to be within its provisions (g). But the judges are invested with a discre tionary power to respite the sentence, or the execution, for a longer time (h), or to dispense with any of its peculiar severities, if they see there is occasion for indulgence (i). Judgment for felony in general. Judgment for There is but one form of judgment for every other description of felony, which the benefit of clergy is not permitted to miti gate. The present form has prevailed ever since the reign of Henry 1 (k). It is, simply, that the offender be hanged by the neck till dead (7). It should not conclude that the felon be in mercy, &c (m). The judgment, as entered on the record, is with a singularly laconic brevity, sus. per col. instead of suspendatur per collum, as if the infliction of capital punishment were a circumstance of trifling moment (n). Another description of stated judgments, are those to be pronounced on a conviction of pramunire, which it will be proper to JUDGMENTS. notice, though the statutes by which they are denounced are FIXed express become obsolete. If the defendant be in prison at the time, the sentence to be pronounced upon him is, "that he shall be out of the king's protection, and that his lands and tenements, goods and chattels, shall be forfeited to the king, and that his body shall remain in prison at the king's pleasure;" and if he be condemned by default for not appearing, the words relative to the duration of the imprisonment are changed into a capiatur, by which he may be taken (a). The last instance of the execution of this sentence, was against several Quakers for refusing to take the oath of allegiance in the reign of Charles the Second (b), where the court resorted to the most illegal and unjustifiable modes of obtaining a conviction. The judgment against an offender convicted of misprision or Judgment for Misprision of concealment of treason, is the forfeiture of goods, the loss of the Treason or Felony. profits of lands during life, and imprisonment for the same period (c). Misprision of felony in a public officer is imprisonment for a year and a day; in a common person for a less discretionary time; and, in both, fine and ransom at the king's pleasure, which is construed to mean the discretion of his courts of justice (d). nors. Besides these crimes of a higher colour, there are some mis- Other express fixed judgments demeanors to which peculiar judgments have been adapted. for MisdemeaThus, the judgment for drawing a sword on a judge, or striking any person in the king's higher courts, is, that he shall be imprisoned during life, forfeit all his goods, and the profits of his estate, and that his right hand shall be cut off at a certain place, mentioned in the sentence (e); but the king may dispense with a part of this sentence, by authorizing the attorney-general to enter a (a) See form, Rast. Ent. 465. Co. Lit. 129. 2 Harg. St. Tr. 470. 3 Inst. 218. Hawk. b. 2. c. 48. s. 9. 4 Bla. Com. 117. Williams, J. Judgment. (b) 2 Harg. St. Tr. 463. 4 Bla. Com. 118, n. (b). (c) 3 Inst. 36. 218. 1 Hale, 374. 2 Hale, 400. Bro. Abr. Treason, 19. 25. Hawk. b. 2. c. 48. s. 10. 4 Bla. Com. 120. (d) 3 Edw. 1. c. 9. 2 Hale, vol. FIXED EXPRESS nolle prosequi, as to such parts of the indictment as would require JUDGMENTS. the severer judgment (a). In some of the cases, it appears that judgment of forfeiture of lands, as well as of goods, was given generally, and without the addition of the words " during life," so that they would pass away not only from the offender himself, but those who might have succeeded him (b); but it seems to be the better opinion, that the loss of the profits, during life, was all that was intended. Maliciously striking in the king's palace, so that any blood be drawn, is also to be visited with a similar sentence (c). But the delinquent is not to lose his hand, in this case, unless blood be actually shed; so that the courts of justice are guarded with a more zealous care than the personal residence of his majesty (d). It seems also to be doubted, whether the act will be thus highly penal, unless committed within a palace where the king personally resides; and the contrary seems to be taken for granted by several authorities (e). When a defendant is convicted of having rescued an offender from any of the superior courts, he is liable to the judgment of imprisonment for life, and the loss of all the profits of his lands, with the forfeiture of the whole of his personal estate (ƒ). But he shall not be adjudged to lose his hand, unless some actual blow were struck in the attempt to rescue (g). By the 5 Eliz. c. 9. s. 6, any offender, convicted of perjury under that statute, (a) 1 East, P. C. 409. 500. (d) 3 Inst. 140. (f) 3 Inst. 141. Hawk. b.1. convicted of felony, is fine and 1 F Hawk. b. 1. |