BOILING CRIMINALS TO DEATH.

(Vol. v., pp. 32. 112.)

MR. JOHN GOUGH NICHOLS'S observations upon the reply you favoured me by

publishing upon this subject, require from me some few observations in

further support of it. When I wrote the article in question, I had not

had an opportunity of consulting the statute of 22 Hen. VIII. itself. In

making the assertion that, prior to the case of Roose, "there was no

peculiarity in the mode of punishment," I did so principally on the

authority of Blackstone, who says--

"Of all species of deaths the most detestable is that of poison,

because it can of all others be the least prevented either by

manhood or forethought, _and therefore_ by the statute of 22 Hen.

VIII. c. 9. it was made treason, and a more grievous and lingering

kind of death was inflicted on it _than the common law allowed_,

namely, boiling to death."

Upon a perusal of the statute (as published by you at p. 33.), I am

confirmed in my opinion that the statute _was_ "retrospective in its

enactments as against" Roose, and was more extensive in its operation

than (as MR. NICHOLS appears to consider) merely depriving the culprit

of the "advantage of his clargie." The Act, after reciting the facts of

the case, enacted that the particular act of poisoning should be deemed

high treason; and that the said "Richard" should be attainted of high

treason: and because that offence, then "_newly_ practised," required

_condign punishment_, it was further enacted, that the said Richard

Roose should be boiled to death without benefit of clergy.

If this particular punishment already existed for the crime stated in

the Act to be "new," why the necessity for thus particularising the mode

of punishment? The conclusion of the Act (differing much in the verbiage

from that part relating to Roose) confirms me in my opinion, for it

enacts that all future poisoners should not only be adjudged guilty of

high treason, and not be admitted to the benefit of clergy, _but also_

provides for the punishment in the mode in question.

With regard to the case instanced by MR. NICHOLS, in the 13th Hen., I

merely observe that it appears to have escaped the attention of

Blackstone, and others who have written upon the subject. Assuming that

case to have happened, a reference to the statutes of Henry of that

period might probably show that an Act was passed for the punishment of

that particular offence; but not extending further, it became necessary

to pass another, both specific and general, upon the occurrence of

Roose's case.

In support of my view as to the discontinuance of the punishment, vide

_Blackstone_, vol. iv. p. 96.

N.B. The date "1524" (third line from the bottom of second column, p.

112.) appears a misprint for "1542".

Notes and Queries, Vol. V, Number 121, February 21, 1852 A Medium of Inter-communication for Literary Men, Artists, Antiquaries, Genealogists, etc. · 第 95 / 152 题