Blackwood's Edinburgh Magazine, Volume 68, No. 421, November 1850Various
General
Blackwood's Edinburgh Magazine, Volume 68, No. 421, November 1850
Various
England -- Periodicals; Scotland -- Periodicals
We shall place our readers, briefly and distinctly, in possession of
the state of the law applicable to wilfully injuring, or attempting to
injure the royal person. Its progress is painfully interesting. The
attempt to inflict, and the actual infliction of such injury, are of
course high treason; both the trial and punishment being attended, till
recently, with all the solemn formalities of high treason as explained
in our last Number. This heinous offence comes under the first head
of the statute of treason, (25 Edward III. c. 2,) viz., "When a man
doth _compass or imagine_[11] the death of our Lord and King." By
"compass and imagine" is signified the purpose or design of the mind
or will, evidenced by an open or _overt_ act. On the 15th May 1800,
James Hadfield fired a horse-pistol, loaded with two slugs, at King
George III., as he was entering his box at Drury Lane Theatre.[12]
He was tried for high treason in the Court of Queen's Bench, and
defended by Mr Erskine with splendid eloquence.[13] He was acquitted
on the ground of insanity, committed at once to Bedlam, and died there
in January 1841, after forty years' incarceration. In the course of
his defence, Mr Erskine made an observation which led to an immediate
interposition of the legislature. In speaking of the state of the law
which interposed protective delay in cases of high treason, Mr Erskine
observed: "Where the intent charged affected _the political character_
of the sovereign, the delay, and all the other safeguards provided,
were just and necessary; but a mere murderous attack on the King's
person, not at all connected with his political character, seemed a
case to be ranged and dealt with like a similar attack upon any private
man."[14] On the 28th July in the same year, were passed statutes 39
and 40 Geo. III. c. 93, carrying out Mr Erskine's judicious suggestion,
by enacting that, where the overt act of this head of treason should be
the assassination of the King, or any direct attempt against his life
or person, whereby his life might be endangered or his person suffer
bodily harm, the _trial_ should be conducted in every respect like a
simple trial for murder; but, on conviction, the sentence should be
pronounced and carried into effect as in other cases of high treason.
On the same day was passed another statute--also occasioned by the
trial of Hadfield--that in all cases of trial for treason, murder, or
felony, if evidence be given of the prisoner's insanity at the time
of the commission of the offence, and he be acquitted, the jury shall
be required to find specially whether he was insane at the time of
committing the offence, and to declare whether they acquit on account
of such insanity; and if they do, the court shall order the prisoner to
be confined in strict and safe custody during his Majesty's pleasure.
Under the former of these two wholesome statutes were tried Oxford and
Francis, the latter being convicted of having fired a pistol against
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