Medical Jurisprudence, Volume 1 (of 3)Paris, John Ayrton
Science
Medical Jurisprudence, Volume 1 (of 3)
Paris, John Ayrton
Medical laws and legislation -- Great Britain
Various theories have been proposed for the explanation of this singular
phenomenon; and we may here observe, that if the bodies in question were
actually found consumed, in the manner described, it is quite impossible
to suppose that they were burnt by ordinary means; nor, even admitting
that they had been rubbed over with a highly combustible substance, is
the explanation less difficult; at a period when criminals were
condemned to expiate their crimes in the flames, it is well known what a
large quantity of combustible materials was required for burning their
bodies. A baker’s boy, named _Renaud_, being several years ago condemned
to be burnt at Caen, two large cart loads of faggots were required to
consume the body; and at the end of more than ten hours some remains
were still visible. In this country the extreme incombustibility of the
human body was exemplified in the case of Mrs. King, who having been
murdered by a Foreigner, was afterwards burnt by him; but in the
execution of this plan he was engaged for several weeks, and after all
did not succeed in its completion.
2. RAPE.
RAPE is the unlawful and carnal knowledge of a woman by force and
against her will: a ravishment of the body and violent deflowering her,
which is felony by the common and statute law. _Co. Litt._ 190,
124.[610] Formerly it was the law (especially in case of appeals of
rape) in order to prevent malicious accusations, that the woman should
immediately after, “_dum recens fuerit maleficium_,” go to the next
town, and there make discovery to some credible persons of the injury
she had received: and afterwards acquaint the high constable of the
hundred, the coroners and the sheriff with the outrage. _Glanv. l._ 14.
_c._ 6: _Bract. l._ 3. _c._ 28. 1 _Hales P. C._ 632. Afterwards by
statute _Westm._ 1. 3. _Ed._ 1. _c._ 13. the time of limitation was
extended to forty days. At present there is no time of limitation fixed,
for it is punished at the suit of the king, and the maxim of law takes
place, that, _nullum tempus occurrit Regi_. The appeal of Rape (for
there were formerly several appeals beside that of murder) has been long
obsolete; see _Jac. Law Dic. tit. Appeal_, and is now abolished by the
statute 59 _Geo._ 3, _c._ 46:[611]. But though there is no time limited,
a jury will seldom give credit to a stale complaint. In Scotland it is
said the limit was twenty-four hours; the King against Colonel
_Charteris, Maclaurin’s Crim. Cases, p._ 66. 69. And in a medical point
of view it is yet more necessary that examination should be immediate,
many collateral proofs might be observed on an early enquiry, all signs
of which would be obliterated in a few hours.[612] This remark applies
as well to the supposed criminal as to the sufferer; both should in all
possible cases be subjected to immediate surgical examination; the case
related by Sir _Matthew Hale_, (_P.C._) furnishes an instance where an
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