Medical Jurisprudence, Volume 2 (of 3)Paris, John Ayrton
Science
Medical Jurisprudence, Volume 2 (of 3)
Paris, John Ayrton
Medical laws and legislation -- Great Britain
By the rubrick in the Common Prayer, before the burial office,
(confirmed by _Statute_ 13 and 14, _Car._ 2, _c._ 4) persons who have
laid violent hands on themselves shall not have that office used at
their interment. Yet the priest has no power of enquiry, or even as it
would appear of delay, in order to enquiry, when a body (though it be of
a notorious suicide) is brought to his church for interment. “The proper
judges, whether persons who died by their own hands were out of their
senses” (and a fortiori whether they did or not die by their own hands)
“are doubtless the coroner’s jury. The minister of the parish hath no
authority to be present at viewing the body, or to summon or examine
witnesses, and therefore he is neither entitled nor able to judge in the
affair; but may well acquiesce in the public determination, without
making any private enquiry. Indeed, were he to make one, the opinion
which he might form from thence could usually be grounded only on common
discourse, and bare assertion. And it cannot be justifiable to act upon
these in contradiction to the decision of a jury, after hearing
witnesses upon oath. And though there may be reason to suppose that the
coroner’s jury are frequently favourable in their judgment in
consideration of the circumstances of the deceased’s family with respect
to the forfeiture, and their verdict is[90] in its own nature
traversable, yet the burial may not be delayed,[91] until that matter on
trial shall finally be determined. But on acquittal of the crime of
self-murder by the coroner’s jury, the body in that case not being
demanded by the law, it seemeth that a clergyman may and ought” (we can
safely add is compellable) “to admit that body to christian burial.” 1
_Burn’s Ecc. Law_, _tit. Burial_.
OF MURDER GENERALLY.
There are so many various modes by which this infamous and horrid crime
may be perpetrated, that it would be an almost endless task to enumerate
them. In a legal point of view it is scarcely necessary; for wherever
death ensues from illegal violence[92], with malice _prepense_, it is
felony; yet for the better aid of medical investigation it is expedient
to class them under several heads.
Sir _Matthew Hale_, in his pleas of the Crown, vol. 2, p. 431,
enumerates several ways of killing.
1. By exposing a sick or weak person or infant unto the cold, to the
intent to destroy him, 2 _Ed._ 3, 189, whereof he dieth.
2. By laying an impotent person abroad, so that he may be exposed to and
receive mortal harm, as laying an infant in an orchard, and covering it
with leaves, whereby a kite strikes it and kills it. 6 _Eliz. Compt. de
Pace_; 24 _Dalton_, _cap._ 93, (new edit. 145.)[93]
3. By imprisoning a man so strictly that he dies, and therefore where
any dies in gaol, the coroner ought to be sent for to enquire of the
manner of his death.
4. By starving or famine.
5. By wounding or blows.
6. By poisoning.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account