Statute of Stabbing
 | |
| Long title | An Act to take away the Benefit of Clergy from some kind of Manslaughter. |
|---|---|
| Citation | 1 Jas. 1. c. 8 |
| Territorial extent | England and Wales |
| Dates | |
| Royal assent | 7 July 1604 |
| Commencement | 7 July 1604[a] |
| Repealed |
|
| Other legislation | |
| Repealed by | |
Status: Repealed | |
| Text of statute as originally enacted | |
The Statute of Stabbing[1] was an act of the Parliament of England enacted during the reign of James I that provided that if any person stabbed "any person that hath not any weapon drawn or that hath not then first stricken the party", and they died within six months as a result, was to suffer the death penalty without being permitted benefit of clergy.
Under the statute, killings subject to benefit of clergy were called manslaughters and required that a defendant prove a "sudden quarrel" or provocation. Deaths resulting from armed attacks that had been planned were called murders.[2]
Legacy
[edit]The act was repealed for England and Wales by section 1 of the Offences against the Person Act 1828 (9 Geo. 4. c. 31) and for India by section 125 of the Criminal Law (India) Act 1828 (9 Geo. 4. c. 74).
Notes
[edit]References
[edit]- ^ The Law Commission. A New Homicide Act for England and Wales. Consultation Paper No 177. Paragraph 1.93 at page 17.
- ^ Binder, Guyora (1 November 2014). "Homicide". The Oxford Handbook of Criminal Law. doi:10.1093/oxfordhb/9780199673599.013.0031. ISBN 978-0-19-967359-9. Retrieved 2 February 2018.
Further reading
[edit]- Select statutes and other constitutional documents illustrative of the reigns of Elizabeth and James I, ed. by G. W. Prothero. Oxford University Press, 1913. Fourth edition.
- Chronological table of the statutes; HMSO, London. 1993.
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