Stabbing Act 1603

JurisdictionUK Non-devolved
Citation1603 c. 8
Year1603
Anno Regni JACOBI Regis Angli, Scoti,Franci & Hiberni, VIZ. Angli, Franci & Hiberni secundo [vulgo primo,] & Scotitricesimo septimo. An Act to take away the Benefit of Clergy for some kind of Manslaughter.

(1 Ja. 1) C A P. VIII.

'TO the End that stabbing and killing Menon the sudden, done and committed by many inhumane and wicked Persons, in the Time of their Rage, Drunkenness, hidden Displeasure, or other Passion of Mind, contrary to the Commandment of Almighty GOD, and the common Peace and Tranquillity of this Realm, may from henceforth be restrained through fear of due Punishment to be inflicted on such cruel and bloody Malefactors, who heretofore have been thereunto emboldened by presuming on the Benefit of Clergy:'

S-II Stile 86, 468. 1 Hale's P. C. 466. Foster's Rep. of Crown Cases.

II Stile 86, 468. 1 Hale's P. C. 466. Foster's Rep. of Crown Cases.

II. Be it therefore enacted by the King's most excellent Majesty, the Lords Spiritual and Temporal, and the Commons, in this present Parliament assembled, That every Person and Persons which after one Mont next ensuing the End of this present Session of Parliament, shall stab or thrust any Person or Persons that hath not then any Weapon drawn, or that hath not then first stricken the Party which shall so stab or thrust, so as the Person or Persons so stabbed or thrust shall thereof die within the Spaceof six Months then next following, although it cannot be proved that the same was done of Malice forethought, yet the Party so offending, and being thereof convicted by Verdict of twelve Men, Confession or otherwise according to the Laws of this Realm, shall be excluded from the Benefit of his or their Clergy, and suffer Death as in case of wilful Murder.

S-III Killing another in Defence of himself, by Misfortune, in preserving the Peace, or giving Correction.

III Killing another in Defence of himself, by Misfortune, in preserving the Peace, or giving Correction.

III. Provided always, That this Act or any thing therein contained, shall not extend to any Person or Persons which shall kill any Person or Personsse defendendo , or by Misfortune, or in any other Manner than as aforesaid; (2) nor shall extend to any Person or Persons which in keeping and preserving the...

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