A History of the Criminal Law of England

Cover A History of the Criminal Law of England
A History of the Criminal Law of England
James Fitzjames Stephen
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^ By a separate Act wager of battle was abolished, but I do not see that it was proposed to abolish appeals in the sense of private accusations. The same Act punished duelling with ^ Somers's Tracts, Yi p. 188.
Digiti zed by Google HALE^S. " PLEAS OP THE CROWN." 211 extraordinary severity. Every one who fought a duel was to Ch. XXI.
lose his right hand, and forfeit all his property, real and per- sonal, and be " for ever banished out of this nation," and suffer death if he returned. Penalties n
...early as severe were to be imposed on those who sent or accepted challenges.
Many of these proposals have since been adopted and form a part of our present law. The proposed secondary punish- ments> if sharper, were not so prolonged as our own. It is true that we have ceased to brand, and that we seldom flog, and then with, I think, foolish leniency, but penal servitude for life, for twenty, fourteen, seven, or even five years, is a far more severe punishment than the three years' hard labour, which was the maximum secondary punishment in this remarkable draft.


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