JB/159/174/001

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3

Mutilation

The notion here given of mutilation is not very
different from that which our lawyers give of
Maiming, or as it is written by them Mayhem,
of which they give a f definition considered as
being the appellation of a species of crime. It
comes as near it as any notion well can so
as to be consistent with itself.*

Note

* According to Lord Coke (1 Mot. 126b.) <unclear><foreign>Mayhemium
"est membri mutilatio; et membrum est pars
"corporis habens destinatam operatichem in corpore".</foreign></unclear>
This agrees pretty well with the above definition.
He goes on & says "<unclear>Mayhemium vero dici poterit
ubi aliquis in aliqua parte sui corporis effectus
it in inutilis ad pergnandum. </unclear> Confusion begins
to gather.

The same Ld Coke in another part of the same
Book (1 Mot. 288a tells us that Mayhem "sympeth"
a corporal hurt whereby he loseth a member
by reason whereof he is less able to fight. According
to the same Lord Coke a man loseth a member
& is thereby less able to fight by any of the following
cases. 1. by having his eye put out. 2. by having
his fore teeth beaten out. 3. by having his scull broken.
4. by having his arm, hands, finger leg or foot
struck off, he adds or wherb whereby he loseth the
one of any of his said Members. Confusion thickens.

The same Lord Coke treating expressly of Mayhem
3 Mot. cap. 53 p.118) (for before he was treating of
Villainage & Releases) refers to those his former
definitions & adds Castratio vero quamris latens
sit, adjudicatur mayemium: & he proves it by
references to two Record for the offence
of Mayhem. What he calls castratio is called in
one of those authorities virilium abscissio in the other
genitalium mutilatio. Quere what is virilium
abscissio? Quere – What is genitalium mutilatio?
Confusion is complete. Instructed by Lord Coke
succeeding Lawyers appear to have been perfectly w

Identifier: | JB/159/174/001 "JB/" can not be assigned to a declared number type with value 159.
Date_1		Marginal Summary Numbering
Box	159	Main Headings	punishment
Folio number	174	Info in main headings field	mutilation
Image	001	Titles	note
Category	copy/fair copy sheet	Number of Pages	2
Recto/Verso	recto	Page Numbering	f3 / / f4 /
Penner		Watermarks	[[watermarks::dusautoy & rump 1809 [britannia with shield emblem]]]
Marginals		Paper Producer	edward collins
Corrections		Paper Produced in Year	1809
Notes public		ID Number	53997
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