1820: 1 George 4 c.116: Repeal of Capital Offences

1820: 1 George 4 c.116: An Act to repeal so much of the several Acts passed in the First and Second Years of the Reign of Philip and Mary, the Eighteenth of Charles the Second, the Ninth of George the First, and the Twelfth of George the Second, as inflicts Capital Punishment on certain Offences therein specified.

[25th July 1820.]

WHEREAS by an Act passed in the First and Second Years of the Reign of King Philip and Queen Mary,

[1 & 2 P. & M. c. 4.]

intituled An Act against certain Persons calling themselves Egyptians, it is amongst other things enacted,

[§3.]

that if any of the said Persons called Egyptians, which shall be transported and conveyed into (this Realm of England or Wales as is aforesaid, do continue and remain within the same by the Space of One Month, that then he or they so offending shall by virtue of this Act be deemed and judged a Felon and Felons, and shall therefore suffer Pains of Death, Loss of Lands and Goods, as in Cases of Felony, by the Order of the Common Law of this Realm, and shall upon the Trial of them or any of them therein so tried in the County, and by the Inhabitants of the County or Place where they or he shall be apprehended or taken, and not per Medietatem Lingua, and shall lose the Benefit and Privilege of Sanctuary and Clergy:

[18 C. 2. c. 3.]

And Whereas by an Act passed in the Eighteenth Year of the Reign of King Charles the Second, intituled An Act to continue a former Act for preventing of Theft and Rapine upon the Northern Borders of England, and which last mentioned Act having been continued in force by certain subsequent Acts,

[51 G. 2. c. 42. §2.]

was made perpetual by a certain Act passed in the Thirty first Year of King George the Second, it is amongst other things enacted, that the Benefit of Clergy shall be taken away from great, known and notorious Thieves, and Spoil, taken in the said Counties of Northumberland, Cumberland, or either of them, during the Continuance of this present Act, who shall be duly convicted for Theft done or committed within the said Counties or either of them: And Whereas by a certain Act passed in the said Ninth Year of the Reign of King George the First,

[9 G. 1. C. 28. §3.]

intituled An Act for more effectual Execution of Justice in a pretended privileged Place in the Parish of Saint George in the County of Surrey, commonly called The Mint, and for bringing to speedy and exemplary Justice such Offenders as are therein mentioned, and for giving Relief to such Persons as are proper Objects of Charity and Compassion there, it is amongst other things enacted, that if after the Tenth Day of October One thousand seven hundred and twenty three, any Person or Persons whatsoever wearing any Vizard, Mask or disguised Habit, or having his or their Face or Faces or Body or Bodies disguised, shall within the said Place called Suffolk Place or The Mint, or within any the Limits or pretended Limits thereof, join in or aid or abet any Riot or Tumult there, or shall in any Vizard, Mask or other Disguise whatsoever, knowingly and willingly there oppose the Execution of any legal Process, Order or Warrant, or assault and abuse any Person or Persons serving or executing any such Process, Order or Warrant, or for having so done, all and every such Person and Persons, being lawfully convicted of any such Offence, shall be adjudged guilty of Felony, and shall forfeit and suffer as in Cases of Felony, without Benefit of Clergy: And Whereas by an Act passed in the Ninth Year of the Reign of King George the Second,

[9 G.2.C. 29. §5.]

intituled An Act for building a Bridge across the River Thames, from the New Palace Yard, in the City of Westminster, to the opposite Shore in the County of Surrey, it is amongst other things enacted, that if any Person or Persons shall wilfully and maliciously blow up, pull down or destroy the said Bridge or any Part thereof, or attempt so to do, or unlawfully and without Authority from the said Commissioners or their Successors, remove or take away any Works thereto belonging, or in anywise direct or procure the same to be done, whereby the said Bridge or the Works thereof may be damaged, or the Lives of the Passengers endangered, such Offender or Offenders, being lawfully convicted, shall be adjudged guilty of Felony, and shall suffer Death as a Felon without Benefit of Clergy: And Whereas several other Acts for building Bridges have heretofore from time to time passed, and have contained Enactments to the like Purport and Effect as the Enactment in the last mentioned Act above recited: And Whereas it is expedient that so much of the above mentioned Acts as is hereinbefore recited should be repealed: Be it therefore enacted by The King’s Most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same,

[Repealed.]

That so much of the said Acts as is hereinbefore recited shall from and after the passing of this Act be and the same are hereby repealed.

[So much of all former Acts as relate to the Punishment of Persons for destroying Bridges repealed.]

II. And be it further enacted, That such Parts of all former Acts relating to Bridges as enact, that if any Person or Persons shall wilfully and maliciously blow up, pull down or destroy any Bridge, or any Part thereof, or attempt so to do, or unlawfully and without Authority remove or take any Works thereto belonging, or in anywise direct or procure the same to be done, such Offender or Offenders, being thereof lawfully convicted, shall be adjudged guilty of Felony, and shall suffer Death as a Felon without Benefit of Clergy, shall from and after the passing of this Act be and the same are hereby repealed.

Source: Butterworths, Statutes of the United Kingdom, 1820.