Jac. The law contented itself with the nullity of the act.
4. Bl. 163. 3. Inst. 88.
But no one shall be punished for Polygamy, who shall have
married after probable information of the death of his or her husband
or wife, or after his or her husband or wife, hath absented him or
herself, so that no notice of his or her being alive hath reached
such person for seven years together, or hath suffered the
punishments before prescribed for rape, polygamy, or sodomy.
(* 20) 25. H. 8. c. 6. Buggery is twofold. 1. With mankind, 2.
with beasts. Buggery is the Genus, of which Sodomy and Bestiality,
are the species. 12. Co. 37. says, "note that Sodomy is with
mankind." But Finch's L. B. 3. c. 24. "Sodomiary is a carnal
copulation against nature, to wit, of man or woman in the same sex,
or of either of them with beasts." 12. Co. 36. says, "it appears by
the ancient authorities of the law that this was felony." Yet the 25.
H. 8. declares it felony, as if supposed not to be so. Britton, c. 9.
says, that Sodomites are to be burnt. F. N. B. 269. b. Fleta, L. 1.
c. 37. says, "pecorantes et Sodomitae in terra vivi confodiantur."
The Mirror makes it treason. Bestiality can never make any progress;
it cannot therefore be injurious to society in any great degree,
which is the true measure of criminality in foro civili, and will
ever be properly and severely punished, by universal derision.
Pages:
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54