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1 Jac 1 c 8, commonly known as the Statute of Stabbing, was an Act of the
Parliament of England The Parliament of England was the legislature of the Kingdom of England from the 13th century until 1707 when it was replaced by the Parliament of Great Britain. Parliament evolved from the great council of bishops and peers that advised ...
enacted during the reign of
James I James I may refer to: People *James I of Aragon (1208–1276) *James I of Sicily or James II of Aragon (1267–1327) *James I, Count of La Marche (1319–1362), Count of Ponthieu *James I, Count of Urgell (1321–1347) *James I of Cyprus (1334–13 ...
and repealed in 1828. It provided that if any person stabbed "any person that hath not any weapon drawn or that hath not then first stricken the party", and they died within six months as a result, was to suffer the death penalty without being permitted
benefit of clergy In English law, the benefit of clergy (Law Latin: ''privilegium clericale'') was originally a provision by which clergymen accused of a crime could claim that they were outside the jurisdiction of the secular courts and be tried instead in an ec ...
. Under the statute, killings subject to benefit of clergy were called manslaughters and required that a defendant prove a "sudden quarrel" or provocation. Deaths resulting from armed attacks that had been planned in advance were called murders. The Act was repealed by section 1 of the
Offences against the Person Act 1828 The Offences Against the Person Act 1828 (9 Geo. 4 c. 31) (also known as Lord Lansdowne's Act) was an Act of the Parliament of the United Kingdom of Great Britain and Ireland. It consolidated provisions in the law related to offences against t ...
and section 125 of the
Criminal Law (India) Act 1828 Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law i ...
.


References


Further reading

*''Select statutes and other constitutional documents illustrative of the reigns of Elizabeth and James I'', ed. by G. W. Prothero. Oxford University Press, 1913. Fourth edition. *''Chronological table of the statutes''; HMSO, London. 1993. 1603 in law 1603 in England Acts of the Parliament of England Repealed English legislation {{England-stub