![[Buggery] Manuscript Document, Legal Charge of Buggery, 1739.](http://www.schubertiademusic.com/cdn/shop/files/Buggery_ManuscriptDocument_LegalChargeofBuggery23927.jpg?v=1737392017)
[Buggery]. Manuscript Document, Legal Charge of Buggery, 1739..
A fascinating manuscript document, [England], 1739. Single leaf, 8 x 8 inches, in two distinct hands, small hole with loss. A synopsis of the charge with special interest to the lateness of the prosecution, followed by a legal opinion on the matter in the hand of the defendant's attorney, Simon Urluis. On laid paper, small loss in lower third section, general toning but very good condition throughout. Transcribed in full:
"The King against A: B: for Buggery, for next Assizes.
The Case, the defendant is charged with being guilty of the above abominable crime in February 1735, and never laid any information until the beginning of this month and there are many circumstances that makes [sic] it appear a malicious prosecution. If he be guilty I desire he might be punished, but if innocent, I think there are very few rimes known to be equal to it.
Q: If there [is] no Statue of Limitations for the information to be laid and his prosecution arrived on, where the person never absconded.
31st. Eliza (beth) C: 5. This statute Seem to say that all prosecutions shall be commenced within two years, but whether this relates to Criminal prosecutions or civil only, or whether this be not repealed.
[New writer] The statute above relates only to prosecutions for forfeitures, or penalties given by penal laws and not to prosecutors for ffenses of this nature. As to whether there is no limitation of time either by statute, or by common law, at I know of. But the length of time from the offense committed to the time of the giving in the formation in this case (unless well accounted for by the prosecutors) may be of considerable use to A: B: for his defense at his trial, and if joined to evidence of malice may put an ill impression on the prosecution and so far attest .....] of little credence given to their testimony, which is the only advantage that (in my pinion) can be made of the staleness of the prosecution for the defendant Simon Urlui. April: y 3d 1739"
In the 18th century, sodomy ("buggery") was a crime in England that carried a harsh punishment. The Buggery Act of 1533, introduced by Henry VIII, defined buggery as intercourse between men, between women, or between a person and an animal and made it a capital offense. It remained in effect until 1861. Though in theory punishable by death, in practice, the more likely charge was 'assault with sodomitical intent', which would be punished by a spell in the pillory to bring shame upon the convicted men.
[Buggery]. Manuscript Document, Legal Charge of Buggery, 1739..
A fascinating manuscript document, [England], 1739. Single leaf, 8 x 8 inches, in two distinct hands, small hole with loss. A synopsis of the charge with special interest to the lateness of the prosecution, followed by a legal opinion on the matter in the hand of the defendant's attorney, Simon Urluis. On laid paper, small loss in lower third section, general toning but very good condition throughout. Transcribed in full:
"The King against A: B: for Buggery, for next Assizes.
The Case, the defendant is charged with being guilty of the above abominable crime in February 1735, and never laid any information until the beginning of this month and there are many circumstances that makes [sic] it appear a malicious prosecution. If he be guilty I desire he might be punished, but if innocent, I think there are very few rimes known to be equal to it.
Q: If there [is] no Statue of Limitations for the information to be laid and his prosecution arrived on, where the person never absconded.
31st. Eliza (beth) C: 5. This statute Seem to say that all prosecutions shall be commenced within two years, but whether this relates to Criminal prosecutions or civil only, or whether this be not repealed.
[New writer] The statute above relates only to prosecutions for forfeitures, or penalties given by penal laws and not to prosecutors for ffenses of this nature. As to whether there is no limitation of time either by statute, or by common law, at I know of. But the length of time from the offense committed to the time of the giving in the formation in this case (unless well accounted for by the prosecutors) may be of considerable use to A: B: for his defense at his trial, and if joined to evidence of malice may put an ill impression on the prosecution and so far attest .....] of little credence given to their testimony, which is the only advantage that (in my pinion) can be made of the staleness of the prosecution for the defendant Simon Urlui. April: y 3d 1739"
In the 18th century, sodomy ("buggery") was a crime in England that carried a harsh punishment. The Buggery Act of 1533, introduced by Henry VIII, defined buggery as intercourse between men, between women, or between a person and an animal and made it a capital offense. It remained in effect until 1861. Though in theory punishable by death, in practice, the more likely charge was 'assault with sodomitical intent', which would be punished by a spell in the pillory to bring shame upon the convicted men.