Lancashire Legends, Traditions, Pageants, Sports, &c./Part 4/The Old Appeal of Murder

THE OLD APPEAL OF MURDER.

An incident in local history, says Mr Beamont, will illustrate the ancient custom in law of appeal. On the occurrence of the murder of Sir Botiler, usually named "the Bewsey Tragedy," as described in one of the Harleian MSS., we learn that Lady Butler pursued the murderers of her husband, and indicted them; but that, being married to the Lord Grey, he made her suit void. The substitution of the word appealed, for indicted, is requisite to make the passage intelligible; for a wife's second marriage, while it had no effect upon an indictment, would certainly make void her appeal against her husband's murderers. In the sense then used, an appeal did not mean a resort to a higher tribunal from the decision of a lower, in order to obtain the reversal of the judgment,—which is the ordinary acceptation of the term; but it signified a criminal prosecution by one private person against another, on account of some particular injury he has suffered, rather than for the offence against the public. In England appeals of this kind were formerly permitted in treason, murder, rape, mayhem, and arson. In robbery, mayhem, and arson, the parties injured must be the appellants. In rape, the appeal must be made either by the husband or the next of kin. In murder, the appeal is given to the wife, on account of the loss her husband; and therefore, if she marries again before or pending her appeal, the appeal is gone. But if there should be no wife, or she herself be implicated or suspected, the appeal devolves upon the next heir-male of the murdered ancestor.

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