Home1797 Edition

BUGGERY

Volume 3 · 245 words · 1797 Edition

or SODOMY, is defined by Sir Edward Coke to be a carnal copulation against nature, either, ther by a confusion of species, that is to say, either a man or woman with a brute beast; or sexes, as a man with a man, or a man unnaturally with a woman. It is said this sin against God and nature was first brought into England by the Lombards. As to its punishment, the voice of nature and of reason, and the express law Levit. xx. of God, determine it to be capital. Of this we have a signal instance, long before the Jewish dispensation, by the destruction of two cities by fire from heaven; so that this is an universal, not merely a provincial, precept. Our ancient law, in some measure, imitated this punishment, by commanding such miscreants to be burnt to death; though Fleta says, they should be buried alive; either of which punishments was indifferently used for this crime among the ancient Goths. But now the general punishment of all felonies is the same, namely, by hanging: and this offence (being in the times of Popery only subject to ecclesiastical censures) was made felony without benefit of clergy by statute 25 Hen. VIII. c. 6. revived and confirmed by 5 Eliz. c. 17. And the rule of law herein is, that if both parties are arrived at the years of discretion, agentes et consentientes partem pana plectantur, "both are liable to the same punishment."