1; 1 Bl. Com. p. 464); but the law of England does not appear to have fixed any determinate period;[1] Alfred decreed that none should be punished capitally for theft under twelve years of age. Athelstan enlarged the period till fifteen, (see notes 1 H. P. C. p. 12, 23); but the old standard of twelve appears to
- [Footnote: *quence to have it thought, that children may commit such atrocious
crimes with impunity.
There are many crimes of the most heinous nature, such as in the present case the murder of young children, poisoning parents or masters, burning houses, &c. which children are very capable of committing; and which they may in some circumstances be under strong temptations to commit; and therefore, though the taking away the life of a boy of ten years old may savour of cruelty, yet as the example of this boy's punishment may be a means of deterring other children from the like offences; and as the sparing this boy, merely on account of his age, will probably have a quite contrary tendency, in justice to the public, the law ought to take its course; unless there remaineth any doubt touching his guilt.
In this general principle all the judges concurred: but two or three of them, out of great tenderness and caution, advised the Chief-Justice to send another reprieve for the prisoner; suggesting that it might possibly appear on farther inquiry, that the boy had taken this matter upon himself at the instigation of some person or other, who hoped by this artifice to screen the real offender from justice.
Accordingly the Chief-Justice did grant one or two more reprieves; and desired the justice of the peace who took the boy's examination, and also some other persons in whose prudence he could confide, to make the strictest inquiry they could into the affair, and report to him. At length he, receiving no farther light, determined to send no more reprieves, and to leave the prisoner to the justice of the law at the expiration of the last: but, before the expiration of that reprieve, execution was respited till farther order, by warrant from one of the Secretaries of State: and at the Summer assizes 1757, he had the benefit of his Majesty's pardon, upon condition of his entering immediately into the sea-service.]
- ↑ There is a precedent in the register, fol. 309, b, of a pardon granted to an infant within the age of seven years, who was indicted for homicide: in this case the jury found, that he did the fact before he was seven years old. 1 H. P. C. note, p. 27.
