The Spanish code has like those of Italy and France special punishments for parricide (417) and for assassination, in which are included killing for reward or promise of reward or by inundation (418), and for aiding another to commit suicide (421). Both the Italian and the Spanish codes afford a special mitigation to infanticide committed to avoid dishonour to the mother of the infant or her family.
America.—The most notable difference between England and the United States in regard to the law on this subject is the recognition by state legislation of degrees in murder. English law treats all unlawful killing not reducible to manslaughter as of the same degree of guilt in law. American statutes seek to discriminate for purposes of punishment between the graver and the less culpable forms of murder. Thus an act of the legislature of Pennsylvania (22nd of April 1794) declares “all murder which shall be perpetrated by means of poison or by lying in wait or by any other kind of wilful, deliberate and premeditated killing, or which shall be committed in the perpetration of or attempt to perpetrate any arson, rape, robbery or burglary shall be deemed murder of the first degree; and all other kinds of murder shall be deemed murder of the second degree.” This legislation has been copied or adopted in many if not most of the other states. There are also statutory degrees of manslaughter in the legislation of some of the states. The differences of legislation, coupled with the power of the jury in some states to determine the sentence, and the limitations on the right of the judges to comment on the testimony adduced, lead to very great differences between the administration of the law as to homicide in the two countries.
Authorities.—Stephen, Hist. Cr. Law, Digest Criminal Law; Russell on Crimes (7th ed., 1909); Archbold, Criminal Pleading (23rd ed., 1905); Bishop, American Criminal Law (8th ed.); Pollock and Maitland, Hist. English Law; Pike, History of Crime.
(W. F. C.)
[1] See Select Pleas of Crown, 1 (Selden Society Publ.); Pollock and Maitland, Hist. Eng. Law, ii. 458, 476, 478.
[2] Appeals remained in the law till 1819, but were long before this disused. In the middle ages they were used as a means of getting compensation.
HOMILETICS (Gr. ὁμιλητικός, from ὁμιλεῖν, to assemble together), in theology the application of the general principles of rhetoric to the specific department of public preaching. It may be further defined as the science that treats of the analysis, classification, preparation, composition and delivery of sermons. The formation during recent years of such lectureships as the “Lyman Beecher” course at Yale University has resulted in increased attention being given to homiletics, and the published volumes of this series are the best contribution to the subject.
The older literature is cited exhaustively in W. G. Blaikie, For the Work of the Ministry (1873); and D. P. Kidder, Treatise on Homiletics (1864).