Front Page Titles (by Subject) Buggery. 1 - Selected Writings of Sir Edward Coke, vol. I
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Buggery. 1 - Sir Edward Coke, Selected Writings of Sir Edward Coke, vol. I 
The Selected Writings and Speeches of Sir Edward Coke, ed. Steve Sheppard (Indianapolis: Liberty Fund, 2003). Vol. 1.
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(1607) Michaelmas Term, 5 James I.
First Published in the Reports, volume 12, page 36.
Ed.: This note considers the history and criminalization of certain sexual acts.
Nota, Bugarone Italice, is a Buggerer, and Buggerare is to buggar, so Buggary cometh of the Italian word.
Corone, Buggery.The Letter of the Statute of the 25 Hen. 8. cap. 6. If any person shall commit the detestable sin of Buggary with Man-kind, or Beast, &c. it is Felony, which act being repealed by the Statute, 1 Mar. is revived and made perpetuall by 5 Eliz. cap. 17. And he shall lose his Clergy.
It appears by the ancient Authorities of Law, that this was Felony; but they vary in the punishment, for Brit. who writ 5 Ed. 1. cap. 17. saith, that“Sorcerers, Sodomers and Heretics,” shall be burned. F. N. B. 269 a. agrees with it: But Flet. lib. 1. cap. 35. Christiani autem Apostasi, fortilegi & hujus modi & comburi (in this he agrees with Britton, Pecorantes et sodomitae terra vivi suffodiantur).2 But in the ancient Book | called the Mirror of Justice vouched in Plowden’s Commentaries in Fogosse’s case, the Crime is more high; for there it is called, Crimen laesae Majestatis,3 a sin horrible, committed against the King: And this is either against the King Celestiall or Terrestrial in three manners: by Heresie, by Buggary, by Sodomy. Note, that Sodomy is with Mankind, and it is Felony by the Statute of 25 Hen. 8.; and therefore the judgment for felony doth now belong to this offence, viz. to be hanged by the neck till he be dead. To make that Offence, Oportet rem penetrare, et semen naturae emittere, et effundere, for the Indictment is Contra ordinationem Creatoris et naturae ordinem rem habuit veneream, dictumque puerum carnaliter cognovit.4 Every of which (rem habuit, et carnaliter cognovit5 ) imply penetration and emission of seed: And so it was held in the case of Stafford, who was attaint in the King’s Bench and executed. Paederastes amator puerorum,6 whereof the Greek word is, Παιδεραςία, Buggary with boys, vide Rot. Parliament. 50 Edw. 3. 58. complained in Parliament that a Lumbard did commit the sin that was not to be named: So in Rape, there ought to be penetration and emission of Seed, vide Stamfford fol. 44. Which Statute makes it Felony; he who procures, &c. or receives the Offender, &c. is accessary.
The words of the Statute of West. 1. cap. 34. If a man ravish a woman, 11 Hen. 4. 18. If one aid another to commit Rape, and if he be present, he is principal in the Buggary, &c, vide Leviticus 18, 22. and cap. 10, 13. 1 Cor. 6. ver. 9, &c.
[1. ][Ed.: The word is spelled “Buggary” in the 1656 edition.]
[2. ][Ed.: Apostate Christians should be drawn and burned. . . . Unnatural offenders and sodomites shall be buried alive in the ground.]
[3. ][Ed.: A crime of lèse-majesté (treason).]
[4. ][Ed.: It is requisite to penetrate the ‘thing’ (rem), and to emit and shed the seed of nature, (for the indictment is:) against the ordinance of the Creator and the order of nature, he had venery and carnal knowledge of the said boy.]
[5. ][Ed.: had [venery] and carnally knew.]
[6. ][Ed.: A pederast, a lover of boys.]