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Maime, (membri mutilatio or obtruncatio) is a* 1.1 corporall hurt, whereby one looseth a member, by reason whereof, he is less able to fight, as by put∣ting out his eye, beating out his foreteeth.
This offence of maim, is under all felonies de∣serving death, and above all other inferiour offen∣ces,* 1.2 so as it may be truly said of it, that it is inter
crimina majora minimum, & inter minora maximum. Vita & membra sunt in potestate Regis. The li••e and members of every subject are under the protection of the King.
In my Circuit (saith Sir Edward Cook) in an∣no* 1.3 11. Iacobi Regis, in the County of Leicester, one Wright, a young, strong, and lusty Rogue, to make himself impotent, thereby to have the more colour to beg, or to be relieved without putting himself to any labour, caused his companion to strike off his left hand, and both of them were indicted, fined and ransomed therefore.
The cutting of an ear or nose, or breaking of the hinder teeth is no maim, but rather a deformity of body, than diminution of strength; by a maim a member is hurt, or taken away, and the party thereby so hurt is made unperfect to fight.
The party shall recover only dammages in* 1.4 maim.
Cook on Lit.
Cook ubi supra.
Cook on Lit. l. 2. c. 11. sect. 194.
Lit. tit. Vil. lenage.