Page:Memoir, correspondence, and miscellanies, from the papers of Thomas Jefferson - Volume 1.djvu/139

 123

by hanging, and his body be delivered to Anatomists to be dis- sected.

Whosoever committeth murder by poisoning, shall suffer death by poison.

Whosoever committeth rhurder by way of duel, shall suffer death by hanging ; and if he were the challenger, his body, after death, shall be gibbeted.* He who removeth it from the gibbet, shall be guilty of a misdemeanor; and the officer shall see that it be replaced.

Whosoever shall commit murder in any other way, shall suffer death by hanging.

And in all cases of Petty treason and murder, one half of the lands and goods of the offender, shall be forfeited to the next of kin to the person killed, and the other half descend and go to his own representatives. Save only, where one shall slay the chal- lenger in a duel,† in which case, no part of his lands or goods shall be forfeited to the kindred of the party slam, but, instead thereof, a moiety shall go the Commonwealth.

The same evidence‡ shall suffice, and order and course§ of trial be observed in cases of Petty treason, as in those of other’ murders.

Whosoever shall be guilty of manslaughter,¶ shall, for the first offence, be condemned to hard** labor for seven years, in the

although parental, be yet stronger than filial affection, we admit saticide proved on the most equivocal testimony, whilst they rejected all proof of an act, certainly not more repugnant to nature, as of a thing impossible, un- provable. See Beccaria, § 31.


 * 25.4G..2..0. 37.

† Quere, if the estates of both parties in a duel, should net be forfeited? The deceased is equally guilty with a suicide.

‡ Quere, if these words may not be omitted ? By the Common law, one wit- ness in treason was sufficient. Foster 233. Plowd. 8.a. Mirror c. 3. § 34. Wa- terhouse on Fortesc. de laud. 252. Carth. 144. per Holt. But Lord Coke, conta 3 inst. 26. The stat. 1. E. 6. c.12.& 5. E. 6. c. 11. first required two wit- nesses in treason. The clause against high treason supra, does the same as to high treason : but it seems if Ist and 5th E. 6. are dropped, Petty treason will be tried and proved, as at Common Jaw, by one witness. But quere, Lord Coke being contra, whose opinion it is ever dangerous to neglect.

§ These words are intended to take away the peremptory challenge of thirty-five jurors. The same words being used 1. 2. Ph. & M. c. 10. are deemed to have restored the peremptory challenge in high treason ; and con- sequently are sufficient to take it away. Foster 237.

107. 323. A pardon of all murders, pardons Petty treason. 1 Hale P. C. 378. see 2 H. P. C. 340. 342. It is also included in the word ‘ felony,’ so that a pardon of all felonies, pardons Petty treason. :
 * Petty treason is considered in law only as an aggravated murder. Foster

¶ Manslaughter is punishable at law, by burning in the hand, and forfeit- ure of chattels.

for ever be undergoing change: and, to carry into effect the minuter parts
 * It is best, in this act, to lay down principles only, in order that it may not