Page:William Blackstone, Commentaries on the Laws of England (4th ed, 1770, vol IV).djvu/228

216 “peccatum illud horribile, inter chritianos non nominandum .” A taciturnity oberved likewie by the edict of Contantius and Contans ; “ubi celus et id, quod non proficit cire, jubemus inurgere leges, armari jura gladio ultore, ut exquiitis poenis ubdantur infames, qui unt, vel qui futuri unt, rei.” Which leads me to add a word concerning it's punihment.

the voice of nature and of reaon, and the expres law of God, determine to be capital. Of which we have a ignal instance, long before the Jewih dipenation, by the detruction of two cities by fire from heaven: o that this is an univeral, not merely a provincial, precept. And our antient law in ome degree imitated this punihment, by commanding uch micreants to be burnt to death ; though Fleta ays they hould be buried alive: either of which punihments was indifferently ued for this crime among the antient Goths. But now the general punihment of all felonies is the ame, namely, by hanging: and this offence (being in the times of popery only ubject to eccleiatical cenures) was made felony without benefit of clergy by tatute 25 Hen. VIII. c. 6. revived and confirmed by 5 Eliz. c. 17. And the rule of law herein is, that, if both are arrived at years of dicretion, agentes et conentientes pari poena plectantur.

are all the felonious offences, more immediately againl the peronal ecurity of the ubject. The inferior offences, or midemenors, that fall under this head, are aaults, batteries, wounding, fale imprionment, and kidnapping.

V, VI, VII. regard to the nature of the three firt of thee offences in general, I have nothing farther to add to what has already been oberved in the preceding book of thee Rh