Page:Notes on the State of Virginia (1853).djvu/172

The Revised Code further proposes to proportion crimes and punishments. This is attempted on the following scale:

I. Crimes whose punishment extends to life:

 1. High treason. Death by hanging. Forfeiture of lands and goods to the Commonwealth.

 2. Petty treason. Death by hanging. Dissection. Forfeiture of half the lands and goods to the representatives of the party slain.

 3. Murder.

 1. By poison. Death by poison. Forfeiture of one-half as before.

 2. In Duel. Death by hanging. Gibbeting, if the challenger. Forfeiture of one-half as before, unless it be the party challenged, then the forfeiture is to the Commonwealth.

 3. In any other way. Death by hanging. Forfeiture of one-half as before.

 4. Manslaughter. The second offence is murder.

II. Crimes whose punishment goes to limb:

1. Rape.	$\scriptstyle {\left.{\begin{matrix}\ \\\ \end{matrix}}\right\}\,}$	Dismemberment.
2. Sodomy.
3. Maiming.	$\scriptstyle {\left.{\begin{matrix}\ \\\ \end{matrix}}\right\}\,}$	Retaliation, and the forfeiture of half the lands and goods to the sufferer.
4. Disfiguring.

III. Crimes punishable by labor:

1. Manslaughter, 1st offence. Labor seven years for the public. Forfeiture of half as in murder.
2. Counterfeiting money. Labor six years. Forfeiture of lands and goods to the Commonwealth.
3. Arson.	$\scriptstyle {\left.{\begin{matrix}\ \\\ \end{matrix}}\right\}\,}$	Labor five years. Reparation three-fold.
4. Asportation of vessels.
5. Robbery.	$\scriptstyle {\left.{\begin{matrix}\ \\\ \end{matrix}}\right\}\,}$	Labour four years. Reparation double.
6. Burglary.
7. House-breaking.	$\scriptstyle {\left.{\begin{matrix}\ \\\ \end{matrix}}\right\}\,}$	Labor three years. Reparation.
8. Horse-stealing.
9. Grand Larceny. Labor two years. Reparation. Pillory.
10. Petty Larceny. Labor one year. Reparation. Pillory.
11. Pretensions to witchcraft, &c. Ducking. Stripes.
12. Excusable homicide.	$\scriptstyle {\left.{\begin{matrix}\ \\\\\ \ \end{matrix}}\right\}\,}$	To be pitied, not punished.
13. Suicide.
14. Apostacy. Heresy.