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Whenever sentence of death shall have been pronounced against any person for treason or murder, execution shall be done on the next day but one after such sentence, unless it be Sunday, and then on the Monday following.*
Whosoever shall be guilty of Rape,† Polygamy,‡ or Sodomy§
21. E. 3. 23. But it is believed never to have been capital. 1. H. P. C. 425. 1. Hawk. 75. Foster, 282. 4. BI]. 188. It seems doubtful also, whether at Common law, the party forfeited all his chattels in this case, or only paid a weregild. Foster, ubi supra, doubts, and thinks it of no consequence, as the statute of Gloucester entitles the party to Royal grace, which goes as well to forfeit- ure as life. To me, there seems no reason for calling these excusable homi- cides, and the killing a man in defence of property, a justifiable homicide. The latter is less guiltless than misadventure or self-defence.
Suicide is by law punishable by forfeiture of chattels. This bill exempts it from forfeiture. The suicide injures the state less than he who leaves it with his effects. If the latter then be not punished, the former should not. As to the example, we need not fear its influence. Men are too much attached to life, to exhibit frequent instances of depriving themselves of it. At any rate, the quasi-punishment of confiscation will not prevent it. For if one be found who can calmly determine to renounce life, who is so weary of his existence here, as rather to make experiment of what is beyond the grave, can we sup- por him, in such a state of mind, susceptible of influence from the losses to
is family by confiscation? That men in general, too, disapprove of this se- verity, is apparent from the constant practice of juries finding the suicide in a state of insanity ; because they have no other way of saving the forfeiture. Let it then be done away.
- Beccaria. § 19. 25. G. 2. ¢. 37.
† 13. E. L.c.34. Forcible abduction of a woman having substance, is felony by 3. H. 7. c¢.2. 3. Inst. 61. 4. BJ. 208. If goods be taken, it will be felony as to them, without this statute : and as to the abduction of the woman, quere if not better to leave that, and also kidnapping, 4. Bl. 219: to the Common law — remedies, viz. fine, imprisonment, and pillory, Raym.474. 2. Show. 221. Skin. 47. Comb. 10. the writs of Homine replegiando, Capias in Withernam, Ha- beas corpus, and the action of trespass? Rape was felony at the Common law. 3. Inst. 60. but see 2. Inst. 181. further—for its definition see 2. Inst. 180. Bracton, L.3. c, 28. § 1. says, the punishment % rape is ‘ amissio membrorum, ut sit membrum pro membro, quia virgo, cum corrumpitur, membrum amittit, et ideo corruptor puniatur in eo in quo deliquit ; oculos igitur amittat propter aspectum decoris quo virginem concupivit ; amittat et testiculos qui calorem stupri induxerunt. Olim quidem corruptores virginitatis et castitatis suspen- debantur et eorum fautores, &c. Modernis tamen temporibus aliter observa- tur,’ &c. And Fleta, ‘ solet justiciarius pro quolibet mahemio ad amissionem testiculorum vel oculorum convictum condemnare, sed non sine errore, eo quod id judicium nisi in corruptione virginum tantum competebat ; nam pro virgini- tatis corruptione solebant abscidi et merito judicari, ut sic pro membro quod abstulit, membrum per quod deliquit amitteret, viz. testiculos, qui calorem stupri induxerunt,’ &c. Fleta, L. 1. c.40. § 4. ‘Gif theow man theowne to nydhemed genyde, gabete mid his eowende:’ Si servus servam ad stuprum coegerit, compenset hoc virga sua virili. Si quis puellam,’ &c. LJ. Aelfridi. 25. ‘Hl purgist femme per forze forfait ad les membres. 11. Gul. conq. 19.
In
‡ 1. Jac. 1.c. 11. Polygamy was not penal till the statute 1. Jac: The law
contented itself with the nullity of the act. 4. Bl. 163. 3. Inst. 88. § 25. H. 8.c.6. Buggery is twofold. 1. With mankind, 2. with beasts. Buggery is the Genus, of which Sodomy and Bestiality, are the species. 12. Co. 37. says,
