ther, he is not within the Statute; unless the child ferved the father or mother for wages, &c. in which cafe, he fhall be indicted by the name of a fervant.

This is abfolutely reverfing the degrees of criminality; for certainly the obedience due from a fervant to a mafter, falls infinitely short of that due from a child to a parent. If therefore the violation of obedience is the circumftance which makes the offence treasonable, parricide is certainly the moft aggravated fpecies of Petty Treason.

Among the Romans, it was provided, by the Lex Pompeia, that parricides should be fown in a fack with a dog, a cock, a viper, and an ape, and thrown into the sea, to perish by the most cruel of all tortures.

By the laws of Egypt, parricides were put to the most cruel deaths; first their limbs were mangled, and their flesh cut into small pieces with fharp reeds; afterwards they were laid on thorns and burnt alive. Parents, on the contrary, who killed

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killed their children, were not adjudged to die, but were obliged to embrace their dead bodies for three days and three nights together; a guard being fet over them to see that they punctually obeyed the law.

By the criminal laws of the Jews, it was death for children to curfe or ftrike their parents; nay, if they only continued in a ftubborn difobedience to their commands, parents had a right to inflict any punishment on them except death; and if the punishment they inflicted proved ineffectual, they might then bring them and accuse them before the judges; who, upon full proof, were obliged to condemn them to death without mercy or delay.

By the laws of China, difobedience to parents was ranked in the next degree of criminality to Rebellion and Treafon, and was punished with the fame, if not greater, feverity.

By the laws of Scotland, it is death for a child to curfe his father and mother, if

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the offender is past fixteen; if he is under fixteen, and above pupilarity, it is punished at discretion. If he kills father or mother, good-fire or good-dame, he is to fuffer death, and his pofterity in linea recta are incapable of fucceeding to the perfon killed, but the fucceffion devolves upon the next collateral or nearest of blood.

But, among us, the crime of parricide is placed in the fame degree of delinquency with that of common murder, at the fame time that offences, far lefs heinous, either morally or politically confidered, are punished as Petty Treason,

This ftrange and unnatural inequality is by no means calculated to infpire that filial awe and reverence towards our parents which the divine law enjoins, and which all human laws whatever ought to inculcate.

SECT.

SECT. III.

Of the Judgment in Petty Treafon.

HE Judgment in Petty Treafon is

TH

the fame as in capital felonies, with this diftinction only, that a man is to be drawn on a hurdle (inftead of a cart) and hanged; and a woman is to be drawn on a hurdle, and burnt, inftead of being hanged, as in cafes of felony.

This Judgment for women, who killed their husbands, is of very antient date. It prevailed among the Gauls, and likewife among the Britons before the descent of Julius Cæfar, and was in ufe at his landing, as we may learn from his Commentaries, De morte mariti, fi compertum eft uxorem, &c. igne Britanni interficiunt.

It was in use alfo in Bratton's time, as appears, lib. iii. fol. 105. Igne concremantur, qui falutem dominorum fuorum infidiaverint.

We

We find, however, from the foregoing Judgment, that whatever diftinction our law has made, as to the nature of the crimes between this crime and felony, there is very little difference as to the punishment. But no objection feems to lie against the Judgment.

SECT. IV.

Of Forfeiture in Petty Treafon.

T

HE Forfeiture in Petty Treason and Felony is the fame as in High Treafon, as to lands and tenements upon attainder, and as to goods and chattels upon conviction: Except that upon attainder in Petit Treafon or Felony, lands and tenements entailed are forfeited only during the life of the tenant in tail: The inheritance goes to the issue.

It is likewife obfervable, that, upon attainder of Petty Treason, the wife is not dowable, but upon attainder of felony she is dowable.

SECT.