already affigned, ought either in justice or policy to be confidered as offences which should be punished with death.

SECT. III.

Of Private Felonies.

PRIVATE Felonies may be committed,

Against the life. 2. The body.

3. The goods: Or, 4. The habitation of the subject.

Private Felonies against the life of a subject may be committed by destroying him 1. By murder. 2. By man-flaughter. 3. By chance-medley. 4. By neceflity.

Mad ore

Murder may be committed upon one'sfelf, when one compos mentis kills himself with deliberation and direct purpofe; in which cafe, the self-murderer is termed felo de fe.

If one malicioufly attempting to kill another, and in purfuance of fuch attempt unwillingly kills himself, he is felo de fe; as when one haftening to kill another, falls upon his weapon, which he held up in his own defence; though fome incline to think that he is not felo de se, unless he dies by his own weapon, and that otherwise it is per fortunium.

in

SECT. II.

Reflections on the foregoing Section.

TH

HE good of fociety requires, no doubt, that this crime fhould be punished in as exemplary a manner, as the nature of it will admit; and perhaps the ignominious method of burying such felons is as efficacious as any which can be devised.

The method, however, generally used, of driving a ftake through their bodies, is a practice, as it is said, which hath no countenance from the coroner's warrant.

The Athenian law, which ordained, that they who were felos de fe fhould have the hand cut off which did the murder, and that it should be buried in a place feparate from the body, does not feem to be fo fuitable and effectual as our own.

The forfeiture, however, in this fpecies of offence, is attended with a cruelty and injuftice to individuals, without tending to any public benefit,

A a 2.

SECT.

SECT. III.

Of Forfeiture in Felo de fe.

A

Felo de fe forfeits all his goods and chattels, real and perfonal, which he hath in his own right, and all fuch chattels real, as he hath jointly with his wife, or in her right. He likewife forfeits bonds or things in action belonging folely to himself, and all intire chattels in poffeffion.

By the laws of Scotland likewife, the moveables (or personal estate) of a felo de fe are confifcated.

As to lands of inheritance, he does not forfeit them, not being attainted in his lifetime......

SECT.

SECT. IV.

Reflections on Forfeiture in Felo

T

de fe.

O what end, in a crime of this nature,

can fuch forfeitures avail? What advantage can the public derive from this feverity, which falls on the innocent? Is it not enough for a wife and children to lose a husband and a father, by a death attended with fuch fhocking circumftances, without fuffering for his guilt, and being reduced to beggary by the sentence of the law?

Is it to be fuppofed, that a man weary of his being, will be deterred from self murder by the confideration of fuch forfeiture? Will it not rather induce him to devife means for concealing the real cause of his death, and make that seem accident which is in fact defign.

If we confult the feelings of human nature, we shall find reafon to conclude that no motive whatever can engage the wretched,