The punishment of death for felony (as has already been observed) has existed since the reign of Henry I. nearly 700 years.—Transportation is commonly understood to have been first introduced, anno 1718, by the act of the 4th George I. cap. 11; and afterwards enlarged by the Act 6th of George I. c. 23, which allowed the court a discretionary power to order felons who were by law entitled to their clergy, to be transported to the American plantations for seven or fourteen years, according to circumstances.[130]
Since that period the mode of punishment has undergone several other alterations; and many Crimes which were formerly considered of an inferior rank, have been rendered capital: which will be best elucidated by the following Catalogue of Offences, divided into six classes according to the Laws now in force.
1. Crimes punishable by the Deprivation of Life; and where, upon the Conviction of the Offenders the sentence of Death must be pronounced by the Judge.—Of these, it has been stated, the whole, on the authority of Sir William Blackstone, including all the various shades of the same offence, is about 160 in number.
The principal are the following:
Treason, and Petty Treason; See [page 38], &c. Under the former of these is included the Offence of Counterfeiting the Gold and Silver Coin, See page [191]-[211].
Murder, See [page 44], &c.
Arson, or wilfully and maliciously burning a House, Barns with Corn, &c. See [page 56].
Rape, or the forcible violation of chastity, &c. See [page 46].