This indiscriminate blending of crimes, so different and disproportionate in their nature, under one common head, is certainly liable to great objections; seeing that the judgment in this offence is so extremely severe and terrible, viz. That the offender be drawn to the gallows on the ground or pavement: That he be hanged by the neck, and then cut down alive: That his entrails be taken out and burned while he is yet alive: That his head be cut off: That his body be divided into four parts: And that his head and quarters be at the King's disposal.—Women, however, are only to be drawn and hanged:—though in all cases of treason, they were heretofore sentenced to be burned: a cruel punishment, which, after being alleviated by the custom of previous strangulation, was at length repealed, by the Act 30 Geo. III. c. 48.
There are indeed some shades of difference with regard to coining money; where the offender is only drawn and hanged; and that part of the punishment which relates to being drawn and quartered is, to the honour of humanity, never practised. But even in cases of the most atrocious criminality, the execution of so horrid a sentence seems to answer no good political purpose.—Nature shudders at the thought of imbruing our hands in blood, and mangling the smoaking entrails of our fellow-creatures.
In most Countries and in all ages, however, Treason has been punished capitally.—Under the Roman Laws, by the Cornelia Lex, of which Sylla, the Dictator, was the author, this Offence was created.—It was also made a capital Crime when the Persian Monarchy became despotic.
By the Laws of China, Treason and Rebellion are punished with a rigour even beyond the severity of our judgment, for the criminals are ordained to be cut in ten thousand pieces.
There is another species of Treason, called Petty Treason, described by the Statute of the 25th of Edward the III. to be the offence of a Servant killing his Master, a Wife killing her Husband, or a Secular or Religious slaying his Prelate.—The Punishment is somewhat more ignominious than in other capital offences, inasmuch as a hurdle is used instead of a cart.—Here again occurs a very strong instance of the inequality of Punishments; for although the principle and essence of this Crime is breach of duty and obedience due to a superior slain, yet if a child murder his parents (unless he serve them for wages) he is not within the Statute; although it must seem evident to the meanest understanding that Parricide is certainly a more atrocious and aggravated offence, than either of those specified in the Statute.
By the Lex Pompeia of the Romans, Parricides were ordained to be sown in a sack with a dog, a cock, a viper, and an ape, and thrown into the sea, thus to perish by the most cruel of all tortures.
The ancient Laws of all civilized nations punished the crime of Parricide by examples of the utmost severity.—The Egyptians put the delinquents to death by the most cruel of all tortures—mangling the body and limbs, and afterwards laying it upon thorns to be burnt alive.
By the Jewish Law it was death for children to curse, or strike their parents; and in China, this crime was considered as next in atrocity to Treason and Rebellion, and in like manner punished by cutting the delinquent in one thousand pieces.
The Laws of England however make no distinction between this crime and common Murder; while it is to be lamented that offences far less heinous, either morally or politically considered, are punished with the same degree of severity; and it is much to be feared, that this singular inequality is ill calculated to inspire that filial awe and reverence, to parents, which all human Laws ought to inculcate.
The offences next in enormity to Treason, are by the Laws of England, denominated Felonies, and these may be considered as of two kinds, public and private.