Under the head of Public Felonies we shall class the following: having peculiar relation to the State.
- 1. Felonies relative to the Coin of the Realm.
- 2. —————— to the King and his Counsellors, &c.
- 3. —————— to Soldiers and Marines.
- 4. —————— to embezzling Public Property.
- 5. —————— to Riot and Sedition.
- 6. —————— to Escape from Prison.
- 7. —————— to Revenue and Trade, &c.
We consider as comprehended under Private Felonies the following crimes committed, 1. Against the Life, 2. the Body, 3. The Goods, 4. The Habitation of the Subject.
| Against Life. | 1. By Murder. 2. By Man-slaughter. 3. By Misadventure. 4. By Necessity. |
| Against the Body. | 1. Sodomy. 2. Rape. 3. Forcible Marriage. 4. Polygamy. 5. Mayhem. |
| Against Goods. | 1. Simple Larceny. 2. Mixt Larceny. 3. Piracy. |
| Against the Dwelling or Habitation. | 1. Arson. 2. Burglary. |
Those Crimes which we have denominated Public Felonies being merely of a political nature, it would seem that the ends of justice would be far better answered, than at present, and convictions oftener obtained, by different degrees of Punishment short of Death.
With regard to Private Felonies, it may be necessary to make some specific observations——
The first, in point of enormity, is Murder, which may be committed in two Ways:—first, upon one's self, in which case the offender is denominated Felo de se or a Self-murderer;—secondly, by killing another person.
The Athenian Law ordained, that persons guilty of Self-murder should have the hand cut off which did the murder, and buried in a place separate from the body; but this seems of little consequence.—When such a calamity happens, it is a deplorable misfortune; and there seems to be a great cruelty in adding to the distress of the wife, children, or nearest kin of the deceased, by the forfeiture of his whole property; which is at present confiscated by Law.
By the Law of England, the judgment in case of Murder is, that the person convicted shall suffer death and that his body shall be dissected.