Polygamy stands next as an offence against the person:—It was first declared Felony by the statute of James the first, cap. 11, but not excluded from the Benefit of Clergy, and therefore not subject to the punishment of death.
Though, in one view, the having a plurality of wives or husbands, appears only a political offence, yet it is undeniably a breach of religious and moral virtue, in a very high degree.—It is true, indeed, that in the early ages of the world, Polygamy was tolerated both in Greece and Rome, even after the People had arrived at a high pitch of refinement.—But since the institution of Matrimony under the present form, Polygamy must be considered as highly criminal, since marriage is an engagement which cannot be violated without the greatest injury to Society. The Public Interest, therefore, requires that it should be punished; and the Act 35th George III. cap. 67, which punishes this offence with transportation, is certainly not too severe.
Mayhem, or Maiming, is the last in the Catalogue of Offences against the Person. It was first made Single Felony by the 5th of Henry the Fourth, cap. 5.—It is defined to be maiming, cutting the tongue, or putting out the eyes of any of the King's liege people. The statute of the 22d and 23d of Charles the Second, cap. 1. extends the description of this offence to slitting the nose, cutting off a nose or lip, or cutting off or disabling any limb or member, by malice forethought, and by lying in wait with an intention to maim and disfigure:—And this statute made the offence Felony, without Benefit of Clergy.
To prove malice in this crime, it is sufficient that the act was voluntary, and of set purpose, though done on a sudden.
Mayhem, as explained in the above statutes, is certainly a very atrocious offence; and as the punishment is not followed by corruption of blood, or the forfeiture of the property of the offender, it is, according to the present system, perhaps not too severe.
One particular sort of Mayhem by cutting off the ear, is punishable by an Act 37 Hen. VIII. cap. 6. which directs that the offender shall forfeit treble damages to the party grieved, to be recovered by action of trespass; and £.10 by way of fine to the King.
We next come to examine Private Felonies against the Goods or Property of the Individual, viz. Simple Larceny, Mixt Larceny, and Piracy.
Simple Larceny is divided into two sorts;—1st, Grand Larceny, and 2d, Petit Larceny.—The first is defined to be the felonious taking and carrying away the mere personal property or goods of another, above the value of twelve pence.—This offence is capital, and punished with death, and the forfeiture of property.
Petit Larceny is where the goods, taken in the above manner, are under the value of twelve pence; in which case, the punishment (according to the circumstances of atrocity attending the offence,) is imprisonment, whipping, or transportation, with forfeiture of goods and chattels.
Thus it appears, that by the rigour of the Law, stealing the least trifle above 12d. subjects the offender to the loss of life; a punishment apparently repugnant to reason, policy, or justice: more especially when it is considered, that at the time this Anglo Saxon Law was made, in the reign of Athelstan, 860 years ago, one shilling was of more value, according to the price of labour, than seventy-five shillings are at the present period: the life of man therefore may be justly said to be seventy-five times cheaper than it was when this mode of punishment was first established.