Homicide by _Misadventure_ is, when _one is doing a lawful act, without intent to hurt another_, and _death ensues_.--For this offence a pardon is allowed of course; but in strictness of Law the property of the person convicted is forfeited; the rigour of which, however, is obviated by a Writ of Restitution of his goods, to which the party is now, by long usage, entitled of right; only paying for suing out the same. Homicide _by necessity_ or in _Self-defence_, is another shade of Murder, upon which no punishment is inflicted: and in this is included what the Law expresses by the word _Chance-medley_: which is properly applied to such killing as happens in self-defence upon a sudden rencounter. Yet, still by strictness of Law, the goods and chattels of the person charged and convicted are forfeited to the Crown; contrary, as it seems to many, to the principles of Reason and Justice. It should be recollected that in all cases where the Homicide does not amount to Murder or Man-slaughter, the Judges permit, nay even direct, a verdict of acquittal.--But it appears more consonant with the sound principles of Justice, that the Law itself should be precise, than that the property of a man should, in cases of _Misadventure_, _Chance-medley_, and _Self-defence_ depend upon the construction of a Judge, or the lenity of a Jury: Some alteration therefore, in the existing Laws, seems called for in this particular. Having thus briefly discussed what has occurred relative to the punishment of offences against life, we come next to make some observations on what we have denominated _Private Felonies against the Body of the Subject_. By the Grecian, Roman, and Jewish Laws, the abominable crime of _Sodomy_ was punished with death.--In France, under the Monarchy, the offenders suffered death by burning. The Lombards were said to have brought this detestable vice into England, in the reign of Edward the Third.--In ancient times the men were hanged, and the women drowned: At length by the Act 25th of Henry the Eighth, cap. 6, it was made Felony without Benefit of Clergy.-- It has been doubted, however, whether the severity of the punishment of a crime so unnatural, as even to appear incredible, does not defeat the object of destroying it, by rendering it difficult to convict an offender. The same objection has been made with respect to the crime of committing _a Rape_. A proper tenderness for life makes the Law require a strong evidence, and of course the proof is nice and difficult; whereas, were the punishment more mild, it might be more efficacious in preventing the violation of chastity.