As to the punishment which human laws inflict on this crime, they can only act upon what the criminal has left behind him,—his reputation and fortune; on the former, by an ignominious burial in the highway, with a stake driven through his body; on the latter, by the forfeiture of all his goods and chattels to the king. In this as well as all other felonies, the offender must be of the age of discretion, and _compos mentis_; and therefore an infant killing himself, under the age of discretion, (of which some extraordinary instances have lately been related in the public journals) or a lunatic during his lunacy, cannot be a _felo de se_. 1 _Hawk. P. C._ _c._ 27, _s._ 1. _Crom._ 30, _a_ 6, 31; _Hales P. C._ 28; _Dalt._ _c._ 92; 3 _Inst._ 54. He who kills another, though at his own desire or command, is a murderer;[89] and the person killed is not looked upon as a _felo de se_, in as much as his assent was merely void, being against the law of God and man; 1 _Hawk. P. C._ _c._ 27, _s._ 6; _Keilw._ 136; _Moor_ 754. But query, as he is the guilty cause of his own death, is he not a felon? for if the question had been of the death of another, his consent to it would have been equally against the laws of God and man; yet if poison were given by his direction or command, even though he were not present, and might have repented, it would be murder, much more then, when he actually assists at the perpetration. Further, as to what a _felo de se_ shall forfeit, it seems clear that he shall forfeit all chattels, real or personal, which he hath in his own right; and also all chattels real, whereof he is possessed jointly with his wife, or in her right; and also all bonds and other personal things in action, belonging solely to himself; and also all personal things in action, and as some say, entire chattels in possession, to which he was entitled jointly with another, on any account, except that of merchandize. But it is said, that he shall forfeit a moiety only of such joint chattels as may be severed, and nothing at all of what he was possessed of as executor or administrator; 1 _Hawk. P. C._ _c._ 27, _s._ 7, and authorities there. However the blood of a _felo de se_ is not corrupted, nor his lands of inheritance forfeited, nor his wife barred of her dower. 1 _Hawk. P. C._ _c._ 27, _s._ 1; _Plowd. Com._ 261 b, 262 a; 1 _Hales, P. C._ 413. The will of a _felo de se_ becomes void as to his personal property, but not as to his real estate. _Plowd._ 261.