The Writings of Thomas Jefferson, Vol. 1 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and PrivateJefferson, Thomas
History
The Writings of Thomas Jefferson, Vol. 1 (of 9): Being His Autobiography, Correspondence, Reports, Messages, Addresses, and Other Writings, Official and Private
Jefferson, Thomas
United States -- Politics and government -- 1775-1783; United States -- Politics and government -- 1783-1865
Whosoever committeth murder by poisoning shall suffer death by poison.
Whosoever committeth murder by way of duel shall suffer death by
hanging; and if he were the challenger, his body, after death, shall be
gibbetted.[36] He who removeth it from the gibbet shall be guilty of a
misdemeanor; and the officer shall see that it be replaced.
Whosoever shall commit murder in any other way shall suffer death by
hanging.
And in all cases of Petty treason and murder, one half of the lands
and goods of the offender, shall be forfeited to the next of kin
to the person killed, and the other half descend and go to his own
representatives. Save only, where one shall slay the challenger in
a duel,[37] in which case, no part of his lands or goods shall be
forfeited to the kindred of the party slain, but, instead thereof, a
moiety shall go to the Commonwealth.
The same evidence[38] shall suffice, and order and course[39] of
trial be observed in cases of Petty treason, as in those of other[40]
murders.
Whosoever shall be guilty of manslaughter,[41] shall, for the first
offence, be condemned to hard[42] labor for seven years in the public
works, shall forfeit one half of his lands and goods to the next of kin
to the person slain; the other half to be sequestered during such term,
in the hands and to the use of the Commonwealth, allowing a reasonable
part of the profits for the support of his family. The second offence
shall be deemed murder.
And where persons, meaning to commit a trespass[43] only, or larceny,
or other unlawful deed, and doing an act from which involuntary
homicide hath ensued, have heretofore been adjudged guilty of
manslaughter, or of murder, by transferring such their unlawful
intention to an act, much more penal than they could have in probable
contemplation; no such case shall hereafter be deemed manslaughter,
unless manslaughter was intended, nor murder, unless murder was
intended.
In other cases of homicide, the law will not add to the miseries of the
party, by punishments and forfeitures.[44]
Whenever sentence of death shall have been pronounced against any
person for treason or murder, execution shall be done on the next
day but one after such sentence, unless it be Sunday, and then on the
Monday following.[45]
Whosoever shall be guilty of Rape,[46] Polygamy,[47] or Sodomy[48]
with man or woman, shall be punished, if a man, by castration,[49] if a
woman, by cutting through the cartilage of her nose a hole of one half
inch in diameter at the least.
But no one shall be punished for Polygamy, who shall have married after
probable information of the death of his or her husband or wife, or
after his or her husband or wife, hath absented him or herself, so that
no notice of his or her being alive hath reached such person for seven
years together, or hath suffered the punishments before prescribed for
rape, polygamy, or sodomy.
Public-domain text, read in full here on John Shaqi.
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