For rendering crimes and punishments, therefore, more proportionate to each other.

Be it enacted by the General Assembly, that no crime shall be henceforth punished by deprivation of life or limb,* except those hereinafter ordained to be so punished.

* This takes away the punishment of cutting off the hand of a person striking another, or drawing his sword in one of the superior courts of justice.  Stamf.  P. C. 38; 33 H. 8. c. 12.  In an earlier stage of the Common law, it was death. ’Gif hwa gefeohte on Cyninges huse sy he scyldig ealles his yrfes, and sy on Cyninges dome hwsether he lif age de nage:  si quis in regis domo pugnet, perdat omnem suam ha; reditatem, et in regis sit arbitrio, possideat vitarn an non possideat.’ LI.  Inae. 6. &c.

If a man do levy war* against the Commonwealth [in the same], or be adherent to the enemies of the Commonwealth [within the same],*** giving to them aid or comfort in the Commonwealth, or elsewhere, and thereof be convicted of open deed, by the evidence of two sufficient witnesses, or his own voluntary confession, the said cases, and no others,**** shall be adjudged treasons which extend to the Commonwealth, and the person so convicted shall suffer death by hanging,***** and shall forfeit his lands and goods to the Commonwealth.

     * 25 E 3. st. 5. c. 2; 7 W. 3. c. 3, Sec. 2.

** Though the crime of an accomplice in treason is not here described yet Lord Coke says, the partaking and maintaining a treason herein described makes him a principal in that treason.  It being a rule that in treason all are principals. 3 inst. 138; 2 Inst. 590; H. 6. c. 5.

*** These words in the English statute narrow its operation.  A man adhering to the enemies of the Commonwealth, in a foreign country, would certainly not be guilty of treason with us, if these words be retained.  The convictions of treason of that kind in England, have been under that branch of the statute which makes the compassing the king’s death treason.  Foster, 196, 197.  But as we omit that branch, we must by other means reach this flagrant case.

**** The stat. 25 E. 3. directs all other cases of treason to await the opinion of Parliament.  This has the effect of negative words, excluding all other treasons.  As we drop that part of the statute, we must, by negative words, prevent an inundation of common law treasons.  I strike out the word ‘it,’ therefore, and insert ’the said cases and no others.’  Quaere, how far those negative words may affect the case of accomplices above mentioned?  Though if their case was within the statute, so as that it needed not await the opinion of Parliament, it should seem to be also within our act, so as not to be ousted by the negative words.

     ***** This implies ‘by the neck.’  See 2 Hawk. 444, notes n.o.

If any person commit petty treason, or a husband murder his wife, a parent his child,* or a child his parent, he shall suffer death by hanging, and his body be delivered to anatomists to be dissected.