si possit.  Item non tenetur si per inforlunium, et non anitno et voluntate occidendi, nee dolus, nec culpa ejus inveniatur.’  L.3. c.36.  Sec. 1.  The stat. 24 H. 8. c. 5 is therefore merely declaratory of the Common law.  See on the general subject, Puffend. 2. 5.  Sec. 10, 11, 12, 16, 17.  Excusable homicides are by misadventure, or in self-defence.  It is the opinion of some lawyers, that the Common law punished these with death, and that the statute of Marlbridge, c. 26. and Gloucester, c. 9. first took away this by giving them title to a pardon, as matter of right, and a writ of restitution of their goods.  See 2 Inst, 148. 315; 3 Inst. 55.  Bracton, L. 3. c. 4.  Sec. 2.  Fleta L, 1. c. 23.  Sec. 14, 15; 21 E. 3. 23.  But it is believed never to have been capital. 1 H. P. C. 425; 1 Hawk. 75; Foster, 282; 4 Bl. 188.  It seems doubtful also, whether at Common law, the party forfeited all his chattels in this case, or only paid a weregild.  Foster, ubi supra, doubts, and thinks it of no consequence, as the statute of Gloucester entitles the party to Royal grace, which goes as well to forfeiture as life.  To me, there seems no reason for calling these excusable homicides, and the killing a man in defence of property, a justifiable homicide.  The latter is less guiltless than misadventure or self defence.

Suicide is by law punishable by forfeiture of chattels.  This bill exempts it from forfeiture.  The suicide injures the state less than he who leaves it with his effects.  If the latter then be not punished, the former should not.  As to the example, we need not fear its influence.  Men are too much attached to life, to exhibit frequent instances of depriving themselves of it.  At any rate, the quasi- punishment of confiscation will not prevent it.  For if one be found who can calmly determine to renounce life, who is so weary of his existence here, as rather to make experiment of what is beyond the grave, can we suppose him, in such a state of mind, susceptible of influence from the losses to his family by confiscation?  That men in general, too, disapprove of this severity, is apparent from the constant practice of juries finding the suicide in a state of insanity; because they have no other way of saving the forfeiture.  Let it then be done away.

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.*

     * Beccaria, Sec. 19; 25 G. 2. c. 37.

Whosoever shall be guilty of Rape,* Polygamy,** or Sodomy,*** with man or woman, shall be punished, if a man, by castration,**** if a woman, by cutting through the cartilage of her nose, a hole of one half inch in diameter at the least.