man measured the equity of his claim, by the power he had to purfue it; and, when injured, every man was his own avenger. His refentment alone dictated the proportion of punishment; and if, on the slightest, or without any provocation, he committed Murder, a pecuniary compofition atoned for the offence.

SECT. IV.

The fame Subject continued.

BY

Y the Jewish Law, Murder was not only punishable by death, but avengers were appointed to punish the Murderer wherever they found him; and they fuffered the criminal to be torn from the most venerable fanctuaries to undergo punishment; exprefsly forbidding both the avengers and the judges to make any compofition, or accept of any recompenfe for the

crime.

The

The Jews had likewife another inftitution, extremely proper at that time, to inspire the people with an extraordinary horror against wilful Murder; which was the expiation of an uncertain Murder; by which the Elders of the next city to the perfon flain, were to offer an heifer by way of atonement, to cleanse the land from blood.

By the Perfan Law, Murderers, more particularly poisoners, were preffed to death between two ftones.

By the Laws of China, Murder is punifhed with death, according to the nature of it. If a man kills his adversary in a duel, he is ftrangled, which is reckoned the leffer punishment; if by affaffination, or with any aggravating circumftances, he is beheaded, which is deemed more difho nourable.

The Laws of Scotland, with respect to Murder, are fomewhat analogous to our

own,

own, being punished by death, and confifcation of moveables.

But there is a fpecies of Murder unknown to our Laws, which, by thofe of Scotland, is punished as a treasonable of fence, which is Murder upon truft; that is, where the party murdered put himself under the truft or confidence of the flayer; in which cafe the crime is punished as Treafon.

Poifoning, likewife, by the Scotch Law, is declared to be punishable as the crime of Treafon.

The crime of poifoning was formerly fo odious in this kingdom, that by act of parliament of Hen. VIII. it was made High Treason, and punished by a more grievous and lingering death than the Common Law ordained, viz. That the offender should be boiled to death in hot water. Upon which. Statute, Margaret Davy, a young woman, was attainted of High Treafon, for poifoning her miftrefs; and fome others were

boiled to death in Smithfield on the 17th of March, in the fame year. But this act was too fevere to live long, and therefore was repealed by Edw. VI. chap. 12. and 1st Mar. chap. I.

It is worthy of obfervation, that, by the antient Law of Scotland, the king could not pardon for Murder, unless the offender agreed to affith the party, which affithment being in the nature of a compofition, was modified by the council; and when the Murderer was taken red band, that is, apprehended in the act, the sheriff was to try and execute within three funs.

With regard to our Laws, the crime of Murder, in the old feudal times, was atoned for, as has been obferved, by compofi

tion.

The Saxons punished Murder only with a fine, according to the old rule, luitur bomicidium certo armentorum & pecorum numero: and what was ftill worse, they countenanced that, which, in after ages,

was

was called deadly feud; and fo under colour of punishing Murder by revenge, they added

blood to blood.

But as times grew more civilized, and as Religion gained ground, the nature of this crime was better underftood, which brought on the Law of Appeals, and fo private revenge came under the power of the Law, which punished death with death. The good king Alfred's zeal against Murder firft caufed it to be capitally punished.

pu

Our rude forefathers, however, as well as we, diftinguished the different degrees of bloodshed, and made a difference in the nishment. One kind they confidered as fpringing from fudden paffion; another from forethought and purpose, which they called Abere Murder, or Murder by foreplot or treachery; and this was made nullo pretio emendabile.

Yet towards the time of the Danes, devotion grew fo high, that a fanctuary could

make