236 Sir Joun D’Orty’s Sketch of the 
tradition and living testimonies, and for want of written authorities, the fol- 
lowing short outline of those principal institutions and customs, which seem 
to be most generally acknowledged and sanctioned by precedents and the 
existing practice, I fear will be imperfect and liable to many errors. 
But with respect to high crimes, of which the instances within memory 
are comparatively not very numerous, as the punishments varied according 
to the temper of the reigning prince, and as it is difficult to distinguish the 
decision of law from the mitigated sentence, which both depend on the 
same supreme authority, it may almost be asserted that no fixed rule existed. 
Crimes and Punishments. 
First—Treason, conspiracy and rebellion. 
These crimes have always been considered properly punishable with death ; 
and there are several instances, prior to the reign of the deposed King, in 
which they have been visited with capital punishment. With respect to 
persons of inferior rank implicated in the same treasonable acts, the punish- 
ment has in many instances been neglected, or wholly remitted. 
Conviction is almost universally followed by confiscation of property, and 
sometimes involved that of the relations of the deceased. 
Of adultery with the King’s wives, which is considered a species of trea- 
son, two instances only are cited, in both of which capital punishments were 
inflicted upon both the criminals. 
Of illicit intercourse with the King’s concubines there are several in- 
stances, in which the delinquents have been sentenced to suffer severe 
corporal punishment, and sometimes the additional penalty of cutting off 
the hair or imprisonment, but the offence has never been punished with 
death. 
Homicide. 
The distinctions which exist in the law of civilized nations between the 
several species of homicide of course find no place here ; but if any princi- 
ples can be said to have existed, the following seem to have been most 
generally observed : 
Wilful and deliberate homicide is punished with death, and is considered 
to be homicide committed deliberately and intentionally, without sudden 
provocation, and not in defence of self or property against a violent and un- 
lawful act. 
If two or more persons quarrel and one of them be killed in the affray, it is 
