ety shall
go to the Commonwealth.

* Quaere, if the estates of both parties in a duel should not
be forfeited? The deceased is equally guilty with a suicide.

The same evidence* shall suffice, and order and course** of trial be
observed in cases of petty treason, as in those of other*** murders.

* Quaere, if these words may not be omitted? By the Common
law, one witness in treason was sufficient. Foster, 233.
Plowd. 8. a. Mirror, c. 3. Sec. 34. Waterhouse on Fortesc de
Laud. 252. Carth. 144 per Holt. But Lord Coke, contra, 3
Inst 26. The stat. 1 E. 6. c 12. &5E.6. c. 11. first
required two witnesses in treason. The clause against high
treason supra, does the same as to high treason; but it
seems if 1st and 5th E. 6. are dropped, petty treason will
be tried and proved, as at Common law, by one witness. But
quaere, Lord Coke being contra, whose opinion it is ever
dangerous to neglect.

** These words are intended to take away the peremptory
challenge of thirty-five jurors. The same words being used 1
& 2 Ph. k. M. c. 10. are deemed to have restored the
peremptory challenge in high treason; and consequently are
sufficient to take it away. Foster, 237.

*** Petty treason is considered in law only as an aggravated
murder. Foster, 107,323. A pardon of all murders, pardons
petty treason. 1 Hale P. C. 378. See 2 H. P. C. 340, 342. It
is also included in the word 'felony,' so that a pardon of
all felonies, pardons petty treason.

Whosoever shall be guilty of manslaughter,* shall, for the first
offence, be condemned to hard 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.

* Manslaughter is punishable at law, by burning in the hand,
and forfeiture of chattels.

** It is best, in this act, to lay down principles only, in
order that it may not for ever be undergoing change: and, to
carry into effect the minuter parts of it; frame a bill 'for
the employment and government of felons, or male-factors,
condemned to labor for the Commonwealth,' which may serve as
an Appendix to