f, and what way it can be done. The
second is the resolution, which is the determination of the mind to
destroy himself, and to do it in this or that particular way. The third
is the perfection, which is the execution of what the mind has resolved
to do. And this perfection consists of two parts, viz. the beginning
and the end. The beginning is the doing of the act which causes the
death; and the end is the death, which is only the sequel to the act.
And of all the parts, the doing of the act is the greatest in the
judgment of our law, and it is, in effect, the whole and the only part
the law looks upon to be material. For the imagination of the mind to
do wrong, without an act done, is not punishable in our law; neither is
the resolution to do that wrong which he does not, punishable; but the
doing of the act is the only point the law regards, for until the act
is done it cannot be an offence to the world, and when the act is done
it is punishable. Then, here, the act done by Sir James Hale, which is
evil and the cause of his death, is the throwing of himself into the
water, and death is but a sequel thereof, and this evil act ought some
way to be punished. And if the forfeiture shall not have relation to
the doing of the act, then the act shall not be punished at all, for
inasmuch as the person who did the act is dead, his person cannot be
punished, and therefore there is no way else to punish him but by the
forfeiture of those things which were his own at the time of the act
done; and the act was done in his lifetime, and therefore the
forfeiture shall have relation to his lifetime, namely, to that time of
his life in which he did the act which took away his life."

And the judges, viz. Weston, Anthony Brown, and Lord Dyer, said:

"That the forfeiture shall have relation to the time of the original
offence committed, which was the cause of the death, and that was, the
throwing himself into the water, which was done in his lifetime, and
this act was felony."----"So that the felony is attributed to the act,
which act is always done by a living man and in his lifetime," as Brown
said; for he said, "Sir James Hale was dead, and how came he to his
death? It may be answered, By drowning. And who drowned him? Sir James
Hale. And when did he drown him? In his lifetime. So that Sir James
Hale bein