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lature to arrange, in a proper scale, the crimes which it may be necessary for them to repress, and to adjust thereto a correspond- ing gradation of punishments.
And whereas, the reformation of offenders, though an object worthy the attention of the laws, is not effected at all by capital punishments, which exterminate, instead of reforming, and should be the last melancholy resource against those whose existence is become inconsistent with the safety of their fellow citizens, which also weaken the State, by cutting off so many who, if reformed, might be restored sound members to society, who, even under a course of correction, might be rendered useful in various labors for the public, and would be living and long continued spectacles to deter others from committing the like offences.
And forasmuch as the experience of all ages and countries hath shewn, that cruel and sanguinary laws defeat their own purpose, by engaging the benevolence of mankind to withhold prosecutions, to smother testimony, or to listen to it with bias, when, if the pun- ishment were only proportioned to the injury, men would feel it their inclination, as well as their duty, to see the laws observed.
For rendering crimes and punishments, therefore, more pro- portionate to each other :
Be it enacted by the General Assembly, that no crime shall be henceforth punished by deprivation of life or limb,* except those hereinafter ordained to be so punished.
If a man do levy wart against the Commonwealth [in the same], or be adherent to the enemies of the Commonwealth [with- in the same,]§ giving to them aid or comfort in the Commonwealth,
- This takes away the punishment of cutting off the hand of a person striking
another, or drawing his sword in one of the superior courts of justice. Stamf. P.C.38. 33. H. 8.c. 12. Inan earlier stage of the Common law, it was death. Gif hwa gefeohte on Cyninges huse sy he scyldig ealles his yrfes, and sy on Cyninges dome hwether he lif age de nage: si quis in regis domo pugnet, perdat omnem suam haereditatem, et in regis sit arbitrio, possideat vitam an non possideat. Li. Inae. 6. Gif hwa on Cyninges healle gefeohte, oththe his weepne gebrede, and hine mon gefo, sy thet on Cyninges dome swa death, swa lif, swa he him forgyfan wille : si quis in aula regia pugnet, vel arma sua extrahat et capiatur, sit in regis arbitrio tam mors quam vita, sicut ei con- donare voluerit. LI. Alfr. 7. Gif hwa on Cyninges hirede gefeohte tholige thzet lifes, buton se Cyning him gearian wille : si quis in regia dimicat, per- dat vitam, nisi rex hoc illi condonare velit. LI. Cnuti. 56. 4. Bl. 125.
t 25. E. 3. st.5.c.2. 7. W.3.¢.3. § 2.
{ Though the crime of an accomplice in treason is not here described, yet, Lord Coke says, the partaking and maintaining a treason herein described, makes him a principal in that treason; it being a rule that in treason all are principals. 3 Inst. 138. 2 Inst. 590. 1 H. 6. 5. Z
§ These words in the English statute narrow its operation. A man adher- ing to the enemies of the Commonwealth, in a foreign country, would certainly not be guilty of treason with us, if these words be retained. The convictions
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