ſuch a law to the dictates of conſcience and humanity. To ſhed the blood of our fellow creature is a matter that requires the greateſt deliberation, and the fulleſt conviction of our own authority : for life is the immediate gift of God to man ; which neither he can reſign, nor can it be taken from him, unleſs by the command or permiſſion of him who gave it ; either expreſſly revealed, or collected from the laws of nature or ſociety by clear and indiſputable demonſtration.
I would not be underſtood to deny the right of the legiſlature in any country to inforce it's own laws by the death of the tranſgreſſor, though perſons of ſome abilities have doubted it ; but only to ſuggeſt a few hints for the conſideration of ſuch as are, or may hereafter become, legiſlators. When a queſtion ariſes, whether death may be lawfully inflicted for this or that tranſgreſſion, the wiſdom of the laws muſt decide it : and to this public judgment or deciſion all private judgments muſt ſubmit ; elſe there is an end of the firſt principle of all ſociety and government. The guilt of blood, if any, muſt lie at their doors, who miſinterpret the extent of their warrant ; and not at the doors of the ſubject, who is bound to receive the interpretations, that are given by the ſovereign power.
2. As to the end, or final cauſe of human puniſhments. This is not by way of atonement or expiation for the crime committed ; for that muſt be left to the juſt determination of the ſupreme being : but as a precaution againſt future offences of the ſame kind. This is effected three ways : either by the amendment of the offender himſelf ; for which purpoſe all corporal puniſhments, fines, and temporary exile or impriſonment are inflicted : or, by deterring others by the dread of his example from offending in the like way, “ ut poena (as Tully[1] expreſſes it) ad paucos, metus ad omnes perveniat ;” which gives riſe to all ignominious puniſhments, and to ſuch executions of juſtice as are open and public : or, laſtly, by depriving
- ↑ pro Cluentio. 46.
