248 PUBLIC BOOK IV.
CHAPTER THE EIGHTEENTH.
OF THE MEANS OF PREVENTING OFFENCES,
WE are now arrived at the fifth general branch or head,
under which I propofed to confider the fubjecl: of this
book of our commentaries ; viz. the means of preventing the
commiflion of crimes and mifdemefnors. And really it is an
honour, and almoft a fmgular one, to our Englifh laws, that
they furnifh a title of this fort : fince preventive juftice is upon
every principle, of reafon, of humanity, and of found policy,
preferable in all refpects to punifoing juftice * j the execution of
which, though necefTary, and in it's confequences a fpecies of
mercy to the commonwealth, is always attended with many har/h
and difagreeable circumftances.
THIS preventive juftice confifts in obliging thofe perfons, whom there is probable ground to fufpect of future mifbehaviour, to ftipulate with and to give full affurance to the public, that fuch offence as is apprehended mail not happen; by finding pledges or fecurities for keeping the peace, or for their good behaviour. This requifition of fureties has been feveral times mentioned before, as part of the penalty inflicted upon fuch as have been guilty of certain grofs mifdemefnors: but there alfo it muft be understood rather as a caution againft the repetition of the offence, than any immediate pain or punifhment. And
- Beccar. ch. 41.
indeed,
