quantity of puniſhments for crimes, by any one uniform rule ; but they muſt be referred to the will and diſcretion of the legiſlative power : yet there are ſome general principles, drawn from the nature and circumſtances of the crime, that may be of ſome aſſiſtance in allotting it an adequate puniſhment.
As, firſt, with regard to the object of it : for the greater and more exalted the object of an injury is, the more care ſhould be taken to prevent that injury, and of courſe under this aggravation the puniſhment mould be more ſevere. Therefore treaſon in conſpiring the king's death is by the Engliſh law puniſhed with greater rigour than even actually killing any private ſubject. And yet, generally, a deſign to tranſgreſs is not ſo flagrant an enormity, as the actual completion of that deſign. For evil, the nearer we approach it, is the more diſagreeable and ſhocking ; ſo that it requires more obſtinacy in wickedneſs to perpetrate an unlawful action, than barely to entertain the thought of it : and it is an encouragement to repentance and remorſe, even till the laſt ſtage of any crime, that it never is too late to retract ; and that if a man ſtops even here, it is better for him than if he proceeds : for which reaſons an attempt to rob, to raviſh, or to kill, is far leſs penal than the actual robbery, rape, or murder. But in the caſe of a treaſonable conſpiracy, the object whereof is the king's majeſty, the bare intention will deſerve the higheſt degree of ſeverity : not becauſe the intention is equivalent to the act itſelf ; but becauſe the greateſt rigour is no more than adequate to a treaſonable purpoſe of the heart, and there is no greater left to inflict upon the actual execution itſelf.
Again : the violence of paſſion, or temptation, may ſometimes alleviate a crime ; as theft, in caſe of hunger, is far more worthy of compaſſion, than when committed through avarice, or to ſupply one in luxurious exceſſes. To kill a man upon ſudden and violent reſentment is leſs penal, than upon cool deliberate malice. The age, education, and character of the offender ; the repetition (or otherwiſe) of the offence ; the time,
