H

HANGING in chains, 2, 191.

Hale, Sir Matthew, his sentiments, 12.

Hard labour, 76, 144, 177, 258, 28€, 301.

Hanover, torture in, 244.

High treason, 8, 9, 197, 198, 256.

Hope that juries will acquit from severity of the punishment, 85.

of avoiding detection, ibid.

of tampering with evidence, ibid.

of mercy from same cause, 86.
occasions crime, 113.

Howard, 233.

Holland, executions in, 243.

Horse stealing is not punished with death in some states in America, 261.
Humanity and the rights of mankind, criminal law should be conformable to,
Human sacrifices, 26.

IDLENESS, parent of crime, 178.

Ignominy, power of, 286.

Imprisonment, 23, 48, 202, 253.

I

Improvements in the criminal law of England, 79, 80.

Impropriety of discontinuing pardons in England, 149.

of aggravating the punishment of death, 200.

Importance of criminal law ought to be equalled by care and attention in the
legislature, 8.

Impunity of criminals causes crime, 37, 256.

evils of, 182.

Inattention in making offences capital in England, 73.

Increase of punishment, proposal for, 3.

of rapine notwithstanding severe penalty, ibid.

of violence notwithstanding severe penalty, ibid.

Inefficacy of capital punishment from the experience of past times, ibid.
of former punishments not a sufficient justification for punishing capi-

tally, 13.

Infamy ought to be the heaviest part of punishment, 37.

Inhumanity and mistaken policy of the laws of other nations pointed out by

Montesquieu, Beccaria, &c. 9.

Innovation, caution with which it should proceed, 260.

Innocence, upon what principle punishable, 136.

Insufficiency of the present laws of England, 71.

Insults to men on the scaffold, 187.

Interests and passions of a few, enact penalties which effect the whole, 9,

J

JAPAN, laws of, produce contempt for death, 39, 137.

punish all crimes with death, 39.

mildness of their education, 40.

produce cruelty, 41.

Jewish law respecting punishment of death, 118.

Judge ought not to have discretionary power to punish capitally, 178.

contrast between him and the condemned prisoner, 26.

-, improper lenity of, 7, 100, 116.

on circuits, 105.

2

his

power to reprieve, 159.

Justice and truth, criminal law should be conformable to, 8.

Justices of peace, their power of doing good, 157.

Juries, their lenity when laws are severe, 153.

LABOUR, 48, 55, 56.

L

Larceny from house capital in England, 202.

, in what cases capital in England, ibid.

Laws, criminal, in every country of Europe, more imperfect than civil law,
dormant, evil of, 10.

made on a sudden, evils of, 7, 8, 36, 73.

enacted for a temporary purpose, should not be permanent, 8, 207.

in the first concoction, want of attention to principles, 8.

penal, new ones, want of care and attention in framing, 9.
of punishment, 19.

of Japan, 39.

Lawyers, English, their commendation of existing laws, 52.
Lawyer, his mode of conisdering proposals for improvements, 53
mode in which it was treated two centuries ago, 53, 58.
Leeuwarden, executions in, 244.

Legislature, in England, confides in the judges, 123.

doubts of the propriety of this, 123, 124.

Lenity, its beneficial effects, 7.

---, improper, 112, 113.

Lies, punishable in Japan by death, 39.

List of crimes punishable by death in England, 80.

of capital offences in France before the revolution, 87.

Love of power, cause of punishment of death, 1.

of superiority, cause of punishment of death, 1.

Lysander, his decree, 98.

M

MALIGNITY of an offence, how estimated, 3.

Mala prohibita, et mala in se, 1.

Man executed for not being able to read, 211.

9

Men naturally cruel, 183.

Means disproportionate to the end hastily employed to check prevalent offences,9.
Mercier, 175.

Mildness of punishments, 18, 208.

as efficacious as severity, 36.

Mitigation of sentences, evils of, 4.

of punishment should advance with knowledge, 256.

Mistaken policy and inhumanity of the local constitutions of other nations point-
ed out by Montesquieu, Beccaria, &c. 9.

More, Sir Thomas, seems to be the first author in favour of lenity, 7, 51.
Montesquieu, Beccaria, &c. on the impolicy and inhumanity of the laws of their
own country, 9, 35.

Mosaical law, 54.

as to punishment of murders, 192.

for punishing theft, 161.

Motives, temporary, induce persons to enact penalties, 9.

Modes of preventing crime, 40.

obtaining acquittal in England. 71.

Murderers have not the feelings of the public in their favour, 4.

NATIONS affected by penalties enacted by the interests and passions of a
few, 9.

Natural sentiments respecting punishment of death, 225.
Necessities of state, criminal law may be modified to, 8.
Negligence of legislators respecting punishment of death, 252.
New penal laws, want of care and attention in framing, 9.
Not repealing old penal laws, absurdity of, 9.

Number of offences capitally punished in England, 17, 46, 71, 130.
of convicts in England, 171.

Nundcomar, execution of, 63.

OATH of jurymen, 107.

Obsolete laws in England, 173.

should be repealed, 61, 73, 123, 150, 183, 207.

Objection to pardons, 3.

Objects of punishment, 253.

Observation of a prelate upon seeing an offender going to be executed, 289.
--, upon thoughts on executive justice, 125.

Offence, malignity of, how estimated, 3.

punishable by death in England, 205.

Old penal laws, absurdity of not repealing, 8.

Opinion of the efficacy of severity, 3.

that the multitude of penal laws in England is beneficial, 174.
Origin of capital punishments, 162, 229.

PAIN, continuance of, effects, 22.

9 intenseness, effects, 22.

Paley Dr. his sentiments, 27.

P

Passions and interests of a few, enact penalties, which affect the whole, 9.
Past times, experience of, shews the inefficacy of capital punishment, 3.
Pastoret, 87.

Parliamentary revision of our penal law, 73.

Pardon, 3, 4, 44, 104, 147, 270.

-, occasions crime, 113.

--, origin of, 232.

-, nature of, 232.

in England, approved by the legislature, 151.

Pardoned, number, 85.

Penal law, evils of,

Penal law, present time, 70.

--, old, absurdity of not repealing, 9.

--, new, want of care and attention in framing, 9.

Penalties, enacting of, ought to be considered without passion or prejudice, 9.
probable consequences ought to be foreseen, and how far adequate
to the evil, 9.

affecting the whole, ought not to be left to a few,

Penitentiary houses, necessity for, 75, 145, 170.

in Pennsylvania, 277.

Pennsylvania, excellent laws of, 47, 48, 264.

Persons induced by temporary motives to enact penalties, 9.
number of, acquitted in England every year, 84.

condemned to die in England every year, 85.

9.

Permanent, uniform, and universal principles, criminal law should be founded

upon, 8.

Pity excited by severity, 4.

Plato, 92.

Political regulations established by factions improperly retained, 8.
Police, good advantages of, 68, 159.

Portian law, 15, 72, 186.

Power, love of, cause of punishment of death, 1.

of legislators to punish capitally, 10.

Prisons, scenes ef profaneness, 165, 227.

committee for alleviating miseries of, 48.
in Philadelphia, ibid.

their bad effects, 300, 301.

Principles upon which criminal law should be founded, 8, 181.

--> of capital punishment, that the people belong to the prince, 39.

Private wrong merged in public, origin of this opinion, 278.

stealing ought not to be punished by death, 201.

Pride, its effect or punishment, 2.

Proportion between crime and punishment, 2, 3, 4, 5, 9, 15, 18, 19, 38, 42, 55,
74, 76, 78, 125, 141, 171, 180, 196, 203, 212, 217, 230, 256, 260, 286,
291, 300.

Proposal to increase punishment, 3.

for acceleration of execution, ibid.

Prosecutions should be facilitated in every mode, 76.

Punishments, public, choice of, 219.

---, objects of, 75.

should not offend established prejudices, 224.
increase of, proposal for, 3.

--, unpopular, if badly chosen, 225.

Punishment of death in England, 30.

, causes of its frequency,

much liberty, 30, 31.

, great cities, ibid.

QUAKER legislators would abolish capital punishment, 47.
endeavour to reform offenders, 44.

by religious instruction, 45.

by patient attention, ibid

R

Rapine, increase of, notwithstanding severe punishment, 3.

Rape, not capital in Pennsylvania, 276.

Ravaillac, executions of, 197.

Reading, being able to, a reason for not being punished capitally, 79.
Reasoning in favour of capital punishments may be urged in defence of

torture, 140.

Rebellion, its enormity, 74.

Reformation destroyed by public punishment, 281.

1. by being connected with infamy, 281.

2. by being of short duration, ibid

3. by increasing propensity to crime, ibid.

of offenders, 258.

of criminal, 142, 145, 258, 278.

of English penal law, necessary, 209.

on robbers and burglars, its difficulty, 31, 269.
duty of legislators, 169.

Reform, objections to, 62-3.

opposition to, 27.

Religious instruction neglected in prisons, 45.

Remedies for punishment of death. 55.

Reparation by criminals to society, 5, 76.

to the public, part of punishment, 76.

Repentance of criminals, 1, 5.

Report of the house of commons on temporary law, 73.

Resentment, 229.

Retribution, 75.

Revision of our laws, necessity for, 9, 73, 126, 132, 157, 209, 303.

of laws, custom in Athens, 61.

Revenge, ambition, avarice, dictates of, adopted in forming criminal laws, S

-, not a motive for punishment, 181, 252.

-, impropriety of legislature sanctioning it, 135.

Rights of inflicting capital punishment, doubts of, 3.

Riots, of, 74.

Roman law, 21, 42, 55, 178, 255.

~, as to the dead body of a murderer, 191.

Rome, executions in, 250.