person doomed to die,) for the interference of Royal mercy, by pardons (a). THE next stated in the class of evils is, that which arises from the laws as they now stand, relative to punishments.—Their extreme severity, in rendering such a multitude of crimes capital, which juries can never be made to believe are of that nature, in point of actual atrocity, has proved a very serious misfortune to the country, in the administration of criminal justice.— Because the punishment is too severe, it frequently happens that the delinquent is sent back upon society, encouraged to renew his depredations upon the public by his having escaped (although guilty) without any chastisement at all. It is unquestionably true, and little doubt will be entertained by any who attentively examine this work, that the dread of severe punishment, in the manner the law is executed at present, has not the least effect in deterring hardened offenders from the commission of crimes. An opinion seems to have been formed, that crimes were to be prevented by the severity of the punishment. That this opinion has been erroneous seems to be proved by incontestible evidence, adduced in various parts of this work; and elucidated by a variety of reasoning, which it is hoped cannot fail to bring conviction to the mind of every reader, who will bestow time in the investigation of a subject of so much importance to society (b). (a) Chap. xvi. p. 448 to 450. (b) Chap. xx. p. 615 to 616. PASTORET. PUBLISHED IN THE YEAR, 1790. (Chap. xxi. Vol. 2.) A LIST OF CAPITAL OFFENCES IN FRANCE, IN THE YEAR, 1790. BEHOLD a list of the crimes punishable by death, and even this does not comprehend the whole. 1. Enormous blasphemy. 2. Composing works against religion. 3. Or causing them to be written. 4. Or printing them. 5. Sacrilege joined to superstition and impiety. 7. Pulling down or destroying crosses and images. 9. Heretics assembling with arms. 10. Heretical preaching. 11. Witchcraft and magic. 12. Regicide. 13. Outrage against the persons of the king's children. 14. Leagues and associations. 15. Enlisting Soldiers unlawfully. 16. Plots. 17. Not disclosing a plot. 18. To parley with an enemy, without the consent of the commanders of the army. 19. Omitting to inform the commanders of a letter or message received from a prince, or nobleman belonging to the enemy. 20. To levy troops without permission from the king. 21. Unlicensed assemblies under any pretence whatever. 22. To wear armour, carry arms, arquebuses, &c. not being ordered into garrison, or on the king's service. 23. Screening or favoring those who have carried arms unlawfully. 24. Desertion. 25. Collecting arms for horse or foot soldiers. 26. Buying without permission, more powder, shot or matches, than is wanted for the necessary defence of one's house. 27. Casting ordnance, or having it in possession without leave. 28. To fortify castles, or to seize on those already fortified. 29. Counterfeiting the current coin. 30. Circulating counterfeit coin, or introducing it into the kingdom. 31. Clipping of coin. 32. Buying the clippings 33. Coiners delivering Coin below the standard; too light, or imperfect in other respects. 34. Receivers and paymasters, who knowingly distribute counterfeit money. 35. Bankers who fail to cut in the presence of the seller, the picces of gold and silver coin which they have bought. 36. To carry more gold or silver out of the kingdom, than is necessary for the voyage. 37. Foreigners, or even natives, who deal in coin at a price above its value, if they buy it to export, or for the use of forgers. 38. Locksmiths, blacksmiths, and other workers in iron, who shall have made utensils or tools for coining, even when the intention is unknown to them. 39. Those who shall have engraved dies, and other instru ments used in the fabrication of specie, without permission of the officers of the mint. 40. Carriers who knowingly convey the instruments used in coining, without informing the solicitors-general or surveyors. 41. Clerks of the general and particular receivers offices, having the managemeut of public affairs, who embez zle more than three thousand livres. 42. Treasurers, receivers and other overseers, embezzling the public money. 43. Extortion, under certain circumstances. 44. To abuse and insult magistrates, officers, door-keepers or bailiffs in the execution of justice. 45. Receiving or concealing a person condemned to death. 46. Breaking prison, in certain cases. 47. Wilful murder. 48. To associate with murderers, under any pretence what ever. 49. The plotting to kill, injure or abuse any one, although it be not carried into effect. 50. Highway robbery. 51. Theft with burglary. 52. House breaking. 53. Theft in the king's palaces, without any regard to the value of the goods stolen. 54. Robbery in the Banks. 55. Robbers of a church and their accomplices, according to the exigence of the case. 56. Those who associate with thieves. 57. Those who conceal or teceive stolen goods, when the theft deserves death.. 58. Nightly robbery with arms. 59. Sometimes nightly robbery with ladders. 60. Robbery by pick-locks. 61. The crime of improperly detaining a person according to circumstances. 62. A galley slave mutilating himself. 63. Taking poison whether it prove mortal or not. 64. To make or distribute poisonous compositions. 65. To know that they have been asked for or given, and not to inform the solicitor general, or his deputy, according to circumstances and the exigences of the case. 66. Duelling.. 67. Arson. 68. Parricide. 69. Incest in a direct line. 70. Incest, by ecclesiastical law. 71. Rape. 72. Forcible abduction. 73. Seduction, according to circumstancos. 74. Confining young women by means of Letres de catchet, in order to marry or cause them to be married without consent of parents or guardians. 75. Noblemen who force their subjects, or others, to give their daughters or wards in marriage. 76. Concealment of pregnancy. 77. Procuring abortion. 78. Unnatural crime. N 79. A person taking the law into his own hands. 80. Fraudulent bankruptcy. 81. Monopoly of corn. 82. Breach of public trust. .83. Forging letters and seals of chancery. 84. Forging the signature of secretaries of state. 85. Counterfeiting, forging, or altering edicts, royal records, or other royal or public papers. 86. Counterfeiting, or altering papers relating to receivers treasurers, &c. royal or public. 87. Farmers of the revenue of whatever condition, who forge receipts, discharges, accounts, and inventories. 88. Forging a duplicate of a deed. 89. To cast, copy, or counterfeit the marks of the towns, in which there is a magistrate, or of the revenue of farmers. 90. Applying the counter mark in any manner to gold, or silver goods, which have not been taken to be assayed, and marked at the public office. 91. Bearing false witness, which shall endanger the life of the accused. 92. Smuggling tobacco, printed clothes, &c. by five or more armed persons in company. 93. Officers holding correspondence with smugglers. 94. Smugglers forcing doors, and guard houses of revenue officers. 95. Revenue officers convicted of having been unlicenced salt merchants, or of having participated in the trade. 96. Dealing in salt by the officers of the warehouses or depots. 97. Smuggling salt by five armed persons in companý. 98. To print, sell, or circulate books, or new compositions, without permission granted in the manner prescribed. 99. The master convicted of having delivered up his ship to the enemy. 100. The master convicted of having maliciously wrecked or destroyed his vessel. 101. Mariners or passengers in vessels who cause any diffi culty in the exercise of the catholic religion. 102. A ship writer who makes false entries in his register. 103. A pilot who maliciously causes the destruction of a ves sel. 104. A coast pilot guilty of the same crime. 105. Wasting a ship's liquors, or destroying bread by sea men or others. 106. Causing a leak in a ship. 107. To excite sedition, in order to frustrate the voyage. 108. Striking the master under arms. |