proper cognizance of their firft advances to guilt.

With refpect to punishments; in general, I have likewife endeavoured to fhew, that the apprehension of death is not a fufficient motive of terror; that the ftrongeft objects of dread to men of depraved minds, are poverty, labour and confinement; that these evils therefore, which they commit crimes to avoid, should be inflicted on them in proportion to their feveral degrees of delinquency; and that the example of fuffering guilt held up to the criminal, would have much better effect than the terror of immediate death; which, instead of being useful, is in most cases pernicious to fociety, and ought not to be inflicted but under particu kar circumstances.

However I may have fucceeded in fupporting those propofitions, I am moft firmly perfuaded that the establishment of more juft and moderate punishments, not only in capital, but in fubordinate offences, would be attended with the most falutary effects.

It was under this firm perfuafion that I have been led, in fome parts of the following Effay, to speak in a manner which may perhaps be thought rather too decifive, upon the impropriety of our present Code of Criminal Laws. I have, however, availed myself of the authority of very respectable authors, both ancient and modern, in fupport of the propofitions I mean to eftablish.

I prefumed that it would not be unfeafonable at this time to offer fome hints on the fubject of revifing and reforming this branch of our laws; as the House of Commons have already come to fome resolutions upon that head.

The present period, indeed, feems, from many concurring circumftances, to encourage this undertaking.

The general character of the age is ftrongly marked for its benevolence and moderation.

The

The fovereign on the throne exhibits a bright example to his people of those and Other virtues: May future ages, celebrate This reign as the æra when our Penal Laws were moderated, and more equal punishments inftituted.

There is, too, a peculiar turn for reformation in the prefent parliament, who have lately paffed two acts, making effential improvements in the law relating to elections and privilege of parliament.

Add to this, that the feats of judicature · were never filled with judges more able or more ready to give their affiftance to fo benevolent an undertaking.

As all are interested in the welfare of their fellow-fubjects, all therefore should co-operate in their different departments to effect the falutary purpose of moderating the injuftice and rigour of punishments, which deprive fociety of a citizen, instead of endeavouring to reclaim the guilty and repair the injured; and to procure fuch laws

to

to be framed, as may enforce the principles of moral justice and virtue, and, by the prudent correction of flight delinquencies, may prevent the commiffion of more enormous crimes, and make effectual provision for the peace and good order of fociety.

IN

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N order to treat of any fubject of science with method and perfpicuity, it is neceffary to define the meaning of the terms ufed in that science, with accuracy and precifion it will be proper, therefore, before the Criminal Law is taken under confideration, firft to afcertain the meaning of the general term Law.

CHAP.