[2] Blackstone's Commentaries.
[3] Can that be thought a correct System of Jurisprudence, which inflicts the penalty of Death, for breaking down the mound of a fish-pond, whereby the fish may escape; or cutting down a fruit-tree in a garden or orchard; or stealing a handkerchief, or any trifle, privately from a person's pocket, above the value of 12d;—while a number of other crimes of much greater enormity, are only punished with Transportation and Imprisonment; and while the punishment of murder itself is, and can be, only Death; with a few circumstances of additional ignominy?
[4] See the "Report from the Committee of the House of Commons on Temporary Laws;" May 13, 1796—and also the "Report from the Committee for promulgation of the Statutes," December 5, 1796; and the "Resolutions of a Committee of the whole House," March 20, 1797.
[5] Blackstone.
[6] It is said the same construction of the Law has been made with respect to the Offence of buying or receiving Horses, knowing them to be stolen.
[7] The partial remedy applied to some of these evils by Statutes passed since the former Edition of this Work, shall be noticed in a [subsequent Chapter] dedicated to the subject of Coinage.
[8] No hardship can be so great as that of subjecting an individual, under any circumstance whatsoever, to the expence of a public prosecution, carried on in behalf of the King: Besides adding, almost on every occasion, to the loss of the parties, it is productive of infinite mischief, in defeating the ends of Justice.
[9] Beccaria, or Crimes and Punishments, Cap. 6.
[10] He lived 624 years before the Christian æra.
[11] It has been thought necessary, by the Legislature, to explain and enlarge these clauses of the Act 25 Ed. III. as not extending, with sufficient explicitness, to modern treasonable attempts. It is therefore provided by the Act 36 Geo. III. cap. 7, "That if any person (during the life of his present Majesty, and until the end of the Session of Parliament next after a demise of the Crown) shall within the realm, or without, compass, imagine, invent, devise, or intend death or destruction, or any bodily harm, tending to death or destruction, maim, or wounding, imprisonment, or restraint of the person of the King, his heirs, and successors, or to deprive or depose him or them from his stile, honour, or Kingly name; or to levy war against the King within this Realm, in order by force to compel him to change his measures; or in order to put any force or constraint upon, or to intimidate or overawe, both houses, or either house, of parliament; or to incite any foreigner to invade the dominions of the Crown: and such compassings, &c., shall express, utter, or declare, by publishing any printing, or writing, or by any other overt act or deed"—the offender shall be deemed a Traitor, and punished accordingly.