[12] King of the West Saxons, anno 688.
[13] That acute Reasoner, the Marquis Beccaria, who wrote after Montesquieu, holds this last opinion.—"A punishment, (says this able writer) to be just should have only that degree of severity which is sufficient to deter others: perpetual labour will have this effect more than the punishment of death."
Becc. chap. 28.
[14] Beccaria. See ante [page 45].
[15] In cases where a criminal appears to be remarkably depraved, and that the apprehensions he may excite require such precautions, he shall be branded on each cheek with the mark of a gallows, so visibly and strongly impressed as not to be effaced either by time or any other means whatever.
[16] This punishment is different from the pillory in England. In the German Language it signifies an exposure on the public theatre of shame. The Criminal is chained and guarded on an elevated scaffold, and exposed an hour at a time, with a paper on his breast denoting his offence.
[17] When a criminal is condemned to severe imprisonment, he has no bed but the floor, no nourishment but bread and water, and all communication with relations, or even strangers, is refused him. When condemned to milder imprisonment, better nourishment is allowed; but he has nothing to drink but water.
[18] Corporal punishment is inflicted with a whip, rod, or stick, publicly, on the criminal; the degree of punishment (within 100 lashes or strokes at one time) depends on the sound prudence of the Judge.
[19] The punishment of the Chain is inflicted in the following manner. The criminal suffers severe imprisonment, and is so closely chained, that he has no more liberty than serves for the indispensable motion of his body.—Chained criminals suffer a corporal punishment once a year, as an example to the Public.
[20] The punishment of death is not authorized by any right.—If it were so, how could it be reconciled to the maxim, that a man has no right to kill himself?