Page:William Blackstone, Commentaries on the Laws of England (4th ed, 1770, vol IV).djvu/16

4 uch of the old penal laws as are either obolete or aburd ; and from too little care and attention in framing and paing new ones. The enacting of penalties, to which a whole nation hall be ubject, ought not to be left as a matter of indifference to the paions or interets of a few, who upon temporary motives may prefer or upport uch a bill ; but be calmly and maturely conidered by perons, who know what proviion the laws has already made to remedy the michief complained of, who can from experience foreee the probable conequences of thoe which are now propoed, and who will judge without paion or prejudice how adequate they are to the evil. It is never uual in the houe of peers even to read a private bill, which may affect the property of an individual, without firt referring it to ome of the learned judges, and hearing their report thereon. And urely equal precaution is neceary, when laws are to be etablihed, which may affect the property, the liberty, and perhaps even the lives, of thouands. Had uch a reference taken place, it is impoible that in the eighteenth century it could ever have been made a capital crime, to break down (however maliciouly) the mound of a fihpond, whereby any fih hall ecape ; or to cut down a cherry tree in an orchard. Were even a committee appointed but once in an hundred years to revie the criminal law, it could not have continued to this hour a felony without benefit of clergy, to be een for one month in the company of perons who call themelves, or are called, Egyptians.

is true, that thee outrageous penalties, being eldom or never inflicted, are hardly known to be law by the public : but that rather aggravates the michief, by laying a nare for the unwary. Yet they cannot but occur to the obervation of any one, who hath undertaken the tak of examining the great outlines of the Englih law, and tracing them up to their principles : and it is the duty of uch a one to hint them with Rh