Page:William Blackstone, Commentaries on the Laws of England (4th ed, 1770, vol IV).djvu/23

Ch. 1. uch a law to the dictates of concience and humanity. To hed the blood of our fellow creature is a matter that requires the greatet deliberation, and the fullet conviction of our own authority : for life is the immediate gift of God to man ; which neither he can reign, nor can it be taken from him, unles by the command or permiion of him who gave it ; either exprely revealed, or collected from the laws of nature or ociety by clear and indiputable demontration.

not be undertood to deny the right of the legilature in any country to inforce it's own laws by the death of the trangreor, though perons of ome abilities have doubted it ; but only to ugget a few hints for the conideration of uch as are, or may hereafter become, legilators. When a quetion aries, whether death may be lawfully inflicted for this or that trangreion, the widom of the laws mut decide it : and to this public judgment or deciion all private judgments mut ubmit ; ele there is an end of the firt principle of all ociety and government. The guilt of blood, if any, mut lie at their doors, who miinterpret the extent of their warrant ; and not at the doors of the ubject, who is bound to receive the interpretations, that are given by the overeign power.

to the end, or final caue of human punihments. This is not by way of atonement or expiation for the crime committed ; for that mut be left to the jut determination of the upreme being : but as a precaution againt future offences of the ame kind. This is effected three ways : either by the amendment of the offender himelf ; for which purpoe all corporal punihments, fines, and temporary exile or imprionment are inflicted : or, by deterring others by the dread of his example from offending in the like way, “ ut poena (as Tully exprees it) ad paucos, metus ad omnes perveniat ;” which gives rie to all ignominious punihments, and to uch executions of jutice as are open and public : or, latly, by depriving Rh