Page:William Blackstone, Commentaries on the Laws of England (4th ed, 1770, vol IV).djvu/27

Ch. 1. quantity of punihments for crimes, by any one uniform rule ; but they mut be referred to the will and dicretion of the legilative power : yet there are ome general principles, drawn from the nature and circumtances of the crime, that may be of ome aitance in allotting it an adequate punihment.

As, firt, with regard to the object of it : for the greater and more exalted the object of an injury is, the more care hould be taken to prevent that injury, and of coure under this aggravation the punihment mould be more evere. Therefore treaon in conpiring the king's death is by the Englih law punihed with greater rigour than even actually killing any private ubject. And yet, generally, a deign to trangres is not o flagrant an enormity, as the actual completion of that deign. For evil, the nearer we approach it, is the more diagreeable and hocking ; o that it requires more obtinacy in wickednes to perpetrate an unlawful action, than barely to entertain the thought of it : and it is an encouragement to repentance and remore, even till the lat tage of any crime, that it never is too late to retract ; and that if a man tops even here, it is better for him than if he proceeds : for which reaons an attempt to rob, to ravih, or to kill, is far les penal than the actual robbery, rape, or murder. But in the cae of a treaonable conpiracy, the object whereof is the king's majety, the bare intention will deerve the highet degree of everity : not becaue the intention is equivalent to the act itelf ; but becaue the greatet rigour is no more than adequate to a treaonable purpoe of the heart, and there is no greater left to inflict upon the actual execution itelf.

To kill a man upon udden and violent reentment is les penal, than upon cool deliberate malice. The age, education, and character of the offender ; the repetition (or otherwie) of the offence ; the time, Rh