Page:William Blackstone, Commentaries on the Laws of England (4th ed, 1770, vol IV).djvu/28

16 the place, the company wherein it was committed ; all thee, and a thouand other incidents, may aggravate or extenuate the crime.

And, in the iland of Man, this rule was formerly carried o far, that to take away an hore or an ox was there no felony, but a trepas ; becaue of the difficulty in that little territory to conceal them or carry them off: but to teal a pig or a fowl, which is eaily done, was a capital midemenor, and the offender was punihed with death.

as a concluion to the whole, we may oberve that punihments of unreaonable everity, epecially when indicriminately inflicted, have les effect in preventing crimes, and amending the manners of a people, than uch as are more merciful in general, yet properly intermixed with due distinctions Rh