Page:William Blackstone, Commentaries on the Laws of England (4th ed, 1770, vol IV).djvu/409

Ch. 32. cannot legally tir one tep; and yet that the execution of a man, the mot important and terrible tak of any, hould depend upon a marginal note.

heriff, upon receipt of his warrant, is to do execution within a convenient time; which in the country is alo left at large. In London indeed a more olemn and becoming exactnes is ued, both as to the warrant of execution, and the time of executing thereof: for the recorder, after reporting to the king in peron the cae of the everal prioners, and receiving his royal pleaure, that the law mut take it's coure, iues his warrant to the heriffs; directing them to do execution on the day and at the place aigned. And, in the court of king's bench, if the prioner be tried at the bar, or brought there by habeas corpus, a rule is made for his execution; either pecifying the time and place, or leaving it to the dicretion of the heriff. And, throughout the kingdom, by tatute 25 Geo. II. c. 37. it is enacted that, in cafe of murder, the judge hall in his entence direct: execution to be performed on the next day but one after entence paed. But, otherwie, the time and place of execution are by law no part of the judgment. It has been well oberved, that it is of great importance, that the punihment hould follow the crime as early as poible; that the propect of gratification or advantage, which tempts a man to commit the crime, hould intantly awake the attendant idea of punihment. Delay of execution erves only to eparate thee ideas; and then the execution itelf affects the minds of the pectators rather as a terrible fight, than as the neceary conequence of tranfgreion.

heriff cannot alter the manner of the execution by ubtituting one death for another, without being guilty of felony himelf, as has been formerly aid. It is held alo by ir

f See appendix, §. 4. g St. Trials. VI. 332. Fot. 43. h See appendix, §. 3. i See pag. 202. k So held by the twelve judges, Mich. 10 Geo. III. l Beccar. ch. 19. m See pag. 179. Rh