of thefts not capital, 179. Discretionary power of punishing
cruelly, ib.
James I. exempted the gentry from punishment of whipping, 110.
Japanese afraid of hardening their children by severity, ib. Go-
vernment severe, ib.
Jealousy of proposals for mild laws, 161. Innovations ought to be
viewed with, 248. Attorney-general views all attempts to alter
criminal law with, 279.
Jedburgh, table for 13 years of persons executed in, 382.
Johnson, Dr. 172.
Judea, laws of, 40.
Judges their power discretionary, 160.
Judges, juries, and prosecutors, detered by severity, 160.
Judges, become more severe from the exercise of authority, 213.
Different opinions of, as to discretion, 227. Cannot be unanimous
in their decisions without they were infallible, 254. Discretion
ought to be entrusted to, 262. Disapprove of any altera-
tion of the criminal law, 272. Are never blamed for not putting
sanguinary laws in practice, 273. Painful exercise of discretion
to, 243. If anxious for power ought not to possess it, 280. Opi-
nion of, as to reform, 281. Discretionary power in, contrary to
the statute, 322. Their painful duties, 324. Not intended by
the English law to have discretionary power, 322. Ought to
have discretionary power, 327. Their opinions not to control,
313. Their opinions not to influence legislators, 311. Doubts
whether they object to mitigation of capital punishments, ib.
Respect due to their opinions, 313.
Judges, juries, and witnesses not deterred from their duty by severe
laws, 277.
Judge, discretion in improper, 164. Death left to the infliction of,
284. Duty of, 326.
Judge, jury, and witnesses, partnership between, 320.
Jury, judges, and witnesses, partnership between, 320.
Jurors, unanimity of their verdict, 123. Challenge of, ib.
Juries, violation of their oaths, 147.
Juries and judges deterred by severity, 160.
Juries and prosecutors ought not to possess discretionary power, 215.
Juries, judges, and the king, averse to capital punishment, 275.
Juries, their violation of oaths, 215. Have no common rule or
standard for their decision, 231. Perjury of, 261.
Jury, trial by, depends on sanctity of oaths, 273.
Juries, prosecutors, and witnesses, have no objection to prosecute,287.
Juries, their improper lenity, 209.
Jurisprudence, authors on, have declared the English laws to be
sanguinary, 259.
Justice, preventive, 99. Preventive upon what it depends, 100.
Satisfaction of, erroneous opinions respecting, 226.
Key, stealing a, capital conviction for, 161.
King, act of parliament that he should not pardon murder, 109.
Judges and juries averse from capital punishment, 275.
King William, statute of, for privately stealing in a shop, 245.
Labour, an adequate substitute for the punishment of death, 18.
When proper punishment, 89. Punishment for privately
stealing approved of by ancient legislators, 175. Preferable to
the punishment of death, 185. Prevents crime, ib. A last-
ing example, ib. For life, substitute for the pains of death, 186.
None in Newgate, 192. And solitary confinement most dreaded
by criminals, 193.
Lamentation of Sir Henry Spelman as to punishment of death, 163.
Larceny, from dwelling seldom punished capitally, 309. In dwell-
ing, execution of law for, rare, 317.
Lauderdale, Lord, 325.
Law, of nature, 22. Of Porcia, 40. Ogulnian, 107.
Ogulnian, 107. Of Moses
may be mitigated by Christians, not increased, 115. Penal,
alterations in, from Beccaria, 146. Criminal, Mr. Wilber-
force's approbation of reforming, 151. Criminal, Mr. Pitt's
anxiety to ameliorate, ib. Preferable to equity, 160. Criminal,
state of, enquired into by committee many years since, 161.
Theory, and practice at variance, 218. In England, practice
of, at variance with the law, 231. English, uncertainty ought
not to be ascribed to, 257. Criminal, of England, requires to
be ameliorated, 259. Criminal, Sir S. Romilly accused of a
design to overturn, 265. And practice at variance, 273. In
general, pardons ought only to be exceptions to, not the law
itself, 275. Criminal, Attorney General views all attempts to
alter with jealousy, 279. Magistrates have not complained of
the severity of, 281. Criminal in England, framed to the tem-
per and manners of the nation, 282. Of England, opinion of
foreigners as to, ib. Criminal, speculative alterations not to be
imputed to proposers of reform in, 314. Execution of, for
larceny in dwelling, rare, 317. English judges not intended to
have discretionary power by, 322.
Laws of Tuscany, 8. Of Russia, ib. Of Egypt, 40. Of France,
Of Draco, ib. Of Solon, ib. Of Tuscany abolished pu
nishment of death, ib. Of Judea, ib. Of Rome, ib. Of Athens,
ib. Object of, 51. Ex post facto, 55. Notice of, ib. Of Eng-
land, sanguinary, 104. Ill made require new laws to amend
them, 105. And legislators, hatred of, occasioned by severity,
110. English, too gentle for various crimes, 11. Ex post
facto, 127. Mild proposals for, watched with jealousy, 161.
Penal, of the Duke of Tuscany, 184. Mild, suited to civilized
times, 186. Advantage of knowing, 228. Criminal, in Eng-
land undefined, notwithstanding their multiplicity, 235. Se-
verity of, increased, as the value of money has diminished, 244.
Severe, have produced perjury, 245. Severe, cry against in-
novation ought to be disregarded in reform of, 249. Of Eng-
land, authors on jurisprudence have declared to be sanguinary,
259. Sanguinary, judges never blamed for not putting in practice,
273. Severe, judges, juries, and witnesses, not deterred from
their duty by, 277. Sanguinary, act by prevention, 278. In
England, Mr. Pitt, convinced of the improper severity of, 285.
England written in blood, 307.
Leezé Majesté, crimes so called, abolished in Tuscany, 185.
Legislation, navigable river act, an unsuccessful experiment in,
371.
Legislator, public concurrence in England necessary to, 273.
Legislators and laws, hatred of, occasioned by severity, 110. Of
modern days, convinced of their own omniscience, 265.
Legislature ready to increase severity, 161. Violation of oaths
ought not to be permitted by, 260.
Lenity, of juries, 209. Of prosecutors, ib. Exercise of, 225.
Leycester, Mr. his speech on bill for privately stealing, 154, 160.
Liberty, of press, 61. Of the country endangered by Sir S. Ro-
milly's bill, 284. And cruelty, no sympathy between them,
Life, its importance, 17.
And death, magistrates ought not to
have the power of, 287. And death, non-attendance of mem-
bers on subjects of, 331.
Limited transportation objected to, 164.
Locke, his opinions, 21.
Lord Chancellor, 313, 325: Lord Lauderdale, 308. Lord Suf-
folk prevented from prosecuting by severity of law, 308.
Mably, his opinions, 9. His opinion that the punishment of death
cannot be totally abolished, 16, 24.
Magistrates have not complained of the severity of the law, 281.
Ought not to have the power of life and death, 288.
Manners and temper of the nation, criminal law in England framed
to, 282.
Master of the rolls, 272.
Master and servant, their domestic relation, a plea for making cer-
tain offences capital, 287.
Maxims, families and states to be governed by the same, 110.
Mercantile frauds, why distinguished from sharping, 55.
Mercy to the few, injustice to the many, 323. Prerogative of chang.
ed, 147. Prerogative of, exercised by judges and privy counsel-
lors, 148.
Members, non-attendance of on subjects of life and death, 331.
Mild laws, proposals for, watched with jealousy, 161. Suited to ci-
vilized times, 186.
Mild punishments, general opinion of community in favour of, 273.
Mildness, its efficacy, 103. Of punishments in Scotland, 124. Ad-
vocates of, mistaken men, 324.
Milder punishment more efficacious than severity, 273.
Mischief, where none intended, no punishment for, 53. When
outweighed, no punishment for, ib.
Miserable escape of a young woman in an open boat, 163.
Misery, its estimate of death, 32.
Mistaken men, advocates of mildness, 324.
Mistakes of those who censure Paley, 271. Of unenlightened times,
ought in these days to be reformed, 265. Of Philopatris Varvi-
censis, in supposing boys are executed, 169.
Mode of educating youth by Quakers, wise, 112. Of executions in
Rome, 180.
Modern legislators convinced of their own omniscience, 265.
Montesquieu, his opinion against severe laws, 9, 24.
Moses, laws of, may be mitigated by Christians, not increased, 115.
Moore, Dr. his opinion as to public executions in Rome, 180. Ac-,
count of the execution of a murderer in Rome, ib. His opinion
of executions in England, 183.
Morality favoured by parish education, 133.
Motion for compensation to acquitted persons, Sir Samuel Romilly's
153. For returns of numbers of convicts, 198. Of Sir Samuel
Romilly, Mr. W. Smith's defence of, 249. For return of com-
mitments in England and Wales, 328.
Motive of punishment, revenge, 25. For the execution of crimi-
nals, not the offences charged, 241.
Murder, opinion that the punishment of death ought to be confined
to it, 7. Punishable by death, according to Montesquieu, 9. To
be punished by death, 17. Punishable by death, 20. Punished
less severely than robbery, 45. Fines for, 65. Worst when com-
mitted by sword of justice, 101. Punishable by death by Mosaic
system, 104. Fines for, ib. Act of parliament that the king should
not pardon, 109. Committed by force, ib. Horror of, natural,
177. In Italy, occasioned by want of certainty of punishment,
178.
Murderers, how treated, 101. Few in England, 162. The first not
punished with death, 169. How treated in England, Germany,
and France, 177. In Italy, escape of, from hatred in the popu-
lace of the officers of justice, 178.
Mutilation, 95. Punishment by, 108. Of limbs, as a punishment,
abolished in Tuscany, 189.
Nature, law of, 22. Of benevolence when foolish, 65.
Navigable rivers, stealing on, 255. Bill, division in, 369. Act,
statement of numbers committed under, 370. Act, unsuccessful
experiment on, 371.
Necessity, only plea for punishment of death 34 to 36. Of certainty
of punishment, 214. For discretionary punishment for stealing
sheep, 315. For discretionary punishment for horse-stealing, ib.
Needless punishment, when, 61.
Newgate, convicts not to be reformed there, 191. Reform in, im-
possible, 325.
New laws required to amend ill-made laws, 105.
New colony, first convicts embarked, unfit persons for, 334.
Newport, Sir John, 258.
Nine capital offences in one bill, 161.
Non-attendance of members, on subjects of life and death, 331.
Number of capital crimes in England, 305.
Numbers committed under navigable river act, statement of, 370.
Oaths, violation of, by juries, 147. Violation of, ought not to be
permitted by the legislature, 260. Trial by jury depends on sanc-
tity of, 273. Witnesses and jurymen, their violation of, 280.
Object, of laws, 51. Of punishment, prevention, not revenge, 158.
Of law, prevention of crime, intimidation the means, 272.
Objects, of execution, 19. Of punishment, 32.
Objection, to punishment of death, irreparableness, 36.
Objections, to compensation to acquitted persons, Mr. Herbert's,
151. To innovation, Herbert's, ib. To limited transportation, 164.
Occasional clemency, criminals allured to the commission of crime
by, 244.
Offence, stealing in dwelling house, no one being therein, ought to
be capital, 278.
Offences, why not all made capital, if intimidation prevents crime
277. Banishment sufficient punishment for most, 108. Enquiry as
to punishment of, according to the bill of Sir Samuel Romilly, 273.
- Charged, criminals not executed for, but from other motives, 261.
Enormous, not considered crimes, 229.
Offenders, reformation of, 333.
Office, gentlemen in, who voted against the bill, 330.
Omniscience, modern legislators convinced of their own, 265.
Opinion, of community general in favour of mild punishments, 273.
Of judges, as to reform, 281. Of foreigners, as to English law,
282. Davenant's, on capital punishment, 106. On the inefficacy
of executions, by the Ordinary of Newgate, 187.
Opinions, of Mr. Roscoe, 1. Different, as to punishment of death,
7. Of Filangieri, 20. Of Locke, 21. Of Pastoret, 24. Of
Sir Edward Coke, 99. Burgh's, 101. Of Dr. Paley examin-
ed, 220. Of Dr. Curry, 129. Of Philopatris Varvicensis, on
penal law, 168. Of Herman Pistorius, 118. Sir W. Raleigh, 115.
Brown, 118. Erroneous, respecting satisfaction of justice, 226.
Of Paley, examined, 231, 232. Of judges, different, as to dis-
cretion, 227. Of Sir Samuel Romilly, his defence of, 254.
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