PREFACE. In examining the opinions of different authors upon capital punishments, various questions present themselves to our consideration. 1. Upon what principle is the punishment of death inflicted? 2. Upon what authority is the punishment of death inflicted? 3. What are the effects of the punishment of death? 4. What are the sentiments of eminent men? 5. What are the laws of other countries? 6. Supposing the punishment of death to be expedient, for what offences ought it to be inflicted? 7. Supposing the punishment of death not to be expedient, can any, and what remedies, be suggested? We are informed by Lord Bacon, (a) that one of the great obstacles to the advancement of truth is, "the over-early and peremptory reduction of know"ledge into arts and methods: which once done, "sciences commonly receive small or no augmen"tation. For as young men, when they knit and "shape perfectly, do seldom grow to a farther "stature; so knowledge, while it is dispersed in " aphorisms and observations, may grow and shoot up; yet once inclosed and comprehended in " methods, it may, perchance, be farther polished "and illustrated and accommodated for use and "practice, but it increaseth no more in bulk and "substance. And another error of the same nature " is, an impatience of doubt, and an unadvised haste " to assertion, without due and mature suspension " of judgment; for the two ways of contemplation " are not unlike the two ways of action, commonly " spoken of by the ancients; of which one was a " plain and smooth way in the beginning, but in the " end impassable; the other rough and troublesome " in the entrance, but after a while fair and even; so " is it in contemplations; if a man will begin in "certainties, he shall end in doubts; but if he can " be content to begin with doubts, and have patience " a while, he shall end in certainties." Under the impression of these truths, no attempt (a) Advancement of Learning. is made to investigate the different questions contained in this volume. It has been selected at the request of a society, whose object is the diffusion of knowledge respecting the punishment of death and the improvement of prison-discipline, and is submitted to general perusal with the anxious hope of exciting enquiry, and of obtaining information upon these important subjects. (a) Some estimate of the general utility of such subordinate labors may be formed by a consideration of the following extract from the preface to Lord Coke's fourth Institute.-" As in a high and large building, he that beholds the same after it is finished and furnished, seeth not the carriages, scaffolding, and other invisible works of labour, industry, and skill in architecture; so he that looketh in a book full of variety of important matter, especially concerning sacred laws, after it is printed and fairly bound and polished, cannot see therein the carriage of the materials, the searching, finding out, perusing and digesting of authorities in law and other invisible works, tam laboris quam ingenii." The particular utility of researches respecting crime and punishment may be explained in the words of the same great man. In the epilogue to his third Institute, he says: "True it is, that we have found (a) See page 315. 1 1 T by woful experience, that it is not frequent and often punishment that doth prevent like offences, melior est enim Justitia vere præveniens, quam severe puniens, agreeing with the rule of the physician for the safety of the body, præstat cautela, quam medela: and it is a certain rule, that, videbis ea sæpe committi, quæ sæpe vindicantur; those offences are often committed, that are often punished: for the frequency of the punishment makes it so familiar, as it is not feared. For example, what a lamentable case is it to see so many Christian men and women strangled on that cursed tree of the gallows?-insomuch, as if in a large field a man might see together all the Christians that, but in one year, throughout England, come to that untimely and ignominious death, -if there were any spark of grace, or charity in him, it would make his heart to bleed for pity and compassion. A "But the consideration of this preventing justice were worthy of the wisdom of parliament; and in the mean time expert and wise men to make preparation for the same, as the text saith, ut benedicat eis Dominus. Blessed shall he be that layeth the first stone of the building, more blessed that proceeds in it, most of all that finisheth it, to the glory of God, and the honour of our King and nation." |