INDEX. A ABSURDITY of not repealing old penal laws, 10, 74. Abolition of capital punishments in all cases except treason and murder, 256. Acceleration of execution, proposal for, 3. Accusations in England, all public, 9. Adair, Serjeant, his opinion, 208. Alphabetical list of crimes punished by death in England, 82. Ambition, avarice, revenge, dictates of, adopted in forming criminal laws, 8. of the delinquent, 77. of criminal law, duty of legislature, 78. Amsterdam, executions in, 243. America, penal laws of, 255. different states of same offences differently punished, 257. Antient common law, too scrupulous au adherence to, 9. Antwerp, executions in, 247. torture in, ibid. Avarice, ambition, revenge, dictates of, adopted in forming criminal laws, 8 Arbitrary and uncertain penalties less inflicted in England than in other coun- Arson, 202. not capital in Pennsylvania, 273. Attempt to prevent prevalent offences by capital punishment, 2. Attention and care of the legislature ought to be equal to the importance of want of, in framing new penal laws, 9. Authority for inflicting the punishment of death, doubts of, 3, 5, 10, 20, 47, Augsburg, executions in, 241. BACON, Lord, his opinions, 61. Banishment, 221. B Beccaria, Montesquieu, &c. on the impolicy of the laws of their own country, Bentham, his opinions, 211. Bills, supported, and penalties enacted, by the interests and passions of a few, 9. Boerhave, his sentiments upon seeing a criminal, 2. Bradford, his pamphlet, 248. Burglary, its frequency in England, 96, 197. doubts whether it ought to be capital, 198. Burglary, different offences included under this word, 212. Brunswick, executions in, 243. C CAPITAL punishment, authority for inflicting, doubted by good men, 5. -, prevents detection, ibid. > not necessary, because efficacious, 14. necessary in all states, 184. ought not to be aggravated by torture, ibid. doubt if ever beneficial where pardons are allowed, 250, -, opposed by all the most respectable authors, 289. -, argues incapacity in legislators,-290. origin of, ibid. Capital offences in France before the revolution, list of, 89. Care and attention of the legislature ought to be equal to the importance of want of, in framing new penal laws, 9. Causes of pardons, 4. Caution requisite in framing criminal laws, 14. Certainty of punishment, necessity of, 78, 95, 97, 116, 117, its nature and advantages. 147. for every offence unattainable, ibid. how procured, 154. depends upon the approbation of the laws, 220. -, prevents crime, 251. its importance, 252, 281, 287. Character, general opinion that evidence should be received of, 73. Christianity, spirit of, to reform and to advance kindness, 46, 47. punishment of death inconsistent with, 60. Christians, doubts whether they ought to punish capitally, 121, China, laws of, 16. -punishment in, 44. Clarkson, Mr. his opinions, 45. Clergy, benefit of, extended to persons who cannot read, 81. and in other states, ibid. Colquhoun, Dr. his opinions, 70. Common law antient, too scrupulous an adherence to, 9. Committee to revise laws once a century, 10. Complication of English penal laws, 199. Continuance of barbarous laws, caused by negligence of legislators, 248. by severe laws, 39. Corporal punishment not allowed in Philadelphia prison, 50. -pains, substitution of, for capital punishments, 188. to humanity and the rights of mankind, ibid, may be modified, according to necessities of state, ibid. portance, ibid. particulars wanting revision and amendment, 9. in every country of Europe more rude and imperfect than civil law, ibid. Criminal law in England, state of, 105. prosecutions, motives for, 128. jurisprudence, progress of this science, ibid. Criminal, state of his mind when violating the law, 149. -, frequency of, rarely prevented by capital punishment, 5. -, frequency of, in England, 72. mode of estimating its enormity, 33, 76, 80. occasioned by hope of mercy, ibid. against nature, 264. Crimes more accurately defined in England than in other countries, 9. -- and punishments, proportion between, 15. more effectually prevented by certainty, than severity, 18. punishable by death, ought to be clearly defined, 162. punishable by death in England, 82. diminished by one half, since the mitigation of severity in America, 52, Crown law in England more perfect than in other countries, 8. Cruelty and cowardice, inseparable, 197. DAMIEN, 194. D Death, the greatest of all punishments known to man, 4, 250. fear of, its force and effect, 22, 93. infliction of, supposes a new crime, 23. -, punishment of, its effect upon accomplices, 4, 5. ought to be in private, 33. for example, 105. as prevention, 225. its importance manifest in criminal courts, 250. -, proposal to throw murderers into a den of wild beasts, 33. Denmark, executions in, 245. laws of, 174, 252. Decemviri, laws of, 15. Desertion, 37, 251. Delinquents in England judged by their equals, and personally unexceptionable Detection, prevented by capital punishment, 5. 6. of early crimes, its importance, ibid. Difficulty of prevention, not a sufficient justification for punishing capitally, 14. Doubts of the authority for inflicting capital punishments. 3. Duty of individuals to point out evils, 10. Draco, his laws, 47, 79, 119, 120, 127, 130. E EDEN, his opinions, 179. Education, its importance, 54, 80, 156, 253. Efficacy of severity, opinion of, 3. lasting, given to sanctions which ought to have been temporary, 8. England, crown law more perfect than in other countries, 9. all accusations public, and trials in the face of the world, ibid. to them. ibid. English law, severity of, 17. -, severe, and crimes numerous, 251. Englishmen daily offend against laws, 174. Enacting of penalties which affect the whole, ought not to be left to a few, 9. Erasmus, his opinion, 59. Estimate of malignity of offence, 3. Europe, modern laws of, 251. Evils of mitigation of sentences, 4. Example, 77. what punishments best for, 78. -, punishment considered as, 276. Execution, proposal for accelerating, 3. excites compassion and indignation, 22. its effect on the multitude, ibid. " number of, in England, 104. number of, in England, shocking to humanity, ibid. of Ann Hurle, and M. Spalding, 210. -, places of, deserted, 284. Executioner despised, 25. - detested, 284. Executive Justice, thoughts on, 95. Exile, 31. 9. Experience of past times, shews the inefficacy of capital punishment, 3. Expense of prosecution should be defrayed by the public, 77. F FEELINGS in favor of all but murderers, 4. Fear and hope, their effects, 18. -of death, its force and effect, 22, 23. Fine, 49. Florence, executions in, 246. Forgery, 12, 34, 47, 200, 150. of negotiable securities, 35. of securities not negotiable, ibid. multiplicity of English laws relating to, 202. France, laws of, 16. certainty of laws in, 97. capital offences in, list of before the revolution, 89. Frankfort, executions in, 244. French ideas of frequency of burglaries in England, 96. not sufficient reason for punishing with death, 14. prevents detection, ibid. G GAMING, punishable by death in Japan, 40. Goldsmith, Dr. his opinions, 165. Grand juries, cautions to be observed by, 126. HANGING in chains, 2, 189. Hale, Sir Matthew, his sentiments, 13. H Hard labour, 78, 146, 176, 254, 280, 294. Hanover, torture in, 241. High treason, 8, 9, 194, 195, 252. Hope that juries will acquit, from severity of the punishment, 87. of avoiding detection, ibid. of tampering with evidence, ibid. of mercy from same cause, ibid. Howard, 228. Holland, executions in, 240. Horse stealing is not punished with death in some states in America, 257. IDLENESS, parent of crime, 177. Ignominy, power of, 280. Imprisonment, 23, 49, 198, 249. I Improvements in the criminal law of England, 81, 82. Impropriety of discontinuring pardons in England, 150. of aggravating the punishment of death, 197. Importance of criminal law ought to be equalled by care and attention in the Impunity of criminals causes crime, 38, 252. evils of, 182. Inattention in making offences, capital in England, 74. Increase of punishment, proposal for, 3. -of rapine, notwithstanding severe penalty, ibid. of violence notwithstanding severe penalty, ibid. Inefficacy of capital punishment from the experience of past times, ibid. tally, 14. Inconsistency of penal laws of England, 132, 133. Indian law, 251. Infamy ought to be the heaviest part of punishment, 38. Inhumanity and mistaken policy of the laws of other nations pointed out by Montesquieu, Beccaria, &c. 9. Innovation, caution with which it should proceed, 256. Innocence, upon what principle punishable, 138. Insufficiency of the present laws of England, 72. Insults to men on the scaffold, 185. Interests and passions of a few, enact penalties which affect the whole, 9. J JAPAN, laws of, produce contempt for death, 40, 139. punish all crimes with death, 40. mildness of their education, 40. |