324 ^i"' 'T'urner on Crimes and Punijhments. 



are punidied equally, the highwayman will nat-i?- 

 rally argue with himfelf thus: " I (hall be liable 

 " to the fame punifliment whether I rob this man, 

 " or whether I rob and murder him too j but 

 *' if I rob him only, I leave an informer, who 

 " will endeavour to bring me to juftice; my 

 '< fafefh way, therefore, is to put an end to him 

 *' at once, and fo place an eflfetftual bar to all 

 *' information, at lead from that quarter." This 

 is the reafon which Judge Blackftone affigns, 

 though there may probably be others, why in 

 France they feldom rob but they murder aifo, 

 whereas in China, where murderers only are 

 cut to pieces, they often rob, but never mur- 

 der.* And he at the fame time anfwers the 

 queftion *' why does not this principle operate 

 " in England, as Vvell as in other countries ?" by 

 fhewing, that though the fame punifhment is 

 provided both for robbery and murder, yet the 

 robber has many chances of efcsping, while 

 the murderer is almoft fure of having his fen- 

 tence ftriftly executed : befides that a difference 

 is made, both in the expedition and folemnity of 

 the execution, and in the fubfequent difpofal 

 of the body. 



2. Again, if the fame punifliment muft ferve 

 for different crimes, and the highefl: punifliment 

 is an adequate fatisfadion for the higheft crime, 



* Comm. B. IV. C. i, p. 18. 



for 



