Mr. burner on Crimes and Punijhments. 325 



for many crimes it muft be more than a fatis- 

 faction, and therefore worfe, that is, more detri- 

 mental to fociety, than the crime icfelf. The 

 laws of Draco, we are told, were made on a dif- 

 ferent principle : he conceived that the leaji offences 

 merited deaths and he could find no greater punifh- 

 ment for the higheft. But however thofe divines 

 may determine on this fubjeft, who contend, 

 that every fin i being an offence againft an inffnite beings 

 is deferving of an infinite and eternal punifomenty * 

 yet certainly no politician will admit this law- 

 giver's principle. And we need not wonder that 

 his dreadful code, emphatically, but properly 

 faid to have been written in blood, was not fuffered 

 to continue ^ong in force. 



But this evil is of ftill greater confequence, 

 as it leads to another of much more fatal ten- 

 dency. For, 



3. The too gre.-it feverity of punidTments hin^ 

 ders the execution of the la'-jos, efpecially of thofe 

 which hav^e for their objeft criines of a lefs atro- 

 cious nature. In this cafe, f either the party 

 injured is induced to negled a profecution, 

 rather than caufe the delinquents to be fo heavily 

 punifhed i or, if he brought to a trial, the jury 



* Is it not at leaft as plaufible to {^.y, that itvtry (In, be- 

 ing the aftion of a fnite being, may be corredled by, and 

 therefore is only deferving of, a finite and temporary 

 J3unijhment ? 



t Blackaone, B. IV. C. i.p. 19. 



Y 3 are 



