27 Jan 1809.

Evid. Prosp. View 3

The A lot of punishment The circumstances by on

which the propriety or impropriety of a lot of punishment depends 5 Occasions for capital punishment being thus inexpressible whenever inflicted no reason for its infliction can ever be assigned

capable of being perceived, and yet incapable of being expressed!

propriety of punishment depending depends upon circumstances

altogether indescribable and inexpressible,or what is as bad, capable of

being on each individual occasion, expressed and described after the act has been committed, but not

before: - expressed —

always for the purpose of destruction, never

for the purpose of warning!

Under the rules which the Reverend

Doctor has provided for his guidance, suppose

a lot of punishment to have been administered by by the earthly

God of D r Paley's and Doctor Blackstone's idolatry. A curiosity

is conceived by a pupil of this school - a

presumptuous curiosity indeed - but not yet too presumptuous

to be conceived - a curiosity to know whether the

exercise thus made performed if the power of punishment

was proper or improper. This curiosity could it on

the principles of the Reverend Doctor ever possess the smallest

chance of obtaining satisfaction? Impossible: Not it indeed: the circumstances

in which the propriety depends were it is true

capable of being perceived, and were perceived accordingly,:

the propriety of it is therefore not of above dispute superior to all: but

as to the being enumerated or defined, or at least understand enumerated

and defined beforehand — at any rate with that

exactness which is requisite in legal discussion — is

in other words to be expressed with any sufficient exactness - is what it is not in the nature of such circumstances

to be susceptible of.

Incapable of being enumerated or defined beforehand: and

yet according to the admission insinuated, thus , not incapable of being

enumerated or defined afterwards! These circumstances be

they what they may, hear they or hear they not not they is they not susceptible of a name?

If yes, what should hinder its being delivered beforehand? If no,

how is it capable of being delivered afterwards! 6 Though if those circumstances have a name that name is as capable of being given to them before as after the offence is committed.