PHI LOS 0 P H Y . - Classic Works of Apologetics Online

400 of Crimes iJ.nd PunisiJmeJ2iJ.
that nothing less than the authority of the whole k·
gislature be suffered to determine that boundary and
assign the~e rules; yet the mitigation of punishment,
the exercise of lenity, nlay, \vithout dallger, be intrusted
to the executive Inagistra t r.:3 \\·hose di:~rretion
will operate upon tl10se nUJ:~crous, unforeseel1, mutab1e
and indefinite circu~jstance~, both of the crinlc
and the crimillal, \vhic!i constitute or qualify· tIle malignity
of each offence. Without the power of re·
laxation lodged in a living authority, either some of.
fenders woul~ escape capital punishmer:t~ \\7hOnl tIle
public safety required to ~uffer; or sume ,,,"ould undergo
this punisllment, \vhere it was r~eitiler deserved
nor nece~~lry. For if Judgment of death were
reser\red for one or t\\-O .. pccies of Critrlcs only, \\:}lich
would probably· be the ca:~e, if th