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23)
Common Law.
or Frederic or Justinian.
These offences, it is well known were in the Saxon times punished almost
universally by a fine certain. The Sums varying from
one King's reign to another: but the mode continuing
the same. The details may be seen in Wilkin's edition
of their Laws. What variety there is in our
modern list of punishments, and what advantages result
from that variety it is not necessary here to
specify. Many since the Saxon times have been
even introduced and disused laid aside grown into disuse. Such are mutilation
emasculation, putting out of eyes. Some have been introduced
and are continued: such as branding. Not
only punishments have changed for those that have
always been offences, because they must for the same reason that all the world
over they must have been offences, but new offences
in no small number. (I am speaking of offences committable
by men as they are men not as they belong to are of
particular occupations) have since the Saxon period been introduced. Forgery, Personation, False pretences, and Threatening by letters for
example.
The remaining examples given us by our Author which our Author gives us are
comprized by him under the general description of "an
"infinite number of minute particulars, which diffuse themselves
"as extensively as the ordinary distribution of common
"justice requires". This passage serves as an introduction
to some more examples. I shall go on with the review
of them, adding them to the number of those which we have
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