Page:Essay on Crimes and Punishments (1775).djvu/232

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.

France, and such it ought to be in all polished nations. A sentence, at a distance from the throne, may be dictated by cabal, prejudice, or ignorance. Such little intrigues are unknown to monarchs, who are continually surrounded by great objects. The members of the supreme council are more enlightened, less liable to prejudice, and better qualified than a provincial judge, to determine whether the state require severe punishments. In short, when inferior courts have judged according to the letter of the law, which possibly may be rigorous, the council mitigates the sentence according to the true spirit of all laws, which teaches, never to sacrifice a man, but in evident necessity.


CHAPTER XII.

On Torture.

ALL mankind being exposed to the attempts of violence or perfidy, detest the crimes of which they may possibly be the victims: all desire that the principal