riff cannot legally ſtir one ſtep; and yet that the execution of a man, the moſt important and terrible taſk of any, ſhould depend upon a marginal note.
The ſheriff, upon receipt of his warrant, is to do execution within a convenient time; which in the country is alſo left at large. In London indeed a more ſolemn and becoming exactneſs is uſed, both as to the warrant of execution, and the time of executing thereof: for the recorder, after reporting to the king in perſon the caſe of the ſeveral priſoners, and receiving his royal pleaſure, that the law muſt take it's courſe, iſſues his warrant to the ſheriffs; directing them to do execution on the day and at the place aſſigned[1]. And, in the court of king's bench, if the priſoner be tried at the bar, or brought there by habeas corpus, a rule is made for his execution; either ſpecifying the time and place[2], or leaving it to the diſcretion of the ſheriff[3]. And, throughout the kingdom, by ſtatute 25 Geo. II. c. 37. it is enacted that, in cafe of murder, the judge ſhall in his ſentence direct: execution to be performed on the next day but one after ſentence paſſed[4]. But, otherwiſe, the time and place of execution are by law no part of the judgment[5]. It has been well obſerved[6], that it is of great importance, that the puniſhment ſhould follow the crime as early as poſſible; that the proſpect of gratification or advantage, which tempts a man to commit the crime, ſhould inſtantly awake the attendant idea of puniſhment. Delay of execution ſerves only to ſeparate theſe ideas; and then the execution itſelf affects the minds of the ſpectators rather as a terrible fight, than as the neceſſary conſequence of tranfgreſſion.
The ſheriff cannot alter the manner of the execution by ſubſtituting one death for another, without being guilty of felony himſelf, as has been formerly ſaid[7]. It is held alſo by ſir Ed-
f See appendix, §. 4. g St. Trials. VI. 332. Foſt. 43. h See appendix, §. 3. i See pag. 202. k So held by the twelve judges, Mich. 10 Geo. III. l Beccar. ch. 19. m See pag. 179.
