i  ^  On  -the  intinat^e  connection  of  these  two  codes,
let  us  hear  the  words  of  Lord  Holt,  whose  name
never  caa  be  prenouncsd  without  veneration,  as


and  disagreements,  both  in  general  provi*
sions,  and  in  some  of  the  most  important
parts  of  their  minute  pmctice.  In  this  part
of  the  course,  which  I  mean  to  pursue  with
such  detail  es  to  give  a  view  of  both  codes^
that  may  perhaps  be  sufficient  for  the  pur-
poses of  the  general  student,  I  hope  to  con-
vince him  that  the  laws  of  civilized  nations,
particularly  those  of  his  own,  are  a  subject
most  worthy  of  scientific  curiositv ;  that  prin-
ciple and  system  run  through  them  even  to
the  minutest  particular,  as  really,  though  not
80  apparently)  as  in  otoer  sciences,  and  ap-
plied to  purposes  more  important  than  those
of  any  otner  science.  Will  it  be  presump-
tuous to  express  a  hope,  that  sudi  an  in-
2VMy  may  not  be  altogether  a  useless  intro-
uction  to  that  larger  and  more  detailed
study  of  the  law  of  England,  which  is  the
duty  of  those  who  are  to  profess  and  prac-
tise that  law?

In  considering  the  important  subject  of
criminal  law  it  will  be  my  duty  to  found,  on
a  regard  to  the  general  safety,  the  right  of
the  magistrate  to  infiict  punisnments,  even
the  most  severe,  if  that  safety  cannot  be
efiectually  protected  by  the  example  of  infe*
rior  punishments.  It  will  be  a  more  agreeft-
ble  part  of  my  ofiice  to  explain  the  tempera-
ments which  Wisdom,  as  well  as  Humanity,
prescribes  in  the  exercise  of  that  harsh  rigm,
unfortunately  so  essential  to  the  preservation
of  human  society.  I  shall  collate  the  penal
codes  of  difierent  nations,  and*  gather  to-
gethier  the  most  accurate  statement  of  the
result  of  experience  with  respect  to  the  effi-
cacy of  lenient  and  severe  punishments;
and  I  shall  endeavour  to  ascertain  the  princi*
pies  on  which  must  be  founded  both  the  pro*
portion  and  the  appropriation  of  penalties  t)
crimes.  As  to  the  law  of  criminal  proceed-
ing, my  labour  will  be  very  easy;  for  on  tha«
subject  an  English  lawyer,  if  he  were  to  de-
lineate the  model  of  perfection,  would  fip**
that,  with  few  exceptions,  he  had  trans*
cribed  the  institutions  of  his  own  country.
