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Show 378 'ACTS RELATING - Part III. Care, for example, is taken to leave the port open for proviiions ; to prevent {hips already there from {uttering by a regulation they could not he apprifed of. The SeEl.V. TO THE Coroxrrs. 379 But againft this a& there is yet another objeétion : in one common punifhinent it involves both guilty and innocent; and it is therefore, we are told, unjufl'. duration of the act depends on the Boltoni- He who urges this topic of accufation, ans themfelves ; and the power left in the hands of the crown of appointing the ---and none has been urged more univer- wharfs and quays, where exclufively goods rightly confider the end of puuilhment. are thereafter to be laden or unladen, is fally, or with greater vehemcnce-does not It may teem {trange at firlt light, yet it only a power of directing the greatelt weight of punii'hment againfi the greateft body of delinquency. This power indeed velled as it is againl‘t/lmerz‘iy, and urged on may be abufed; and {0 may any power, principle of vengeance. in the exercife of which the king, or any is moit certainly true, that this plea, le- behalf of [ell/2:35 is built on the lavage other magif'trate, may ufe his diferetion. In whatever hands it had been lodged, it If vengeance be the end of punifhment, that punilhment which acts upon him who did 7202‘ do the obnoxious ail, as well as was liable to abufe; yet the fame power has been given to the crown here in Eng- upon thofe who did it, is cer ainly impro- land, by different acts of the legiflature, where the fame reafons did not fublilt "l". {utterings of A may give me latisfaétion, but the {uttering of B, with whom I am *- Sce I Eliz. c. II. 13 8:14. Car. H. c. u. lilaekfione's Commentaries, Book I. c, 7. per. f it is with A I am angry; .the not angry, will give me none. \Vere I to heat A, who had angered me, my beha- riour might perhaps, according to the cir- But cumf'tances of the quarrel, be approved,were |