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Friday October 25.th 1771
The House met.
All Members present as on Yesterday.
The Proceedings of Yesterday were read.
M.r W. Richardson, M.r S. Wright, M.r Sim and M.r Worthington
appeared in the House
The Order of the Day being read; the House resumed the Con-
sideration of the Matter relative to M.r John Frederick Augustus
Priggs and after some Debate thereon referred the further Con-
sideration thereof till To Morrow Morning
His Excellency communicates to M.r Speaker the following
Message
Gentlemen,
A Revision of the Criminal Law had been recommended in May
Session 1768 to the Assembly then convened by my worthy Prede-
cessor, and at the Opening of a late Session, I also requested your
Consideration of the same Subject.
From the Answers given to Colonel Sharpe, and to myself, on
those Occasions, as well as from other peculiar Circumstances, I
inferred that a general Recommendation would be sufficient; but an
Explanation of the Grounds, on which I have pressed you to con-
sider the State of the Penal Law, being now desired, I must observe,
that there is not I apprehend, any precise, invariable Rule estab-
lished, by which the Extent of the Penal Statutes of England may
be ascertained; and, therefore, in what Cases Punishment may be
regularly inflicted in this Province according to their Prescripts, is a
Question, on which various Sentiments may be expected, and in
fact, have often occurred. Should the Position be admitted, that
such of the Penal Statutes extend hither, as are suitable to the
Circumstances of the Country, still what are, or are not thus suitable,
may be, in many Instances, on a Consideration of Statutes de-
nouncing even Capital Punishment, in, at least, one hundred and
sixty Cases, a very doubtful Question; and which being determinable
by the Courts, seems moreover to admit too great Authority in the
Judges, and to give too much Scope for Contrariety in the Decisions
which a rigorous or compassionate Disposition may influence; for
Men's Qualities, when not controuled by fixed and established Pro-
visions, will generally slide into their most deliberate, and best
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Oct. 25
p. 220
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