Recapitulation. THESE are the principal infringements of the rights of property; which were the last species of offences against individuals or private subjects, which the method of our distribution has led us to consider. We have before examined the the nature of all offences against the public, or commonwealth; against the king or supreme magistrate, the father and protector of that community; against the universal law of all civilized nations; together with some of the more atrocious offences, of publicly pernicious consequence, against God and his holy religion. And these several heads comprehend the whole circle of crimes and misdemesnors, with the pu nishment annexed to each, that are cognizable by the laws of England, CHAPTER THE EIGHTEENTH. OF THE MEANS OF PREVENTING OFFENCES. WE ́E are now arrived at the fifth general branch or head, The method of pre- 165 under which I proposed to consider the subject of this venug offences, is book of our commentaries; viz. the means of preventing the commission of crimes and misdemesnors. And really it is an honour, and almost a singular one, to our English laws, that they furnish a title of this sort; since preventive justice is upon every principle, of reason, of humanity, and of sound policy, preferable in all respects to punishing justice; te execution of which, though necessary, and in its consequence a species of mercy to the commonwealth, is always attended with many harsh and disagreeable circumstances. to enter into recog nizance with sure THIS preventive justice consists in obliging those persons, by obliging persons whom there is a probable ground to suspect of future misbehaviour, to stipulate with and to give full assurance to the public that such offence as is apprehended shall not happen; by finding pledges or securities for keeping the peace, or for their good behaviour. This requisition of sureties has been several times mentioned before, as part of the penalty inflicted (a) Beccar. ch. 41. upon 166 upon such as have been guilty of certain gross misdemesnors: but there also it must be understood rather as a caution against the repetition of the offence, than any immediate pain or punishment. And, indeed, if we consider all human punishments in a large and extended view, we shall find them all rather calculated to prevent future crimes, than to expiate the past; since, as was observed in a former chapter, all punishments inflicted by temporal laws may be classed under three heads; such as tend to the amendinent of the offender himself, or to deprive him of any power to do future mischief, or to deter others by his example: all of which conduce to one and the same end, of preventing future crimes, whether that be effected by amendment, disability, or example. But the caution, which we speak of at present, is such as is intended merely for prevention, without any crime actually committed by the party, but arising only from a probable suspicion, that some crime is intended or likely to happen; and consequently it is not meant as any degree of punishment, unless perhaps for a man's imprudence in giving just ground of apprehension. By the Saxon constitution these sureties were always at hand, by means of king Alfred's wise institution of decennaries or frank-pledges; wherein, as has more than once been observed, the whole neighbourhood or tithing of freemen were mutually pledges for each other's good behaviour. But this great and general security being now fallen into disuse and neglected, there hath succeeded to it the method of making suspected persons find particular and special securities for their future conduct; of which we find mention in the laws of king Edward the Confessor"; "tradat fidejussores de pace "et legalitate tuenda." Let us therefore consider, first, what this security is; next, who may take or demand it; and, lastly, how it may be discharged. 1. THIS security consists in being bound, with one or more sureties, in a recognizance or obligation, to the king, entered (b) See page 11. (c) See voi. I. page 114. (d) Cap. 18. on |