[ ] PREFACE OF THE TRANSLATOR. PENAL LAWS, fo confiderable a part of every system of legislation, and of fo great importance to the happinefs, peace and fecurity of every mem. ber of fociety, are ftill fo imperfect, and are attended with fo many unneceffary circumstances of cruelty in all nations, that an attempt to reduce them to the ftandard of reafon must be interesting to all mankind. It is not furprifing then, that this little book hath engaged the attention of all ranks of people in every part of Europe. It is now about eighteen months fince the first publication; in which time it hath paffed no less than fix editions in the original language; the a. 2. third third of which was printed within fix months after its first appearance. It hath been tranflated into French; that tranflation hath also been feveral times reprinted, and perhaps no book, on any subject, was ever received with more avidity, more generally read, or more univerfally applauded. The author is the Marquis BECCARIA, of Milan. Upon confidering the nature of the religion and government under which he lives, the reasons for concealing his name are obvious. The whole was read, at different times, in a fociety of learned men in that city, and was published at their defire. As to the translation, I have preserved the order of the original, except in a paragraph or two, which I have taken the liberty to restore to the chapters to which they evidently belong, and from which they must have been accidentally detached. The French translator hath gone much farther; he hath not only tranfpofed every chapter, but But every paragraph in the whole book. But in this, I conceive he hath affumed a right which belongs not to any tranflator, and which cannot be justified. His difpofition may appear more fyftematical, but certainly the author has as undoubted a right to the arrangement of his own ideas as to the ideas themselves; and therefore to destroy that arrangement, is to pervert his meaning, if he had any meaning in his plan, the contrary to which can hard ly be fuppofed. With regard to the Commentary, attributed to Monf. de Voltaire, my only authority for fuppofing it his, is the voice of the public, which indeed is the only authority we have for most of his works.. Let thofe who are acquainted with the peculiarity of his manner judge for them-felves: The facts above-mentioned would preclude all apology for this tranflation, if any apology were neceffary, for tranflating, into our language a work, which, from a 3 from the nature of the subject, must be interesting to every nation; but must be particularly acceptable to the English, from the eloquent and forcible manner. in which the author pleads the cause of liberty, benevolence, and humanity. It may however be objected, that a treatise of this kind is useless in England, where, from the excellence of our laws and government, no examples of cruelty or oppreffion are to be found. But it must alfo be allowed, that much is ftill wanting to perfect our, fyftem of legislation; the confinement of debtors, the filth and horror of our prifons, the cruelty of jailors, and the extortion of the petty officers of justice, to all which may be added the melancholy reflection, that the number of criminals put to death in England is much greater than in any other part of Europe, are confiderations which will fufficiently answer every objection. These are my only reafons for endeavouring to diffuse the knowledge of the useful truths contained |