from all that has gone before a general theorem may be deduced, of great utility, though little comformable to custom, that common lawgiver of nations. the theorem is this: ‘in order that every punishment may not be an act of violence, committed by one man or by many against a single individual, it ought to be above all things public, speedy, necessary, the least possible in the given circumstances, proportioned to its crime, dictated by the laws.’