"'If these rules are violated,' said Best, C.J., in the case of _Fletcher_ vs. _Lord Sondes, 3 Bing., 580_, 'the fate of accused persons is decided by the arbitrary discretion of Judges, and not by the express authority of the laws. _2d Dwarris Stat., 634_.' "By another restrictive rule of construing penal statutes, if general words follow an enumeration of particular cases, such general words are held to apply only to cases of the _same kind_ as those which are expressly mentioned. By the 14 Geo. 2, C. 1, persons who should steal sheep _or any other cattle_ were deprived of the benefit of clergy. The stealing of any cattle, whether commonable or not commonable, seems to be embraced by these general words, "_any other cattle_," yet they were looked upon as too loose to create a capital offence. By the 15 George 2, C. 34, the Legislature declared that it was doubtful to what sorts of cattle the former Act extended besides sheep, and enacted and declared that the Act was made to extend to any bull, cow, ox, steer, bullock, heifer, calf, and lamb, as well as sheep, and to no other cattle whatsoever. "Until the Legislature distinctly specified what cattle were meant to be included, the Judges felt that they could not apply the statute to any other cattle but sheep. "The Legislature, by the last Act, says that it was not to be extended to horses, pigs, or goats, although all these are cattle. "3 Bingh., 581. "2 Dwarris, Statutes, 635." By the English law, and by the principles of general law, may it please the Court, the offence must be clearly defined--it must be limited, ascertained, fixed. It must be clear to the accuser. It must be clear to the accused. It must be equally clear to the Judge. It must leave him no discretion whereby he can enlarge or alter it. And, may it please the Court, this is the safe and true principle of construction--to give as little as possible to the discretion of the Courts; for it has been well said, that the arbitrary discretion of any man is the law of tyrants. It is always unknown; it is different in different men; it is casual, and depends on constitution, temper, and passion. In the best of us it is oftentimes caprice; in the worst of us it is every vice, folly and passion to which human nature is liable. It is by defining crime clearly that the citizen has his strongest guarantee for his personal safety. Let us see the opinion of perhaps the greatest master that ever touched the subject of jurisprudence--I mean _Montesquieu_. "It is determined," he says, "by the laws of China, that whoever shows any disrespect to the Emperor is to be punished with death. As they do not mention in what this disrespect consists, every thing may furnish a pretext to take away a man's life, and to exterminate any family whatsoever.