4.

PUNISHMENTS may be confidered with regard to, 1. The POWER; 2. The END; 3. The MEASURE; -of their Infliction.

5

The POWER, or Right, of inflicting human Punishments, for NATURAL Crimes, or fuch as are Mala in fe, was by the Law of Nature vested in every Individual: but, by the fundamental Contract of Society, is now transferred to the fovereign Power: In which alfo is vested, by the fame Contract, the Right of punishing POSITIVE Offences, or fuch as are Mala prohibita.

6.

The END of human Punishments is to prevent future Offences; 1. By amending the Offender himself. 2. By deterring others through his Example. 3. By depriving him of the Power to do future Mischief.

7.

The MEASURE of human Punishments must be determined by the Wisdom of the fovereign Power, and not by any uniform universal Rule: Though that Wisdom may be regulated, and affifted, by certain general, equitable, Principles.

CHAP.

CHAP. II.

Of the Perfons CAPABLE of committing Crimes.

A

I.

LL Perfons are CAPABLE of committing Crimes, unless there be in them a DEFECT of WILL: For, to conftitute a legal Crime, there must be both a vitious Will, and a vitious A&t.

2.

The Will does not concur with the Act, 1. Where there is a Defect of UNDERSTANDING. 2. Where no Will is EXERTED. 3. Where the Act is conSTRAINED by Force and Violence.

3.

A vitious Will may therefore be wanting, in the Cafes of, 1. Infancy. 2. Idiocy, or Lunacy. 3. Drunkenness; which doth not, however, excuse. 4. Misfortune. 5. Ignorance, or Miftake of Fact. 6. Compulfion, or Neceffity: which is, 1st, that of civil Subjection; 2dly, that of Duress per Minas; 3dly, that of choofing the least pernicious of two Evils, where one is unavoidable; 4thly, that of Want, or Hunger; which is no legitimate Excufe.

4.

The King, from his Excellence and Dignity, is alfo incapable of doing Wrong.

CHAP.

CHA P. III.

Of PRINCIPALS and ACCESSORIES.

TH

I.

HE different DEGREES of Guilt in Criminals are, 1. AS PRINCIPALS. 2. AS ACCESSORIES.

2.

A PRINCIPAL in a Crime is, 1. He who commits the Fact. 2. He who is prefent at, aiding, and abetting, the Commiffion.

3.

An ACCESSORY is he who doth not commit the Fact, nor is prefent at the Commiffion; but is in fome fort concerned therein, either BEFORE or AF

TER.

4.

Acceffories can only be in petit Treason, and Felony In high Treason, and Mifdemefnors, all are Principals.

5.

An Acceffory, BEFORE the Fact, is one who, being abfent when the Crime is committed, hath procured, counfelled, or commanded another to commit it.

6.

An Acceffory, AFTER the Fact, is where a Perfon, knowing a Felony to have been committed, receives, relieves, comforts, or affifts the Felon.

{Such

Such Acceffory is ufually entitled to the Benefit of Clergy; where the Principal, and Acceffory BEFORE the Fact, are excluded from it.

CHAP. IV.

Of Offences against GOD and RELIGION,

C

I.

Rimes and Mifdemefnors, cognizable by the Laws of ENGLAND, are fuch as more immediately offend, 1. GOD, and his holy RELIGION. 2. The Law of NATIONS.

3. The KING, and his GOVERNMENT. 4. The PUBLIC, or COMMON-WEALTH. 5. INDIVIDUALS.

2.

Crimes, more immediately offending God and RELIGION, are, I. APOSTACY. For which the Penalty is Incapacity, and Imprisonment. 2. HERESY. Penalty, for one Species thereof: The fame. 3.Offences against the established CHURCH:-Either, by REVILING it's Ordinances. Penalties: Fine; Deprivation; Imprisonment; Forfeiture.-Or, by NONCONFORMITY to it's Worship: 1ft, Through total IRRELIGION. Penalty: Fine. 2dly, Through proteftant DISSENTING. Penalty: Sufpended by the Toleration A&t. 3dly, Through POPERY, either in Profeffors of the popish Religion, popish

Re

Recufants, convict, or popish Priefts. Penalties: Incapacity; double Taxes; Inprifonment; Fines; Forfeitures; Abjuration of the Realm; Judgment of Felony, without Clergy; and Judgment of high Treafon. 4. BLASPHEMY. Penalty: Fine, Imprifonment, and corporal Punishment. 5. Profane SWEARING and CURSING. Penalty: Fine, or House of Correction. 6. WITCHCRAFT; or, at least, the Pretence thereto. Penalty: Imprisonment, and Pillory. 7. Religious IMPOSTURES. Penalty, Fine, Imprifonment, and corporal Punishment. 8. SIMONY. Penalties: Forfeiture of double Value; Incapacity. 9. SABBATH-BREAKING. Penalty: Fine. 10. DRUNKENNESS. Penalty : Fine, or Stocks. II. LEWDNESS. Penalties: Fine; Imprifonment; Houfe of Correction.

CHAP.