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| | Textometrica created by Simon Lindgren and Fredrik Palm, HUMlab,Umeå University. Free for academic and non-profit use. Please cite in any publication: ”S. Lindgren and F. Palm (2011), Textometrica Service Package, online at http://textometrica.humlab.umu.se”. |
| law : crime crime: law Complete text of 61127834:By The Publique Registers But when the question is of injury, or crime , upon a written law ; every man by recourse to the Registers, by himself, or others, may (if he will) be sufficiently enformed, before he doe such injury, or commit the crime, whither it be an injury, or not: Nay he ought to doe so: for when a man doubts whether the act he goeth about, be just, or injust; and may informe himself, if he will; the doing is unlawfull Complete text of 61127860:A written law may forbid innocent men to fly, and they may be punished for flying: But that flying for feare of injury, should be taken for presumption of guilt, after a man is already absolved of the crime Judicially, is contrary to the nature of a Presumption, which hath no place after Judgement given Complete text of 61127887:In like manner, in the ordinary trialls of Right, Twelve men of the common People, are the Judges, and give Sentence, not onely of the Fact, but of the Right; and pronounce simply for the Complaynant, or for the Defendant; that is to say, are Judges not onely of the Fact, but also of the Right: and in a question of crime , not onely determine whether done, or not done; but also whether it be Murder, Homicide, Felony, Assault, and the like, which are determinations of law : but because they are not supposed to know the law of themselves, there is one that hath Authority to enforme them of it, in the particular case they are to Judge of Complete text of 61127972:A crime What A crime , is a sinne, consisting in the Committing (by Deed, or Word) of that which the law forbiddeth, or the Omission of what it hath commanded Complete text of 61127974:To intend to steale, or kill, is a sinne, though it never appeare in Word, or Fact: for God that seeth the thoughts of man, can lay it to his charge: but till it appear by some thing done, or said, by which the intention may be crime ; which distinction the Greeks observed in the word amartema, and egklema, or aitia; wherof the former, (which is translated Sinne,) signifieth any swarving from the law whatsoever; but the two later, (which are translated crime ,) signifie that sinne onely, whereof one man may accuse another Complete text of 61127977:Where No Civill law Is, There Is No crime From this relation of Sinne to the law , and of crime to the Civill Law, may be inferred, First, that where law ceaseth, Sinne ceaseth Complete text of 61127981:Thirdly, That when the Soveraign Power ceaseth, crime also ceaseth: for where there is no such Power, there is no protection to be had from the law ; and therefore every one may protect himself by his own power: for no man in the Institution of Soveraign Power can be supposed to give away the Right of preserving his own body; for the safety whereof all Soveraignty was ordained Complete text of 61127983:Ignorance Of The law Of Nature Excuseth No Man The source of every crime , is some defect of the Understanding; or some errour in Reasoning, or some sudden force of the Passions Complete text of 61127987:Therefore into what place soever a man shall come, if he do any thing contrary to that law , it is a crime Complete text of 61127994:Punishments Declared Before The Fact, Excuse From Greater Punishments After It But when a penalty, is either annexed to the crime in the law it selfe, or hath been usually inflicted in the like cases; there the Delinquent is Excused from a greater penalty Complete text of 61127995:For the punishment foreknown, if not great enough to deterre men from the action, is an invitement to it: because when men compare the benefit of their Injustice, with the harm of their punishment, by necessity of Nature they choose that which appeareth best for themselves; and therefore when they are punished more than the law had formerly determined, or more than others were punished for the same crime ; it the law that tempted, and deceiveth them Complete text of 61127996:Nothing Can Be Made A crime By A law Made After The Fact No law , made after a Fact done, can make it a crime : because if the Fact be against the law of Nature, the law was before the Fact; and a Positive law cannot be taken notice of, before it be made; and therefore cannot be Obligatory Complete text of 61127999:First, by Presumption of false Principles; as when men from having observed how in all places, and in all ages, unjust Actions have been authorised, by the force, and victories of those who have committed them; and that potent men, breaking through the Cob-web Lawes of their Country, the weaker sort, and those that have failed in their Enterprises, have been esteemed the onely Criminals; have thereupon taken for Principles, and grounds of their Reasoning, "That Justice is but a vain word: That whatsoever a man can get by his own Industry, and hazard, is his own: That the Practice of all Nations cannot be unjust: That examples of former times are good Arguments of doing the like again;" and many more of that kind: Which being granted, no Act in it selfe can be a crime , but must be made so (not by the law , but) by the successe of them that commit it; and the same Fact be vertuous, or vicious, as Fortune pleaseth; so that what Marius makes a crime , Sylla shall make meritorious, and Caesar (the same Lawes standing) turn again into a crime , to the perpetuall disturbance of the Peace of the Common-wealth Complete text of 61128021:A man is assaulted, fears present death, from which he sees not how to escape, but by wounding him that assaulteth him; If he wound him to death, this is no Crime; because no man is supposed at the making of a Common-wealth, to have abandoned the defence of his life, or limbes, where the law cannot arrive time enough to his assistance Complete text of 61128029:For though all Crimes doe equally deserve the name of Injustice, as all deviation from a strait line is equally crookednesse, which the Stoicks rightly observed; yet it does not follow that all Crimes are equally unjust, no more than that all crooked lines are equally crooked; which the Stoicks not observing, held it as great a crime , to kill a Hen, against the law , as to kill ones Father Complete text of 61128030:Totall Excuses That which totally Excuseth a Fact, and takes away from it the nature of a crime , can be none but that, which at the same time, taketh away the obligation of the law Complete text of 61128031:For the fact committed once against the law , if he that committed it be obliged to the law , can be no other than a Crime Complete text of 61128034:Where a man is captive, or in the power of the enemy, (and he is then in the power of the enemy, when his person, or his means of living, is so,) if it be without his own fault, the Obligation of the law ceaseth; because he must obey the enemy, or dye; and consequently such obedience is no crime : for no man is obliged (when the protection of the law faileth,) not to protect himself, by the best means he can Complete text of 61128044:Presumption Of Power, Aggravateth The same Fact done against the law , if it proceed from Presumption of strength, riches, or friends to resist those that are to execute the Law, is a greater crime , than if it proceed from hope of not being discovered, or of escape by flight: For Presumption of impunity by force, is a Root, from whence springeth, at all times, and upon all temptations, a contempt of all Lawes; whereas in the later case, the apprehension of danger, that makes a man fly, renders him more obedient for the future Complete text of 61128045:A crime which we know to be so, is greater than the same Crime proceeding from a false perswasion that it is lawfull: For he that committeth it against his own conscience, presumeth on his force, or other power, which encourages him to commit the same again: but he that doth it by errour, after the errour shewn him, is conformable to the Law Complete text of 61128049:Praemeditation, Aggravateth A crime arising from a sudden Passion, is not so great, as when the same ariseth from long meditation: For in the former case there is a place for Extenuation, in the common infirmity of humane nature: but he that doth it with praemeditation, has used circumspection, and cast his eye, on the law , on the punishment, and on the consequence thereof to humane society; all which in committing the crime , hee hath contemned, and postposed to his own appetite Complete text of 61128051:Where the law is publiquely, and with assiduity, before all the people read, and interpreted; a fact done against it, is a greater crime , than where men are left without such instruction, to enquire of it with difficulty, uncertainty, and interruption of their Callings, and be informed by private men: for in this case, part of the fault is discharged upon common infirmity; but in the former there is apparent negligence, which is not without some contempt of the Soveraign Power Complete text of 61128054:But because there are punishments consequent, not onely to the transgression of his law , but also to the observing of it, he is in part a cause of the transgression, and therefore cannot reasonably impute the whole crime to the Delinquent Complete text of 61128061:Likewise in a Professor of the Law, to maintain any point, on do any act, that tendeth to the weakning of the Soveraign Power, as a greater crime , than in another man: Also in a man that hath such reputation for wisedome, as that his counsells are followed, or his actions imitated by many, his fact against the law , is a greater crime , than the same fact in another: For such men not onely commit crime , but teach it for law to all other men Complete text of 61128067:Crimes Against Private Men Compared Of facts against the law , done to private men, the greater crime , is that, where the dammage in the common opinion of men, is most sensible Complete text of 61128068:And therefore To kill against the law , is a greater crime , that any other injury, life preserved Complete text of 61128079:For to kill ones Parent, is a greater crime , than to kill another: for the Parent ought to have the honour of a Soveraign, (though he have surrendred his Power to the Civill law ,) because he had it originally by Nature Complete text of 61128081:And a crime committed in the Time, or Place appointed for Devotion, is greater, than if committed at another time or place: for it proceeds from a greater contempt of the law Complete text of 61128102:Hurt Inflicted, If Lesse Than The Benefit Of Transgressing, Is Not Punishment Seventhly, If the harm inflicted be lesse than the benefit, or contentment that naturally followeth the crime committed, that harm is not within the definition; and is rather the Price, or Redemption, than the Punishment of a crime : Because it is of the nature of Punishment, to have for end, the disposing of men to obey the law ; which end (if it be lesse that the benefit of the transgression) it attaineth not, but worketh a contrary effect Complete text of 61128103:Where The Punishment Is Annexed To The law , A Greater Hurt Is Not Punishment, But Hostility Eighthly, If a Punishment be determined and prescribed in the law it selfe, and after the crime committed, there be a greater Punishment inflicted, the excesse is not Punishment, but an act of hostility Complete text of 61128124:In like manner if the law impose a Summe of Mony to be payd, to him that has been Injured; this is but a satisfaction for the hurt done him; and extinguisheth the accusation of the party injured, not the crime of the offender Complete text of 61128340:But Crimes of Infirmity; such as are those which proceed from great provocation, from great fear, great need, or from ignorance whether the Fact be a great crime , or not, there is place many times for Lenity, without prejudice to the Common-wealth; and Lenity when there is such place for it, is required by the law of Nature Complete text of 61132168:But amongst the Israelites it was a Positive law of God their Soveraign, that he that was convicted of a capitall crime , should be stoned to death by the People; and that the Witnesses should cast the first Stone, and after the Witnesses, then the rest of the People Complete text of 61132180:) when Phinehas killed Zimri and Cosbi, it was not by right of Private Zeale: Their Crime was committed in the sight of the Assembly; there needed no Witnesse; the law was known, and he the heir apparent to the Soveraignty; and which is the principall point, the Lawfulnesse of his Act depended wholly upon a subsequent Ratification by Moses, whereof he had no cause to doubt |