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Show 'i‘60 "he; Brihery and of COMM oN-WE AL TH. "49.27; pm 2. of c o MMON-WE A 1. TH. c5433, word, or deed to diminifh the Authority of the fame, either in the man, is a greater Crime, than to robbe a rich man ,becaufe 'tis to the refent time or in fucceflion :which Crimes the Latines underitand Ey C'rimimi ire/{e Majeflam, and confiit in defigne, or aé‘t, Contrary to a Fundamental! Law. core a more fenfible damma e. _ And a Crime committed in t. e Time,or Place appointed for Devo- m tion, is greater, than‘if committed at another time or place : ,for It proceeds from a greater contempt of the Law. . . 3 Many other cafes of Aggravatron, and Extenuation might be ad- Likewife thofe Crimes, which render Judgements of no el't‘ea, are "If6 "13" greater Crimes, than Injuries done to one, or a few perfons -, as to re. 0W}ceive mony to give Falfe judgement,or telhmonyas a greater Crime, ded : but by thefe I have fet down, it is obvrous to every man, to take than otherwife to deceive a man of the like, or a greater fumme -, be. caufe not oncly he has wron , that falls by fuch judgements -, but 21] "Judgements are rendered u elefle, and occafion minifired to force, and private revenges, . . the altitude of any other Crime propofed. . _ Laftly, becaufe in almoit all Crimes there IS an Injury done, not 72351;," onely to fome Private men, but alfo to the Common-wealth; the Crimerwhdt. fame Crime, when the accufation is in the name of the Common- _ 'Depmlari- Alfo Robbery, and Depeculation ofthe Publique treafure,or Rt- wealth, is called Publique Crime 5 and when in the name of a Private rm. _- u ‘ _ __ *‘-‘l'7?" 4‘ h ,- .4036. ' venueS, isa greater Crime, than the robbing, or defrauding ofa Private man; becaufe to robbe the publique , is to robbe many at once. Alfo the Counterfeit ufurpation ofpublique Miniflery, the Counfiffifig; terfeiting of publique Seales or publique Coine, than counterfeiting q. of a private mans perfon, or his teale 5 becaufe the fraud thereof, ex- Grim" b _ tendeth to the dammage of many. Offaéts againfl the Law,done to private men, the greater Crimt, gm]; Pri- is that, where the dammage in the common opinion of men, is mail ware mm fenfible. And therefore campdrrd- To kill againft the Law, is a greater Crime, than any other injury, life preferved. And to kill with Torment, greater,than {imply to kill. And Mutilation of a limbe, greater, than the fpoyling a man of his goods. And the fpoyling a man of his goods, by Terrour of death, or wounds, than by clandeftine furreption. _A3d by clandcitine Surreption, than by confent fraudulently ob taine . And the violation ofchaftity by Force, greater,than by flattery . And of a woman Married, than of a woman married. For all thcfe things are commonly f0 valuednot ; though fome men are more, and form: lefie fenfible of the fame offence . "But the Law regardeth not the particular, but the generall inclination of man‘ kind. man, a Private Crime; And the Pleas according thereunto called Publiquefifudicia Pzahlim, Pleas of the Crown; or Private Pleas. As in an Accufation of Murder, if the accufer be a Private man, the plea isaPrivate plea 5 if the accufer be the Soveraign, the plea is a Publique plea. C H A P. XXVIII. 0f PUNISHMENTS, anal REWARDS. ' a P u N I s H M a n 'r,;} rm Evil! inflified h} Fuhlizu: Au- Theda/E nid: thorny, on him that h.th done, or omitted that whit tit fud- on af ‘I'mzifhgal hy the fame Authority to he a Tranfgrrflim of the Law -, "'9'"‘to the cud that the will ofmen may therehy the hatter he ‘ :11] ofcd to obedience. {actor-c Iinferre any thing from this definition, there is a quei‘tion RI km, 72.4. tobeanfwered,of- much importance; which is, by what door the my}; wheme Right, or Authority of Punifliing in any cafe, came in. For by that dcrivm'. which has been laid before, no man is fuppofed bound by Covenant, not to refill violence ; and coniequently it cannot be intended, that he gave any right to another to lay violent hands upon hisperfo n. And therefore the offence men take, fro m contumely, in words, 0" gefhire, when they produce no other har me, than the prefent griefc‘ or him that is reproach [nthe making of a Common-wealth, every man giveth away right of defending another; but not of defending himfclfe. Alfothe he obhgeth himfelfe, to aim}. him that haththc Soveraignty, in the Pu- contumely, _{ which takes no hold upon men conf cious of their own vertue,) but in the have a right to doe it himfeife, is not to give him a Right to Puniih. Itis manifeft therefore that the Right which the Common-wealth ed, hath been neglected in the Lawes of tilt Greeks, Romans, and other both antient, and moderne Commonwealths ; fuppoimg the true caufe of fuch griefc to confifi, not in the Pufillanimity of him that Alfoa Crime againft a private man, is is offended bv it. much aggravated by thf Perfon,time, and place. For to kill ones Par ent is a greater Crimta than tolull another : for the Parent ou Soveraign, (though he have furrendg ht to have the honour of 3 red his Power to the Civill Law.) becaufe he had it originally by Nature. And to Robbe a P00r c man, nilhing of another -, but of himfelfe not. But to covenant to afiifl the Soverfiign, in doing hurt to another, unlefle he that fo covenant eth (that is, he, or they that reprefent it) hath to Puniih, is not orounded Gnarly conceflion, or gift of the Subjefls. But I have al 0 fliewed ormerly, that before the Inititution ot‘Common-wealth, ever man had a right to every thing, and to do whatfoeve r he thought neceifae ry to h:s own prefervation; fubd uing, hurting, or killing any man in order thereunt o.And this is the foundation ofthat right of Punifhing, whic 1 . ' " |