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Vol. 2, Book 4 Commentaries on the Laws of England: In Four Books; with an Analysis of the Work 1855

handle is hein.beal/clefba0004 and id is 1 raw text is: 





                     COMMENTARIES

                                 ON

       THE LAWS OF ENGLAND.


                      BOOK THE FOURTH.

                OF PUBLIC WRONGS (1).


                            CHAPTER L

        OF  THE NATURE OF CRIMES, AND THEIR
                         PUNISHMENT.

  Ws  are now arrived at the fourth and last branch of these Commenta-
ries ; which treats of public wrongs, or crimes and misdemesnors. For we
may remember  that, in the beginning of the preceding book (a), wrongs
were divided into two species : the one private and the other public. Pri-
vate wrongs, which are frequently termed civil injuries, were the subject
of that entire book: we are now therefore, lastly, to proceed to the con-
sideration of public wrongs, or crimes and misdemesnors ; with the means
of their prevention and punishment. In the pursuit of which subject I
shall consider, in the first place, the general nature of crimes and punish-
ments ; secondly, the persons capable of committing crimes ; thirdly,
their severaldegrees of guilt, as principals, or accessaries ; *fourthly, [ '2 ]
the several species of crimes, with the punishment annexed  to
each by the laws of England ; fifthly, the means of preventing their per-
petration; and, sixthly, the method of inflicting those punishments, which
the law has annexed to each several crime and misdemesnor.
  First, as to the general nature of crimes and their punishnient; the dis-
cussion and admeasurement of which  forms in every country the code of
criminal law ; or, as it is more usually denominated with us in England,
the doctrine of the pleas of the crown ; so called, because the king, in
whom  centers the majesty of the whole community, is supposed by the
law to be the person injured by every infraction of the public rights, be-
longing to that community, and is therefore in all cases the proper prose-
cutor for every public offence (b).
(a) Hook II. ch. 1.                 (b) see book L p. 268.
(1) See in general, Stanndford Pl. Cr.; L.; and the proper titles in Vin. Ab., Corn.
Pulton de Pac. Reg. ; Foster's Cr. L.; Pal Dig., and Bac. Ab., per tot.
P. C.; Hawk. P. C.; East's P. C.; Leach  In the U. S. the several states enact nearly
Cr. C.; Russell and Ry. Cr. C. ; Russell and all the criminal laws. Congress passes such
Mood. Cr. C.; Burn J.; Williams J.; and as relate to the laws of nations, and as are ne.
Dick. J.; Dickenson's Sessions ; Russell on cessary to enforce its powers under the con
Crimes; Starkie's Crim. L.; Chitty's Crim.  stitution.

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