Page:William Blackstone, Commentaries on the Laws of England (4th ed, 1770, vol IV).djvu/18

treaſon in imagining the king's death involves in it conſpiracy againſt an individual, which is alſo a civil injury : but as this ſpecies of treaſon in it's conſequences principally tends to the diſſolution of government, and the destruction thereby of the order and peace of ſociety, this denominates it a crime of the higheſt magnitude. Murder is an injury to the life of an individual ; but the law of ſociety conſiders principally the loſs which the ſtate ſuſtains by being deprived of a member, and the pernicious example thereby let, for others to do the like. Robbery may be conſidered in the ſame view : it is an injury to private property ; but, were that all, a civil ſatisfaction in damages might atone for it : the public miſchief is the thing, for the prevention of which our laws have made it a capital offence. In theſe groſs and atrocious injuries the private wrong is ſwallowed up in the public : we ſeldom hear any mention made of ſatisfaction to the individual ; the ſatisfaction to the community being ſo very great. And indeed, as the public crime is not otherwiſe avenged than by forfeiture of life and property, it is impoſſible afterwards to make any reparation for the private wrong ; which can only be had from the body or goods of the aggreſſor. But there are crimes of an inferior nature, in which the public puniſhment is not ſo ſevere, but it affords room for a private compenſation alſo : and herein the distinction of crimes from civil injuries is very apparent. For inſtance ; in the caſe of battery, or beating another, the aggreſſor may be indicted for this at the ſuit of the king, for diſturbing the public peace, and be puniſhed criminally by fine and impriſonment : and the party beaten may alſo have his private remedy by action of treſpaſs for the injury, which he in particular ſuſtains, and recover a civil ſatisfaction in damages. So alſo, in caſe of a public nuſance, as digging a ditch acroſs a highway, this is puniſhable by indictment, as a common offence to the whole kingdom and all his majeſty's ſubjects : but if any individual ſuſtains any ſpecial damage thereby, as laming his horſe, breaking his carriage, or the like, the offender may be compelled to