Page:William Blackstone, Commentaries on the Laws of England (4th ed, 1770, vol IV).djvu/54

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Book IV.

to temporal cenſures. The vice of lying, which conſiſts (abſtractedly taken) in a criminal violation of truth, and therefore in any ſhape is derogatory from ſound morality, is not however taken notice of by our law, unleſs it carries with it ſome public inconvenience, as ſpreading falſe news; or ſome ſocial injury, as ſlander and malicious proſecution, for which a private recompence is given. And yet drunkenneſs and lying are in foro conſcientiae as thoroughly criminal when they are not, as when they are, attended with public inconvenience. The only difference is, that both public and private vices are ſubject to the vengeance of eternal juſtice; and public vices are beſides liable to the temporal punishments of human tribunals.

On the other hand, there are ſome miſdemeſnors, which are puniſhed by the municipal law, that are in themſelves nothing criminal, but are made ſo by the poſitive constitutions of the ſtate for public convenience. Such as poaching, exportation of wool, and the like. Theſe are naturally no offences at all; but their whole criminality conſiſts in their diſobedience to the ſupreme power, which has an undoubted right for the well-being and peace of the community to make ſome things unlawful, which were in themſelves indifferent. Upon the whole therefore, though part of the offences to be enumerated in the following ſheets are offences againſt the revealed law of God, others againſt the law of nature, and ſome are offences againſt neither; yet in a treatiſe of municipal law we muſt conſider them all as deriving their particular guilt, here puniſhable, from the law of man.

Having premiſed this caution, I ſhall next proceed to diſtribute the ſeveral offences, which are either directly or by conſequence injurious to civil ſociety, and therefore puniſhable by the laws of England, under the following general heads: firſt, thoſe which are more immediately injurious to God and his holy religion; ſecondly, ſuch as violate and tranſgreſs the law of nations; thirdly, ſuch as more eſpecially affect the ſove-

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