Page:William Blackstone, Commentaries on the Laws of England (4th ed, 1770, vol IV).djvu/33

Ch. 2. human actions either praieworthy or culpable. Indeed, to make a complete crime, cognizable by human laws, there muft be both a will and an act. For though, in foro concientiae, a fixed deign or will to do an unlawful act is almot as heinous as the commiion of it, yet, as no temporal tribunal can earch the heart, or fathom the intentions of the mind, otherwie than as they are demontrated by outward actions, it therefore cannot punih for what it cannot know. For which reaon in all temporal juridictions an overt act, or ome open evidence of an intended crime, is neceary, in order to demontrate the depravity of the will, before the man is liable to punihment. And, as a vitious will without a vitious act is no civil crime, o, on the other hand, an unwarrantable act without a vitious will is no crime at all. So that to contitute a crime againt human laws, there mut be, firt, a vitious will ; and, econdly, an unlawful act conequent upon uch vitious will.

there are three cafes, in which the will does not join with the act: 1. Where there is a defect of undertanding. For where there is no dicernment, there is no choice ; and where there is no choice, there can be no act of the will, which is nothing ele but a determination of one's choice, to do or to abtain from a particular action: he therefore, that has no undertanding, can have no will to guide his conduct. 2. Where there is undertanding and will ufficient, reiding in the party; but not called forth and exerted at the time of the action done: which is the cafe of all offences committed by chance or ignorance. Here the will fits neuter; and neither concurs with the act, nor diagrees to it. 3. Where the action is contrained by ome outward force and violence. Here the will counteracts the deed ; and is o far from concurring with, that it loaths and diagrees to, what the man is obliged to perform. It will be the buinefs of the preent chapter briefly to confider all the everal pecies of defect in will, as they fall under ome one or other of thee general heads : as infancy, idiocy, lunacy, and intoxication, which fall under the firt clas ; misfortune, and Rh