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1053 u c h a p t e r x x i u Of the Communication of Punishments. I. 1. Our Enquiry concerning the Communication of Punishments, relates either to those 1 who are Accomplices in the Crime, or to others who are not so. Accomplices in a Crime are not said so properly to be punished for other Mens Faults, as 2 their own. Who they are then, is easily learnt from what has been already a said, in Reference to the Damages consequent upon an Injury. For generally,bythesameMeansaMan may be Partaker of another’s Crime, as he is made liable to the Reparation of such Damages; tho’anObligationtothisisnotalwaysattended with a Crime; but then only, when some more than ordinary Degree of Guilt concurs; whereas, to make a Man accountable for Damages received , the least Degree of Offence is frequently sufficient. 2. They therefore who command a wicked Action; who consent 3 to I. (1) See Pufendorf upon this Subject, Law of Nature and Nations, Lib. VIII. Cap. III. § 28. & seq. and Cap. VI. § 12. 2. Tertullian, De Resurrectione Carnis, Chap. XVI. For they will say that their Assistants and Companions are at their Liberty, either of helping and associating with them or not, that it is at their own Choice, and in their own Power, either to be one or the other, being no less than other People endued with Freedom of Will;andthattherefore, since they voluntarily concurred with them, they are as criminal as the Authorsthemselves. Grotius. 3. At the Death of St. Stephen, tho’ Saul kept only the Cloaths of those who stoned that holy Man, he stoned him by their Hands; as St. Austin observes. Saulus manibus omnium lapidabat. Serm. V. De Sanctis. Cap. IV. See something like this, Serm. I. in idem Argument. Cap. III. and Serm. XIV. Grotius. The Consent of Saul was not necessary; they would have stoned St. Stephen without him. So that this Example relates to another Class, or to the Case of those, who, I. How the Partakers of the Crime must partake of the Punishment. a Chap. 17. of this Book. 1054 chapter xxi it, when their Consent is necessary for committing it; 4 who afford their Assistance; 5 who shelter the Author of the Action, or are in any other Respect accessary to it, either 6 in advising, 7 commending, or encourconcurring little or nothing to the actual Production of a Crime, are united in Will with those who commit it, and inclined to assist in it very much, if necessary. 4. As when a Man shakes Money out of one’s Pocket, that another may seize it; or stops a Person, to give another Time to take something from him; or drives away Sheep or Oxen with a Piece of red Cloth; for Example, that they may fall into the Hands of a Thief; or places a Ladder against a Window; or breaks open a Door, or Window, for a Thief to enter; or lends him a Ladder to get up, or some Instrument of Iron to open with. These are the Examples mentioned in the Institutes; Interdum Furti tenetur, qui ipse furtum non fecit. Lib. IV. Tit. I. De obligationibus,quaeexdelicto nascuntur. § 11. See the Edict of Theodorick, Cap. CXX. Grotius. 5. Hieronym. super parabolas, Cap. XXIX. Vol. VII. p. 53. C. Edit. Froben. 1537. Not only the Thief, but the Person who, being privy to the Theft, conceals it from theParty robbed, is guilty. Chrysostom. De Statuis, Orat. XIV ou ◊ ga ’r oi ÿ e ◊piorkou ÷ntec, &c. Not only those who forswear themselves, but those who are acquainted with the Perjury, and conceal it, are criminal. Grotius. 6. See the Institutes, and Edict of Theodorick, where cited Note 4. According to an antient Law of Athens, he who had advised a Crime was liable to the same Punishment as he that committed it. Kai ’ ou fitoc o ÿ nómoc, &c. Andocid. (Orat. I. De Mysteriis, p. 219. Edit. Wech.) Aristotle says, that without the Advice given, hethat followed it would not have done the Fact. Rhetoric. Lib. I. Cap. VII. (p. 126. Edit. Victor. 527. Edit. Paris. Vol. II.) Grotius. What is here quoted from Aristotle, that Philosopher cites as from the Orator Leodamas, who grounds a Proof upon it, that he who gives bad Counsel is more criminal than he who follows it. Our Author, by Mistake, quoted here De Poetica, Cap. XVII. And it is necessary to remark further, that in the Passage of...

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