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From the period at which these crimina extraordinaria were first recognised, the list of crimes in the Roman State must have been as long as in any community of the modern world. It is unnecessary to describe with any minuteness the mode of administering criminal justice under the Roman Empire, but it is to be noted that both its theory and practice have had powerful effect on modern society.
Lucian is the Voltaire of a credulous age. As for sacerdotal magic, Ovid explicitly ascribed the ex opere operato doctrine to the Greeks. Graecia principium moris fuit; illa nocentes impia lustratos ponere facta putat, a nimium faciles, qui tristia crimina caedis fluminea tolli posse putatis aqua. The Christian Church was the last great creative achievement of the classical culture.
The ostensible reason assigned by Augustus for banishing Ovid, was his corrupting the Roman youth by lascivious publications; but it is evident, from various passages in the poet's productions after this period, that there was, besides, some secret reason, which would not admit of being divulged. He says in his Tristia, Lib. ii. 1 Perdiderent cum me duo crimina, carmen et errors.
'Ah nimium faciles, qui tristia crimina coedis Fluminea tolli posse putetis aqua. Thou seest the heathen were not all fools. No more are we. Not all." Fra Colonna uttered all this with such volubility, that his hearers could not edge in a word of remonstrance; and not being interrupted in praising his favourites, he recovered his good humour, without any diminution of his volubility.
"Matutina ligat Christum qui crimina purgat." "Although I should die with Thee, I will not deny Thee." "And in like manner also said they all." "Pray, lest you enter into temptation," "And being in agony He prayed the longer." "Friend, whereunto art thou come? " "And they holding Jesus led Him away" the Garden. "Art thou one of His disciples?"
Also Facts of Hostility against the present state of the Common-wealth, are greater Crimes, than the same acts done to private men; For the dammage extends it selfe to all: Such are the betraying of the strengths, or revealing of the secrets of the Common-wealth to an Enemy; also all attempts upon the Representative of the Common-wealth, be it a monarch, or an Assembly; and all endeavours by word, or deed to diminish the Authority of the same, either in the present time, or in succession: which Crimes the Latines understand by Crimina Laesae Majestatis, and consist in designe, or act, contrary to a Fundamentall Law.
Hic locus 1 odit, 2 amat, 3 punit, 4 conservat, 5 honorat, 1 Nequitiam, 2 pacem, 3 crimina, 4 jura, 5 probos. Thus Englished by G. Sandys. This place doth 1 hate, 2 love, 3 punish, 4 keep, 5 requite, 1 voluptuous not, 2 peace, 3 crimes, 4 laws, 5 th' upright From Heylyn's Cosmographie.
Forgive, and you will feel universal absolution rising to you from the whole world, in token of your ascent Haec est vera fraternitas, quae vicit mundi crimina. =The religious sentiment in children=. But few researches have been made into the crises of conscience and the spontaneous religious sentiment of children.
All civilised systems agree in drawing a distinction between offences against the State or Community and offences against the Individual, and the two classes of injuries, thus kept apart, I may here, without pretending that the terms have always been employed consistently in jurisprudence, call Crimes and Wrongs, crimina and delicta.
Still, even after Augustus had completed his legislation, several offences continued to be regarded as Wrongs, which modern societies look upon exclusively as Crimes; nor did they become criminally punishable till some late but uncertain date, at which the law began to take notice of a new description of offences called in the Digest crimina extraordinaria.
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