Thomas Gordon

“ Lawyers distinguish betwixt malum prohibitum and malum in se; that is, between crimes that are so in their own nature, and crimes that owe their pravity to a disobedience to positive laws. Of the former sort are all those actions, by which one man hurts another in his reputation, his person, or his fortune; and those actions are still more heinous, if they injure, or are intended to injure, the whole society. ”

“ The traitor had been suffered to carry a great point; he had abused the publick, and deceived the people. The Senate, therefore, took him to task: and there being no law subsisting, by which he could be put to death—Consules legibus constricti, nequaquam tantum virium in magistratu ad eam rem pro atrocitate vindicandum quantum animi haberent; they therefore created a dictator, an officer with power, for a time, to suspend laws, and make laws. ”

“ They would not allow a man to have it in his power to enslave his country. And, indeed, it is wisdom in a state, and a sign that they judge well, to suppose, that all men who can enslave them, will enslave them. Generosity, self-denial, and private and personal virtues, are in politicks but mere names, or rather cant-words, that go for nothing with wise men, though they may cheat the vulgar. ”

“ Laws, for the most part, do not make crimes, but suit and adapt punishments to such actions as all mankind knew to be crimes before. And though national governments should never enact any positive laws, never annex particular penalties to known offences; yet they would have a right, and it would be their duty to punish those offences according to their best discretion; much more so, if the crimes committed are so great, that no human wisdom could foresee that any man could be wicked and desperate enough to commit them. ”

“ But to infer from thence, that a villain may despise all the laws of God and nature, ruin thousands of his fellow-subjects, and overturn nations with impunity, because such villainy was too monstrous for human foresight and prevention, is something so absurd, that I am ashamed to confute it. ”

“ In Holland, there was no law against men's breaking fraudulently; yet the first man who was known to do so, was immediately executed, and his estate divided among his creditors.
In England, ’tis said, there was no law, till lately, against the burning of ships; yet, if any man had burned the Royal Navy of England, lying at anchor, ought not his crime, which it seems was not felony, to have been declared high-treason?
Many nations have had particular officers appointed on purpose to punish uncommon crimes, which were not within the reach of ordinary justice. The Romans had a dictator ”

“ He cajoled the people, intending to enslave them; and growing too powerful for a subject, became terrible to the common liberty, which is supported by equality: Ipse, ut est humanus animus insatiabilis eo quod fortuna spondet, ad altiora & non concessa tendere: The mind of man is restless, and cannot stand still, nor set bounds to its pursuits. ”

“ The latter sort consists of such crimes as result from what legislatures enact for the particular benefit of private societies; as laws concerning the regularity of trade, the manner of choosing magistrates, local orders; and from such positive institutions, as receive their force alone from the powers that enact them. Now those crimes were not so before they were declared so; and consequently, no man before was under any obligation to avoid them.
It would be very severe and unjust to punish any man for an undesigned transgression of the latter sort ”