The primitive history of criminal law divides itself therefore into
four stages. Understanding that the conception of _Crime_, as
distinguished from that of _Wrong_ or _Tort_ and from that of _Sin_,
involves the idea of injury to the State or collective community, we
first find that the commonwealth, in literal conformity with the
conception, itself interposed directly, and by isolated acts, to
avenge itself on the author of the evil which it had suffered. This is
the point from which we start; each indictment is now a bill of pains
and penalties, a special law naming the criminal and prescribing his
punishment. A _second_ step is accomplished, when the multiplicity of
crimes compels the legislature to delegate its powers to particular
Quaestiones or Commissions, each of which is deputed to investigate a
particular accusation, and if it be proved, to punish the particular
offender. Yet _another_ movement is made when the legislature, instead
of waiting for the alleged commission of a crime as the occasion of
appointing a Quaestio, periodically nominates Commissioners like the
Quaestores Parricidii and the Duumviri Perduellionis, on the chance of
certain classes of crimes being committed, and in the expectation that
they _will_ be perpetrated. The _last_ stage is reached when the
Quaestiones from being periodical or occasional become permanent
Benches or Chambers--when the judges, instead of being named in the
particular law nominating the Commission, are directed to be chosen
through all future time in a particular way and from a particular
class--and when certain acts are described in general language and
declared to be crimes, to be visited, in the event of their
perpetration, with specified penalties appropriated to each
description.
Public-domain text, read in full here on John Shaqi.
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