Of facts against the law, done to private men, the greater crime, is that, where the damage in the common opinion of men, is most sensible. And therefore To kill against the law, is a greater crime, than any other injury, life preserved. And to kill with torment, greater, than simply to kill. And mutilation of a limb, greater, than the spoiling a man of his goods. And the spoiling a man of his goods, by terror of death, or wounds, than by clandestine surreption. And by clandestine surreption, than by consent fraudulently obtained. And the violation of chastity by force, greater, than by flattery. And of a woman married, than of a woman not married. For all these things are commonly so valued: though some men are more, and some less sensible of the same offence. But the law regardeth not the particular, but the general inclination of mankind. And therefore the offence men take, from contumely, in words, or gesture, when they produce no other harm, than the present grief of him that is reproached, hath been neglected in the laws of the Greeks, Romans, and other both ancient and modern commonwealths; supposing the true cause of such grief to consist, not in the contumely, which takes no hold upon men conscious of their own virtue, but in the pusillanimity of him that is offended by it. Also a crime against a private man, is much aggravated by the person, time, and place. For to kill one’s parent, is a greater crime, than to kill another: for the parent ought to have the honour of a sovereign, though he surrendered his power to the civil law; because he had it originally by nature. And to rob a poor man, is a greater crime, than to rob a rich man; because it is to the poor a more sensible damage. And a crime committed in the time or place appointed for devotion, is greater, than if committed at another time or place: for it proceeds from a greater contempt of the law. Many other cases of aggravation, and extenuation might be added: but by these I have set down, it is obvious to every man, to take the altitude of any other crime proposed. [Sidenote: Public crimes what.] Lastly, because in almost all crimes there is an injury done, not only to some private men, but also to the commonwealth; the same crime, when the accusation is in the name of the commonwealth, is called public crime: and when in the name of a private man, a private crime; and the pleas according thereunto called public, _judicia publica_, Pleas of the Crown; or Private Pleas. As in an accusation of murder, if the accuser be a private man, the plea is a Private Plea; if the accuser be the sovereign, the plea is a Public Plea. ------- CHAPTER XXVIII. OF PUNISHMENTS AND REWARDS. [Sidenote: The definition of punishment.]