Chapter the second.
Of the PERSONS CAPABLE of Crimes;
HAVING, in the preceding chapter, conſidered in general the nature of crimes, and puniſhments, we are next led, in the order of our diſtribution, to enquire what perſons are, or are not, capable of committing crimes; or, which is all one, who are exempted from the cenſures of the law upon the commiſſion of thoſe acts, which in other perſons would be ſeverely puniſhed. In the proceſs of which enquiry, we muſt have recourſe to particular and ſpecial exceptions: for the general rule is, that no perſon ſhall be excuſed from puniſhment for diſobedience to the laws of his country, excepting ſuch as are expreſſly defined and exempted by the laws themſelves.
All the ſeveral pleas and excuſes, which protect the committer of a forbidden act from the puniſhment which is otherwiſe annexed thereto, may be reduced to this ſingle conſideration, the want or defect of will. An involuntary act, as it has no claim to merit, ſo neither can it induce any guilt: the concurrence of the will, when it has it's choice either to do or to avoid the fact in queſtion, being the only thing that renders
