human actions either praiſeworthy or culpable. Indeed, to make a complete crime, cognizable by human laws, there muft be both a will and an act. For though, in foro conſcientiae, a fixed deſign or will to do an unlawful act is almoſt as heinous as the commiſſion of it, yet, as no temporal tribunal can ſearch the heart, or fathom the intentions of the mind, otherwiſe than as they are demonſtrated by outward actions, it therefore cannot puniſh for what it cannot know. For which reaſon in all temporal juriſdictions an overt act, or ſome open evidence of an intended crime, is neceſſary, in order to demonſtrate the depravity of the will, before the man is liable to puniſhment. And, as a vitious will without a vitious act is no civil crime, ſo, on the other hand, an unwarrantable act without a vitious will is no crime at all. So that to conſtitute a crime againſt human laws, there muſt be, firſt, a vitious will ; and, ſecondly, an unlawful act conſequent upon ſuch vitious will.
Now there are three cafes, in which the will does not join with the act: 1. Where there is a defect of underſtanding. For where there is no diſcernment, there is no choice ; and where there is no choice, there can be no act of the will, which is nothing elſe but a determination of one's choice, to do or to abſtain from a particular action: he therefore, that has no underſtanding, can have no will to guide his conduct. 2. Where there is underſtanding and will ſufficient, reſiding in the party; but not called forth and exerted at the time of the action done: which is the cafe of all offences committed by chance or ignorance. Here the will fits neuter; and neither concurs with the act, nor diſagrees to it. 3. Where the action is conſtrained by ſome outward force and violence. Here the will counteracts the deed ; and is ſo far from concurring with, that it loaths and diſagrees to, what the man is obliged to perform. It will be the buſinefs of the preſent chapter briefly to confider all the ſeveral ſpecies of defect in will, as they fall under ſome one or other of theſe general heads : as infancy, idiocy, lunacy, and intoxication, which fall under the firſt claſs ; misfortune, and
