" The same author, (1 Cr.
Prac. Sec.521), repeated in other words, the same idea: "In order to
render a party criminally responsible, _a vicious will_ must concur with
a wrongful act."
I quote from a more distinguished author: "_Felony is always accompanied
with an evil intention, and therefore shall not be imputed to a mere
mistake, or misanimadversion_, as where persons break open a door, in
order to execute a warrant, which will not justify such proceeding:
_Affectio enim tua nomen imponit operi tuo: item crimen non contrahitur
nisi nocendi, voluntas intercedat_," which, as I understand, may read:
"For your volition puts the name upon your act; and _a crime is not
committed unless the will of the offender takes part in it_."
1 Hawk. P.C., p. 99, Ch. 85, Sec.3.
This quotation by Hawkins is, I believe, from Bracton, which carries the
principle back to a very early period in the existence of the common
law. It is a principle, however, which underlies all law, and must have
been recognized at all times, wherever criminal law has been
administered, with even the slightest reference to the principles of
common morality and justice.
I quote again on this subject from Mr. Bishop: "The doctrine of _the
intent_ as it prevails in the criminal law, is necessarily _one of the
foundation principles of public justice_.
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