maleficium

1. Delictum and peccatum denote the lighter sort of offences; delictum, more the transgression of positive laws, from levity; peccatum (from παχύς), rather of the laws of nature and reason, from indiscretion. 2. A synonyme and as it were a circumlocution of the above words is malefactum; whereas maleficium and facinus involve a direct moral reference; maleficium is any misdeed which, as springing from evil intention, deserves punishment; but facinus, a crime which, in addition to the evil intention, excites astonishment and alarm from the extraordinary degree of daring requisite thereto. 3. There are as many sorts of evil deeds, as there are of duties, against oneself, against others, against the gods; flagitium (from βλαγίς) is an offence against oneself, against one’s own honor, by gluttony, licentiousness, cowardice; in short, by actions which are not the consequence of unbridled strength, but of moral weakness, as evincing ignavia, and incurring shame; whereas scelus (σκληρόν) is an offence against others, against the right of individuals, or the peace of society, by robbery, murder, and particularly by sedition, by the display, in short, of malice; nefas (ἄφατον) is an offence against the gods, or against nature, by blasphemy, sacrilege, murder of kindred, betrayal of one’s country; in short, by the display of impietas, an impious outrage. Tac. G. 12. (ii. 139.)