Sinne What
A Sinne, is not onely a Transgression of a Law, but also any Contempt of
the Legislator. For such Contempt, is a breach of all his Lawes at once.
And therefore may consist, not onely in the Commission of a Fact, or in
the Speaking of Words by the Lawes forbidden, or in the Omission of
what the Law commandeth, but also in the Intention, or purpose to
transgresse. For the purpose to breake the Law, is some degree of
Contempt of him, to whom it belongeth to see it executed. To be
delighted in the Imagination onely, of being possessed of another mans
goods, servants, or wife, without any intention to take them from him
by force, or fraud, is no breach of the Law, that sayth, "Thou shalt not
covet:" nor is the pleasure a man my have in imagining, or dreaming of
the death of him, from whose life he expecteth nothing but dammage, and
displeasure, a Sinne; but the resolving to put some Act in execution,
that tendeth thereto. For to be pleased in the fiction of that, which
would please a man if it were reall, is a Passion so adhaerent to the
Nature both of a man, and every other living creature, as to make it a
Sinne, were to make Sinne of being a man. The consideration of this,
has made me think them too severe, both to themselves, and others, that
maintain, that the First motions of the mind, (though checked with the
fear of God) be Sinnes. But I confesse it is safer to erre on that hand,
than on the other.
A Crime What
A Crime, is a sinne, consisting in the Committing (by Deed, or Word)
of that which the Law forbiddeth, or the Omission of what it hath
commanded. So that every Crime is a sinne; but not every sinne a Crime.
To intend to steale, or kill, is a sinne, though it never appeare in
Word, or Fact: for God that seeth the thoughts of man, can lay it to
his charge: but till it appear by some thing done, or said, by which
the intention may be Crime; which distinction the Greeks observed in
the word amartema, and egklema, or aitia; wherof the former, (which is
translated Sinne,) signifieth any swarving from the Law whatsoever; but
the two later, (which are translated Crime,) signifie that sinne onely,
whereof one man may accuse another. But of Intentions, which never
appear by any outward act, there is no place for humane accusation. In
like manner the Latines by Peccatum, which is Sinne, signifie all manner
of deviation from the Law; but by crimen, (which word they derive from
Cerno, which signifies to perceive,) they mean onely such sinnes, as my
be made appear before a Judge; and therfore are not meer Intentions.
Where No Civill Law Is, There Is No Crime
From this relation of Sinne to the Law, and of Crime to the Civill
Law, may be inferred, First, that where Law ceaseth, Sinne ceaseth.
But because the Law of Nature is eternall, Violation of Covenants,
Ingratitude, Arrogance, and all Facts contrary to any Morall vertue, can
never cease to be Sinne. Secondly, that the Civill Law ceasing, Crimes
cease: for there being no other Law remaining, but that of Nature, there
is no place for Accusation; every man being his own Judge, and accused
onely by his own Conscience, and cleared by the Uprightnesse of his own
Intention. When therefore his Intention is Right, his fact is no Sinne:
if otherwise, his fact is Sinne; but not Crime. Thirdly, That when the
Soveraign Power ceaseth, Crime also ceaseth: for where there is no such
Power, there is no protection to be had from the Law; and therefore
every one may protect himself by his own power: for no man in the
Institution of Soveraign Power can be supposed to give away the Right
of preserving his own body; for the safety whereof all Soveraignty was
ordained. But this is to be understood onely of those, that have not
themselves contributed to the taking away of the Power that protected
them: for that was a Crime from the beginning.
Ignorance Of The Law Of Nature Excuseth No Man
The source of every Crime, is some defect of the Understanding; or some
errour in Reasoning, or some sudden force of the Passions. Defect in
the Understanding, is Ignorance; in Reasoning, Erroneous Opinion. Again,
ignorance is of three sort; of the Law, and of the Soveraign, and of the
Penalty. Ignorance of the Law of Nature Excuseth no man; because every
man that hath attained to the use of Reason, is supposed to know, he
ought not to do to another, what he would not have done to himselfe.
Therefore into what place soever a man shall come, if he do any thing
contrary to that Law, it is a Crime. If a man come from the Indies
hither, and perswade men here to receive a new Religion, or teach them
any thing that tendeth to disobedience of the Lawes of this Country,
though he be never so well perswaded of the truth of what he teacheth,
he commits a Crime, and may be justly punished for the same, not onely
because his doctrine is false, but also because he does that which he
would not approve in another, namely, that comming from hence, he should
endeavour to alter the Religion there. But ignorance of the Civill Law,
shall Excuse a man in a strange Country, till it be declared to him;
because, till then no Civill Law is binding.
Ignorance Of The Civill Law Excuseth Sometimes
In the like manner, if the Civill Law of a mans own Country, be not
so sufficiently declared, as he may know it if he will; nor the Action
against the Law of Nature; the Ignorance is a good Excuse: In other
cases ignorance of the Civill Law, Excuseth not.
Ignorance Of The Soveraign Excuseth Not
Ignorance of the Soveraign Power, in the place of a mans ordinary
residence, Excuseth him not; because he ought to take notice of the
Power, by which he hath been protected there.
Ignorance Of The Penalty Excuseth Not
Ignorance of the Penalty, where the Law is declared, Excuseth no man:
For in breaking the Law, which without a fear of penalty to follow, were
not a Law, but vain words, he undergoeth the penalty, though he know not
what it is; because, whosoever voluntarily doth any action, accepteth
all the known consequences of it; but Punishment is a known consequence
of the violation of the Lawes, in every Common-wealth; which punishment,
if it be determined already by the Law, he is subject to that; if not,
then is he subject to Arbitrary punishment. For it is reason, that he
which does Injury, without other limitation than that of his own Will,
should suffer punishment without other limitation, than that of his Will
whose Law is thereby violated.
Punishments Declared Before The Fact, Excuse From Greater Punishments
After It
But when a penalty, is either annexed to the Crime in the Law it selfe,
or hath been usually inflicted in the like cases; there the Delinquent
is Excused from a greater penalty. For the punishment foreknown, if not
great enough to deterre men from the action, is an invitement to it:
because when men compare the benefit of their Injustice, with the harm
of their punishment, by necessity of Nature they choose that which
appeareth best for themselves; and therefore when they are punished more
than the Law had formerly determined, or more than others were punished
for the same Crime; it the Law that tempted, and deceiveth them.
Nothing Can Be Made A Crime By A Law Made After The Fact
No Law, made after a Fact done, can make it a Crime: because if the
Fact be against the Law of Nature, the Law was before the Fact; and a
Positive Law cannot be taken notice of, before it be made; and therefore
cannot be Obligatory. But when the Law that forbiddeth a Fact, is made
before the Fact be done; yet he that doth the Fact, is lyable to the
Penalty ordained after, in case no lesser Penalty were made known
before, neither by Writing, nor by Example, for the reason immediatly
before alledged.
False Principles Of Right And Wrong Causes Of Crime
From defect in Reasoning, (that is to say, from Errour,) men are prone
to violate the Lawes, three wayes. First, by Presumption of false
Principles; as when men from having observed how in all places, and
in all ages, unjust Actions have been authorised, by the force, and
victories of those who have committed them; and that potent men,
breaking through the Cob-web Lawes of their Country, the weaker sort,
and those that have failed in their Enterprises, have been esteemed the
onely Criminals; have thereupon taken for Principles, and grounds of
their Reasoning, "That Justice is but a vain word: That whatsoever a man
can get by his own Industry, and hazard, is his own: That the Practice
of all Nations cannot be unjust: That examples of former times are good
Arguments of doing the like again;" and many more of that kind: Which
being granted, no Act in it selfe can be a Crime, but must be made so
(not by the Law, but) by the successe of them that commit it; and the
same Fact be vertuous, or vicious, as Fortune pleaseth; so that what
Marius makes a Crime, Sylla shall make meritorious, and Caesar (the same
Lawes standing) turn again into a Crime, to the perpetuall disturbance
of the Peace of the Common-wealth.
False Teachers Mis-interpreting The Law Of Nature Secondly, by false
Teachers, that either mis-interpret the Law of Nature, making it thereby
repugnant to the Law Civill; or by teaching for Lawes, such Doctrines of
their own, or Traditions of former times, as are inconsistent with the
duty of a Subject.
And False Inferences From True Principles, By Teachers
Thirdly, by Erroneous Inferences from True Principles; which happens
commonly to men that are hasty, and praecipitate in concluding, and
resolving what to do; such as are they, that have both a great opinion
of their own understanding, and believe that things of this nature
require not time and study, but onely common experience, and a good
naturall wit; whereof no man thinks himselfe unprovided: whereas the
knowledge, of Right and Wrong, which is no lesse difficult, there is no
man will pretend to, without great and long study. And of those defects
in Reasoning, there is none that can Excuse (though some of them may
Extenuate) a Crime, in any man, that pretendeth to the administration of
his own private businesse; much lesse in them that undertake a publique
charge; because they pretend to the Reason, upon the want whereof they
would ground their Excuse.
By Their Passions;
Of the Passions that most frequently are the causes of Crime, one,
is Vain-glory, or a foolish over-rating of their own worth; as if
difference of worth, were an effect of their wit, or riches, or bloud,
or some other naturall quality, not depending on the Will of those that
have the Soveraign Authority. From whence proceedeth a Presumption that
the punishments ordained by the Lawes, and extended generally to all
Subjects, ought not to be inflicted on them, with the same rigour they
are inflicted on poore, obscure, and simple men, comprehended under the
name of the Vulgar.
Presumption Of Riches
Therefore it happeneth commonly, that such as value themselves by the
greatnesse of their wealth, adventure on Crimes, upon hope of escaping
punishment, by corrupting publique Justice, or obtaining Pardon by Mony,
or other rewards.
And Friends
And that such as have multitude of Potent Kindred; and popular men, that
have gained reputation amongst the Multitude, take courage to violate
the Lawes, from a hope of oppressing the Power, to whom it belongeth to
put them in execution.
Wisedome
And that such as have a great, and false opinion of their own Wisedome,
take upon them to reprehend the actions, and call in question the
Authority of them that govern, and so to unsettle the Lawes with their
publique discourse, as that nothing shall be a Crime, but what their own
designes require should be so. It happeneth also to the same men, to be
prone to all such Crimes, as consist in Craft, and in deceiving of their
Neighbours; because they think their designes are too subtile to be
perceived. These I say are effects of a false presumption of their own
Wisdome. For of them that are the first movers in the disturbance of
Common-wealth, (which can never happen without a Civill Warre,) very few
are left alive long enough, to see their new Designes established: so
that the benefit of their Crimes, redoundeth to Posterity, and such as
would least have wished it: which argues they were not as wise, as
they thought they were. And those that deceive upon hope of not being
observed, do commonly deceive themselves, (the darknesse in which they
believe they lye hidden, being nothing else but their own blindnesse;)
and are no wiser than Children, that think all hid, by hiding their own
eyes.
And generally all vain-glorious men, (unlesse they be withall timorous,)
are subject to Anger; as being more prone than others to interpret for
contempt, the ordinary liberty of conversation: And there are few Crimes
that may not be produced by Anger.
Hatred, Lust, Ambition, Covetousnesse, Causes Of Crime
As for the Passions, of Hate, Lust, Ambition, and Covetousnesse, what
Crimes they are apt to produce, is so obvious to every mans experience
and understanding, as there needeth nothing to be said of them, saving
that they are infirmities, so annexed to the nature, both of man, and
all other living creatures, as that their effects cannot be hindred,
but by extraordinary use of Reason, or a constant severity in punishing
them. For in those things men hate, they find a continuall, and
unavoydable molestation; whereby either a mans patience must be
everlasting, or he must be eased by removing the power of that which
molesteth him; The former is difficult; the later is many times
impossible, without some violation of the Law. Ambition, and
Covetousnesse are Passions also that are perpetually incumbent, and
pressing; whereas Reason is not perpetually present, to resist them:
and therefore whensoever the hope of impunity appears, their effects
proceed. And for Lust, what it wants in the lasting, it hath in the
vehemence, which sufficeth to weigh down the apprehension of all easie,
or uncertain punishments.
Fear Sometimes Cause Of Crime, As When The Danger Is Neither Present,
Nor Corporeall
Of all Passions, that which enclineth men least to break the Lawes, is
Fear. Nay, (excepting some generous natures,) it is the onely thing,
(when there is apparence of profit, or pleasure by breaking the Lawes,)
that makes men keep them. And yet in many cases a Crime may be committed
through Feare.
For not every Fear justifies the Action it produceth, but the fear onely
of corporeall hurt, which we call Bodily Fear, and from which a man
cannot see how to be delivered, but by the action. A man is assaulted,
fears present death, from which he sees not how to escape, but by
wounding him that assaulteth him; If he wound him to death, this is no
Crime; because no man is supposed at the making of a Common-wealth, to
have abandoned the defence of his life, or limbes, where the Law cannot
arrive time enough to his assistance. But to kill a man, because from
his actions, or his threatnings, I may argue he will kill me when he
can, (seeing I have time, and means to demand protection, from the
Soveraign Power,) is a Crime. Again, a man receives words of disgrace,
or some little injuries (for which they that made the Lawes, had
assigned no punishment, nor thought it worthy of a man that hath the use
of Reason, to take notice of,) and is afraid, unlesse he revenge it,
he shall fall into contempt, and consequently be obnoxious to the like
injuries from others; and to avoyd this, breaks the Law, and protects
himselfe for the future, by the terrour of his private revenge. This is
a Crime; For the hurt is not Corporeall, but Phantasticall, and (though
in this corner of the world, made sensible by a custome not many years
since begun, amongst young and vain men,) so light, as a gallant man,
and one that is assured of his own courage, cannot take notice of. Also
a man may stand in fear of Spirits, either through his own superstition,
or through too much credit given to other men, that tell him of strange
Dreams and visions; and thereby be made believe they will hurt him, for
doing, or omitting divers things, which neverthelesse, to do, or omit,
is contrary to the Lawes; And that which is so done, or omitted, is not
to be Excused by this fear; but is a Crime. For (as I have shewn before
in the second Chapter) Dreams be naturally but the fancies remaining in
sleep, after the impressions our Senses had formerly received waking;
and when men are by any accident unassured they have slept, seem to be
reall Visions; and therefore he that presumes to break the Law upon his
own, or anothers Dream, or pretended Vision, or upon other Fancy of
the power of Invisible Spirits, than is permitted by the Common-wealth,
leaveth the Law of Nature, which is a certain offence, and followeth the
imagery of his own, or another private mans brain, which he can never
know whether it signifieth any thing, or nothing, nor whether he that
tells his Dream, say true, or lye; which if every private man should
have leave to do, (as they must by the Law of Nature, if any one have
it) there could no Law be made to hold, and so all Common-wealth would
be dissolved.
Crimes Not Equall
From these different sources of Crimes, it appeares already, that all
Crimes are not (as the Stoicks of old time maintained) of the same
allay. There is place, not only for EXCUSE, by which that which seemed
a Crime, is proved to be none at all; but also for EXTENUATION, by which
the Crime, that seemed great, is made lesse. For though all Crimes doe
equally deserve the name of Injustice, as all deviation from a strait
line is equally crookednesse, which the Stoicks rightly observed; yet
it does not follow that all Crimes are equally unjust, no more than that
all crooked lines are equally crooked; which the Stoicks not observing,
held it as great a Crime, to kill a Hen, against the Law, as to kill
ones Father.
Totall Excuses
That which totally Excuseth a Fact, and takes away from it the nature of
a Crime, can be none but that, which at the same time, taketh away the
obligation of the Law. For the fact committed once against the Law,
if he that committed it be obliged to the Law, can be no other than a
Crime.
The want of means to know the Law, totally Excuseth: For the Law whereof
a man has no means to enforme himself, is not obligatory. But the want
of diligence to enquire, shall not be considered as a want of means; Nor
shall any man, that pretendeth to reason enough for the Government of
his own affairs, be supposed to want means to know the Lawes of Nature;
because they are known by the reason he pretends to: only Children, and
Madmen are Excused from offences against the Law Naturall.
Where a man is captive, or in the power of the enemy, (and he is then in
the power of the enemy, when his person, or his means of living, is
so,) if it be without his own fault, the Obligation of the Law ceaseth;
because he must obey the enemy, or dye; and consequently such obedience
is no Crime: for no man is obliged (when the protection of the Law
faileth,) not to protect himself, by the best means he can.
If a man by the terrour of present death, be compelled to doe a fact
against the Law, he is totally Excused; because no Law can oblige a
man to abandon his own preservation. And supposing such a Law were
obligatory; yet a man would reason thus, "If I doe it not, I die
presently; if I doe it, I die afterwards; therefore by doing it, there
is time of life gained;" Nature therefore compells him to the fact.
When a man is destitute of food, or other thing necessary for his life,
and cannot preserve himselfe any other way, but by some fact against
the Law; as if in a great famine he take the food by force, or stealth,
which he cannot obtaine for mony nor charity; or in defence of his life,
snatch away another mans Sword, he is totally Excused, for the reason
next before alledged.
Excuses Against The Author
Again, Facts done against the Law, by the authority of another, are
by that authority Excused against the Author; because no man ought to
accuse his own fact in another, that is but his instrument: but it
is not Excused against a third person thereby injured; because in the
violation of the law, bothe the Author, and Actor are Criminalls.
From hence it followeth that when that Man, or Assembly, that hath the
Soveraign Power, commandeth a man to do that which is contrary to a
former Law, the doing of it is totally Excused: For he ought not to
condemn it himselfe, because he is the Author; and what cannot justly
be condemned by the Soveraign, cannot justly be punished by any other.
Besides, when the Soveraign commandeth any thing to be done against
his own former Law, the Command, as to that particular fact, is an
abrogation of the Law.
If that Man, or Assembly, that hath the Soveraign Power, disclaime
any Right essentiall to the Soveraignty, whereby there accrueth to the
Subject, any liberty inconsistent with the Soveraign Power, that is to
say, with the very being of a Common-wealth, if the Subject shall refuse
to obey the Command in any thing, contrary to the liberty granted, this
is neverthelesse a Sinne, and contrary to the duty of the Subject: for
he ought to take notice of what is inconsistent with the Soveraignty,
because it was erected by his own consent, and for his own defence;
and that such liberty as is inconsistent with it, was granted through
ignorance of the evill consequence thereof. But if he not onely disobey,
but also resist a publique Minister in the execution of it, then it is
a Crime; because he might have been righted, (without any breach of the
Peace,) upon complaint.
The Degrees of Crime are taken on divers Scales, and measured, First, by
the malignity of the Source, or Cause: Secondly, by the contagion of the
Example: Thirdly, by the mischiefe of the Effect; and Fourthly, by the
concurrence of Times, Places, and Persons.
Presumption Of Power, Aggravateth
The same Fact done against the Law, if it proceed from Presumption of
strength, riches, or friends to resist those that are to execute the
Law, is a greater Crime, than if it proceed from hope of not being
discovered, or of escape by flight: For Presumption of impunity by
force, is a Root, from whence springeth, at all times, and upon all
temptations, a contempt of all Lawes; whereas in the later case, the
apprehension of danger, that makes a man fly, renders him more obedient
for the future. A Crime which we know to be so, is greater than the same
Crime proceeding from a false perswasion that it is lawfull: For he that
committeth it against his own conscience, presumeth on his force, or
other power, which encourages him to commit the same again: but he that
doth it by errour, after the errour shewn him, is conformable to the
Law.
Evill Teachers, Extenuate
Hee, whose errour proceeds from the authority of a Teacher, or an
Interpreter of the Law publiquely authorised, is not so faulty, as he
whose errour proceedeth from a peremptory pursute of his own principles,
and reasoning: For what is taught by one that teacheth by publique
Authority, the Common-wealth teacheth, and hath a resemblance of Law,
till the same Authority controuleth it; and in all Crimes that contain
not in them a denyall of the Soveraign Power, nor are against an evident
Law, Excuseth totally: whereas he that groundeth his actions, on his
private Judgement, ought according to the rectitude, or errour thereof,
to stand, or fall.
Examples Of Impunity, Extenuate
The same Fact, if it have been constantly punished in other men, as
a greater Crime, than if there have been may precedent Examples of
impunity. For those Examples, are so many hopes of Impunity given by
the Soveraign himselfe: And because he which furnishes a man with such
a hope, and presumption of mercy, as encourageth him to offend, hath his
part in the offence; he cannot reasonably charge the offender with the
whole.
Praemeditation, Aggravateth
A Crime arising from a sudden Passion, is not so great, as when the same
ariseth from long meditation: For in the former case there is a place
for Extenuation, in the common infirmity of humane nature: but he that
doth it with praemeditation, has used circumspection, and cast his eye,
on the Law, on the punishment, and on the consequence thereof to humane
society; all which in committing the Crime, hee hath contemned, and
postposed to his own appetite. But there is no suddennesse of Passion
sufficient for a totall Excuse: For all the time between the first
knowing of the Law, and the Commission of the Fact, shall be taken for
a time of deliberation; because he ought by meditation of the Law, to
rectifie the irregularity of his Passions.
Where the Law is publiquely, and with assiduity, before all the people
read, and interpreted; a fact done against it, is a greater Crime,
than where men are left without such instruction, to enquire of it with
difficulty, uncertainty, and interruption of their Callings, and
be informed by private men: for in this case, part of the fault is
discharged upon common infirmity; but in the former there is apparent
negligence, which is not without some contempt of the Soveraign Power.
Tacite Approbation Of The Soveraign, Extenuates
Those facts which the Law expresly condemneth, but the Law-maker by
other manifest signes of his will tacitly approveth, are lesse Crimes,
than the same facts, condemned both by the Law, and Lawmaker. For
seeing the will of the Law-maker is a Law, there appear in this case two
contradictory Lawes; which would totally Excuse, if men were bound to
take notice of the Soveraigns approbation, by other arguments, than are
expressed by his command. But because there are punishments consequent,
not onely to the transgression of his Law, but also to the observing
of it, he is in part a cause of the transgression, and therefore cannot
reasonably impute the whole Crime to the Delinquent. For example, the
Law condemneth Duells; the punishment is made capitall: On the contrary
part, he that refuseth Duell, is subject to contempt and scorne, without
remedy; and sometimes by the Soveraign himselfe thought unworthy to
have any charge, or preferment in Warre: If thereupon he accept Duell,
considering all men lawfully endeavour to obtain the good opinion
of them that have the Soveraign Power, he ought not in reason to be
rigorously punished; seeing part of the fault may be discharged on the
punisher; which I say, not as wishing liberty of private revenges,
or any other kind of disobedience; but a care in Governours, not
to countenance any thing obliquely, which directly they forbid. The
examples of Princes, to those that see them, are, and ever have been,
more potent to govern their actions, than the Lawes themselves. And
though it be our duty to do, not what they do, but what they say; yet
will that duty never be performed, till it please God to give men an
extraordinary, and supernaturall grace to follow that Precept.
Comparison Of Crimes From Their Effects
Again, if we compare Crimes by the mischiefe of their Effects, First,
the same fact, when it redounds to the dammage of many, is greater, than
when it redounds to the hurt of few. And therefore, when a fact hurteth,
not onely in the present, but also, (by example) in the future, it is a
greater Crime, than if it hurt onely in the present: for the former,
is a fertile Crime, and multiplyes to the hurt of many; the later is
barren. To maintain doctrines contrary to the Religion established in
the Common-wealth, is a greater fault, in an authorised Preacher, than
in a private person: So also is it, to live prophanely, incontinently,
or do any irreligious act whatsoever. Likewise in a Professor of the
Law, to maintain any point, on do any act, that tendeth to the weakning
of the Soveraign Power, as a greater Crime, than in another man: Also in
a man that hath such reputation for wisedome, as that his counsells are
followed, or his actions imitated by many, his fact against the Law, is
a greater Crime, than the same fact in another: For such men not onely
commit Crime, but teach it for Law to all other men. And generally all
Crimes are the greater, by the scandall they give; that is to say, by
becoming stumbling-blocks to the weak, that look not so much upon the
way they go in, as upon the light that other men carry before them.
Laesae Majestas
Also Facts of Hostility against the present state of the Common-wealth,
are greater Crimes, than the same acts done to private men; For
the dammage extends it selfe to all: Such are the betraying of the
strengths, or revealing of the secrets of the Common-wealth to an Enemy;
also all attempts upon the Representative of the Common-wealth, be it a
monarch, or an Assembly; and all endeavours by word, or deed to diminish
the Authority of the same, either in the present time, or in succession:
which Crimes the Latines understand by Crimina Laesae Majestatis, and
consist in designe, or act, contrary to a Fundamentall Law.
Bribery And False Testimony
Likewise those Crimes, which render Judgements of no effect, are greater
Crimes, than Injuries done to one, or a few persons; as to receive
mony to give False judgement, or testimony, is a greater Crime, than
otherwise to deceive a man of the like, or a greater summe; because not
onely he has wrong, that falls by such judgements; but all Judgements
are rendered uselesse, and occasion ministred to force, and private
revenges.
Depeculation
Also Robbery, and Depeculation of the Publique treasure, or Revenues,
is a greater Crime, than the robbing, or defrauding of a Private man;
because to robbe the publique, is to robbe many at once.
Counterfeiting Authority
Also the Counterfeit usurpation of publique Ministery, the
Counterfeiting of publique Seales, or publique Coine, than
counterfeiting of a private mans person, or his seale; because the fraud
thereof, extendeth to the dammage of many.
Crimes Against Private Men Compared
Of facts against the Law, done to private men, the greater Crime, is
that, where the dammage in the common opinion of men, is most sensible.
And therefore
To kill against the Law, is a greater Crime, that any other injury, life
preserved.
And to kill with Torment, greater, than simply to kill.
And Mutilation of a limbe, greater, than the spoyling a man of his
goods.
And the spoyling a man of his goods, by Terrour 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 lesse sensible of the same offence. But the Law regardeth not
the particular, but the generall inclination of mankind.
And therefore the offence men take, from contumely, in words, or
gesture, when they produce no other harme, than the present griefe of
him that is reproached, hath been neglected in the Lawes of the Greeks,
Romans, and other both antient, and moderne Common-wealths; supposing
the true cause of such griefe to consist, not in the contumely, (which
takes no hold upon men conscious of their own Vertue,) 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 ones Parent, is a greater Crime, than to
kill another: for the Parent ought to have the honour of a Soveraign,
(though he have surrendred his Power to the Civill Law,) because he had
it originally by Nature. And to Robbe a poore man, is a greater Crime,
than to robbe a rich man; because ’tis to the poore a more sensible
dammage.
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.
Publique Crimes What
Lastly, because in almost all Crimes there is an Injury done, not onely
to some Private man, but also to the Common-wealth; the same Crime, when
the accusation is in the name of the Common-wealth, is called Publique
Crime; and when in the name of a Private man, a Private Crime; And the
Pleas according thereunto called Publique, 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
Soveraign, the plea is a Publique plea.