Leviathan eBook

This eBook from the Gutenberg Project consists of approximately 732 pages of information about Leviathan.

Leviathan eBook

This eBook from the Gutenberg Project consists of approximately 732 pages of information about Leviathan.

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.

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Leviathan from Project Gutenberg. Public domain.