The English works of Thomas Hobbes of Malmesbury, Volume 03 (of 11)Hobbes, Thomas
Philosophy
The English works of Thomas Hobbes of Malmesbury, Volume 03 (of 11)
Hobbes, Thomas
Philosophy, English -- 17th century
Again, if we compare crimes by the mischief of their effects; first, the
same fact, when it redounds to the damage of many, is greater, than when
it redounds to the hurt of few. And therefore, when a fact hurteth, not
only in the present, but also, by example, in the future, it is a
greater crime, than if it hurt only in the present: for the former, is a
fertile crime, and multiplies to the hurt of many; the latter is barren.
To maintain doctrines contrary to the religion established in the
commonwealth, is a greater fault, in an authorized preacher, than in a
private person: so also is it, to live profanely, incontinently, or do
any irreligious act whatsoever. Likewise in a professor of the law, to
maintain any point, or do any act, that tendeth to the weakening of the
sovereign power, is a greater crime, than in another man: also in a man
that hath such reputation for wisdom, as that his counsels 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 only commit
crime, but teach it for law to all other men. And generally all crimes
are the greater, by the scandal 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 man carry before them.
[Sidenote: Læsa Majestas.]
Also facts of hostility against the present state of the commonwealth,
are greater crimes, than the same acts done to private men: for the
damage extends itself to all: such are the betraying of the strengths,
or revealing of the secrets of the commonwealth to an enemy; also all
attempts upon the representative of the commonwealth, 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 Latins understand by _crimina læsæ majestatis_, and
consist in design, or act, contrary to a fundamental law.
[Sidenote: Bribery and false testimony.]
Likewise those crimes, which render judgments of no effect, are greater
crimes, than injuries done to one, or a few persons; as to receive money
to give false judgment, or testimony, is a greater crime, than otherwise
to deceive a man of the like, or a greater sum; because not only he has
wrong, that falls by such judgments; but all judgments are rendered
useless, and occasion ministered to force, and private revenges.
[Sidenote: Depeculation.]
Also robbery, and depeculation of the public treasure, or revenues, is a
greater crime, than the robbing, or defrauding of a private man; because
to rob the public, is to rob many at once.
[Sidenote: Counterfeiting authority.]
Also the counterfeit usurpation of public ministry, the counterfeiting
of public seals or public coin, than counterfeiting of a private man’s
person, or his seal; because the fraud thereof, extendeth to the damage
of many.
[Sidenote: Crimes against private men compared.]
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