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