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