The English works of Thomas Hobbes of Malmesbury, Volume 03 (of 11)
Thomas Hobbes · en
A CRIME, is a sin, 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 sin; but not every sin a crime. To
intend to steal, or kill, is a sin, though it never appear in word, or
fact: for God that seeth the thoughts of man, can lay it to his charge:
but till it appear by something done, or said, by which the intention
may be argued by a human judge, it hath not the name of crime: which
distinction the Greeks observed, in the word ἁμάρτημα, and ἔγκλημα, or
ἀιτία; whereof the former, which is translated _sin_, signifieth any
swerving from the law whatsoever; but the two latter, which are
translated _crime_, signify that sin only, whereof one man may accuse
another. But of intentions, which never appear by any outward act, there
is no place for human accusation. In like manner the Latins by
_peccatum_, which is _sin_, signify all manner of deviation from the
law; but by _crimen_, which word they derive from _cerno_, which
signifies _to perceive_, they mean only such sins, as may be made appear
before a judge; and therefore are not mere intentions.
[Sidenote: Where no civil law is, there is no crime.]
From this relation of sin to the law, and of crime to the civil law, may
be inferred, first, that where law ceaseth, sin ceaseth. But because the
law of nature is eternal, violation of covenants, ingratitude,
arrogance, and all facts contrary to any moral virtue, can never cease
to be sin. Secondly, that the civil 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 only by his own
conscience, and cleared by the uprightness of his own intention. When
therefore his intention is right, his fact is no sin: if otherwise, his
fact is sin; but not crime. Thirdly, that when the sovereign 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
sovereign power can be supposed to give away the right of preserving his
own body; for the safety whereof all sovereignty was ordained. But this
is to be understood only 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.
[Sidenote: Ignorance of the law of nature excuseth no man.]