The English works of Thomas Hobbes of Malmesbury, Volume 03 (of 11) — Thomas Hobbes — John Shaqi
The English works of Thomas Hobbes of Malmesbury, Volume 03 (of 11)
Thomas Hobbes · en
The source of every crime, is some defect of the understanding; or some
error in reasoning; or some sudden force of the passions. Defect in the
understanding, is _ignorance_; in reasoning, _erroneous opinion_. Again,
ignorance is of three sorts; of the _law_, and of the _sovereign_, 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
himself. Therefore into what place soever a man shall come, if he do
anything contrary to that law, it is a crime. If a man come from the
Indies hither, and persuade men here to receive a new religion, or teach
them anything that tendeth to disobedience of the laws of this country,
though he be never so well persuaded of the truth of what he teacheth,
he commits a crime, and may be justly punished for the same, not only
because his doctrine is false, but also because he does that which he
would not approve in another, namely, that coming from hence, he should
endeavour to alter the religion there. But ignorance of the civil law,
shall excuse a man in a strange country, till it be declared to him;
because, till then no civil law is binding.
[Sidenote: Ignorance of the civil law excuseth sometimes.]
In the like manner, if the civil law of a man’s 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 civil law, excuseth not.
[Sidenote: Ignorance of the sovereign excuseth not.]
Ignorance of the sovereign power, in the place of a man’s ordinary
residence, excuseth him not; because he ought to take notice of the
power, by which he hath been protected there.
[Sidenote: 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 laws, in every commonwealth; which punishment,
if it be determined already by the law, he is subject to that; if not,
then he is 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.
[Sidenote: Punishments declared before the fact, excuse from greater
punishments after it.]