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
He, whose error proceeds from the authority of a teacher, or an
interpreter of the law publicly authorized, is not so faulty as he whose
error proceedeth from a peremptory pursuit of his own principles and
reasoning: for what is taught by one that teacheth by public authority,
the commonwealth teacheth, and hath a resemblance of law, till the same
authority controlleth it; and in all crimes that contain not in them a
denial of the sovereign power, nor are against an evident law, excuseth
totally: whereas he that groundeth his actions on his private judgment,
ought, according to the rectitude, or error thereof, to stand or fall.
[Sidenote: Examples of impunity extenuate.]
The same fact, if it have been constantly punished in other men, is a
greater crime, than if there have been many precedent examples of
impunity. For those examples are so many hopes of impunity, given by the
sovereign himself: 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.
[Sidenote: Premeditation 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 human nature: but he that
doth it with premeditation, has used circumspection, and cast his eye on
the law, on the punishment, and on the consequence thereof to human
society; all which, in committing the crime, he hath contemned and
postposed to his own appetite. But there is no suddenness of passion
sufficient for a total 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
rectify the irregularity of his passions.
Where the law is publicly, 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 sovereign power.
[Sidenote: Tacit approbation of the sovereign extenuates.]