The English works of Thomas Hobbes of Malmesbury, Volume 06 (of 11) — Thomas Hobbes — John Shaqi
The English works of Thomas Hobbes of Malmesbury, Volume 06 (of 11)
Thomas Hobbes · en
_P._ All crimes are indeed sins, but not all sins crimes. A sin may be
in the thought or secret purpose of a man, of which neither a judge, nor
a witness, nor any man can take notice; but a crime is such a sin as
consists in an action against the law, of which action he can be
accused, and tried by a judge, and be convinced or cleared by witnesses.
Farther; that which is no sin in itself, but indifferent, may be made
sin by a positive law: as when the statute was in force that no man
should wear silk in his hat, after the statute such wearing of silk was
a sin, which was not so before. Nay, sometimes an action that is good in
itself, by the statute law may be made a sin; as if a statute should be
made to forbid the giving of alms to a strong and sturdy beggar, such
alms, after that law, would be a sin, but not before; for then it was
charity, the object whereof is not the strength or other quality of the
poor man, but his poverty. Again, he that should have said in Queen
Mary’s time, that the Pope had no authority in England, should have been
burnt at a stake; but for saying the same in the time of Queen
Elizabeth, should have been commended. You see by this, that many things
are made crimes, and no crime, which are not so in their own nature, but
by diversity of law, made upon diversity of opinion or of interest by
them which have authority: and yet those things, whether good or evil,
will pass so with the vulgar, if they hear them often with odious terms
recited, for heinous crimes in themselves, as many of those opinions,
which are in themselves pious and lawful, were heretofore, by the Pope’s
interest therein, called detestable heresy. Again, some controversies
are of things done upon the sea, others of things done upon the land.
There need be many courts to the deciding of so many kinds of
controversies. What order is there taken for their distribution?