are the laws concerning controversies between subject and subject. Thus much of the division of laws.

I find the words lex civilis and jus civile, that is to say "law" and "right civil," promiscuously used for the same thing, even in the most learned authors; which nevertheless ought not to be so. For "right" is liberty," namely that liberty which the civil law leaves us: but "civil law" is an 66 obligation," and takes from us the liberty which the law of Nature gave us. Nature gave a right to every man to secure himself by his own strength, and to invade a suspected neighbour, by way of preven tion but the civil law takes away that liberty, in all cases where the protection of the law may be safely stayed for. Insomuch as lex and jus are as different as "obligation" and "liberty."

Likewise "laws" and "charters" are taken promiscuously for the same thing. Yet charters are donations of the sovereign; and not laws, but exemptions from law. The phrase of a law is, jubeo, injungo, "I command" and "enjoin :" the phrase of a charter is, dedi, concessi, “I have given," "I have granted: " but what is given or granted to a man is not forced upon him by a law. A law may be made to bind all the subjects of a commonwealth: a liberty or charter is only to one man, or some one part of the people. For to say all the people of a commonwealth have liberty in any case whatsoever, is to say, that in such case there hath been no law made; or else having been made, is now abrogated.

CHAPTER XXVII.

Of Crimes, Excuses, and Extenuations.

A SIN, is not only a transgression of a law, but also any contempt of the legislator. For such contempt is a breach of all his laws at once. And therefore may consist, not only in the "commission" of a fact, or in speaking of words by the laws forbidden, or in the "omission" of what the law commandeth, but also in the "intention," or purpose to transgress. For the purpose to break the law is some degree of contempt of him to whom it belongeth to see it executed. To be delighted in the imagination only of being possessed of another man's goods, servants, or wife, without any intention to take them from him by force or fraud, is no breach of the law, that saith, "Thou shalt not covet: nor is the pleasure a man may have in imagining or dreaming of the death of him, from whose life he expecteth nothing but damage and displeasure, a sin; but the resolving to put some act in execution that tendeth thereto. For to be pleased in the fiction of that which would please a man if it were real, is a passion so adherent to the nature both of man and every other living creature, as to make it a sin, were to make sin of being a man. The consideration of this has made me think them too severe, both to themselves and others, that maintain that the first motions of the mind, though checked with the fear of God, be sins. But I confess it is safer to err on that hand than on the other.

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 αιτία ; 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.

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 ali 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.

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.

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.

Ignorance of the sovereign power in the place of a men's ordinary residence excuseth him not, because he ought to take notice of the power by which he hath been protected there.

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.

But when a penalty is either annexed to the crime in the law itself, or hath been usually inflicted in the like cases; there the delinquent is excused from a greater penalty. For the punishment foreknown, if not great enough to deter men from the action, is an invitement to it: because when men compare the benefit of their injustice with the harm of their punishment, by necessity of nature they choose that which appeareth best for themselves; and therefore when they are punished more than the law had formerly determined, or more than others were punished for the same crime; it is the law that tempted and deceiveth them.

No law, made after a fact done, can make it a crime: because if the fact be against the law of Nature, the law was before the fact ; and a positive law cannot be taken notice of, before it be made; and therefore cannot be obligatory. But when the law that forbiddeth a fact, is made before the fact be done; yet he that doth the fact, is liable to the penalty ordained after, in case no lesser penalty were made known before, neither by writing, nor by example, for the reason immediately before alleged.

From defect in reasoning, that is to say, from error, men are prone to violate the laws three ways. First, by presumption of false principles: as when men, from having observed how in all places and in all ages, unjust actions have been authorized, by the force and victories of those who have committed them; and that potent men, breaking through the cobweb laws of their country, the weaker sort and those that have failed in their enterprises, have been esteemed the only criminals; have thereupon taken for principles, and grounds of their reasoning, "that justice is but a vain word: that whatsoever a man can get by his own industry and hazard, is his own: that the practice of all nations cannot be unjust: that examples of former times are good arguments of doing the like again ;" and many more of that kind; which being granted, no act in itself can be a crime, but must be made so, not by the law, but by the success of them that commit it; and the same fact be virtuous or vicious, as fortune pleaseth; so that what Marius makes a crime, Sylla shall make meritorious, and Cæsar, the same laws standing, turn again into a crime, to the perpetual disturbance of the peace of the commonwealth.

Secondly, by false teachers, that either misinterpret the law of Nature, making it thereby repugnant to the law civil; or by teaching for laws, such doctrines of their own, or traditions of former times, as are inconsistent with the duty of a subject.

Thirdly, by erroneous inferences from true principles; which happers commonly to men that are hasty and precipitate in concluding, and resolv ing what to do; such as are they, that have both a great opinion of their own understanding, and believe that things of this nature require not time and study, but only common experience, and a good natural wit; whereof no man thinks himself unprovided: whereas the knowledge of right and wrong, which is no less difficult, there is no man will pretend to, without great and long study. And of those defects in reasoning, there is none that can excuse, though some of them may extenuate, a crime in any man, that pretendeth to the administration of his own private business; much less in them that undertake a public charge; because they pretend to th reason, upon the want whereof they would ground their excuse.

Of the passions that most frequently are the causes of crime, one is vainglory, or a foolish over-rating of their own worth; as if difference of worth were an effect of their wit, or riches, or blood, or some other natural quality, not depending on the will of those that have the sovereign authority. From whence proceedeth a presumption that the punishments ordained by the laws, and extended generally to all subjects, ought not to be inflicted on them with the same rigour they are inflicted on poor, obscure, and simple men, comprehended under the name of the "vulgar."

Therefore it happeneth commonly, that such as value themselves by the greatness of their wealth, adventure on crimes, upon hope of escaping punishment, by corrupting public justice, or obtaining pardon by money, or other rewards.

And that such as have multitude of potent kindred, and popular men, that have gained reputation amongst the multitude, take courage to violate the laws, from a hope of oppressing the power to whom it belongeth to put

them in execution.

And that such as have a great and false opinion of their own wisdom, take upon them to reprehend the actions and call in question the authority of them that govern, and so to unsettle the laws with their public discourse, as that nothing shall be a crime, but what their own designs require should be so. It happeneth also to the same men, to be prone to all such crimes, as consist in craft, and in deceiving of their neighbours; because they think their designs are too subtle to be perceived. These I say are effects of a false presumption of their own wisdom. For of them that are the first movers in the disturbance of commonwealth, which can never happen without a civil war, very few are left alive long enough to see their new designs established: so that the benefit of their crimes redoundeth to posterity, and such as would least have wished it: which argues they were not so wise as they thought they were. And those that deceive upon hope of not being observed, do commonly deceive themselves, the darkness in which they believe they lie hidden being nothing else but their own blindness; and are no wiser than children, that think all hid by hiding their

own eyes.

And generally all vain-glorious men, unless they be withal timorous, are subject to anger; as being more prone than others to interpret for contempt the ordinary liberty of conversation: and there are few crimes that may not be produced by anger.

As for the passions of hate, lust, ambition, and covetousness, what crimes they are apt to produce, is so obvious to every man's experience and understanding, as there needeth nothing to be said of them, saving that they are infirmities, so annexed to the nature, both of man and all other living creatures, as that their effects cannot be hindered but by extraordinary use of reason, or a constant severity in punishing them. For in those things men hate, they find a continual and unavoidable molestation; whereby either a man's patience must be everlasting, or he must be eased by removing the power of that which molesteth him. The former is difficult; the latter is many times impossible, without some violation of the law. Ambition and covetousness are passions also that are perpetually incumbent and pressing; whereas reason is not perpetually present to resist them: and therefore whensoever the hope of impunity appears, their effects proceed. And for lust, what it wants in the lasting, it hath in the vehemence, which sufficeth to weigh down the apprehension of all easy or uncertain punishments.

Of all passions, that which inclineth men least to break the laws, is fear. Nay, excepting some generous natures, it is the only thing, when there is apparence of profit or pleasure by breaking the laws, that makes men

keep them. And yet in many cases a crime may be committed through fear.

For not every fear justifies the action it produceth, but the fear only of corporeal hurt, which we call "bodily fear," and from which a man cannot see how to be delivered but by the action. A man is assaulted, fears present death, from which he sees not how to escape but by wounding him that assaulteth him if he wound him to death, this is no crime, because no man is supposed at the making of a commonwealth to have abandoned the defence of his life or limbs, where the law cannot arrive time enough to his assistance. But to kill a man, because from his actions, or his threatenings, I may argue he will kill me when he can, seeing I have time and means to demand protection from the sovereign power, is a crime. Again, a man receives words of disgrace or some little injuries, for which they that made the laws had assigned no punishment, nor thought it worthy of a man that hath the use of reason to take notice of, and is afraid, unless he revenge it, he shall fall into contempt, and consequently be obnoxious to the like injuries from others; and to avoid this, breaks the law, and protects himself for the future by the terror of his private revenge. This is a crime; for the hurt is not corporeal, but fantastical, and, though in this corner of the world, made sensible by a custom not many years since begun, amongst young and vain men, so light, as a gallant man, and one that is assured of his own courage, cannot take notice of. Also a man may stand in fear of spirits, either through his own superstition, or through too much credit given to other men, that tell him of strange dreams and visions, and thereby be made believe they will hurt him for doing or omitting divers things, which nevertheless to do, or omit, is contrary to the laws; and that which is so done, or omitted, is not to be excused by this fear: but is a crime. For, as I have shown before in the second chapter, dreams be naturally but the fancies remaining in sleep, after the impressions our senses had formerly received waking; and when men are by any accident unassured they have slept, seem to be real visions; and therefore he that presumes to break the law upon his own or another's dream, or pretended vision, or upon other fancy of the power of invisible spirits, than is permitted by the commonwealth, leaveth the law of Nature, which is a certain offence, and followeth the imagery of his own or another private man's brain, which he can never know whether it signifieth anything or nothing, nor whether he that tells his dream say true or lie; which if every private man should have leave to do, as they must by the law of Nature, if any one have it, there could no law be made to hold, and so all commonwealth would be dissolved.

From these different sources of crimes, it appears already, that all crimes are not, as the Stoics of old time maintained, of the same allay. There is place, not only for "excuse," by which that which seemed a crime is proved to be none at all; but also for "extenuation," by which the crime, that seemed great, is made less. For though all crimes do equally deserve the name of injustice, as all deviation from a straight line is equally crookedness, which the Stoics rightly observed: yet it does not follow that all crimes are equally unjust, no more than that all crooked lines are equally crooked: which the Stoics not observing, held it as great a crime to kill a hen, against the law, as to kill one's father.

That which totally excuseth a fact, and takes away from it the nature of a crime, can be none but that which at the same time taketh away the obligation of the law. For the fact committed once against the law, if he that committed it be obliged to the law, can be no other than a crime.

The want of means to know the law totally excuseth. For the law whereof a man has no means to inform himself, is not obligatory. Bu the want of diligence to inquire shall not be considered as a want of means;