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Show m rartz. OfCOMMoN-WEALTH. Chap." pm 2. OfCOMMoN-WEALTH. on-we alth ; which unifliment, if it be determined already by nants, Ingratitude, Arrogance, and all Faéts contrary to any Morall fl???" he is fubjeét to that , if not, thenis he fub}eé‘t to Arbitrary vertue,can never eeafe to be Sinne.Secondly,that the Civill Law ceafing, Crimes ceafe : for there being no other Law remaining, but that of Nature, there is no place for Accufation, every man being his own Judge, and accufed onely by his own Confcience, and cleared by the Uprightnefle of his own Intention. When therefore his Intention is Right, his fact is no Sinne: if otherwife, his fa it is Sinne; but not Crime. Thirdly, That when the Soveraign Power ceafeth, Crime alfo ceafeth : for where there is no fuch Power, there is no protedi~ on to be had from the Law, and therefore every one may proteét himfelf by his own power: for no man in the Inititution of Soveraion Power can be fuppofed to give away the Right of preferving his own body -, for the fafety whereof all Soveraignty was ordained. But this is to be underflood onely of thofe, that have not themfelves con- tributed to the taking away of the Power that protected them: for that was a Crime from the beginning. :53 $0.27. feth. But becaui'e the Law of Nature is eternall, Violation OfCove- punifnment. For it is reafon , that be which does Injury, without other limitation than that of his own Will, fhould fiifler puniihment without otherlimitation, than that of his Will whofe Law is thereby violated. . _ . . ' But when apenal , is either annexed to the Crime in the Law it (Ema/hm," felfe, or hath been u ually inflicted in the like cafes -, there the Delin- declared he- quent is Excufed from a greater penalty. For the puniihment fore- feral/o: PM, - if ‘ not gieat - enough to deterrc men from the action , is an "Wfi' from , known, invitement to it: becaufe when mencompare the benefit of their In- {222%}. jullice, with the harm of their punifhmcnt, by neceflity of Nature mm they choofe that which appeareth belt for themfelves : and therefore when they are uniihed more than the Law had formerly determi- ned, or more t an others were puniflied for the fame Crime 5 it is the Law that tempted, and deceiveth them. _ _ . No Law, made after a Fact done, can make it a Crime : becaufe if Nothing m, [young of The fource ofevery Crime, is fome defect of the Underflanding; tleLdW of or fome errourin Reafoning, or fome fudden force of the Paflions. New" t-r- Defect in the Underfianding, is Ignorance -, in Reafoning‘ Erroneom if]: "0 Opinion. Again, Ignorance is of three forts , of the Law, and of the ' Soveraz'gn, and of the Penalty. Ignorance of the Law of Nature the Faé‘t be againft the Law of Nature, the Law was before the Faé‘t; hemaden and a Politive Law cannor be taken notice of, before it be made ; and $2?" :2: therefore cannot be Obligatory. But when the Law that forbiddeth aim The :1 Fact, is made before the Fact be done 7, yet he that doth the Faét, is Fag}. Excufeth no man -, beeaufe every man that hath attained to the ufe Reafon, is fuppofed to know, he oug ht not to do to another, what of he lyable to the Penalty ordained after, in calm no leifer Penalty were made known before, neither by Writing, nor by Example, for the f he do any thing contrary to that Law, it Crime. If a man come from the Indie: hither, and perfwade is a men hereto receive a new Religion or teach them any thing that tendeth to difobedience of the Lawes of this Countr , though he be never prone to violate the Lawes, three wayes. Firit, by Prefumption of thf Rte/It falfe Principles: as when men from having obferved how in all pla- j: [:1]r"'1'; (es, and in all agesI unjuil Aftions have been authorifed, by the force, Crlfm: "f would not have done to himfelfe. Therefore into what place {bever aman ihallcome,i ('0 well per-{waded of the truth of what he teaeheth, he commits a Crime, and may be juitly puniflied forthe fame, not onely becaufe his doctrine is falfe, but alio becaufe he does that which he would not approve in another, namely, that comming from hence, he ihould en- deavour to alter the Religion there. But ignorance of the Quill Law, fliall Excufe a man in a fh'ange Country, till it be declared to [WWW 0 him 3 becaufe, till then‘noCivill Law is binding. 2);.- m" In the like manner, if the Civill Law of a mans own Country, he 1",, "a" not fo fufliciently declared, as he may know it if he nor the A- falifa»,¢- etion againit the Law of Nature -, the Ignorance is awill; good Excufe: :imu. [ In other cafes Ignorance of the Civill Law, Excufeth nor. gfilfagjx' ‘J Ignorance of the Soveraign Power,_in the place ofa mans Ordinau~ reafon immediatly be fore alledged. From defect in Reaioning, ( that is to fay, from Errour,) men are Fri/f: Princi- and victories of thofe who have committed them; and that potent \\ taker fort, and thole that have failed in their Enterprifes, havebeen and grounds oftheir Reafonin , That fuflire a but a twin word.'T/ur wharfiawor a man can get yhtlt own Induflry, and hazard, I}: hzér own ; 7 hut the Prac'fzce of all Nation: cannot be nnjn/l : That Example; of former HIRE! are good Argument: of doing the like again -, and ma- in more of that kind: Which being granted, no Aét in it felfe can be a Crime, but muit be made To ( not by the Law, but) by the fucceile of themthat commit it; and the fame Fact be vertuous, or vi- tious, as Fortune pleafeth -, fo that what Marina makes a Crime, Syfla ihillmake meritorious, and Cafzr (the fame Lawes (landing) turn hwy," cf Ignorance of the Penalty, where 11;: I'm/17 no man : For in breaking the Law, the Law is declared, EXCUf‘CIi? arm/ml) not. tollow, were not a Law, but vain which without a fear of penaltv t0 words, he undergoeth the penalty, thoughlie know not what it is , becaufe, whoibc vcr voluntarilv doll! any 1911011. accepteth all the known confequences of it; but Pumih‘ ment is a known coniequence of the violation ofthe Lawes, in erct'y Common-wealth. Comma!" ‘ eilecmed the onely Criminals ,have thereupon taken for PrinCiples, mom» _ r rehdmce, szcuieth him not, becauie he ought to take notice of Wheat t ie Power, by which he hath been protected there. ' men, breaking through the Cob-web Lawes of their Country, the _ again into a Crime, to the perpetuall diflurbance of the Peace of the F4/19 TM?!» Z: :11?" Secondly, by falie Teachers, that either mif-interpret the Law of [ljpriwgof Nature, making it thereby repugnant to the Law Civill-7 or by N_,.,,,,c, teaching for Lawcs, {rich Doctrines of their own, or Traditions of A,d f1,, b, formcr times, as are inConliflent with the duty ofa Subject. 7mm?" Thirdly, by Erroneous Inference-s from True Principles, which 7m," W, haPI‘an Commonly to men that are hafly, and przecipitate in conclu- aim/pl ,4, ding, (lbw/MN, . |