d to be none at all; but also for EXTENUATION, by which
the Crime, that seemed great, is made lesse. For though all Crimes doe
equally deserve the name of Injustice, as all deviation from a strait
line is equally crookednesse, which the Stoicks 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 Stoicks not observing,
held it as great a Crime, to kill a Hen, against the Law, as to kill
ones Father.

Totall Excuses

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 enforme himself, is not obligatory. But the want
of diligence to enquire, shall not be considered as a want of means; Nor
shall any man, that pretendeth to reason enough for the Government of
his own affairs, be supposed to want means to know the Lawes of Nature;
because they are known by the reason he pretends to: only Children, and
Madmen are Excused from offences against the Law Naturall.

Where a man is captive, or in the power of the enemy, (and he is then in
the power of the enemy, when his person, or his means of living, is
so,) if it be without his own fault, the Obligation of the Law ceaseth;
because he must obey the enemy, or dye; and consequently such obedience
is no Crime: for no man is obliged (when the protection of the Law
faileth,) not to protect himself, by the best means he can.

If a man by the terrour of present death, be compelled to doe a fact
against the Law, he is totally Excused; because no Law can oblige a
man to abandon his own preservation. And supposing such a Law were
obligatory; yet a man would reason thus, "If I doe it not, I die
presently; if I doe it, I die afterwards; therefore by doing it, there
is time of life gained;" Nature therefore compells him to the fact.

When a man is destitute of food, or other thing necessary for his life,
and cannot preserve himselfe any other way, but by some fact against
the Law; as if in a great famine he take the food by force, or stealth,
which he cannot obtaine for mony nor charity; or in defence of his life,
snatch away another mans Sword, he is totally Excus