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 Soveraign Power.
Tacite Approbation Of The Soveraign, Extenuates
Those facts which the Law expresly condemneth, but the Law-maker by
other manifest signes of his will tacitly approveth, are lesse Crimes,
than the same facts, condemned both by the Law, and Lawmaker. For
seeing the will of the Law-maker is a Law, there appear in this case two
contradictory Lawes; which would totally Excuse, if men were bound to
take notice of the Soveraigns approbation, by other arguments, than are
expressed by his command. But because there are punishments consequent,
not onely to the transgression of his Law, but also to the observing
of it, he is in part a cause of the transgression, and therefore cannot
reasonably impute the whole Crime to the Delinquent. For example, the
Law condemneth Duells; the punishment is made capitall: On the contrary
part, he that refuseth Duell, is subject to contempt and scorne, without
remedy; and sometimes by the Soveraign himselfe thought unworthy to
have any charge, or preferment in Warre: If thereupon he accept Duell,
considering all men lawfully endeavour to obtain the good opinion
of them that have the Soveraign Power, he ought not in reason to be
rigorously punished; seeing part of the fault may be discharged on the
punisher; which I say, not as wishing liberty of private revenges,
or any other kind of disobedience; but a care in Governours, not
to countenance any thing obliquely, which directly they forbid. The
examples of Princes, to those that see them, are, and ever have been,
more potent to govern their actions, than the Lawes themselves. And
though it be our duty to do, not what they do, but what they say; yet
will that duty never be performed, till it please God to give men an
extraordinary, and supernaturall grace to follow that Precept.
Comparison Of Crimes From Their Effects
Again, if we compare Crimes by the mischiefe of their Effects, First,
the same fact, when it redounds to the dammage of many, is greater, than
when it redounds to the hurt o
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