damage he has received. That, he who has fuffered the damage has a right to demand in his own name, and he alone can remit : the damnified perfon has this power of appropriating to himself the goods or fervice of the offender, by right of felf-preservation, as every man has a power to punish the crime, to prevent its being committed again, by the right he has of preferving all mankind, and doing all reasonable things he can in order to that end: and thus it is, that every man, in the state of nature, has a power to kill a murderer, both to deter others from doing the like injury, which no reparation can compenfate, by the example of the punishment that attends it from every body, and alfo to fecure men from the attempts of a criminal, who having renounced reason, the common rule and measure God hath given to mankind, hath, by the unjuft violence and flaughter he hath committed upon one, declared war against all mankind, and therefore may be destroyed as a lion or a tyger, one of those wild favage beafts, with whom men can have no fociety nor fecurity and upon this is grounded that great law of nature, Whofo fheddeth man's blood, by man shall bis blood be fhed. And Cain was fo fully convinced, that every one had a right to destroy fuch a criminal, that after the murder of his brother, he cries out, Every one that findeth

me,

me, fhall flay me; fo plain was it writ in the hearts of all mankind.

:

§. 12. By the fame reafon may a man in the state of nature punish the leffer breaches of that law. It will perhaps be demanded, with death? I anfwer, each tranfgreffion may be punished to that degree, and with fo much Severity, as will fuffice to make it an ill bargain to the offender, give him cause to repent, and terrify others from doing the like. Every offence, that can be committed in the ftate of nature, may in the state of nature be alfo punished equally, and as far forth as it may, in a common-wealth for though it would be befides my prefent purpose, to enter here into the particulars of the law of nature, or its meafures of punishment; yet, it is certain there is fuch a law, and that too, as intelligible and plain to a rational creature, and a ftudier of that law, as the pofitive laws of common-wealths; nay, poffibly plainer; as much as reafon is easier to be understood, than the fancies and intricate contrivances of men, following contrary and hidden interefts put into words; for fo truly are a great part of the municipal laws of countries, which are only fo far right, as they are founded on the law of nature, by which they are to be regulated and interpreted.

§. 13. To this ftrange doctrine, viz. That in the state of nature every one has the executive power of the law of nature, I doubt not but it

will be objected, that it is unreasonable for men to be judges in their own cafes, that felf-love will make men partial to themselves and their friends and on the other fide, that ill nature, paffion and revenge will carry them too far in punishing others; and hence nothing but confufion and diforder will follow, and that therefore God hath certainly appointed government to reftrain the partiality and violence of men. I easily grant, that civil government is the proper remedy for the inconveniencies of the ftate of nature, which must certainly be great, where men may be judges in their own cafe, fince it is easy to be imagined, that he who was fo unjust as to do his brother an injury, will scarce be fo just as to condemn himself for it: but I shall defire those who make this objection, to remember, that abfolute monarchs are but men ; and if government is to be the remedy of thofe evils, which neceffarily follow from men's being judges in their own cafes, and the ftate of nature is therefore not to be endured, I defire to know what kind of government that is, and how much better it is than the ftate of nature, where one man, commanding a multitude, has the liberty to be judge in his own cafe, and may do to all his fubjects whatever he pleases, without the leaft liberty to any one to question or controul thofe who execute his pleasure? and in whatfoever he doth, whether led by reason, mistake or paffion, must be submitted to? much better

it

it is in the state of nature, wherein men are not bound to fubmit to the unjust will of another and if he that judges, judges amifs in his own, or any other cafe, he is anfwerable for it to the rest of mankind.

§. 14. It is often asked as a mighty objection, where are, or ever were there any men in fuch a state of nature? To which it may fuffice as an answer at prefent, that fince all princes and rulers of independent governments all through the world, are in a ftate of nature, it is plain the world never was, nor ever will be, without numbers of men in that ftate. I have named all governors of independent communities, whether they are, or are not, in league with others: for it is not every compact that puts an end to the state of nature between men, but only this one of agreeing together mutually to enter into one community, and make one body politic; other promises, and compacts, men may make one with another, and yet ftill be in the ftate of nature. The promises and bargains for truck, &c. between the two men in the defert island, mentioned by Garcilaffo de la Vega, in his hiftory of Peru; or between a Swifs and an Indian, in the woods of America, are binding to them, though they are perfectly in a ftate of nature, in reference to one another: for truth and keeping of faith belongs to men, as men, and not as members of fociety.

J

§. 15.

§. 15. To thofe that fay, there were never any men in the state of nature, I will not only oppose the authority of the judicious Hooker, Eccl. Pol. lib. i. fect. 10. where he fays, The laws which have been hitherto mentioned, i. e. the laws of nature, do bind men abfolutely, even as they are men, although they have never any fettled fellowship, never any folemn agreement amongst themfelves what to do, or not to do: but forafmuch as we are not by ourselves fufficient to furnish ourselves with competent ftore of things, needful for fuch a life as our nature doth defire, a life fit for the dignity of man; therefore to fupply thofe defects and imperfections which are in us, as living fingle and folely by ourselves, we are naturally induced to feek communion and fellowship with others: this was the cause of men's uniting themfelves at firft in politic focieties. But I moreover affirm, that all men are naturally in that state, and remain fo, till by their own confents they make themselves members of fome politic fociety; and I doubt not in the fequel of this difcourfe, to make it very clear.

§. 16.

CHA P. III.

Of the State of War.

T

HE ftate of war is a ftate of enmity and deftruction: and therefore declaring by word or action, not

a