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sary, destroy things noxious to them, and fa may bring such evil on any one, who hath transgressed that law, as may make him repent the doing of it, and thereby deter him, and by his example others, from doing the like mischief. And in this case, and upon this ground, every man hath a right to punis) the offender, and be executioner of the law of nature.
I doubt not but this will seem a very strange doctrine to some men ; but before they condemn it, I desire them to resolve me, by what right any prince or state can put to death, or punish an alien, for
crime he commits in their country. It is certain their laws, by virtue of any sanction they receive from the promulgated will of the legislative, reach not a stranger: they speak not to him, nor, if they did, is he bound to hearken to them. The legislative authority, by which they are in force over the subjects of that common-wealth, hath no power over him. Those who have the supreme power of making laws in England, France or Holland, are to an Indian, but like the rest of the world, men without authority: and therefore, if by the law of nature every man hath not a power to punish offences against it, as he soberly judges the case to require, I see not how the magistrates of any community can punish an alien of another country; since, in reference to him, they can have
no more power than what every man naturally may have over another.
$. 10. Besides the crime which consists in violating the law, and varying from the right rule of reason, whereby a man so far becomes degenerate, and declares himself to quit the principles of human nature, and to be a noxious creature, there is commonly injury done to some person or other, and some other man receives damage by his transgression : in which case he who hath received any damage, has, besides the right of punishment common to him with other men, a particular right to seek reparation from him that has done it: and any
other person, who finds it just, may also join with him that is injured, and assist him in recovering from the offender fo much as may make satisfaction for the harm he has suffered.
§. 11. From these two distinɛt rights, the one of punishing the crime for restraint, and preventing the like offence, which right of punishịng is in every body; the other of taking reparation, which belongs only to the injured party, comes it to pass that the magistrate, who by being magistrate hath the common right of punishing put into his hands, can often, where the public good demands not the execution of the law, remit the punishment of criminal offences by his own authority, but yet cannot remit the satisfaction due to any private man for the
damage damage he has received. That, he who has suffered the damage has a right to demand in his own name, and he alone can remit : the damnified person has this power of appropriating to himself the goods or service of the offender, by right of self-preservation, as every man has a power to punish the crime, to prevent its being committed again, by the right he has of preserving 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 compensate, by the example of the punishment that attends it from every body, and also to secure men from the attempts of a criminal, who having renounced reason, the common rule and measure God hath given to mankind, hath, by the unjust 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 savage beasts, with whom men can have no society nor security : and upon this is grounded that great law of nature, Whoso sheddeth man's blood, by man shall bis blood be jed. And Cain was so fully convinced, that every one had a right to destroy such a criminal, that after the murder of his brother, he cries out, Every one that findeth
me, Mall sayo me ; fo plain was it writ in the hearts of all mankind,
$. 12. By the same reafon may a man in the state of nature punish the leffer breaches of that law. It will perhaps be demanded, with death? I answer, each transgression may be punished to that degree, and with so much severity, as will suffice 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 state of nature, may in the state of nature be also punished equally, and as far forth as it may, in a common-wealth : for
though it would be besides my present purpose, to enter here into the particulars of the jaw of nature, or its measures of punishment; yet, it is certain there is such a law, and that too, as intelligible and plain to a rational creature, and a studier of that law, as the pofitive laws of common-wealths ; nay, poffibly plainer ; as much as reason is easier to be understood, than the fancies and intricate contrivances of men, following contrary and hidden interests put into words; for so truly are a great part of the municipal laws of countries, which are only so far right, as they are founded on the law of nature, by which they are to be regulated and interpreted.
§. 13. To this strange 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 cases, that self-love will make men partial to themselves and their friends : and on the other side, that ill nature, passion and
them too far in punishing others; and hence nothing but confusion and disorder will follow, and that therefore God hath certainly appointed government to restrain the partiality and violence of men. I easily grant, that civil government is the proper remedy for the inconveniencies of the state of nature, which must certainly be great, where men may be judges in their own casę, since it is easy to be imagined, that he who was fo unjust as to do his brother an injury, will scarce be so just as to condemn himself for it: but I shall desire those who make this objection, to remember, that abfolute monarchs are but men; and if government is to be the remedy of those evils, which necessarily follow from men's being judges in their own cafes, and the state of nature is therefore not to be endured, I desire to know what kind of government that is, and how much better it is than the state of nature, where one man, commanding a multitude, has the liberty to be judge in his own cafe, and may do to all his subjects whatever he pleases, without the least liberty to any one to question or controul those who execute his pleasure ? and in whatfoever he doth, whether led by reason, mistake or passion, must be submitted to? much better