all mankind, the execution of the law of nature is, in that
state, put into every man's hands, whereby every one has a right
to punish the transgressors of that law to such a degree, as may
hinder its violation: for the law of nature would, as all other
laws that concern men in this world 'be in vain, if there were no
body that in the state of nature had a power to execute that
law, and thereby preserve the innocent and restrain offenders.
And if any one in the state of nature may punish another for any
evil he has done, every one may do so: for in that state of
perfect equality, where naturally there is no superiority or
jurisdiction of one over another, what any may do in prosecution
of that law, every one must needs have a right to do.
Sect. 8. And thus, in the state of nature, one man comes by
a power over another; but yet no absolute or arbitrary power, to
use a criminal, when he has got him in his hands, according to
the passionate heats, or boundless extravagancy of his own will;
but only to retribute to him, so far as calm reason and
conscience dictate, what is proportionate to his transgression,
which is so much as may serve for reparation and restraint:
for these two are the only reasons, why one man may lawfully do
harm to another, which is that we call punishment. In
transgressing the law of nature, the offender declares himself to
live by another rule than that of reason and common equity, which
is that measure God has set to the actions of men, for their
mutual security; and so he becomes dangerous to mankind, the
tye, which is to secure them from injury and violence, being
slighted and broken by him. Which being a trespass against the
whole species, and the peace and safety of it, provided for by
the law of nature, every man upon this score, by the right he
hath to preserve mankind in general, may restrain, or where it is
necessary, destroy things noxious to them, and so 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 the case, and upon
this ground, EVERY MAN HATH A RIGHT TO PUNISH THE OFFENDER, AND
BE EXECUTIONER OF THE LAW OF NATURE.
Sect. 9. 1 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 any 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 commonwealth, 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.
Sect, 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 so much as may make
satisfaction for the harm he has suffered.
Sect. 11. From these two distinct rights, the one of
punishing the crime for restraint, and preventing the like
offence, which right of punishing 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 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 slaughter 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 his blood be
shed. And Cain was so fully convinced, that every one had a
right to destroy such a criminal, that after the murder of his
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