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 conv
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