inced, 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, shall slay me;
so plain was it writ in the hearts of all mankind.
Sect. 12. By the same reason may a man in the state of nature punish the
lesser 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 commonwealth: for though it would be besides my present
purpose, to enter here into the particulars of the law 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 positive laws of commonwealths; nay, possibly 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.
Sect. 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
revenge will carry 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 case, since it is easy to be
imagined, that he who was so 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 absolute monarchs are but
men; and if government is to be the remedy of those evils, which
necessarily
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