ue to lack of diligence is not unavoidable.
Terror of present death, or the order of the sovereign, are a complete
excuse. And many circumstances may serve as extenuation.
A punishment is an evil inflicted by public authority on him that hath
done or omitted that which is said to be by the same authority a
transgression of the law, to the end that the will of men may thereby be
the better disposed to obedience. Now, this right of punishment is not
transferred by the subjects to the sovereign since they cannot
surrender their right of self-defence against violence. But as all
before had the natural right of hurting others, that right is left by
the covenant to the sovereign alone, strengthened by the resignation
thereof by the rest.
Punishments inflicted by man are "corporal," or "pecuniary," or
"ignominy," or "imprisonment," or "exile," or mixed of these. Corporal
are capital, with or without torment, and less than capital. Pecuniary
includes deprivation not only of money, but also of lands or other
salable goods; but such deprivation, if it is by way of compensation to
the person injured, is not really punishment. Imprisonment, when it is
only for the custody of a person accused, is not punishment. Exile is
not so much a punishment as a command or permission to escape
punishment, except when accompanied by deprivation of goods.
Infirmities of a commonwealth arise--from the first institution, when
the sovereign has not assumed sufficient power; from such doctrines as
that each man privately is the judge of good or evil actions, or sins if
he obey the commonwealth against his "conscience"; that the sovereign is
subject to the civil laws; that private property excludes sovereign
rights; that sovereign power may be divided, which is the worst of all;
and from other causes, as of money grudged for wars, monopolies,
over-potent subjects or corporations, insatiable desire of dominion. But
when a country is conquered, that is the dissolution of the
commonwealth.
Of the sovereign's duties the first is to surrender none of his powers,
and the second to see that they be known, to which end, and the
understanding of it, the people must be rightly instructed. Further,
that he administer justice equally to all people, and impose equal
taxes, and make good laws (I say good, not just, since no law can be
unjust), and choose good counsellors.
Subjects owe simple obedience to the sovereign in all things
whatsoever, except wha
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