FREE BOOKS

Author's List




PREV.   NEXT  
|<   196   197   198   199   200   201   202   203   204   205   206   207   208   209   210   211   212   213   214   215   216   217   218   219   220  
221   222   223   224   225   226   227   228   229   230   231   232   233   234   235   236   237   238   239   240   241   242   243   244   245   >>   >|  
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
PREV.   NEXT  
|<   196   197   198   199   200   201   202   203   204   205   206   207   208   209   210   211   212   213   214   215   216   217   218   219   220  
221   222   223   224   225   226   227   228   229   230   231   232   233   234   235   236   237   238   239   240   241   242   243   244   245   >>   >|  



Top keywords:
sovereign
 

punishment

 

deprivation

 
commonwealth
 
subjects
 
people
 

surrender

 

obedience

 

person

 

capital


authority
 
inflicted
 

private

 

property

 

rights

 

divided

 

excludes

 

grudged

 

corporations

 

insatiable


desire
 

potent

 

monopolies

 
conscience
 

sufficient

 
present
 
doctrines
 

assumed

 

institution

 

privately


diligence

 

dominion

 
unavoidable
 
Terror
 

actions

 
subject
 

conquered

 

unjust

 

choose

 

things


whatsoever

 

simple

 
counsellors
 

Subjects

 
impose
 
equally
 

powers

 

duties

 
dissolution
 

Further