Page:Two Treatises of Government.djvu/213

From Wikisource
Jump to: navigation, search
This page has been proofread, but needs to be validated.
199
Of Civil-Government.

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.

§. 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 <span title="neceſſary">neceſ-

ſary,