Page:Two Treatises of Government.djvu/215

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201
Of Civil-Government.

no more power than what every man naturally may have over another.

§. 10. Beſides the 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.

§. 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