men an extraordinary, and supernaturall grace to follow that Precept.

Comparison of Crimes from their Effects.

Again, if we compare Crimes by the mischiefe of their Effects, First, the same fact, when it redounds to the dammage of many, is greater, than when it redounds to the hurt of few. And therefore, when a fact hurteth, not onely in the present, but also, (by example) in the future, it is a greater Crime, than if it hurt onely in the present: for the former, is a fertile Crime, and multiplyes to the hurt of many; the later is barren. To maintain doctrines contrary to the Religion established in the Common-wealth, is a greater fault, in an authorised Preacher, than in a private person: So also is it, to live prophanely, incontinently, or do any irreligious act whatsoever. Likewise in a Professor of the Law, to maintain any point, or do any act, that tendeth to the weakning of the Soveraign Power, is a greater Crime, than in another man : Also in a man that hath such reputation for wisedome, as that his counsells are followed, or his actions imitated by many, his fact against the Law, is a greater Crime, than the same fact in another: For such men not onely commit Crime, but teach it for Law to all other men. And generally all Crimes are the greater, by the scandall they give; that is to say, by becomming stumbling-blocks to the weak, that look not so much upon the way they go in, as upon the light that other men carry before them.

Lasa Ma

jestas.

Also Facts of hostility against the present state of the Common-wealth, are greater Crimes, than the same acts done to private men: For the dammage extends it selfe to all: Such are the betraying of the strengths, or revealing of the secrets of the Common-wealth to an Enemy; also all attempts upon the Representative of the Common-wealth, be it a Monarch, or an Assembly; and all endeavours by [160] word, or deed to diminish the Authority of the same, either in the present time, or in succession: which Crimes the Latines understand by Crimina læse Majestatis, and consist in designe, or act, contrary to a Fundamentall Law.

Likewise those Crimes, which render Judgements of no effect, are greater Crimes, than Injuries done to one, or a few

Bribery and False

testimony.

persons; as to receive mony to give False judge-. ment, or testimony, is a greater Crime, than otherwise to deceive a man of the like, or a greater summe; because not onely he has wrong, that falls by such judgements; but all Judgements are rendered uselesse, and occasion ministred to force, and private revenges.

Depecula

tion.

Also Robbery, and Depeculation of the Publique treasure, or Revenues, is a greater Crime, than the robbing, or defrauding of a Private man; because to robbe the publique, is to robbe many at once. Also the Counterfeit usurpation of publique Ministery, the Counterfeiting of publique Seales, or publique Coine, than counterfeiting of a private mans person, or his seale; because the fraud thereof, extendeth to the dammage of many.

Counter

feiting

Authority.

Of facts against the Law, done to private men, the greater Crime, is that, where the dammage in the common opinion of men, is most sensible. And therefore

Crimes

against

private men compared.

To kill against the Law, is a greater Crime, than any other injury, life preserved.

And to kill with Torment, greater, than simply to kill. And Mutilation of a limbe, greater, than the spoyling a man of his goods.

And the spoyling a man of his goods, by Terrour of death, or wounds, than by clandestine surreption.

And by clandestine Surreption, than by consent fraudulently obtained.

And the violation of chastity by Force, greater, than by flattery.

And of a woman Married, than of a woman not married, For all these things are commonly so valued; though some men are more, and some lesse sensible of the same offence.. But the Law regardeth not the particular, but the generall inclination of mankind.

And therefore the offence men take, from contumely, in words, or gesture, when they produce no other harme, than the present griefe of him that is reproached, hath been neglected in the Lawes of the Greeks, Romans, and other both antient, and moderne Common-wealths; supposing the

true cause of such griefe to consist, not in the contumely, (which takes no hold upon men conscious of their own vertue,) but in the Pusillanimity of him that is offended by it.

Also a Crime against a private man, is much aggravated by the person, time, and place. For to kill ones Parent, is a greater Crime, than to kill another: for the Parent ought to have the honour of a Soveraign, (though he have surrendred his Power to the Civil Law,) because he had it originally by Nature. And to Robbe a poore [161] man, is a greater Crime, than to robbe a rich man; because 'tis to the poore a more sensible dammage.

And a Crime committed in the Time, or Place appointed for Devotion, is greater, than if committed at another time or place for it proceeds from a greater contempt of the Law.

Many other cases of Aggravation, and Extenuation might be added: but by these I have set down, it is obvious to every man, to take the altitude of any other Crime proposed.

Lastly, because in almost all Crimes there is an Injury done, not onely to some Private men, but also to Publique the Common-wealth; the same Crime, when the Crimes accusation is in the name of the Common-wealth, is called Publique Crime; and when in the name of a Private man, a Private Crime; And the Pleas according thereunto called Publique, Judicia Publica, Pleas of the Crown; or Private Pleas. As in an Accusation of Murder, if the accuser be a Private man, the plea is a Private plea; if the accuser be the Soveraign, the plea is a Publique plea.

A

CHAP. XXVIII.

Of PUNISHMENTS, and REWARDS.

PUNISHMENT, is an Evill inflicted by publique Authority, on him that hath done, or omitted that which

is Fudged by the same Authority to be a Transgression of the Law; to the end that the will of men may thereby the better be disposed to obedience.

The definition of Punish

ment.

derived.

Before I inferre any thing from this definition, there is a Right to question to be answered, of much importance; Punish whence which is, by what door the Right, or Authority of Punishing in any case, came in. For by that which has been said before, no man is supposed bound by Covenant, not to resist violence; and consequently it cannot be intended, that he gave any right to another to lay violent hands upon his person. In the making of a Common-wealth, every man giveth away the right of defending another; but not of defending himselfe. Also he obligeth himselfe, to assist him that hath the Soveraignty, in the Punishing of another; but of himselfe not. But to covenant to assist the Soveraign, in doing hurt to another, unlesse he that so covenanteth have a right to doe it himselfe, is not to give him a Right to Punish. It is manifest therefore that the Right which the Commonwealth (that is, he, or they that represent it) hath to Punish, is not grounded on any concession, or gift of the Subjects. But I have also shewed formerly, that before the Institution of Common-wealth, every man had a right to every thing, and to do whatsoever he thought necessary to his own preservation; subduing, hurting, or killing any man in order thereunto. And this is the foundation of that right of Punishing, [162] which is exercised in every Common-wealth. For the Subjects did not give the Soveraign that right; but onely in laying down theirs, strengthned him to use his own, as he should think fit, for the preservation of them all: so that it was not given, but left to him, and to him onely; and (excepting the limits set him by naturall Law) as entire, as in the condition of meer Nature, and of warre of every one against his neighbour.

From the definition of Punishment, I inferre, First, that neither private revenges, nor injuries of private men, can properly be stiled Punishment; because they proceed not from publique Authority.

Private injuries, and revenges no Punishments:

Nor denyall

of preferment: Nor pain inflicted without publique hearing:

Secondly, that to be neglected, and unpreferred by the publique favour, is not a Punishment; because no new evil is thereby on any man Inflicted; he is onely left in the estate he was in before.

Thirdly, that the evil inflicted by publique Authority, without precedent publique condemnation, is not to

be stiled by the name of Punishment; but of an hostile act; because the fact for which a man is Punished, ought first to be Judged by publique Authority, to be a transgression of the Law.

Fourthly, that the evil inflicted by usurped Judges without Authority from the Soveraign, is not Punishment; but an act of hostility; because the acts of power usurped, have not for Author, the person condemned; and therefore are not acts of publique Authority.

power, and

Nor pain inflicted by Usurped power:

intention, Nor pain inflicted without respect to the future good.

Fifthly, that all evil which is inflicted without or possibility of disposing the Delinquent, or (by his example) other men, to obey the Lawes, is not Punishment; but an act of hostility; because without such an end, no hurt done is contained under that name.

annexed by

Naturall evill conse

quences, no

Punishments.

Sixthly, whereas to certain actions, there be Nature, divers hurtfull consequences; as when a man in assaulting another, is himselfe slain, or wounded; or when he falleth into sicknesse by the doing of some unlawfull act; such hurt, though in respect of God, who is the author of Nature, it may be said to be inflicted, and therefore a Punishment divine; yet it is not contaned in the name of Punishment in respect of men, because it is not inflicted by the Authority

of man.

Seventhly, If the harm inflicted be lesse than of contentment that naturally followeth the crime committed, that harm is not within the definition; and is rather the Price, or Redemption, than the Punishment of a Crime: Because it is of the nature of Punishment, to have for end, the disposing of men to obey the Law; which end (if it be lesse than the benefit of the transgression) it attaineth not, but worketh a contrary effect.

Eighthly, If a Punishment be determined and prescribed in the Law it selfe, and after the crime committed, there be a greater Punishment inflicted, the excesse is not Punishment, but an act of hostility. For seeing the aym of Punishment is not a