And Cain was so fully convinced, that every one had a
right to destroy such a criminal, that after the murder of his
brother, he cries out, Every one that findeth me, shall slay
me; so plain was it writ in the hearts of all mankind.
Sect. 12. By the same reason may a man in the state of
nature punish the lesser breaches of that law. It will perhaps
be demanded, with death? I answer, each transgression may be
punished to that degree, and with so much severity, as will
suffice to make it an ill bargain to the offender, give him cause
to repent, and terrify others from doing the like. Every
offence, that can be committed in the state of nature, may in the
state of nature be also punished equally, and as far forth as it
may, in a commonwealth: for though it would be besides my present
purpose, to enter here into the particulars of the law of nature,
or its measures of punishment; yet, it is certain there is such
a law, and that too, as intelligible and plain to a rational
creature, and a studier of that law, as the positive laws of
commonwealths; nay, possibly plainer; as much as reason is easier
to be understood, than the fancies and intricate contrivances of
men, following contrary and hidden interests put into words; for
so truly are a great part of the municipal laws of countries,
which are only so far right, as they are founded on the law of
nature, by which they are to be regulated and interpreted.
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