Locke, John (1632-1704)

The Second Treatise of Government [from Two Treatises of Government]

London

Printed for Awnsham and John Churchill

1689

"And Cain was so fully convinced, that every one had a Right to destroy such a Criminal, that after the Murther 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."

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 he has received. That, he who has suffered the damage has a Right to demand in his own name, and he alone can remit; The damnified Person has this Power of appropriating to himself, the Goods or Service of the Offender, by Right of self Preservation, as every Man has a Power to punish the Crime, to prevent its being committed again, by the Right he has of Preserving all Mankind, and doing all reasonable things, he can in order to that end: And thus it is, that every Man in the State of Nature, has a Power to kill a muderer, both to deter others from doing the like injury, which no reparation can compensate, by the Example of the punishment that attends it from every body, and also to secure Men from the attempts of a Criminal, who having renounced reason, the common Rule and Measure God hath given to Mankind, hath by the unjust violence and slaughter, he hath committed upon one, declared War against all Mankind, and therefore may be destroyed as a Lion or a Tiger, one of those wild Savage Beasts, with whom Men can have no Society nor Security: And upon this is grounded that great Law of Nature, who so sheddeth Mans Blood, by Man shall his Blood be shed. And Cain was so fully convinced, that every one had a Right to destroy such a Criminal, that after the Murther 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.
(II.ii.11, pp. 227-9)

Writing::Law

Searching in Past Masters; text from ECCO-TCP.

First published anonymously. At least 12 entries in ESTC (1690, 1694, 1698, 1713, 1728 1764, 1766, 1772, 1779, 1794, 1796). The Second Treatise is published separately in editions not listed in the foregoing parentheses.

Two Treatises of Government in the Former, the False Principles and Foundation of Sir Robert Filmer and His Followers Are Detected and Overthrown, the Latter Is an Essay Concerning the True Original, Extent, and End of Civil Government. (London: Printed for Awnsham Churchill, 1690). <Link to ESTC><Link to EEBO-TCP>

12/06/2004