over him. Those who have the supreme power of making laws in England,
France or Holland, are to an Indian, but like the rest of the world, men
without authority: and therefore, if by the law of nature every man hath
not a power to punish offences against it, as he soberly judges the case
to require, I see not how the magistrates of any community can punish an
alien of another country; since, in reference to him, they can have no
more power than what every man naturally may have over another.
Sect, 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.
Sect. 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