Page:Two Treatises of Government.djvu/214

This page has been proofread, but needs to be validated.
Of Civil-Government.

<span title="neceſſary">ſary, deſtroy things noxious to them, and ſo may bring ſuch evil on any one, who hath tranſgreſſed that law, as may make him repent the doing of it, and thereby deter him, and by his example others, from doing the like miſchief. And in this caſe, and upon this ground, every man hath a right to puniſh the offender, and be executioner of the law of nature.

§. 9. I doubt not but this will ſeem a very ſtrange doctrine to ſome men: but before they condemn it, I deſire them to reſolve me, by what right any prince or ſtate can put to death, or puniſh an alien, for any crime he commits in their country. It is certain their laws, by virtue of any ſanction they receive from the promulgated will of the legiſlative, reach not a ſtranger: they ſpeak not to him, nor, if they did, is he bound to hearken to them. The legiſlative authority, by which they are in force over the ſubjects of that common-wealth, hath no power 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