§. 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
beside 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 truly so 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.
