All Punishments of Innocent subjects, be they great or little, are
against the Law of Nature; For Punishment is only of Transgression of
the Law, and therefore there can be no Punishment of the Innocent. It
is therefore a violation, First, of that Law of Nature, which forbiddeth
all men, in their Revenges, to look at any thing but some future good:
For there can arrive no good to the Common-wealth, by Punishing the
Innocent. Secondly, of that, which forbiddeth Ingratitude: For seeing
all Soveraign Power, is originally given by the consent of every one of
the Subjects, to the end they should as long as they are obedient, be
protected thereby; the Punishment of the Innocent, is a rendring of
Evill for Good. And thirdly, of the Law that commandeth Equity; that
is to say, an equall distribution of Justice; which in Punishing the
Innocent is not observed.
But The Harme Done To Innocents In War, Not So
But the Infliction of what evill soever, on an Innocent man, that is not
a Subject, if it be for the benefit of the Common-wealth, and without
violation of any former Covenant, is no breach of the Law of Nature.
For all men that are not Subjects, are either Enemies, or else they have
ceased from being so, by some precedent covenants. But against Enemies,
whom the Common-wealth judgeth capable to do them hurt, it is lawfull by
the originall Right of Nature to make warre; wherein the Sword Judgeth
not, nor doth the Victor make distinction of Nocent and Innocent, as to
the time past; nor has other respect of mercy, than as it conduceth to
the good of his own People. And upon this ground it is, that also
in Subjects, who deliberatly deny the Authority of the Common-wealth
established, the vengeance is lawfully extended, not onely to the
Fathers, but also to the third and fourth generation not yet in being,
and consequently innocent of the fact, for which they are afflicted:
because the nature of this offence, consisteth in the renouncing of
subjection; which is a relapse into the condition of warre, commonly
called Rebellion; and they that so offend, suffer not as Subjects, but
as Enemies. For Rebellion, is but warre renewed.
Reward, Is Either Salary, Or Grace