The English works of Thomas Hobbes of Malmesbury, Volume 03 (of 11)
Thomas Hobbes · en
All punishments of innocent subjects, be they great or little, are
against the law of nature; for punishment is only for 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 anything but some future good:
for there can arrive no good to the commonwealth, by punishing the
innocent. Secondly, of that, which forbiddeth ingratitude: for seeing
all sovereign 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 rendering of
evil for good. And thirdly, of the law that commandeth equity; that is
to say, an equal distribution of justice; which in punishing the
innocent is not observed.
[Sidenote: But the harm done to innocents in war not so.]
But the infliction of what evil soever, on an innocent man, that is not
a subject, if it be for the benefit of the commonwealth, 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 commonwealth judgeth capable to do them hurt, it is lawful by
the original right of nature to make war; 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. [Sidenote: Nor that which is done to declared
rebels.] And upon this ground it is, that also in subjects, who
deliberately deny the authority of the commonwealth established, the
vengeance is lawfully extended, not only 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 war, commonly called rebellion; and they that so
offend, suffer not as subjects, but as enemies. For _rebellion_, is but
war renewed.
[Sidenote: Reward is either salary or grace.]