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and gracious Merits were in their Nature, considering the infinite Dignity of the Person, fufficient to have fully satisfied for an infinite Offence, if God had been infinite
offended ) but to bring them from the Pulpit to the Schools, as if the Law given by God to Man, had been really intended not for Man's good alone, but his own also, ( for all Laws, as was shewn fe&. 8. must of neceflity tend to some good ) is nothing scholastically done. For thateven the Breach of human Laws ( from whence the Allegories in the Objection were occasi oned ) is esteemed an Offence against the Maker of them, more commonly, than cautioully,shall in the following Section (which, for illustration rather than necessity, is here, inserted) be made appear.
The End of Human Lapos is the Good of the
Community. The Breach of them is evil, as it hinders the fame, and not as it meerly opposes the Will of the Legislator. Every Breach of them is more or lejs evil, as it is more or less prejudicial to the general Goods and has in that respect a greater or less Penalty assigned thereunto. Penal Laws are made for preventing of Evils that might happen for want of them, and not to take revenge on the Transgressor of the Law fur negle&ting or crossing the Legislator's Wil.
Would be wholly frivolous and im
pertinent for men to make Laws, if the end for which they are made, could be had and enjoyed without the making of them; and therefore some End' or other is designed in the making of all human Laws.
2. And forasmuch as the End designed in the making of them, must, if the Institution of Government (which is the Ordinance of God) be not deserted, but kept
to, be something that is intended for good, 'riš plain, firice Laws generally respect the whole City, Province, or Nation where they are made, that the good of the Community (consisting of the governour and governed ) is the general End designed, (ac. cording to the Institution of Government by God) in the making of human Laws.
3. For if to have the Legislator's Will obeyed otherwise than with regard had to the general good, were the End aimed at in the constituting of human Laws, the might the Law-giver of right enact any thing for Law, though known as well by himself as the People, to be destructive of the common good, provided it were the Legislator's mind to be obeyed in the observance of it, because he would act thereini what directly tended to the End of Governmeat, to wit, Obedience; whereas in truth Obedience performed to the Command of theLaw-giver, is a means by which the End of Government, the Public Weal or Good is to be obtained, and not the End it self.
4. Laws then ought of right to design the common Good; and therefore every Law, as it contributes more or less to the benefit of the Community, is more or less good; and by 'consequence likewise the Breach of
every Law is a greater or less Evil, Fault or Crime, by how much the observance of the Law whereof it is a violation, is more or less conducible to the public Commodity.
aDoCI 5. Hence it follows, that Penalties inserted in Laws are not intended as pure Revenge for offending the Law-giver in the breaking of his Laws; but are real Branches of the several Laws wherein they are found, tending to enforce, through fear of the Pe-nalty to be inflicted, the performance of the thing commanded to be done or abstained from, when the Laws directive part shall fall short of attaining its End. r, 6. For since there will be in all places where there's need of Government, fome good, and some bad people, 'tis requisite that convenient provision be made by Laws, that the good designed to be obtained by Government should be effected and brought to pass, as much as may be, by both forts. And the way to do it in respect of good men, is to direct them, but in respect of bad men, fear of Chastisement, Amercement, or other Penalty, to affright them into their Duty, or to do what is beneficial to the Public; of, in case their Malignity bě such; as that
"there's no hope of Amendment, to remove them either by perpetual Imprisonment, or Exile, or Death, out of the way, that they -may not for the future obstruct the good which the Government labours for ; and that others by their example may be deter-red-from committing the like Crimes for which "they undergo the Penalty of the
Law in For that the true intent of the Law
in punishing Offenders, is, that which hath been said, will farther appear from this, that the Lawauthorizeth the supream Magistrato to difpenfe with Penalties in Criminals, which of right it could not do, if meer Revenge, or Satisfaction by way of condign Punishment for the Offerice committed, were the thing 'aimed at in the enjoyning of Penalties. För to free an Offender without Satisfa&ion, when the Law requires Satisfa&ion, is to do Injustice ; which the Law, that requires Justice to be done, could not without contradi&ting it felf, empower him to do. But if by commanding of Punishment to be inflicted on the 'Transgressors of the Law, the Security of the public Peace be aimed at, then is it not only equitable, that the Penalty of a Law in such cafe hould be rearted, when the inflicting of