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and gracious Merits were in their Nature, confidering the infinite Dignity of the Perfon, fufficient to have fully fatisfied for an infinite Offence, if God had been infinitely 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 alfo, (for all Laws, as was fhewn fect. 8. muft of neceffity tend to fome good) is nothing fcholaftically done. For that even the Breach of human Laws (from whence the Allegories in the Objection were occafi oned) is esteemed an Offence against the Maker of them, more commonly, than cau tioully,fhall, in the following Section (which for illuftration rather than neceffity, is here, inferted) be made appear.

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The End of Human Laws is the Good of the Community. The Breach of them is evil, as it hinders the fame, and not as it meerly oppofes the Will of the Legiflator. Every Breach of them is more or less evil, as it is more or less prejudicial to the general Goods and has in that refpect a greater or lefs Penalty affigned thereunto. Penal Laws are made for preventing of Evils that might happen for want of them, and not to take revenge on the Tranfgreffor of the Law for neglecting or croffing the Legiflator's Will.



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'Would be wholly frivolous and impertinent 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 fome End or other is defigned in the making of all human Laws.

2. And forafmuch as the End defigned in the making of them, muft, if the Inftitution of Government (which is the Ordinance of God) be not deserted, but kept



to, be fomething that is intended for good, 'tis plain, fince Laws generally respect the whole City, Province, or Nation where they are made, that the good of the Community (confifting of the governour and governed) is the general End defigned, (according to the Inftitution of Government by God) in the making of human Laws.

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3. For if to have the Legiflator's Will obeyed otherwife than with regard had to the general good, were the End aimed at in the conftituting of human Laws, ther might the Law-giver of right enact any thing for Law, though known as well by himfelf 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 therein what directly tended to the End of Government, to wit, Obedience; whereas in truth Obedience performed to the Command of the Law-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 defign the common Good; and therefore every Law, as it contributes more or lefs to the benefit of the Community, is more or less good and by confequence likewife the Breach of

every Law is a greater or lefs Evil, Fault or Crime, by how much the observance of the Law whereof it is a violation, is more or lefs conducible to the public Commodity auodelis

5. Hence it follows, that Penalties inferted 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 fhort of attaining its End.

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6. For fince there will be in all places where there's need of Government, fome good, and fome bad people, 'tis requifite that convenient provifion be made by Laws, that the good defigned to be obtained by Government should be effected and brought to pafs, 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 refpect of bad men, to awe them, and through the fear of Chaftifement, Amercement, or other Penalty, to affright them into their Duty, or to do what is beneficial to the Public; or, in cafe their Malignity be fuch, as that wand whethere's

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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 obftruct 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

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17. For that the true intent of the Law in punishing Offenders, is, that which hath 1been faid, will farther appear from this, that the Law authorizeth the fupream Magistrate 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 Offence committed. were the thing aimed at in the enjoyning of Penalties. For to free an Offender without Satisfaction, when the Law requires Satisfaction, is to do Injuftice; which the Law, that requires Juftice to be done, could not without contradicting it felf,empower him to do. But if by commanding of Punishment to be inflicted on the Tranfgreffors 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 fuch cafe fhould be remitted, when the inflicting of

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