any other Crime proposed.

Publique Crimes What

Lastly, because in almost all Crimes there is an Injury done, not onely
to some Private man, but also to the Common-wealth; the same Crime, when
the accusation is in the name of the Common-wealth, is called Publique
Crime; and when in the name of a Private man, a Private Crime; And the
Pleas according thereunto called Publique, Judicia Publica, Pleas of the
Crown; or Private Pleas. As in an Accusation of Murder, if the accuser
be a Private man, the plea is a Private plea; if the accuser be the
Soveraign, the plea is a Publique plea.

CHAPTER XXVIII. OF PUNISHMENTS, AND REWARDS

The Definition Of Punishment

"A PUNISHMENT, is an Evill inflicted by publique Authority, on him that
hath done, or omitted that which is Judged by the same Authority to be
a Transgression of the Law; to the end that the will of men may thereby
the better be disposed to obedience."

Right To Punish Whence Derived

Before I inferre any thing from this definition, there is a question to
be answered, of much importance; which is, by what door the Right, or
Authority of Punishing in any case, came in. For by that which has
been said before, no man is supposed bound by Covenant, not to resist
violence; and consequently it cannot be intended, that he gave any right
to another to lay violent hands upon his person. In the making of a
Common-wealth, every man giveth away the right of defending another; but
not of defending himselfe. Also he obligeth himselfe, to assist him that
hath the Soveraignty, in the Punishing of another; but of himselfe
not. But to covenant to assist the Soveraign, in doing hurt to another,
unlesse he that so covenanteth have a right to doe it himselfe, is not
to give him a Right to Punish. It is manifest therefore that the Right
which the Common-wealth (that is, he, or they that represent it) hath to
Punish, is not grounded on any concession, or gift of the Subjects.
But I have also shewed formerly, that before the Institution of
Common-wealth, every man had a right to every thing, and to do
whatsoever he thought necessary to his own preservation; subduing,
hurting, or killing any man in order thereunto. And this is the
foundation of that right of Punishing, which is exercised in every
Common-wealth. For the Subjects did not give the Soveraign that right;
but onely in laying down theirs, strengthned him to use his own, as he
should think fit, for the pr