10. Besides the crime which consists in violating the laws, and
varying from the right rule of reason, whereby a man so far becomes
degenerate, and declares himself to quit the principles of human
nature and to be a noxious creature, there is commonly injury done,
and some person or other, some other man, receives damage by his
transgression; in which case, he who hath received any damage has
(besides the right of punishment common to him, with other men) a
particular right to seek reparation from him that hath done it. And
any other person who finds it just may also join with him that is
injured, and assist him in recovering from the offender so much as may
make satisfaction for the harm he hath suffered.
11. From these two distinct rights (the one of punishing the
crime, for restraint and preventing the like offence, which right of
punishing is in everybody, the other of taking reparation, which
belongs only to the injured party) comes it to pass that the
magistrate, who by being magistrate hath the common right of punishing
put into his hands, can often, where the public good demands not the
execution of the law, remit the punishment of criminal offences by his
own authority, but yet cannot remit the satisfaction due to any
private man for the damage he has received.
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