ime committed, that harm is
not within the definition; and is rather the Price, or Redemption, than
the Punishment of a Crime: Because it is of the nature of Punishment, to
have for end, the disposing of men to obey the Law; which end (if it
be lesse that the benefit of the transgression) it attaineth not, but
worketh a contrary effect.

Where The Punishment Is Annexed To The Law, A Greater Hurt Is Not

Punishment, But Hostility

Eighthly, If a Punishment be determined and prescribed in the Law it
selfe, and after the crime committed, there be a greater Punishment
inflicted, the excesse is not Punishment, but an act of hostility. For
seeing the aym of Punishment is not a revenge, but terrour; and the
terrour of a great Punishment unknown, is taken away by the declaration
of a lesse, the unexpected addition is no part of the Punishment.
But where there is no Punishment at all determined by the Law, there
whatsoever is inflicted, hath the nature of Punishment. For he that
goes about the violation of a Law, wherein no penalty is determined,
expecteth an indeterminate, that is to say, an arbitrary Punishment.

Hurt Inflicted For A Fact Done Before The Law, No Punishment

Ninthly, Harme inflicted for a Fact done before there was a Law that
forbad it, is not Punishment, but an act of Hostility: For before the
Law, there is no transgression of the Law: But Punishment supposeth a
fact judged, to have been a transgression of the Law; Therefore
Harme inflicted before the Law made, is not Punishment, but an act of
Hostility.

The Representative Of The Common-wealth Unpunishable

Tenthly, Hurt inflicted on the Representative of the Common-wealth, is
not Punishment, but an act of Hostility: Because it is of the nature
of Punishment, to be inflicted by publique Authority, which is the
Authority only of the Representative it self.

Hurt To Revolted Subjects Is Done By Right Of War, Not

By Way Of Punishment

Lastly, Harme inflicted upon one that is a declared enemy, fals not
under the name of Punishment: Because seeing they were either never
subject to the Law, and therefore cannot transgresse it; or having been
subject to it, and professing to be no longer so, by consequence deny
they can transgresse it, all the Harmes that can be done them, must be
taken as acts of Hostility. But in declared Hostility, all infliction of
evill is lawfull. From whence it followeth, that if a subject shall
by fact, o