r word, wittingly, and deliberatly deny the authority of
the Representative of the Common-wealth, (whatsoever penalty hath
been formerly ordained for Treason,) he may lawfully be made to suffer
whatsoever the Representative will: For in denying subjection, he denyes
such Punishment as by the Law hath been ordained; and therefore suffers
as an enemy of the Common-wealth; that is, according to the will of
the Representative. For the Punishments set down in the Law, are to
Subjects, not to Enemies; such as are they, that having been by their
own act Subjects, deliberately revolting, deny the Soveraign Power.
The first, and most generall distribution of Punishments, is into
Divine, and Humane. Of the former I shall have occasion, to speak, in a
more convenient place hereafter.
Humane, are those Punishments that be inflicted by the Commandement
of Man; and are either Corporall, or Pecuniary, or Ignominy, or
Imprisonment, or Exile, or mixt of these.
Punishments Corporall
Corporall Punishment is that, which is inflicted on the body directly,
and according to the intention of him that inflicteth it: such as are
stripes, or wounds, or deprivation of such pleasures of the body, as
were before lawfully enjoyed.
Capitall
And of these, some be Capitall, some Lesse than Capitall. Capitall, is
the Infliction of Death; and that either simply, or with torment. Lesse
than Capitall, are Stripes, Wounds, Chains, and any other corporall
Paine, not in its own nature mortall. For if upon the Infliction of
a Punishment death follow not in the Intention of the Inflicter, the
Punishment is not be bee esteemed Capitall, though the harme prove
mortall by an accident not to be foreseen; in which case death is not
inflicted, but hastened.
Pecuniary Punishment, is that which consisteth not only in the
deprivation of a Summe of Mony, but also of Lands, or any other goods
which are usually bought and sold for mony. And in case the Law, that
ordaineth such a punishment, be made with design to gather mony, from
such as shall transgresse the same, it is not properly a Punishment,
but the Price of priviledge, and exemption from the Law, which doth not
absolutely forbid the fact, but only to those that are not able to pay
the mony: except where the Law is Naturall, or part of Religion; for in
that case it is not an exemption from the Law, but a transgression of
it. As where a Law exacteth a Pecuniary mulct, of them that take the
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