name of God in vaine, the payment of the mulct, is not the price of a
dispensation to sweare, but the Punishment of the transgression of a Law
undispensable. In like manner if the Law impose a Summe of Mony to be
payd, to him that has been Injured; this is but a satisfaction for the
hurt done him; and extinguisheth the accusation of the party injured,
not the crime of the offender.

Ignominy

Ignominy, is the infliction of such Evill, as is made Dishonorable;
or the deprivation of such Good, as is made Honourable by the
Common-wealth. For there be some things Honorable by Nature; as the
effects of Courage, Magnanimity, Strength, Wisdome, and other abilities
of body and mind: Others made Honorable by the Common-wealth; as Badges,
Titles, Offices, or any other singular marke of the Soveraigns favour.
The former, (though they may faile by nature, or accident,) cannot be
taken away by a Law; and therefore the losse of them is not Punishment.
But the later, may be taken away by the publique authority that made
them Honorable, and are properly Punishments: Such are degrading men
condemned, of their Badges, Titles, and Offices; or declaring them
uncapable of the like in time to come.

Imprisonment

Imprisonment, is when a man is by publique Authority deprived of
liberty; and may happen from two divers ends; whereof one is the safe
custody of a man accused; the other is the inflicting of paine on a man
condemned. The former is not Punishment; because no man is supposed
to be Punisht, before he be Judicially heard, and declared guilty.
And therefore whatsoever hurt a man is made to suffer by bonds, or
restraint, before his cause be heard, over and above that which is
necessary to assure his custody, is against the Law of Nature. But the
Later is Punishment, because Evill, and inflicted by publique Authority,
for somewhat that has by the same Authority been Judged a Transgression
of the Law. Under this word Imprisonment, I comprehend all restraint of
motion, caused by an externall obstacle, be it a House, which is called
by the generall name of a Prison; or an Iland, as when men are said to
be confined to it; or a place where men are set to worke, as in old time
men have been condemned to Quarries, and in these times to Gallies; or
be it a Chaine, or any other such impediment.

Exile

Exile, (Banishment) is when a man is for a crime, condemned to depart
out of the dominion of the Common-wealth, or out of