a certaine part
thereof; and during a prefixed time, or for ever, not to return into it:
and seemeth not in its own nature, without other circumstances, to be
a Punishment; but rather an escape, or a publique commandement to
avoid Punishment by flight. And Cicero sayes, there was never any such
Punishment ordained in the City of Rome; but cals it a refuge of men in
danger. For if a man banished, be neverthelesse permitted to enjoy
his Goods, and the Revenue of his Lands, the meer change of ayr is no
punishment; nor does it tend to that benefit of the Common-wealth, for
which all Punishments are ordained, (that is to say, to the forming of
mens wils to the observation of the Law;) but many times to the dammage
of the Common-wealth. For a Banished man, is a lawfull enemy of the
Common-wealth that banished him; as being no more a Member of the
same. But if he be withall deprived of his Lands, or Goods, then
the Punishment lyeth not in the Exile, but is to be reckoned amongst
Punishments Pecuniary.

The Punishment Of Innocent Subjects Is Contrary To The Law Of Nature

All Punishments of Innocent subjects, be they great or little, are
against the Law of Nature; For Punishment is only of Transgression of
the Law, and therefore there can be no Punishment of the Innocent. It
is therefore a violation, First, of that Law of Nature, which forbiddeth
all men, in their Revenges, to look at any thing but some future good:
For there can arrive no good to the Common-wealth, by Punishing the
Innocent. Secondly, of that, which forbiddeth Ingratitude: For seeing
all Soveraign Power, is originally given by the consent of every one of
the Subjects, to the end they should as long as they are obedient, be
protected thereby; the Punishment of the Innocent, is a rendring of
Evill for Good. And thirdly, of the Law that commandeth Equity; that
is to say, an equall distribution of Justice; which in Punishing the
Innocent is not observed.

But The Harme Done To Innocents In War, Not So

But the Infliction of what evill soever, on an Innocent man, that is not
a Subject, if it be for the benefit of the Common-wealth, and without
violation of any former Covenant, is no breach of the Law of Nature.
For all men that are not Subjects, are either Enemies, or else they have
ceased from being so, by some precedent covenants. But against Enemies,
whom the Common-wealth judgeth capable to do them hurt, it is lawfull by
the originall Right of N