an employed, that is, of
the man convicted, with regard to the punishment.

"With regard to _imprisonment_, that is a species of
punishment not to be considered alike in all cases, but ...,
that it would be proper for the judgment of the court to
state circumstances which will make the imprisonment fall
lighter or heavier, ... that would be proper, if I had not
been spared all trouble upon that account, by hearing it
solemnly avowed ... by the defendant himself, that
imprisonment was no kind of inconvenience to him; for that
certain employments, ... would occasion his confinement in
so close a way, that it was mere matter of circumstance
whether it happened in one place or another; and that the
longest imprisonment which this court could inflict for
punishment, was not beyond the reach of accommodation which
those occasions rendered necessary to him. In this respect,
therefore, imprisonment is not only, ... not an adequate
punishment to the offence, but the public are told, ... that
it will be _no punishment_.

"I stated in the third place to your Lordships, _the pillory
to have been the usual punishment for this species of
offence_. I apprehend it to have been so, in this case, for
above two hundred years before the time when prosecutions
grew rank in the Star-Chamber ... the punishment of the
pillory was inflicted, not only during the time that such
prosecutions were rank in the Star-Chamber, but it also
continued to be inflicted upon this sort of crime, and that
by the best authority, after the time of the abolishing the
Star-Chamber, after the time of the Revolution, and while my
Lord Chief Justice Holt sat in this court.

"I would desire no better, no more pointed, nor any more
applicable argument than what that great chief justice used,
when it was contended before him that an abuse upon
government, upon the administration of several parts of
government, amounted to nothing, because there was no abuse
upon any particular man. That great chief justice said, they
amounted to much more; they are _an abuse upon all men_.
Government cannot exist, if the law cannot restrain that
sort of abuse. Government cannot exist, unless ... the full
punishment is inflicted which the most approved times have
given to offences of m