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Chip-28 OfCOMMON-WE ALTH. which is exercifed in every Commonwealth.‘ Forthe fillblcag did not z,ive the Soveraignthat tight, but onely in laying colwn t térs, {trengthned him to ufe his Oivn,‘ as he ihould thinh ht, for tie pre ervatioh of them all : fothat it was not given, but left to. him, and to him onely -, and (excepting the limits let him by natural} Ian) as en- tire, as in the condition of meet Nature, and of warre 0 every One ‘ a tainft his neighbour; . _ pmfl", é)i-rom the dgfinitionof Punifhrne'nt, Iinferre, Firit, timhencfttilllccé 7i£rierflnd re- private reven cs, nor injuries of private men, can ptogir y 't w, gar m: I'M/Wm": Puniihment -, ecaufe they pro:eed not from publique ut ioriby. 36:2,", m man Infliéte‘d, he is onely left inthe eftate he was in before. , ‘ Thirdly, that the will inflicted by publiquaiikuitgorilty, Without': fiiam Wit/J- precedent publique condemnation, is not to be ‘l e - yt 11: name 0 WWII/17m Puniihment -, but of an hoftile act ,becaufe the fact for w. it ia man beams -' is Puniflied, ought firft to be judged by publique Authority, to be a tranfgreifion of the Law. Nor m it- 'ofCOMMoN-WEALTH,‘ Chafing; the Punifhment. But where there is no Puniihment at all determined ‘ Fourthly, that the evillinfliéted by ufurped Power , and judges MM 5) "- without Authority from the Soveraign, is not Puniihment afibut an [WWI WW" aét of hoflility; becaufe the an; of power uiurped,have no: for Author, the perfon condemned ~, and therefore are not acts of publiquc "" by the Law, there whatfoever is infliaed, hath the nature of Punifl - ment. For he that goes about the violation of a Law , _wherem no penalty is determined, expcéteth an indeterminate, that is to fay, an arbitrar Puniihmentr . , . Nint ly, Harme inflié'red for a Fact done before there was a Law Hurt inthat forbad it, is not Puniihment, but an act of Hoflility: For before fliffed for 4 _ faif done be= the Law, there is notranfgreifion of the Law: But Punifhment fu P - fore theL m, pofeth a fact judged,to have been a tranfgreifion of theLaw ; There- m Puniflaact of Hofiility. ‘ r , Tenthly, Hurt inflicted on the Reprefentative of the Common- The R51"?mi 2/: of wealth, is not Punifhmcnt, but an aét of Hoi'tility: Becaufe it is fm: the (‘gmman‘ ofthe nature of Punifhment, to be inflié'ted by publique Authority, wealth flap"which is the Authorin only of the Reptefentarive it felf. niflyalzle. Lafily, Harme infliéted upon one that is a declared enemy, fals' not under the name of Puniihment: Becaufe feeing they were either never fubjeét to the Law, and therefore cannot tranfgreffe it 5 or ha- Hwt to R:wlted Sub- flility, all infliétion of evill is lawfull. From whence it followcth, ntflfiflt'flfc jell': it done . ving been fubjeét to it, and profeiiing to be no longer f0, by con- by rig/rt of fequence deny they can tranfgreife it, all the Harmes that can be War, net 5] done them, mufl be taken as ae‘ts ofHoiiility. But in declared Ho-‘ :74} 0f P11‘ . . . . Authority. m 1;»- Fifthly,that all evill which is inflir'ted Without intention, or polite that if a fubjeét {hall by faét, or word, wittingly; and deliberatly denythe authority of the Reprefentative of the Common-wealth, fidZdP wit/r; bility of difpofing the Delinquent, or ( by his example ) other men, mnfpdi ,0 to obey the Lawes, is not Puniihment ~, but an act of ilofhllty; bem the future caufe without fuch an end , no hurt done is contained under that (whatioever penalty hath been formerly ordained for Treafon,) he N . name. M"- NMWH (_ . Sixthly, whereas to certain actions, there be annexed by Nfiture, 1,," cszt- divers hurtful! confequences 335 when a man in affaulting anOt er,gs qumm, no himfelfe flain, or wounded", or when he falleth into fickneife by t c 1'Wilkmm- doing of fome unlawfull act, fuch hurt, though in refpeét of .God, who is the author of Nature, it may be faid to be inflicted, and there< fore a Puniihment divine; yet it is not contaned in the name ,of Pu- niihment in refpeét of men, becaufe it is not inflicted by the AutilO‘ rity of man. . Seventhly, If the harm inflicted be leife than the benefit, or conHm ,~, fi,_ mi .f my tentmentthat naturally followeth the crime committed, that harm z/Wm éme- is not within the definition -, and is rather the Price, or Redemption, (5' fl 'Wi'f- than the l'uniihmentof aCrime : Becaufe itis of the nature or Pu- ‘qff/"ilii‘vw; niihment, to have for tnd,the difpoiing of men to obey the Law; 1",,"W'7‘ which end ( if it be lefle than the benefit of the tranfgreiiion) it at- .. {A . _ '1'er 1L: tain‘eth not, but worketh acontrary effect. highthly,1t a lfunilhrnent be determined and prefcribed in ti» 17,,,,,-,,,,.,, r'« .wam‘ :~ Lawn iclte, and alter the crime committed, there be a greater 1'1;n'r Law .4 nuhment im‘iieted, the exceile is not Puniihment, but an act of hoih- ' lily. liot feeing the aym of Punilhment is not a revenge, but ter- , . _ ',l , rour ; and the terrour of a great Puniihment unknown, is taken and}: i {53‘ fore Harme inflicted before the Law made, is not Puniihment, but an meat. Secondly, that tobe healected,aiid unpreferred by the pu 1un N" 4‘7"" favour, is nota Puniihment ~, becaufe no new evrll is thereby on any of ["99" '14an l‘l' thc declaration ofaleile, the unexpefted addition is no part 0I may lawfully be made to fuffer whatfoever the Reprefentative will For in denying fubjeétion,he denyes fuch Punifliment as by the Law hath been ordained 5 and therefore fuffers as an enemy of the C om- mon-wealth; that is,according to the will of the Repre fentative. For the Puniihments fet down in the Law,are to Subjeétsmot to Enemies; fuch .is are they, that having been by their own act SubjeCtS, deli- berately revolting, deny the Soveraign Power. . .The firfl, and moi't generalldiflribtition of Puniihmcnts, _Dwme, and Humane. Ofthc former Iihall have occaiion, to is into‘/ {peak in a more convenient place hereafter. » . Humane, are thofe Puniihments that be inflicted by the Com‘ mandcment of Man 5 and are either Corpora/l, or Pecuniary or Ignommy, or Imprtflmmmt, or Exile, or mixt of thefe.‘ , Corpom/l Pllfllfllmt'fif is that,which is inflicted on the body directly , and according to thcintention of him that inflicteth it: fuch as are: Pumihmenti ("pan-t". (tapes, or wounds, or deprivation of fuch pleafutes of the body . as' were before lawfully enjoyed. ) And oi'thefe, forne be Ca ita/l, fome Leflé than Capit al/.1 Cap? éapim/t.' toll, is the Infliction ofDeat i 5 and that eith ment, Leffc than Capitall,are Stripes, er fimply, or with torWounds, Chains, and any 0ther Corporall P arm, not in its own natu the Inflietion ofa Punilhment death follow re mortal]. for if upon not in the intention of _ _ the Inflitter , the P unifliine nt 13 not to bee efieemed Capitall, though the harmc p rove inortali by an accident not to be fore- the Y {Ct‘h :. |