Where The Punishment Is Annexed To The Law, A Greater Hurt Is Not Punishment, But Hostility Eighthly, If a Punishment be determined and prescribed in the Law it selfe, and after the crime committed, there be a greater Punishment inflicted, the excesse is not Punishment, but an act of hostility.  For seeing the aym of Punishment is not a revenge, but terrour; and the terrour of a great Punishment unknown, is taken away by the declaration of a lesse, the unexpected addition is no part of the Punishment.  But where there is no Punishment at all determined by the Law, there whatsoever is inflicted, hath the nature of Punishment.  For he that goes about the violation of a Law, wherein no penalty is determined, expecteth an indeterminate, that is to say, an arbitrary Punishment.

Hurt Inflicted For A Fact Done Before The Law, No Punishment Ninthly, Harme inflicted for a Fact done before there was a Law that forbad it, is not Punishment, but an act of Hostility:  For before the Law, there is no transgression of the Law:  But Punishment supposeth a fact judged, to have been a transgression of the Law; Therefore Harme inflicted before the Law made, is not Punishment, but an act of Hostility.

The Representative Of The Common-wealth Unpunishable Tenthly, Hurt inflicted on the Representative of the Common-wealth, is not Punishment, but an act of Hostility:  Because it is of the nature of Punishment, to be inflicted by publique Authority, which is the Authority only of the Representative it self.

Hurt To Revolted Subjects Is Done By Right Of War, Not By Way Of Punishment Lastly, Harme inflicted upon one that is a declared enemy, fals not under the name of Punishment:  Because seeing they were either never subject to the Law, and therefore cannot transgresse it; or having been subject to it, and professing to be no longer so, by consequence deny they can transgresse it, all the Harmes that can be done them, must be taken as acts of Hostility.  But in declared Hostility, all infliction of evill is lawfull.  From whence it followeth, that if a subject shall by fact, or 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.