Leviathan eBook

This eBook from the Gutenberg Project consists of approximately 732 pages of information about Leviathan.

Leviathan eBook

This eBook from the Gutenberg Project consists of approximately 732 pages of information about Leviathan.

Punishments Corporall Corporall Punishment is that, which is inflicted on the body directly, and according to the intention of him that inflicteth it:  such as are stripes, or wounds, or deprivation of such pleasures of the body, as were before lawfully enjoyed.

Capitall And of these, some be Capitall, some Lesse than Capitall.  Capitall, is the Infliction of Death; and that either simply, or with torment.  Lesse than Capitall, are Stripes, Wounds, Chains, and any other corporall Paine, not in its own nature mortall.  For if upon the Infliction of a Punishment death follow not in the Intention of the Inflicter, the Punishment is not be bee esteemed Capitall, though the harme prove mortall by an accident not to be foreseen; in which case death is not inflicted, but hastened.

Pecuniary Punishment, is that which consisteth not only in the deprivation of a Summe of Mony, but also of Lands, or any other goods which are usually bought and sold for mony.  And in case the Law, that ordaineth such a punishment, be made with design to gather mony, from such as shall transgresse the same, it is not properly a Punishment, but the Price of priviledge, and exemption from the Law, which doth not absolutely forbid the fact, but only to those that are not able to pay the mony:  except where the Law is Naturall, or part of Religion; for in that case it is not an exemption from the Law, but a transgression of it.  As where a Law exacteth a Pecuniary mulct, of them that take the 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.

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Leviathan from Project Gutenberg. Public domain.