whence it followeth, that if a subject shall by fact, or word, wittingly and deliberately deny the authority of the representative of the commonwealth (whatsoever penalty hath been formerly ordained for treason), he may lawfully be made to suffer whatsoever the representative will. For in denying subjection, he denies such punishment as by the law hath been ordained; and therefore suffers as an enemy of the commonwealth; 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 acts subjects, deliberately revolting, deny the sovereign power.
The first and most general distribution of punishments, is into “divine” and “human.” Of the former I shall have occasion to speak in a more convenient place hereafter.
“Human,” are those punishments that be inflicted by the commandment of man; and are either “corporal,” or “pecuniary,” or “ignominy,” or “imprisonment,” or “exile,” or mixed of these.
“Corporal 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.
And of these, some be “capital,” some “less” than “capital.” Capital, is the infliction of death; and that either simply or with torment. Less than capital, are stripes, wounds, chains, and any other corporal pain, not in its own nature mortal. For if upon the infliction of a punishment death follow not in the intention of the inflictor, the punishment is not to be esteemed capital, though the harm prove mortal 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 sum of money, but also of lands, or any other goods