therefore whatsoever hurt a man is made to suffer by bonds, or restraint, before his cause be heard, over and above that which is necessary to assure his custody, is against the law of Nature. But the latter is punishment, because evil, and inflicted by public authority, for somewhat that has by the same authority been judged a transgression of the law. Under this word imprisonment, I comprehend all restraint of motion, caused by an external obstacle, be it a house, which is called by the general name of a prison, or an island, as when men are said to be confined to it, or a place where men are set to work, as in old time men have been condemned to quarries, and in these times to galleys; or be it a chain or any other such impediment.
“Exile” (banishment) is when a man is for a crime condemned to depart out of the dominion of the commonwealth, or out of a certain part thereof, and during a prefixed time, or forever, not to return into it; and seemeth not in its own nature, without other circumstances, to be a punishment; but rather an escape, or a public commandment to avoid punishment by flight. And Cicero says, there was never any such punishment ordained in the city of Rome; but calls it a refuge of men in danger. For if a man banished, be nevertheless permitted to enjoy his goods, and the revenue of his lands, the mere change of air is no punishment, nor does it tend to that benefit of the commonwealth, for which all punishments are ordained, that is to say, to the forming of men’s wills to the observation of the law; but many times to the damage of the commonwealth. For a banished man is a lawful enemy of the commonwealth that banished him, as being no more a member of the same. But if he be withal deprived of his lands or goods, then the punishment lieth not in the exile, but is to be reckoned amongst punishments pecuniary.
All punishments of innocent subjects, be they great or little, are against the law of Nature; for punishment is only for transgression of the law, and therefore there can be no punishment of the innocent. It is therefore