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.
Imprisonment