Imprisonment, is when a man is by publique Authority deprived of
liberty; and may happen from two divers ends; whereof one is the safe
custody of a man accused; the other is the inflicting of paine on a man
condemned. The former is not Punishment; because no man is supposed
to be Punisht, before he be Judicially heard, and declared guilty.
And 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
Later is Punishment, because Evill, and inflicted by publique 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 externall obstacle, be it a House, which is called
by the generall name of a Prison; or an Iland, as when men are said to
be confined to it; or a place where men are set to worke, as in old time
men have been condemned to Quarries, and in these times to Gallies; or
be it a Chaine, or any other such impediment.
Exile
Exile, (Banishment) is when a man is for a crime, condemned to depart
out of the dominion of the Common-wealth, or out of a certaine part
thereof; and during a prefixed time, or for ever, 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 publique commandement to
avoid Punishment by flight. And Cicero sayes, there was never any such
Punishment ordained in the City of Rome; but cals it a refuge of men in
danger. For if a man banished, be neverthelesse permitted to enjoy
his Goods, and the Revenue of his Lands, the meer change of ayr is no
punishment; nor does it tend to that benefit of the Common-wealth, for
which all Punishments are ordained, (that is to say, to the forming of
mens wils to the observation of the Law;) but many times to the dammage
of the Common-wealth. For a Banished man, is a lawfull enemy of the
Common-wealth that banished him; as being no more a Member of the
same. But if he be withall deprived of his Lands, or Goods, then
the Punishment lyeth not in the Exile, but is to be reckoned amongst
Punishments Pecuniary.
The Punishment Of Innocent Subjects Is Contrary To The Law Of Nature