The English works of Thomas Hobbes of Malmesbury, Volume 03 (of 11)
Thomas Hobbes · en
_Pecuniary punishment_, is that which consisteth not only in the
deprivation of a sum of money, but also of lands, or any other goods
which are usually bought and sold for money. And in case the law, that
ordaineth such a punishment, be made with design to gather money, from
such as shall transgress the same, it is not properly a punishment, but
the price of privilege and exemption from the law, which doth not
absolutely forbid the fact, but only to those that are not able to pay
the money: except where the law is natural, 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 vain, the payment of the mulct, is not the price of a
dispensation to swear, but the punishment of the transgression of a law
indispensable. In like manner if the law impose a sum of money to be
paid, 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.
[Sidenote: Ignominy.]
_Ignominy_, is the infliction of such evil, as is made dishonourable; or
the deprivation of such good, as is made honourable by the commonwealth.
For there be some things honourable by nature; as the effects of
courage, magnanimity, strength, wisdom, and other abilities of body and
mind: others made honourable by the commonwealth; as badges, titles,
offices, or any other singular mark of the sovereign’s favour. The
former, though they may fail by nature, or accident, cannot be taken
away by a law; and therefore the loss of them is not punishment. But the
latter, may be taken away by the public authority that made them
honourable, and are properly punishments: such are degrading men
condemned, of their badges, titles, and offices; or declaring them
incapable of the like in time to come.
[Sidenote: Imprisonment.]