CHAP.X.
Of Penalties.
THe usual Penalties are Death, Mutilations, Imprisonment, Publick disgrace, Corporal transient pains, and great Tortures, besides the Pecuniary Mulcts. Of[er 1] which last we shall most insist, speaking of the others but in order to examine whether they may not be commuted for these.
2. There be some certain Crimes, for which the Law of God appoints death; and these must be punished with it, unless we say that those were but the Civil Laws of the Jewish |48| Commonwealth, although given by God himself; of which opinion certainly most modern States are, in as much as they punish not Adulteries, &c. with death, as among the Jewes, and yet punish small Thefts with Death instead of multiple reparation.
3. Upon this supposition we shall venture to offer; whether the reason of simple Death be not to punish incorrigible Committers of great faults?
4. Of publick Death with Torments, to affright men from Treasons, which cause the deaths and miseries of many thousand innocent and useful people?
5. Of Death secretly executed, to punish secret and unknown Crimes, such as Publick Executions would teach to the World? Or else to suffocate betimes some dangerous Novelties in Religion, which the patient suffering of the worst man would much spread and encourage.
6. Mutilations suppose of Ears, Nose, &c. are used for perpetual disgrace, as standing in the Pillory is for temporary and transient; which and such other punishments have (by the way) made some corrigible offenders, to become desperate and incurable.
7. Mutilations of parts as of Fingers, are proper to disable such as have abused their dextrous use of them, by Pocket-picking, Counterfeiting of Seals and Writings, &c.
errata:
- ↑ read [on] for [of]
