The illustrious Hugo Grotius Of the law of warre and peace with annotations, III parts, and memorials of the author's life and death.

LXXXII. The utility of punish∣ment is threefold.

HEre is pertinent that partition of pu∣nishments, which Plato hath in his Gorgias, and Taurus the Philosopher up∣on that place, whose words are rehearsed by Gellius. For those partitions are taken from the end, but that, when Plato had set down two ends Amendment and Ex∣ample, Taurus adds a third 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 * 1.1, which Clemens of Alexandria defines, a retribution of evil, which is referred to the profit of the exactor. Aristotle * 1.2, who omitting exemplary punishments, puts down this species † 1.3 only, with amend∣ment, saith it is used, for the exactors sake, that he may be satisfyed. And this is properly that which the same Aristotle referrs to the justice, which he calls Com∣mutative. But these things are to be exa∣mined more narrowly. We will therefore say, that in punishments is respected ei∣ther the utility of him that hath offended,

or of him against whose interest the of∣fense was, or of any other indistinctly. To the first of these ends belongs the pu∣nishment called by Philosophers, some∣time 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, sometime 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, sometime 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉: Paulus the Lawyer calls it punish∣ment for emendation, Plato to make one wise, Plutarch a medicine of the mind, having this effect to make one better by way of Physick, which works by Con∣traries. For because all action, expecial∣ly deliberate and frequent, bege•…•…s a cer∣tain proclivity to the like, which after growth is call'd a habit; therefore with all speed vices are to be deprived of their allurement: and this cannot be better done, than by embittering their sweetness with some pain * 1.4 following. The Plato∣nists in Apuleius: It is worse than any punishment, if the guilty scape unpunished: and in Tacitus we read, The corrupted and corrupting minde, sick and instam'd, is to be restrained and cooled with remedies as vehement, as the lusts wherewith it burneth.

Notes

• * 1.1

  Tria haec 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, emen∣dationem, sa∣tisfactionem, exemplum, e∣tiam Chrysoft. ponit in 1. ad Cor. 11.
• * 1.2

  Rhet. 1. c. 10.
• † 1.3

  Plutarchus quo{que} eam non omisit, cum dixit: Quae facinus statim subse∣quuntur poenae non modo in po∣sterum inhibene delinquendi au∣daciam, sed & injuria affectos maximè conso∣lantur.
• * 1.4

  Sen. de ira l. 5. Quemadmo∣dum quaedam hostilia detorta, ut corrigamus, adurimus, & adactis cuneis, non ut franga∣mus, sed ut ex∣plicemus elidi∣mus: sic ingen∣tia vitia prava, dolore corporis animi{que} corrigi∣mus. Annal. 3.