第6章 BOOK I(6)

"'You have talked prettily for a stranger,' said he, 'having heard of many things among us which you have not been able to consider well; but I will make the whole matter plain to you, and will first repeat in order all that you have said, then I will show how much your ignorance of our affairs has misled you, and will in the last place answer all your arguments. And that I may begin where I promised, there were four things--'

"'Hold your peace,' said the cardinal; 'this will take up too much time; therefore we will at present ease you of the trouble of answering, and reserve it to our next meeting, which shall be to-morrow, if Raphael's affairs and yours can admit of it. But, Raphael,' said he to me, 'I would gladly know upon what reason it is that you think theft ought not to be punished by death? Would you give way to it? Or do you propose any other punishment that will be more useful to the public? For since death does not restrain theft, if men thought their lives would be safe, what fear or force could restrain ill men? On the contrary, they would look on the mitigation of the punishment as an invitation to commit more crimes.'

"I answered: 'It seems to me a very unjust thing to take away a man's life for a little money; for nothing in the world can be of equal value with a man's life: and if it is said that it is not for the money that one suffers, but for his breaking the law, I must say extreme justice is an extreme injury; for we ought not to approve of these terrible laws that make the smallest offences capital, nor of that opinion of the Stoics that makes all crimes equal, as if there were no difference to be made between the killing a man and the taking his purse, between which, if we examine things impartially, there is no likeness nor proportion.

God has commanded us not to kill, and shall we kill so easily for a little money? But if one shall say, that by that law we are only forbid to kill any, except when the laws of the land allow of it; upon the same grounds, laws may be made in some cases to allow of adultery and perjury: for God having taken from us the right of disposing, either of our own or of other people's lives, if it is pretended that the mutual consent of man in making laws can authorize manslaughter in cases in which God has given us no example, that it frees people from the obligation of the divine law, and so makes murder a lawful action; what is this, but to give a preference to human laws before the divine?

"'And if this is once admitted, by the same rule men may in all other things put what restrictions they please upon the laws of God. If by the Mosaical law, though it was rough and severe, as being a yoke laid on an obstinate and servile nation, men were only fined and not put to death for theft, we cannot imagine that in this new law of mercy, in which God treats us with the tenderness of a father, he has given us a greater license to cruelty than he did to the Jews. Upon these reasons it is that I think putting thieves to death is not lawful; and it is plain and obvious that it is absurd, and of ill-consequence to the commonwealth, that a thief and a murderer should be equally punished; for if a robber sees that his danger is the same, if he is convicted of theft as if he were guilty of murder, this will naturally incite him to kill the person whom otherwise he would only have robbed, since if the punishment is the same, there is more security, and less danger of discovery, when he that can best make it is put out of the way; so that terrifying thieves too much, provokes them to cruelty.

"But as to the question, What more convenient way of punishment can be found? I think it is much more easier to find out that than to invent anything that is worse; why should we doubt but the way that was so long in use among the old Romans, who understood so well the arts of government, was very proper for their punishment?

They condemned such as they found guilty of great crimes, to work their whole lives in quarries, or to dig in mines with chains about them. But the method that I liked best, was that which I observed in my travels in Persia, among the Polylerits, who are a considerable and well-governed people. They pay a yearly tribute to the King of Persia; but in all other respects they are a free nation, and governed by their own laws. They lie far from the sea, and are environed with hills; and being contented with the productions of their own country, which is very fruitful, they have little commerce with any other nation; and as they, according to the genius of their country, have no inclination to enlarge their borders; so their mountains, and the pension they pay to the Persians, secure them from all invasions.

"'Thus they have no wars among them; they live rather conveniently than with splendor, and may be rather called a happy nation, than either eminent or famous; for I do not think that they are known so much as by name to any but their next neighbors. Those that are found guilty of theft among them are bound to make restitution to the owner, and not as it is in other places, to the prince, for they reckon that the prince has no more right to the stolen goods than the thief; but if that which was stolen is no more in being, then the goods of the thieves are estimated, and restitution being made out of them, the remainder is given to their wives and children: and they themselves are condemned to serve in the public works, but are neither imprisoned, nor chained, unless there happened to be some extraordinary circumstances in their crimes.