ariondas/full_text_dataset · Datasets at Hugging Face

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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 men in
making laws can authorise man-slaughter 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 licence 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 much 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 Persian, secure them from all invasions. Thus they have
no wars among them; they live rather conveniently than with splendour,
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 neighbours. 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 happens to be
some extraordinary circumstance in their crimes. They go about loose and
free, working for the public: if they are idle or backward to work they
are whipped, but if they work hard they are well used and treated without
any mark of reproach; only the lists of them are called always at night,
and then they are shut up. They suffer no other uneasiness but this of
constant labour; for, as they work for the public, so they are well
entertained out of the public stock, which is done differently in
different places: in some places whatever is bestowed on them is raised
by a charitable contribution; and, though this way may seem uncertain,
yet so merciful are the inclinations of that people, that they are
plentifully supplied by it; but in other places public revenues are set
aside for them, or there is a constant tax or poll-money raised for their
maintenance. In some places they are set to no public work, but every
private man that has occasion to hire workmen goes to the market-places
and hires them of the public, a little lower than he would do a freeman.
If they go lazily about their task he may quicken them with the whip. By
this means there is always some piece of work or other to be done by
them; and, besides their livelihood, they earn somewhat still to the
public. They all wear a peculiar habit, of one certain colour, and their
hair is cropped a little above their ears, and a piece of one of their
ears is cut off. Their friends are allowed to give them either meat,
drink, or clothes, so they are of their proper colour; but it is death,
both to the giver and taker, if they give them money; nor is it less
penal for any freeman to take money from them upon any account
whatsoever: and it is also death for any of these slaves (so they are
called) to handle arms. Those of every division of the country are
distinguished by a peculiar mark, which it is capital for them to lay
aside, to go out of their bounds, or to talk with a slave of another
jurisdiction, and the very attempt of an escape is no less penal than an
escape itself. It is death for any other slave to be accessory to it;
and if a freeman engages in it he is condemned to slavery. Those that
discover it are rewarded--if freemen, in money; and if slaves, with
liberty, together with a pardon for being accessory to it; that so they
might find their account rather in repenting of their engaging in such a
design than in persisting in it.

"These are their laws and rules in relation to robbery, and it is obvious
that they are as advantageous as they are mild and gentle; since vice is
not only destroyed and men preserved, but they are treated in such a
manner as to make them see the necessity of being honest and of employing
the rest of their lives in repairing the injuries they had formerly done
to society. Nor is there any hazard of their falling back to their old
customs; and so little do travellers apprehend mischief from them that
they generally make use of them for guides from one jurisdiction to
another; for there is nothing left them by which they can rob or be the
better for it, since, as they are disarmed, so the very having of money
is a sufficient conviction: and as they are certainly punished if
discovered, so they cannot hope to escape; for their habit being in all
the parts of it different from what is commonly worn, they cannot fly
away, unless they would go naked, and even then their cropped ear would

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 men in

making laws can authorise man-slaughter 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 licence 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 much 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 Persian, secure them from all invasions. Thus they have

no wars among them; they live rather conveniently than with splendour,

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 neighbours. 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 happens to be

some extraordinary circumstance in their crimes. They go about loose and

free, working for the public: if they are idle or backward to work they

are whipped, but if they work hard they are well used and treated without

any mark of reproach; only the lists of them are called always at night,

and then they are shut up. They suffer no other uneasiness but this of

constant labour; for, as they work for the public, so they are well

entertained out of the public stock, which is done differently in

different places: in some places whatever is bestowed on them is raised

by a charitable contribution; and, though this way may seem uncertain,

yet so merciful are the inclinations of that people, that they are

plentifully supplied by it; but in other places public revenues are set

aside for them, or there is a constant tax or poll-money raised for their

maintenance. In some places they are set to no public work, but every

private man that has occasion to hire workmen goes to the market-places

and hires them of the public, a little lower than he would do a freeman.

If they go lazily about their task he may quicken them with the whip. By

this means there is always some piece of work or other to be done by

them; and, besides their livelihood, they earn somewhat still to the

public. They all wear a peculiar habit, of one certain colour, and their

hair is cropped a little above their ears, and a piece of one of their

ears is cut off. Their friends are allowed to give them either meat,

drink, or clothes, so they are of their proper colour; but it is death,

both to the giver and taker, if they give them money; nor is it less

penal for any freeman to take money from them upon any account

whatsoever: and it is also death for any of these slaves (so they are

called) to handle arms. Those of every division of the country are

distinguished by a peculiar mark, which it is capital for them to lay

aside, to go out of their bounds, or to talk with a slave of another

jurisdiction, and the very attempt of an escape is no less penal than an

escape itself. It is death for any other slave to be accessory to it;

and if a freeman engages in it he is condemned to slavery. Those that

discover it are rewarded--if freemen, in money; and if slaves, with

liberty, together with a pardon for being accessory to it; that so they

might find their account rather in repenting of their engaging in such a

design than in persisting in it.

"These are their laws and rules in relation to robbery, and it is obvious

that they are as advantageous as they are mild and gentle; since vice is

not only destroyed and men preserved, but they are treated in such a

manner as to make them see the necessity of being honest and of employing

the rest of their lives in repairing the injuries they had formerly done

to society. Nor is there any hazard of their falling back to their old

customs; and so little do travellers apprehend mischief from them that

they generally make use of them for guides from one jurisdiction to

another; for there is nothing left them by which they can rob or be the

better for it, since, as they are disarmed, so the very having of money

is a sufficient conviction: and as they are certainly punished if

discovered, so they cannot hope to escape; for their habit being in all

the parts of it different from what is commonly worn, they cannot fly

away, unless they would go naked, and even then their cropped ear would