But I'll give you another Instance, how palpable and gross Vices may
be, and are turn'd into Publick Benefits. It is the Business of all
Law-givers to watch over the Publick Welfare, and, in order to procure
that, to submit to any Inconveniency, any Evil, to prevent a much
greater, if it is impossible to avoid that greater Evil at a cheaper
Rate. Thus the Law, taking into Consideration the daily Encrease of
Rogues and Villains, has enacted, that if a Felon, before he is
convicted himself, will impeach two or more of his Accomplices, or any
other Malefactors, so that they are convicted of a Capital Crime, he
shall be pardon'd and dismiss'd with a Reward in Money. There is no
Doubt but this is a good and wise Law; for without such an Expedient,
the Country would swarm with Robbers and Highwaymen Ten-times more than
it does; for by this Means we are not only deliver'd from a greater
Number of Villains, than we could expect to be from any other; but it
likewise stops the Growth of them, breaks their Gangs, and hinders them
from trusting One another. For Three Rogues, acting separately, cannot
do so much substantial Mischief on all Occasions, as when they act in
Company. All this while it is evident, that in this Case the Law has
only Regard to the Publick Good, and, to procure that, sets aside all
other Laws, and proceeds rather contrary to the Common Notions we have
of Justice; which, according to the _Civilians_, consists _in a
constant and perpetual Desire of giving every one his Due_: For instead
of Hanging, which is a Felon's Due, it pardons him; and for Fear he
should have some Goodness left, and that natural Compassion might make
him unwilling to destroy his dearest Friends, and perhaps his Brother,
with his Breath, the Law invites him to it by a large Sum of Money, and
actually bribes him to add to the Rest of his Crimes that Piece of
Treachery to his Companions, whom he had sworn Fidelity to, and perhaps
drawn into the Villany.
Public-domain text, read in full here on John Shaqi.
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