“While I was talking thus, the Counsellor, who was present, had
prepared an answer, and had resolved to resume all I had said,
according to the formality of a debate, in which things are generally
repeated more faithfully than they are answered, as if the chief trial
to be made were of men’s memories. ‘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 be 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 those 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 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,
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