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:
Public-domain text, read in full here on John Shaqi.
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