are not wrong in insisting that some of the worst vices, if they must
exist, should be kept out of sight; this, though only a second-best
rule, is a support to the weakness of human nature. There are some
things which may be whispered in the closet, but should not be shouted
on the housetop. It may be said of this, as of many other things, that
it is a great part of education to know to whom they are to be spoken
of, and when, and where.
BOOK IX. Punishments of offences and modes of procedure come next in
order. We have a sense of disgrace in making regulations for all the
details of crime in a virtuous and well-ordered state. But seeing
that we are legislating for men and not for Gods, there is no
uncharitableness in apprehending that some one of our citizens may have
a heart, like the seed which has touched the ox's horn, so hard as to be
impenetrable to the law. Let our first enactment be directed against the
robbing of temples. No well-educated citizen will be guilty of such a
crime, but one of their servants, or some stranger, may, and with a view
to him, and at the same time with a remoter eye to the general infirmity
of human nature, I will lay down the law, beginning with a prelude. To
the intending robber we will say--O sir, the complaint which troubles
you is not human; but some curse has fallen upon you, inherited from
the crimes of your ancestors, of which you must purge yourself: go and
sacrifice to the Gods, associate with the good, avoid the wicked; and if
you are cured of the fatal impulse, well; but if not, acknowledge death
to be better than life, and depart.
These are the accents, soft and low, in which we address the would-be
criminal. And if he will not listen, then cry aloud as with the sound of
a trumpet: Whosoever robs a temple, if he be a slave or foreigner shall
be branded in the face and hands, and scourged, and cast naked beyond
the border. And perhaps this may improve him: for the law aims either
at the reformation of the criminal, or the repression of crime. No
punishment is designed to inflict useless injury. But if the offender be
a citizen, he must be incurable, and for him death is the only fitting
penalty. His iniquity, however, shall not be visited on his children,
nor shall his property be confiscated.