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so that you need not fear that those well-shaped and strong men (for it is only such that noblemen love to keep about them till they spoil them), who now grow feeble with ease and are softened with their effeminate manner of life, would be less fit for action if they were well bred and well employed. And it seems very unreasonable that, for the prospect of a war, which you need never have but when you please, you should maintain so many idle men, as will always disturb you in time of peace, which is ever to be more considered than war. But I do not think that this necessity of stealing arises only from hence; there is another cause of it, more peculiar to England.’ ‘What is that?’ said the Cardinal: ‘The increase of pasture,’ said I, ‘by which your sheep, which are naturally mild, and easily kept in order, may be said now to devour men and unpeople, not only villages, but towns; for wherever it is found that the sheep of any soil yield a softer and richer wool than ordinary, there the nobility and gentry, and even those holy men, the abbots! not contented with the old rents which their farms yielded, nor thinking it enough that they, living at their ease, do no good to the public, resolve to do it hurt instead of good. They stop the course of agriculture, destroying houses and towns, reserving only the churches, and enclose grounds that they may lodge their sheep in them. As if forests and parks had swallowed up too little of the land, those worthy countrymen turn the best inhabited places into solitudes; for when an insatiable wretch, who is a plague to his country, resolves to enclose many thousand acres of ground, the owners, as well as tenants, are turned out of their possessions by trick or by main force, or, being wearied out by ill usage, they are forced to sell them; by which means those miserable people, both men and women, married and unmarried, old and young, with their poor but numerous families (since country business requires many hands), are all forced to change their seats, not knowing whither to go; and they must sell, almost for nothing, their household stuff, which could not bring them much money, even though they might stay for a buyer. When that little money is at an end (for it will be soon spent), what is left for them to do but either to steal, and so to be hanged (God knows how justly!), or to go about and beg? and if they do this they are put in prison as idle vagabonds, while they would willingly work but can find none that will hire them; for there is no more occasion for country labour, to which they have been bred, when there is no arable ground left. One shepherd can look after a flock, which will stock an extent of ground that would require many hands if it were to be ploughed and reaped. This, likewise, in many places raises the price of corn. The price of wool is also so risen that the poor people, who were wont to make cloth, are no more able to buy it; and this, likewise, makes many of them idle: for since the increase of pasture God has punished the avarice of the owners by a rot among the sheep, which has destroyed vast numbers of them—to us it might have seemed more just had it fell on the owners themselves. But, suppose the sheep should increase ever so much, their price is not likely to fall; since, though they cannot be called a monopoly, because they are not engrossed by one person, yet they are in so few hands, and these are so rich, that, as they are not pressed to sell them sooner than they have a mind to it, so they never do it till they have raised the price as high as possible. And on the same account it is that the other kinds of cattle are so dear, because many villages being pulled down, and all country labour being much neglected, there are none who make it their business to breed them. The rich do not breed cattle as they do sheep, but buy them lean and at low prices; and, after they have fattened them on their grounds, sell them again at high rates. And I do not think that all the inconveniences this will produce are yet observed; for, as they sell the cattle dear, so, if they are consumed faster than the breeding countries from which they are brought can afford them, then the stock must decrease, and this must needs end in great scarcity; and by these means, this your island, which seemed as to this particular the happiest in the world, will suffer much by the cursed avarice of a few persons: besides this, the rising of corn makes all people lessen their families as much as they can; and what can those who are dismissed by them do but either beg or rob? And to this last a man of a great mind is much sooner drawn than to the former. Luxury likewise breaks in apace upon you to set forward your poverty and misery; there is an excessive vanity in apparel, and great cost in diet, and that not only in noblemen’s families, but even among tradesmen, among the farmers themselves, and among all ranks of persons. You have also many infamous houses, and, besides those that are known, the taverns and ale-houses are no better; add to these dice, cards, tables, football, tennis, and quoits, in which money runs fast away; and those that are initiated into them must, in the conclusion, betake themselves to robbing for a supply. Banish these plagues, and give orders that those who have dispeopled so much soil may either rebuild the villages they have pulled down or let out their grounds to such as will do it; restrain those engrossings of the rich, that are as bad almost as monopolies; leave fewer occasions to idleness; let agriculture be set up again, and the manufacture of the wool be regulated, that so there may be work found for those companies of idle people whom want forces to be thieves, or who now, being idle vagabonds or useless servants, will certainly grow thieves at last. If you do not find a remedy to these evils it is a vain thing to boast of your severity in punishing theft, which, though it may have the appearance of justice, yet in itself is neither just nor convenient; for if you suffer your people to be ill-educated, and their manners to be corrupted from their infancy, and then punish them for those crimes to which their first education disposed them, what else is to be concluded from this but that you first make thieves and then punish them?’
“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, 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
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