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 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;