UTOPIA (Wisehouse Classics Edition). Thomas More

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СКАЧАТЬ 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 manslaughter 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; 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: if they are idle or backward to work they are whipped, but if they work hard they are well used and treated without any mark of reproach; only the lists of them are called always at night, and then they are shut up. They suffer no other uneasiness but this of constant labour; for, as they work for the public, so they are well entertained out of the public stock, which is done differently in different places: in some places whatever is bestowed on them is raised by a charitable contribution; and, though this way may seem uncertain, yet so merciful are the inclinations of that people, that they are plentifully supplied by it; but in other places public revenues are set aside for them, or there is a constant tax or poll-money raised for their maintenance. In some places they are set to no public work, but every private man that has occasion to hire workmen goes to the market-places and hires them of the public, a little lower than he would do a freeman. If they go lazily about their task he may quicken them with the whip. By this means there is always some piece of work or other to be done by them; and, besides their livelihood, they earn somewhat still to the public. They all wear a peculiar habit, of one certain colour, and their hair is cropped a little above their ears, and a piece of one of their ears is cut off. Their friends are allowed to give them either meat, drink, or clothes, so they are of their proper colour; but it is death, both to the giver and taker, if they give them money; nor is it less penal for any freeman to take money from them upon any account whatsoever: and it is also death for any of these slaves (so they are called) to handle arms. Those of every division of the country are distinguished by a peculiar mark, which it is capital for them to lay aside, to go out of their bounds, or to talk with a slave of another jurisdiction, and the very attempt of an escape is no less penal than an escape itself. It is death for any other slave to be accessory to it; and if a freeman engages in it he is condemned to slavery. Those that discover it are rewarded—if freemen, in money; and if slaves, with liberty, together with a pardon for being accessory to it; that so they might find their account rather in repenting of their engaging in such a design than in persisting in it.

      “These are their laws and rules in relation to robbery, and it is obvious that they are as advantageous as they are mild and gentle; since vice is not only destroyed and men preserved, but they are treated in such a manner as to make them see the necessity of being honest and of employing the rest of their lives in repairing the injuries they had formerly done to society. Nor is there any hazard of their falling back to their old customs; and so little do travellers apprehend mischief from them that they generally make use of them for guides from one jurisdiction to another; for there is nothing left them by which they can rob or be the better for it, since, as they are disarmed, so the very having of money is a sufficient conviction: and as they are certainly punished if discovered, so СКАЧАТЬ