Treatise on Taxes and Contributions [24]
elude the measures which the Governours thought to have taken by such an exploratory artifice. 3. Some men may have particular reasons to contribute large, viz. complacency with, and hopes of being repaired by the favour of some Grandee, who favours the business, and the very same may make to the prejudice of others. 4. Men of sinking Estates, (who nevertheless love to live high, and appear splendid, and such who make themselves friends, (by their hospitality paid for, in effect by others) enough to be protected, even from Justice) do often upon this occasion of Benevolence set extravagant Examples unto others, who have laboured hardly for what they have; those not caring what they pay, because it encreaseth their credit, to borrow the more, so as at length the whole burthen of such Bankrupts Benevolence, lights upon the frugal Patriots, by whom the Publique Weal subsists.
Chapter 10
Of Penalties.
The usual Penalties are Death, Mutilations, Imprisonment, Publick disgrace, Corporal transient pains, and great Tortures, besides the Pecuniary Mulcts. Of which last we shall most insist, speaking of the others but in order to examine whether they may not be comuted for these. 2. There be some certain Crimes, for which the Law of God appoints death; and these must be punished with it, unless we say that those were but the Civil Laws of the Jewish Commonwealth, although given by God himself; of which opinion certainly most modern States are, in as much as they punish not Adulteries, etc. with death, as among the Jewes, and yet punish small Thefts with Death instead of multiple reparation. 3. Upon this supposition we shall venture to offer; whether the reason of simple Death be not to punish incorrigle Committers of great faults? 4. Of publick Death with Torments, to affright men from Treasons, which cause the deaths and miseries of many thousand innocent and useful people? 5. Of Death secretly executed, to punish secret and unknown Crimes, such as Publick Executions would teach to the World? Or else to suffocate betimes some dangerous Novelties in Religion which the patient suffering of the worst man would much spread and encourage. 6. Mutilations suppose of Ears, Nose, etc. are used for perpetual disgrace, as standing in the Pillory is for temporary and tansient; whichand such other punishments have (by the way) made some corrigible offenders, to become desperate and incurable. 7. Mutilations of parts of Fingers, are proper to disable such as have abused their dextrous use of them, by Pocket-picking, Counterfeiting of Seals and Writings, etc. Mutilations of other parts, may serve to punish and prevent Adulteries, Rapes, Incests, etc. And the smaller Corporal pains, serve to punish those, who can pay no pecuinary mulcts. 8. Imprisonment seems rather to be the punishments of suspected then guilty persons, and such as by their carriage give the Magistrate occasion to think, either they have done some smaller particular Crime, as Thefts, etc. or that they would commit greater; as Treasons and Seditions. But where Imprisonment is not a securing men untill their Trialls, but a sentence after Triall, it seems to me proper onely to seclude such men from conversation, whose Discourses are bewitching, and Practices infectious, and in whom neverthelesse remains some hopes of their future Amendments, or usefulnesse for some service not yet appearing. 9. As for perpetual Imprisonment by sentence, it seems but the same with death it self, to be executed by nature it self, quickened with such Diseases, as close living, sadness, solitude, and reflections upon a past and better condition, doth commonly beget: Nor do men sentenced hereunto live longer, though they be longer in dying. 10. Here we are to remember in consequence of our opinion. [That Labour is the Father and active principle of Wealth, as Lands are the Mother] that the State by killing, mutilating, or imprisoning their members, do withall punish themselves; wherefore such punishments ought (as much as possible) to be avoided
Chapter 10
Of Penalties.
The usual Penalties are Death, Mutilations, Imprisonment, Publick disgrace, Corporal transient pains, and great Tortures, besides the Pecuniary Mulcts. Of which last we shall most insist, speaking of the others but in order to examine whether they may not be comuted for these. 2. There be some certain Crimes, for which the Law of God appoints death; and these must be punished with it, unless we say that those were but the Civil Laws of the Jewish Commonwealth, although given by God himself; of which opinion certainly most modern States are, in as much as they punish not Adulteries, etc. with death, as among the Jewes, and yet punish small Thefts with Death instead of multiple reparation. 3. Upon this supposition we shall venture to offer; whether the reason of simple Death be not to punish incorrigle Committers of great faults? 4. Of publick Death with Torments, to affright men from Treasons, which cause the deaths and miseries of many thousand innocent and useful people? 5. Of Death secretly executed, to punish secret and unknown Crimes, such as Publick Executions would teach to the World? Or else to suffocate betimes some dangerous Novelties in Religion which the patient suffering of the worst man would much spread and encourage. 6. Mutilations suppose of Ears, Nose, etc. are used for perpetual disgrace, as standing in the Pillory is for temporary and tansient; whichand such other punishments have (by the way) made some corrigible offenders, to become desperate and incurable. 7. Mutilations of parts of Fingers, are proper to disable such as have abused their dextrous use of them, by Pocket-picking, Counterfeiting of Seals and Writings, etc. Mutilations of other parts, may serve to punish and prevent Adulteries, Rapes, Incests, etc. And the smaller Corporal pains, serve to punish those, who can pay no pecuinary mulcts. 8. Imprisonment seems rather to be the punishments of suspected then guilty persons, and such as by their carriage give the Magistrate occasion to think, either they have done some smaller particular Crime, as Thefts, etc. or that they would commit greater; as Treasons and Seditions. But where Imprisonment is not a securing men untill their Trialls, but a sentence after Triall, it seems to me proper onely to seclude such men from conversation, whose Discourses are bewitching, and Practices infectious, and in whom neverthelesse remains some hopes of their future Amendments, or usefulnesse for some service not yet appearing. 9. As for perpetual Imprisonment by sentence, it seems but the same with death it self, to be executed by nature it self, quickened with such Diseases, as close living, sadness, solitude, and reflections upon a past and better condition, doth commonly beget: Nor do men sentenced hereunto live longer, though they be longer in dying. 10. Here we are to remember in consequence of our opinion. [That Labour is the Father and active principle of Wealth, as Lands are the Mother] that the State by killing, mutilating, or imprisoning their members, do withall punish themselves; wherefore such punishments ought (as much as possible) to be avoided