Treatise on Taxes and Contributions [25]
and commuted for pecuniary mulcts, which will encrease labour and publick wealth. 11. Upon which account, why should not a man of Estate, found guilty of man-slaughter, rather pay a certain proportion of his whole Estate, then be burnt in the hand? 12. Why should not insolvent Thieves be rather punished with slavery then death? so as being slaves they may be forced to as much labour, and as cheap fare, as nature will endure, and thereby become as two men added to the Commonwealth, and not as one taken away from it; for if England be under-peopled, (suppose by half) I say that next to the bringing in of as many more as now are, is the making these that are, to do double the work which now they do; that is, to make some slaves; but of this elsewhere. 13. And why should not the solvent Theives and Cheats be rather punished with multiple Resitutions then Death, Pillory, Whipping? etc. But it will be asked, with how manifold Restitutions should picking a pocket (for example) be punished? I say, 'twere good in order to the solution hereof, to enquire of some candid Artists in that Trade, how often they are taken one time with another practising in the work? If but once in ten times, then to restore but ten-fold, that is, double to the hazard, is rather the true ratio and measure of punishment by double reparation. 14. And surely the restoring two, three, four, and sevenfold mentioned in Moses Law must be thus understood, or else a man might make thieving a very fair and lawful profession. 15. The next question is, in such multiple Restitutions how many parts should be given to the sufferer. To which I answer, never above one, and scarce that, to oblige him to more care, and self-preservation, with three parts to discoverers, and the rest to publick uses. 16. Thirdly, In the case of Fornications, most of the punishments not made by pecuniary mulcts and commuted, are but shame, and that too but towards some few persons, which shame for ever after obdurates the Offender, what ever it work upon such whose fames ae yet intire: Of all which men take little consideration, standing upon the brink of such precipices as makes them giddy; and when they are in danger of such faults as are rather madnesses, distempers, and alienations of the minde and reason, as also insurrections of the passions, then deliberate acts of the understanding. 17. Moreover, according to that Axiom of, In quo quis peccat, in eodem puniatur; if the Ratio formalis of the sin of Concubitus Vagi, be the hindering of procreation, let those who by their miscarriages of this kinde are guilty thereof, repair unto the State the misse of another pair of hands with the double labour of their own, or which is all one, by a pecuniary mulct; and this is the practice of some wise States in punishing what theywill never be able to prevent: Nor doth the Gospel specifie any punishment in this world, onely declaring they shall not be received into the joyes of the next. 18. I could instance in more particulars, but if what I have already said be reasonable, this little is enough; if not, then all the rest would be too little also: wherefore I shall adde but one instance more, as most suitable to our present times and occasions, which is the way of punishing Heterdox Professors of Religion. 19. That the Magistrate may punish false Believers, if he believe he shall offend God in forbearing it, is true; for the same reasons that men give for Liberty of Conscience, and universal tolleration; and on the other side, that he may permit false Worships, seems clearly at least by the practice of all States, who allow Ambassadours their freedom (be the Worship never so abominable) even when they come to negociate but upon temporal and small matters. 20. Wherefore, since the Magistrate may allow or connive at such Worships as himself thinks fit, and yet may also punish; and since by Death, Mutilations, and imprisonments of the Subjects, the State not onley punisheth it self, but spreadeth the Pseudoxies; it follows, that pecuniary Mulcts are the fittest