by Thomas More
Between soldiers and thieves small diversity.
What inconvenience cometh by continual garrisons of soldiers.
‘“What is that?” quoth the Cardinal.
‘“Forsooth, my lord,” quoth I, “your sheep that were wont to be so meek and tame and so small eaters, now, as I hear say, be become so great devourers and so wild, that they eat up and swallow down the very men themselves.* They consume, destroy, and devour whole fields, houses, and cities. For look in what parts of the realm doth grow the finest and therefore dearest wool, there noblemen and gentlemen, yea and certain abbots, holy men no doubt,* not contenting themselves with the yearly revenues and profits that were wont to grow to their forefathers and predecessors of their lands, nor being content that they live in rest and pleasure, nothing profiting, yea, much annoying the weal-public, leave no ground for tillage: they enclose all into pastures; they throw down houses; they pluck down towns, and leave nothing standing but only the church to be made a sheep-house. And as though you lost no small quantity of ground by forests, chases, lands, and parks, those good holy men turn all dwelling places and all glebeland into desolation and wilderness. Therefore that one covetous and insatiable cormorant* and very plague of its native country may compass about and enclose many thousand acres of ground together within one pale or hedge, the husbandmen be thrust out of their own, or else either by covin and fraud or by violent oppression they be put besides it, or by wrongs and injuries they be so wearied, that they be compelled to sell all. By one means, therefore, or by other, either by hook or crook, they must needs depart away, poor, silly, wretched souls, men, women, husbands, wives, fatherless children, widows, woeful mothers, with their young babes, and their whole household small in substance and much in number, as husbandry requireth many hands. Away they trudge, I say, out of their known and accustomed houses, finding no place to rest in. All their household stuff, which is very little worth though it might well abide the sale,* yet being suddenly thrust out they be constrained to sell it for a thing of nought. And when they have wandered abroad till that be spent, what can they then else do but steal, and then justly pardy be hanged, or else go about a-begging? And yet then also they be cast in prison as vagabonds,* because they go about and work not, whom no man will set a-work, though they never so willingly proffer themselves thereto.
English sheep devourers of men.
Sheep masters decayers of husbandry.
The decay of husbandry causeth beggary, which is the mother of vagabonds and thieves.
‘“For one shepherd or herdman is enough to eat up that ground with cattle, to the occupying whereof about husbandry many hands were requisite. And this is also the cause why victuals be now in many places dearer. Yea, besides this the price of wool is so risen, that poor folks, which were wont to work it and make cloth thereof, be now able to buy none at all. And by this means very many be forced to forsake work and to give themselves to idleness. For after that so much ground was enclosed for pasture an infinite multitude of sheep died of the rot, such vengeance God took of their inordinate and insatiable covetousness, sending among the sheep that pestiferous murrain, which much more justly should have fallen on the sheepmasters’ own heads. And though the number of sheep increase never so fast, yet the price falleth not one mite, because there be so few sellers. For they be almost all come into a few rich men’s hands, whom no need forceth to sell before they lust, and they lust not before they may sell as dear as they lust.
The cause of dearth of victuals.
What inconvenience cometh of dearth of wool.
The cause of dearth of wool.
‘“Now the same cause bringeth in like dearth of the other kinds of cattle, yea, and that so much the more because that after farms plucked down and husbandry decayed there is no man that passeth for the breeding of young store.* For these rich men bring not up the young ones of great cattle as they do lambs. But first they buy them abroad very cheap, and afterward, when they be fatted in their pastures, they sell them again exceeding dear. And therefore (as I suppose) the whole incommodity hereof is not yet felt. For yet they make dearth only in those places where they sell. But when they shall fetch them away from thence where they be bred faster than they can be brought up,* then shall there also be felt great dearth, store beginning there to fail where the ware is bought. Thus the unreasonable covetousness of a few hath turned that thing to the utter undoing of your island, in the which thing the chief felicity of your realm did consist. For this great dearth of victuals causeth men to keep as little houses and as small hospitality as they possibly may, and to put away their servants; whither, I pray you, but a-begging, or else (which these gentle bloods and stout stomachs will sooner set their minds unto) a-stealing?
Dearth of cattle with the cause thereof.
Dearth of victuals is the decay of housekeeping, whereof ensueth beggary and theft.
‘“Now to amend the matter, to this wretched beggary and miserable poverty is joined great wantonness, importunate superfluity, and excessive riot. For not only gentlemen’s servants, but also handicraftsmen, yea, and almost the ploughmen of the country, with all other sorts of people, use much strange and proud newfangledness in their apparel, and too much prodigal riot and sumptuous fare at their table. Now bawds, queans, whores, harlots, strumpets, brothel-houses, stews; and yet another stews, wine-taverns, ale-houses, and tippling houses, with so many naughty, lewd, and unlawful games,* as dice, cards, tables, tennis, bowls, quoits, do not all these send the haunters of them straight a-stealing, when their money is gone? Cast out these pernicious abominations; make a law that they which plucked down farms and towns of husbandry shall re-edify them, or else yield and uprender the possession thereof to such as will go to the cost of building them anew. Suffer not these rich men to buy up all, to engross and forestall,* and with their monopoly to keep the market alone as please them. Let not so many be brought up in idleness; let husbandry and tillage be restored; let clothworking be renewed, that there may be honest labours for this idle sort to pass their time in profitably, which hitherto either poverty hath caused to be thieves, or else now be either vagabonds or idle serving men, and shortly will be thieves.
Excess in apparel and diet a maintainer of beggary and theft.
Bawds, whores, wine taverns, alehouses, and unlawful games be the very mother of thieves.
Rich men engrossers and forestallers.
‘“Doubtless, unless you find a remedy for these enormities, you shall in vain advance yourselves of executing justice upon felons.* For this justice is more beautiful in appearance, and more flourishing to the show than either just or profitable. For by suffering your youth wantonly and viciously to be brought up, and to be infected, even from their tender age, by little and little with vice, then, a God’s name, to be punished when they commit the same faults after being come to man’s state, which from their youth they were ever like to do; in this point, I pray you, what other thing do you than make thieves and then punish them?”
The corrupt education of youth a mother of thievery.
‘Now as I was thus speaking, the lawyer began to make himself ready to answer, and was determined with himself to use the common fashion and trade of disputers, which be more diligent in rehearsing than answering, as thinking the memory worthy of the chief praise. “Indeed, sir,” quoth he, “you have said well, being but a stranger and one that might rather hear something of these matters, than have any exact or perfect knowledge of the same, as I will incontinent by open proof make manifest and plain. For first I will rehearse in order all that you have said; then I will declare wherein you be deceived through lack of knowledge in all our fashions, manners, and customs; and last of all I will answer your arguments, and confute them every one. First therefore I will begin where I promised. Four things you seemed to me—”
‘“Hold your peace,” quoth the Cardinal,* “for it appeareth that you will make no short answer, which make such a beginning. Wherefore at this time you shall not take the p
ains to make your answer, but keep it to your next meeting, which I would be right glad that it might be even to-morrow next, unless either you or Master Raphael have any earnest let. But now, Master Raphael, I would very gladly hear of you, why you think theft not worthy to be punished with death, or what other punishment you can devise more expedient to the weal-public. For I am sure you are not of that mind, that you would have theft escape unpunished. For if now the extreme punishment of death cannot cause them to leave stealing, then, if ruffians and robbers should be sure of their lives, what violence, what fear, were able to hold their hands from robbing which would take the mitigation of the punishment as a very provocation to the mischief?”*
He is worthily put to silence that is too full of words.
‘“Surely, my lord,” quoth I, “I think it not right nor justice that the loss of money should cause the loss of man’s life. For mine opinion is, that all the goods in the world are not able to countervail man’s life. But if they would thus say, that the breaking of justice and the transgression of the laws is recompensed with this punishment, and not the loss of the money, then why may not this extreme and rigorous justice well be called plain injury? For so cruel governance, so strait rules and unmerciful laws be not allowable, that if a small offence be committed, by and by the sword should be drawn. Nor so Stoical ordinances are to be borne withal, as to count all offenses of such equality, that the killing of a man or the taking of his money from him were both a matter, and the one no more heinous offence than the other: between the which two, if we have any respect to equity, no similitude or equality consisteth. God commandeth us that we shall not kill. And be we then so hasty to kill a man for taking a little money? And if any man would understand killing by this commandment of God to be forbidden after no larger wise than man’s constitutions define killing to be lawful,* then why may it not likewise by man’s constitutions be determined after what sort* whoredom, fornication, and perjury may be lawful? For whereas, by the permission of God, no man hath power to kill neither himself nor yet any other man, then, if a law made by the consent of men concerning slaughter of men ought to be of such strength, force, and virtue, that they which contrary to the commandment of God have killed those whom this constitution of man commanded to be killed, be clean quit and exempt out of the bonds and danger of God’s commandment, shall it not then, by this reason follow that the power of God’s commandment shall extend no further than man’s law doth define and permit? And so shall it come to pass, that in like manner man’s constitutions in all things shall determine how far the observation of all God’s commandments shall extend. To be short, Moses’s law, though it were ungentle and sharp (as a law that was given to bondmen, yea, and them very obstinate, stubborn, and stiff-necked), yet it punished theft by the purse, and not with death. And let us not think that God in the new law of clemency and mercy,* under the which he ruleth us with fatherly gentleness, as his dear children, hath given us greater scope and licence to the execution of cruelty one upon another.
That theft ought not to be punished by death.
Strait laws not allowable.
That man’s law ought not to be prejudicial to God’s law.
Theft in the old law not punished by death.
‘“Now ye have heard the reasons whereby I am persuaded that this punishment is unlawful. Furthermore, I think there is nobody that knoweth not how unreasonable, yea, how pernicious a thing it is to the weal-public that a thief and an homicide or murderer should suffer equal and like punishment. For the thief seeing that man that is condemned for theft in no less jeopardy nor judged to no less punishment than him that is convict of manslaughter, through this cogitation only he is strongly and forcibly provoked, and in a manner constrained to kill him, whom else he would have but robbed. For the murder being once done, he is in less fear and in more hope that the deed shall not be bewrayed or known, seeing the party is now dead and rid out of the way, which only might have uttered and disclosed it. But if he chance to be taken and descried, yet he is in no more danger and jeopardy than if he had committed but single felony. Therefore while we go about with such cruelty to make thieves afraid, we provoke them to kill good men.
What inconvenience ensueth of punishing theft with death.
Punishment of theft by death causeth the thief to be a murderer.
‘“Now as touching this question, what punishment were more commodious and better, that truly in my judgement is easier to be found than what punishment might be worse. For why should we doubt that to be a good and a profitable way for the punishment of offenders, which we know did in times past so long please the Romans,* men in the administration of a weal-public most expert, politic, and cunning? Such as among them were convict of great and heinous trespasses, them they condemned into stone quarries, and into mines to dig metal, there to be kept in chains all the days of their life. But as concerning this matter, I allow the ordinance of no nation so well as that which I saw, while I travelled abroad about the world, used in Persia among the people that commonly be called the Polylerites.* Whose land is both large and ample and also well and wittily governed, and the people in all conditions free and ruled by their own laws, saving that they pay a yearly tribute to the great king of Persia. But because they be far from the sea, compassed and enclosed almost round about with high mountains, and do content themselves with the fruits of their own land, which is of itself very fertile and fruitful, for this cause neither they go to other countries, nor other come to them. And according to the old custom of the land they desire not to enlarge the bounds of their dominions; and those that they have by reason of the high hills be easily defended, and the tribute which they pay to their chief lord and king setteth them quit and free from warfare. Thus their life is commodious rather than gallant, and may better be called happy or wealthy than notable or famous. For they be not known as much as by name, I suppose, saving only to their next neighbours and borderers.
What lawful punishment may be devised for theft.
How the Romans punished theft.
A worthy and commendable punishment of thieves in the weal-public of the Polylerites in Persia.
‘“They that in this land be attainted and convict of felony, make restitution of that which they stole to the right owner, and not (as they do in other lands) to the king, whom they think to have no more right to the thief-stolen thing than the thief himself hath. But if the thing be lost or made away, then the value of it is paid of the goods of such offenders, which else remaineth all whole to their wives and children.* And they themselves be condemned to be common labourers; and, unless the theft be very heinous, they be neither locked in prison nor fettered in gyves, but be untied and go at large, labouring in the common works. They that refuse labour, or go slowly and slackly to their work, be not only tied in chains, but also pricked forward with stripes.* But being diligent about their work they live without check or rebuke. Every night they be called in by name, and be locked in their chambers. Beside their daily labour, their life is nothing hard or incommodious. Their fare is indifferent good, borne at the charges of the weal-public, because they be common servants to the commonwealth. But their charges in all places of the land is not borne alike. For in some parts that which is bestowed upon them is gathered of alms. And though that way be uncertain, yet the people be so full of mercy and pity, that none is found more profitable or plentiful. In some places certain lands be appointed hereunto, of the revenues whereof they be maintained. And in some places every man giveth a certain tribute for the same use and purpose. Again, in some parts of the land these serving men (for so be these damned persons called) do no common work, but as every private man needeth labourers, so he cometh into the market-place and there hireth some of them for meat and drink and a certain limited wages by the day, somewhat cheaper than he should hire a free man. It is also lawful for them to chastise the sloth of these serving men with stripes.