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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 afterwards 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 : whether, I pray you, but a-begging, or else (which the gentle bloods and stout stomachs will sooner set their minds unto) a-stealing? 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 to 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 pleases 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. Doubtless unless you find a remedy for these enormities, you shall in vain. advance yourself 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?' 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 proffer 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 pains 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?' 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 offences 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 command

ment 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 neither 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 quite 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' 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. Now ye have heard the reasons whereby I

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