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 it shall 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 execute cruelty one upon another.

"Now ye have heard the reasons, whereby I am persuaded that this punishment is unlawful. Further more I think there is nobody that knoweth not, how

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unreasonable, yea, how pernicious a thing it is to the weal publique, that a thief and a 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 once done, he is in less care, and in more hope that the deed shall not be betrayed 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 described, 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.

"Now as touching this question, what punishment were more commodious and better: that truly in my judgment is easier to be found than what punishment were 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 publique 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 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 closed in almost round about with high mountains, and do content themselves with the fruit 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 the mighty King setteth them quiet 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

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they be not known as much as by name, I suppose, saving only to their next neighbours and borderers.

"They that in this land be attainted and convict of felony, make restitution of that 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. They that be diligent about their work 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 publique, because they be common servants to the commonwealth. But their charges in all places of the land is not borne alike. For in some part that

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 found. 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. By this means they never lack work; and besides the gaining of their meat and drink everyone of them bringeth daily something into the common treasury.

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"All and everyone of them be apparelled in one colour. Their heads be not polled or shaven, but rounded a little above the ears; and the tip of the one ear is cut off. Everyone of them may take meat and drink of their friends, and also a coat of their own colour; but to receive money is death, as well to the giver as to the receiver. And no less jeopardy it is for