which God has given us no example, that it frees people from the
obligation of the divine law, and so makes murder a lawful action; what
is this, but to give a preference to human laws before the divine? And
if this is once admitted, by the same rule men may in all other things
put what restrictions they please upon the laws of God. If by the
Mosaical law, though it was rough and severe, as being a yoke laid on an
obstinate and servile nation, men were only fined, and not put to death
for theft, we cannot imagine that in this new law of mercy, in which God
treats us with the tenderness of a father, He has given us a greater
license to cruelty than He did to the Jews. Upon these reasons it is,
that I think putting thieves to death is not lawful; and it is plain and
obvious that it is absurd, and of ill consequence to the commonwealth,
that a thief and a murderer should be equally punished; for if a robber
sees that his danger is the same, if he is convicted of theft as if he
were guilty of murder, this will naturally incite him to kill the person
whom otherwise he would only have robbed, since if the punishment is the
same, there is more security, and less danger of discovery, when he that
can best make it is put out of the way; so that terrifying thieves too
much, provokes them to cruelty.

"'But as to the question, what more convenient way of punishment can be
found? I think it is much more easier to find out that, than to invent
anything that is worse; why should we doubt but the way that was so long
in use among the old Romans, who understood so well the arts of
government, was very proper for their punishment? They condemned such as
they found guilty of great crimes, to work their whole lives in
quarries, or to dig in mines with chains about them. But the method that
I liked best, was that which I observed in my travels in Persia, among
the Polylerits, who are a considerable and well-governed people. They
pay a yearly tribute to the King of Persia; but in all other respects
they are a free nation, and governed by their own laws. They lie far
from the sea, and are environed with hills; and being contented with the
productions of their own country, which is very fruitful, they have
little commerce with any other nation; and as they, according to the
genius of their country, have no inclination to enlarge their borders;
so their mountains, and the pension they pay to the Persian, secure them
from all invasions. Thus t