If you do not find a remedy to these evils it is a vain thing to boast of your severity in punishing theft, which, though it may have the appearance of justice, yet in itself is neither just nor convenient; for if you suffer your people to be ill-educated, and their manners to be corrupted from their infancy, and then punish them for those crimes to which their first education disposed them, what else is to be concluded from this but that you first make thieves and then punish them? On the contrary, they would look on the mitigation of the punishment as an invitation to commit more crimes.
God has commanded us not to kill, and shall we kill so easily for a little money? 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 licence 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.
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 they have no wars among them; they live rather conveniently than with splendour, and may be rather called a happy nation than either eminent or famous; for I do not think that they are known, so much as by name, to any but their next neighbours. Those that are found guilty of theft among them are bound to make restitution to the owner, and not, as it is in other places, to the prince, for they reckon that the prince has no more right to the stolen goods than the thief; but if that which was stolen is no more in being, then the goods of the thieves are estimated, and restitution being made out of them, the remainder is given to their wives and children; and they themselves are condemned to serve in the public works, but are neither imprisoned nor chained, unless there happens to be some extraordinary circumstance in their crimes.
They go about loose and free, working for the public: if they are idle or backward to work they are whipped, but if they work hard they are well used and treated without any mark of reproach; only the lists of them are called always at night, and then they are shut up. They suffer no other uneasiness but this of constant labour; for, as they work for the public, so they are well entertained out of the public stock, which is done differently in different places: in some places whatever is bestowed on them is raised by a charitable contribution; and, though this way may seem uncertain, yet so merciful are the inclinations of that people, that they are plentifully supplied by it; but in other places public revenues are set aside for them, or there is a constant tax or poll-money raised for their maintenance.
In some places they are set to no public work, but every private man that has occasion to hire workmen goes to the market-places and hires them of the public, a little lower than he would do a freeman. If they go lazily about their task he may quicken them with the whip.
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By this means there is always some piece of work or other to be done by them; and, besides their livelihood, they earn somewhat still to the public. They all wear a peculiar habit, of one certain colour, and their hair is cropped a little above their ears, and a piece of one of their ears is cut off. Their friends are allowed to give them either meat, drink, or clothes, so they are of their proper colour; but it is death, both to the giver and taker, if they give them money; nor is it less penal for any freeman to take money from them upon any account whatsoever: and it is also death for any of these slaves so they are called to handle arms.
Those of every division of the country are distinguished by a peculiar mark, which it is capital for them to lay aside, to go out of their bounds, or to talk with a slave of another jurisdiction, and the very attempt of an escape is no less penal than an escape itself. It is death for any other slave to be accessory to it; and if a freeman engages in it he is condemned to slavery.
Those that discover it are rewarded—if freemen, in money; and if slaves, with liberty, together with a pardon for being accessory to it; that so they might find their account rather in repenting of their engaging in such a design than in persisting in it. Nor is there any hazard of their falling back to their old customs; and so little do travellers apprehend mischief from them that they generally make use of them for guides from one jurisdiction to another; for there is nothing left them by which they can rob or be the better for it, since, as they are disarmed, so the very having of money is a sufficient conviction: and as they are certainly punished if discovered, so they cannot hope to escape; for their habit being in all the parts of it different from what is commonly worn, they cannot fly away, unless they would go naked, and even then their cropped ear would betray them.
The only danger to be feared from them is their conspiring against the government; but those of one division and neighbourhood can do nothing to any purpose unless a general conspiracy were laid amongst all the slaves of the several jurisdictions, which cannot be done, since they cannot meet or talk together; nor will any venture on a design where the concealment would be so dangerous and the discovery so profitable.
None are quite hopeless of recovering their freedom, since by their obedience and patience, and by giving good grounds to believe that they will change their manner of life for the future, they may expect at last to obtain their liberty, and some are every year restored to it upon the good character that is given of them.
When I had related all this, I added that I did not see why such a method might not be followed with more advantage than could ever be expected from that severe justice which the Counsellor magnified so much.
We should remember HG Wells for his social predictions, not just his scientific ones
Now the Jester thought he was in his element, and laid about him freely. We have, likewise, a bull, by which all that jeer us are excommunicated. More, I have run out into a tedious story, of the length of which I had been ashamed, if as you earnestly begged it of me I had not observed you to hearken to it as if you had no mind to lose any part of it. I might have contracted it, but I resolved to give it you at large, that you might observe how those that despised what I had proposed, no sooner perceived that the Cardinal did not dislike it but presently approved of it, fawned so on him and flattered him to such a degree, that they in good earnest applauded those things that he only liked in jest; and from hence you may gather how little courtiers would value either me or my counsels.
It is no wonder if we are so far from that happiness while philosophers will not think it their duty to assist kings with their counsels. But Plato judged right, that except kings themselves became philosophers, they who from their childhood are corrupted with false notions would never fall in entirely with the counsels of philosophers, and this he himself found to be true in the person of Dionysius. For instance, what could I signify if I were about the King of France, and were called into his cabinet council, where several wise men, in his hearing, were proposing many expedients; as, by what arts and practices Milan may be kept, and Naples, that has so often slipped out of their hands, recovered; how the Venetians, and after them the rest of Italy, may be subdued; and then how Flanders, Brabant, and all Burgundy, and some other kingdoms which he has swallowed already in his designs, may be added to his empire?
The hardest point of all is, what to do with England; a treaty of peace is to be set on foot, and, if their alliance is not to be depended on, yet it is to be made as firm as possible, and they are to be called friends, but suspected as enemies: therefore the Scots are to be kept in readiness to be let loose upon England on every occasion; and some banished nobleman is to be supported underhand for by the League it cannot be done avowedly who has a pretension to the crown, by which means that suspected prince may be kept in awe. When they saw this, and that there would be no end to these evils, they by joint counsels made an humble address to their king, desiring him to choose which of the two kingdoms he had the greatest mind to keep, since he could not hold both; for they were too great a people to be governed by a divided king, since no man would willingly have a groom that should be in common between him and another.
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Upon which the good prince was forced to quit his new kingdom to one of his friends who was not long after dethroned , and to be contented with his old one. To this I would add that after all those warlike attempts, the vast confusions, and the consumption both of treasure and of people that must follow them, perhaps upon some misfortune they might be forced to throw up all at last; therefore it seemed much more eligible that the king should improve his ancient kingdom all he could, and make it flourish as much as possible; that he should love his people, and be beloved of them; that he should live among them, govern them gently and let other kingdoms alone, since that which had fallen to his share was big enough, if not too big, for him:—pray, how do you think would such a speech as this be heard?
Another proposes a pretence of a war, that money might be raised in order to carry it on, and that a peace be concluded as soon as that was done; and this with such appearances of religion as might work on the people, and make them impute it to the piety of their prince, and to his tenderness for the lives of his subjects. A third offers some old musty laws that have been antiquated by a long disuse and which, as they had been forgotten by all the subjects, so they had also been broken by them , and proposes the levying the penalties of these laws, that, as it would bring in a vast treasure, so there might be a very good pretence for it, since it would look like the executing a law and the doing of justice.
A fourth proposes the prohibiting of many things under severe penalties, especially such as were against the interest of the people, and then the dispensing with these prohibitions, upon great compositions, to those who might find their advantage in breaking them. This would serve two ends, both of them acceptable to many; for as those whose avarice led them to transgress would be severely fined, so the selling licences dear would look as if a prince were tender of his people, and would not easily, or at low rates, dispense with anything that might be against the public good. Another proposes that the judges must be made sure, that they may declare always in favour of the prerogative; that they must be often sent for to court, that the king may hear them argue those points in which he is concerned; since, how unjust soever any of his pretensions may be, yet still some one or other of them, either out of contradiction to others, or the pride of singularity, or to make their court, would find out some pretence or other to give the king a fair colour to carry the point.
Thus all consent to that maxim of Crassus, that a prince cannot have treasure enough, since he must maintain his armies out of it; that a king, even though he would, can do nothing unjustly; that all property is in him, not excepting the very persons of his subjects; and that no man has any other property but that which the king, out of his goodness, thinks fit to leave him.
Whereas necessity and poverty blunts them, makes them patient, beats them down, and breaks that height of spirit that might otherwise dispose them to rebel. It is also certain that they are much mistaken that think the poverty of a nation is a mean of the public safety.
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If a king should fall under such contempt or envy that he could not keep his subjects in their duty but by oppression and ill usage, and by rendering them poor and miserable, it were certainly better for him to quit his kingdom than to retain it by such methods as make him, while he keeps the name of authority, lose the majesty due to it. Nor is it so becoming the dignity of a king to reign over beggars as over rich and happy subjects.
So he that can find no other way for correcting the errors of his people but by taking from them the conveniences of life, shows that he knows not what it is to govern a free nation. He himself ought rather to shake off his sloth, or to lay down his pride, for the contempt or hatred that his people have for him takes its rise from the vices in himself.
Let him live upon what belongs to him without wronging others, and accommodate his expense to his revenue.
Let him punish crimes, and, by his wise conduct, let him endeavour to prevent them, rather than be severe when he has suffered them to be too common. Let him not rashly revive laws that are abrogated by disuse, especially if they have been long forgotten and never wanted.
And let him never take any penalty for the breach of them to which a judge would not give way in a private man, but would look on him as a crafty and unjust person for pretending to it. To these things I would add that law among the Macarians—a people that live not far from Utopia—by which their king, on the day on which he began to reign, is tied by an oath, confirmed by solemn sacrifices, never to have at once above a thousand pounds of gold in his treasures, or so much silver as is equal to that in value.
This law, they tell us, was made by an excellent king who had more regard to the riches of his country than to his own wealth, and therefore provided against the heaping up of so much treasure as might impoverish the people.
He also thought that it was a good provision for that free circulation of money so necessary for the course of commerce and exchange. And when a king must distribute all those extraordinary accessions that increase treasure beyond the due pitch, it makes him less disposed to oppress his subjects. Such a king as this will be the terror of ill men, and will be beloved by all the good. Discourses so much out of the road could not avail anything, nor have any effect on men whose minds were prepossessed with different sentiments.
This philosophical way of speculation is not unpleasant among friends in a free conversation; but there is no room for it in the courts of princes, where great affairs are carried on by authority. Therefore go through with the play that is acting the best you can, and do not confound it because another that is pleasanter comes into your thoughts. It is even so in a commonwealth and in the councils of princes; if ill opinions cannot be quite rooted out, and you cannot cure some received vice according to your wishes, you must not, therefore, abandon the commonwealth, for the same reasons as you should not forsake the ship in a storm because you cannot command the winds.
You are not obliged to assault people with discourses that are out of their road, when you see that their received notions must prevent your making an impression upon them: you ought rather to cast about and to manage things with all the dexterity in your power, so that, if you are not able to make them go well, they may be as little ill as possible; for, except all men were good, everything cannot be right, and that is a blessing that I do not at present hope to see.
But such discourses as mine, which only call past evils to mind and give warning of what may follow, leave nothing in them that is so absurd that they may not be used at any time, for they can only be unpleasant to those who are resolved to run headlong the contrary way; and if we must let alone everything as absurd or extravagant—which, by reason of the wicked lives of many, may seem uncouth—we must, even among Christians, give over pressing the greatest part of those things that Christ hath taught us, though He has commanded us not to conceal them, but to proclaim on the housetops that which He taught in secret.
The greatest parts of His precepts are more opposite to the lives of the men of this age than any part of my discourse has been, but the preachers seem to have learned that craft to which you advise me: for they, observing that the world would not willingly suit their lives to the rules that Christ has given, have fitted His doctrine, as if it had been a leaden rule, to their lives, that so, some way or other, they might agree with one another.
But I see no other effect of this compliance except it be that men become more secure in their wickedness by it; and this is all the success that I can have in a court, for I must always differ from the rest, and then I shall signify nothing; or, if I agree with them, I shall then only help forward their madness. So that there will be two sorts of people among them, who deserve that their fortunes should be interchanged—the former useless, but wicked and ravenous; and the latter, who by their constant industry serve the public more than themselves, sincere and modest men—from whence I am persuaded that till property is taken away, there can be no equitable or just distribution of things, nor can the world be happily governed; for as long as that is maintained, the greatest and the far best part of mankind, will be still oppressed with a load of cares and anxieties.
I confess, without taking it quite away, those pressures that lie on a great part of mankind may be made lighter, but they can never be quite removed; for if laws were made to determine at how great an extent in soil, and at how much money, every man must stop—to limit the prince, that he might not grow too great; and to restrain the people, that they might not become too insolent—and that none might factiously aspire to public employments, which ought neither to be sold nor made burdensome by a great expense, since otherwise those that serve in them would be tempted to reimburse themselves by cheats and violence, and it would become necessary to find out rich men for undergoing those employments, which ought rather to be trusted to the wise.
These laws, I say, might have such effect as good diet and care might have on a sick man whose recovery is desperate; they might allay and mitigate the disease, but it could never be quite healed, nor the body politic be brought again to a good habit as long as property remains; and it will fall out, as in a complication of diseases, that by applying a remedy to one sore you will provoke another, and that which removes the one ill symptom produces others, while the strengthening one part of the body weakens the rest.
How can there be any plenty where every man will excuse himself from labour? If people come to be pinched with want, and yet cannot dispose of anything as their own, what can follow upon this but perpetual sedition and bloodshed, especially when the reverence and authority due to magistrates falls to the ground? I do not deny but we are more ingenious than they are, but they exceed us much in industry and application. They knew little concerning us before our arrival among them. But if such an accident has at any time brought any from thence into Europe, we have been so far from improving it that we do not so much as remember it, as, in aftertimes perhaps, it will be forgot by our people that I was ever there; for though they, from one such accident, made themselves masters of all the good inventions that were among us, yet I believe it would be long before we should learn or put in practice any of the good institutions that are among them.
And this is the true cause of their being better governed and living happier than we, though we come not short of them in point of understanding or outward advantages. I ordered my servants to take care that none might come and interrupt us, and both Peter and I desired Raphael to be as good as his word.
When he saw that we were very intent upon it he paused a little to recollect himself, and began in this manner:—. Its figure is not unlike a crescent. Between its horns the sea comes in eleven miles broad, and spreads itself into a great bay, which is environed with land to the compass of about five hundred miles, and is well secured from winds. In this bay there is no great current; the whole coast is, as it were, one continued harbour, which gives all that live in the island great convenience for mutual commerce. But the entry into the bay, occasioned by rocks on the one hand and shallows on the other, is very dangerous.
In the middle of it there is one single rock which appears above water, and may, therefore, easily be avoided; and on the top of it there is a tower, in which a garrison is kept; the other rocks lie under water, and are very dangerous. The channel is known only to the natives; so that if any stranger should enter into the bay without one of their pilots he would run great danger of shipwreck.
For even they themselves could not pass it safe if some marks that are on the coast did not direct their way; and if these should be but a little shifted, any fleet that might come against them, how great soever it were, would be certainly lost. On the other side of the island there are likewise many harbours; and the coast is so fortified, both by nature and art, that a small number of men can hinder the descent of a great army.
But they report and there remains good marks of it to make it credible that this was no island at first, but a part of the continent. Utopus, that conquered it whose name it still carries, for Abraxa was its first name , brought the rude and uncivilised inhabitants into such a good government, and to that measure of politeness, that they now far excel all the rest of mankind.
Having soon subdued them, he designed to separate them from the continent, and to bring the sea quite round them. To accomplish this he ordered a deep channel to be dug, fifteen miles long; and that the natives might not think he treated them like slaves, he not only forced the inhabitants, but also his own soldiers, to labour in carrying it on.
follow And his neighbours, who at first laughed at the folly of the undertaking, no sooner saw it brought to perfection than they were struck with admiration and terror. Every city sends three of their wisest senators once a year to Amaurot, to consult about their common concerns; for that is the chief town of the island, being situated near the centre of it, so that it is the most convenient place for their assemblies. The jurisdiction of every city extends at least twenty miles, and, where the towns lie wider, they have much more ground.
No town desires to enlarge its bounds, for the people consider themselves rather as tenants than landlords.
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