Utopia - Thomas More (i can read book club .TXT) 📗

the laws, and, therefore, they think it is much better that every man should plead his own cause, and trust it to the judge, as in other places the client trusts it to a counsellor; by this means they both cut off many delays and find out truth more certainly; for after the parties have laid open the merits of the cause, without those artifices which lawyers are apt to suggest, the judge examines the whole matter, and supports the simplicity of such well-meaning persons, whom otherwise crafty men would be sure to run down; and thus they avoid those evils which appear very remarkably among all those nations that labour under a vast load of laws. Every one of them is skilled in their law; for, as it is a very short study, so the plainest meaning of which words are capable is always the sense of their laws; and they argue thus: all laws are promulgated for this end, that every man may know his duty; and, therefore, the plainest and most obvious sense of the words is that which ought to be put upon them, since a more refined exposition cannot be easily comprehended, and would only serve to make the laws become useless to the greater part of mankind, and especially to those who need most the direction of them; for it is all one not to make a law at all or to couch it in such terms that, without a quick apprehension and much study, a man cannot find out the true meaning of it, since the generality of mankind are both so dull, and so much employed in their several trades, that they have neither the leisure nor the capacity requisite for such an inquiry.

 

“Some of their neighbours, who are masters of their own liberties (having long ago, by the assistance of the Utopians, shaken off the yoke of tyranny, and being much taken with those virtues which they observe among them), have come to desire that they would send magistrates to govern them, some changing them every year, and others every five years; at the end of their government they bring them back to Utopia, with great expressions of honour and esteem, and carry away others to govern in their stead. In this they seem to have fallen upon a very good expedient for their own happiness and safety; for since the good or ill condition of a nation depends so much upon their magistrates, they could not have made a better choice than by pitching on men whom no advantages can bias; for wealth is of no use to them, since they must so soon go back to their own country, and they, being strangers among them, are not engaged in any of their heats or animosities; and it is certain that when public judicatories are swayed, either by avarice or partial affections, there must follow a dissolution of justice, the chief sinew of society.

 

“The Utopians call those nations that come and ask magistrates from them Neighbours; but those to whom they have been of more particular service, Friends; and as all other nations are perpetually either making leagues or breaking them, they never enter into an alliance with any state. They think leagues are useless things, and believe that if the common ties of humanity do not knit men together, the faith of promises will have no great effect; and they are the more confirmed in this by what they see among the nations round about them, who are no strict observers of leagues and treaties. We know how religiously they are observed in Europe, more particularly where the Christian doctrine is received, among whom they are sacred and inviolable! which is partly owing to the justice and goodness of the princes themselves, and partly to the reverence they pay to the popes, who, as they are the most religious observers of their own promises, so they exhort all other princes to perform theirs, and, when fainter methods do not prevail, they compel them to it by the severity of the pastoral censure, and think that it would be the most indecent thing possible if men who are particularly distinguished by the title of ‘The Faithful’ should not religiously keep the faith of their treaties. But in that new-found world, which is not more distant from us in situation than the people are in their manners and course of life, there is no trusting to leagues, even though they were made with all the pomp of the most sacred ceremonies; on the contrary, they are on this account the sooner broken, some slight pretence being found in the words of the treaties, which are purposely couched in such ambiguous terms that they can never be so strictly bound but they will always find some loophole to escape at, and thus they break both their leagues and their faith; and this is done with such impudence, that those very men who value themselves on having suggested these expedients to their princes would, with a haughty scorn, declaim against such craft; or, to speak plainer, such fraud and deceit, if they found private men make use of it in their bargains, and would readily say that they deserved to be hanged.

 

“By this means it is that all sort of justice passes in the world for a low-spirited and vulgar virtue, far below the dignity of royal greatness—or at least there are set up two sorts of justice; the one is mean and creeps on the ground, and, therefore, becomes none but the lower part of mankind, and so must be kept in severely by many restraints, that it may not break out beyond the bounds that are set to it; the other is the peculiar virtue of princes, which, as it is more majestic than that which becomes the rabble, so takes a freer compass, and thus lawful and unlawful are only measured by pleasure and interest. These practices of the princes that lie about Utopia, who make so little account of their faith, seem to be the reasons that determine them to engage in no confederacy. Perhaps they would change their mind if they lived among us; but yet, though treaties were more religiously observed, they would still dislike the custom of making them, since the world has taken up a false maxim upon it, as if there were no tie of nature uniting one nation to another, only separated perhaps by a mountain or a river, and that all were born in a state of hostility, and so might lawfully do all that mischief to their neighbours against which there is no provision made by treaties; and that when treaties are made they do not cut off the enmity or restrain the licence of preying upon each other, if, by the unskilfulness of wording them, there are not effectual provisoes made against them; they, on the other hand, judge that no man is to be esteemed our enemy that has never injured us, and that the partnership of human nature is instead of a league; and that kindness and good nature unite men more effectually and with greater strength than any agreements whatsoever, since thereby the engagements of men’s hearts become stronger than the bond and obligation of words.

OF THEIR MILITARY DISCIPLINE

They detest war as a very brutal thing, and which, to the reproach of human nature, is more practised by men than by any sort of beasts. They, in opposition to the sentiments of almost all other nations, think that there is nothing more inglorious than that glory that is gained by war; and therefore, though they accustom themselves daily to military exercises and the discipline of war, in which not only their men, but their women likewise, are trained up, that, in cases of necessity, they may not be quite useless, yet they do not rashly engage in war, unless it be either to defend themselves or their friends from any unjust aggressors, or, out of good nature or in compassion, assist an oppressed nation in shaking off the yoke of tyranny. They, indeed, help their friends not only in defensive but also in offensive wars; but they never do that unless they had been consulted before the breach was made, and, being satisfied with the grounds on which they went, they had found that all demands of reparation were rejected, so that a war was unavoidable. This they think to be not only just when one neighbour makes an inroad on another by public order, and carries away the spoils, but when the merchants of one country are oppressed in another, either under pretence of some unjust laws, or by the perverse wresting of good ones. This they count a juster cause of war than the other, because those injuries are done under some colour of laws. This was the only ground of that war in which they engaged with the Nephelogetes against the Aleopolitanes, a little before our time; for the merchants of the former having, as they thought, met with great injustice among the latter, which (whether it was in itself right or wrong) drew on a terrible war, in which many of their neighbours were engaged; and their keenness in carrying it on being supported by their strength in maintaining it, it not only shook some very flourishing states and very much afflicted others, but, after a series of much mischief ended in the entire conquest and slavery of the Aleopolitanes, who, though before the war they were in all respects much superior to the Nephelogetes, were yet subdued; but, though the Utopians had assisted them in the war, yet they pretended to no share of the spoil

 

“But, though they so vigorously assist their friends in obtaining reparation for the injuries they have received in affairs of this nature, yet, if any such frauds were committed against themselves, provided no violence was done to their persons, they would only, on their being refused satisfaction, forbear trading with such a people. This is not because they consider their neighbours more than their own citizens; but, since their neighbours trade every one upon his own stock, fraud is a more sensible injury to them than it is to the Utopians, among whom the public, in such a case, only suffers, as they expect no thing in return for the merchandise they export but that in which they so much abound, and is of little use to them, the loss does not much affect them. They think, therefore, it would be too severe to revenge a loss attended with so little inconvenience, either to their lives or their subsistence, with the death of many persons; but if any of their people are either killed or wounded wrongfully, whether it be done by public authority, or only by private men, as soon as they hear of it they send ambassadors, and demand that the guilty persons may be delivered up to them, and if that is denied, they declare war; but if it be complied with, the offenders are condemned either to death or slavery.

 

“They would be both troubled and ashamed of a bloody victory over their enemies; and think it would be as foolish a purchase as to buy the most valuable goods at too high a rate. And in no victory do they glory so much as in that which is gained by dexterity and good conduct without bloodshed. In such cases they appoint public triumphs, and erect trophies to the honour of those who have succeeded; for then do they reckon that a man acts suitably to his nature, when he conquers his enemy in such a way as that no other creature but a man could be capable of, and that is by the strength of his understanding. Bears, lions, boars, wolves, and dogs, and all other animals, employ their bodily