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Utopia · More, Thomas, Saint

Section 15

“Their women are not married before eighteen nor their men before two-and-twenty, and if any of them run into forbidden embraces before marriage they are severely punished, and the privilege of marriage is denied them unless they can obtain a special warrant from the Prince. Such disorders cast a great reproach upon the master and mistress of the family in which they happen, for it is supposed that they have failed in their duty. The reason of punishing this so severely is, because they think that if they were not strictly restrained from all vagrant appetites, very few would engage in a state in which they venture the quiet of their whole lives, by being confined to one person, and are obliged to endure all the inconveniences with which it is accompanied. In choosing their wives they use a method that would appear to us very absurd and ridiculous, but it is constantly observed among them, and is accounted perfectly consistent with wisdom. Before marriage some grave matron presents the bride, naked, whether she is a virgin or a widow, to the bridegroom, and after that some grave man presents the bridegroom, naked, to the bride. We, indeed, both laughed at this, and condemned it as very indecent. But they, on the other hand, wondered at the folly of the men of all other nations, who, if they are but to buy a horse of a small value, are so cautious that they will see every part of him, and take off both his saddle and all his other tackle, that there may be no secret ulcer hid under any of them, and that yet in the choice of a wife, on which depends the happiness or unhappiness of the rest of his life, a man should venture upon trust, and only see about a handsbreadth of the face, all the rest of the body being covered, under which may lie hid what may be contagious as well as loathsome. All men are not so wise as to choose a woman only for her good qualities, and even wise men consider the body as that which adds not a little to the mind, and it is certain there may be some such deformity covered with clothes as may totally alienate a man from his wife, when it is too late to part with her; if such a thing is discovered after marriage a man has no remedy but patience; they, therefore, think it is reasonable that there should be good provision made against such mischievous frauds.

“There was so much the more reason for them to make a regulation in this matter, because they are the only people of those parts that neither allow of polygamy nor of divorces, except in the case of adultery or insufferable perverseness, for in these cases the Senate dissolves the marriage and grants the injured person leave to marry again; but the guilty are made infamous and are never allowed the privilege of a second marriage. None are suffered to put away their wives against their wills, from any great calamity that may have fallen on their persons, for they look on it as the height of cruelty and treachery to abandon either of the married persons when they need most the tender care of their consort, and that chiefly in the case of old age, which, as it carries many diseases along with it, so it is a disease of itself. But it frequently falls out that when a married couple do not well agree, they, by mutual consent, separate, and find out other persons with whom they hope they may live more happily; yet this is not done without obtaining leave of the Senate, which never admits of a divorce but upon a strict inquiry made, both by the senators and their wives, into the grounds upon which it is desired, and even when they are satisfied concerning the reasons of it they go on but slowly, for they imagine that too great easiness in granting leave for new marriages would very much shake the kindness of married people. They punish severely those that defile the marriage bed; if both parties are married they are divorced, and the injured persons may marry one another, or whom they please, but the adulterer and the adulteress are condemned to slavery, yet if either of the injured persons cannot shake off the love of the married person they may live with them still in that state, but they must follow them to that labour to which the slaves are condemned, and sometimes the repentance of the condemned, together with the unshaken kindness of the innocent and injured person, has prevailed so far with the Prince that he has taken off the sentence; but those that relapse after they are once pardoned are punished with death.

“Their law does not determine the punishment for other crimes, but that is left to the Senate, to temper it according to the circumstances of the fact. Husbands have power to correct their wives and parents to chastise their children, unless the fault is so great that a public punishment is thought necessary for striking terror into others. For the most part slavery is the punishment even of the greatest crimes, for as that is no less terrible to the criminals themselves than death, so they think the preserving them in a state of servitude is more for the interest of the commonwealth than killing them, since, as their labour is a greater benefit to the public than their death could be, so the sight of their misery is a more lasting terror to other men than that which would be given by their death. If their slaves rebel, and will not bear their yoke and submit to the labour that is enjoined them, they are treated as wild beasts that cannot be kept in order, neither by a prison nor by their chains, and are at last put to death. But those who bear their punishment patiently, and are so much wrought on by that pressure that lies so hard on them, that it appears they are really more troubled for the crimes they have committed than for the miseries they suffer, are not out of hope, but that, at last, either the Prince will, by his prerogative, or the people, by their intercession, restore them again to their liberty, or, at least, very much mitigate their slavery. He that tempts a married woman to adultery is no less severely punished than he that commits it, for they believe that a deliberate design to commit a crime is equal to the fact itself, since its not taking effect does not make the person that miscarried in his attempt at all the less guilty.

“They take great pleasure in fools, and as it is thought a base and unbecoming thing to use them ill, so they do not think it amiss for people to divert themselves with their folly; and, in their opinion, this is a great advantage to the fools themselves; for if men were so sullen and severe as not at all to please themselves with their ridiculous behaviour and foolish sayings, which is all that they can do to recommend themselves to others, it could not be expected that they would be so well provided for nor so tenderly used as they must otherwise be. If any man should reproach another for his being misshaped or imperfect in any part of his body, it would not at all be thought a reflection on the person so treated, but it would be accounted scandalous in him that had upbraided another with what he could not help. It is thought a sign of a sluggish and sordid mind not to preserve carefully one’s natural beauty; but it is likewise infamous among them to use paint. They all see that no beauty recommends a wife so much to her husband as the probity of her life and her obedience; for as some few are caught and held only by beauty, so all are attracted by the other excellences which charm all the world.

“As they fright men from committing crimes by punishments, so they invite them to the love of virtue by public honours; therefore they erect statues to the memories of such worthy men as have deserved well of their country, and set these in their market-places, both to perpetuate the remembrance of their actions and to be an incitement to their posterity to follow their example.

“If any man aspires to any office he is sure never to compass it. They all live easily together, for none of the magistrates are either insolent or cruel to the people; they affect rather to be called fathers, and, by being really so, they well deserve the name; and the people pay them all the marks of honour the more freely because none are exacted from them. The Prince himself has no distinction, either of garments or of a crown; but is only distinguished by a sheaf of corn carried before him; as the High Priest is also known by his being preceded by a person carrying a wax light.

“They have but few laws, and such is their constitution that they need not many. They very much condemn other nations whose laws, together with the commentaries on them, swell up to so many volumes; for they think it an unreasonable thing to oblige men to obey a body of laws that are both of such a bulk, and so dark as not to be read and understood by every one of the subjects.

“They have no lawyers among them, for they consider them as a sort of people whose profession it is to disguise matters and to wrest 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.

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