Of Bondemen, sicke persons, wedlocke, and dyuers other matters

THey nother make bondemen of prysoners taken in battayll, oneles yt be in battaylle that the fowghte themselfes, nor bondemens chyldren, nor to be shorte annye man whome they canne gette owte of an othere countreye, thoughe he were theyre a bondeman. But other suche as amonge themselfes for heynous offences be punnyshed wyth bondage, or elles suche as in the Cytyes of other landes for greate trespasses be condempned to deathe. And of thys sorte of hondemen they haue mooste stoore. Formanye of them they brynge home sumtymes payinge very lytle for them, yea mooste commonlye gettynge them for gramercye. Thyes sortes of bondemen they kepe not onelye in contynuall woorke and laboure, but alsoo in bandes. But theyre owne men they ha[…]dle hardeste, whome they Iudge mored esperate and to haue deser[…]ede greater punnysshemente, bycause they beynge so godlye broughte vp to vertue in soo excellente a common wealthe, cowlde not for all that be refreyned from mysdoynge. An other kynde of bondemen they haue, when a vyle drudge beynge a poore laborer in an other cowntreye dothe chewse of hys owne free wyll to be a bondeman […] monge them. Thyes they handle and order honestelye, and enterteyne almooste as gentyllye, as theyre own[…] free cytyzeyns, sauynge that they put them to a lytle more laboure, as thereto accustomede. Yf annye suche be dysposed to departe thens (whyche seldome ys seene) they nother holde hym agaynste hys wyll, nother sende hym awaye wyth emptye handes. The sp[…]ke (as I sayde) they see to wyth greate affectyon, and lette nothynge at all passe concernynge other Physycke or good dyete, wherby they may be restored agayne to theyre healthe. Them that be sycke of iucurable dyseases they comforte wyth syttynge by them, wyth talkynge wyth them and to be sh[…]te wyth all maner of helpes that maye be. But yf the dysease be not o[…]elye vncurable, but also full of contynuall payne and angnyshe: then the priess[…]s and the m[…]gistrates exhort the man, sey[…]ge he ys not able to doo annye dewtye of lyffe, and by ouerlyuing hys owne deathe is noysome and yrke some to other, and greuous to hymself: that he wyll determyne with hymselfe no longer to cheryshe that pestilent and peynefull dysease. And seynge hys lyfe ys to hym but a tourmente, that he wyll nott bee vnwyllynge too dye, but rather take a good hope to hym, and other dyspatche hymselfe owte of that paynfull lyffe, as owte of a pryson, or a racke of tormente, o[…] […]lles suffer hym selfe wyllynglye to be rydde owte of yt by other. And in so d[…]ynge they tell hym he shal doo wyselye, seynge by hys deathe he shall lyse no commodytye, but ends hys payne. And bycaufe with at acte he shall followe the cownsell of the pryestes, that is to saye of the interpreters of goddes wyll and pleasure, they shewe hym that he shall do […]yke a godly and a vertuouse man: They that be thus persuaded fynyshe theyre lyues wylly[…]glye othere wyth hunger, or elles dye in theyre steape wythowte annye fealnige of deathe. Bu[…] they cause none suche to dye agaynte hys wyll, nor they vse no lesse dilygence and attendaunce about hym: beleuynge thys to be an honorable deathe. Elles he that kylleth hym selfe before that the prpestes and the cownsell haue allowed the cause of hys deathe, hym as vnworthy both of the earth and of fyer, they cast vnburied into some stinkyng marrish. The womā is not maried before the be xviij. yeres olde. The man is.iiij. yeres elder before he mary. If other the man or the woman be proued to haue bodely offended before their marriage, with an other, he or she whether it be is sharpely punyshed. And both the offenders be forbydden euer after in all their life to marrye: oneles the faulte be forgeuen by the princes pardone. But bothe the good mā and the good wyfe of the house where that offence was done, as beyng slacke and neglygent in lokyng to there chardge, be in daunger of great reproche and infamye. That offence is so sharpelye punyshed, bicause they perceaue, that onles they he diligentlye kept from the lybertie of this vice, fewe wyll ioyne together in the loue of marriage, wherin all the lyfe must be led with one, & also all the griefes & displeasures that come therewith must paciently be taken & borne. Furthermore in cheusyng wyfes and husbandes they obserue earnestly and […]raytelye a custome whiche semed to vs very fonde and folysh. For a sad & […]n honest matrone sheweth the wom[…] be she maide or widdowe […] to the wower. And lykewyse a sage and discrete man exhibyteth the wowere naked to the woman. At this custome we laughed a[…]d disalowed […] foolyshe. But they on the other part doo greatlye wo[…]der at the follye of all other nations, whyche in byinge a c[…]lte▪ where as a lytle money is in hassarde, be so charye and circumspe[…]te, that though he […]e almoste all bare, yet they wyll not bye hym, oneles▪ the saddel and all the harneys be taken of, leaste v[…]der those couerynges be hydde som galle[…] soore. And yet in chewsynge a wyfe, whyche shalbe other pleasure, or dyspleasure to them all theire lyfe after, they be so recheles, that all the resydewe of the woomans bodye, beinge co[…]ered wyth cloothes, they esteme here scaselye be one handebredeth (for they can se no more but her face) and so do ioyne her to them not without great ieoperdie of euell agrei[…]g together, if any thy[…]ge in her body afterwarde do offende a[…]d myslyke them. For all men be not so wyse as to haue respecte to the vertuous condicions of the partie. And the endowmētes of the bodye cause the vertues of the mynd[…] more to be estemed and regarded: […]ea euen in the mariages of w[…]se men. We rely so fowle deformit[…]e may be hydde vnder thoes coueringes, that it maye quite alienate & take awaye the […]ans mynde from his wyfe, whē it shal not be lawfull for their bodies to be sep[…]rate agayne. If suche deformitie happen by any chaunce after the mariage is cō sumate and finyshed: well, there is no remedie but patience. Euery mā must take his fortune well a worthe. But it were well done that a lawe were made wherebye all suche deceytes myghte be eschewed, & aduoyded before hand. And thys were they constre y[…]ed more earnestlye to looke vpon, because they onlye of the the nations in that parte of the worlde bee contente euerye man wyth one wyfe a piece. And matrymoney is there neuer broken, but by death, excepte adulterye breake the bonde, or els the intollerable waiward maners of eyther partie. For if either of them fynde themselfe for any su[…]he cause greued: they maye by the licence of the councell chaunge and take an other. But the other partie lyueth euer after in infamye and out of wedlocke. But for the husbande to put away his wyfe for no faulte, but for that some myshappe is falle[…] to her bodye, thys by no mea[…]es they wyll suffre. For they iudge it a greate poynte of crueltie that any▪ body in their moste nede of helpe and comforte, shoulde be cast of and forsaken, and that olde age whych both bry[…]geth sy[…]knes with it, and is a syckenes it selfe, should vnkyndlye & vnfaythfullye be delte withall. But nowe and then it chaunseth, where as the man and the woman cannot well agree betwene themselfes, bothe of thē fyndy[…]ge other with whome they hope to lyue more quyetlye and meryly, that they by the full consent of them both be diuorsed a sonder and newe ma[…]ied to other. But that not without the aucthoritie of the councell. Which agreeth to no dyuorses, before they and their wyfes haue diligently tried and examyned the matter. Yea and thē also they be loth to cōsent to it, bicause they knowe thys to be the nexte waye to breke loue betwene man and wyfe, to be in easye hope of a newe mariage. Breakers of wedlocke be punyshed with moste greuo[…]s bondage. And if both the offenders were maried, the[…] the partyes whiche in that behalfe haue suffered wronge be diuorsed from the auoutrers if they wyll, and be maried together, or els to whō they luste. But if eyther of them both do styll contynewe in loue towarde so vnkynde a bedfellowe, the vse of wedlocke is not to them forbydden, if the partie be disposed to followe in toylinge and drudgerye the person, which for that offence is condempned to bondage. And very ofte it chaunceth that the repe[…]taū ce of the one and the earnest diligence of the other, dothe so moue the prince with pytie and compassion, that he restoreth the bo[…]de perso[…]e from seruitude to libertie and fredom again. But if the same partie be taken […]ftsones in y• faulte, there is no otherway but death. To other trespaces there is no pres[…]ript punyshment appoynted by anye lawe. But accordinge to the hey[…]ouse […]es of the offence, or contrarye, so the punyshemente is moderated by the discretion of the councell. The husbandes chastice theire wyfes: and the parentes theire chyldren, oneles they haue done anye so horryble an offence, that the open punyshemente thereof maketh muche for the aduauncemente of honeste ma[…]ers. But moste commenlye the moste heynous faultes be punyshed with the in commoditie of bondage. For that they suppose to be to the offenders no lesse griefe, and to the common wealth more profitable, then if they should hastely put thē to death, and make them out of the waye. For there cummeth more profite of theire laboure, then of theire deathe, and by theire example they feare other the lenger from lyke offences. But if they beinge thus vsed doo rebell and kicke agay[…]e, then forsothe they be stayne as desperace and wilde beastes, whom […]o ther pryson nor chay[…]e could restraine and kepe vnder. But they whiche take theire bondage patientlye be not left all hopeles. For after they haue bene broken and tamed with longe myseries, yf then they shewe suche repen […]aunce, wherebye it maye be perceaued that they be soryer for theire offence then for theire punyshemente: sumtymes by the Pry[…]ces prerogatyue, and sumtymes by the voyce and co[…] sent of the people, theire bondage other is mitigated, or els cleane remytted and forgeuē. He that moueth to aduo[…] trye is in no lesse daunger and ieoperdie, then yf he hadde committed aduontrye in dede. For in all offences they counte the intente and pretensed purpose as euell as y• acte or dede it selfe. For they thynke that no lette owghte to excuse hym, that dyd hys beste too haue no lette. They sette greate store by fooles. And as it is greate reproche to do to annye of them hurte or iniury, so they prohibite not to take pleasure of foolyshnes. For that they thy[…]ke doth muche good to the fooles. And if any man be so sadde and sterne, that he cannot laughe nother at their wordes nor at their dedes, none of them be cō mytted to his tuition: for feare lest he would not ordre them gentilly and fauorably enough: to whom they should brynge no delectation (for other good […]es in them is none) muche lesse any proffyt shoulde they yelde hym. To mocke a man for hys deformitie, or for that he lacketh anye parte or lymme of hys bodye, is counted greate dishonestie and reproche not to hym that is mocked, but to hym that mocketh. Which vnwysely doth imbrayde any ma[…] of that as a vice, whiche was not in his p[…]wre to eschewe. Also as they counte and reken very lyttell wytte to be in hym that regardeth not naturall bewtie and comlines, so to helpe the same with pay[…]tinges is taken for a vay[…]e and a wanton pryde, not without great infamye. For they knowe euen by verye experience, that no comeli[…]es of bewtie doth so hyghly cō mende and auaunce the wyues in the conceyte of there husbandes, as honest conditions and lowlines. For as loue is oftentimes wonne with bewtie, so it is not kept preserued and continued, but by vertue and obedience. They do not only feare theire people frō doinge euell by punyshmentes, but also allure them to vertue with rewardes of ho […]oure. Therfore they set vp in the market place the ymages of notable men, and of such as haue bene great & bounteful benefactors to the cōmo[…] wealth, for ye perpetual memorie of their good actes: and also that the glory & […]enowme of the auncetors may sturre & p[…]ouoke theire posteritie to vertue. He that inordina[…]lie & ambitiously desireth p[…]omotions is lefte all hopeles for euer a[…] […]eynyng any promotion as longe as he liueth. They lyue together louingly. For no magistrate is […]ther haw[…]e or […]erefull. Fathers they be called, and lyke fathers they vse themselfes. The citezens (as it is their dewtie) do willingly exhibite vnto them dewe honoure without any cōpulsion. Nor the prince hymselfe is not knowē from the other by his apparel nor by a crown or diade me or cappe of maintenau[…]ce, but by a littell sheffe of corne caried before hym. And so a taper of wax is borne befor y• byshop, whereby onely he is knowen. Thei haue but few lawes. For to people so instructe a[…]d institute very fewe do suffice. Yea this thynge they chieflye reproue amonge other nations, that innumerable bokes of lawes and expositio[…]s vpon thesame be not sufficient. But they thinke it against al right and […]ustice that mē shuld be bound to thoes lawes, whiche other be in numbre […]o then be able to be readde or els blinder and darher, then that any mā can well vnderstande them. Furthermore they vtterly exclude and bannyshe all proctours & sergeauntes at the lawe: which craftely handell matters, & subtelly dispute of the lawes. For they thinke it most mete, that euery mā […]huld pleade his owne matter, & tell thesame tale before the iudge, that he would tel to his man of lawe. So shall there be lesse circumstaūce of wordes, & the trwth shal soner cū to light, whiles ye iudge with a discrete iudgement doth waye y• wordes of hym whom no lawier hath instruct with deciet, & whiles he helpeth and beareth out simple wittes agayn[…]t the false & malicious circū […]ertions of craftie chyldren. This is harde to be obserued in other countreis in so infinitie a numbre of blynd and intricate lawes. But in Vtopia euery man is a cunnyng lawier. For as I sayde they haue verye fewe lawes: and the playnner and grosser that anye interpretation is: that they allowe as most iuste. For all lawes (saye they) bee made and publysshed onelye to thenthente, that by them euerye man shoulde be put in remembraunce of hys dewtye. But the craftye and subtyll interpretation of them can put verye fewe in that remembraunce (for they be but fewe that do perceaue them) where as the simple the plaine & grosse meaning of the lawes is open to euerye man. Els as touchynge the vulgare sorte of the people, whiche be bothe moste in […]umbre, & haue moste neade to knowe theire dewties, were it not as good for them that no lawe were made at all, as when it is made, to brynge so blynde an interpretacion vpon it, that without greate witte and longe arguynge no man can discusse it? To the findinge out whereof nother the grosse iudgement of the people can attayne, not her the hole lyfe of them that be occupied in woorkynge for theire lyuynges can suffyse therto. Thies vertues of the Vtopians haue caused theire nexte neyghbours and borderers, whiche lyue fre and vnder no subiection (for the Vtopians longe agoo haue delyue […]ed manye of them from tyrannye) to take magistrates of them some for a yeare, and some for fyue yeares space. Whiche when the tyme of theire office is expired, they br[…]ge home agayn with honoure and prayse, and take newe ons agayne wyth them into theire countrey. Thies nations haue vndowtedlye verye well and holsomlye prouyded for theire cōmon wealthes. For seynge that bothe the ma […]yng and the marrynge of the weale publique doth depende and hange of the maners of the rulers a[…]d magistrates, what officers coulde they more wyselye haue chosen, thē thoes whiche cannot be ledde from honestye by brybes (for to them that shortlye after shall departe the[…]s into theyre owne countreye money shoulde be vnprofytable) nor yet be moued other with fauour, or malyce towardes annye man, as beynge strau[…]gers and vnaquainted with the people. The which twoo vices of affection and auryce where they take place in iudgementes, incontynente they breake iustice, the strongeste and suereste bonde of a common wealthe. Thies peoples whiche fetche theire officers and rulers from them the Vtopians cal theire fellowes. And other to whome they haue bene beneficiall, they call theire frendes. As towchynge leages, which in other places betwene countrey and countrey be so ofte concluded, broken, and made agayne, they neuer make none with anye nacion. For to what purpose serue leagues saye they? As though nature had not set sufficient lo […]e betwene man and man. And who so regardeth not nature thynke yowe that he wyll passe for wordes? They be brought into thys opinion chiefely bicause y• in thoes parties of y• wordle leagues betwene princes be wont to be kept and obserued very slenderly. For here in Europ[…], and especiallye in thies partes where the faythe and religion of Christe reygneth, the maiestie of leagues is euerye where estemed holly and inuiolable: partlye through the iustice and goodnes of princes, and partelye through the reuerēce of great byshoppes. Whyche lyke as they make no promysse themselfes but they doo verye religiouslye perfourme thesame so they exhorte all prynces in any wyse to abyde by theyre promisses, and them that refuse or denye so to do, by theire pontificall powre and aucthorytie they compell therto. And surely they thynke well that it myght seme a verye reprochefull thynge, yf in the […]eagues of them whyche by a pecu […]iare name […]e called faythfull faythe shoulde haue no place. But in that newefo[…]nde parte of the worlde whiche is scaselye so farre from vs beyonde the ly[…]e equinoctiall, as owre lyfe and manners be disside[…]te from theirs, no truste nor confydence is in leagues. But the mo and holyer cerymonies the league is knyt[…]e vp with, the so[…]er it is broken: by some cauillation founde in the woordes, whyche manye tymes of purpose be so craftelye put in, and placed, that the bandes can neuer be so sure nor so stronge, but they wyll fynde some hole open to crepe owte at, and to breake bothe league and trewthe. The whiche crafty dealynge, yea the whiche fraude and deceyte, yf they shoulde knowe it to bee practysed amonge pryuate men in theire bargaynes and contractes, they woulde incontinent crye owte at it with a sower conntena[…]nce, as an offence most detestable, and worthie to be punnyshed with a shamefull death: yea euen verye they that auaunce themselfes authours of like councel geuē to princes. Wherfore it maye well be thought other that all iustice is but a basse and a lowe vertue, and whiche avaleth it self farre vnder the hyghe dignitie of kynges. Or at the least wyse, that there be two iustices, the one mete for the inferioure sorte of the people, goinge a fote and cr[…]pynge by […]owe on the grounde, and bounde downe on euery side with many bandes, because it shall not run at rouers. The other a pryncely vertue, whiche lyke as it is of muche hygher maiestie then the oth[…]r poore iustice, so also it is of muche more lybertie, as to the whiche nothinge is vnlawful that it lusteth after. Thies maners of princes (as I sayde) whiche be there so euyll kepers of leagues cause the Vtopians, as I suppose, to make no leagues at all, whiche perchaunce woulde chaunge theire mynde i[…] they lyued here. Howebeit they thynke that tho[…]ghe leagues be neuer so faythfullye obserued and kept, yet the custome of makinge leagues was verye euel be gonne. For this causeth mē (as though […]ations which be separate a sondre by the space of a lytle hyl or a ryuer, were cōpled together by […]o societe or bonde of nature) to thynke them selfes borne aduersaryes and enemyes one to an other, and that it is lawfull for the one to seke the death and destruction of the other, it leagues were not: yea and that after the leagues be accorded, f[…]yndeshyppe dothe not growe and encrease: But the lycence of robbynge and stealynge doth styll remayne, as far[…]urthe as for lacke of forsight and aduisement in writinge the woordes of the league anny sentence or clause to the contrary is not therin suffycyentlye comprehended. But they be of a contrary opiniō. That is that no man ought to be counted an enemy, whyche hath done no i[…] iury. And that the felowshyppe of nature is a stronge league: and that men be better and more surely knitte togethers by loue & bene[…]ole[…]ce, thē by couenaūtes of leagues, by hartie affectiō of minde then by woordes.