Part 46

In order to advance liberty, the English have destroyed all the intermediary powers that form their monarchy. They have good reason to guard and cherish this liberty. If ever they lose it, they will be one of the most enslaved races on earth.

It is not sufficient that there should be intermediary ranks in the monarchy; there must also be a depository of laws. This depository cannot be found anywhere save in political corporations, which announce laws when they are made, and recall them when they are forgotten. The ignorance natural to nobility, its inattention, its contempt for civil government, require that there should be a corporation which unceasingly recovers laws from the dust in which they are buried.

As democracies are ruined by the populace stripping the senate, the magistrates, and the judges of their functions, so monarchies decay when the prerogatives of the higher classes and the privileges of towns are little by little destroyed. In the first case, things end in a despotism of the multitude; in the other, in the despotism of a single man.

The people of the ancient world had no knowledge of a monarchy founded on a nobility, and still less knowledge of a monarchy founded on a legislative corporation formed, as in England, by the representatives of the people. On reading the admirable work of Tacitus on the ancient Germans, one sees that it is from them that the English have derived the idea of their political system. This fine form of government was discovered in the forests. It is based on a separation of the three powers found in every state--the legislative power, the executive power, and the judicial power. The first is in the hands of the parliament, the second is in the hands of the monarch, and the third in the hands of the magistracy. The English people would lose their liberty if the same man, or the same corporation, or the lords, or the people themselves, were possessed of these three powers.

By their representative system the English have avoided the great defect of the ancient republics, in which the populace were allowed to take an active part in the government.

There is in every state a number of persons distinguished by birth, wealth, or honour. If they were confounded among the people, and had there only one vote like the rest, the common liberty would be to them a slavery, and they would have no interest in defending it, because most of the laws would be directed against them. The part they play in legislation should, therefore, be proportionate to the other advantages which they have in the state. In England they rightly form a legislative body, which has the power of arresting the enterprises of the people, in the same way as the people have the power of arresting theirs. A house of lords must be hereditary. It is so naturally, and, besides, this gives it a very great interest in the preservation of its prerogatives, which, in a free country, must always be in danger. But as an hereditary power might be tempted to follow its private interests to the neglect of the public welfare, it is necessary that in matters in which corruption can easily arise, such as matters relating to money bills, the House of Lords should have neither any initiating nor any correcting faculty; it should have only a power of veto and a power of approving, like the tribunes of ancient Rome.

The cabinet should not wield the executive power as well as the legislative power. Unless the monarch himself retains the executive power, there is no liberty, for liberty depends upon each of the three powers being kept entirely separate. It is in this way that the balance of the constitution is preserved. As all human things have an end, England will one day lose its liberty, and perish. Rome, Sparta, and Carthage have not been able to last. England will perish when the legislative power grows more corrupt than the executive power.

IV.--On Despotism

From the nature of despotism it follows that a despot gives the government into the hands of another man. A creature whose five senses are always telling him that he is everything and that other men are nothing is naturally idle, ignorant, and pleasure-seeking. He therefore abandons the control of affairs. But if he entrusted them to several persons there would be disputes among them, and the despot would be put to the trouble of interfering in their intrigues. The easier way, therefore, is for him to surrender all administration to a vizier, and give him full power. The establishment of a vizier is a fundamental law of despotism. The more people a despot has to govern, the less he thinks of governing them; the greater the business of the state becomes, the less trouble he takes to deliberate upon it.

A despotic state continually grows corrupt because it is corrupt in its nature. Other forms of government perish through particular accidents; a despotism perishes inwardly, even when several accidental causes seem to support it.

It is only maintained when certain circumstances derived from the climate, the religion, the situation, or the genius of a people compel it to observe some order and submit to some regulation. These things compel it, but do not change its nature; its ferocity remains, though for a time it is tamed.

SIR THOMAS MORE

Utopia: Nowhere Land

Thomas More was born in London on February 7, 1478; his father, Sir John, was a magistrate. The boy was placed in the household of the Chancellor, Cardinal Morton, and went to Oxford. The young man had thoughts of entering the religious life, but finally chose the law. His most intimate friend was the great Dean Colet, and his relations with Erasmus, the chief of the Humanists, were of the most affectionate kind. He stood with these two in the forefront of the great effort for the intellectual and moral reform of the Church, which was soon to be overwhelmed in the political and theological Reformation. Drawn into public life by Henry VIII., he became Chancellor after the fall of Wolsey, later resigned on a point of conscience, and was finally beheaded on a charge of treason on July 7, 1535, with Bishop Fisher, virtually for refusing to acknowledge the secular supremacy over the Church. In 1886 he was beatified. The "Utopia: Nowhere Land," was written in 1516, in Latin. The English version is the rendering of Ralphe Robynson, published in 1551. The three factors in its production were, the discoveries in the New World, Plato's "Republic," and More's observation of European affairs.

I.--How Master More Met Master Raphael Hythloday

The most victorious and triumphant king of England, Henry VIII., of that time, for the debatement of certain weighty matters sent me ambassador into Flanders, joined in commission with Cuthbert Tunstall, whose virtue and learning be of more excellency than that I am able to praise them. And whiles I was abiding at Antwerp, oftentimes among other did visit me one Peter Gyles, a citizen thereof, whom one day I chanced to espy talking with a stranger, with whom he brought me to speech. Which Raphael Hythloday had voyaged with Master Amerigo Vespucci, but parting from him had seen many lands, and so returned home by way of Taprobane and Calicut.

Now, as he told us, he had found great and wide deserts and wildernesses inhabited with wild beasts and serpents, but also towns and cities and weal-publiques full of people governed by good and wholesome laws, beside many other that were fond and foolish. Then I urging him that, both by learning and experience, he might be any king's counsellor for the weal-publique----

"You be deceived," quoth he. "For the most part all princes have more delights in warlike matters and feats of chivalry than in the good feats of peace." Then he speaking of England, "Have you been in our country, sir?" quoth I. "Yea, forsooth," quoth he, "and there was I much bound and beholden to John Norton, at that time cardinal, archbishop, and Lord Chancellor, in whose counsel the king put much trust.

"Now," quoth he, "one day as I sat at his table, there was a layman cunning in the law who began to praise the rigorous justice that was done upon felons, and to marvel how thieves were nevertheless so rife."

"'Nay, sir,' said I; 'but the punishment passeth the limits of justice. For simple theft is not so great an offence that it ought to be punished with death, nor doth that refrain them, since they cannot live but by thieving. There be many servitors of idle gentlemen, who, when their master is dead, and they be thrust forth, have no craft whereby to earn their bread, nor can find other service, who must either starve for hunger or manfully play the thieves.

"'Moreover, look how your sheep do consume and devour whole fields, houses, and cities. For noblemen and gentlemen, yea, and certain abbots, holy men, God wot, where groweth the finest wool, do enclose all in pastures, pluck down towns, and leave nought standing but only the church, to make it a sheep-house. Whereby the husbandmen are thrust out of their own! and then what can they do else but steal, and then justly, God wot, be hanged? Furthermore, victuals and other matters are dearer, seeing rich men buy up all, and with their monopoly keep the market as it please them. Unless you find a remedy for these enormities, you shall in vain vaunt yourselves of executing justice upon felons.

"'Beside, it is a pernicious thing that a thief and a murderer should suffer the like punishment, seeing that thereby the thief is rather provoked to kill. But among the polylerytes in Persia there is a custom that they which be convict of felony are condemned to be common labourers, yet not harshly entreated, but condemned to death if they seek to run away. For they are also apparelled all alike, and to aid them is servitude for a free man.'

"Now the cardinal pronounced that this were a good order to take with vagabonds. But a certain parasite sayeth in jest that this were then an excellent order to take with the friars, seeing that they were the veriest vagabonds that be; a friar thereupon took the jest in very ill part, and could not refrain himself from calling the fellow ribald, villain, and the son of perdition; whereat the jester became a scoffer indeed, for he could play a part in that play, no man better, making the friar more foolishly wrath than before.

"Now, none of them would have harkened to my counsel until the cardinal did approve it. So that if I were sitting in counsel with the French king, whose counsellors were all urging him to war; and should I counsel him not to meddle with Italy, but rather to tarry still at home; and should propose to him the decrees of the Achoricus which dwell over against the Island of Utopia, who having by war conquered a new kingdom for their prince, constrained him to be content with his old kingdom, and give over the new one to one of his friends; this, mine advice, Master More, how think you it would be heard and taken?"

"So God help me, not very thankfully," quoth I.

"Howbeit, Master More," quoth he, "doubtless wheresoever possessions be private, where money beareth all the stroke, it is almost impossible that the weal-publique may be justly governed and prosperously flourish. And when I consider the wise and goodly ordinances of the Utopians, among whom all things being in common, every man hath abundance of everything, yet are there very few laws; I do fully persuade myself that until this property be exiled and banished, perfect wealth shall never be among men. Which if you had lived with me in Utopia, you would doubtless grant."

"Therefore, Master Raphael," quoth I, "pray you describe unto us this land."

II.--Of the Island of Utopia, and the Customs of Its People