m CORNELL tJNI-yERSITY- : liirar:y ' ■^ - ■.": -* FROM THE FUND GIVEN BY- GOLDWIN SMITH 1909 UNDERGRADUATE LIBRARY CAYLORD PRINTED INU.S.A, V9i"'i VT- 'Tvrwr*- Fanjous Utopias; being the compiete text o 3 1924 014 398 154 Cornell University Library The original of this book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924014398154 FAMOUS UTOPIAS FAMOUS yy UTOPIAS Being the Complete Text of ROUSSEAU'S SOCIAL CONTRACT MORE'S UTOPIA ^ BACON'S NEW ATLANTIS^ CAMPANELLA'S CITY OF THE SUN WITH AN INTRODUCTION BY CHARLES M. ANDREWS, Ph.D, TUDOR PUBLISHING CO. NEW YOBX COPYRrGHT, 1901, BY M. WALTER DUNNE. PUBLISHER [T PRINTED IN U.S.A. INTRODUCTION THE term Utopia, as generally used, refers to those ideal states which are impossible of realization, both because they are peopled by ideal human beings uninfluenced by personal jealousies or individual passions, and because they are based, with but little regard for the complexities and varieties of real society, upon what the writer thinks ought to be, rather than upon the col- lective experience of mankind. More broadly speaking, however, the term need not be confined to these "fan- tastic pictures of impossible societies, " or " romantic ac- counts of fictitious states, " as they have been called, but ! may be applied to any social, intellectual, or political/ scheme which is impracticable at the time when it is con-| ceived and presented. Thus enlarged, the field may be made to include schemes as diverse as More's Utopia, Campanella's City of tke Sun, Cabet's Icarie, and Morris's News from Nowhere; Rousseau's society of the Social Contract; and modern socialistic and communistic organi- zations, such as the Co-operative Commonwealth of Law- rence GrSnlund, popularized by Bellamy in Looking Backward, and Fliircheim's Money Island. U-tepias .have— gen©sally.-mads..their appearance during periods of great social and, political unrest," and it is, there- fore, no accident that after Platol§..^f/».^*c, written dur- ing dark days in the history of Athens, all Utopias should have fallen in the period from the beginning of the six- teenth century to the present time. The Middle Ages, with their fixed institutions, their blind faith, and their acceptance of authority were not a suitable seed-ground for the growth of Utopian schemes. Any ideals that were conceived were of a religious character, based upon conceptions of the past and hopes of the future : those of IDEAL EMPIRES AND REPUBLICS the past combined the pagan notion of a golden age with the Christian's concept of an age of innocence, giv- ing rise to the doctrine that man had fallen from a per- fect life whose simple rules were based on nftural law; those of the future looked forward to the re-establishment of Christ's kingdom on earth. Such doctrines were char- acteristic of a period in which there existed no true idea of human progress. But in the. period following the Middle Ages, when mediaeval institutions were breaking down and men were awakening to the fact that governments had become cor- rupt and tyrannical, and social relations unjust and im- moral, it was natural that they should find comfort and satisfaction in casting into romantic or ideal form their conception of what society ought to be. Excellent ex- amples of such Utopias are to be found among the works of sixteenth century writers, who prompted by the new spirit of inquiry constructed ideal conditions that should eliminate the evils of their age. The earliest, More's Uto^ (1516), presents the lofty ideals of the Oxford re- formers, and stands as the greatest literary effort of the time; Vives, a versatile Catholic humanist, in 1531 erected in his De Corruptis Artibus and De Tradendis Discipliniis an ideal academy, a pedagogical Utopia, founded on the highest educational, scientific, and moral considerations ; * Doni in / Mundi celesti, terrestri, et infernali (1552-53) satirized in Utopian form the political and social vices of Italy; and a little later, in 1605, under the pseudonym, Mercurius Britannicus, Joseph Hall, made Bishop of Nor- wich in 1641, published a moral satire, Mundus Alter et Idem, in tone rather Rabelaisian than ideal. As the seventeenth century advanced, the spirit of free inquiry grew bolder, overthrowing the philosophy of Ar- istotle, and leading men to study the operations of nature in order to discover the fundamental principles that underlay the constitution of the universe. Three writers, in harmony with the spirit of the age, conceived philo- sophical and intellectual Utopias, in which by means of the new methods of scientific experimentation the social and intellectual order was to be remodeled. Campa< * Handbuch der Padagogik, Vol. VII., p. 425. ^ ' ■ INTRODUCTION nella, a Dominican monk of Calabria, began in 1603 his Civitas Solis, which he published in 1623; Bagon jn^the Novus_ _ A tlantis , _written before^,.i6i7 and- published in 1627, exhibited a stater~of TwEich the most striking fea- ture was a college " instituted for the interpreting -of nature and the production qi great and marvelous works for the benefit of man ; " and Comenius, after issuing his Conatuutn Pansophicorum Dilucidatio in 1639, went to England to form a " Universal College " for physical re- search on the lines suggested by Bacon in the New Atlantis.* But in the turmoil of the Civil War the Pansophia of Comenius was lost, and hopes of a Uni- versal College soon vanished. During the next hundred years political questions sup- planted philosophical. Harrington's Oceana dedicated to Cromwell in 1656, was not a romance, but " the first sketch in English political science of a written constitu- / tion limiting sovereignty, '* f " the only valuable model of a commonwealth," as Hume calls it. Hume himself, a century later (1752), in his Essays, Moral and Political, Part II., commenting on Plato, More, and Harrington, presented his " Idea of a Perfect Commonwealth, " and be- lieved that in his Utopia he had discovered a form of government to which he himself could not in theory formulate * any considerable objection. " In France also, writers were coming forward with schemes of a perfect government. Vairasse d'AUais, in La Ripublique des S^varambes, a part, of his Histoire des S^varambes, 1672, pictured a monarchy, with the state owning land and wealth and the people dwelling in huge osmasies like Fourier's phalanstires. F6n61on in Book X. of the TMmaque, which contains his account of the kingdom of Salente, described a perfect state under the authority of a perfect king. But Utopias advocating monarchy are jrare. With the realization- of the evils of the_„ state .system of .the. eight- eenth century, thought took a new direction. Morelly in Naufrage des ties flottantes ou la Basiliade de Pilpai, 1753, declared that the existing conditions were corrupt, ♦Keatinge: The Great Didactic of Comenius, p. 45. t Dwight in « Political Science Quarterly," 1887, p. 17. IDEAL EMPIRES AND REPUBLICS attacked the law of property, and tried to demonstrate the necessity of placing society under the law of nature and truth, — ideas more fully developed in his Code de la Nature, 1755. This appeal to the law of nati*e showed the prevailing political concept of the period. The eyes of the reformers were now turned to the natural princi- ples of social order and government, and in 1762 Rous- seau gave to .the, world, in the ContKAt-Sacied his scheme of the state founded on social compact. Mably went further than Rousseau, and in his various writings from 1765 to 1784 denounced private property, inheritance and right of bequest, commerce, credit, the arts and sciences, libraries, museums, and the like. Finding his ideal among the Greeks, he viewed the Spartan era as a golden age, and extolled poverty as the mother of frugality and the virtues. He preached not only equality and equal education for all, but a federal state and commu- nity of goods. If Rousseau inspired Robespierre and St. Just, it is equally true that Mably and Pechm^ja (Tiliphe, 1784) inspired Marat, Babceuf, and Buonarrotti. Although during the French Revolution men acted rather than dreamed, yet in the teachings of Mar^chal, Marat, and the Girondist Brissot de Warville, and in the speeches of St. Just and Robespierre, we find embodied Utopian ideals regarding man and his fundamental rights. The adoption of the constitution of 1793 was as truly an at- tempt to found a Utopia as was the forming of the "Society of Equals," through which Baboeuf hoped to hasten a communistic millenium. The French Revolution so shattered society that writers of Utopias, who before had had little real ex- pectation of seeing their theories applied, now worked to remodel the social and industrial order. The fol- lowers of St. Simon established an experimental com- munity in 1826; in 1840 & phalansUre of Fourier was set up at Brook Farm in America; at New Lanark, before the close of the eighteenth century, Robert Owen had tried his economic Utopia, and in 1825 was experiment- ing at New Harmony in Pennsylvania. In 1848 great national workshops were set up in Paris; and in Algiers Marshal Bugeaud endeavored to establish a military INTRODUCTION colony on a communistic basis. Cabet copied More's Utopia in his Voyage en Icarie, and gave it a better trial at Nauvoo in Illinois in 1849 than had Frank, Miin- ster, and Miiazer in Germany in the sixteenth century. But after Cabet's Icarie, except in a few cases such as Lytton's Coming Race, Bellamy's Looking Backward, and Secrdtan's Mon Utopie, which were little more than lit- erary pastimes, and such experimental communities as the Christian Commonwealth near Columbus, Georgia, and the Ruskin Colony in the same state, both of which have failed, the history of Utopias is the history of scientific socialism, and is not to be dealt with here. Of all the Utopias the most famous are the four selected for presentation in this volume, for not only are they great creations of the imagination, but they stand in the first rank of literary productions; and two of them, those of More and Rousseau, have surpassed all others in influence. The work of More is further distinguished by the fact that it was the first of the modern productions of the kind, and also the first to bear the familiar title of IJtopia. Sir Thomas More was born in 1478. He earlyBecame a student of law and the new learning, and though his later years were spent in the practice of law, diplomacy, and statecraft, he remained to the end of his life devoted to learning and religion. That he was a keen observer of the social ■ conditions of his time the Utopia proves; for it con- tains not only a picture of an ideal community, but a severe indictment of the disorders attending the great social and economic transformation from an agricultural to an industrial and commercial state through which England was passing. New conditions of industry and commerce had made impossible the retention of the old manorial system ; villenage was disappearing and the vil- leins were becoming copy-holders ; agriculture was ceasing to be profitable under the old methods ; money was tak- ing the place of payments in kind; and the dispersion of the manorial tenantry was increasing vagabondage and the number of the unemployed. The old towns, too, like Norwich, Exeter, York, Winchester, and Southampton, with their narrow gild restrictions were falling into IDEAL EMPIRES AND REPUBLICS decay, and were making way for new industrial centers like Birmingham, Manchester, Leeds, and Sheffield. More important still was the introduction, in many of the counties, of the inclosure system. landlords, dis- covering that farming was more profitable when done on a large scale, and that sheep raising brought even larger returns than agriculture, turned arable lands into pasture, thus depopulating the old villages, setting adrift large number of villeins to find work wherever they could, and bringing great distress and misery to the people. Such were the conditions that inspired More in his Utopia, the first book of which is a treatise on the evils of the time. The second book of the Utopia presents as a remedy for all ills an ideal state in which there are no drones and of which the key-note is moderation. With the ex- ception of the very learned, the inhabitants of the new state are all producers, who devote six hours of each day to labor and the remaining to social and intellectual pleasures; who avoid war and all luxuries; and whose king, chosen by themselves and for life, lives like a common citizen, governing not in the interest of the few, but for the happiness of the many. In his treatment of labor, questions of criminal law, education, public health,^ and freedom of speech. More strikes a very modern note ; but though he showed himself, like the other Oxford re- formers, a lover of liberty, justice, truth, and toleration,, and though he rose to be Chancellor of England, he made no effort to apply as a politician the doctrines he had advanced as a philosopher. Possibly, as Master of the Court of Requests, or Court of Poor Men's Causes, he may have dispensed the justice of the Utopia; but in other matters, notably that of religion, he did not in practice rise to the height he had attained in his thought. He opposed Lutheranism, and while not persecuting the Protestants, as has been charged, battled with heresy till his death. In fact, the second book of the Utopia at its best but reflects the character of a noble man, whose mind revolted against the injustice and inequalities of his age. Both Campanella's City of the Sun and Bacon's New Atlantis, notwithstanding their differences in setting and treatment, represent an awakened interest in a new INTRODUCTION philosophy. Unlike Sir Thomas More, neither Campa-t nella nor Bacon concerned himself much with the economic \ or social questions of his time. Campanella was from ; boyhood a student of logic and physics. Bacon, led partly by personal inclination, and partly by the fact that in the greater prosperity of the age of Elizabeth, social condi- tions had become less exigent, turned his attention to politics and philosophy. The crisis reflected in the Uto- pias of these writers were, therefore, revolutions, not in' society, but in philosophical thought and method. In- fluenced by Bernhard Telesius (1508-88), the great Ital- ian opponent of the doctrines of Aristotle, Campanella, like Bacon saw the need of a fundamental reform of natural philosophy, and the substitution for analogies and abstract generalizations of the sounder method of exact j observation. Unwilling to employ principles established arbitrarily, they based all conclusions on careful and scien- tific experimentation. Before Campanella was twenty-five '^ years old he had published a series of works supporting the contention that men can understand the world only <; through the senses. Bacon, born in 1561, seven years earlier than Campanella, although from boyhood eager tcT" accomplish by means of a new philosophy something of practical benefit for humanity, was slower in publishing his views. Whereas the Ciij' of the Sun, written after the De Sensu Rerum, Philosophia Sensibus Demonstrata, and De Investigatione Rerum, presents a social and philosophical scheme worked out in minute detail, the New Atlantis, written before the publication of the. Novum Organum and the Instauratio Magna, is but/" a sketch of the results Bacon would like to have at- tained, rather than a demonstration of the methods nec- essary for their attainment. Campanella's work is, so far 1 as it goes, complete; Bacon's is only a fragment which ' probably he never intended to perfect. Campanella, bom in southern Calabria in 1568, became at a very early age a Dominican monk and was interested rather in physics than in theology. By attacking the prevailing Aristotelian philosophy, he soon roused ene- > mies against him, and was imprisoned on the charge of conspiring to overthrow the Kingdom of Naples and found IDEAL EMPIRES AND REPUBLICS a republic. He was seven times tortured during twenty- seven years of confinement in fifty different prisons, and was often deprived of the means of study and writing. After his release in 1626, he withdrew t(f* France; a.nd in 1639, died in a convent of his order. The Civitas Soils seu idea reipublicae philosophic^, written in prison, is believed to have been the beginning of a large work, of which the first part was to deal with the laws of nature, the second with the manners and customs of men, the third with the organization of the state, the fourth with the economic bases of society. It was, as Campanella himself says, the counterpart of Plato's Republic, and on its scientific side was based on Telesius. It formulated for the first time a complete socialistic system on a scien- tific foundation,* and, in France especially, furnished a model for later ideal communities. The city with its seven walls, its compact organization, , its carefully divided labors, and rigorous discipline reflect the monastic experiences of the writer; but the principles, in accordance with which the state is governed, the social relation determined, and industry controlled, are / such as to interest men in all ages. Cjjljectixely, the ' inhabitants labor for the common good ; individually, each seeks the perfecting of his body and soul, the care of the young children, and the worship of God. Govern- ment is intrusted to the wisest and ablest, and laws are made and administered only so far as they promote the object for which all are laboring. The essences of life are equality, sacrifice of self for the community, the banishment of egotism; and peculiar features are the com- munity of wives and goods, common meals, state control of produce, and of children after a certain age, dislike of commercial exchange, depreciation of money, love of all for manual labor, and the high regard which all show for intellectual and artistic pursuits. It is a remarkable fact that in spite of Campanella's sufferings his work should not only shbw no trace of bitterness, but should main- tain consistently the loftiest ideals. Less purely Utopian in conception than the City of the Sun is Bacon's Atlantis, and almost entirely wanting is •Sigwart, Kletne Schriften, p. 151. INTRODUCTION it in the communistic extravagances of Campanella's work. It contains an expression of the scientific views of Bacon and his opinion regarding the duty of the state toward science. More than this it describes his tastes in fconduct and dress, and is characterized by a spirit of hospitality, kindliness, and courtesy, which betrays his sympathetic nature. As has been well said " there is no single work of his which has so much of himself in it. ® Unlike More, who would limit the population. Bacon, as the institutions of the Tirsan shows, would have families large; and unlike other writers of his age, he gives a prominent part and attractive character to Joabin, a Jew. But the chief interest of the author centers in Solomon's House, the College of the Six Days Works, a state institution governed by an official body, and founded for the purpose of dis- covering " the causes and secret motions of things. " Here Bacon gives a list of those experiments and observations, which he hoped would increase knowledge, ameliorate the conditions of life, improve the physical well-being of man, and enlarge the bounds of the human empire. In medicine, surgery, meteorology, food, and mechanical contrivances he anticipates many of the improvements of later times. It has been generally supposed that " this noblest foundation that ever was on earth " suggested the foundation and program of the Royal Society in England and of similar societies abroad. From Campanella and Bacon to Rousseau is a long reach not only in time, but in thought also; and noth- ing could be more foreign to the philosophy advocated by the earlier writers than the a priori methods of Rous- seau, and his disregard of history, observation, and in- duction. Taking ideas that had been floating about in Europe for two centuries, he presented them, with great charm and vigor of style, as a set of positive principles governing the organization of the state. Nor did he in- vent an island of Utopia, a City of the Sun, or a far away Atlantis in which to apply, his principles, but he declared that they were capable of universal application, and that they indicated what every government would be if it were stripped of the artificial garb of civilization. His vague generalizations and impracticable doctrines were the more IDEAL EMPIRES AND REPUBLICS efiEective because not embodied in a romantic form, for each doctrine applied directly to the man who read it and was applied by him to the state that was oppressing him. Rousseau fascinated the multitude because he seemed to appeal, not to their imagination, but to their reason, and seemed to say that the state of the Social Contract was what France ought to be and might be, if only the people of France had their rights. The central idea of the Social Contract is the abso- lute authority of the people. Rousseau declares that the existing situation is but a degeneration from a more per- fect order, when man, born free, was possessed of natural liberty and governed by natural law; and that this de- , generation had begun when man exchanged natuoraj lib- erty for civil liberty, and natural law for positive law. Rousseau further holds that government and the state are the result of a social compact, a common agreement between individuals who voluntarily 3rield themselves to be subject to the common will ; that such body politic is composed of equal members possessed of absolute author- ity; that sovereignty residing in the people can neither be delegated to representatives nor modified by contract with a king; and that the will of the majority, as ex- pressed by universal suffrage, determines the form tht government should take, and can at any time change thft government if it desires. The result of such ideas was to lead the people to believe that existing institutions had no right to exist ; that sovereignty rightfully belonged not to the king but to them; and that a government which had usurped sovereignty could be set aside. But Rousseau's Utopia was based on four fallacies: first, the essential goodness of man ; secondly, the original free- dom and equality of man; thirdly, the possession by man of inherent political rights; and fourthly, the compact between individuals as the basis of the State Yet its doctrines found a firm rooting among the people of the period after Rousseau, both in France and in America, and rights of man and an original compact became the shibboleths of statesmen for half a century Rousseau's Utopia, unlike the ideal states that had gone before, ap- pealed to the masses of the people already ripe for revo- INTRODUCTION lution, became a standard around which they were to rally, an article of faith for which they were to fight. In this respect, the Social Contract is no longer a Utopia, but a creed, of that class to which Calvin's Institutes be- long With the rise of the historical school, however, its doctrines have vanished, much as did those of Aristotle before the attacks of Campanella and Bacon. Latter-day Utopias are not founded on a /wr« deductions ; they gen-L' erally have a scientific basis. The systematic study of Utopias cannot but be fruit- ful of results. Fantastic though many of the systems are, each is nevertheless a mirror of the prevailing thought of the period in which it is written and a key to the ideals of the best men. To write properly the history of Uto- pias from the time of Sir Thomas More to the present is to write the history of the progress of human thought in the last five centuries. CONTENTS PAOB ROUSSEAU'S SOCIAL CONTRACT Prefatory Note i Introductory Note to Book I. . .y/T^^-f'^s .... 3 BOOK /\ CHAP. I. Subject of the First Book . 'T'-^t^ 4 II. Primitive Societies 4 III. The Right of the Strongest 6 IV. Slavery 7 V. That It Is Always Necessary to Go Back to a First Convention . . . . , 12 VI. The Social Pact -j — : — r- 13 VII. The Sovereign xj VIII. The Civil State 17 IX. Real Property . .__.. , . 18 BOOK II. I. That Sovereignty Is Inalienable 21 II. That Sovereignty Is Indivisible 22 III. Whether the General Will Can Err . ,. — r- « . 24 IV. The Limits of the Sovereign Power . . . . ■ . . 25 V The Right of Life and Death 29 VI. The Law .... 31 VII. The Legislator 34 VIII. The People , . 37 IX. The People (continued) 39 X. The People (continued) 42 XI. The Different Systems of Legislation 45 XII. Division of the Laws 47 BOOK III. I. Government in General-^ — . — . — 49 II. The Principle which Constitutes the Different Forms of Government 54 III. Classification of Governments .57 IV. Democracy 58 V. Aristocracy «.... 60 IDEAL EMPIRES AND REPUBLICS CEAF. VI. VII. VIII. IX. X. XI. XII. XIII. XIV. XV. XVI. xvn. XVIII. PAGE Monarchy ''3 Mixed Governments 68 That Every Form of Government Is Not Fit for Every Country 69 The Marks of a Good Government „r-^zx==-^ • • 74 The Abuse of the Government and Its Tendency to Degenerate . ... 76 The Dissolution op the Body Politic 78 How THE Sovereign Authority Is Maintained ... 79 How the Sovereign Authority Is Maintained (con- tinued) ... 80 How the Sovereign Authority Is Maintained (con- tinued) 8a Deputies or Representatives 83 That the Institution of the Government Is Not a Contract .- — ; — 86 The Institution op the Government 88 Means of Preventing Usurpations of the Government. 8q BOOK TV. I. That the General Will Is Indestructible II. Voting .... III. Elections . IV. The Roman Comitia V. The Tribuneship . VI. The Dictatorship VII. The Censorship .i:i=r.; VIII. Civil Religion IX. Conclusion .- . - 92 94 97 99 109 III 114 115 126 SIR THOMAS MORE'S UTOPIA Book 1 129 Book II 162 Of The Towns of Utopia, Particularly of Amaurot . . 165 Of Their Magistrates 167 Of Their Trade, and Manner of Life 168 Of Their Traffic 173 Of the Traveling of the Utopians . 178 Of Their Slaves and of Their Marriages 198 Of Their Military Discipline 206 Of the Religions of the Utopians 215 LORD FRANCIS BACON'S NEW ATLANTIS • 835 THOMAS CAMPANELLA'S CITY OP THE SUN . -Is' i7S PREFATORY NOTE. fgis^ little treatise is extracted from a larger work undertaken at an earlier time without consideration of my capacity, and long since abandoned. Of the various fragments that might be selected from what was accom- plished, the following is the most considerable and ap- pears to me the least unworthy of being offered to the public. The rest of the work is no longer in existence. » (0 BOOK I. INTRODUCTORY NOTE. I WISH to inquire whether, taking men as they are and laws as they can be made, it is possible to establish some just and certain rule of administration in civil affairs. In this investigation I shall always strive to reconcile what right per mits with what interest prescribes, so that Qustice"and utility~may~notbe_^^re3? r enter upon tEis" inquiry without demonstrating the importance of my subject. I shall be asked whether I am a prince or a legislator that I write on politics. I reply that I am not ; and that it is for this very reason that I write on politics. If I were a prince or a legis- lator, I should not waste my time in saying what ought to be done; I should do it or remain silent. Having been bom a citizen of a free State,* and a member of the sovereign body, however feeble an in- fluence my voice may have in public affairs, the right to vote upon them is sufficient to impose on me the duty of informing myself about them; and I feel happy, when- ever I meditate on governments, always to discover in my researches new reasons for loving that of my own country. * Rousseau, bom at Geneva in 1712, was a citizen, that is,_a^member of thes overeign body enjoyin g full politicaljrigbts»- He was proud of his mem bership of this cl ose~ariiEocracy. Rousseau'Delieved that the Social Contract would be well received in his native city on account of the praise bestowed on aristocratic go vernment ; but the work was burned, and in 1763 he renounced his citizenship. — jiD. (3) CHAPTER I. Subject of the Fisst Book. Man is bom free, and everywhere he ^s in ch ains . Many a one believes" himself ~the"master of others, and yet he is a greater slave than they. How has this change come about ? I do not know. What can render it legiti- mate ? I believe that I can settle this question. If I considered only force and the results that proceed from it, I should say that so long as a people is compelled to obey and does obey, it does well ; but that, so soon as it can shake off the yoke and does shake it off, it does better; for, if men recover their freedom by virtue of the same right by which it was taken away, either they are justified in resuming it, or there was no justification for depriving them of it. But the social_order is a sacred righ|__which serves as a fpundation fgr_a ll othe rs. This right, howevei\~^di2efiJiQt,i;ama-irQiii^oa±ure^ It is there- fore based on conventions. The question is to know what these conventions are. Before coming to that, I must establish what I have just laid down. CHAPTER II. Primitive Societies. / The earliest of all societies,* and the only natural one, ' is the family; yet children remain attached to their father only so long as they have need of him for their own preservation. As soon as this need ceases, the natural bond is dissolved. The children being freed from the obedience which they owed to their father, and the father from the cares which he owed to his children, become equally independent. If they remain united, it is no • Rousseau's endeavor in chapters 2 to 4 is to establish that freebom men have fallen into slavery. — Ed. (4) PRIMITIVE SOCIETIES 5 longer naturally but voluntarily; and the family itself is kept together only by convention. This common liberty is a consequence of man's nature, His first law .is_ to attend to his,_oHn. preserKatiQll< his first cares are those which he owes to himself; and as soon as he comes to years of discretion, being sole judge of the means adapted for his own preservation, he be- comes his own master. T he family is, then , if yo u will, the primitive model of ■ political societies ; the chiet is the analogue of the father, while the people represent the children; and all, being born free and equal, alienate their liberty only for their owrT advantage. The whole difference is that, in the family, the father's love for his children repays him for the care that he bestows upon them ; while, in the State, the pleasure of ruling makes up for the chief's lack of love for his people. Grotius * denies that all human authority is established for the benefit of the governed, and he cites slavery as an instance. His invariable mode of reasoning is to establish right by fact. A juster method might be em- ployed, but none more favorable to tyrants. It is doubtful, then, according to Grotius, whether the human race belongs to a hundred men, or whether these hundred men belong to the human race; and he appears throughout his book to incline to the former opinion, which is also that of Hobbes. In this way we have man kind divided like herds of cattle, each of which has a master, who looks after it in order to devour it. Just as a herdsman is superior in nature to his herd, so chiefs, who are the herdsmen of men, are superior in nature to their people. Thus, according to Philo's ac- count, the Emperor Caligula reasoned, inferring truly enough from this analogy that kings are gods, or that men are brutes. The reasoning of Caligula is tantamount to that of Hobbes and Grotius. Aristotle, before them all, had * Grotius (b. 1582, d. 1645). See Book I. 3 of his De Jure Belli ei Pacis. Hallam (Lit. of Europe, III, 4) denies that Grotius confounded right with fact, though he concedes that the latter's theological prejudices led him to carry too far the principle of obedience to government — Ed. -V 6 THE SOCIAL CONTRACT likewise said that men are not naturally equal, but that some are born for slavery and others for dominion. Aristotle was right, but he mistook the eifect for the cause. Every man bom in slavery is born £ot slavery; nothing is more certain. Slaves lose everything in their bonds, even the desire to escape from them; they love their servitude as the companions of Ulysses loved their brutishness. If, then, there are slaves by nature, it is because there have been slaves contrary to nature. The first slaves were made such by force; their cowardice kept them in bondage. I have said nothing about King Adam nor about Em- peror Noah, the father of three great monarchs who shared the universe, like the children of Saturn with whom they are supposed to be identical. I hope that my modera- tion will give satisfaction; for, as I am a direct descend- ant of one of these princes, and perhaps of the eldest branch, how do I know whether, by examination of titles, I might not find myself the lawful king of the human race ? Be that as it may, it cannot be denied that Adam was sovereign of the world, as Robinson was of his island, so long as he was its sole inhabitant ; anli it was an agreea- ble feature of that empire that the monarch, secure on his throne, had nothing to fear from rebellions, or wars, or conspirators. CHAPTER III. The Right of the Strongest. The strongest man is never strong enough to be always master, unless he transforms his power into right, and obedience into duty. Hence the right of the strongest a right apparently assumed in irony, and really estab- lished in principle. But will this phrase never be ex- plained to us? Force is a physical power; I do not see what morality can result from its effects. To yield to force is an act of necessity, not of will; it is at most an act of prudence. In what sense can it be a duty ? SLAVERY 7 Let us assume for a moment this pretended right. I say that nothing results from it but inexplicable non- sense; for if force constitutes right, the effect changes with the cause, and any force which overcomes the first succeeds to its rights. As soon as men can disobey with impunity, they may do so legitimately; and since the strongest is always in the right, the only thing is to act in such a way that one may be the strongest. But what sort of a right is it that perishes when force ceases ? If it is necessary to obey by compulsion, there is no need to obey from duty; and if men are no longer forced to obey, obligation is at an end. We see then, that this word RIGHT adds nothing to force ; it here means nothing at all. Obey the powers that be. If that means. Yield to force, the precept is good but superfluous ; I reply th^t it will never be violated. All power comes from God, I admit; but every disease comes from him tod; does it i follow that we are prohibited from calling in a physi- cian ? If a brigand should surprise me in the recesses of a wood, am I bound not only to give up my purse when forced, but am I also morally bound to do so when I might conceal it? For, in effect, the pistol which he holds is a superior force. Let us agree, then, that might does not make right, and that we are bound to obey none but lawful authori- ties. Thus my original question ever recurs. CHAPTER IV. Slavery. fimcE no man has any natural auth ority over his fellow- m ^* and smce torce ia IluL Llm tjutirce of right, conven- tions remain as the basis of all lawful authority among m en.* * Having shown that political authority does not spring from the law of nature, and that force is not a source of right, Rousseau reverts to his statement in chapter I. that all lawful authority rests on con- ventions, and he now proceeds to consider what conventions are legitimate.— ( Ed. ) 8 THE SOCIAL COISPTRACT If an individual, says Grotius, can alienate his liberty and become the slave of a master, why should not a whole people be able to alienate theirs, and become sub- ject to a king? In this there are many e^ivocal terms requiring explanation ; but let us confine ourselves to the word ALIENATE. To alienate is to give or sell. Now, a man who becomes another's slave does not give himself; he sells himself at the very least for his subsistence. But why does a nation sell itself ? So far from a king supplying his subjects with their subsistence, he draws his from them; and, according to Rabelais, a king does not live on a little. Do subjects, then, give up their persons on condition that their property also shall be taken ? I do not see what is left for them to keep. It will be said that the despot secures to his subjects civil peace. Be it so; but what do they gain by that, if the wars which his ambition brings upon them, together with his insatiable greed and the vexations of his ad- ministration, harass them more than their own dissen- sions would ? What do they gain by it if this tranquillity is itself one of their miseries ? Men live tranquilly also in dungeons; is that enough to make them contented there ? The Greeks confined in the cave of the Cyclops lived peacefully until their turn came to be devoured. To say that a man gives himself for nothing is to say what is absurd and inconceivable ; such an act is illegiti- mate and invalid, for the simple reason that he who per- forms it is not in his right mind. To say the same thing of a whole nation is to suppose a nation of fools; and madness does not confer rights. Even if each person could alienate himself, he could not alienate his children; they are bom free men; their liberty belongs to them, and no one has a right to dis- pose of it except themselves. Before they have come to years of discretion, the father can, in their name, stipu- late conditions for their preservation and welfare, but not surrender them irrevocably and unconditionally; for such a gift is contrary to the ends of nature, and exceeds the rights of paternity. In order, then, that an arbitrary government might be legitimate, it would be necessary that the people in each generation should have the option SLAVERY 9 of accepting or rejecting it ; but in that case such a gov- y^ ernment would no longer be arbitrary. To renounce one's liberty is to renounce one's qualify as a ma ^^hf? rigbtn nnri alnn the^duties of humanity. "For him who renounces everything there is no possible compensation. Such a renunciation is incompatible with man's nature, for to take away all freedom from his will is to take away all morality from his actions. In short, a convention which stipulates absolute authority on the I one side and unlimited obedience on the other is vain and ' contradictory. Is it not clear that we are under no obli- gations whatsoever toward a man from whom we have a right to demand everything ? And does not this single condition, without equivalent, without exchange, involve the nullity of the act ? For what right would my slave have against me, since all that he has belongs to me ? His rights being mine, this right of me against myself is a meaningless phrase. Grotius and others derive from war another origin for the pretended right of slavery. The victor having, accord- ing to them, the right of slaying the vanquished, the latter may purchase his life at the cost of his freedom; an agreement so much the more legitimate that it turns to the advantage of both. But it is manifest that this pretended right of slaying the vanquished in no way results from the state of war. Men are not naturally enemies, if only fr >r j^e-. rf-asnTi ffiaf^livin'pr in thP^r pritnitiim inrlppppr^p-npp.^ they have no mutual relations suiSciently durable to cons titute a^ stats of peace or a state of war. It is the relation of ; things and not of men which constitutes war; and since the state of war cannot arise from simple personal relations, / but only from real relations, private war — war between ^ man and man — cannot exist either in the state of nature, where there is no settled ownership, or in the social state where everything is under the authority of the laws. Private co mbats, duels, and encounters are acts which do not constitute a State ot war; ana witn re gard to the private wars authorized by the Establishments oi Louis jy., kinor nf Frgripp anrl suspended bv the Peace of God. they were abuses of the feudal government, an absurd lo THE SOCIAL CONTRACT system if ever there was one, contrary both to the principles of natural right and to all sound government. W'ar. then, is not a relation between man and many bu t aTelation between ^^»^p arirl Statp in which inHitHHiigls a re enemies o nly by accident, not as men, nor even as citizens, b ut as soldiers; not as members f^f thp. fatlier- land, but as its defenders. In short, each State can have as enemies only other States and not individual men, inasmuch as it is impossible to fix any true relation between things of different kinds. This principle is also conformable to the established maxims of all ages and to the invariable practice of all civilized nations. Declarations of war are not so much warnings to the powers as to their subjects. The for- eigner, whether king, or nation, or private person, that robs, .„slays, or detains subjects without declaring war against the government, is not an enemy, but a brigand. Even in open war, a just prince, while he rightly takes possession of all that belongs to the State in an enemy's country, respects the person and property of individuals ; he respects the rights on which his own are based. The aim of war being the destruction of the hostile State, we have a right to slay its defenders so long as they have arms in their hands ; but as soon as they lay them down and surrender, ceasing to be enemies or instruments of the enemy, they become again simply men, and no one has any further right over their lives. Sometimes it is possi- ble to destroy the State without killing a single one of its members ; but war confers no right except what is .neces- sary to its end. These are not the principles of Grotius ;* they are not based on the authority of poets, but are derived from the nature of things, and are founded on reason. With regard to the right of conquest, it has no other foundation than the law of the strongest. If war does not confer on the victor the right of slajdng the van- • Grotius treats of declarations of war in Ds Jure III. 3. The reference to the authority of poets is a sneer at Grotius, borrowed probably from Hobbes (Review and Conclusion) and Locke I. 11. Mackintosh and Hallam have defended Grotius by pointing out that he quotes poets as witnesses, not as authorities.— Ed. SLAVERY II qiiished, this right, which he does not possess, cannot be the foundation of a right to enslave them. If we have a right to slay an enemy only when it is impossible to enslave him, the right to enslave him is not derived from the right to kill him; it is, therefore, an iniquitous bar- gain to make him purchase his life, over which the victor has no right, at the cost of his liberty. In establishing the right of life and death upon the right of slavery, and the right of slavery upon the right of life and death, is it not manifest that one falls into a vicious circle ? Even if we grant this terrible right of killing every- body, I say that a slave made in war, or a conquered nation, is under no obligation at all to a master, except to obey him so far as compelled. In taking an equiva- lent for his life the victor has conferred no favor on the slave ; ^instead of killing him unprofitably, he has de- ^stroy qf* ^^'"^ f" r his own advantage.! Far, then, from having acquired over him any authority in addition to that of force, the state of war subsists between them as before, their relation even is the effect of it; and the exercise of the rights of war supposes that there is no treaty of peace. They have made a_£oiiyention. Be it so; but this convention, far from terminating the state of war, supposes its continuance. Thus, in whatever way we regard things, the right of slavery is invalid, not only because it is illegitimate, but because it is absurd and meajaingless. These term's, slavery and RIGHT, are contradictory and mutually exclusive. Whether addressed by a man to a man, or by a man to a nation, such a speech as this will' always be equally foolish: "I make an agreement with you wholly at your expense and wholly for my benefit, and I shall observe it as long as I please, while you also shall observe it as long as I please." CHAPTER V. ^ That It Is Always Necessary to Go Back to a First Convention. If I should concede all that I have so far refuted, those who favor despotism would be no farther advanced. There will always be a great difference between subduing a multitude and ruling a society. When isolated men, however numerous they may be, are subjected one after another to a single person, this seems to me only a case of master and slaves, not of a nation and its chief; they form, if you will, an aggregation, but not an association, for they have neither public property nor a body politic. Such a man, had he enslaved half the world, is never any- , thing but an individual ; his interest, separated from that \of the rest, is never an3rthing but a private interest. If he dies, his empire after him is left disconnected and dis- united, as an oak dissolves and becomes a heap of ashes after the fire has consumed it. A nation, says Grotius, can give itself to a king. Ac- cording to Grotius, then, a nation is a nation before it gives itself to a king. This gift itself is a civil act, and presupposes a public resolution. Consequently, before ex- amining the act by which a nation elects a king, it would be proper to examine the act by which a nation becomes a nation; for this act, being necessarily anterior to the other, is the real foundation of the society. In fact, if there were no anterior convention, where, unless the election were unanimous, would be the obliga- tion upon the minority to submit to the decision of the majority? And whence do the hundred who desire a master derive the right to vote on behalf of ten who do not desire one ? The law of the plurality of votes is itself established by convention, and presupposes unanimity once at least. (la) CHAPTER VI. / The Social Pact. ' I ASSUME that men have reached a point at which the obstacles that endanger their preservation in the state of nature overcome by their resistance the forces which each individual can exert with a view to main- taining himself in that state. Then . this primitive condi- tion cannot longer subsist, and the human race would perish unless it changed its mode of existence. Now as men cannot create any new forces, but only combine and direct those that exist, they have no other means of self-preservation than to form by aggregation a sum of forces which may overcome the resistance, to put them in action by a single motive power, and to make them work in concert. This sum of forces can be produced only by the com- bination of many; but the strength and freedom of each man being the chief instruments of his preservation, how can he pledge them without injuring himself, and without neglecting the cares which he owes to him- self ? This difl&culty, applied to my subject, may be ex- pressed in these terms: — "To find a form of association which may defend and i- protect with the whole force of the community the per- 1\ son and property of every associate, and by means of which, coalescing with all, may nevertheless obey only himself, and remain as free as before." Such is the fundamental problem of which the social contract fur- nishes the solution. The clauses of this contract are so determined by the nature of the act that the slightest modification would render them vain and ineffectual; so that, although they have never perhaps been formally enunciated, they are everywhere the same, everywhere tacitly admitted and recognized, until, the social pact being violated, each man regains his original rights and recovers his natural liberty while losing the conventional liberty for which he renounced it. 14 THE SOCIAL CONTRACT These clauses, rightly understood, are reducible to one only, viz, the total alienation to the whole community of each associate with all his rights; for, in the first place, since each gives himself up entirdl^,_ the condi-^ tions are e qual for all; and, the conditions being equal lor "allTno^ne has any interest in making them _biirden- some to oth ers. ~ Further, the ajienation being made without reserve, the union is as perfect as it can be, and an individual associate can no longer claim anjrthing; for, if any rights were left to individuals, since there would be no common superior who could judge between them and the public, each, being on some point his own judge, would soon claim to be so on all ; the state of nature would still sub- sist, and the association would necessarily become tyran- nical or useless. In short, each giving himself to all, gives himself to nobody; and as there is not one associate over whom we ' "do not acquire the same rights which we concede to him over ourselves, we gain the equivalent of all that we lose, and more power to preserve what we have. If, then, we set aside what is not of the essence of the social contract, we shall find that it is reducible to the following terms: "j^jfilL-P^ ^'"' V"^' ^ ^^ common his per- son and his w hole power under the supreme direction o f -t he jyfenerai will; and in return we receive eve r^jmeffifcer as an J TirliY^piVvlp pg-rt pf the whole. » Forthwith, instead of the individual personalities of all the contracting parties, this act of association produces a moral and collective body, which is composed of as many members as the assembly has voices, and which receives from this same act its unity, its common self {mot), its life, and its will. This public person , which is thus formed by the union of all the individual members, for- . merly took the name of city, and now takes that of re- public or BODY POLITIC, which is called by its members State when it is passive, sovereign when it is active, POWER when it is compared to similar bodies. With re- gard to the asssociates, they take collectively the name of PEOPLE, and are called individually citizens, as par- ticipating in the sovereign power, and subjects, as sub- THE SOVEREIGN 15 jected to the laws of the State. But these terms are often confused and are mistaken one for another; it is sufficient to know how to distinguish them when they are used with complete precision. CHAPTER VII. The Sovereign. We see from this formula that the act of association contains a reciprocal engagement between the public and individuals, and that every individual, contracting so to speak with himself, is engaged in a double relation, viz, as a member of the sovereign toward individuals, and as a member of the State toward the sovereign. But we cannot apply here the maxim of civil law that no one is bound by engagements made with himself; for there is a great difference between being bound to oneself and to a whole of which one forms part. We must further observe that the public resolution which can bind all subjects to the sovereign in conse- quence of the two different relations under which each of them is regarded cannot, for a contrary reason, bind the sovereign to itself; and that accordingly it is con- trary to the nature of the body politic for the sovereign to impose on itself a law which it cannot transgress. As it can only be considered under one and the same rela- tion, it is in the position of an individual contracting with himself; whence we see that there is not, nor can be, any kind of fundamental law binding upon the body of the people, not even the social contract. This does not imply that such a body cannot perfectly well enter into engagements with others in what does not derogate from this contract ; for, with regard to foreigners, it becomes a simple being, an individual. But the body politic or sovereign, deriving its exist- ence only from the sanctity of the contract, can never bind itself, even to others, in anything that derogates from the original act. such as alienation of some portion i6 THE SOCIAL CONTRACT of itself, or submission to another sovereign. To violate the act by which it exists would be to annihilate itself; and what is nothing produces nothing. So soon as the multitude is thus united in^ne body, it is impossible to injure one of the members without attacking the body, still less to injure the body without the members feeling the effects.^ Thus duty and interest alike oblige the two contracting parties to give mutual assistance; and the men themselves should seek to com- bine in this twofold relationship all the advantages which are attendant on it. Now, the sovereign, being formed only of the indi- viduals that compose it, neither has nor can have any interest contrary to theirs; consequently the sovereign power needs no guarantee toward its subjects, because it is impossible that the body should wish to , injure all its members; and we shall see hereafter that it can injure no one as an individual. The sovereign, for the simple reason that it is so, is always everything that it ought to be. But this is not the case as regards the relation of sub- jects to the sovereign, which, notwithstanding the com- mon interest, would have no security for the perform- ance of their engagements, unless it found means to ensure their fidelity. Indeed, every individual may, as a man, have a par- ticular will contrary to, or divergent from, the general will which he has as a citizen; his private interest may prompt him quite differently from the common interest; his absolute and naturally independent existence may make him regard what he owes to the common cause as a gratuitous contribution, the loss of which will be less harmful to others than the payment of it will be burden- some to him; and, regarding the moral person that con- stitutes the State as an imaginary being because it is not a man, he would be willing to enjoy the rights of a citizen without being willing to fulfil the duties of a subject. The progress of such injustice would bring -about the ruin of the body politic. In order, then, that the social pact may not be a vain formulary, it tacitly includes this engagement, which can THE CIVIL STATE 17 alone give force to the others, that whoever refuses to obey the general will shall be constrained to do so by| the whole, body; which means nothing else than that he' shall be forced to be free; for such is the condition which, uniting every citizen to his native land, guaran- tees him from all personal dependence, a condition that insures the control and working of the political machine, and alone renders legitimate civil engagements, which, without it, would be absurd and tyrannical, and subject to the most enormous abuses. CHAPTER VIII. The Civil State. The passage from the state of nature to the civil s tate ^produ ces m man a very remakable change, by substitut- i ng in uiij liuudutiL llislice for instinct, ana py giving nis actions the moral quality that they previou sly lacked. It is only when the voice of duty succeeds physical impulse, V and law succeeds appetite, that man, who till then had ' ! regarded only himself, sees that he is obliged to act on other principles, and to consult his reason before listen- ing to his inclinations. Although, in this state, he is deprived of many advantages that he derives from nature, 1 he acquires equally great ones in return; his faculties i are exercised and developed; his ideas are expanded; his feelings are ennobled; his whole soul is exalted to such a degree that, if the abuses of this new condition did not often degrade him below that from which he has emerged, he ought to bless without ceasing the happy moment that released him from it for ever, and trans- formed him from a stupid and ignorant animal into an intelligent being and a man. Let us reduce this whole balance to terms easy to com- pare. What man loses by the social contract is his natural liberty and an unlimited right to anything which tempts him and which he is able to attain : what he gains is civil liberty and property in all that he possesses. In / 1 8 THE SOCIAL CONTRACT order that we may not be mistaken about these com- pensations,* we must clearly distinguish natural liberty, which is limited only by the powers of the individual, from civil liberty, which is limited by the gftieral will; and possession, which is nothing but the result of force or the right of first occupancy, from property, which can be based only on a positive title. Besides the preceding, we might add to the acquisitions of the civil state moral^ freedom, which alone renders man truly master of himself; for the impulse of inere appetite is slavery, while obedience to a self-prescribed law is liberty. But I have already said too much on this head, and the philosophical meaning of the term LIBERTY does uot belong to my present subject. CHAPTER IX. REAL PROPERTY. Every member of the community at the moment of its formation gives himself up to it, just as he actually is, himself and all his powers, of which the property that he possesses forms part. By this act, possession does not change its nature when it changes hands, and become property in those of the sovereign ; but, as the powers of the State {cit^) are incomparably greater than those of an individual, public possession is also, in fact, more secure and more irrevocable, without' being more legiti^ mate, at least in respect of foreigners; for the State, with regard to its members, is owner of all their property by the social contract, which, in the State, serves as the" basis of all rights; but with regard to other powers, it is owner only by the right of first occupancy which it derives from individuals. The right of first occupancy, although more real than that of the strongest, becomes a true right only after the estab- lishment of that of property. Every man has by nature a right to all that is necessary to him ; but the positive act which makes him proprietor of certain property REAL PROPERTY 19 excludes him from all the residue. His portion having been allotted, he ought to confine himself to it, and he has no further right to the undivided property. That is why the right of first occupancy, so weak in the state of nature, is respected by every member of a State. In this right men regard not so much what belpngs toothers as what does not belong to themselves. In order to legalize the right of first occupancy over any domain whatsoever, the following conditions are, in general, necessary : first, the land must not yet be inhab- ited by any one; secondly, a man must occupy only the area required for his subsistence; thirdly, he must take possession of it, not by an empty ceremony, but by labor and cultivation, the only mark of ownership which, in default of legal title, ought to be respected by others. Indeed, if we accord the right of first occupancy to necessity and labor, do we not extend it as far as it can go ? Is it impossible to assign limits to this right ? "Will the mere setting foot on common ground be sufficient to give an immediate claim to the ownership of it? Will the power of driving away other men from it for a moment suffice to deprive them for ever of the right of returning to it ? How can a man or a people take possession of an immense territory and rob the whole human race of it except by a punishable usurpation, since other men are deprived of the place of residence and the sustenance which nature gives to them in common. When NuSez Balboa on the seashore took possession of the Pacific Ocean and of the whole of South America in the name of the crown of Castile, was this sufficient to dispossess all the inhabitants, and exclude from it all the princes in the world ? On this supposition such ceremonies might have been multiplied vainly enough; and the Catholic king in his cabinet might, by a single stroke, have taken posses- sion of the whole world, only cutting off afterward from his empire what was previously occupied by other princes. We perceive how the lands of individuals, united and contiguous, become public territory, and how the right of sovereignty, extending itself from the subjects to the land which they occupy, becomes at once real and personal,- which places the possessors in greater dependence, and 20 THE SOCIAL CONTRACT makes their own powers a guarantee for their fidelity — an advantage which ancient monarchs do not appear to have clearly perceived, for, calling themselves only kings of the Persians or Scythians or Macedonians,*they seem to have regarded themselves as chiefs of men rather than as owners of countries. Monarchs of to-day call them- selves more cleverly kings of France, Spain, England, etc. ; in thus holding the land they are quite sure of holding its inhabitants. The peculiarity of this alienation is that the community, in receiving the property of individuals, so far from rob- bing them of it, only assures them lawful possession, and changes usurpation into true right, enjoyment into ownership. Also, the possessors being considered as depositaries of the public property, and their rights being respected by all the members of the State, as well as maintained by all its power against foreigners, they have, as it were, by a transfer advantageous to the public and still more to themselves, acquired all that they have given up — a paradox which is easily explained by distinguish- ing between the rights which the sovereign and the pro- prietor have over the same property, as we shall see hereafter. It may also happen that men begin to unite before they possess anything, and that afterward occupying ter- ritory sufficient for all, they enjoy it in common, or share it among themselves, either equally or in proportions fixed by the sovereign. In whatever way this acquisition is made, t he ri^ht which every indiy if^iial Tia a f^^rc-r h^'q^, own property is a1wav t>.o -n^ ^ which th e pnTniyinnity Tiag nypr all ;__o therwise th ere WOUld be UO s tability in the social unjon, and no re'a exercise vff gr.TrPi-<^i^<-y . I shall close this chapter and this book with a remark which ought to serve as a basis for the whole social sys- tem ; it is that instead of destroying natural equality, the fundamental pact, on the contrary, substitutes a moral and lawful equality for the physical inequality which - nature imposed upon men, so that, although unequal in strength or intellect, they all become equal by conven- tion and legal right. BOOK II. CHAPTER I. That Sovereignty is Inalienable. The first and most important consequence of the prin- ciples above established is that the general wi ll alone c an dire ct the forcesofthe State according- to the nhjppt. of its institution, w hich Is the common good; for if the opposition of private interests has rendered necessary the establishment of societies, the agreement of these same interests has rendered it possible. That which is com- mon to these dififerent interests forms the social bond; and unless there were some point in which all interests agree, no society could exist. Now, it is solely with regard to this common interest that the society should be governed. ^_^,, I say, then, that sove reignty, being nothing but the '■ ; exe rcise of the general ~will. can ..never . be alienated, and 'y that the sovereign power, which^ is only a colle ctive \ ^Sl^ZI^^I5i£!ISSl£5li§lSLi^l,?lL^°^^; power indeed \ can be transmitted, but not wffl- -' In fact, if it is not impossible that a particular will should agree on some point with the general will, it is at least impossible that this agreement should be lasting and con- stant; for the particular will naturally tends to prefer- ences, and the general will to equality. It is still more impossible to have a security for this agreement; even though it should always exist, it would not be a result of art, but of chance. The sovereign may indeed say: " I will now what a certain man wills, or at least what he says that he wills"; but he cannot say: "What that man wills to-morrow, I shall also will," since it is absurd that the will should bind itself as regards the future, and since it is not incumbent on any will to (21) 22 THE SOCIAL CONTRACT consent to anything contrary to the welfare o£ the being that wills. If then, the nation simply promises to obey, it dissolves itself by that act and loses its character as a people; the moment there rs a master, there ft no longer a sovereign, and forthwitn the body politic is destroyed. This does not imply that the orders of the chiefs cannot pass for decisions of the general will, so long as the sov- ereign, free to oppose them, refrains from doing so. In such a case the consent of the people should be inferred from the universal silence. This will be explained at greater length. CHAPTER II. That Sovereignty is Indivisible. For the same reason that sovereignty is inalienable it is indivisible; for the will is either general, or it is not; it is either that of the body of the people, or that of only a portion. In the first case, this declared will is an act of sovereignty and constitutes law; in the second case, it is only a particular will, or an act of magistracy — it is at most a decree. But our publicists, being unable to divide sovereignty in its principle, divide it in its object. They divide it into force and will, into legislative power and executive power; into rights of taxation, of justice, and of war; into internal administration and power of treating with foreigners — sometimes confounding all these departments, and sometimes separating them. They make the sover- eign a fantastic being, formed of connected parts; it is as if they composed a man of several bodies, one with eyes, another with arms, another with feet, and nothing else. The Japanese conjurers, it is said, cut up a child before the eyes of the spectators; then, throwing all its limbs into the air, they make the child come down again alive and whole. Such almost are the juggler's tricks of our publicists; after dismembering the social body by a deception worthy of the fair, they recombine its parts, nobody knows how. THAT SOVEREIGNTY IS INDIVISIBLE 33 This error arises from their not having formed exact notions about the sovereign authority, and from their taking as parts of this authority what are only emana- tions from it. Thus, for example, the acts of declaring war and making peace have been regarded as acts of sovereignty, which is not the case, since neither of them is a law, but only an application of the law, a particular act which determines the case of the law, as will be clearly seen when the idea attached to the word law is fixed. By following out the other divisions in the same way it would be found that, whenever the sovereignty ap- pears divided, we are mistaken in our supposition; and that the rights which are taken as parts of that sov- ereignty are all subordinate to it, and always suppose supreme wills of which these rights are merely executive. It would be impossible to describe the great obscur- ity in which this want of precision has involved the con- clusions of writers on the subject of political right when they have endeavored to decide upon the respec- tive rights of kings and peoples on the principles that they had established. Every one can see in chap- ters III. and IV. of the first book of Grotius, how that learned man and his translator Barbeyrac became en- tangled and embarrassed in their sophisms, for fear of sajnlng too much or not saying enough according to their views, and so offending the interests that they had to conciliate. Grotius, having taken refuge in France through discontent with his own country, and wishing to pay court to Louis XIII., to whom his book is dedi- cated, spares no pains to despoil the people of all their rights, and, in the most artful manner, bestow them on kings. This also would clearly have been the inclination of Barbeyrac, who dedicated his translation to the king of England, George I. But unfortunately the expulsion of James II., which he calls an abdication, forced him to be reserved and to equivocate and evade in order not to make William appear a usurper. If these two writers had adopted true principles, all difficulties would have been removed, and they would have been always con- sistent; but they would have spoken the truth with 24 THE SOCIAL CONTRACT regret, and would have paid court only to the people. Truth, however, does not lead to fortune, and the peo- ple confer neither embassies, nor professorships, nor pensions. CHAPTER III. Whether the General Will can Err. It follows from what precedes that the general will is always right and always tends to the public advantage; but it does not follow that the resolutions of the people have always the same rectitude. Men always desire their own good, but do not always discern it; the people are never corrupted, though often deceived, and it is only then that they seem to will what is evil. There is often a great deal of difference between the will of all and the general will; the latter regards only the common interest, while the former has regard to private interests, and is merely a sum of particular wills ; but take away from these same wills the pluses and minuses which cancel one another, and the general will remains as the sum of the differences. If the people come to a resolution when adequately informed and without any communication among the citizens, the general will would always result from the great number of slight differences, and the resolution would always be good. But when factions, partial associations, are formed to the detriment of the whole society, the will of each of these associations becomes general with reference to its members, and particular with reference to the State; it may then be said that there are no longer as many voters as there are men, but only as many voters as there are associations. The differences become less numerous and yield a less general result. Lastly, when one of these associations becomes so great that it predominates over all the rest, you no longer have as the result a sum of small differences, but a single difference; there is then no longer a general THE LIMITS OF THE SOVEREIGN POWER 25 will, and the opinion which prevails is only a particular \ opinion. It is important, then, in order to have a clear declaration of the general will, that there should be no partial as- sociation in the State, and that every citizen should express only his own opinion.* Such was the unique and sublime institution of the great Lycurgus. But if there are partial associations, it is necessary to multiply their number and prevent inequality, as Solon, Numa, and Servius did. These are the only proper precautions for insuring that the general will may always be enlightened, and that the people may not be deceived. CHAPTER IV. The Limits of the Sovereign Power. If the State or city is nothing but a moral person, the life of which consists in the union of its members, and if the most important of its cares is that of self-preserva- tion, it needs a universal and compulsive force to move and dispose jay^rv part in the manner most expedient for__ the whole. 4 As nature gives every man an absolute power over all his limbs, /the social pact gives the body politic an absolute power over all its members; and it is this same power which, when, directed by the general will, bears, as I said, the name of sovereignty. But besides the public person, we have to consider the private persons who compose it, and whose life and liberty are naturally independent of it. The question, then, is to distinguish clearly between the respective rights of the citizens and of the sovereign,! as well as * «It is true," says Machiavelli, «that some divisions injure the State, while some are beneficial to it; those are injurious to it which are accompanied by cabals and factions; those assist it which are maintained without cabals, without factions. Since, therefore, no founder of a State can provide against enmities in it, he ought at least to provide that there shall be no cabals. » ("History of Florence," Book VII.). t Attentive readers, do not, I beg you, hastily charge me with con- tradiction here. I could not avoid it in terms owing to the poverty of the lang^iage, but waif. 26 THE SOCIAL CONTRACT between the duties which the former have to fulfil in their capacity as subjects and the natural rights which they ought to enjoy in their character as men. It is admitted that whatever part of his power, prop- erty, and liberty each one alienates by the social com- pact is only that part of the whole of which the use is important to the community; but we must also admit that the sovereign alone is judge of what is important. All the services that a citizen can render to the State he owes to it as soon as the sovereign demands them; but the sovereign on its part, cannot impose on its sub- jects any burden which is useless to the community; it cannot even wish to do so, for, by the law of reason, just as by the law of nature, nothing is done without a The engagements which bind us to the social body are obligatory only because they are mutual; and their nature is such that in fulfilling them we cannot work for others without also working for ourselves. Why is the general will always right, and why do all invariably desire the prosperity of each, unless it is because there is no one but appropriates to himself this word each and thinks of himself in voting on behalf of all ? This proves that equality of rights and the notion of justice that it produces are derived from the preference which each gives to himself, and consequently from man's na- ture; that the general will, to be truly such, should be so in its object as well as in its essence; that it ought to proceed from all in order to be applicable to all; and that it loses its natural rectitude when it tends to some individual and determinate object, because in that case, judging of what is unknown to us, we have no true principle of equity to guide us. Indeed, so soon as a particular fact or right is in question with regard to a point which has not been regulated by an anterior general convention, the matter becomes contentious ; it is a process in which the private persons interested are one of the parties and the public the other, but in which I perceive neither the law which must be followed, nor the judge who should decide. It would be ridiculous in such a case to wish to refer the THE LIMITS OF THE SOVEREIGN POWER 27 matter for an express decision of the general will, which can be nothing but the decision of one of the parties, and which, consequently, is for the other party only a will that is foreign, partial, and inclined on such an occasion to injustice as well as liable to error. There- fore, just as a particular will cannot represent the gen- eral will, the general will in turn changes its nature when it has a particular end, and cannot, as general, decide about either a person or a fact. When the peo- ple of Athens, for instance, elected or deposed their chiefs, decreed honors to one, imposed penalties on an- other, and by multitudes of particular decrees exercised indiscriminately all the functions of government, the people no longer had any general will properly so called ; they no longer acted as a sovereign power, but as mag- istrates. This will appear contrary to common ideas, but I must be allowed time to expound my own. From this we must understand that what generalizes the will is not so much the number of voices as the common interest which unites them; for, under this system, each necessarily submits to the conditions which he imposes on others — an admirable union of interest and justice, which gives to the deliberations of the commu- nity a spirit of equity that seems to disappear in the dis- cussion of any private affair, for want of a common interest to unite and identify the ruling principle of the judge with that of the party. By whatever path we return to our principle we always arrive at the same conclusion. Adz, that the social com- pact establishes among the citizens such an equality that they all pledge themselves under the same conditions and ought all to enjoy the same rights. Thus, by the nature of the compact, every act of sovereignty, that is, every authentic act of the general will, binds or favors equally all the citizens ; /^o that the sovereign knows only the body of the nation, and distinguishes none of those that compose it.\ What, then, is an act of sovereignty properly so called ? It is not an agreement between a superior and an inferior, but an agreement of the body with each of its members ; a lawful agreement, because it has the social contract as 2S THE SOCIAL CONTRACT its foundation; equitable, because it is common to all; useful, because it can have no other object than the gen- eral welfare ; and stable, because it has the public force and the supreme power as a guarantee. So*ong as the subjects submit only to such conventions, they obey no one, but simply their own will; and tc ask how far the respective rights of the sovereign and citizens extend is to ask up to what point the latter can make engage- ments among themselves, each with all and all with each. Thus we see that the sovereign power, wholly abso- lute, wholly sacred, and wholly inviolable as it is, does not, and cannot, pass the limits of general conventions, and that every man can fully dispose of what is left to him, of his property and liberty by these conventions; so that the sovereign never has a right to burden one subject more than another, because then the matter becomes particular and his power is no longer competent. These distinctions once admitted, so untrue is it that in the social contract there is on the part of individuals any real renunciation, that their situation, as a result of this contract, is in reality preferable to what it was before, and that, instead of an alienation, they have only made an advantageous exchange of an uncertain and precarious mode of existence for a better and more assured one, of natural independence for liberty, of the power to injure others for their own safety, and of their strength, which others might overcome, for a right which the social union renders inviolable. Their lives, also, which they have devoted to the State, are continually protected by it; and in exposing their lives for its de- fense, what do they do but restore what they have received from it ? What do they do but what they would do more frequently and with more risk in the state of nature, when, engaging in inevitable struggles, they would defend at the peril of their lives their means of preser- vation ? All have to fight for their country in case of need, it is true; but then no one ever has to fight for himself. Do we not gain, moreover, by incurring, for what insures our safety, a part of the risks that we should have to incur for ourselves individually, as soon, as we were deprived of it ? CHAPTER V. The Right of Life and Death. It may be asked how individuals who have no right to dispose of their own lives can transmit to the sovereign this right which they do not possess. The question appears hard to solve only because it is badly stated. Every man has a right to risk his own life in order to preserve it. Has it ever been said that one who throws himself out of a window to escape from a fire is guilty of suicide ? Has this crime, indeed, ever been imputed to a man who perishes in a storm, although, on embark- ing, he was not ignorant of the danger? The social treaty has as its end the preservation of the contracting parties. He who desires the end desires also the means, and some risks, even some losses, are insep- arable from these means. He who is willing to preserve his life at the expense of others ought also to give it up for them when necessary. Now, the citizen is not a judge of the peril to which the law requires that he should expose himself; and when the prince has said to him: *It is expedient for the State that you should die," he ought to die, since it is only on this condition that he has lived in security up to that time, and since his life is no longer merely a gift of nature, but a condi- tional gift of the State. I The penalty of death inflicted on criminals may be regarded almost from the same point of view; it is in order not to be the victim of an assassin that a man consents to die if he becomes one. In this treaty, far from disposing of his own life, he thinks only of secur- ing it, and it is not to be supposed that any of the con- tracting parties contemplates at the time being hanged. Moreover, every evil-doer who attacks social rights becomes by his crimes a rebel and a traitor to his country; by violating its laws he ceases to be a member of it, and even makes war upon it. Then the preserva- tion of the State is incompatible with his own — one of the two must perish ; and when a guilty man is executed, (29) io THE SOCIAL CONTRACT it is less as a citizen than as an enemy. The proceed- ings and the judgment are the proofs and the declaration that he has broken the social treaty, and consequently that he is no longer a member of the State, ^ow, as he has acknowledged himself to be such, at least by his resi- dence, he ought to be cut off from it by exile as a vio- lator of the compact, or by death as a public enemy ; for such an enemy is not a moral person, he is simply a man ; and this is a cas e in which the right of war is to slay the vanquish^L/ But, it wm be said, the condemnation of a criminal is a particular act. Granted; but this condemnation does not belong to the sovereign; it is a right which that power can confer, though itself unable to exercise it. All my ideas are connected, but I could not expound them all at once. /"Again, the frequency of capital punishments is always a sign of weakness or indolence in the government. There is no man so worthless that he cannot be made good for something. We have a right to kill, even for example's sake, only those who cannot be preserved without dangen. As regardSthe right to pardon , or to exempt a guilty man from the penalty imposed by the law and inflicted by the judge, it belongs only to a power which is above both the judge and the law, that is to say, the sov- ereign; still its right in this is not very pla^^and the occasions for exercising it are very rare.Mfi^ a well- governed State there are few punishments, ni)f because many pardons are granted, but because there are few criminals; the multitude of crimes insures impunity when the State is decaying. Under the Roman Repub- lic neither the Senate nor the consuls attempted to grant pardons; the people even did not grant any, although they sometimes revoked their own judgments. Frequent pardons proclaim that crimes will soon need them no longer, and every one sees to what that leads. But 1 feel my heart murmuring and restraining my pen; let us leave these questions to be discussed by the just man who has not erred, and who never needed pardon him- self. CHAPTER VI. The Law. By the social compact we have given existence and iife to the body politic ; the question now is to endow it with movement, and will by legislation. For the original act by which this body is formed and consolidated deter- mines nothing in addition as to what it must do for its own preservation. What is right and conformable to order is such by the nature of things, and independently of human conven- tions. All justice comes from God, he alone is the source of it : but could we receive it direct from so lofty a source, we should need neither government nor laws. Without doubt there is a universal justice emanating from reason alone; but this justice, in order to be admitted among us, should be reciprocal. Regarding things from a human standpoint, the laws of justice are inoperative among men for want of a natural sanction; they only bring good to the wicked and evil to the just when the latter observe them with every one, and no one observes them in return. Conventions and laws, then, are neces- sary to couple rights with duties and apply justice to its object. In the state of nature, where everything is in common, I owe nothing to those to whom I have prom- ised nothing; I recognize as belonging to others only what is useless, to me. This is not the case in the civil state, in which all rights are determined by law. But then, finally, what is a law? So long as men are content to attach to this word only metaphysical ideas, they will continue to argue without being understood; and when they have stated what a law of nature is, they will know no better, what a law of the State is. I have already said that there is no general will with reference to a particular object. In fact, this particular object is either in the State or outside of it. If it is outside of the State, a will which is foreign to it is not general in relation to it; and if it is within the State, it forms part of it ; then there is formed between the whole (31) 32 THE SOCIAL CONTRACr and its part a relation whicli makes of it two separate beings, of which the part is one, and the whole, less this same part, is the other. But the whole, less one part, is not the whole, and so long as the relation sualists, there is no longer any whole, but two unequal parts; whence it follows that the will of the one is no longer general in relation to the other. But when the whole people decree concerning the whole people, they consider themselves alone; and if a relation is then constituted it is between the whole object under one point of view and the whole object under another point of view, without any division at all. Then the mat- ter respecting which they decree is general like the will that decrees. It is this act that I call a law. When I say that the object of the laws is always gen- eral, I mean that the law considers subjects collectively, and actions as abstract, never a man as an individual nor a particular action. Thus the law may indeed decree that there shall be privileges, but cannot confer them on any person by name; the law can create several classes of citizens, and even assign the qualifications which shall entitle them to rank in these classes, but it cannot nomi- nate such and such persons to be admitted to them; it can establish a royal government and a hereditary suc- cession, but cannot elect a king or appoint a royal fam- ily; in a word, no function^, which has reference to an individual object appertains to the legislative power. From this standpoint we see immediately that it is no longer necessary to ask whose office it is to make laws, since they are acts of the general will; nor whether the prince is above the laws, since he is a member of the State; nor whether the law can be unjust, since no one is unjust to himself; nor how we are free and yet sub- ject to the laws, since the laws are only registers of our wills. We see, further, that since the law combines the uni- versality of the will with the universality of the object, whatever any man prescribes on his own authority is not a law; and whatever the sovereign itself prescribes respect- ing a particular object is not a law, but a decree, not an act of sovereignty, but of magistracy. I therefore call any State a republic which is governed THE LAW 33 by laws, under whatever form of administration it may be ; for then only does the public interest predominate and the commonwealth count for something. Every legiti- mate government is republican ; * I will explain hereafter what government is. Laws are properly only the conditions of civil associa- tion. The people, being subjected to the laws, should be the authors of them; it concerns only the associates to determine the conditions of association. But how will they be determined ? Will it be by a common agreement, by a sudden inspiration ? Has the body politic an organ for expressing its will ? Who will give it the foresight necessary to frame its acts and publish them at the out- set ? Or how shall it declare them in the hour of need ? How would a blind multitude, which often knows not what it wishes because it rarely knows what is good for it, execute of itself an enterprise so great, so difficult, as a system of legislation ? Of themselves, the people always desire what is good, but do not always discern it. The general will is always right, but the judgment which guides it is not always enlightened. It must be made to see objects as they are, sometimes as they ought to ap- pear; it must be shown the good path that it is seeking, and guarded from the seduction of private interests; it must be made to observe closely times and places, and to balance the attraction of immediate and palpable ad- vantages against the danger of remote and concealed evils. Individuals see the good which they reject; the public desire the g'ood which they do not see. All alike have need of guides. The former must be compelled to conform their wills to their reason; (the people must be taught to know what they require..^/Then from the pub. lie enlightenment results the union of the understanding and the will in the social body; and from that the close 'j co-operation of the parts, and, lastly, the maximum power of the whole. Hence arises the need of a legislator. » I do not mean by this word an aristocracy or democracy only, but in general any government directed by the general will, which is the law. Ta be legitimate, the^ovemment mu^tjiot be combined with the sovereign pSwefTTjutmusfbe its -fflinfeter; then monarchy itself is a re- public. This will be made clear in the next book. CHAPTER VII. The Legislator. In order to discover the rules of association that are most suitable to nations, a superior intelligence would be necessary who could see all the passions of men with- out experiencing any of them ; who would have no affinity with our nature and yet know it thoroughly; whose hap- piness would not depend on us, and who would never- theless be quite willing to interest himself in ours; and, lastly, one who, storing up for himself with the progress of time a far-ofiE glory in the future, could labor in one age and enjoy in another. Gods would be necessary to give laws to men. The same argument that Caligula adduced as to fact, Plato put forward with regard to right, in order to give an idea of the civil or royal man whom he is in quest of in his work, the "Statesman." But if it is true that a great prince is a rare man, what will a great legislator be? The first has only to follow the model which the other has to frame. The latter is the mechanician who invents the machine, the former is only the workman who puts it in readiness and works it. *In the birth of societies," says Montesquieu, "it is the chiefs of the republics who frame the institutions, and afterward it is the institu- tions which mold the chiefs of the republics." He who dares undertake to give institutions to a nation ought to feel himself capable, as it were, of changing human nature; of transforming every individual, who in himself is a complete and independent whole, into part of a greater whole, from which he receives in some man- ner his life and his being; of altering man's constitution in order to strengthen it; of substituting a social and moral existence for the independent and physical exist- ence which we have all received from nature. In a word, it is necessary to deprive man of his native pow- ers in order to endow him with some which are alien to him, and of which he cannot make use without the aid (34) THE LEGISLATOR 35 of other people. The more thoroughly those natural powers are deadened and destroyed, the greater and more durable are the acquired powers, the more solid and per- feet also are the institutions ; so that if every citizen is nothing, and can be nothing, except in combination with all the rest, and if the force acquired by the whole be equal or superior to the sum of the natural forces of all the indivi3uars,'"we may say that legislation is at the highest point of perfection which it can attain. The legislator is in all respects an extraordinary man in the State. If he ought to be so by his genius, he is not less so by his office. It is not magistracy nor sover- eignty. This ofl&ce, which constitutes the republic, does not enter into its constitution ; it is a special and superior office, having nothing in common with human govern- ment ; for if he who rules men ought not to control leg- islation, he who controls legislation ought not to rule men; otherwise his laws, being ministers of his passions, would often serve only to perpetrate his acts of injustice ; he would never be able to prevent private interests from corrupting the sacredness of his work. When Lycurgus gave laws to his country, he began by abdicating his royalty. It was the practice of the majority of the Greek towns to intrust to foreigners the framing of their laws. The modem republics of Italy often imitated this usage; that of Geneva did the same and found it advantageous. Rome, at her most glorious epoch, saw all the crimes of tyranny spring up in her bosom, and saw herself on the verge of destruction, though uniting in the same hands legislative authority and sovereign power. Yet the Decemvirs themselves never arrogated the right to pass any law on their sole authority. Nothing that we propose to y^ou, they said to the people, can pass into law without your consent. Romans, be yourselves the authors of the laws which are to secure your happi- ness. He who frames laws, then, has, or ought to have, no legislative right, and the people themselves cannot, even if they wished, divest themselves of this incommunicable right, because, according to the fundamental compact, it 36 THE SOCIAL CONTRACT is only the general will that binds individuals, and we can never be sure that a particular will is comformable to the general will until it has been submitted to the free votes of the people. I have said this already^ but it is not useless to repeat it. Thus we find simultaneously in the work of legislation two things that seem incompatible — an enterprise sur- passing human powers, and, to execute it, an authority that is a mere nothing. Another difficulty deserves attention. Wise men who want to speak to the vulgar in their own language in- stead of in a popular way will not be understood. Now, there are a thousand kinds of ideas which it is impossible to translate into the language of the people. Views very general and objects very remote are alike beyond its reach ; and each individual, approving of no other plan of gov- ernment than that which promotes his own interests, does not readily perceive the benefits that he is to derive from the continual deprivations which good laws impose. In order that a newly formed nation might approve sound maxims of politics and observe the fundamental rules of state policy, it would be necessary that the eflEect should become the cause; that the social spirit, which should be the work of the institution, should preside over the insti- tution itself, and that men should be, prior to the laws, what they ought to become by means of them. Since, then, the legislator cannot employ either force or reason- ing, he must needs have recourse to an authority of a different order, which can compel without violence and persuade without convincing. It is this which in all ages has constrained the founders of nations to resort to the intervention of heaven, and to give the gods the credit for their own wisdom, in order that the nations, subjected to the laws of the State as to those of nature, and recognizing the same power in the formation of man and in that of the State, might obey willingly, and bear submissively the yoke of the public welfare. The legislator puts into the mouths of the immortals 'that sublime reason which soars beyond the reach of common men, in order that he may win over by divine THE PEOPLE 37 authority those whom htrnian prudence could not move. But it does not belong to every man to make the gods his oracles, nor to be believed when he proclaims him- self their interpreter. The great soul of the legislator is the real miracle which must give proof of his mission. Any man can engrave tables of stone, or bribe an ora- cle, or pretend secret intercourse with some divinity, or train a bird to speak injiis ear, or find some other clumsy means to impose on the people. He who is acquainted with such means only will perchance be able to assemble a crowd of foolish persons; but he will never found an empire, and his extravagant work will speedily perish with him. Empty deceptions form but a transient bond ; it is only wisdom that makes it lasting. The Jewish law, which still endures, and that of the child of Ishmael, which for ten centuries has ruled half the world, still bear witness to-day to the great men who dictated them ; and while proud philosophy or blind party spirit sees in them nothing but fortunate impostors, the true states- man admires in their systems the great and powerful genius which directs durable institutions. It is not necessary from all this to infer with Warbur- ton that politics and religion have among us a common aim, but only that, in the origin of nations, one serves as an instrument of the other. CHAPTER VIII. The People. As AN architect, before erecting a large edifice, exam- ines and tests the soil in order to see whether it can support the weight, so a wise lawgiver does not begin by drawing up laws that are good in themselves, but considers first whether the people for whom he designs them are fit to endure them. It is on this account that Plato refused to legislate for the Arcadians and Cyrenians, knowing that these two peoples were rich and could not tolerate equality; and it is on this account that good laws 38 THE SOCIAL CONTRACT and worthless men were to be found in Crete, for Minos had only disciplined a people steeped in vice. A thousand nations that have flourished on the earth could never have borne good laws; and even tMbse that might have done so could have succeeded for only a very short period of their whole duration. The majority of nations, as well as of men, are tractable only in their youth; they become incorrigible as they grow old. When once customs are established and prejudices have taken root, it is a perilous and futile enterprise to try and re- form them; for the people cannot even endure that their evils should be touched with a view to their removal, like those stupid and cowardly patients that shudder at the sight of a physician. But just as some diseases unhinge men's minds and deprive them of all remembrance of the past, so we sometimes find, during the existence of States, epochs of violence, in which revolutions produce an influence upon nations such as certain crises produce upon individuals, in which horror of the past supplies the place of forget- fulness, and in which the State, inflamed by civil wars, springs forth so to speak from its ashes, and regains the vigor of youth in issuing from the arms of death. Such was Sparta in the time of Lycurgus, such was Rome after the Tarquins, and such among us moderns were Holland and Switzerland after the expulsion of their t3n:ants. But these events are rare; they are exceptions, the ex- planation of which is always found in the particular consti- tution of the excepted State. They could not even hap- pen twice with the same nation ; for it may render itself free so long as it is merely barbarous, but can no longer do so when the resources of the State are exhausted. Then commotions may destroy it without revolutions being able to restore it, and as soon as its chains are broken, it falls in pieces and ceases to exist; hencefor- ward it requires a mstster and not a deliverer. Free nations, remember this maxim: « Liberty may be ac- quired but never recovered. " Youth is not infancy. There is for nations as for men a period of youth, or, if you will, of maturity, which THE PEOPLE 39 they must await before they are subjected to laws; but it is not always easy to discern when a people is mature, and if the time is anticipated, the labor is abortive. One nation is governable from its origin, another is not so at the end of ten centuries. The Russians will never be really civilized, because they have been civilized too early. Peter had an imitative genius ; he had not the true genius that creates and produces anything from nothing. Some of his measures were beneficial, but the majority were ill-timed. He saw that his people were barbarous, but he did not see that they were unripe for civilization; he wished to civilize them, when it was necessary only to discipline them. He wished to produce at once Germans or Englishmen when he should have begun by making Russians; he prevented his subjects from ever becoming what they might have been, by persuading them that they were what they were not. It is in this way that a French tutor trains his pupil to shine for a moment in childhood, and then to be forever a nonentity. The Russian Empire will desire to subjugate Europe, and will itself be subjugated. The Tartars, its subjects or neighbors, will become its masters and ours. This rev- olution appears to me inevitable. All the kings of Europe are working in concert to accelerate it. CHAPTER IX. The People (Continued). As NATURE has set limits to the stature of a properly formed man, outside which it produces only giants and dwarfs; so likewise, with regard to the best constitution of a State, there are limits to its possible extent so that it may be neither too great to enable it to be well gov- erned, nor too small to enable it to maintain itself single- handed. There is in every body politic a maximum of force which it cannot exceed, and which is often dimin- ished as the State is aggrandized. The more the social bond is extended, the more it is weakened; and, in gen- 40 THE SOCIAL CONTRACT eral, a small State is proportionally stronger than a large one. A thousand reasons demonstrate the truth of this maxim. In the first place, administration b^omes more difficult at great distances, as a weight becomes heavier at the end of a longer lever. It also becomes more bur- densome in proportion as its parts are multiplied; for every town has first its own administration, for which the people pay; every district has its administration, still paid for by the people ; next, every province, then the superior governments, the satrapies, the vice-royalties, which must be paid for more dearly as we ascend, and always at the cost of the unfortunate people ; lastly comes the supreme administration, which overwhelms everything. So many additional burdens perpetually exhaust the subjects; and far from being better governed by all these different or- ders, they are much worse governed than if they had but a single superior. Meanwhile, hardly any resources remain for cases of emergency; and when it is necessary to have recourse to them the State trembles on the brink of ruin. Nor is this all ; not only has the government less vigor and activity in enforcing observance of the laws, in put- ting a stop to vexations, in reforming abuses, and in forestalling seditious enterprises which may be entered upon in distant places, but the people have less affection for their chiefs whom they never see, for their country, which is in their eyes like the world, and for their fellow- citizens, most of whom are strangers to them. The same laws cannot be suitable to so many different provinces, which have different customs and different climates, and cannot tolerate the same form of government. Different laws beget only trouble and confusion among the nations which, living under the same chiefs and in constant com- munication, mingle or intermarry with one another, and, when subjected to other usages, never know whether their patrimony is really theirs. Talents are hidden, vir- tues ignored, vices unpunished, in that multitude of men, unknown to one another, whom the seat of the supreme administration gathers together in one place. The chiefs, overwhelmed with business, see nothing themselves ; clerks THE PEOPLE 4T rule the State. In a word, the measures that must be taken to maintain the general authority, which so many oflScers at a distance wish to evade or impose upon, ab- sorb all the public attention; no regard for the welfare of -the people remains, and scarcely any for their de- fense in time of need; and thus a body too huge for its constitution sinks and perishes, crushed by its own weight. On the other hand, the State must secure a certain foundation, that it may possess stability and resist the shocks which it will infallibly experience, as well as sus- tain the efforts which it will be forced to make in order to maintain itself; for all nations have a kind of centrif- ugal force, by which they continually act one against another, and tend to aggrandize themselves at the ex- pense of their neighbors, like the vortices of Descartes. Thus the weak are in danger of being quickly swallowed up, and none can preserve itself long except by putting itself in a kind of equilibrium with all, which renders the compression almost equal everywhere. Hence we see that there are reasons for expansion and reasons for contraction; and it is not the least of a statesman's talents to find the proportion between the two which is most advantageous for the preservation of the State. We may say, in general, that the former, being only external and relative, ought to be subordi- nated to the others, which are internal and absolute. A healthy and strong constitution is the first thing to be sought; and we should rely more on the vigor that springs from a good government than on the resources furnished by an extensive territory. States have, however, been constituted in such a way that the necessity of making conquests entered into their very constitution, and in order to maintain themselves they were forced to enlarge themselves continually. Per- haps they rejoiced greatly at this happy necessity, which nevertheless revealed to them, with the limit of their greatness, the inevitable moment of their fall. CHAPTER X. The People (Continued.) A BODY politic may be measured in two ways, viz, by the extent of its territory, and by the number of its people ; and there is between these two modes of measure- ment a suitable relation according to which the State may be assigned its true dimensions. It is the men that con- stitute the State, and it is the soil that sustains the men; the due relation, then, is that the land should suffice for the maintenance of its inhabitants, and that there should be as many inhabitants as the land can sustain. In this proportion is found the maximum power of a given num- ber of people; for if there is too much land, the care of it is burdensome, the cultivation inadequate, and the produce superfluous, and this is the proximate cause of defensive wars. If there is not enough land, the State is at the mercy of its neighbors for the additional quantity; and this is the proximate cause of offensive wars. Any nation which has, by its position, only the alternative between commerce and war is weak in itself; it is depend- ent on its neighbors and on events; it has only a short and precarious existence. It conquers and changes its situation, or it is conquered and reduced to nothing. It can preserve its freedom only by virtue of being small or great. It is impossible to express numerically a fixed ratio between the extent of land and the number of men which are reciprocally sufficient, on account of the differences that are found in the quality of the soil, in its degrees of fertility, in the nature of its products, and in the in- fluence of climate, as well as on account of those which we observe in the constitutions of the inhabitants, of whom some consume little in a fertile country, while others consume much on an unfruitful soil. Further, attention must be paid to the greater or less fecundity of the women, to the conditions of the country, whether more or less favorable to the population, and to the num- C42) THE PEOPLE 43 bers which the legislator may hope to draw thither by his institutions; so that an opinion should be based not on what is seen, but on what is foreseen, while the actual state of the people should be less observed than that which it ought naturally to attain. In short, there are a thou- sand occasions on which the particular accidents of situa- tion require or permit that more territory than appears necessary should be taken up. Thus men will spread out a good deal in a mountainous country, where the natural productions, viz, woods and pastures, require less labor, where experience teaches that women are more fecund than in the plains, and where with an extensive inclined surface there is only a small horizontal base, which alone should count for vegetation. On the other hand, people may inhabit a smaller space on the sea-shore, even among rocks and sands that are almost barren, because fishing can, in great measure, supply the deficiency in the pro- ductions of the earth, because men ought to be more concentrated in order to repel pirates, and because, further, it is easier to relieve the country, by means of colonies, of the inhabitants with which it is over- burdened. In order to establish a nation, it is necessary to add to these conditions one which cannot supply the place of any other, but without which they are all useless — it is that the people should enjoy abundance and peace; for the time of a State's formation is, like that of forming soldiers in a square, the time when the body is least capable of resistance and most easy to destroy. Resist- ance would be greater in a state of absolute disorder than at a moment of fermentation, when each is occupied with his own position and not with the common danger. Should a war, a famine, or a sedition supervene at this critical period, the State is inevitably overthrown. Many governments, indeed, may be established during such storms, but then it is these very governments that destroy the State. Usurpers always bring about or select troublous times for passing, under cover of the public agitation, destructive laws which the people would never adopt when sober-minded. The choice of the moment for the establishment of a government is one of the 44 THE SOCIAL CONTRACT surest marks for distinguishing the work of the legislator from that of the tyrant. What nation, then, is adapted for legislation ? That which is already united by some bond of interest, origin, oi convention, but has not yet borne the real yoke of the laws; that which has neither customs nor supersti- tions firmly rooted; that which has no fear of being overwhelmed by a sudden invasion, but which, without entering into the disputes of its neighbors, can single- handed resist either of them, or aid one in repelling the other; that in which every member can be known by all, and in which there is no necessity to lay on a man a greater burden than a man can bear; that which can subsist without other nations, and without which every other nation can subsist;* that which is neither rich nor poor and is self-sufficing; lastly, that which com- bines the stability of an old nation with the docility of a new one. The work of legislation is rendered arduous not so much by what must be established as by what must be destroyed; and that which makes success so rare is the impossibility of finding the simplicity of nature conjoined with the necessities of society. All these conditions, it is true, are with difficulty combined; hence few well-constituted States are seen. There is still one country in Europe capable of legis- lation; it is the island of Corsica. The courage and firmness which that brave nation has exhibited in recov- ering and defending its freedom would well deserve that some wise man should teach it how to preserve it. I have some presentiment that this small island will one day astonish Europe. *If of two neighbcniug nations one could not subsist withoui the other, it would be a very hard situation for the first and a very dangerous one for the second. Every wise nation in such a case will endeavor very quickly to free the other from this depend- ence. The republic of Thlascala, inclosed in the empire of Mexico, preferred to do without salt rather than buy it of the Mexicans or even accept it gratuitously. The wise Thlascalans saw a trap hid- den beneath this generosity. They kept themselves free; and this small State, inclosed in that great empire, was at last the instm- ment of its downfall. CHAPTER XI. The Different Systems of Legislation. If we ask precisely wherein consists the greatest good of all, which ought to be the aim of every system of legislation, we shall find that it is summed up in two principal objects, liberty and equality, liberty, because any individual dependence is so much force withdrawn from the body" of the State; equality, because liberty cannot subsist without it. I have already said what civil liberty is. With regard to equality,' we must not understand by this word that the degrees of power and wealth should be absolutely the same; but that, as to power, it should fall short of all violence, and never be exercised except by virtue of station and of the laws ; while, as to wealth, no citizen should be rich enough to be able to buy anSther, and none poor enough to be forced to sell himself,* which supposes, on the part of the great, moderation in property and influence, and, on the part of _ ordinary citizens,! re- pression of avarice and covetousness. t ~ It is said that this equality is a chimera of specula- tion which cannot exist in practical affairs. But if the abuse is inevitable, does it follow that it is unneces- sary even to regulate it ? It is precisely because the force of circumstances is ever tending to destroy equal- ity that the force of legislation should always tend to maintain it. But these general objects of every good institution ought to be modified in each country by the relations which arise both from the local situation and from the character of the inhabitants ; and it is with reference to these relations that we must assign to each nation a particular system * If, then, you wish to g^ive stabiUty tothe State, bring the two extremes as near together as possible ; tolerate neither rich people nor beggars. These two conditions, naturally inseparable, are equally fatal to the general welfare; from the one class spring tyrants, from the other, the supporters of tyranny ; it is always between these that the traffic in public liberty is carried on ; the one buys and the other sells. (45) 46 THE SOCIAL CONTRACT of institutions, which shall be the best, not perhaps in itself, but for the State for which it is designed. For instance, if the soil is unfruitful and barren, or the country too confined for its inhabitants, turn your atten- tion to arts and manufactures, and exchange their pro- ducts for the provisions that you require. On the other hand, if you occupy rich plains and fertile slopes, if, in a productive region, you are in need of inhabitants, be- stow all your cares on agriculture, which multiplies men, and drives out the arts, which would only end in depopu-' lating the country by gathering together in a few spots the few inhabitants that the land possesses.* If you occupy extensive and convenient coasts, cover the sea with vessels and foster commerce and navigation; you will have a short and brilliant existence. If the sea on your coasts bathes only rocks that are almost inaccessible, remain fish-eating barbarians; you will lead more peace- ful, perhaps better, and certainly happier lives. In a word, besides the maxims common to all, each nation contains within itself some cause which influences it in a particular way, and renders its legislation suitable for it alone. Thus the Hebrews in ancient times, and the Arabs more recently, had religion as their chief object, the Athenians literature, Carthage and Tyre commerce, Rhodes navigation, Sparta war, Rome valor. The author of the " Spirit of the Laws " has shown in a multitude of instances by what arts the legislator directs his insti- tutions toward each of these objects. What renders the constitution of a State really solid and durable is the observance of expediency in such a way that natural relations and the laws always coincide, the latter only serving, as it were, to secure, support, and rectify the former. But if the legislator, mistaken in his object, takes a principle different from that which springs from the nature of things; if the one tends to servitude, the other to liberty, the one to riches, the other to population, the one to peace, the other to con- * Any branch of foreign commerce, says the Marquis d'Argenson, diffuses merely a deceptive utility through the kingdom generally ; it may enrich a few individuals, even a few towns, but the nation as a whole gains nothing, and the ;people are none the better for it DIVISION OF THE LAWS 47 quests, we shall see the laws imperceptibly weakened and the constitution impaired; and the State will be cease- lessly agitated until it is destroyed or changed, and invincible nature has resumed her sway. CHAPTER XII. Division of the Laws. In order that everything may be duly regfulated and the best possible form given to the commonwealth, there are various relations to be considered. First, the action of the whole body acting on itself, that is, the relation of the whole to the whole, or of the sovereign to the State ; and this relation is composed of that of the inter- mediate terms, as we shall see hereafter. The laws governing this relation bear the name of po- litical laws, and are also called fundamental laws, not without some reason if they are wise ones; for, if in every State there is only one good method of regulating it, the people which has discovered it ought to adhere to it; but if the established order is bad, why should we regard as fundamental laws which prevent it from being good ? Besides, in any case, a nation is always at liberty to change its laws, even the best ; for if it likes to injure itself, who has a right to prevent it' from doing so ? The second relation is that of the members with one another, or with the body as a whole; and this relation should, in respect of the first, be as small, and, in re- spect of the second, as great as possible ; so that every citizen may be perfectly independent of all the rest, and in absolute dependence on the State. And this is always effected by the same misans ; for it is only the power of the State that secures the freedom of its members. It is from this second relation that civil laws arise. We may consider a third kind of relation between the individual man and the law, viz, that of punishable dis- obedience; and this gives rise to the establishment of criminal laws, which at bottom are not so inuch a 48 THE SOCIAL CONTRACT particular species of laws as tlie sanction of all the others. To these three kinds of laws is added a fourth, the most important of all, which is graven neither on marble nor on brass, but in the hearts of the citizens; a law which creates the real constitution of the State, which acquires new strength daily, which, when other laws grow obsolete or pass away, revives them or supplies their place, preserves a people in the spirit of their institutions, and imperceptibly substitutes the force of habit for that of authority. I speak of manners, customs, and above all of opinion — a province unknown to our politicians, but one on which the success of all the rest depends; a province with which the great legislator is occupied in pri- vate, while he appears to confine himself to particular regulations, that are merely the arching of the vault, of which manners, slower to develop, form at length the immovable keystone. Of these different classes, political laws, which consti- tute the form of government, alone relate to my subject. BOOK III. Before speaking of the different fonns of government, let us try to fix the precise meaning of that word, which has not yet been very clearly explained. CHAPTER I. Government in General. I WARN the reader that this chapter must be read care- fully, and that I do not know the art of making myself intelligible to those that will not be attentive. Every free action has two caus es m-nrn-nrin^ tg prndnrp; it ; the one moral, viz, the will which determines the act : t he other physical, viz, the power which executes it. When I walk toward an object, I must first will to go to it; in the second place, my feet must carry me to it. Should a paralytic wish to run, or an active man not wish to do so, both will remain where they are. The body politic has the same motive powers; in it, likewise, force and will are distinguished, the latter under the name of legislative power, the former under the name of executive power. Nothing is, or ought to be, done in it without their co-operation. We have seen that the legislative power belongs to the people, and can belong to it alone. On the other hand, it is easy to see from the principles already established, that the executive power cannot belong to the people generally as legislative or sovereign, because that power is exerted only in particular acts, which are not within the province of the law, nor consequently within that of the sovereign, all the acts of which must be laws. The public force, then, requires a suitable agent to con- centrate it and put it in action according to the directions of the general will, to serve as a means of communication 4 (49) so THE SOCIAL CONTRACT between the State and the sovereign, to effect in some manner in the public person what the union of soul and ^ body effects in a man. This is, in the State, the function of the government, improperly confounded witlf the sov- ereign of which it is only the minister.* What, then, is the government ? An intermediate body established between the subjects and the sovereign for their mutual correspondence, charged with the execution of the laws and with the maintenance of liberty both civil and political. The members of this body are called magistrates or KINGS, that is, GOVERNORS ; and the body as a whole bears the name of PRiNCEf. Those therefore who maintain that the act by which a people submits to its chiefs is not a contract are quite right. It is absolutely nothing but a commission, an employment, in which, as simple ofiBcers of the sovereign, they exercise in its name the power of which it has made them depositaries, and which it can limit, modify, and resume when it pleases. The aliena- tion of such a right, being incompatible with the nature of the social body, is contrary to the object of the asso- ciation. Consequently, I give the name government or supreme administration to the legitimate exercise of the executive power, and that of Prince or magistrate to the man or body charged with that administration. It is in the government that are found' the intermediate powers, the relations of which constitute the relation of the whole to the whole;, or of the sovereign to the State. This last relation can be represented by that of the ex- tremes of a continued proportion, of which the mean proportional is the government. The government receives from the sovereign the commands which it gives to the people;^ and in order that the State may be in stable equilibrium, it is necessary, everything being balanced, *By restricting the function of the sovereign to legislation, Rousseau hampers himself in treating of governments. A sharp division between the legislative and the executive is impossible (cf. Austin, « Jurispru- dence, » Parti. Lect. VI.).— Ed. fit is for this reason that at Venice the title of Most Serene Prince fe given to the College, even when the Doge does not attend it. GOVERNMENT IN GENERAL ^ 51 that there should be equality between the product or the power of the government taken by itself, and the product or the power of the citizens, who are sovereign in the one aspect and subjects in the other. Further, we could not alter any of the three terms without at once destroying the proportion. If the sov- ereign wishes to govern, or if the magistrate wishes to legislate, or if the subjects refuse to obey, disorder suc- ceeds order, force and will no longer act in concert, and the State being dissolved falls into despotism or anarchy. Lastly, as there is but one mean proportional between each relation, there is only one good government possi- ble in a State ; but as a thousand events may change the relations of a people, not only may different governments be good for different peoples, but for the same people at different times. To try and give an idea of the different relations that may exist between these two extremes, I will take for an example the number of the people, as a relation most easy to express. ' Let us suppose that the State is composed of ten thousand citizens. The sovereign can only be considered collectively and as a body ; but every private person, in his capacity of subject, is considered as an individual ; there- fore, the sovereign is to the subject as ten thousand is to one, that is, each member of the State has as his share only one ten-thousandth part of the sovereign authority, although he is entirely subjected to it. If the nation consists of a hundred thousand men, the position of the subjects does not change, and each alike is subjected to the whole authority of the laws, while his vote reduced to one hundred-thousandth, has ten times less influence in their enactment. The subject, then, always remaining a unit, the proportional power of the sovereign increases in the ratio of the number of the citizens. Whence it follows that the more the State is enlarged^ the more does liberty diminisn. When I say that the proportional power increases, I mean that it is farther removed from equality. There- fore, the greater the ratio is in the geometrical sense, the less is the ratio in the common acceptation; in the 52 THE SOCIAL CONTRACT former, the ratio, considered according to quantity, is measured by the exponent, and in the other, considered according to identity, it is estimated by the similarity. Now, the less the particular wills correspond with the general will, that is, customs with laws, the more should the repressive power be increased. The government, then, in order to be effective, should be relatively stronger in proportion as the people are more numerous. On the other hand, as the aggrandizement of the State gives the depositaries of the public authority more tempta- tions and more opportunities to abuse their power, the more force should the government have to restrain the people, and the more should the sovereign have in its turn to restrain the government. I do not speak here of absolute force, but of the relative force of the different parts of the State. It follows from this double ratio that the continued pro- portion between the sovereign, the Prince, and the people is not an arbitrary idea, but a necessary consequence of the nature of the body politic. It follows, further, that one of the extremes, viz, the people, as subject, being fixed and represented by unity, whenever the double ratio increases or diminishes, the single ratio increases or dimin- ishes in like manner, and consequently the middle term is changed. This shows that there is no unique and ab- solute constitution of government, but that there may be as many governments different in nature as there are States different in size. If, for the sake of turning this system to ridicule, it should be said that, in order to find this mean propor- tional and form the body of the government, it is, accord- ing to me, only necessary to take the square root of the number of the people, I should answer that I take that number here only as an example; that the ratios of which I speak are not measured only by the number of men, but in general by the quantity of action, which results from the combination of multitudes of causes ; that, more- over, if for the purpose of expressing myself in fewer words, I borrow for a moment geometrical terms, I am nevertheless aware that geometrical precision has no place in moral quantities. GOVERNMENT IK GENERAL 53 The government is on a small scale what the body politic which includes it is on a large scale. It is a moral person endowed with certain faculties, active like the sover- eign, passive like the State, and it can be resolved into other similar relations ; from which arises as a consequence a new proportion, and yet another within this, according to the order of the magistracies, until we come to an indivisible middle term, that is, to a single chief or supreme magis- trate, who may be represented, in the middle of this pro- gression, as unity between the series of fractions and that of the whole numbers. Without embarrassing ourselves with this multiplication of terms, let us be content to consider the government as a new body in the State, distinct from the people and from the sovereign, and intermediate between the two. There is this essential difference between those two bodies, that the State exists by itself, while the govern^ ment exists onIyn;hTough the sovereign. Thus the dom- inant will of the Prince is, or ought to be, only the general will, or the law; its force is only the public force concentrated in itself; so soon as it wishes to per- form of itself some absolute and independent act, the connection of the whole begins to be relaxed. If, lastly, the Prince should chance to have a particular will more active than that of the sovereign, and if, to enforce obedience to this particular will, it should employ the public force which is in its hands, in such a manner that there would be, so to speak, two sovereigns, the one de jure and the other de facto, the social union would im- mediately disappear, and the body politic would be dissolved. Further, in order that the body _^«rf the government may have an existence, a leal life to distinguish it from the body of the State ; in order that all its members may be able to act in concert and fulfill the object for which it is instituted, a particular personality is necessary to it, a feeling common to its members, a force, a will of its own tending to its preservation. This individual existence supposes assemblies, councils, a power of deliberating and resolving, rights, titles, and privileges which belong to the Prince exclusively, and which render the position 54 THE SOCIAL CONTRACT of the magistrate more honorable in proportion as it is . more arduous. The difficulty lies in the method of dis- posing, within the whole, this subordinate whole, in such a way that it may not weaken the general cgpstitution in strengthening its own; that its particular force, in- tended for its own preservation, may always be kept distinct from the public force, designed for the pres- ervation of the State ; and, in a word, that it may always be ready to sacriiice the government to the people, and not the people to the government. Moreover, although the artificial body of the govern- ment is the work of another artificial body, and has in some respects only a derivative and subordinate exist- ence, that does not prevent it from acting with more or less vigor or celerity, from enjoying, so to speak, more or less robust health. Lastly, without directly departing from the object for which it was instituted, it may deviate from it more or less, according to the manner in which it is constituted. ] From all these differences arise the different relations which the government must have with the body of the State, so as to accord with the accidental and particular relations by which the State itself is modified. For often the government that is best in itself will become the most vicious, unless its relations are changed so as to meet the defects of the body politic to which it belongs. CHAPTER II. The Principle Which Constitutes the Different Forms OF Government. To explain the general cause of these differences, I must here distinguish the Prince from the government, as I before distinguished the State from the sovereign. The body of the magistracy may be composed of a greater or less number of members. We said that the ratio of the sovereign to the subjects was so much greatei DIFFERENT FORMS OF GOVERNMENT 55 as the people were more numerous; and, by an evident analogy, we can say the same of the government with regard to the magistrates. |_Now, the total force of the government, being always that of the State, does not vary; whence it follows that the more it employs this force on its own members, the less remains for operating upon the whole people. Consequently, the more numerous the magistrates are, the weaker is the government. As this maxim is funda- mental, let us endeavor to explain it more clearly. We can distinguish in the person of the magistrate three wills essentially different: first, the will peculiar to the individual, which tends only to his personal advantage ; secondly, the common will of the magistrates, which has reference solely to the advantage of the Prince, and which may be called the corporate will, being general in relation to the government, and particular in relation to the State of which the government forms part; in the third place, the will of the people, or the sovereign will, which is general both in relation to the State considered as the whole, and in relation to the government consid- ered as part of the whole. In a perfect system of legislation the particular or in- dividual will should be inoperative; the corporate will proper to the goverment quite subordinate; and conse- quently the general or sovereign will always dominant, and the sole rule of all the rest. On the other ha;nd, according to the natural order, *hese different wills become more active in proportion as they are concentrated. Thus the general will is always the weakest, the corporate will has the second rank, and the particular will the first of all ; so that in the govern- ment each member is, firstly, himself, next a magistrate, and then a citizen — a gradation directly opposed to that which the social order requires. But suppose that the whole government is in the hands of a single man, then the particular will and the corpo- rate will are perfectly united, and consequently the latter is in the highest possible degree of intensity. Now, as it is on the degree of will that the exertion of force de- pends, and as the absolute power of the government S6 THE SOCIAL CONTRACT does not vary, it follows that the most active govern- ment is that of a single person. On the other hand, let us unite the government with the legislative authority; let us make the sov«reign the Prince, and all the citizens magistrates; then the corpo- rate will, confounded with the general will, will have no more activity than the latter, and will leave the particu- lar will in all its force. Thus the government, always with the same absolute force, will be at its minimum of relative force or activity. These relations are incontestable, and other consider- ations serve still further to confirm them. We see, for example, that each magistrate is more active in his body than each citizen is in his, and that consequently the particular will has much more influence in the acts of government than in those of the sovereign; for every magistrate is almost always charged with some function of government, whereas each citizen, taken by himself, has no function of sovereignty. Besides, the more a State extends, the more is its real force increased, although it does not increase in proportion to its extent; but, while the State remains the same, it is useless to multiply magistrates, for the government acquires no greater real force, inasmuch as this force is that of the State, the quantity of which is always uniform. Thus the relative force or activity of the government dimin- ishes without its absolute or real force being able to in- crease. It is certain, moreover, that the dispatch of business is retarded in proportion as more people are charged with it ; that, in laying too much stress on prudence, we leave too little to fortune ; that opportunities are allowed to pass by, and that owing to excessive deliberation the fruits of deliberation are often lost. I have just shown that [the government is weakened in proportion to the multiplication of magistrates,- and I have before demonstrated that the more numerous the people are, the more ought the repressive force to be increased. Whence it follows that the ratio between the magistrates and the government ought to be inversely as the ratio between the subjects and the sovereign; that is, the more % CLASSIFICATION OF GOVERNMENTS S7 the State is enlarged, the more should the government contract ; so that the number of chiefs should diminish in proportion as the number of the people is increased^ But I speak here only of the relative force of the gov- ernment, and not of its rectitude ; for, on the other hand, the more numerous the magistracy is, the more does the corporate will approach the general will; whereas, under a single magistrate, this same corporate will is, as I have said, only a particular will. Thus, what is lost on one side can be gained on the other, and the art of the legis^ lator consists of knowing how to fix the point where the force^nd will of the government, always in reciprocal proportion, are combined in the ratio most advantageous to the State. CHAPTER III. Classification of Governments. We have seen in the previous chapter why the differ- ent kinds or forms of government are distinguished by the number of members that compose them; it remains to be seen in the present chapter how this division is made. The sovereign may, in the first place, commit the charge of the government to the whole people, or to the greater part of the people, in such a way that there may be more citizens who are magistrates than simple indi- vidual citizens. We call this form of government de- mocracy. l^T'iTlnay confine the government to a small number, so that there may be more ordinary citizens than magis- i tjrates; and this form bears the name of aristocracy. / Lastly, it may concentrate the whole government m the hands of a single magistrate from whom all the rest derive their power. This third form is the most com- mon, and is called monarchy, or royal government. We should remark that all these forms, or at least the first two, admit of degrees, and may indeed have a con- siderable range; for democracy may embrace the whole people, or be limited tp a half. Aristocracy, in its turn, may 58 THE SOCIAL CONTRACT restrict itself from a half of the people to the smallest number indeterminately. Royalty even is susceptible of some division. Sparta by its constitution alwav^ had two kings ; and in the Roman Empire there were as many as eight Emperors at once without its being possible to say that the Empire was divided. Thus there is a point at which each form of government blends with the next; and we see that, under three denominations only, the government is really susceptible of as many different forms as the State has citizens. What is more, this same government being in certain respects capable of subdivision into other parts, one ad- ministered in one way, another in another, there may result from combinations of these three forms a multi- tude of mixed forms, each of which can be multiplied by all the simple forms. In all ages there has been much discussion about the best form of government, without consideration of the fact that each of them is the best in certain cases, and the worst in others. If, in the different States, the number of the supreme magistrates should be in inverse ratio to that of the cit- izens, it follows that, in general, democratic government is suitable to small States, aristocracy to those of mod- erate size, and monarchy to large ones. This rule fol- lows immediately from the principle. But how is it possible to estimate the multitude of circumstances which may furnish exceptions ? CHAPTER IV. Democracy.* He that makes the law knows better than any one how it should be executed and interpreted. It would seem, then, that there could be no better constitution than one in which the executive power is united with the legisla- tive; but it is that very circumstance which makes a * Plato treated democracy as a debased form of commonwealth, characterized by an excessive freedom tending to degenerate into license ("Republic" VIII.).— Ed. DEMOCRACY 59 democratic government inadequate in certain respects, because things which ought to be distinguished are not, and because the Prince and the sovereign, being the same person, only form as it were a government without gov- ernment. It is not expedient that he who makes the laws should execute them, nor that the body of the people should divert its attention from general considerations in order to bestow it on particular objects. Nothing is more danger- ous than the influence of private interests on public affairs ; and the abuse of the laws by the government is a less evil than the /corruption .of the legislator, i which is the infallible result of the ^pursuit of private interests. For when the State is changed in its substance all reform becomes impossible. A people which would never abuse the government would likewise never abuse its independ- ence ; a people which always governed well would not need to be governed. Taking the term in its strict sense, there never has existed, and never will exist, any true democracy. It is contrary to the natural order that the majority should govern and that the minority should be governed. It is impossible to imagine that the people should remain in perpetual assembly to attend to public affairs, and it is easily apparent that commissions could not be established for that purpose without the form of administration being changed. In fact, I think I can lay down as a principle that Avhen the functions of government are shared among s&veral magistracies, the least numerous acquire, sooner or later, the greatest authority, if only on account of the facility in transacting busine^Vhich naturally leads them on to that. .— -— -^ Moreover, how many things difficult to combine does not this government presuppose ! First, a very small State, in which the people may be readily assembled, and in which every citizen can easily know all the rest ; secondly, f great simplicity of manners, which prevents a multiplicity ^of affairs and thorny discussions;] next, considerable equality in rank and fortune, without which equality Jn 'rights and authority could not long subsist ; lastly, little 6o THE SOCIAL CONTRACT or no luxury, for luxury is either the effect of wealth or renders it necessary; it corrupts both the rich and the poor, the former by possession, the latter by covetous- ness; it betrays the country to effeminacy ane^vanity; it deprives the State of all its citizens in order to subject them one to another, and all to opinion. That is why a famous author has assigned virtue as the principle of a republic, for all these conditions could not subsist without virtue; but through not making the necessary distinctions, this brilliant genius has often lacked precision and sometimes clearness, and has not seen that the sovereign authority being everywhere the same, the same principle ought to have a place in every well-constituted State, in a greater or less degree, it is true, according to the form of government. ^ Let us add that there is no government so subject to civil wars and internal agitation as the democratic or popular, because there is none which tends so strongly and so constantly to change its form, none which de- \ mands more vigilance and courage to be maintained in i its own form. It is especially in this constitution that the citizen should arm himself with strength and stead- fastness, and say every day of his life from the bottom of his heart what a virtuous Palatine said in the Diet of Poland: Malo periculosam libertatem quam quietum serv- itium. If there were a nation of gods, it would be governed democratically. So perfect a government is unsuited to men. CHAPTER V. Aristocracy. We have here two moral persons quite distinct, viz, the government and the sovereign ; and consequently two general wills, the one having reference to all the citizens, the other only to the members of the adininistration. rThus, although the government can regulate its internal policy as it pleases, it can never speak to the people except \y ARISTOCRACY -6i in the name of the sovereign, that is, in the nanae of the ; people themselves. This must never he forgotten. The earliest societies were aristocratically governed. The heads of families deliberated among themselves about public affairs. The young men yielded readily to the authority of experience. Hence the names priests, ELDERS, SENATE, GERONTES. The savages of North America are still governed in this way at the present time, and are very well governed. But in proportion as the inequality due to institutions prevailed over natural inequality, wealth or power* was preferred to age, and aristocracy became elective. Finally, the power transmitted with the father's property to the children, rendering the families patrician, made the government hereditary and there were senators only twenty years old. There are, then, three kinds of aristocracy — natural, elective, and hereditary. The first is only suitable for' simple" nations; the third is the worst of all govern- ments. The second is the best ; it is aristocracy properly so-called. Besides the advantage of the distinction between the two powers, aristocracy has that of the choice of its members; for in a popular government all the citizens are bom magistrates; but this one limits them to a small number, and they become magistrates by election only;t a method by which probity, intelligence, ex- perience, and all other grounds of preference and public esteem are so many fresh guarantees that men will be wisely governed. Further, assemblies are more easily convoked; affairs are better discussed and are dispatched with greater or- der and diligence; while the credit of the State is better • It is clear that the word optimates among the ancients did not mean the best, but the most powerful. t It is very important to regulate by law the form of election of magistrates; for, in leaving it to the will of the Prince, it is impos- sible to avoid falling into hereditary aristocracy, as happened in the republics of Venice and Berne. In consequence, the first has long been a decaying State, but the second is maintained by the ex- treme wisdom of its Senate ; it is a very honorable and a very dangerous exception. 62 THE SOCIAL CONTRACT maintained abroad by venerable senators than by an unknown or despised multitude. In a word, it is the best and most natuml order of things that the wisest should govern the multitude, '' when we are sure that they will govern it for its ad- vantage and not for their own. We should not uselessly multiply means, nor do with' twenty thousand men what a hundred chosen men can do still better. But we must observe that the corporate interest begins here to direct the public force in a less degree according to the rule of the general will, and that another inevitable pro- pensity deprives the laws of a part of the executive power. With regard to special expediences, a State must not be so small, nor a people so simple and upright, that the execution of the laws should follow immediately upon the public will as in a good democracy. Nor again must a nation be so large that the chief men, who are dis- persed in order to govern it, can set up as sovereigns, each in his own province, and begin by making them- selves independent so as at last to become masters. But if aristocracy requires a few virtues less than pop- ular government, it requires also others that are pecul- iarly its own, such as moderation among the rich and contentment among the poor; for a rigorous equality would seem to be out of place in it, and was not even observed in Sparta. Besides, if this form of government comports with a certain inequality of fortune, it is expedient in general that the administration of public affairs should be in- trusted to those that are best able to devote their whole time to it, but not, as Aristotle maintains, that the rich should always be preferred. On the contraryj/jt is im- portant that an opposite choice should sometimes teach the people that there are, in men's personal merits, rea- sons for preference more important than wealth."^ CHAPTER VI. Monarchy. We have hitherto considered the Prince as a moral and collective person united by the force of the laws, and as the depositary of the executive power in the State. We have now to consider this power concentrated in the hands of a natural person, of a real man, who alone has a right to dispose of it according to the laws. He is what is called a monarch or a king. Quite the reverse of the other forms of administration, in which a collective being represents an individual, in this one an individual represents a collective being; so that the moral unity that constitutes it is at the same time a physical unity, in which all the powers that the law combines in the other with so much effort are Combined naturally. Thus the will of the people, the will of the Prince, the public force of the State, and the particular force of the government, all obey the same motive power; all the springs of the machine are in the same hand, every- thing works for the same end; there are no opposite movements that counteract one another, and no kind of constitution can be imagined in which a more considera- ble action is produced with less effort. Archimedes, quietly seated on the shore, and launching without diffi- culty a large vessel, represents to me a skillful monarch, governing from his cabinet his vast States, and, while he appears motionless, setting everything in motion. But if there is no government which has more vigorP"\ there is none in which the particular will has more sway \ and more easily governs others. Everything works for , the same end, it is true; but this end is not the public ) welfare, and the very power of the administration turns j continually to the prejudice of the State. - Kings wish to be absolute, and from afar men cry to them that the best way to become so is to make them- selves beloved by their people. This maxim is very fine, (63i 64 THE SOCIAL CONTRACT and also very true in certain respects ; unfortunately it will always be ridiculed in courts. Power which springs from the afiEections of the people is doubtless the greatest, but it is precarious and conditional; princes will never be satisfied with it. The best kings wish to have the power of being wicked if they please, without ceasing to be masters. A political preacher will tell them in vain that, the strength of the people being their own, it is their greatest interest that the people should be flourishing, numerous, and formidable ; they know very well that that is not true. Their personal interest is, in the first place, that the people should be weak and miserable, and should never be able to resist them. Supposing all the subjects always perfectly submissive, I admit that it would then be the prince's interest that the people should be powerful, in order that this power, being his own, might render him formidable to his neighbors; but as this interest is only secondary and subordinate, and as the two suppositions are incompatible, it is natural that princes should always give preference to the maxim which is most immediately useful to them. It is this that Samuel strongly represented to the Hebrews; it is this that Machiavelli clearly demonstrated. While pre- tending to give lessons to kings, he gave great ones to peoples. The ** Prince '* of Machiavelli is the book of republicans.* We have found, by general considerations, that mon- archy is suited only to large States; and we shall find this again by examining monarchy itself. The more numerous the public administrative body is, the more does the ratio of the Prince to the subjects diminish and approach equality, so that this ratio is unity or * Machiavelli was an honorable man and a good citizen; but, attached to the house of the Medici, he was forced, during the oppres- sion of his country, to conceal his love for liberty. The mere choice of his execrable hero sufficiently manifests his secret intention; and the opposition between the maxims of his book the « Prince" and those of his « Discourses on Titus Livius» and his "History of Flor- ence,* shows that this profound politician has had hitherto only superficial or corrupt readers. The court of Rome has strictly pro- hibited his book; I certainly believe it, for it is that court which he most clearly depicts. MONARCHY 6$ equality, even in a democracy. This same ratio increases in proportion as the government contracts, and is at its maximum when the government is in the hands of a single person. Then the distance between the Prince and the people is too great, and the State lacks cohesion. In order to unify it, then, intermediate orders, princes, grandees, and nobles, are required to fill them. Now, nothing at all of this kind is proper for a small State, which would be ruined by all these orders. But if it is difl&cult for a great State to be well gov- erned, it is much more so for it to be well governed by a single man; and every one knows what happens when the king appoints deputies. One essential and inevitable defect, which will always render a monarchical government inferior to a republican one, is that in the latter the public voice hardly ever raises to the highest posts any but enlightened and ca- pable men, who fill them honorably; whereas those who succeed in monarchies are most frequently only petty mischief-makers, petty knaves, petty intriguers, whose petty talents, which enable them to attain high posts in courts, only serve to show the public their ineptitude as soon as they have attained them. The people are much less mistaken about their choice than the prince is; and a man of real merit is almost as rare in a royal minrs^> try as a fool at the head of a republican government. Therefore, when by some fortunate chance one of these born rulers takes the helm of affairs in a monarchy almost wrecked by such a fine set of ministers, it is quite aston- ishing what resources he finds, and his accession to power forms an epoch in a country. In order that a monarchical State might be well gov- erned, it would be necessary that its greatness or extent should be proportioned to the abilities of him that gov- erns, dt is easier to conquer than to ruleTl With a suf- ficient lever, the world may be moved by" a finger; but to support it the shoulders of Hercules are required. However small a State may be, the prince is almost always too small for it. When, on the contrary, it hap- pens that the State is too small for its chief, which is very rare, it is still badly governed, because the chief, 5 66 THE SOCIAL CONTRACT always pursuing his own great designs, forgets the inter- ests of the people, and renders them no less unhappy by the abuse of his transcendent abilities, than an inferior chief by his lack of talent. It would be necetsary, so to speak, that a kingdom should be enlarged or contracted in every reign, according to the capacity of the prince; whereas, the talents of a senate having more definite lim- its, the State may have permanent boundaries, and the e.dministration prosper equally well. The most obvious inconvenience of the government of a single person is the lack of that uninterrupted succes- sion which forms in the two others a continuous connec- tion. One king being dead, another is necessary ; elections leave dangerous intervals; they are stormy; and unless the citizens are of a disinterestedness, an integrity, which this government hardly admits of, intrigue and corrup- tion intermingle with it. It would be hard for a man to whom the State has been sold not to sell it in his turn, and indemnify himself out of the helpless for the money which the powerful have extorted from him. Sooner or later everything becomes venal under such an adminis- tration, and the peace which is then eiijoyed under a king is worse than the disorder of an interregnum. What has been done to prevent these evils ? Crowns have been made hereditary in certain families; and an order of succession has been established which prevents any dispute on the demise of kings; that is to say, the inconvenience of regencies being substituted for that of elections, an appearance of tranquillity has been preferred to a wise administration, and men have preferred to risk having as their chiefs children, monsters, and imbeciles, rather than have a dispute about the choice of good kings. They have not considered that in thus exposing themselves to the risk of this alternative, they put almost all the chances against themselves. That was a very sensible answer of Dionysius the younger, to whom his father, in reproaching him with a dishonorable action, said: "Have I set you the example in this?" "Ah!» replied the son, "your father was not a king." All things conspire to deprive of justice and reason a man brought up to govern others. Much trouble is taken, MONARCHY 67 so it is said, to teach young princes the art of reigning; this education does not appear to profit them. It would be better to begin by teaching them the art of obeying. The greatest kings that history has celebrated were not trained to rule; that is a science which men are never less masters of than after excessive study of it, and it is better acquired by obeying than by ruling. Nam utilissimus idem ac brevissimus bonarum malarumque rerum delectus, cogitare quid aut nolueris sub alio principe, aut volueris. A result of this want of cohesion is the instability of royal government, which, being regulated sometimes ou one plan, sometimes on another, according to the charac ter of the reigning prince or that of the persons who reign for him, cannot long pursue a fixed aim or a con- sistent course of conduct, a variableness which always makes the State fluctuate between maxim and maxim, project and project, and which does not exist in other governments, where the Prince is always the same. So we see that, in general, if there is more cunning in a court, there is more wisdom in a senate, and that repub- lics pursue their ends by more steadfast and regular methods; whereas every revolution in a royal ministry produces one in the State, the maxim common to all min- isters, and to almost all kings, being to reverse in every respect the acts of their predecessors. Prom this same want of cohesion is obtained the solu- tion of a sophism very familiar to royal politicians; this is not only to compare civil government with domestic government, and the prince with the father of a family, an error already refuted, but, further, to ascribe freely to this magistrate all the virtues which he might have occasion for, and always to suppose that the prince is what he ought to be — on which supposition royal gov- ernment is manifestly preferable to every other, because it is incontestably the strongest, and because it only lacks a corporate will more conformable to the general will to be also the best. But if, according to Plato, a king by nature is so rare a personage, how many times will nature and fortune conspire to crown him ? And if the royal education nec- essarily corrupts those who receive it, what should be 68 THE SOCIAL CONTRACT expected from a succession o£ men trained to rule ? It is, then, voluntary self-deception to confuse royal govern- ment with that of a good king. To see what this gov- ernment is in itself, we must consider it under incapable or wicked princes; for such will come to the throne, or the throne will make them such. These difficulties have not escaped our authors, but they have not been embarrassed by them. The remedy, they say, is to obey without murmuring; God gives bad kings in his wrath, and we must endure them as chas- tisements of heaven. Such talk is doubtless edifying, but I am inclined to think it would be more appropriate in a pulpit than in a book on politics. What should we say of a physician who promises miracles, and whose whole art consists in exhorting the sick man to be patient? We know well that when we have a bad gov- ernment it must be endured; the question is to find a good one. CHAPTER VII. Mixed Governments. Properly speaking, there is no simple government. ~A single chief must have subordinate magistrates; a .popular government must have a head. Thus, in the partition of the executive power, there is always a grada- tion from the greater number to the less, with this dif- ference, that sometimes the^jnajority depends on the minority, and sometimes tHe_minority_-on the majority. Sometimes there is an equal division, either when the constituent parts are in mutual dependence, as in the government of England; or when the authority of each part is independent, but imperfect, as in Poland. This latter form is bad, because there is no unity in the gov- ernment, and the State lacks cohesion. Is a simple or mixed government the better ? A ques- tion much debated among publicists, and one to which the same answer must be made that I have before made about every form of government. RELATIVITY OF FORMS OF GOVERNMENT 69 The simple government is the better in itself, for the reason that it is simple. But when the executive power is not sufficiently dependent on the legislative, that is, when there is a greater proportion between the Prince and the sovereign than between the people and the Prince, this want of proportion must be remedied by dividing the government; for then all its parts have no less au- thority over the subjects, and their division renders them all together less strong against the sovereign. The same inconvenience is also provided against by the establishment of intermediate magistrates, who, leav- ing the government in its entirety, only serve to balance the two powers and maintain their respective rights. Then the government is not mixed, but temperate. The opposite inconvenience can be remedied by similar means, and, when the government is too lax, tribunals may be erected to concentrate it. That is customary in all democracies. In the first case the government is divided in order to weaken it, and in the second in order to strengthen it; for the maximum of strength and also of weakness is found in simple governments, while the mixed forms give a medium strength. CHAPTER VIII. That Every Form of Government is Not Fit for Every Country. Liberty, not being a fruit of all climates, is not within the reach of all peoples. The more we consider this principle established by Montesquieu, the more do we perceive its truth; the more it is contested, the greater opportunity is given to establish it by new proofs. In all the governments of the world, the public person consumes, but produces nothing. Whence, then, comes the substance it consumes ? From the labor of its mem- bers. It is the superfluity of individuals that supplies the necessaries of the public. Hence it follows that the civiFN State can subsist only so long as men's labor produces more than they need. 70 THE SOCIAL CONTRACT Now this excess is not the same in all countries of the world. In several it is considerable, in others moderate, in others nothing, in others a minus quantity. This pro- portion depends on the fertility due to climaie, on the kind of labor which the soil requires, on the nature of its products, on the physical strength of its inhabitants, on the greater or less consumption that is necessary to them, and on several other like proportions of which it is composed. On the other hand, all governments are not of the same nature; there are some more or less wasteful; and the differences are based on this other principle, that the further the public contributions are removed from their source, the more burdensome they are. We must not measure this burden by the amount of the imposts, but by the distance they have to traverse in order to return to the hands from which they have come. When this circulation is prompt and well-established, it matters not whether little or much is paid ; the people are always rich, and the finances are always prosperous. On the other hand, however little the people may contribute, if this little does not revert to them, they are soon exhausted by constantly giving; the State is never rich and the people are always in beggary. It follows from this that the more the distance between the people and the government is increased, the more burdensome do the tributes become; therefore, in a democracy the people are least encumbered, in an aris- tocracy they are more so, and in a monarchy they bear the greatest weight. Monarchy, then, is suited only to wealthy nations; aristocracy, to States moderate both in wealth and size; democracy, to small and poor States. Indeed, the more we reflect on it, the more do we find in this the difference between free and monarchical States. In the first, everything is used for the common advantage; in the others, public and private resources are reciprocal, and the former are increased by the dimi- nution of the latter ; lastly, instead of governing subjects /Tn order to make them happy, despotism renders them miserable in order to govern them. RELATIVITY OF FORMS OF GOVERNMENT 71 There are, then, in every climate natural causes by which we can assign the form of government which is adapted to the nature of the climate, and even say what kind of inhabitants the country should have. Unfruitful and barren places, where the produce does not repay the labor, ought to remain uncultivated and deserted, or should only be peopled by savages; places where men's toil yields only bare necessaries ought to be inhabited by barbarous nations ; in them any polity would be an impossibility. Places where the excess of the produce over the labor is moderate are suitable for free nations; those in which abundant and fertile soil yields much produce for little labor are willing to be governed,, monarchically, in order that the superfluity of the sub-' jects may be consumed by the luxuries of the Prince ; for it is better that this excess should be absorbed by * the government than squandered by private persons. There are exceptions, I know; but these exceptions themselves confirm the rule, in that, sooner or later, they produce revolutions which restore things to their natural order. We should always distinguish general laws from the particular causes which may modify their effects. If the whole south should be covered with republics, and the whole north with despotic States, it would not be less true that, through the influence of climate, despotism is suitable to warm countries, barbarism to cold countries, and a good polity to intermediate regions. I see, how- ever, that while the principle is admitted, its application may be disputed ; it will be said that some cold countries are very fertile, and some southern ones very unfruitful. But this is a difficulty only for those who do not examine the matter in all its relations. It is necessary, as I have already said, to reckon those connected with labor, resources, consumption, etc. Let us suppose that the produce of two districts equal in area is in the ratio of five to ten. If the inhabitants Of the former consume four and those of the latter nine parts, the surplus produce of the first will be one-fifth, and that of the second one-tenth. The ratio between these two surpluses being then inversely as that of the 72 THE SOCIAL CONTRACT produce of each, the district which yields only five will give a surplus double that of the district which pro- duces ten. But it is not a question of double produce, ar^ I do not think that any one dare, in general, place the fertility of cold countries even on an equality with that of warm countries. Let us, however, assume this equality; let us, if you will, put England in the scales with Sicily, and Poland with Egypt; more to the south we shall have Africa and India; more to the north we shall have nothing. For this equality in produce what a difference in the cultivation! In Sicily it is only necessary to scratch the soil; in England what care is needed to till it! But where more exertion is required to yield the same produce, the surplus must necessarily be very small. Consider, besides this, that the same number of men consume much less in warm countries. The climate demands that people should be temperate in order to be healthy; Europeans who want to live as at home all die of dysentery and dyspepsia. "We are," says Chardin, * carnivorous beasts, wolves, in comparison with Asiatics. Some attribute the temperance of the Persians to the fact that their country is scantily cultivated; I believe, on the contrary, that their country is not very abundant in provisions because the inhabitants need very little. If their frugality," he continues, « resulted from the poverty of the country, it would be only the poor who would eat little, whereas it is the people generally; and more or less would be consumed in each province, according to the fertility of the country, whereas the same abstem- iousness is found throughout the kingdom. They pride themselves greatly on their mode of living, sajdng that it is only necessary to look at their complexions, to see how much superior they are to those of Christians. In- deed, the complexions of the Persians are smooth; they have beautiful skins, delicate and clear: while the com- plexions of their subjects, the Armenians, who live in European fashion, are rough and blotched, and their bodies are coarse and heavy." The nearer we approach the Equator, the less do the people live upon. They eat scarcely any meat; rice. RELATIVITY OF FORMS OF GOVERNMENT 73 maize, cuzcuz, millet, cassava, are their ordinary foods. There are in India millions of men whose diet does not cost a half -penny a day. We see even in Europe palpa- ble differences in appetite between northern and south- em nations. A Spaniard will live for eight days on a German's dinner. In countries where men are most voracious luxury is directed to matters of consumption; in England it is displayed in a table loaded with meats; in Italy you are regaled with sugar and iiowers. Again, luxury in dress presents similar differences. In climates where the changes of the seasons are sudden and violent, garments are better and simpler; in those where people dress only for ornament, splendor is more sought after than utility, for clothes themselves are a luxury. At Naples you will see men every day walking to Posilippo with gold-embroidered coats, and no stock- ings. It is the same with regard to buildings ; everything is sacrificed to magnificence when there is nothing to fear from injury by the atmosphere. In Paris and in London people must be warmly and comfortably housed; in Madrid they have superb drawing-rooms, but no windows that shut, while they sleep in mere closets. The foods are much more substantial and nutritious in warm countries; this is a third difiEerence which cannot fail to influence the second. Why do people eat so many vegetables in Italy? Because they are good, nourishing, and of excellent flavor. In France, where they are grown only on water, they are not nourishing and count almost for nothing on the table; they do not, however, occupy less ground, and they cost at least as much labor to cultivate. It is found by experience that the wheats of Barbary, inferior in other respects to those of France, yield much more flour, and that those of France, in their turn, yield more than the wheats of the north. Whence we may infer that a similar gradation is observ- able generally, in the same direction, from the Equator to the Pole. Now is it not a manifest disadvantage to have in an equal quantity of produce a smaller quantity of nutriment ? To all these different considerations I may add one which springs from, and strengthens, them; it is thai 74 THE SOCIAL CONTRACT warm countries have less need of inhabitants than cold countries, but would be able to maintain a greater num- ber; hence a double surplus is produced, always to the advantage of despotism. The greater the suSace occu- pied by the same number of inhabitants, the more difficult do rebellions become, because measures cannot be con- certed promptly and secretly, and because it is always easy for the government to discover the plans and cut off communications. But the more closely packed^ a numerous population is, the less power has a government _ to usurp the sovereignty; the chiefs deliberate as securely in their cabinets as the prince in his council, and the multitude assemble in the squares as quickly as the troops in their quarters. The advantage,, then, of a tyrannical government lies in this, that it acts at great distances. By help of the points of support which it procures, its power increases with the distance, like^ that .of levers.* That of the people, on the other hand, acts only when concentrated ; it evaporates and disappears as it extends, like the effect of powder scattered on the groun'3p which takes fire only grain by grain. The least popu- lous countries are thus the best adapted for tyranny; wild beasts reign only in deserts. CHAPTER IX. The Marks of a Good Government. When, then, it is asked absolutely which is the best government, an insoluble and likewise indeterminate question is propounded; or, if you will, it has as many correct solutions as there are possible combinations in the absolute and relative positions of the nations. * This does not contradict what I said before ( Book II. chapter ix. ) on the inconveniences of large States ; for there it was a question of the authority of the government over its members, and here it is a question of its power against its subjects. Its scattered members serve as points of support to it for operating at a distance upon the people, but it has no point of support for acting on its members themselves. Thus, the length of the lever is the cause of its weakness in the one case, and of its strength in the other. THE MARKS OF A GOOD GOVERNMENT 75 But if it were asked by what sign it can be known whether a given people is well or ill governed, that would be a different matter, and the question of fact might be determined. ^ It is however, not settled, because every one wishes to decide it in his own way. Subjects extol the public tran- quillity, citizens the liberty of individuals; the former prefer security of possessions, the latter, that of persons ; the former are of opinion that the best government is the most severe, the latter maintain that it is the mild- est; the one party wish that crimes should be punished and the other that they should be prevented; the one party think it well to be feared by their neighbors, the other party prefer to be unacquainted with them; the one party are satisfied when money circulates, the other party demand that the people should have bread. Even though there should be agreement on these and other similar points, would further progress be made ? Since moral quantities lack a precise mode of measure- ment, even if people were in accord about the sign, how could they be so about the valuation of it ? For my part, I am always astonished that people fail to recognize a sign so simple, or that they should have the insincerity not to agree about it. What is the object of political association ? It is the preservation and pros- perity of its members. And what is the surest sign i that they are preserved and prosperous ? It is their num- ber and population. Do not, then, go and seek elsewhere for this sign so much discussed. All other things being equal, the government under which, without external aids, without naturalizations, and without colonies, the citizens increase and multiply most, is infallibly the best. That under which a people diminishes and decays is the worst. Statisticians, it is now your business; reckon, measure, compare. * *0n the same principle must be judged the centuries which deserve preference in respect of the prosperity of the human race. Those in which literature and art were seen to flourish have been too much admired without the secret object of their cultivation being penetrated, without their fatal consequences being considered: Idque apud im- fieritos humanitas vocabatur, qttum pars servitutis esset. Shall we never detect in the maxims of books the gross self-interest which CHAPTER X. The Abuse of the Government and Its Tendency to Degenerate. As THE particular will acts incessantly against tlie gen- \ eral will, so the government makes a continual effort \ against the sovereignty. The more this effort is increased, the more is the constitution altered ; and as there is here no other corporate will which, by resisting that of the Prince, may produce equilibrium with it, it must happen sooner or later that the Prince at length oppresses the sovereign and violates the social treaty. Therein is the inherent and inevitable vice, which, from the birth of the body politic, tends without intermission to destroy it, just as old age and death at length destroy the human body. , There are two general ways by which a government degenerates, viz, when it contracts, or when the State is dissolved. makes the authors speak ? No, whatever they may say, when, notwith- standing its brilliancy, a country is being depopulated, it is untrue that all goes well, and it is not enough that a poet should have an income of 100,000 livres for his epoch to be the best of all. The apparent repose and tranquillity of the chief men must be regarded less than the welfare of nations as a whole, and especially that of the most populous States. Hail lays waste a few cantons, but it rarely causes scarcity. Riots and civil wars greatly startle the chief men ; but they do not produce the real misfortunes of nations, which may even be abated, while it is being dis- puted who shall tyrannize over them. It is from their permanent con- dition that their real prosperity or calamities spring; when all is left crushed under the yoke, it is then that everything perishes ; it is then that the chief men, destroying them at their leisure, udz solttudinem faciunt, pacem appellant. When the broils of the g^reat agitated the kingdom of France, and the coadjutor of Paris carried a poniard in his pocket to the Parlement, that did not prevent the French nation from living happily and harmoniously in free and honorable ease. Greece of old flourished in the midst of the most cruel wars ; blood flowed there in streams and the whole country was covered with men. It seemed, said ! Machiavelli, that amid murders, proscriptions and civil wars, our repub- lic became more powerful; the virtues of its citizens, their manners, ! their independence, were more effectual in strengthening it than all [^ jts dissensions had been in weakening it. A little agitation gives energy I to men's minds, and what makes the race truly prosperous is not so ^ much peace as liberty. (76) THE ABUSE OP THE GOVERNMENT ^^ The government contracts when it passes from the ma- jority to the minority, that is, from democracy to aris- tocracy, and from aristocracy to royalty. That is its natural tendency. ' , If it retrograded from the minority to the majority, it might be said to relax; but this inverse progress is impossible.. In reality, the government never changes its form ex- cept when its exhausted energy leaves it too weak to preserve itself; and if it becomes still more relaxed as it extends, its force will be annihilated, and it will no longer subsist. We must therefore concentrate the energy as it dwindles; otherwise the State which it sustains will fall into ruin. The dissolution of the State may occur in two ways. Firstly, when the Prince no longer administers the State in accordance with the laws and effects a usurpation of the sovereign power. Then a remarkable change takes place — the State, and not the government, contracts; I mean that the State dissolves, and that another is formed within it, which is composed only of the members of the government, and which is to the rest of the people noth- ing more than their master and their tjrrant. So that as soon as the government usurps the sovereignty, the social compact is broken, and all the ordinary citizens, right- fully regaining their natural liberty, are forced, but not morally bound, to obey. The same thing occurs also when the members of the government usurp separately the power which they ought to exercise only collectively ; which is no less a violation ^of the laws, and occasions still greater disorder. Then there are, so to speak, as many Princes as magistrates; and the State, not less divided than the government, perishes or changes its form. J) When the State is broken up, the abuse of the gov- ernment, whatever it may be, takes the common name of ANARCHY. To distinguish, democracy degenerates intq^ OCHLOCRACY, aristocracy into oligarchy]"" I should add that royalty degenerates into tyranny ; but this last word is equivocal and requires explanation. In the vulgar sense a tyrant is a king who governs with violence and without regard to justice and the laws. In 78 THE SOCIAL CONTRACT the strict sense, a tyrant is a private person who arro- gates to himself the royal authority without having a right to it. It is in this sense that the Greeks under- stood the word tyrant; they bestowed it indifferently on good and bad princes whose authority was not legitimate. Thus TYRANT and usurper are two words perfectly syn- onymous. To give different names to different things, I call the usurj)er of royal authority a tyrant, and the usurper of sovereign power a despot. The tyrant is he who, con- trary to the laws, takes upon himself to govern according to the laws; the despot is he who sets himself above the laws themselves. (Thus the tyrant cannot be a despot, but the despot is always a tyrant.' CHAPTER XI. The Dissolution of the Body Politic. Such is the natural and inevitable tendency of the best constituted governments. If Sparta and Rome have per- ished, what State can hope to endure for ever ? If we wish to form a durable constitution, let us, then, not dream of making it eternal. In order to succeed we must not attempt the impossible, nor flatter ourselves that we are giving to the work of men a stability which human things do not admit of. The body politic, as well as the human body, begins to die from its birth, and bears in itself the causes of its own destruction. But both may have a constitution more or less robust, and fitted to preserve them a longer or shorter time. The constitution of man is the work of nature; that of the State is the work of art. It does not rest with men to prolong their lives ; it does rest with them to prolong that of the State as far as possible, by giving it the best constitution practicable. The best constituted will come to an end, but not so soon as another, unless some unforeseen accident brings about its premature de- struction. HOW SOVEREIGN AUTHORITY IS MAINTAINED 79 The principle of political life is in the sovereign author- ity. The legislative power is the heart of the State ; the ^executive .power is its brain, giving movement to all the parts. The brain may be paralyzed and yet the individ- "ual may live. A man remains an imbecile and lives ; but so soon as the heart ceases its functions, the animal dies. It is not by laws that the State subsists, but by the" legislative power. The law of yesterday is not binding to-day; but tacit consent is presumed from silence, and the sovereign is supposed to confirm continually the laws which it does not abrogate when able to do so. What- ever it has once declared that it wills, it wills always, unless the declaration is revoked. Why, then, do people show so much respect for ancient laws ? It is on account of their antiquity. We must believe that it is only the excellence of the ancient laws which has enabled them to be so long preserved; unless the sovereign has recognized them as constantly salutary, it would have revoked them a thousand times. That is why, far from being weakened, the laws are ever acquir- ing fresh vigor in every well-constituted State; the prej- udice in favor of antiquity renders them more vener- able every day; while, wherever laws are weakened as they grow old, this fact proves that there is no longer any legislative power, and that the State no longer lives. CHAPTER XII. How THE Sovereign Authority is Maintained. The sovereign, having no other force than the legisla- tive power, acts only through _the laws ; and the laws be- ing nothing but authentic acts of the general w^', the sovereign "can act only when the people are assembled. The people assembled, it will be said: what a chimera! It is a chimera to-day; but it was not so two thousand years ago. Have men changed their nature ? The limits of the possible in moral things are less nar- row than we think ; it is our weaknesses, our vices, our prejudices, that contract them. Sordid souls do not believe 8o THE SOCIAL CONTRACT in great men ; vile slaves smile with a mocking air at the word LIBERTY. From what has been done let us consider wl^t can be done. I shall not speak of the ancient republics of Greece ; but the Roman Republic was, it seems to me, a great State, and the city of Rome a great city. The last cen- sus in Rome showed that there were 400,000 citizens bear- ing arms, and the last enumeration of the Empire showed more than 4,000,000 citizens, without reckoning subjects, foreigners, women, children, and slaves. What a difficulty, we might suppose, there would be in assembling frequently the enormous population of the capital and its environs. Yet few weeks passed without the Roman people being assembled, even several times. Not only did they exercise the rights of sovereignty, but a part of the functions of government. They discussed certain affairs and judged certain causes, and in the pub- lic assembly the whole people were almost as often mag- istrates as citizens. By going back to the early times of nations, we should find that the majority of the ancient governments, even monarchical ones, like those of the Macedonians and the Franks, had similar councils. Be that as it may, this single incontestable fact solves all difficulties ; inference from the actual to the possible appears to me sound. CHAPTER XIII. How THE Sovereign Authority is Maintained — (Continued). It is not sufficient that the assembled people should have once fixed the constitution of the State by giving their sanction to a body of laws; it is not sufficient that they should have established a perpetual government, or that they should have once for all provided for the election of magistrates. Besides the extraordinary assemblies which unforeseen events may require, it is necessary that there should be fixed and periodical ones which nothing can abolish or prorogue; so that, on the HOW SOVEREIGN AUTHORITY IS MAINTAINED 8i appointed day, the people are rightfully convoked by the law, without needing for that purpose any formal sum- mons. But, excepting these assemblies which are lawful by their date alone, every assembly of the people that has not been convoked by the magistrates appointed for that duty and according to the prescribed forms, ought to be regarded as unlawful and all that is done in it as invalid, because even the order to assemble ought to emanate irom thelaw. As for the more or less frequent meetings of the law- ful assemblies, they depend on so many considerations that no precise rules can be given about them. Only it may be said generally that the more force a government has the more frequently should the sovereign display itself. This, I shall be told, may be good for a single city; but what is to be done when the State comprises many cities ? Will the sovereign authority be divided ? Or must it be concentrated in a single city and render sub- ject all the rest. I answer that neither alternative is necessary. In the first place, the sovereign authority is simple and un- divided, and we cannot divide it without destroying it. In the second place, a city, no more than a nation, can be lawfully subject to another, because the essence of the body politic consists in the union of obedience and liberty, and these words, subject ^nd sovereign, are correlatives, Jhe notion underlying them being expressed in the one word citizenT" " I answer, further, that it is always an evil to combine several towns into a single State, and, in desiring to effect such a union, we must not flatter ourselves that we shall avoid the natural inconveniences of it. The abuses of great States cannot be brought as an objection against a man who only desires small ones. But how can small States be endowed with sufi&cient force to resist great ones ? Just in the same way as when the Greek towns of old resisted the Great King, and as more recently Holland and Switzerland have resisted the House of Austriat 82 THE SOCIAL CONTRACT If, however, the State cannot be reduced to proper limits, one resource still remains; it is not to allow any capital, but to make the government sit alternately in each town, and also to assemble in them by %ms the estates of the country. People the territory uniformly, extend the same rights everywhere, spread everywhere abundance and life; in this way the State will become at once the strongest and the best governed that may be possible. Remember that the walls of the towns are formed solely of the remains of houses in the country. For every palace that I see rising in the capital, I seem to see a whole rural district laid in ruins. CHAPTER XIV. How THE Sovereign Authority is Maintained — (Continued.) So soon as the people are lawfully assembled as a sov- ereign body, the whole jurisdiction of the government ceases, the executive power is suspended, and the per- son of the meanest citizen is as sacred and inviol- able as that of the first magistrate, because where the represented are, there is no longer any repre- sentative. Most of the tumults that arose in Rome in the comitia proceeded from ignorance or neglect of this rule. The consuls were then only presidents of the people and the tribunes simple orators; the Senate had no power at all. These intervals of suspension, in which the Prince recognizes or ought to recognize the presence of a supe- rior, have always been dreaded by that power; and these assemblies of the people, which are the shield of the body politic and the curb of the government, have in all ages been the terror of the chief men; hence such men are never wanting in solicitude, objections, obstacles, and promises, in the endeavor to make the citizens disgusted with the assemblies. When the latter are avaricious, cow- ardly, pusillanimous, and more desirous of repose than of DEPUTIES OR REPRESENTATIVES 83 freedom, they do not long hold out against the repeated efforts of the government ; and thus, as the resisting force constantly increases, the sovereign authority at last dis- appears, and most of the States decay and perish before their time. But between the sovereign authority and the arbitrary government there is sometimes introduced an intermedi- ate power of which I must speak. CHAPTER XV. Deputies or Representatives. So SOON as the service of the State ceases to be the a principal business of the citizens, and they prefer to ren- ) der aid with their purses rather than their persons, the f State is already on the brink of ruin. Is it necessary tov' march to battle, they pay troops and remain at home; is it necessary to go tp the council, they^^jgfit , dgputigs— ajid remain at home. /As a result of indolence and wealth, they at length have Kildiers to • enslave their country and representatives to sjell it. It is the bustle of commerce and of the arts, it is the greedy pursuit of /gain, it is effeminacy and love of com- forts, that commute personal services for money. Men sacrifice a portion of their profit in order to increase it at their ease. Give money and soon you will have chains. That word finance is a slave's word: it is unknown among citizens. In a country that is really free, the citizens do everything with their hands and nothing with money: far from paying for exemption from their duties, they would pay to perform them themselves. I am far removed from ordinary ideas; I believe that statute labor ( les corvdes ) is less repugnant to liberty than taxation is. (^The better constituted a State is, the more do public affairs outweigh private ones in the minds of the citi- zens. J^fhere is, indeed, a much smaller number of private affairs, because the amount of the general prosperity fur- nishes a more considerable portion to that of each indi- -; 84 THE SOCIAL CONTRACT vidual, and less remains to be sought by individual exertions. In a well-conducted city-state everyone hastens to the assemblies : while under a bad government no one cares to move a step in order to attend them, because no one takes an intierest in the proceedings, since it is fore- seen that the general will will not prevail; and so at last private concerns become all-absorbing. Good laws pave the way for better ones; bad laws lead to worse ones. As soon as any one says of the affairs of the State, " Of what importance are they to me ? " we must consider that the State is lost. The decline of patriotism, the active pursuit of private interests, the vast size of States, conquests, and the abuses of government, have suggested the plan of dep- uties or representatives of the people in the assemblies of the nation. It is this which in certain countries they dare to call the third estate. Thus the private interest of two orders is put in the first and second rank, the public interest only in the third. Sovereignty cannot be represented for the same reason that it cannot be alienated; it consists essentially in the general will, and the will cannot be represented ; it is the same or it is different; there is no medium. The deputies of the people, then, are not and cannot be its represent- atives; they are only its commissioners and can conclude^ nothing definitely. 'Every law which the people in per- son have not ratified is invalid ; it is not a law. The Eng- lish nation thinks that it is free, but is greatly mistaken, for it is so only during the election of members of Par- liament; as soon as they are elected, it is enslaved and counts for nothing. The use which it makes of the brief moments of freedom renders the loss of liberty well- deserved. The idea of representatives is modem; it comes to us from feudal government, that absurd and iniquitous gov- ernment, under which mankind is degraded and the name of man dishonored. In the republics, and even in the monarchies, of antiquity, the people never had repre- sentatives; they did not know the word. It is very singular that in Rome, where the tribunes were so sacred, it was not even imagined that they could usurp the func- DEPUTIES OR REPRESENTATIVES 85 tions of the people, and in the midst of so great a mul- titude, they never attempted to pass of their own accord a single plebiscitum. We may judge, however, of the embarrassment which the crowd sometimes caused from what occurred in the time of the Gracchi, when a part of the citizens gave their votes on the house-tops. But where right and liberty are all in all, inconveniences are nothing. In that wise nation everything was estimated at a true value; it allowed the lictors to do what the tribunes had not dared to do, and was not afraid that the lictors would want to represent it. To explain, however, in what manner the tribunes some- times represented it, it is sufficient to understand how the government represents the sovereign. The law being nothing but the declaration of the general will, it is clear that in their legislative capacity the people cannot be represented; but they can and should be represented in the executive power, which is only force applied to law. This shows that very few nations would, upon care- ful examination, be found to have laws. Be that as it may, it is certain that the tribunes, having no share in the executive power, could never represent the Roman people by right of their office, but only by encroaching on the rights of the Senate. Among the greeks, whatever the people had to do, they did themselves; they were constantly assembled in the public place. They lived in a mild clima.te and they were not avaricious; slaves performed' the manual labor; the people's great business was" liberty. i?3ot having the same advantages, how are you to preserve the same rights ? Your more rigorous climates give you more wants ; * for six months in a year the public place is untenable, and your hoarse voices cannot be heard in the open air. You care more for gain than for liberty, and you fear slavery far less than you do misery. What! is liberty maintained only with the help of slavery ? Perhaps ; extremes meet. Everything which is not according to nature has its inconveniences, and civil * To adopt in cold countries the effeminacy and luxuriousness of Ori- entals is to be willing to assume their chains, and to submit to them even more necessarily than they do. 86 THE SOCIAL CONTRACT society more than all the rest. There are circumstances so unfortunate that people can preserve their freedom only at the expense of that of others, and the citizen cannot be completely free except when the s^ve is en- slaved to the utmost. Such was the position of Sparta. As for you, modern nations, you have no slaves, but you are slaves; you pay for their feedom with your own. In vain do you boast of this preference; I iind in it more Df cowardice than of humanity. I do not mean by all this that slaves are necessary and that the right of slavery is lawful, since I have proved the contrary; I only mention the reasons why modern nations who believe themselves free have rep- resentatives, and why ancient nations had none. Be that as it may, as soon as a nation appoints representatives, it is no longer free; it no longer exists. After very careful consideration I do not see that it is possible henceforward for the sovereign to pre- serve among us the exercise of its rights unless the State is very small. But if it is very small, will it not be subjugated ? No ; I shall show hereafter how the external power of a great nation can be combined with the convenient polity and good order a small State. CHAPTER XVI. That the Institution of the Government is Not A Contract. The legislative power being once well established, the question is to establish also the executive power ; for this latter, which operates only by particular acts, not being of the essence of the other, is naturally separated from it. If it were possible that the sovereign, considered as such, should have the executive power, law and fact would be so confounded that it could no longer be known what is law and what is not; and the body politic, thus perverted, would soon become a prey to the violence against which it was instituted. INSTITUTION OF THE GOVERNMENT 87 The citizens hehig^all equal by the jocial contract, all can prescribe what all ought to do, while no one has a right to demand that another should do what he will not do himself. Now, it is properly this right, indispensable to make the body politic live and move, which the sov- ereign gives to the Prince in establishing the govern- ment. Several have pretended that the instrument in this establishment is a contract between the people and the chiefs whom they set over themselves — a contract by which it is stipulated between the two parties on what conditions the one binds itself to rule, the other to obey. It will be agreed, I am sure, that this is a strange method of contracting. But let us see whether such a position is tenable. First, the supreme authority can no more be modified than alienated; to limit it is to destroy it. It is absurd and contradictory that the sovereign should acknowledge a superior; to bind itself to obey a master is to regain full liberty. Further, it is evident that this contract of the people with such or such persons is a particular act; whence it follows that the contract cannot be a law nor an act of sovereignty, and that consequently it is unlawful. Moreover, we see that the contracting parties them- selves would be under the law of nature alone, and without any security for the performance of their recip- rocal engagements, which is in every way repugnant to the civil state. He who possesses the power being always capable of executing it, we might as well give the name contract to the act of a man who should say to another: " I give you all my property, on condition that you re- store me what you please.* There is but one contract in the State — that of asso- ciation ; and this of itself excludes any other. No public contract can be conceived which would not be a viola- tion of the first. CHAPTER XVII. The Institution of the Government. Un^der what general notion, then, must be included the act by which the government is instituted ? I shall observe first that this act is complex, or composed of two others, viz, the establishment of the law and the execution of the law. By the first, the sovereign determines that there shall be a governing body established in such or such a form ; and it is clear that this act is a law. By the second, the people nominate the chiefs who will be intrusted with the government when established. Now, this nomination being a particular act, is not a second law, but only a consequence of the first, and a function of the government. The difficulty is to understand how there can be an act of government before the government exists, and how the people, who are only sovereign or subjects, can, in certain circumstances, become the Prince or the magis- trates. Here, however, is disclosed one of those astonishing properties of the body politic, by which it reconciles operations apparently contradictory; for this is effected by a sudden conversion of sovereignty into democracy in such a manner that, without any perceptible change, and merely by a new relation of all to all, the citizens, hav- ing become magistrates, pass from general acts to par- ticular acts, and from the law to the execution of it. This change of relation is not a subtlety of speculation without example in practice; it occurs every day in the iParliament of England, in which the Lower House on certain occasions resolves itself into Grand Committee in order to discuss business better, and thus becomes a simple commission instead of the sovereign court that it was the moment before. In this way it afterward re- ports to itself, as the House of Commons, what it has just decided in Grand Committee. (88i PREVENTION OF USURPATIONS 89 Such is the advantage peculiar to a democratic govern- ment, that it can be established in fact by a simple act of the general will; and after this, the provisional gov- ernment remains in power, should that be the form adopted, or establishes in the name of the sovereign the government prescribed by the law; and thus everything is according to rule. It is impossible to institute the government in any other way that is legitimate without renouncing the principles heretofore established. CHAPTER XVIII. Means of Preventing Usurpations of the Gov- ernment. From these explanations it follows, in confirmation of chapter XVI., that the act which institutes the govern- ment is not a contract, but a law; that the depositaries of the executive power are not the masters of the people, but its officers; that the people can appoint them and dismiss them at pleasure ; that for them it is not a ques- tion of contracting, but of obeying; and that in under- taking the functions which the State imposes on them, they simply fulfill their duty as citizens, without having in any way a right to discuss the conditions. When, therefore, it happens that the people institute a hereditary government, whether monarchical in a fam- ily or aristocratic in one order of citizens, it is not an engagement that they make, but a provisional form which they give to the administration, until they please to reg- ulate it difiEerently. It is true that such changes are always dangerous, and that the established government must never be touched except when it becomes incompatible with the public good; but this circumspection is a maxim of policy, not a rule of right ; and the State is no more bound to leave the civil authority to its chief men than the military authority to its generals. Moveover it is true that in such a case all the formali- ties requisite to distinguish a regular and lawful act from 90 THE SOCIAL CONTRACT a seditious tmnult, and the will of a whole people from the clamors of a faction, cannot be too carefully ob- served. It is especially in this case that onl^^ such con- cession should be made as cannot in strict justice be refused; and from this obligation also the Prince derives a great advantage in preserving its power in spite of the people, without there being able to say that it has usurped the power; for while appearing to exercise noth- ing but its rights, it may very easily extend them, and, under pretext of maintaining the public peace, obstruct the assemblies designed to re-establish good order; so that it takes advantage of a silence which it prevents from being broken, or of irregularities which it causes to be committed, so as to assume in its favor the approbation of those whom fear renders silent and punish those that dare to speak. It is in this way that the Decemvirs, hav- ing at first been elected for one year, and then kept in office for another year, attempted to retain their power in perpetuity by no longer permitting the camitia to assem- ble ; and it is by this easy method that all the governments in the world, when once invested with the public force, usurp sooner or later the sovereign authority. The periodical assemblies of which I have spoken before are fitted to prevent or postpone this evil, especially when they need no formal convocation; for then the Prince cannot interfere with them, without openly proclaim- ing itself a violator of the laws and an enemy of the State. These assemblies, which have as their object the mainte- nance of the social treaty, ought always to be opened with two propositions, which no one should be able to suppress, and which should pass separately by vote. The first: "Whether it pleases the sovereign to main- tain the present form of government." The second: "Whether it pleases the people to leave the administration to those at present intrusted with it.» I presuppose here what I believe that I have proved, viz, that there is in the State no fundamental law which cannot be revoked, not even the social compact ; for if all the citizens assembled in order to break this compact by a solemn agreement, no one can doubt that it would be PREVENTION OF USURPATIONS 91 quite legitimately broken. Grotius even thinks that each man can renounce the State of which he is a member, and regain his natural freedom and his property by quitting the country.* Now it would be absurd if all the citizens combined should be unable to do what each of them can do separately. * It must be clearly understood that no one should leave in order to evade his duty and relieve himself from serving his country at a moment when it needs him. Flight in that case would be criminal and punishable; it would no longer be retirement, but desertion. BOOK IV. CHAPTER I. That the General Will is Indestructible.* So LONG as a number of men in combination are con- sidered as a single body, they have but one will, which relates to the common preservation and to the general well-being. In such a case all the forces of the State are vigorous and simple, and its principles are clear and luminous; it has no confused and conflicting interests; the common good is everywhere plainly manife§t-.,4nd only good sense is required to perceive it. ^ Peace, union, and equality^ are foes to political subtleties.) Upright and simple-minded' men are hard to deceive b.ecause of their slm^ plicity ; allurements and refined pretexts do not impose upon them ; they are not even cunning enough to be dupes. When, in the happiest nation in the world, we see troops of peasants regulating the affairs of the State under an oak and always acting wisely, can we refrain from despising the refinements of other nations, who make themselves illustrious and wretched with so mucH art and mystery? A State thus governed needs very few laws; and in so far as it becomes necessary to promulgate new ones, this necessity is universally recognized. The first man to propose them only gives expression to what all have previously felt, and neither factions nor eloquence will be needed to pass into law what every one has already resolved to do, so soon as he is sure that the rest will act as he does. What deceives reasoners is that, seeing only States that are ill-constituted from the beginning, they are impressed with the impossibility of maintaining such a *This chapter appears to belong more properly to Book II.— Eb. (9a) THAT GENERAL WILL IS INDESTRUCTIBLE 93 policy in those States ; they laugh to think of all the fol- lies to which a cnnning knave, an insinuating speaker, can persuade the people of Paris or London. They know not that Cromwell would have been put in irons by the people of Berne, and the Duke of Beaufort imprisoned by the Genevese. But when the social bond begins to be relaxed and the State weakened, when private interests begin to make themselves felt and small associations to exercise an influence on the State, the common interest is injuri- ously affected and finds adversaries ; unanimity no longer reigns in the voting; the general will is no longer the will of all; opposition and disputes arise, and the best counsel does not pass uncontested. Lastly, when the State, on the verge of ruin, no longer subsists except in a vain and illusory form, when the social bond is broken in all hearts, when the basest in- terest shelters itself impudently under the sacred name of the public welfare, the general will becomes dumb; all, under the guidance of secret motives, no more ex- press their opinions as citizens than if the State had never existed; and, under the name of laws, they deceit- fully pass unjust decrees which have only private interest as their end. Does it follow from this that the general will is de- stroyed or corrupted ? No ; it is always constant, unalter- able, and pure ; but it is subordinated to others which get the better of it. Each, detaching his own interest from the common interest, sees clearly that he cannot com- pletely separate it ; but his share in the injury done to the State appears to him as nothing in comparison with the exclusive advantage which he aims at appropriating to himself. This particular advantage being excepted, he desires the general welfare for his own interests quite as strongly as any other. Even in selling his vote for money, he does not extinguish in himself the general will, but eludes it. The fault that he commits is to change the state of the question, and to answer something different from what he was asked ; so that, instead of say- ing by a vote : « It is beneficial to the State, » he says : « It is beneficial to a certain man or a certain party that such 94 THE SOCIAL CONTRACT or such a motion should pass." Thus the law of public order in assemblies is not so much to maintain in them the general will as to insure that it shall alw^s be con- sulted and always respond. I might in this place make many reflections on the simple right of voting in every act of sovereignty — a right which nothing can take away from the citizens — and on that of speaking, proposing, dividing, and discussing, which the government is always very careful to leave to its members only ; but this important matter would require a separate treatise, and I cannot say everything in this one. CHAPTER II. Voting. We see from the previous chapter that the manner in which public affairs are managed may give a sufficiently trustworthy indication of the character and health of the body politic. The more that harmony reigns in the as- semblies, that is, the more the voting approaches unan- imity, the more also is the general will predominant ; but long discussions, dissensions, and uproar proclaim the as- cendency of private interests and the decline of the State. This is not so clearly apparent when two or more or- ders enter into its constitution, as, in Rome, the patri- cians and plebeians, whose quarrels often disturbed the comitia, even in the palmiest days of the Republic; but this exception is more apparent than real, for, at that time, by a vice inherent in the body politic, there were, so to speak, two States in one; what is not true of the two together is true of each separately. And, indeed, even in the most stormy times, the plebiscita of the peo- ple, when the Senate did not interfere with them, always passed peaceably and by a large majority of votes; the citizens having but one interest, the people had but one will. At the other extremity of the circle unanimity re- turns; that is, when the citizens, fallen into slavery, have no longer either liberty or will. Then fear and VOTING 95 flattery change votes into acclamations; men no longer deliberate, but adore or curse. Such was the disgrace- ful mode of speaking in the Senate under the Em- perors. Sometimes it was done with ridiculous precautions. Tacitus observes that under Otho the senators, in over- whelming Vitellius with execrations, affected to make at the same time a frightful noise, in order that, if he happened to become master, he might not know what each of them had said. Prom these different considerations are deduced the principles by which we should regulate the method of counting votes and of comparing opinions, according as the general will is more or less easy to ascertain and the State more or less degenerate. There is but one law which by its na,ture requires unan- imous consent, that is, the social compact; for civil asso- ciation is the most voluntary act in the world; every man being born free and master of himself, no one can, under any pretext whatever, enslave him without his assent. To decide that the son of a slave is born a slave is to decide that he is not bom a man. If, then, at the time of the social compact, there are opponents of it, their opposition does not invalidate the contract, but only prevents them from being included in it; they are foreigners among citizens. When the State is established, consent lies in residence; to dwell in the territory is to submit to the sovereignty.* Excepting this original contract, the vote of the ma- jority always binds all the rest, this being a result of the contract itself. But it will be asked how a man can be free and yet forced to conform to wills which are not his own. How are opponents free and yet subject to laws they have not consented to ? I reply that the question is wrongly put. The citizen consents to all the laws, even to those which are passed in spite of him, and even to those which punish him when he dares to violate any of them. The unvarjdng * This must always be understood to relate to a free State ; for other- wise family, property, want of an asylum, necessity, or violence, may detain an inhabitant in a country against his will ; and then his residence alone no longer supposes his consent to the contractor to the violation of it 96 THE SOCIAL CONTRACT will of all the members of the State is the general will; it is through that that they are citizens and free. When a law is proposed in the assembly of the peop]||, what is asked of them is not exactly whether they approve the proposition or reject it, but whether it is conformable or not to the general will, which is their own; each one in giving his vote expresses his opinion thereupon; and from the counting of the votes is obtained the declaration of the general will. When, therefore, the opinion opposed to my own prevails, that simply shows that I was mis- taken, and that what I considered to be the general will was not so. Had my private opinion prevailed, I should have done something other than I wished; and in that case I should not have been free. This supposes, it is true, that all the marks of the gen- eral will are still in the majority; when they cease to be so, whatever side we take, there is no longer any liberty. In showing before how particular wills were sub- stituted for general wills in public resolutions, I have sufficiently indicated the means practicable for preventing this abuse; I will speak of it again hereafter. With re- gard to the proportional number of votes for declaring this will, I have also laid down the principles according to which it may be determined. The difference of a single vote destroys unanimity; but between unanimity and equality there are many unequal divisions, at each of which this number can be fixed according to the con- dition and requirements of the body politic. Two general principles may serve to regulate these pro- portions: the one, that the more important and weighty the resolutions, the nearer should the opinion which pre- vails approach unanimity; the other, that the greater the despatch requisite in the matter under discussion, the more should we restrict the prescribed difference in the division of opinions; in resolutions which must be come to immediately the majority of a single vote should suf- fice. The first of these principles appears more suitable to laws, the second to affairs. Be that as it may, it is by their combination that are established the best pro- portions which can be assigned for the decision of a majority. CHAPTER III. Elections. With regard to the elections of the Prince and the magistrates, which are, as I have said, complex acts, there are two modes of procedure, viz, choice and lot. Both have been employed in different republics, and a very complicated mixture of the two is seen even now in the election of the Doge of Venice. " Election by lot, " says Montesquieu, « is of the nature of democracy. " I agree, but how is it so ? " The lot, " he continues, "is a mode of election which mortifies no one; it leaves every citizen a reasonable hope of serving his country." But these are not the reasons. If we are mindful that the election of the chiefs is a function of government and not of sovereignty, we shall see why the method of election by lot is more in the nature of democracy, in which the administration is by so much the better as its acts are less multiplied. In every true democracy, the magistracy is not a boon but an onerous charge, which cannot fairly be imposed on one individual rather than on another. The law alone can impose this burden on the person upon whom the lot falls. For then, the conditions being equal for all, and the choice not being dependent on any human will, there is no particular application to alter the universality of the law. In an aristocracy the Prince chooses the Prince, the government is maintained by itself, and voting is rightly established. The instance of the election of the Doge of Venice, far from destroying this distinction, confirms it; this com- posite form is suitable in a mixed government. For it is an error to take the government of Venice as a true aristocracy. If the people have no share in the govern- ment, the nobles themselves are numerous. A multitude of poor Barnabotes never come near any magistracy and have for their nobility only the empty title of Excel- 7 <97) pg THE SOCIAL CONTRACT lency and the right to attend the Great Council. This Great Council being as numerous as our General Council at Geneva, its illustrious members have no more privi- leges than our simple citizens {citoyens). It i? certain that, setting aside the extreme disparity of the two Re- publics, the burgesses (/« bourgeoisie) of Geneva exactly correspond to the Venetian order of patricians; our natives {natifs) and residents {habitants) represent the citizens and people of Venice; our peasants {pay sans) represent the subjects of the mainland; in short, in what- ever way we consider this Republic apart from its size, its government is no more aristocratic than ours. The whole difference is that, having no chief for life, we have not the same need for election by lot. Elections by lot would have few drawbacks in a true democracy, in which, all being equal, as well in charac- ter and ability as in sentiments and fortune, the choice would become almost indifferent. But I have already said that there is no true democracy. When choice and lot are combined, the first should be employed to fill the posts that require peculiar talents, such as military appointments; the other is suitable for those in which good sense, justice and integrity are suf- ficient, such as judicial offices, because, in a well-consti- tuted State, these qualities are common to all the citizens. Neither lot nor voting has any place in a monarchical government. The monarch being by right sole Prince and sole magistrate, the choice of his lieutenants belongs to him alone. When the Abb6 de Saint-Pierre proposed ' to multiply the councils of the King of France and to elect the members of them by ballot, he did not see that he was proposing to change the form of government. It would remain for me to speak of the method for re- cording and collecting votes in the assembly of the peo- ple ; but perhaps the history of the Roman policy in that respect will explain more clearly all the principles which I might be able to establish. It is not unworthy of a judicious reader to see in some detail how public and private affairs were dealt with in a council of 200,000 men. CHAPTER IV. The Roman Comitia. We have no very trustworthy records of the early times of Rome; there is even great probability that most of the things which have been handed down are fables, and in general, the most instructive part of the annals of nations, which is the history of their institution, is the most defective. Experience every day teaches us from what causes spring the revolutions of empires ; but, as na- ticns are no longer in process of formation, we have scarcely anything but conjectures to explain how they have been formed. The customs which are found established at least tes- tify that these customs had a beginning. Of the tradi- tions that go back to these origins, those which the greatest authorities countenance, and which the strongest reasons confirm, ought to pass as the most undoubted. These are the principles which I have tried to follow in inquiring- how the freest and most powerful nation in the world exercised its supreme power. After the foundation of Rome, the growing republic, that is, the army of the founder, composed of Albans, Sa- bines, and foreigners, was divided into three classes, which, from this division, took the name of tribes. Each of these tribes was subdivided into ten curice, and each curia into decurim, at the head of which were placed curiones and decuriones. Besides this, a body of one hundred horsemen or knights, called a centuria, was drawn from each tribe, whence we see that these divisions, not very necessary in a town, were at first only military. But it seems that an instinct of greatness induced the little town of Rome from the first to adopt a polity suitable to the capital of the ;world. From this first division an inconvenience soon resulted ; the tribe of the Albans and that of the Sabines remain- ing always in the same condition, while that of the (99) loo THE SOCIAL CONTRACT foreigners increased continually through perpetual acces- sions, the last soon outnumbered the two others. The remedy which Servius found for this dangeroi^ abuse was to change the mode of division, and for the division by races, which he abolished, to substitute another de- rived from the districts of the city occupied by each tribe. Instead of three tribes be made four, each of which occupied one of the hills of Rome and bore its name. Thus, in remedying the existing inequality, he also pre- vented it for the future ; and in order that this might be a division, not only of localities, but of men, he prohib- ited the inhabitants of one quarter from removing into another, which prevented the races from being mingled. He also doubled the three old centuricz of cavalry and added twelve others to them, but still under the old names — a simple and judicious means by which he effected a distinction between the body of knights and that of the people, without making the latter murmur. To these four urban tribes Servius added fifteen others, called rural tribes, because they were formed of inhabit- ants of the country, divided into so many cantons. After- ward as many new ones were formed; and the Roman people were at length divided into thirty-five tribes, a number which remained fixed until the close of the Republic. From this distinction between the urban and the rural tribes resulted an effect worthy of notice, because there is no other instance of it, and because Rome owed to it both the preservation of her manners and the growth of her empire. It might be supposed that the urban tribes soon arrogated to themselves the power and the honors, and were ready to disparage the rural tribes. It was quite the reverse. We know the taste of the old Romans for a country life. This taste they derived from their wise founder, who united with liberty rural and military works, and relegated, so to speak, to the towns arts, trades, intrigue, wealth, and slavery. Thus every eminent man that Rome had being a dweller in the fields and a tiller of the soil, it was customary to seek in the country only for the defenders of the Republic. This condition, being that of the worthiest patricians, THE ROMAN COMITIA loi was honored by every one; the simple and laborious life of villagers was preferred to the lax and indolent life of the burgesses of Rome ; and many who would have been only wretched proletarians in the city became as laborers in the fields, respected citizens. It is not without reason, said Varro, that our high-minded ancestors established in the village the nursery of those hardy and valiant men who defended them in time of war and sustained them in time of peace. Pliny says positively that the rural tribes were honored because of the men that composed them, while the worthless whom it was desired to dis- grace were transferred as a mark of ignominy into the urban tribes. The Sabine, Appius Claudius, having come to settle in Rome, was there loaded with honors and enrolled in a rural tribe, which afterward took the name of his family. Lastly, all the freedmen entered the urban tribes, never the rural; and during the whole of the Republic there is not a single example of any of these freedmen attaining a magistracy, although they had be- come citizens. This maxim was excellent, but was pushed so far that at length a change, and certainly an abuse, in govern- ment, resulted from it. Firsts the censors, after having long arrogated the right of transferring citizens arbitrarily from one tribe to another, allowed the majority to be enrolled in whichever they pleased — a permission which certainly was in no way advantageous, and took away one of the great re- sources of the censorship. Further, since the great and powerful all enrolled themselves in the rural tribes, while the freedmen who had become citizens remained with the populace in the urban ones, the tribes in general had no longer any district or territory, but all were so intermingled that it was impossible to distinguish the members of each except by the registers; so that the idea of the word tribe passed thus from the real to the personal, or rather became almost a chimera. Moreover, it came about that the urban tribes, being close at hand, were often the most powerful in the comitia, and sold the State to those who stooped to buy the votes of the mob of which they were composed. I02 THE SOCIAL CONTRACT With regard to the curiae, the founde;- having formed ten in each tribe, the whole Roman people, at that time inclosed in the walls of the city, consisted of thirty curim, each of which had its temples, its gods,* its offi- cers, its priests, and its festivals called compitalia, resembling the paganalia which the rural tribes had after- ward. In the new division of Servius, the number thirty being incapable of equal distribution into four tribes, he was unwilling to touch them ; and the curiae, being independ- ent of the tribes, became another division of the inhabit- ants of Rome. But there was no question of curice either in the rural tribes or in the people composing them, because the tribes having become a purely civil institu- tion, and another mode of levying troops having been introduced, the military divisions of Romulus were found superfluous. Thus, although every citizen was enrolled in a tribe, it was far from being the case that each was enrolled in a curia. Servius made yet a third division, which had no relation to the two preceding, but became by its effects the most important of all. He distributed the whole Roman people into six classes, which he distinguished, not by the place of residence, nor by the men, but by property; so that the first classes were filled with rich men, the last with poor men, and the intermediate ones with those who enjoyed a moderate fortune. These six classes were subdivided into one hundred and ninety- three other bodies called centuria, and these bodies were so distributed that the first class alone comprised more than a half, and the last formed only one. It thus hap- pened that the class least numerous in men had most centuricB, and that the last entire class was counted as only one subdivision, although it alone contained more than a half of the inhabitants of Rome. In order that the people might not so clearly discern the consequences of this last form, Servius aifected to give it a military aspect. He introduced in the second class two centuries of armorers, and two of makers of instruments of war in the fourth; in each class, except the last, he distinguished the young and the old, that is THE ROMAN COMITIA 103 to say, those who were obliged to bear arms, and those who were exempted by law on account of age — a dis- tinction which, more than that of property, gave rise to the necessity of frequently repeating the census or enu- meration ; finally he required that the assembly should be held in the Campus Martius, and that all who were qualified for service by age should gather there with their arms. The reason why he did not follow in the last class this same division into seniors and juniors is, that the honor of bearing arms for their country was not granted to the populace of which it was composed ; it was necessary to have homes in order to obtain the right of defending them; and out of those innumerable troops of beggars with which the armies of kings nowadays glitter, there is perhaps not one but would have been driven with scorn from a Roman cohort when soldiers were defend- ers of liberty. Yet again, there was in the last class a distinction between the proletarii and those who were called capite censi. The former not altogether destitute, at least sup- plied citizens to the State, sometimes even soldiers in pressing need. As for those who had nothing at all and could only be counted by heads, they were regarded as altogether unimportant, and Marius was the first who condescended to enroll them. Without deciding here whether this third enumeration was good or bad in itself, I think I may affirm that nothing but the simple manners of the early Romans — their disinterestedness, their taste for agriculture, their contempt for commerce and for the ardent pursuit of gain — could have rendered it practicable. In what mod- em nation would rapacious greed, restlessness of spirit, intrigue, continual changes of residence, and the perpetual revolutions of fortune have allowed such an institution to endure for twenty years without the whole State being subverted ? It is, indeed, necessary to observe carefully that morality and the censorship, more powerful than this institution, corrected its imperfections in Rome, and that many a rich man was relegated to the class of the poor for making too much display of his wealth. I04 THE SOCIAL CONTRACT From all this we may easily understand why mention is scarcely ever made of more than five classes, although there were really six. The sixth, which furnished neither soldiers to the army, nor voters to the Camplk Martius* and which was almost useless in the Republic, rarely counted as anything. Such were the different divisions of the Roman people. Let us see now what effect they produced in the as- semblies. These assemblies, lawfully convened, were called comitia; they were usually held in the Forum of Rome or in the Campus Martius, and were distinguished as comitia curiata, comitia centuriata, and comitia tributa, in accordance with that one of the three forms by which they were regulated. The comitia curiata were founded by Romulus, the comitia centuriata by Servius, and the comitia tributa by the tribunes of the people. No law received sanction, no magistrate was elected, ex- cept in the comitia; and as there was no citizen who was not enrolled in a curia, in a centuria, or in a tribe, it follows that no citizen was excluded from the right of voting, and that the Roman people were truly sovereign de jure and de facto. In order that the comitia might be lawfully assembled, and that what was done in them might have the force of law, three conditions were necessary; the first, that the body or magistrate which convoked them should be in- vested with the necessary authority for that purpose ; the second, that the assembly should be held on one of the days permitted by law; the third, that the auguries should be favorable. The reason for the first regulation need not be ex- plained; the second is a matter of police; thus it was not permitted to hold the comitia on feast days and market days, when the country people, coming to Rome on business, had no leisure to pass the day in the place of assembly. By the third, the Senate kept in check a proud and turbulent people, and seasonably tempered the *I say, «to the Campus Martius, '» because it was there that the iomitia centuriata assembled; in the two other forms the people assembled in the Forum or elsewhere ; and then the capite censi had as much influence and authority as the chief citizens. THE ROMAN COMITIA 105 ardor of sfeditious tribunes; but the latter found more than one means of freeing themselves from this con- straint. Laws and the election of chiefs were not the only- points submitted for the decision of the comitia; the Roman people having usurped the most important func- tions of government, the fate of Europe may be said to have been determined in their assemblies. This variety of subjects gave scope for the different forms which these assemblies took according to the matters which had to be decided. To judge of these different forms, it is suflEicient to compare them. Romulus, in instituting the curia, desired to restrain the Senate by means of the people, and the people by means of the Senate, while ruling equally over all. He therefore gave the people by this form all the authority of numbers in order to balance that of power and wealth, which he left to the patricians. But, accord- ing to the spirit of a monarchy, he left still more advaU' tage to the patricians through the influence of their clients in securing a plurality of votes. This admirable institu- tion of patrons and clients was a masterpiece of policy and humanity, without which the patrician order, so op- posed to the spirit of a republic, could not have sub- sisted. Rome alone has had the honor of giving to the world such a fine institution, from which there never re- sulted any abuse, and which, notwithstanding, has never been followed. Since the form of the assembly of the curice subsisted under the kings down to Servius, and since the reign of the last Tarquin is not considered legitimate, the royal laws were on this account generally distinguished by the name of leges curiatce. Under the Republic the assembly of the curice, always limited to the four urban tribes, and containing only the Roman populace, did not correspond either with the Sen- ate, which was at the head of the patricians, or with the tribunes, who, although plebeians, were at the head of the middle-class citizens. It therefore fell into disrepute ; and its degradation was such that its thirty assembled lictors did what the comitia curiata ought to have done. io6 THE SOCIAL CONTRACT The comitia centuriata was so favorable to the aristoc- racy that we do not at first see why the Senate did not always prevail in the comitia which bore ^hat name, and by which the consuls, censors, and other curule magistrates were elected. Indeed, of the one hundred and ninety-three centurice which formed the six classes of the whole Roman people, the first class comprising ninety-eight, and the votes being counted only by centuria, this first class alone outnumbered in votes all the others. When all these centurice were in agreement, the record- ing of votes was even discontinued; what the minority had decided passed for a decision of the multitude; and we may say that in the comitia centuriata affairs were regulated rather by the majority of crowns {/cus) than of votes. But this excessive power was moderated in two ways: first, the tribunes usually, and a great number of plebeians always, being in the class of the rich, balanced the in- fluence of the patricians in this first class. The second means consisted in this, that instead of making the centurice vote according to their order, which would have caused the first class to begin always, one of them* was drawn by lot and proceeded alone to the election; after which all the centurice, being summoned on another day according to their rank, renewed the election and usually confirmed it. Thus the power of example was taken away from- rank to be given to lot, according to the principle of democracy. . From this practice resulted yet another advantage; the citizens from the country had time, between the two elections, to gain information about the merits of the candidate provisionally chosen, and so record their votes with knowledge of the case. But, under pretense of dispatch, this practice came to be abolished and the two elections took place on the same day. The comitia tributa were properly the council of the Roman people. They were convoked only by the tribunes ; in them the tribunes were elected and passed their * This centuria, tlras chosen by lot, was called prcerogattva, be- cause its suffrage was demanded first; hence came the word /rers^a tive. THE ROMAN COMITIA 107 plebiscita. Not only had the Senate no status in them — it had not even a right to attend; and, being compelled to obey laws on which they could not vote, the senators were, in this respect, less free than the meanest citizenfi. This injustice was altogether impolitic, and alone sufficed to invalidate the decrees of a body to which all the citizens were not admitted. If all the patricians had taken part in these comitia according to the rights which they had as citizens, having become in that case simple individuals, they would have scarcely influenced a form in which votes were counted by the head, and in which the meanest proletarian had as much power as the Chief of the Senate. We see, then, that besides the order which resulted from these different divisions for the collection of the votes of so great a people, these divisions were not reduced to forms immaterial in themselves, but that each had results corresponding with the purposes for which it was chosen. Without entering upon this in greater detail, it follows from the preceding explanations that the comitia tributa were more favorable to popular government, and the comitia centuriata to aristocracy. With regard to the com- itia curiata, in which the Roman populace alone formed the majority, as they served only to favor tyranny and evil designs, they deserved to fall into discredit, the se- ditious themselves refraining from a means which would too plainly reveal their projects. It is certain that the full majesty of the Roman people was found only in the comitia centuriata, which were alone complete, seeing that the rural tribes were absent from the comitia curiata and the Senate and the patricians from the comitia tributa. The mode of collecting the votes among the early Ro- mans was as simple as their manners, although still less simple than in Sparta. Each gave his vote with a loud voice, and a recording officer duly registered it; a ma- jority of votes in each tribe determined the suffrage of the tribe; a majority of votes among the tribes deter- mined the suffrage of the people; and so with the curice centurice. This was a good practice so long as probity prevailed among the citizens and every one "was ashamed io8 THE SOCIAL CONTRACT to record his vote publicly for an unjust measure or an unworthy man; but when the people were corrupted and votes were bought, it was expedient that thev should be given secretly in order to restrain purchasers by distrust and give knaves an opportunity of not being traitors. I know that Cicero blames this change and attributes to it in part the fall of the Republic. But although I feel the weight which Cicero's authority ought to have in this matter, I cannot adopt his opinion; on the con- trary, I think that through not making sufficient changes of this kind, the downfall of the State was hastened. As the regimen of healthy persons is unfit for invalids, so we should not desire to govern a corrupt people by the laws which suit a good nation. Nothing supports this maxim better than the duration of the republic of Venice, only the semblance of which now exists, solely because its laws are suitable to none but worthless men. Tablets, therefore, were distributed to the citizens by means of which each could vote without his decision being known; new formalities were also established for the collection of tablets, the counting of votes, the com- parison of numbers, etc. ; but this did not prevent suspicions as to the fidelity of the officers charged with these duties. At length edicts were framed, the multitude of which proves their uselessness. Toward the closing years, they were often compelled to resort to extraordinary expedients in order to supply the defects of the laws. Sometimes prodigies were feigned; but this method, which might impose on the people, did not impose on those who governed them. Sometimes an assembly was hastily summoned before the candidates had had time to canvass. Sometimes a whole sitting was consumed in talking when it was seen that the people having been won over were ready to pass a bad resolution. But at last ambition evaded everything; and it seems incredible that in the midst of so many abuses, this great nation, by favor of its ancient institutions, did not cease to elect magistrates, to pass laws, to judge causes, and to dispatch public and private affairs with almost as much facility as the Senate itself could have done. CHAPTER V. The Tribuneship. When an exact relation cannot be established among the constituent parts of the State, or when indestructible causes are incessantly changing their relations, a special magistracy is instituted, which is not incorporated with the others, but which replaces each term in its true re- lation, forming a connection or middle term either between the Prince and the people, or between the Prince and the sovereign, or if necessary between both at once. This body, which I shall call the tribuneship, is the guardian of the laws and of the legislative power. It sometimes serves to protect the sovereign against the government, as the tribunes of the people did in Rome; sometimes to support the government against the people, as the Council of Ten now does in Venice; and some- times to maintain an equilibrium among all parts, as the ephors did in Sparta. The tribuneship is not a constituent part of the State, and should have no share in the legislative or in the executive power; but it is in this very circumstance that its own power is greatest; for, while unable to do anything, it can prevent everything. It is more sacred and more venerated, as defender of the laws, than the Prince that executes them and the sovereign that enacts them. This was very clearly seen in Rome, when those proud patricians, who always despised the people as a whole, were forced to bow before a simple officer of the people, who had neither auspices nor jurisdiction. The tribuneship, wisely moderated, is the strongest sup- port of a good constitution; but if its power be ever so little in excess, it overthrows everything. Weakness is not natural to it; and provided it has some power, it is never less than it should be. It degenerates into tyranny when it usurps the execu- tive power, of which it is only the moderator, and when /109) no THE SOCIAL CONTRACT it wishes to make the laws which it should only defend The enormous power of the ephors, which was without danger so long as Sparta preserved her n^ality, accel- erated the corruption when it had begun. The blood of Agis, slain by these tyrants, was avenged by .his succes- sor; but the crime and the punishment of the ephors alike hastened the fall of the republic, and, after Cleom- enes, Sparta was no longer of any account. Rome, again, perished in the same way; and the excessive power of the tribunes, usurped by degrees, served at last, with the aid of laws framed on behalf of liberty, as a shield for the emperors who destroyed her. As for the Council of Ten in Venice, it is a tribunal of blood, horrible both to the patricians and to the people; and, far from reso- lutely defending the laws, it has only served since their degradation for striking secret blows which men dare not remark. The tribuneship, like the government, is weakened by the multiplication of its members. When the tribunes of the Roman people, at first two in number and afterward five, wished to double this number, the Senate allowed them to do so, being quite sure of controlling some by means of others, which did not fail to happen. The best means of preventing the usurpations of such a formidable body, a means of which no government has hitherto availed itself, would be, not to make this body permanent, but to fix intervals during which it should remain suspended. These intervals, which should not be long enough to allow abuses time to become estab- lished, can be fixed by law in such a manner that it may be easy to shorten them in case of need by means of ex- traordinary commissions. This method appears to me free from objection, be- cause, as I have said, the tribuneship, forming no part of the constitution, can be removed without detriment; and it seems to me efficacious, because a magistrate newly established does not start with the power that his predecessor had, but with that which the law gives him. CMAMER Vr. The Dictatorship. The inflexibility of the laws, which prevents them front being adapted to emergencies, may in certain cases ren- der them pernicious, and thereby cause the ruin of the State in a time of crisis. The order and tardiness of the forms require a space of time which circumstances sometimes do not allow. A thousand cases may arise for which the legislator has not provided, and to perceive that everything cannot be foreseen is a very needful kind of foresight. We must therefore not desire to establish political in- stitutions so firmly as to take away the power of suspend- ing their effects. Even Sparta allowed her laws to sleep. But only the greatest dangers can outweigh that of changing the public order, and the sacred power of the laws should never be interfered with except when the safety of the country is at stake. In these rare and obvious cases, the public security is provided for by a special act, which intrusts the care of it to the most worthy man. This commission can be conferred in two ways, according to the nature of the danger. If an increase in the activity of the government suffices to remedy this evil, we may concentrate it in one or two of its members ; in that, case it is not the authority of the laws which is changed but only the form of their admin- istration. But if the danger is such that the formal proc- ess of law is an obstacle to our security, a supreme head is nominated, who may silence all the laws and suspend for a moment the sovereign authority. In such a case the general will is not doubtful, and it is clear that the primary intention of the people is that the State should not perish. In this way the suspension of the legislative power does not involve its abolition ; the magistrate who silences it can make it speak; he dominates it without having power to represent it; he can do everything but make laws. The first method was employed by the Roman Senate (III) 112 THE SOCIAL CONTRACT when it charged the consuls, by a consecrated formula, to provide for the safety of the Republic. The second was adopted when one of the two consuls nominated a dictator,* a usage of which Alba had furnished the prec- edent to Rome. At the beginning of the Republic they very often had recourse to the dictatorship, because the State had not yet a sufficiently iirm foundation to be able to maintain itself by the vigor of its constitution alone. Public morality rendering superfluous at that time many precautions that would have been necessary at another time, there was no fear either that a dictator would abuse his authority or that he would attempt to retain it beyond the term. On the contrary, it seemed that so great a power must be a burden to him who was invested with it, such haste did he make to divest him- self of it, as if to take the place of the laws were an office too arduous and too dangerous. Therefore it is the danger, not its abuse, but of its degradation, that makes me blame the indiscreet use of this supreme magistracy in early times ; for while it was freely used at elections, at dedications, and in purely formal matters, there was reason to fear that it would become less formidable in case of need, and that the people would grow accustomed to regard as an empty title that which was only employed in empty ceremonies. Toward the close of the Republic, the Romans, hav- ing become more circumspect, used the dictatorship spar- ingly with as little reason as they had formerly been prodigal of it. It was easy to see that their fear was ill-founded; that the weakness of the capital then con- stituted its security against the magistrates whom it had within it; that a dictator could, in certain cases, defend the public liberty without ever being able to assail it ; and that the chains of Rome would not be forged in Rome itself, but in her armies. The slight resistance which Marius made against Sylla, and Pompey against Csesar, showed clearly what might be looked for from the authority within against the force without. *This nomination was made by night and in secret as if they were nshamed to set a man above the laws. THE DICTATORSHIP 113 This error caused them to commit great mistakes; such, for example, was that of not appointing a dictator in the Catiline affair; for as it was only a question of the in- terior of the city, or at most of some province of Italy, a dictator, with the unlimited authority that the laws gave him, would have easily broken up the conspiracy, which was suppressed only by a combination of happy accidents such as human prudence could not have fore- seen. Instead of that the Senate was content to intrust all its power to the consuls ; whence it happened that Cicero, in order to act effectively, was constrained to exceed his authority in a material point, and that although the fi.rst transports of joy caused his conduct to be approved, he was afterward justly called to afcount for the blood of citizens shed contrary to the laws a reproach which could not have been brought against a dictator. But the consul's eloquence won over everybody ; and he himself, although a Roman, preferred his own glory to his country's good, and sought not so much the most certain and legitimate means of saving the State as the way to secure the whole credit of this affair.* Therefore he was justly honored as the liberator of Rome and justly punished as a violator of the laws. However brilliant his recall may have been, it was certainly a pardon. Moreover, in whatever way this important commission may be conferred, it is important to fix its duration at a very short term which can never be prolonged. In the crises which cause it to be established, the State is soon destroyed or saved; and, the urgent need having passed away, the dictatorship becomes tyrannical or useless. In Rome the dictators held office for six months only, and the majority abdicated before the end of this term. Had the term been longer, they would perhaps have been tempted to prolong it still further, as the Decemvirs did their term of one year. The dictator only had time to provide for the necessity which had led to his election; he had no time to think of other projects. * He could not be satisfied about this in proposing a dictator ; he dared not nominate himself, and could not feel sure that his colleague would nominate him. 8 CHAPTER VII. ^ The Censorship. Just as the declaration of the general will is made by the law, the declaration of public opinion is made by the censorship. Public opinion is a kind of law of which the censor is minister, and which he only applies to particular cases in the manner of the Prince. The censorial tribunal, then, far from being the arbiter of the opinion of the people, only declares it, and so soon as it departs from this position, its decisioiis are fruitless and ineffectual. It is useless to distinguish the character of a nation from the objects of its esteem, for all these things de- pend on the same principle and are necessarily inter- mixed. In all the nations of the world it is not nature but opinion which decides the choice of their pleasures. Reform men's opinions and their manners will be purified of themselves. People always like what is becoming or what they judge to be so; but it is in this judgment that they make mistakes ; the question, then, is to guide their judgment. He who judges of manners judges of honor; and he who judges of honor takes his law from opinion. The opinions of a nation spring from its constitution. Although the law does not regulate morality, it is legis- lation that gives it birth, and when legislation becomes impaired, morality degenerates; but then the judgment of the censors will not do what the power of the laws has failed to do. It follows from this that the censorship may be useful to preserve morality, never to restore it. Institute cen- sors while the laws are vigorous ; so soon as they have lost their power all is over. Nothing that is lawful has any force when the laws cease to have any. The censorship supports morality by preventing opinions from being corrupted, by preserving their integrity through wise applications, sometimes even by fixing them when they are still uncertain. The use of seconds ("41 CIVIL RELIGION 115 in duels, carried to a mad extreme in the kingdom of France, was abolished by these simple words in an edict of the king: «As for those who have the cowardice to appoint seconds." This judgment, anticipating that of the public, immediately decided it. But when the same edicts wanted to declare that it was also cowardice to fight a duel, which is very true, but contrary to common opinion, the public ridiculed this decision, on which its judgment was already formed. I have said elsewhere * that as public opinion is not subject to constraint, there should be no vestige of this in the tribunal established to represent it. We cannot admire too much the art with which this force, wholly lost among the modems, was set in operation among the Romans and still better among the Lacedaemonians. A man of bad character having brought forward a good measure in the Council of Sparta, the ephors, without regarding him, caused the same measure to be proposed by a virtuous citizen. What an honor for the one, what a stigma for the other, without praise or blame being given to either! Certain drunkards from Samos defiled the tribunal of the ephors; on the morrow a public edict granted permission to the Samians to be filthy. A real punishment would have been less severe than such im- punity. When Sparta pronounced what was or was not honorable, Greece made no appeal from her decisions. CHAPTER VIII. Civil Religion. Men had at first no kings except the gods and no gov- ernment but a theocracy. They reasoned like Caligula, and at that time they reasoned rightly. A long period is needed to change men's sentiments and ideas in order that they may resolve to take a fellow-man as a master and flatter themselves that all will be well. *I merely indicate in this chapter what I have treated at greater length in the Letter to M. d' Alembert. ii6 THE SOCIAL CONTRACT From the single circumstance that a god was placed at the head of every political society, it followed that there were as many gods as nations. Two nations foreign to each other, and almost always hostile, coulff not long acknowledge the same master; two armies engaged in battle with each other could not obey the same leader. Thus from national divisions resulted polytheism, and, from this, theological and civil intolerance, which are by nature the same, as will be shown hereafter. The fancy of the Greeks that they recognized their own gods among barbarous nations aross from their re- garding themselves as the natural sovereigns of those nations. But in our days that is a very ridiculous kind of erudition which turns on the identity of the gods of different nations, as if Moloch, Saturn, and Chronos could be the same god! As if the Baal of the Phcenicians, the Zeus of the Greeks, and the Jupiter of the Latins could be the same! As if there could be anything in common among imaginary beings bearing different names ! But if it is asked why under paganism, when every State had its worship and its gods, there were no wars of religion, I answer that it was for ■ the same reason that each State, having its peculiar form of worship as well as its own government, did not distinguish its gods from its laws. Political warfare was also religious ; the depart- ments of the gods were, so to speak, fixed by the limits of the nations. The god of one nation had no right over other nations. The gods of the pagans were not jealous gods; they shared among them the empire of the world; even Moses and the Hebrew nation sometimes counte- nanced this idea by speaking of the god of Israel. It is true that they regarded as naught the gods of the Canaan- ites, proscribed nations, devoted to destruction, whose country they were to occupy; but see how they spoke of the divinities of the neighboring nations whom they were forbidden to attack: «The possession of what belongs to Chamos your god, » said Jephthah to the Ammonites, « is it not lawfully your due ? By the same title we posv sess the lands which our conquering god has acquired. " In this, it seems to me, there was a well-recognized par- CIVIL RELIGION 117 ity between the rights of Chamos and those of the god of Israel. But when the Jews, subjected to the kings of Babylon, and afterward to the kings of Syria, obstinately refused to acknowledge any other god than their own, this re- fusal being regarded as a rebellion against the conqueror, drew upon them the persecutions which we read of in their history, and of which no other instance appears before Christianity. Every religion, then, being exclusively attached to the laws of the State which prescribed it, there was no other way of converting a nation than to subdue it, and no other missionaries than conquerors ; and the obligation to change their form of worship being the law imposed on the vanquished, it was necessary to begin by conquering before speaking of conversions. Far from men fighting for the gods, it was, as in Homer, the gods who fought for men; each sued for victory from his own god and paid for it with new altars. The Romans , before attack- ing a place, summoned its gods to abandon it ; and when they left to the Tarentines their exasperated gods, it was because they then regarded these gods as subjected to their own and forced to pay them homage. They left the vanquished their gods as they left them their laws. A crown for the Capitoline Jupiter was often the only tribute that they imposed. At last, the Romans having extended their worship and their laws with their empire, and having themselves often adopted those of the vanquished, the nations of this vast empire, since the right of citizenship was granted to all, found insensibly that they had multitudes of gods and religions, almost the same everywhere; and this is why paganism was at length known in the world as only a single religion. It was in these circumstances that Jesus came to estab- lish on earth a spiritual kingdom, which, separating the religious from the political system, destroyed the unity of the State, and caused th^ intestine divisions which have never ceased to agitate Christian nations. Now this new idea of a kingdom in the other world having never been able to enter the minds of the pagans, they always ri8 THE SOCIAL CONTRACT regarded Christians as actual rebels, who, under cover of a hypocritical submission, only sought an opportunity to make themselves independent and supreme, and to usurp by cunning the authority which, in their weafiiess, they pretend to respect. This was the cause of persecutions. What the pagans had feared came to pass. Then every- thing changed its aspect; the humble Christians altered their tone, and soon this pretended kingdom of the other world became, under a visible chief, the most violent despotism in this world. As, however, there have always been a Prince and civil laws, a perpetual conflict of jurisdiction has resulted from this double power, which has rendered any good polity impossible in Christian States; and no one has ever suc- ceeded in understanding whether he was bound to obey the ruler' or the priest. Many nations, however, even in Europe or on its out- skirts, wished to preserve or to re-establish the ancient system, but without success; the spirit of Christianity prevailed over everything. The sacred worship always retained or regained its independence of the sovereign, and without any necessary connection with the body of the State. Mohammed had very sound views; he thor- oughly unified his political system; and so long as his form of government subsisted under his successors, the caliphs, the government was quite undivided and in that respect good. But the Arabs having become flourishing, learned, polished, effeminate, and indolent, were subju- gated by the barbarians, and then the division between the two powers began again. Although it may be less apparent among the Mohammedans than among the Christians, the division nevertheless exists, especially in the sect of Ali; and there are States, such as Persia, in which it is still seen. Among us, the kings of England have established them- selves as heads of the church, and the Tsars have done the same; but by means of this title they have made themselves its ministers racier than its rulers ; they have acquired not so much the right of changing it as the power of maintaining it; they are not its legislators but only its princes. Wherever the clergy form a corpora- CIVIL RELIGION 119 tion,* they are masters and legislators in their own country. There are, then, two powers, two sovereigns, in England and in Russia, just as elsewhere. Of all Christian authors, the philosopher Hobbes is the only one who has clearly seen the evil and its remedy, and who has dared to propose a reunion of the heads of the eagle and the complete restoration of political unity, without which no State or government will ever be well constituted. But he ought to have seen that the domi- neering spirit of Christianity was incompatible with his system, and that the interest of the priest would always be stronger than that of the State. It is not so much what is horrible and false in his political theory as what is just and true that has rendered it odious. I believe that by developing historical facts from this point of view, the opposite opinions of Bayle and War- burton might easily be refuted. The former of these maintains that no religion is useful to the body politic ; the latter, on the other hand, asserts that Christianity is its strongest support. To the first it might be proved that no State was ever founded without religion serving as its basis, and to the second, that the Christian law is more injurious than useful to a firm constitution of the State. In order to succeed in making myself understood, I need only give a little more precision to the exceedingly vague ideas about religion in its relation to my subject. Religion, considered with reference to society, which is either general or particular, may also be divided into two kinds, viz, the religion of the man and that of the citizen. The first, without temples, without altars, with- out rites, limited to the purely internal worship of the supreme God and to the eternal duties of morality, is the pure and simple religion of the Gospel, the true theism, * It must, indeed, be remarked that it is not so much the formal as- semblies, like those in France, that bind the clergy into one body, as the communion of churches. Communion and excommunication are the social pact of the clergy, a pact by means of which they will always be the masters of nations and kings. All priests who are of the same communion are fellow citizens, though they are as far asunder as the poles. This invention is a master-piece of policy. There was nothing similar among pagan priests; therefore they never formed a body of clergy. I20 THE SOCIAL CONTRACT and what may be called the natural divine law. The other, inscribed in a single country, gives to it its gods, its peculiar and tutelary patrons. It has its dogmas, its rites, its external worship prescribed by the*aws; out- side the single nation which observes it, everything is for it infidel, foreign, and barbarous ; it extends the duties and rights of men only as far as its altars. Such were all the religions of early nations, to which may be given the name of the divine law, civil or positive. There is a third and more extravagant kind of religion, which, giving to men two sets of laws, two chiefs, two countries, imposes on them contradictory duties, and pre- vents them from being at once devout men and citizens. Such is the religion of the Lamas, such is that of the Japanese, such is Roman Christianity. This may be called the religion of the priest. There results from it a kind of mixed and unsocial law which has no name. Considered politically, these three kinds of religion all have their defects." The third is so evidently bad that it would be a waste of time to stop and prove this. Whatever destroys social unity is good for nothing; all institutions which put a man in contradiction with him- self are worthless. The second is good so far as it combines divine wor- ship with love for the laws, and, by making their coun- try the object of the citizens' adoration, teaches them that to serve the State is to serve the guardian deity. It is a kind of theocracy, in which there ought to be no pontiff but the Prince, no other priests than the magis- trates. Then to die for one's country is to suffer martyr- dom, to violate the laws is to be impious, and to subject a guilty man to public execration is to devote him to the wrath of the gods : Sacer esto. But it is evil in so far as being based on error and falsehood, it deceives men, renders them credulous and superstitious, and obscures the true worship of the Deity with vain ceremonial. It is evil, again, when, becoming exclusive and tyrannical, it makes a nation sanguinary and intolerant, so that it thirsts after nothing but murder and massacre, and believes that it is performing a holy action in killing whosoever does not acknowledge its CIVIL RELIGION 121 gods. This puts such a nation in a natural state of war with all others, which is very prejudicial to its own safety. There remains, then, the religion of man or Christian- ity, not that of to-day, but that of the Gospel, which is quite different. By this holy, sublime, and pure religion, men, children of the same God, all recognize one another as brethren, and the social bond which unites them is not dissolved even at death. But this religion, having no particular relation with the body politic, leaves to the laws only the force that they derive from themselves, without adding to them any other; and thereby one of the great bonds of the partic- ular society remains ineffective. What is more, far from attaching the hearts of citizens to the State, it detaches them from it and from all earthly things. I know of nothing more contrary to the social spirit. We are told that a nation of true Christians would form the most perfect society conceivable. In this supposition I see only one great difficulty — that a so- ciety of true Christians would be no longer a society of men. I say even that this supposed society, with all its per- fection, would be neither the strongest nor the most durable; by virtue of its perfection it would lack cohe- sion; its perfection, indeed, would be its destroying vice. Each man would perform his duty; the people would be obedient to the laws, the chief men would be just and moderate, and the magistrates upright and incor- ruptible; the soldiers would despise death; there would be neither vanity nor luxury. All this is very good; but let us look further. Christianity is an entirely spiritual religion, concerned solely with heavenly things; the Christian's country is not of this world. He does his duty, it is true; but he does it with a profound indifference as to the good or ill success of his endeavors. Provided that he has nothing to reproach himself with, it matters little to him whether all goes well or ill here below. If the State, is flourish- ing, he scarcely dares to enjoy the public felicity; he fears to take a pride in the glory of his country. If the 122 THE SOCIAL CONTRACT State declines, he blesses the hand of God which lies heavy on his people. In order that the society might be peaceable and har- mony maintained, it would be necessary for all citizens without exception to be equally good Christians; but if unfortunately there happens to be in it a single ambitious man, a single hypocrite, a Catiline or a Cromwell for example, such a man will certainly obtain an advantage over his pious compatriots. Christian charity does not suffer men readily to think ill of their neighbors. As soon as a man has found by cunning the art of imposing on them and securing to himself a share in the public authority, he is invested with dignity ; God wills that he should be reverenced. Soon he exercises dominion; God wills that he should be obeyed. The depositary of this power abuses it; this is the rod with which God pun- ishes his children. They would have scruples about driving out the usurper; it would be necessary to disturb the public peace, to employ violence, to shed blood; all this ill accords with the meekness of the Christian, and, after all, does it matter whether they are free or en- slaved in this vale of woes ? The essential thing is to reach paradise, and resignation is but one means the more toward that. Some foreign war comes on ; the citizens march to battle without anxiety; none of them think of flight. They do their duty, but without an ardent desire for victory; they know better how to die than to conquer. What matters it whether they are the victors or the vanquished ? Does not Providence know better than they what is needful for them ? Conceive what an advantage a bold, impetu- ous, enthusiastic enemy can derive from this stoical in- difference! Set against them those noble peoples who are consumed with a burning love of glory and of coun- try. Suppose your Christian republic opposed to Sparta or Rome; the pious Christians will be beaten, crushed, destroyed, before they have time to collect themselves, or they will owe their safety only to the contempt which the enemy may conceive for them. To my mind that was a noble oath of the soldiers of Fabius ; they did not swear to die or to conquer, they swore to retvirn as con- CIVIL RELIGION 123 querors, and kept their oath. Never would Christians have done such a thing; they would have believed that they were tempting God. But I am mistaken in speaking of a Christian repub- lic; each of these two words excludes the other. Chris- tianity preaches only servitude and dependence. Its spirit is too favorable to tyranny for the latter not to profit by it always. True Christians are made to be slaves; they know it and are hardly aroused by it. This' short life has too little value in their eyes. Christian troops are excellent, we are told. I deny it; let them show me any that are such. For my part, I know of no Christian troops. The crusades will be cited. With- out disputing the valor of the crusaders, I shall observe that, far from being Christians, they were soldiers of the priest, citizens of the Church; they fought for their spiritual country, which the Church had somehow ren- dered temporal. Properly regarded, this brings us back to paganism; as the Gospel does not establish a national religion, any sacred war is impossible among Christians. Under the pagan emperors Christian soldiers were brave; all Christian authors afSrm it, and I believe it. There was a rivalry of honor against the pagan troops. As soon as the emperors became Christians, this rivalry no longer subsisted; and when the cross had driven out the eagle, all the Roman valor disappeared. But, setting aside political considerations, let us return to the subject of right and determine principles on this important point. The right which the social pact gives to the sovereign over its subjects does not, as I have said, pass the limits of public utility.* Subjects, then, owe no account of their opinions to the sovereign except so far as those opinions are of moment to the community. Now it is very important for the State that every citizen *«In the commonwealth," says the Marquis d'Argenson, "each is perfectly free in what does not injure others." That is the un- alterable limit; it cannot be more accurately placed. I could not deny myself the pleasure of sometimes quoting this manuscript, although it is not known to the public, in order to do honor to the memory of an illustrious and honorable man, who preserved even in office the heart of a true citizen, and just and sound opinions about the government of his country. 124 THE SOCIAL CONTRACT should have a religion which may make him delight in his duties ; but the dogmas of this religion concern neither the State nor its members, except so far as ^ey affect morality and the duties which he who professes it is bound to perform toward others. Each may have, in ad- dition, such opinions as he pleases, without its being the business of the sovereign to know them; for, as he has no jurisdiction in the other world, the destiny of his subjects in the life to come, whatever it may be, is not his affair, provided they are good citizens in this life. There is, however, a purely civil profession of faith, the articles of which it is the duty of the sovereign to determine, not exactly as dogmas of religion, but as sentiments of sociability, without which it is impossible to be a good citizen or a faithful subject. Without having power to compel any one to believe them, the sovereign may banish from the State whoever does not believe them; it may banish him not as impious, but as unsociable, as incapable of sincerely loving law and justice and of sacrificing at need his life to his duty. But if any one, after publicly acknowledging these dogmas, behaves like an unbeliever in them, he should be punished with death; he has committed the greatest of crimes, he has lied before the laws. The dogmas of civil religion ought to be simple, few in number, stated with precision, and without explana- tions or commentaries. The existence of the Deity, powerful, wise, beneficent, prescient, and bountiful, the life to come, the happiness of the just, the punishment of the wicked, the sanctity of the social contract and of the laws ; these are the positive dogmas. As for the negative dogmas, I limit them to one only, that is, intolerance ; it belongs to the creeds which we have excluded. Those who distinguish civil intolerance from theological intolerance are in my opinion, mistaken. These two kinds of intolerance are inseparable. It is impossible to live at peace with people whom we believe to be damned; to love them would be to hate God who punishes them. It is absolutely necessary to reclaim them or to punish them. Wherever theological intolerance is allowed, it CIVIL RELIGION 125 cannot but have some effect in civil life ;* and as soon as it has any, the sovereign is no longer sovereign even in secular affairs; from that time the priests are the real masters; the kings are only their officers. Now that there is,. and can be, no longer any exclusive national religion, we should tolerate all those which tol- erate others, so far as their dogmas have nothing contrary to the duties of a citizen. But whosoever dares to say: "Outside the Church no salvation," ought to be driven from the State, unless the State be the Church and the Prince be the pontiff. Such a dogma is proper only in a theocratic government ; in any other it is pernicious. The reason for which Henry IV. is said to have embraced the Romish religion ought to have made any honorable man renounce it, and especially any prince who knew how to reason. * Marriage, for example, being a civil contract, has civil conse- quences, without which it is even impossible for society to subsist. Let us, then, suppose that a clergy should succeed in arrogating to itself the sole right to perform this act, a right which it must neces- sarily usurp in every intolerant religion; then, is it not clear that in taking the opportunity to strengthen the Church's authority, it will render ineffectual that of the Prince, which will no longer have any subjects except those which the clergy are pleased to g^ve it? Hav- ing the option of marrying or not marrying people, according as they hold or do not hold such or such a doctrine, according as they admit or reject such or such a formulary, according as they are more or less devoted to it, is it not clear that by behaving prudently and keeping firm, the Church alone will dispose of inheritances, offices, citizens, and the State itself, which cannot subsist when only composed of bastards? But, it will be said, men wUl appeal as against abuses; they will summon, issue decrees, and seize on the temporalities. What a pity ! The clergy, however little they may have, I do not say of courage, but of good sense, will let this be done and go their way ; they will quietly permit appealing, adjourning, decreeing, seizing, and will end by remaining masters. It is not, it seems to me, a great sacrifice to abandon a part, when one is sure of getting possession of the whole. CHAPTER IX. Conclusion. After laying down the principles of political right and attempting to establish the State on its foundations, it would remain to strengthen it in its external relations; which would comprise the law of nations, commerce, the right of war and conquests, public rights, alliances, nego- tiations, treaties, etc. But all this forms a new subject too vast for my limited scope. I ought always to have confined myself to a narrower sphere. (126) SIR THOMAS MORE'S UTOPIA. UTOPIA. BOOK I. Henry VIII., the unconquered King of England, a prince adorned with all the virtues that become a great monarch, having some differences of no small consequence with Charles, the most serene prince of Castile, sent me into Flanders, as his ambassador, for treating and com- posing matters between them. I was colleague and com- panion to that incomparable man Cuthbert Tonstal, whom the king with such universal applause lately made Mas- ter of the Rolls; but of whom I will say nothing; not because I fear that the testimony of a friend will be sus- pected, but rather because his learning and virtues are too great for me to do them justice, and so well known, that they need not my commendations unless I would, according to the proverb, * Show the sun with a lanthorn. " Those that were appointed by the prince to treat with us met us at Bruges, according to agreement; they were all worthy men. The Margrave of Bruges was their head, and the chief man among them; but he that was es- teemed the wisest, and that spoke for the rest, was George Temse, the Provost of Casselsee; both art and nature had concurred to make him eloquent; he was very learned in the law ; and as he had a great capacity, so by a long practice in affairs he was very dextrous at unraveling them. After we had several times met with- out coming to an agreement, they went to Brussels for some days to know the prince's pleasure. And since our business would admit it, I went to Antwerp. While I was there, among many that visited me, there was one that was more acceptable to me than any other, Peter Giles, born at Antwerp, who is a man of great honor, and of a good rank in his town, though less than he de- serves; tor I do not know if there be anywhere to be 9 (129) I30 UTOPIA found a more learned and a better bred young man : for as he is both a very worthy and a very knowing person, so he is so civil to all men, so particularly kmd to his friends, and so full of candor and affection, that there is not perhaps above one or two anywhere to be found that is in all respects so perfect a friend. He is extraordi- narily modest, there is no artifice in him; and yet no man has more of a prudent simplicity; his conversation was so pleasant and so innocently cheerful, that his com- pany in a great measure lessened any longings to go back to my country, and to my wife and children, which an absence of four months had quickened very much. One day as I was returning home from Mass at St. Mary's, which is the chief church, and the most fre- quented of any in Antwerp, I saw him by accident talk- ing with a stranger, who seemed past the flower of his age; his face was tanned, he had a long beard, and his cloak was hanging carelessly about him, so that by his looks and habit I concluded he was a seaman. As soon as Peter saw me, he came and saluted me; and as I was returning his civility, he took me aside, and point- ing to him with whom he had been discoursing, he said, «Do you see that man? I was just thinking to bring him to you. " I answered, " He should have been very welcome on your account.'* "And on his own too," re- plied he, "if you knew the man, for there is none alive that can give so copious an account of unknown nations and countries as he can do ; which I know you very much desire. " Then said I, " I did not guess amiss; for at first sight I took him for a seaman. " " But you are much mistaken," said he, "for he has not sailed as a seaman, but as a traveler, or rather a philosopher. This Raphael, who from his family carries the name of Hythloday, is not ignorant of the Latin tongue, but is eminently learned in the Greek, having applied himself more par- ticularly to that than to the former, because he had given himself much to philosophy, in which he knew that the Romans have left us nothing that is valuable, except what is to be found in Seneca and Cicero. He is a Portuguese by birth, and was so desirous of seeing the world, that he divided his estate among his brothers, run the same hazard UTOPIA 131 as Americus Vespucius, and bore a share in three of his four voyages, that are now published; only he did not return with him in his last, but obtained leave of him almost by force, that he might be one of those twenty- four who were left at the farthest place at which they touched, in their last voyage to New Castile. The leav- ing him thus did not a little gratify one that was more fond of traveling than of returning home, to be buried in his own country; for he used often to say, that the way to heaven was the same from all places; and he that had no grave, had the heaven still over him. Yet this disposition of mind had cost him dear, if God had not been very gracious to him; for after he, with five Castilians, had traveled over many countries, at last, by strange good fortune, he got to Ceylon, and from thence to Calicut, where he very happily found some Portuguese ships; and, beyond all men's expectations, returned to his native country." When Peter had said this to me, I thanked him for his kindness, in intending to give me the acquaintance of a man whose conver- sation he knew would be so acceptable; and upon that Raphael and I embraced each other. After those civili- ties were past which are usual with strangers upon their first meeting, we all went to my house, and entering into the garden, sat down on a green bank, and enter- tained one another in discourse. He told us, that when Vespucius had sailed away, he and his companions that stayed behind in New Castile, by degrees insinuated themselves into the affections of the people of the country, meeting often with them, and treating them gently ; and at lagt they not only lived among them with- out danger, but conversed familiarly with them ; and got so far into the heart of a prince, whose name and country I have forgot, that he both furnished them plen- tifully with all things necessary, and also with the conven- iences of traveling ; both boats when they went by water, and wagons when they traveled over land: he sent with them a very faithful guide, who was to introduce and recommend them to such other princes as they had a mind to see; and after many days' journey, they came to towns, and cities, and to commonwealths, that were 132 UTOPIA both happily governed and well peopled. Under the equa- tor, and as far on both sides of it as the sun moves, there lay vast deserts that were parched with the per- petual heat of the sun; the soil was withered* all things looked dismally, and all places were either quite unin- habited, or abounded with wild beasts and serpents, and some few men, that were neither less wild nor less cruel than the beasts themselves. But as they went farther a new scene opened, all things grew milder, the air less burning, the soil more verdant, and even the beasts were less wild ; and at last there were nations, towns, and cities, that had not only mutual commerce among them- selves, and with their neighbors, but traded both by sea and land, to very remote countries. There they found the conveniences of seeing many countries on all hands, for no ship went any voyage into which he and his companions were not very welcome. The first vessels that they saw were flat-bottomed, their sails were made of reeds and wicker woven close together, only some were of leather; but afterward they found ships made with round keels, and canvas sails, and in all respects like our ships; and the seamen understood both astronomy and navigation. He got wonderfully into their favor by showing them the use of the needle, of which till then they were utterly ignorant. They sailed before with great caution, and only in summer time, but now they count all seasons alike, trusting wholly to the loadstone in which they are perhaps more secure than safe; so that there is reason to fear that this discovery, which was thought would prove so much to their advantage, may by their imprudence become an occasion of much mis- chief to them. But it were too long to dwell on all that he told us he had observed in every place; it would be too great a digression from our present purpose; what- ever is necessary to be told, concerning those wise and prudent institutions which he observed among civilized nations, may perhaps be related by us on a more proper occasion, We asked him many questions concerning all these things, to which he answered very willingly; only we made no inquiries after monsters, than which nothing is more common; for everywhere one may hear of rav- UTOPIA 133 enous dogs and wolves, and cruel man-eaters; but it is not so easy to find states that are well and wisely gov- erned. As he told us of many things that were amiss in those new-discovered countries, so he reckoned up not a few. things from which patterns might be taken for correct- ing the errors of these nations among whom we live; of which an account may be given, as I have already promised, at some other time; for at present I intend only to relate those particulars that he told us of the manners and laws of the Utopians; but I will begin with the occasion that led us to speak of that common- wealth. After Raphael had discoursed with great judg- ment on the many errors that were both among us and these nations; had treated of the wise institutions both here and there, and had spoken as distinctly of the cus- toms and government of every nation through which he had passed, as if he had spent his whole life in it ; Peter being struck with admiration, said, ® I wonder, Raphael, how it comes that you enter into no king's service, for I am sure there are none to whom you would not be very acceptable: for your learning and knowledge, both of men and things, is such, that you would not only enter- tain them very pleasantly, but be of great use to them, by the examples you could set before them, and the advices you could give them; and by this means you would both serve your own interest, and be of great use to all your friends. " " As for my friends, " answered he, " I need not be much concerned, having already done for them all that was incumbent on me ; for when I was not only in good health, but fresh and young, I distributed that among my kindred and friends which other people do not part with till they are old and sick; when they then unwillingly give that which they can enjoy no longer themselves. I think my friends ought to rest contented with this, and not to expect that for their sakes I should enslave myself to any king whatsoever." *' Soft and fair," said Peter, " I do not mean that you should be a slave to any king, but only that you should assist them, and be useful to them. " " The change of the word, " said he, " does not alter the matter." "But term it as you will," replied 134 UTOPIA Peter, * I do not see any other way in which you can be so useful, both in private to your friends, and to the public, and by which you can make your own condition happier. " " Happier ! " answered Raphael, " i^hat to be compassed in a way so abhorrent to my genius ? Now I live as I will, to which I believe few courtiers can pretend. And there are so many that court the favor of great men, that there will be no great loss if they are not troubled either with me or with others of my temper. " Upon this, said I, " I perceive, Raphael, that you neither desire wealth nor greatness ; and indeed I value and admire such a man much more than I do any of the great men in the world. Yet I think you would do what would well become so generous and philosophical a soul as yours is, if you would apply your time and thoughts to public affairs, even though you may happen to find it a little uneasy to yourself: and this you can never do with so much advantage, as by being taken into the counsel of some great prince, and putting him on noble and worthy actions, which I know you would do if you were in such a post; for the springs both of good and evil flow from the prince, over a whole nation, as from a lasting fountain. So much learning as you have, even without practice in affairs, or so great a practice as you have had, without any other learning, would render you a very fit counselor to any king whatsoever." "You are doubly mistaken," said he, "Mr. More, both in your opinion of me, and in the judgment you make of things: for as I have not that capacity that you fancy I have ; so, if I had it, the public would not be one jot the better, when I had sacrificed my quiet to it. , For most princes apply themselves more to affairs of war than to the useful arts of peace; and in these I neither have any knowledge, nor do I miich desire it : they are generally more set on acquiring new kingdoms, right or wrong, than on governing well those they possess. And among the ministers of princes, there are none that are not so wise as to need no assist- ance, or at least that do not think themselves so wise, that they imagine they need none ; and if they court any, it is only those for whom the prince has much personal UTOPIA 1 35 favor, whom by their fawnings and flatteries they en- deavor to fix to their own interests ; and indeed Nature has so made us, that we all love to be flattered, and to please ourselves with our own notions. The old crow loves his young, and the ape her cubs. Now if in such a court, made up of persons who envy all others, and only admire themselves, a person should but propose anything that he had either read in history, or observed in his travels, the rest would think that the reputation of their wisdom would sink, and that their interest would be much de- pressed, if they could not run it down: and if all other things failed, then they would fly to this, that such or such things pleased our ancestors, and it were well for us if we could but match them. They would set up their rest on such an answer, as a sufiicient confutation of all that could be said; as if it were a great misfortune, that any should be found wiser than his ancestors ; but though they willingly let go all the good things that were among those of former ages, yet if better things are proposed they cover themselves obstinately with this excuse of reverence to past times. I have met with these proud, morose, and absurd judgments of things in many places, particularly once in England." "Was you ever there?'* said I. "Yes, I was," answered he, "and stayed some months there, not long after the rebellion in the west was suppressed with a great slaughter of the poor people that were engaged in it. "I was then much obliged to that reverend prelate, John Morton, Archbishop of Canterbury, Cardinal, and Chancellor of England ; a man, " said he, " Peter (for Mr. More knows well what he was), that was not less ven- erable for his wisdom and virtues, than for the high character he bore. He was of a middle stature, not broken with age; his looks begot reverence rather than fear; his conversation was easy, but serious and grave; he some- times took pleasure to try the force of those that came as suitors to him upon business, by speaking sharply, though decently to them, and by that he discovered their spirit and presence of mind, with which he was much delighted, when it did not grow up to impudence, as bearing a great resemblance to his own temper; and he 136 UTOPIA looked on such persons as the fittest men for affairs. He spoke both gracefully and weightily; he was eminently skilled in the law, had a vast understanding, and a pro- digious memory ; and those excellent talents '^ith which Nature had furnished him, were improved by study and experience. When I was in England the king depended much on his counsels, and the government seemed to be chiefly supported by him ; for from his youth he had been all along practiced in affairs ; and having passed through many traverses of fortune, he had with great cost ac- quired a vast stock of wisdom, which is not soon lost when it is purchased so dear. One day when I was din- ing with him there happened to be at table one of the English lawyers, who took occasion to run out in a high commendation of the severe execution of justice upon thieves, who, as he said, were then hanged so fast, that there were sometimes twenty on one gibbet; and upon that he said he could not wonder enough how it came to pass, that since so few escaped, there were yet so many thieves left who were still robbing in all places. Upon this, I who took the boldness to speak freely be- fore the Cardinal, said, there was no reason to wonder at the matter, since this way of punishing thieves was neither just in itself nor good for the public ; for as the severity was too great, so the remedy was not effectual; simple theft not being so great a crime that it ought to cost a man his life, no punishment how severe soever being able to restrain those from robbing who can find out no other way of livelihood. < In this, ' said I, * not only you in England, but a great part of the world imitate some ill masters that are readier to chastise their scholars than to teach them. There are dreadful punishments enacted against thieves, but it were much better to make such good provisions by which every man might be put in a method how to live, and so be preserved from the fatal necessity of stealing and of dying for it.' 'There has been care enough taken for that,> said he, 'there are many handicrafts, and there is husbandry, by which they may make a shift to live unless they have a greater mind to follow ill courses.' they may in that free way of conversation find out the force of every one's spirit, and observe his temper. They dis- patch their dinners quickly, but sit long at supper; because they go to work after the one, and are to sleep after the other, during which they think the stomach carries on the concoction more vigorously. They never sup without music; and there is always fruit served up after meat; while they are at table, some burn perfumes, and sprinkle about fragrant ointments and sweet waters: in short, they want nothing that may cheer up their spirits; they give themselves a large allowance that way, and indulge themselves in all such pleasures as are attended with no inconvenience. Thus do those that are in the towns live together; but in the country, where they live at great distance, every one eats at home, and no family wants any necessary sort of provision, for it is from them that provisions are sent unto those that live in the towns. Of the Traveling of the Utopians. If any man has a mind to visit his friends that live in some other town, or desires to travel and see the rest of the country, he obtains leave very easily from the Sypho- grant and Tranibors, when there is no particular occasion^ for him at home. Such as travel, carry with them a pass- port from the Prince, which both certifies the license that is granted for traveling, and limits the time of their return. They are furnished with a wagon and a slave, who drives the oxen and looks after them: but unless there are women in the company, the wagon is sent back at the end of the journey as a needless encumbrance. While they are on the road they carry no provisions with them; yet they want nothing, but are everyivhere treated as if they were at home. If they stay in any place longer than a night, every one follows his proper occupation, and is very well used by those of his own trade: but if any man goes out of the city to which he belongs, without leave, and is found rambling without |UTOPIA I 179 a passport, he is severely treated, he is punished as a fugitive, and sent home disgracefully ; and if he falls again into the like fault, is condemned to slavery. If any man has a mind to travel only over the precinct of his own city, he may freely do it, with his father's permis- sion and his wife's consent; but when he comes into any of the country houses, if he expects to be entertained by them, he must labor with them and conform to their rules: and if he does this he may freely go over the whole precinct; being thus as useful to the city to which he belongs, as if he were still within it. Thus you see that there are no idle persons among them, nor pretenses of excusing any from labor. There are no taverns, no alehouses nor stews among them ; nor any other occasions of corrupting each other, of getting into corners, or form- ing themselves into parties: all men live in full view, so that all are obliged, both to perform their ordinary task and to employ themselves well in their spare hours. And it is certain that a people thus ordered must live in great abundance of all things; and these being equally distributed among them no man can want or be obliged to beg. In their great council at Amaurot, to which there are three sent from every town once a year, they examine what towns abound in provisions, and what are under any scarcity, that so the one may be furnished from the other; and this is done freely, without any sort of ex- change; for according to their plenty or scarcity, they supply, or are supplied from one another; so that indeed the whole island is, as it were, one family. When they have thus taken care of their whole country, and laid up stores for two years, which they do to prevent the ill consequences of an unfavorable season, they order an ex- portation of the overplus, both of com, honey, wool, flax, wood, wax, tallow, leather, and cattle; which they send out commonly in great quantities to other nations. They order a seventh part of all these goods to be freely given to the poor of the countries to which they send them, and sell the rest 1 at moderate rates. And by this ex- change, they not only bring back those few things that they need at home (for indeed they scarce need any- i8o UTOPIA thing but iron), but likewise a great deal of gold and sil- ver ; and by their driving this trade so long, it is not to be imagined how vast a treasure they have got aapong them : so that now they do not much care whether they sell oflE their merchandise for money in hand, or upon trust. A great part of their treasure is now in bonds; but in all their contracts no private man stands bound, but the writing runs in the name of the town; and the towns that owe them money, raise it from those private hands that owe it to them, lay it up in their public chamber, or enjoy the proiit of it till the Utopians call for it ; and they choose rather to let the greatest part of it lie in their hands who make advantage by it, than to call for it themselves : but if they see that any of their other neigh- bors stand more in need of it, then they call it in and lend it to them: whenever they are engaged in war, which is the only occasion in which their treasure can be usefully employed, they make use of it themselves. In great extremities or sudden accidents they employ it in hiring foreign troops, whom they more willingly expose to danger than their own people: they give them great pay, knowing well that this will work even on their ene- mies, that it will engage them either to betray their own side, or at least to desert it, and that it is the best means of raising mutual jealousies among them: for this end they have an incredible treasure; but they do not keep it as a treasure, but in such a manner as I am almost afraid to tell, lest you think it so extravagant, as to be hardly credible. This I have the more reason to appre- hend, because if I had not seen it myself, I could not have been easily persuaded to have believed it upon any man's report. It is certain that all things appear incredible to us, in proportion as they differ from our own customs. But one who can judge aright, will not wonder to find, that since their constitution differs so much from ours, their value of gold and silver should be measured by a very differ- ent standard ; for since they have no use for money among themselves, but keep it as a provision against events which seldom happen, and between which there are gen- erally long intervening intervals; they Value it no fur- UTOPIA i8i tlier than it deserves, that is, in proportion to its use. So that it is plain, they must prefer iron either to gold or silver: for men can no more live without iron, than without fire or water; but Nature has marked out no use for the other metals, so essential as not easily to be dis- pensed with. The folly of men has enhanced the value of gold and silver, because of their scarcity. Whereas, on , the contrary, it is their opinion that Nature, as an induf^ gent parent, has freely given us all the best things in, great abundance, such as water and earth, but has laid up and hid from us the things that are vain and useless. If these metals were laid up in any tower in the king- dom, it would raise a jealousy of the Prince and Senate, \ and give birth to that foolish mistrust into which the people are apt to fall, a jealousy of their intending to sacrifice the interest of the public to their own private , advantage. If they should work it into vessels, or any sort of plate, they fear that the people might grow too fond of it, and so be unwilling to let the plate be run down, if a war made it necessary to employ it in paying their soldiers. To prevent all these inconveniences, they - have fallen upon an expedient, which as it agrees with their other policy, so is it very different from ours, and will scarce gain belief among us, who value gold so much, and lay it up so carefully. They eat and drink out of vessels of earth, or glass, which make an agreeable ap- pearance though formed of brittle materials: while they make their chamber-pots and close-stools of gold and sil- ver; and that not only in their public halls, but in their private houses: of the same metals they likewise make chains and fetters for their slaves; to some of which, as a badge of infamy, they hang an earring of gold, and make others wear a chain or a coronet of the same metal ; and thus they take care, by all possible means, to render .gold and silver of no esteem. And from hence it is, that while other nations part with their gold and silver, as unwillingly as if one tore out their bowels, those of Uto- pia would look on their giving in all they possess of those (metals, when there were any use for them) but as the parting with a trifle, or as we would esteem the loss of a penny. They find pearls on their coast; and diamonds i82 UTOPIA and carbuncles on their rocks; they do not look after them, but if they find them by chance, they polish them, and with them they adorn their children, -who are de- lighted with them, and glory in them during their child- hood; but when they grow to years, and see that none but children use such baubles, they of their own accord, without being bidden by their parents, lay them aside ; and would be as much ashamed to use them afterward, as children among us, when they come to years, are of their puppets and other toys. I never saw a clearer instance of the opposite impres- sions that different customs make on people, than I observed in the ambassadors of the Anemolians, who came to Amaurot when I was there. As they came to treat of affairs of great consequence, the deputies from several towns met together to wait for their coming. The ambassadors of the nations that lie near Utopia, knowing their cus- toms, and that fine clothes are in no esteem among them, that silk is despised, and gold is a badge of infamy, used to come very modestly clothed; but the Anemolians lying more remote, and having had little commerce with them, understanding that they were coarsely clothed, and all in the same manner, took it for granted that they had none of those fine things among them of which they made no use ; and they being a vain-glorious rather than a wise people, resolved to set themselves out with so much pomp, that they should look like gods, and strike the eyes of the poor Utopians with their splendor. Thus three ambassadors made their entry with an hun- dred attendants, all clad in garments of different colors, and the greater part in silk ; the ambassadors themselves, who were of the nobility of their country, were in cloth of gold, and adorned with massy chains, earrings and rings of gold: their caps were covered with bracelets set full of pearls and other gems: in a word, they were set out with all those things that, among the Utopians, were either the badges of slavery, the marks of infamy, or the playthings of children. It was not unpleasant to see, on the one side, how they looked big, when they compared their rich habits with the plain clothes of the Utopians, who were come out in great numbers to see UTOPIA 183 them make their entry: and, on the other, to observe how much they were mistaken in the impression which they hoped this pomp would have made on them. It appeared so ridiculous a show to all that had never stirred out of their country, and had not seen the customs of other nations, that though they paid some reverence to those that were the most meanly clad, as if they had been the ambassadors, yet when they saw the ambassadors them- selves, so full of gold and chains, they looked upon them as slaves, and forbore to treat them with reverence. You might have seen the children, who were grown big enough to despise their playthings, and who had thrown away their jewels, call to their mothers, push them gently, and cry out, " See that great fool that wears pearls and gems, as if he were yet a child. " While their mothers very inno- cently replied, " Hold your peace, this I believe is one of the ambassador's fools." Others censured the fashion of their chains, and observed that they were of no use ; for they were too slight to bind their slaves, who could easily break them; and besides hung so loose about them, that they thought it easy to throw them away, and so get from them. But after the ambassadors had stayed a day among them, and saw so vast a quantity of gold in their houses, which was as much despised by them as it was esteemed in other nations, and beheld more gold and silver in the chains and fetters of one slave than all their ornaments amounted to, their plumes fell, and they were ashamed of all that glory for which they had formerly valued themselves, and accordingly laid it aside ; a reso- lution that they immediately took when on their engag- ing in some free discourse with the Utopians, they discovered their sense of such things and their other cus- toms. The Utopians wonder how any man should be so much taken with the glaring, doubtful lustre of a jewel or a stone, that can look up to a star, or to the sun himself; or how any should value himself because his cloth is made of a finer thread : for how fine soever that thread may be, it was once no better than the fleece of a sheep, and that sheep was a sheep still for all its wearing it. They wonder much to hear that gold, which in itself is so useless a thing, should be everywhere so much esteemed, i84 UTOPIA that even men for whom it was made, and by whom it has its value, should yet be thought of less value than this metal. That a man of lead, who has no more sense than a log of wood, and is as bad as he is foolish, should have many wise and good men to serve him, only because he has a great heap of that metal ; and that if it should happen that by some accident or trick of law (which sometimes produces as great changes as chance itself) all this wealth should pass from the master to the meanest varlet of his whole family, he himself would very soon become one of his servants, as if he were a thing that belonged to his wealth, and so were bound to follow its fortune. But they much more admire and de- test the folly of those who when they see a rich man, though they neither owe him anything, nor are in any sort dependent on his bounty, yet merely because he is rich give him little less than divine honors; even though they know him to be so covetous and base-minded, that notwithstanding all his wealth, he will not part with one farthing of it to them as long as he lives. These and such like notions have that people imbibed, partly from their education, being bred in' a country whose customs and laws are opposite to all such foolish maxims, and partly from their learning and studies; for though there are but few in any town that are so wholly excused from labor as to give themselves entirely up to their studies, these being only such persons as discover from their childhood an extraordinary capacity and dis- position for letters; yet their children, and a great part of the nation, both men and women, are taught to spend those hours in which they are not obliged to work in reading: and this they do through the whole progress of life. They have all their learning in their own tongue, which is both a copious and pleasant language, and in which a man can fully express his mind. It runs over a great tract of many countries, but it is not equally pure in all places. They had never so much as heard of the names of any of those philosophers that are so famous in these parts of the world, before we went among them ; and yet they had made the same discoveries as the Greeks, both in music, logic, arithmetic, and geometry. But as UTOPIA i8s they are almost in everything equal to the ancient phil- osophers, so they far exceed our modem logicians; for they have never yet fallen upon the barbarous niceties that our youth are forced to learn in those trifling logical schools that are among us; they are so far from mind- ing chimeras, and fantastical images made in the mind, that none of them could comprehend what we meant when we talked to them of a man in the abstract, as common to all men in particular (so that though we spoke of him as a thing that we could point at with our fingers, yet none of them could perceive him), and yet distinct from every one, as if he were some mon- strous Colossus or giant. Yet for all this ignorance of these empty notions, they knew astronomy, and were perfectly acquainted with the motions of the heavenly bodies, and have many instruments, well contrived and divided, by which they very accurately compute the course and positions of the sun, moon, and stars. But. for the cheat, of divining by the stars, by their oppo- sitions or conjunctions, it has not so much as entered into their thoughts. They have a particular sagacity, founded upon much observation, in judging of the weather, by which they know when they may look for rain, wind, or other alterations in the air; but as to the philosophy of these things, the causes of the saltness of the sea, of its ebbing and flowing, and of the origin and nature both of the heavens and the earth; they dispute of them, partly as our ancient philosophers have done, and partly upon some new hypothesis, in which, as they differ from them, so they do not in all things agree among themselves. As to moral philosophy, they have the same disputes among them as we have here: they examine what are properly good both for the body and the mind, and whether any outward thing can be called truly good, or if that term belongs only to the endowments of the soul. They inquire likewise into the nature of virtue and pleasure ; but their chief dispute is concerning the happiness of a man, and wherein it consists ? Whether in some one thing, or in a great many ? They seem, indeed, more inclinable to that opinion that places, if not the whole, yet the chief part of 1 86 UTOPIA a man's happiness in pleasure ; and, wliat may seem more strange, they make use of arguments even from religion, notwithstanding its severity and roughness, f^ the sup- port of that opinion so indulgent to pleasure; for they never dispute concerning happiness without fetching some arguments from the principles of religion, as well as from natural reason, since without the former they reckon that all our inquiries after happiness must be but conjectural and defective. These are their religious principles, that the soul of man is immortal, and that God of his goodness has de- signed that it should be happy; and that he has there- fore appointed rewards for good and virtuous actions, and punishments for vice, to be distributed after this life. Though these principles of religion are conveyed down among them by tradition, they think that even reason itself determines a man to believe and acknowledge them, and freely confess that if these were taken away no man would be so insensible as not to seek after pleasure by all possible means, lawful or unlawful; using only this caution, that a lesser pleasure might not stand in the way of a greater, and that no pleasure ought to be pursue.d that should draw a great deal of pain after it; for they think it is the maddest thing in the world to pursue virtue, that is a sour and difficult thing; and not only to renounce the pleasures of life, but willingly to undergo much pain and trouble, if a man has no prospect of a reward. And what reward can there be for one that has passed his whole life, not only without pleasure, but in pain, if there is nothing to be expected after death ? Yet they do not place happiness in all sorts of pleasures, but only in those that in themselves are good and honest. There is a party among them who place happiness in bare virtue; others think that our natures are conducted by virtue to happiness, as that which is the chief good of man. They define virtue thus, that it is a living accord- ing to Nature, and think that we are made by God for that end; they believe that a man then follows the dictates of Nature when he pursues or avoids things according to the direction of reason; they say that the first dictate of reason is the kindling in us a love and reverence for the UTOPIA 187 Divine Majesty, to whom we owe both all that we have, and all that we can ever hope for. In the next place, rea- son directs ns to keep our minds as free from passion and as cheerful as we can, and that we should consider ourselves as bound by the ties of good-nature and humanity to use our utmost endeavors to help forward the happiness of all other persons; for there never was any man such a morose and severe pursuer of virtue, such an enemy to pleasure, that though he set hard rules for men to undergo much pain, many watchings, and other rigors, yet did not at the same time advise them to do all they could, in order to relieve and ease the miserable, and who did not represent gentleness and good nature as amiable dispositions. And from thence they infer that if a man ought to advance the welfare and comfort of the rest of mankind, there being no virtue more proper and peculiar to our nature, than to ease the miseries of others, to free from trouble and anxiety, in furnishing them with the comforts of life, in which pleasure consists, Nature much more vigorously leads them to do all this for himself. A life of pleasure is either a real evil, and in that case we ought not to assist others in their pursuit of it, but on the contrary, to keep them from it all we can, as from that which is most hurtful and deadly; or if it is a good thing, so that we not only may, but ought to help others to it, why then ought not a man to begin with himself ? Since no man can be more bound to look after the good of another than after his own; for Nature cannot direct us to be good and kind to others, and yet at the same time to be unmerciful and cruel to ourselves. Thus, as they define virtue to be living according to Nature, so they imagine that Nature prompts all people on to seek after pleasure, as the end of all they do. They also observe that in order to our supporting the pleasures of life. Nature inclines us to enter into society; for there is no man so much raised above the rest of mankind as to be the only favorite of Nature, who, on the contrary, seems to have placed on a level all those that belong to the same species. Upon this they infer that no man ought to seek his own conveniences so eagerly as to prejudice others, and therefore they think that not only i88 UTOPIA all agreements between private persons ought to be observed; but likewise that all those laws ought to be kept, which either a good prince has published in due form, or to which a people, that is neither oppressed with t3a"anny nor circumvented by fraud, has consented, for distributing those conveniences of life which afford us all our pleasures. They think it is an evidence of true wisdom for a man to pursue his own advantages, as far as the laws allow it. They account it piety to prefer the public good to one's private concerns; but they think it unjust for a man to seek for pleasure, by snatching another man's pleasures from him. And on the contrary, they think it a sign of a gentle and good soul, for a man to dispense with his own advantage for the good of others; and that by this means a good man finds as much pleasure one way, as he parts with another; for as he may expect the like from others when he may come to need it, so if that should fail him, yet the sense of a good action, and the reflections that he makes on the love and gratitude of those whom he has so obliged, gives the mind more pleasure than the body could have found in that from which it had restrained itself. They are also persuaded that God will make up the loss of those small pleasures, with a vast and endless joy, of which religion easily con- vinces a good soul. Thus upon an inquiry into the whole matter, they reckon that all our actions, and even all our virtues, terminate in pleasure, as in our chief end and greatest happiness ; and they call every motion or state, either of body or mind, in which Nature teaches us to delight, a pleasure. Thus they cautiously limit pleasure only to those appetites to which Nature leads us; for they say that Nature leads us only to those delights to which rea- son as well as sense carries us, and by which we neither injure any other person, nor lose the possession of greater pleasures, and of such as draw no troubles after them; but they look upon those delights which men by a fool- ish, though common, mistake call pleasure, as if they could change as easily the nature of things as the use of words; as things that greatly obstruct their real happi- UTOPIA 189 ness, instead of advancing it, because they so entirely possess the minds of those that are once captivated by them with a false notion of pleasure, that there is no room left for pleasures of a truer or purer kind. There are many things that in themselves have noth- ing that is truly delightful ; on the contrary, they have a good deal of bitterness in them: and yet from our per- verse appetites after forbidden objects, are not only ranked among the pleasures, but are made even the greatest de- signs of life. Among those who pursue these sophisti- cated pleasures, they reckon such as I mentioned before, who think themselves really the better for having fine clothes; in which they think they are doubly mistaken, both in the opinion they have of their clothes, and in that they have of themselves: for if you consider the use of clothes, why should a fine thread be thought bet- ter than a coarse one ? And yet these men, as if they had some real advantages beyond others, and did not owe them wholly to their mistakes, look big, seem to fancy themselves to be more valuable, and imagine that a respect is due to them for the sake of a rich garment, to which they would not have pretended if they had been more meanly clothed; and even resent it as an affront, if that respect is not paid them. It is also a great folly to be taken with outward marks of respect, which sig- nify nothing : for what true or real pleasure can one man find in another's standing bare, or making legs to him ? Will the bending of another man's knees give ease to yours ? And will the head's being bare cure the madness of yours ? And yet it is wonderful to see how this false notion of pleasure bewitches many who delight them- selves with the fancy of their nobility, and are pleased with this conceit, that they are descended from ances- tors, who have been held for some successions rich, and who have had great possessions ; for this is all that makes nobility at present; yet they do not think themselves a whit the less noble, though their immediate parents have left none of this wealth to them, or though they them- selves have squandered it away. The Utopians have no better opinion of those who are much taken with gems and precious stones, and who account it a degree of hap- I90 UTOPIA piness, next to a divine one, if they can purchase one that is very extraordinary, especially if it be of that sort of stones that is then in greatest request; for the same sort is not at all times universally of the same value; nor will men buy it unless it be dismounted and taken out of the gold; the jeweler is then made to give good security, and required solemnly to swear that the 5tone is true, that by such an exact caution a false one might not be bought instead of a true: though if you were to examine itj your eye could iind no difference between the counterfeit and that which is true; so that they are all one to you as much as if you were blind. Or can it be thought that they who heap up an useless mass of wealth, not for any use that it is to bring them, but merely to please themselves with the contemplation of it, enjoy any true pleasure in it?. The delight they find is only a false shadow of joy. Those are no better whose error is somewhat different from the former, and who hide it, out of their fear of losing it; for what other name can fit the hiding it in the earth, or rather the restoring it to it again, it being thus cut off from being useful, either to its owner or the rest of mankind? And yet the owner having hid it carefully, is glad, because he thinks he is now sure of it. If it should be stolen, the owner, though he might live perhaps ten years after the theft, of which he knew nothing, would find no dif- ference between his having or losing it ; for both ways it was equally useless to him. Among those foolish pursuers of pleasure, they reckon all that delight in hunting, in fowling, or gaming: of whose madness they have only heard, for they have no such things among them. But they have asked us, what sort of pleasure is it that men can find in throwing the dice ? For if there were any pleasure in it, they think the doing of it so often should give one a surfeit of it: and what pleasure can one find in hearing the barking and howl- ing of dogs, which seem rather odious than pleasant sounds? Nor can they comprehend the pleasure of see- ing dogs run after a hare, more than of seeing one dog run after another; for if the seeing them run is that which gives the pleasure, you have the same entertainment to UTOPIA 191 the eye on both these occasions, since that is the same in both cases; but if the pleasure lies in seeing the hare killed and torn by the dogs, this ought rather to stir pity, that a weak, harmless and fearful hare should be devoured by strong, fierce, and cruel dogs. Therefore all this business of hunting is, among the Utopians, turned over to their butchers; and those, as has been already said, are all slaves, and they look on hunting as one of the basest parts of a butcher's work : for they ac- count it both more profitable and more decent to kill those beasts that are more necessary and useful to man- kind; whereas the killing and tearing of so small and miserable an animal can only attract the huntsman with a false show of pleasure, from which he can reap but small advantage. They look on the desire of the blood- shed, even of beasts, as a mark of a mind that is already corrupted with cruelty, or that at least by the frequent returns of so brutal a pleasure must degenerate into it. Thus, though the rabble of mankind look upon these, and on innumerable other things of the same nature, as pleasures, the Utopians, on the contrary, observing that there is nothing in them truly pleasant, conclude that they are not to be reckoned among pleasures : for though these things may create some tickling in the senses (which seems to be a true notion of pleasure), yet they iinagine that this does not arise from the thing itself, but from a depraved custom, which may so vitiate a man's taste, that bitter things may pass for sweet; as women with child think pitch or tallow tastes sweeter than honey; but as a man's sense when corrupted, either by a disease or some ill habit, does not change the nature of other things, so neither can it change the nature of pleasure. They reckon up several sorts of pleasures, which they call true ones : some belong to the body and others to the m ind. The pleasures of the mind lie in knowledge, and in that delight which the contemplation of truth carries with it; to which they add the joyful reflections on a well-spent life, and the assured hopes of a future happiness. They divide the pleasures of the body into two^ sorts ; the one is -that which -gives oair senses some real delight, and is performed, either by recruiting 192 UTOPIA naturCj and supplying those parts which feed the internal heat of life by eating and drinking; or when nature is eased of any surcharge that oppresses it; when we are relieved from sudden pain, or that which arises from satisfying the appetite which Nature has wisely given to lead us to the propagation of the species. There is another kind of pleasure that arises neither from our receiving what the body requires, nor its being relieved when overcharged, and yet by a secret, unseen virtue affects the senses, raises the passions, and strikes the mind with generous impressions ; this is the pleasure that arises from music. Another kind of bodily pleasure is that which results from an undisturbed and vigorous constitution of body, when life and active spirits seem to actuate every part. This lively health, when entirely free from all mixture of pain, of itself gives an inward pleasure, independent of all external objects of delight; and though this pleasure does not so powerfully affect us, nor act so strongly on the senses as some of the others, yet it may be esteemed as the greatest of all pleasures, and almost all the Utopians reckon it the foundation and basis of all the other joys of life ; since this alone makes the state of life easy and desirable; and when this is wanting, a man is really capable of no other pleasure. They look upon freedom from pain, if it does not rise from perfect health, to be a state of stupidity rather than of pleasure. This subject has been very narrowly can- vassed among them; and it has been, debated whether a firm and entire health could be called a pleasure or not ? Some have thought that there was no pleasure but what was excited by some sensible motion in the body. But this opinion has been long ago excluded from among them, so that now they almost universally agree that health is the greatest of all bodily pleasures; and that as there is a pain in sickness, which is as opposite in its nature to pleasure as sickness itself is to health, so they hold, that health is accompanied with pleasure; and if any should say that sickness is not really pain, but that it only carries pain along with it, they look upon that as a fetch of subtilty, that does not much alter the mat- ter. It is all one, in their opinion, 'whether it be said UTOPIA 193 that health is in itself a pleasure, or that it begets a pleasure, as fire gives heat; so it be granted, that all those whose health is entire have a true pleasure in the enjoyment of it: and they reason thus — what is the pleasure of eating, but that a man's health which had been weakened, does, with the assistance of food, drive away hunger, and so recruiting itself recovers its former vigor ? And being thus refreshed, it finds a pleasure in that conflict; and if the conflict is pleasure, the victory must yet breed a greater pleasure, except we fancy that it becomes stupid as soon as it has obtained that which it pursued, and so neither knows nor rejoices in its own welfare. If it is said that health cannot be felt, they absolutely deny it; for what man is in health that does not perceive it when he is awake ? Is there any man that is so dull and stupid as not to acknowledge that he feels a delight in health ? And what is delight but another name for pleasure ? But of all pleasures, they esteem those to be most valuable that lie in the mind; the c hief of v^ich a rises _outjo£jruejyirtiie, and thejwitries£~Qf_A_gQod_^nscience. They account health the chief pleasure that belongs to the body; for they think that the pleasure of eating and drinking and. all^ the _Qther_d£Hglits-jadLs&uaet, are only so far desirable_as_they give, or, maintain health. But they are^lQot~pleasant_iS.- themselves, otherwise than as they resist those impressions that our natural infirmities are still making upon us : for as a wise man desires rather to avoid diseases than to take physic ; and to be freed from pain, rather than to find ease by remedies ; so it is more desirable not^ to need this j ort of _pleas.u-r&-_Jhan to be obliged to indulge it. If any man i^goagines that there is a "real happiness in these enjoyments, he must then con- fess that he would be the happiest of all men if he were to lead his life in perpetual hunger, thirst, and itching, and by consequence in perpetual eating, drink- ing, and scratching himself; which any one may easily see would be not only a base, but a miserable state of a life. These are indeed the lowest of _pleasm-es, and the least pure; for we can never relish them, but when they are nu^ with the contrary pains. The pain of hunger 13 194 UTOPIA must give us the pleasure of eating; and here the pain outbalances the pleasure; and as the pain is more vehe- ment, so it lasts much longer; for as it beeips before the pleasure, so it does not cease but with the pleasure that extinguishes it, and both expire together. They think, therefore, none of those pleasures are to be valued any further than as they are necessary; yet they rejoice in them, and with due gratitude acknowledge the ten- derness of the great Author of Nature, who has planted in us appetites, by which those things that are necessary for our preservation are likewise made pleasant to us. For how miserable a thing would life be, if those daily diseases of hunger and thirst were to be carried off hy such bitter drugs as we must use for those dis- eases that return seldomer upon us ? And thus these pleasant as well as proper gifts of Na,ture maintain the strength and sprightliness of our bodies. They also entertain themselves with the other delights let in at their eyes, their ears, and their nostrils, as the pleasant relishes and seasonings of life, which Nature seems to have marked out peculiarly for man; since no other sort of animal contemplates the figure and beauty of the universe ; nor is delighted with smells, any farther than as they -distinguish meats by them; nor do they apprehend the concords or discords of sound: yet in all pleasures whatsoever they take care that a lesser joy does not hinder a greater, and that pleasure may never breed pain, which they think always follows dishonest pleasures. But they think it madness for a man to wear out the beauty of his face, or the force of his natural strength; to corrupt the sprightliness of his body by sloth and laziness, or to waste it by fasting; that it is madness to weaken the strength of his constitution, and reject the other delights of life, unless by renouncing his own sat- isfaction, he can either serve the public or promote the happiness of others, for which he expects a greater rec- ompense from God. So that they look on such a course of life as the mark of a mind that is both cruel to itself, and ungrateful to the Author of Nature, as if we would not be beholden to him for his favors, and therefore reject all his blessings; as one who should afflict him- UTOPIA 195 self for the empty shadow of virtue; or for no better end to render himself capable of bearing those misfor tunes which possibly will never happen. This is their notion of virtue and of pleasure: they think no man's reason can carry him to a truer idea of them, unless some discovery from Heaven should inspire him with sublimer notions. I have not now the leisure to examine whether they think right or wrong in this matter; nor do I judge it necessary, for I have only un- dertaken to give you an account of their constitution, but not to defend all their principles. I am sure, that what- soever may be said of their notions, there is not in the whole world either a better people or a happier govern- ment: their bodies are vigorous and lively; and though they are but of a middle stature, and have neither the most fruitful soil nor the purest air in the world, yet they fortify themselves so well by their temperate course of life, against the unhealthiness of their air, and by their industry they so cultivate their soil, that there is no- where to be seen a greater increase both of com and cattle, nor are there anywhere healthier men, and freer from diseases: for one may there see reduced to prac- tice, not only all the art that the husbandman employs in manuring and improving an ill soil, but whole woods plucked up by the roots, and in other places new ones planted, where there were none before. Their principal motive for this is the convenience of carriage, that their timber may be either near their towns, or growing on the banks of the sea, or of some rivers, so as to be floated to them; for it is a harder work to carry wood any distance over land than com. The people are in- dustrious, apt to learn, as well as cheerful and pleasant; and none can endure more labor, when it is necessary; but except in that case they love their ease. They are unwearied pursuers of knowledge ; for when we had given them some hints of the learning and discipline of the Greeks, concerning whom we only instructed them (for we know that there was nothing among the Romans, except their historians and their poets, that they would value much), it was strange to see how eagerly they were set on learning that language. We began to read 196 UTOPIA a little of it to them, rather in compliance with their importunity, than out of any hopes of their reaping from it any great advantage. But after a very short trial, we found they made such progress, that we saw our labor was like to be more successful than we could have expected. They learned to write their characters, and to pronounce their language so exactly, had so quick an apprehension, they remembered it so faithfully, and became so ready and correct in the use of it, that it would have looked like a miracle if the greater part of those whom we taught had not been men both of extraordinary capacity and a fit age for instruction. They were for the greatest part chosen from among their learned men, by their chief council, though some studied it of their own accord. In three years' time they became masters of the whole language, so that they read the best of the Greek authors very exactly. I am indeed apt to think that they learned that language the more easily, from its having some relation to their own. I believe that they were a colony of the Greeks; for though their lan- guage comes nearer the Persian, yet they retain many names, both for their towns and magistrates, that are of- Greek derivation. I happened to carry a great many books with me, instead of merchandise, when I sailed my fourth voyage; for I was so far from thinking of soon coming back, that I rather thought never to have returned at all, and I gave them all my books, among which were many of Plato's and some of Aristotle's works. I had also Theophrastus on Plants, which to my great regret, was imperfect ; for having laid it carelessly by, while we were at sea, a monkey had seized upon it, and in many places torn out the leaves. They have no books of grammar but Lascares, for I did not carry Theodoras with me; nor have they any dictionaries but Hesichius and Dioscorides. They esteem Plutarch highly, and were much taken with Lucian's wit, and with his pleasant way of writing. As for the poets, they have Aristophanes, Homer, Euripides, and Sophocles of Aldus's edition; and for historians Thucydides, Herodotus and Herodian. One of my com- panions, Thricius Apinatus, happened to carry with him some of Hippocrates's works, and Galen's Microtechne, UTOPIA 197 which they hold in great estimation; for though there is no nation in the world that needs physic so little as they do, yet there is not any that honors it so much: they reckon the knowledge of it one of the pleasantest and most profitable parts of philosophy, by which, as they search into the secrets of Nature, so they not only find this study highly agreeable, but think that such inquiries are very acceptable to the Author of Nature ; and imagine that as he, like the inventors of curious engines among man- kind, has exposed this great machine of the universe to the view of the only creatures capable of contemplating it, so an exact and curious observer, who admires his workmanship, is much more acceptable to him than one of the herd, who like a beast incapable of reason, looks on this glorious scene with the eyes of a dull and uncon- cerned spectator. The minds of the Utopians when fenced with a love' for learning, are very ingenious in discovering all such arts as are necessary to carry it to perfection. Two things they owe to us, the manufacture of paper, and the art of printing: yet they are not so entirely indebted to us for these discoveries, but that a great part of the in- vention was their own. We showed them some books printed by Aldus, we explained to them the way of mak- ing paper, and the mystery of printing; but as we had never practiced these arts, we described them in a crude and superficial manner. They seized the hints we gave them, and though at first they could not arrive at per- fection, yet by making many essays they at last found out and corrected all their errors, and conquered every difficulty. Before this they only wrote on parchment, on reeds, or on the barks of trees; but now they have es- tablished the manufactures of paper, and set up printing- presses, so that if they had but a good number of Greek authors they would be quickly supplied with many cop- ies of them: at present, though they have no more than those I have mentioned, yet by several impressions they have multiplied them into many thousands. If any man were to go among them that had some extraordinary talent or that by much traveling had observed the customs of many nations (which made us to be so well received), 198 UTOPIA he would receive a hearty welcome; for they are very desirous to know the state of the whole world. Very few go among them on the account of traffic, fOT what can a man carry to them but iron, or gold, or silver, which merchants desire rather to export than import to a strange country; and as for their exportation, they think it better to manage that themselves than to leave it to foreigners, for by this means, as they understand the state of the neighboring countries better, so they keep up the art of navigation, which cannot be maintained but by much practice. Of Their Slaves, and of Their Marriages. They do not make slaves of prisoners of war, ex- cept those that are taken in battle; nor of the sons of their slaves, nor of those of other nations: the slaves among them are only such as are condemned to that state of life for the commission of some crime, or, which is more common, such as their merchants find condemned to die in those parts to which they trade^ whom they sometimes redeem at low rates-, and in other places have them for nothing. They are kept at perpetual labor, and are always chained, but with this difference, that their own natives are treated much worse than others; they are considered as more profligate than the rest, and since they could not be restrained by the advantages of so excellent an educa- tion, are judged worthy of harder usage. Another sort of slaves are the poor of neighboring countries, who offer of their own accord to come and serve them; they treat these better, and use them in all other respects as well as their own countrymen, except their imposing more labor upon them, which is no hard task to those who have been accustomed to it ; and if any of these have a mind to go back to their own country, which indeed falls out but seldom, as they do not force them to stay, so they do not send them away empty-handed. I have already told you with what care they look after their sick, so that nothing is left undone that can con- tribute either to their ease or health ; and for those who UTOPIA 199 are taken with fixed and incurable diseases, they use all possible ways to cherish them and to make their lives as comfortable as possible. They visit them often, and take great pains to make their time pass off easily; but when any are taken with a torturing and lingering pain, so that there is no hope, either of recovery or ease, the priests and magistrates come and exhort, them, that since they are now unable to go on with the business oi life, are become a burden to themselves and to all about them, and they have really outlived themselves, they should no longer nourish such a rooted distemper, but choose rather to die, since they cannot live but in much misery: being assured, that if they thus deliver them- selves from torture, or are willing that others should do it, they shall be happy after death. Since by their act- ing thus, they lose none of the pleasures, but only the troubles of life ; they think they behave not only reason- ably, but in a manner consistent with religion and piety; because they follow the advice given them by their priests, who are the expounders of the will of God. Such as are wrought on by these persuasions, either starve themselves of their own accord, or take opium, and by that means die without pain. But no man is forced on this way of ending his life; and if they cannot be persuaded to it, this does not induce them to fail in their attendance and care of them ; but as they believe that a voluntary death, when it is chosen upon such an authority, is very honor- able, so if any man takes away his own life, with- out the approbation of the priests and the Senate, they give him none of the honors of a decent funeral, but throw his body into a ditch. 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 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 zoo UTOPIA 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 choos- ing 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 consist- ent 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 unhcppiness of the rest of his life, a man should venture upon trust, and only see about a hand's-breadth 'of the face, a!l the rest of the body being covered, under which there naay "ie 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 the 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 reason- able 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 insuffer- able 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 UTOPIA 201 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 comfort, 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 obtain- ing 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 in- jured 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 labor 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 chas- tise 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 punish- ment 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 202 UTOPIA more for the interest of the commonwealth than killing them, since as their labor 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 labor 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 deliber- ate 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 behavior and foolish sayings, which is all they can do to recommend themselves to others, it could not be expected that they would be so well pro- vided for, nor so tenderly used as they must otherwise be. If any man should reproach another for his being misshapen 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 like- wise infamous among them to use paint. They all see UTOPIA 203 that no beauty recommends a wife so much to her hus- band as the piobity 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 punish- ments, so they invite them to the love of virtue by public honors; therefore they erect statues to the mem- ories 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 honor the more freely, be- cause none are exacted from them. The Prince himself./' has no distinction, either of garments, or of a crown ;v but is only distinguished by a sheaf of corn carried be- fore 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 dis- guise 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 counselor. By this means they both cut off many delays, and find out truth more cer- tainly: 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 sup- ports the simplicity of such well-meaning persons, whom 204 UTOPIA otjfierwise crafty men would be sure to run down: and thus they avoid those evils which appear very remarka- bly among all those nations that labor unde^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 thein; 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 requi- site for such an inquiry. Some of their neighbors, who are masters of their own liberties, having long ago, by the assistance of the Utopians, shaken off the yoke of tjrranny, and being much taken with those virtues which they observe among them, have come to desire that they would send magis- trates to govern them; some changing them every year, and others every five years. At the end of their govern- ment they bring them back to Utopia, with great expres- sions of honor 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 an^ safety; for since the good or ill condition of a nation depends so much upon its 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 dis- solution of justice, the chief sinew of society. UTOPIA 205 The Utopians call those nations that come and ask magistrates from them, neighbors; 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 par- ticularly 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 them- selves, and partly to the reverence they pay to the popes ; who as they are 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 bo the moot indecent thing pos- sible 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 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 loop- hole 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 2o6 UTOPIA 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 c^pps on the ground, and therefore becomes none but the lower part of mankind, and so must be kept in severely by, many re- straints 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 confeder-v/ acies, 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 lip 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 bom in a state of hostility, and so might lawfully do all that mischief to their neighbors against which there is no provision made by treaties ; and that when treaties are made, they do not cut off the en- mity, or restrain the license of preying upon each other, if by the unskillfulness of wording them there are not effectual provisos 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 the human nature is instead of a league. And that kind- ness 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 , UTOPIA 207 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, un- , less 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 ofiEensive wars; but they never do that unless they have been consulted be- fore 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, wheuv, one neighbor makes an inroad on another, by public order, and carry away the spoils ; but when the merchants of one country are oppressed in another, either under pre- '.■ tense of some unjust laws or by the perverse wresting . of good ones. This they count a more just cause of war than the other, because those injuries are done under some color 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 neighbors were engaged; and their keenness in canying 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 con- quest and slavery of the Aleopolitanes, who though be- fore 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 pre- tended 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 2o8 UTOPIA done to their persons, they would only on their being refused satisfaction forbear trading with such a people, y This is not because they consider their neighl^s more than their own citizens; but since their neighbors 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 nothing in return for the merchandises 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 is 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 honor 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 "under- standing. Bears, lions, boars, wolves, and dogs, and all other animals employ their bodily force one against an- other in which as many of them are superior to men, both in strength and fierceness, so they are all subdued by his reason and understanding. The only design of the Utopians in war is to obtain'' that by force, which if it had been granted them in time, would have prevented the war; or if that cannot be done, to take so severe a revenge on those that have injured them that they may be terrified from doing the like for UTOPIA 209 the time to come. By these ends they measure all their designs, and manage them so that it is visible that the appetite of fame or vainglory does not work so much on them as a just care of their own security. As soon as they declare war, they take care to have a great many schedules, that are sealed with their common seal, affixed in the most conspicuous places of their enemies' country. This is carried secretly, and done in many places all at once. In these they promise great rewards to such as shall kill the prince, and lesser in pro- portion to such as shall kill any other persons, who are those on whom, next to the prince himself, they cast the chief balance of the war. And they double the sum to him that, instead of killing the person so marked out, shall take him alive and put him in their hands. They offer not only indemnity, but rewards, to such of the persons themselves that are so marked, if they will act against their countrymen: by these means those that are named in the schedules become not only distrustful of their fellow-citizens, but are jealous of one another, and are much distracted by fear and danger ; for it has often fallen out that many of them, and even the Prince himself, have been betrayed by those in whom they have trusted most : for the rewards that the Utopians offer are so unmeasurably great, that there is no sort of crime to which men cannot be drawn by them. They consider the risk that those run who undertake such services, and offer a recompense proportioned to the danger; not only a vast deal of gold, but great revenues in lands, that lie among other nations that are their friends, where they may go and enjoy them very securely , and they observe the promises they make of this kind most religiously. They very much approve of this way of corrupting their enemies, though it appears to others to be base and cruel; but they look on it as a wise course, to make an end of what would be otherwise a long war, without so much as hazarding one battle to decide it. They think it likewise an act of mercy and love to mankind to pre- vent the great slaughter of those that must otherwise be killed in the progress of the war, both on their own side and on that of their enemies, by the death of a few that 14 ^ 2IO UTOPIA are most guilty ; and that in so doing they are kind even to their enemies, and pity them no less than their own people, as knowing that the greater part of th^ do not engage in the war of their own accord, but are driven into it by the passions of their prince. If this method does not succeed with them, then they sow seeds of contention among their enemies, and animate the prince's brother, or some of the nobility, to aspire to the crown. If they cannot disunite them by domestic broils, then they engage their neighbors against them, and make them set on foot some old pretensions, which are never wanting to princes when they have occasion for them. These they plentifully supply with money, though but very sparingly with any auxiliary troops: for they are so tender of their own people, that they would not willingly exchange one of them, even with the prince of their enemies' country. But as they keep their gold and silver only for such an occasion, so when that offers itself they easily part with it, since it would be no inconvenience to them though they should reserve nothing of it to themselves. For besides the wealth that they have among them at home, they have a vast treasure abroad, many nations round about them being deep in their debt ; so that they hire soldiers from all places for carrying on their wars, but chiefly from the Zapolets, who live five hundred miles east of Utopia. They are a rude, wild, and fierce nation, who delight in the woods and rocks, among which they were bom and bred. They are hardened both against heat, cold and labor, and know nothing of the delicacies of life. They do not apply themselves to agriculture, nor do they care either for their houses or their clothes. Cattle is all that they look after; and for the greatest part they live either by hunting, or upon rapine ; and are made, as it were, only for war. They watch all oppor- tunities of engaging in it, and very readily embrace such as are offered them. Great numbers of them will fre- quently go out, and offer themselves for a very low pay, to serve any that will employ them : they know none of the arts of life, but those that lead to the taking it away; they serve those that hire them, both with much courage UTOPIA 2U and great fidelity, but will not engage to serve for any determined time, and agree upon such terms, that the next day they may go over to the enemies of those whom they serve, if they offer them a greater encouragement; and will perhaps return to them the day after that, upon a higher advance of their pay. There are few wars in which they make not a considerable part of the armies of both sides: so it often falls out that they who are related, and were hired in the same country, and so have lived long and familiarly together, forgetting both their relations and former friendship, kill one another upon no other consideration than that of being hired to it for a little money by princes of different interests ; and such a regard have they for money, that they are easily wrought on by the diflEerence of one penny a day to change sides. So entirely does their avarice influence them; and yet this money, which they value so highly, is of little use to them ; for what they purchase thus with their blood, they quickly waste on luxury, which among them is but of a poor and miserable form. This nation serves the Utopians against all people whatsoever, for they pay higher than any other. The Utopians hold this for a maxim, that as they seek out the best sort of men for their own use at home, so they make use of this worst sort of men for the consumption of war, and therefore they hire them with the offers of vast rewards, to expose themselves to all sorts of haz- ards, out of which the greater part never returns to claim their promises. Yet they make them good most religiously to such as escape. This animates them to adventure again, whenever there is occasion for it; for the Utopians are not at all troubled how many of these happen to be killed,. ::5J3d« reckon it a service done to mankind if they could be "a. means to deliver the world from silch a lewd and vicious sort of people, that seem to have run together as to the drain of human nature. Next to these they are served in their wars with those upon whose account they undertake them, and with the auxiliary troops of their other friends, to whom they join a few of their own people, and send some man of eminent and approved virtue to command in chief. 212 UTOPIA There are two sent with him, who during his command are but private men, but the first is to succeed him if he should happen to be either killed or takery and in case of the like misfortune to him, the third comes in his place; and thus they provide against ill events, that such accidents as may befall their generals may not endanger their armies. When they draw out troops of their own people, they take such out of every city as freely offer themselves, for none are forced to go against their wills, since they think that if any man is pressed that wants courage, he will not only act faintly, but by his cowardice dishearten others. But if an invasion is made on their country they make use of such men, if they have good bodies, though they are not brave; and either put them aboard their ships or place them on the walls of their towns, that being so posted they may find no opportunity of flying away; and thus either shame, the heat of action, or the impossibility of flying, bears down their cowardice ; they often make a virtue of neces- sity and behave themselves well, because nothing else is left them. But as they force no man to go into anj v foreign war against his will, so they do not hinder those women who are willing to go along with their husbands ; , on the contrary, they encourage and praise them, and they stand often next their husbands in the front of the ' army. They also place together those who are related, ' parents and children, kindred, and those that are mutually • allied, near one another ; that those whom Nature has in- v spired with the greatest zeal for assisting one another, may be the nearest and readiest to do it ; and it is matter of '- great reproach if husband or wife survive one another, or if f child survives his parents, and therefore when they come to be engaged in action they continue to fight to the last man, if their enemies stand before them. And as they use all prudent methods to avoid the endanger- ing their own men, and if it is possible let all the action and danger fall upon the troops that they hire, so if it becomes necessary for themselves to engage, they then charge with as much courage as they avoided it before with prudence: nor is it a fierce charge at first, but it increases by degrees; and as they continue in action, UTOPIA 213 they grow more obstinate and press Harder upon the enemy, insomuch that they will much sooner die than give ground ; for the certainty that their children will be well looked after when they are dead, frees them from all that anxiety concerning them which often masters men of great courage ; and thus they are animated by a noble and invincible resolution. Their skill in military affairs increases their courage; and the wise sentiments which, according to the laws of their country are instilled into them in their education, give additional vigor to their minds: for as they do not undervalue life so as prodi- gally to throw it away, they are not so indecently fond of it as to preserve it by base and unbecoming methods. In the greatest heat of action, the bravest of their youth, who have devoted themselves to that service, single out the general of their enemies, set on him either openly or by ambuscade, pursue him everywhere, and when spent and wearied out, are relieved by others, who never give over the pursuit; either attacking him with close weap- ons when they can get near him, or with those which wound at a distance, when others get in between them; so that unless he secures himself by flight, they seldom fail at last to kill or to take him prisoner. When they have obtained a victory, they kill as few as possible, and are much more bent on taking many prisoners than on killing those that fly before them; nor do they ever let their men so loose in the pursuit of their enemies, as not to retain an entire body still in order; so that if they have been forced to engage the last of their battalions before they could gain the day, they will rather let their enemies all escape than pursue them, when their own army is in disorder; remembering well what has often fallen out to themselves, that when the main body of their army has been quite defeated and broken, when their enemies im- agining the victory obtained, have let themselves loose into an irregular pursuit, a few of them that lay for a reserve, waiting a fit 'opportunity, have fallen on them in their chase, and when straggling in disorder and apprehensive of no danger, but counting the day their own, have turned the whole action, and wresting out of their hands a victory that seemed certain and 214 UTOPIA undoubted, while the vanquished have suddenly become victorious. It is hard to tell whether they are more dexterous in laying or avoiding ambushes. They sometimes*eem to fly when it is far from their thoughts; and when they intend to give ground, they do it so that it is very hard to find out their design. If they see they are ill posted, or are like to be overpowered by numbers, they then either march oif in the night with great silence, or by some stra'tagem delude their enemies: if they retire in the daytime, they do it in such order, that it is no less dangerous to fall upon them in a retreat than in a march. They fortify their camps with a deep and large trench, and throw up the earth that is dug out of it for a wall; nor do they employ only their slaves in this, but the whole army works at it, except those that are then upon the guard; so that when so many hands are at work, a great line and a strong fortification is finished in so short a time that it is scarce credible. Their armor is very strong for defense, and yet is not so heavy as to make them uneasy in their marches ; for they can even swim with it. All that are trained up to war practice swimming. Both horse and foot make great use of arrows, and are very expert. They have no swords, but fight with a pole-axe that is both sharp and heavy, by which they thrust or strike down an enemy. They are very good at finding out warlike machines, and disguise them so well, that the enemy does not perceive them till he feels the use of them; so that he cannot prepare such a defense as would render them useless; the chief consideration had in the making them, is that they may be easily carried and managed. If they agree to a truce, they observe it so religiously that no provocations will make them break it. They never lay their enemies' country waste, nor bum their corn, and even in their marches they take all possible care that neither horse nor foot may tread it down, for they do not know but that they may have use for it themselves. They hurt no man whom they find disarmed, unless he is a spy. When a town is surrendered to them, they take it into their protection : and when they carry a UTOPIA 21 s place by storm, they never plunder it, but put those only to the sword that opposed the rendering of it up, and make the rest of the garrison slaves, but for the other inhabitants they do them no hurt; and if any of them had advised a surrender, they give them good rewards out of the estates of those that they condemn, and dis- tribute the rest among their auxiliary troops, but they themselves take no share of the spoil. When a war is ended, they do not oblige their friends to reimburse their expenses ; but they obtain them of the conquered, either in money, which they keep for the next occasion, or in lands, out of which a constant revenue is to be paid them; by many increases, the revenue which they draw out from several countries on such occasions, is now risen to above 700,000 ducats a year. They send some of their own people to receive these revenues, who have orders to live magnificently, and like princes, by which means they consume much of it upon the place; and either bring over the rest to Utopia, or lend it to that nation in which it lies. This they most commonly do, unless some great occasion, which falls out but very seldom, should oblige them to call for it all. It is out of these lands that they assign rewards to such as they encourage to adventure on desperate attempts. If any prince that engages in war with them is making preparations for invading their country, they prevent him, and make his country the seat of the war; for they do not willingly suffer any war to break in upon their island ; and if that should happen, they would only defend themselves by their own people, and not call for auxiliary troops to their assistance. Of the Religions of the Utopians. There are several sorts of religions, not only in differ- V ent parts of the island, but even in every town; some- worshiping the sun, others the moon, or one of the planets : some worship such men as have been eminent in former times for virtue, or glory, not only as ordinary deities, but as the supreme God: yet the greater and wiser sort of them worship none of these, but adore one 2i6 UTOPIA eternal, invisible, infinite, and incomprehensible Deity; as a being that is far above all our apprehensions, that is spread over the whole universe, not by his bulk, but by his power and virtue; him they call th* Father of All, and acknowledge that the beginnings, the increase, the progress, the vicissitudes, and the end of all things come only from him; nor do they offer divine honors to any but to him alone. And indeed, though they differ concerning other things, yet all agree in this, that they think there is one Supreme Being that made and governs the world, whom they call in the language of their country Mithras. They differ in this, that one thinks the God whom he worships is this Supreme Being, and another thinks that his idol is that God; but they all agree in one principle, that whoever is this Supreme Being, he is also that great Essence to whose glory and majesty all honors are ascribed by the consent of all nations. By degrees, they fall off from the various superstitions that are among them, and grow up to that one religion that is the best and most in request; and there is no doubt to be made but that all the others had vanished long ago, if some of those who advised them to lay aside their superstitions had not met with some unhappy acci- dent, which being considered as inflicted by heaven, made them afraid that the God whose worship had like to have been abandoned, had interposed, and revenged themselves on those who despised their authority. After they had heard from us an account of the doc- trine, the course of life, and the miracles of Christ, and of the wonderful constancy of so many martyrs, whose blood so willingly offered up by them, was the chief occa- sion of spreading their religion over a vast number of nations ; it is not to be imagined how inclined they were to receive it. I shall not determine whether this pro- ceeded from any secret inspiration of God, or whether it was because it seemed so favorable to that community of goods, which is an opinion so particular as well as so dear to them; since they perceived that Christ and his followers lived by that rule, and that it was still kept up in some communities among the sincerest sort of Christians. UTOPIA 217 From whichsoever of these motives it might be, true it is that many of them came over to our religion, and were initiated into it by baptism. But as two of our number were dead, so none of the four that survived were in priests' orders; we therefore could only baptize them; so that to our great regret they could not partake of the other sacraments that can only be administered by priests ; but they are instructed concerning them, and long most vehemently for them. They have had great disputes among themselves, whether one chosen by them to be a priest would not thereby be qualified to do all the things that belong to that character, even though he had no authority derived from the Pope ; and they seemed to be resolved to choose some for that employment, but they had not done it when I left them. Those among them that have not received our religion, do not fright any from it, and use none ill that goes over to it; so that all the while I was there, one man only was punished on this occasion. He being newly baptized, did, notwithstanding all that we could say to the contrary, dispute publicly concerning the Christian religion with more zeal than discretion; and with so much heat, that he not only preferred our worship to theirs, but condemned all their rites as profane; and cried out against all that adhered to them, as impious and sacri- legious persons, that were to be damned to everlasting burnings. Upon his having frequently preached in this manner, he was seized, and after trial he was condemned to banishment, not for having disparaged their religion, but for his inflaming the people to sedition: for this is one of their most ancient laws, that no man ought to be punished for his religion. At the first constitution of their government, Utopus having understood that before his coming among them the old inhabitants had been engaged in great quarrels concerning religion, by which they were so divided among themselves, that he found it an easy thing to conquer them, since instead of uniting their forces against him, every different party in religion fought by themselves; after he had subdued them, he made a law that every man might be of what religion he pleased, and might endeavor to draw others to it by 2i8 UTOPIA the force of argument, and by amicable and modest ways, but without bitterness against those of other opinions; but that he ought to use no other force J?ut that of persuasion, and was neither to mix with it reproaches nor violence ; and such as did otherwise were to be con- demned to banishment or slavery. This law was made by Utopus, not only for preserv--^ ing the public peace, which he saw suffered much by , daily contentions and irreconcilable heats, but because ' he thought the interest of religion itself required it. He judged it not fit to determine anything rashly, and seemed to doubt whether those different forms of reli- gion might not all come from God, who might inspire men in a different manner, and be pleased with this va- riety; he therefore thought it indecent and foolish for any man to threaten and terrify another to make him believe what did not appear to him to be true. And supposing that only one religion was really true, and the rest false, he imagined that the native force of truth would at last break forth and shine bright, if supported only by the strength of argument, and attended to with a gentle and unprejudiced mind; while on the other hand, if such debates were carried on with violence and tumults, as the most wicked are always the most obsti- nate, so the best and most holy religion might be choked with superstition, as com is with briars and thorns; he therefore left men wholly to their liberty, that they might be free to believe as they should see cause; only he made a solemn and severe law against such as should so far degenerate from the dignity of human nature as to think that our souls died with our bodies, or that the world was governed by chance, without a wise overruling Providence : for they all formerly believed that there was a state of rewards and punishments to the good and bad after this life; and they now look on those that think otherwise as scarce fit to be counted men, since they de- grade so noble a being as the soul, and reckon it no bet- ter than a beast's: thus they are far from looking on such men as fit for human society, or to be citizens of a well-ordered commonwealth; since a man of such principles must needs, as often as he dares do it, UTOPIA 219 despise all their laws and customs : for there is no doubt to be made that a man who is afraid of nothing but the law, and apprehends nothing after death, will not scruple to break through all the laws of his country, either by fraud or force, when by this means he may sat- isfy his appetites. They never raise any that hold these maxims, either to honors or offices, nor employ them in any public trust, but despise them, as men of base and sordid minds ; yet they do not punish them, because they lay this down as a maxim that a man cannot make him- self believe anything he pleases ; nor do they drive any to dissemble their thoughts by threatenings, so that men are not tempted to lie or disguise their opinions; which being a sort of fraud, is abhorred by the Utopians. They take care indeed to prevent their disputing in defense of these opinions, especially before the common people ; but they suffer, and even encourage them to dispute concerning them in private with their priests and other grave men, being confident that they will be cured of those mad opinions by having reason laid before them. There are many among them that run far to the other extreme, though it is neither thought an ill nor unreasonable opinion, and therefore is not at all discouraged. They think that the souls of beasts are immortal; though far inferior to the dignity of the human soul, and not capa- ble of so great a happiness. They are almost all of them very firmly persuaded that good men will be infinitely happy in another state; so that though they are compas- sionate to all that are sick, yet they lament no man's death, except they see him loath to depart with life; for they look on this as a very ill presage, as if the soUl, conscious to itself of guilt, and quite hopeless, was afraid to leave the body, from some secret hints of approach- ing misery. They think that such a man's appearance before God cannot be acceptable to him, who being called on does not go out cheerfully but is backward and unwill- ing, and is, as it were, dragged to it. They are struck with horror when they see any die in this manner, and carry them out in silence and with sorrow, and praying God that he would be merciful to the errors of the de- parted soul, they lay the body in the ground; but when 320 UTOPIA any die cheerfully, and full of hope, they do not mourn for them, but sing hymns when they carry out their bodies, and commending their souls very ||p,mestly to Grod : their whole behavior is then rather grave than sad, they burn the body, and set up a pillar where the pile was made, with an inscription to the honor of the de- ceased. When they come from the funeral, they discourse of his good life and worthy actions, but speak of noth- ing oftener and with more pleasure than of his serenity at the hour of death. They think such respect paid to the memory of good men is both the greatest incitement to engage others to follow their example, and the most acceptable worship than can be offered them; for they believe that though by the imperfection of human sight they are invisible to us, yet they are present among us, and hear those discourses that pass concerning them- selves. They believe it inconsistent with the happiness of departed souls not to be at liberty to be where they will, and do not imagine them capable of the ingrati- tude of not desiring to see those friends with whom they lived on earth in the strictest bonds of love and kind- ness: besides they are persuaded that good men after death have these affections and all other good disposi- tions increased rather than diminished, and therefore conclude that they are still among the living, and observe all they say or do. From hence they engage in all theii affairs with the greater confidence of success, as trusting to their protection ; while this opinion of the presence of their ancestors is a restraint that prevents their engag. ing in ill designs. They despise and laugh at auguries, and the othei vain and superstitious ways of divination, so much ob- served among other nations; but have great reverence for such miracles as cannot flow from any of the powers of Nature, and look on them as effects and indications of the presence of the supreme Being, of which they say many instances have occurred among them ; and that sometimes their public prayers, which upon great and dangerous occasions they have solemnly put up to God, with assured confidence of being heard, have been answered in a miraculous manner. . UTOPIA 221 They think the contemplating God in his works, and \ the adoring him for them, is a very acceptable piece of worship to him. There are many among them, that upon a motive of religion neglect learning, and apply themselves to no sort of study; nor do they allow themselves any leisure time, but are perpetually employed, believing that by the good things that a man does he secures to himself that happiness that comes after death. Some of these visit the sick; others mend highways, cleanse ditches, repair bridges, or dig turf, gravel or stones. Others fell and cleave timber, and bring wood, corn, and other necessaries on carts into their towns. Nor do these only serve the public, but they serve even private men, more than the slaves themselves do; for if there is anywhere a rough, hard, and sordid piece of work to be done, from which many are frightened by the labor and loath- someness of it, if not the despair of accomplishing it, they cheerfully, and of their own accord, take that to their share; and by that means, as they ease others very much, so they afflict themselves, and spend their whole life in hard labor; and yet they do not value themselves upon this, nor lessen other people's credit to raise their own; but by their stooping to such servile employments, they are so far from being despised, that they are so much the more esteemed by the whole nation. Of these there are two sorts; some live unmarried and chaste, and abstain from eating any sort of flesh; and thus weaning themselves from all the pleasures of the present life, which they account hurtful, they pursue, even by the hardest and most painful methods possible, that blessedness which they hope for hereafter; and the nearer they approach to it, they are the more cheerful and earnest in their endeavors after it. Another sort of them is less willing to put themselves to much toil, and therefore prefer a married state to a single one, and as they do not deny themselves the pleasure of it, so they think the begetting of children is a debt which they owe to human nature and to their country; nor do they avoid any pleasure that does not hinder labor, and therefore eat flesh so much the more willingly, as they find that 222 UTOPIA by this means they are the more able to work; the Utopians look upon these as the wiser sect, but they esteem the others as the most holy. They -vmuld indeed laugh at any man, who from the principles of reason would prefer an unmarried state to a married, or a life of labor to an easy life; but they reverence and admire such as do it from the motives of religion. There is nothing in which they are more cautious than in giving their opinion positively concerning any sort Of religion. The men that lead those severe lives are called in the language of their country Brutheskas, which answers to those we call religious orders. Their priests are men of eminent piety, and therefore they are but few, for there are only thirteen in every town, one for every temple; but when they go to war, seven of these go out with their forces, and seven others are chosen to supply their room in their absence; but these enter again upon their employment when they return; and those who served in their absence attend upon the high priest, till vacancies fall by death; for there is one set over all the rest. They are chosen by the people as the other magistrates are, by suffrages given in secret, for preventing of factions; and when they are chosen they are consecrated by the college of priests. The care of all sacred things, the worship of God, and an inspection into the manners of the people, are committed to them. It is a reproach to a man to be sent for by any of them, or for them to speak to him in secret, for that always gives some suspicion. All that is incumbent on them is only to exhort and admonish the people; for the power of correcting and punishing ill men belongs wholly to the Prince and to the other mag- istrates. The severest thing that the priest does, is the excluding those that are desperately wicked from joining in their worship. There is not any sort of punishment more dreaded by them than this, for as it loads them with infamy, so it fills them with secret horrors, such is their reverence to their religion ; nor will their bodies be long exempted from their share of trouble; for if they do not very quickly satisfy the priests of the truth of their repentance, they are seized on by the Senate, and UTOPIA 223 punished for their impiety. The education of youth belongs to the priests, yet they do not take so much care of instructing them in letters as in forming their minds, and manners aright; they use all possible methods to infuse very early into the tender and flexible minds of children such opinions as are both good in themselves and will be useful to their country. For when deep im- pressions of these things are made at that age, they follow men through the whole, course of their lives^ and conduce much to preserve the peace of the government, which suffers by nothing more than by vices that rise out of ill opinions." The wives of their priests are the most extraordinary women of the whole country; some- times the women themselves are made priests, though that falls out but seldom, nor are any but ancient widows chosen into that order. None of the magistrates have greater honor paid them than is paid the priests; and if they should happen to commit any crime, they would not be questioned for it Their punishment is left to God, and to their own con' sciences ; for they do not think it lawful to lay hands on any man, how wicked soever he is, that has been in a peculiar manner dedicated to God; nor do they find any great inconvenience in this, both because they have so few priests, and because they are chosen with much caution, so that it must be a very unusual thing to find one who merely out of regard to his virtue, and for his being esteemed a singularly good man, was raised up to so great a dignity, degenerate into corruption and vice. And if such a thing should fall out, for man is a change- able creature, yet there being few priests, and these hav- ing no authority but what rises out of the respect that is paid them, nothing of great consequence to the public can proceed from the indemnity that the priests enjoy. They have indeed, very few of them, lest greater num- bers sharing in the same honor might make the dignity of that order which they esteem so highly to sink in its reputation. They also think it difficult to find out many of such an exalted pitch of goodness, as to be equal to that dignity which demands the exercise of more than 224 UTOPIA ordinary virtues. Nor are the priests in greater venera- tion among them than they are among their neighbor- ing nations, as you may imagine by that whici»I think gives occasion for it. When the Utopians engage in battle, the priests who accompany them to the war, appareled in their sacred vestments, kneel down during the action, in a place not far from the field, and lifting up their hands to heaven, pray, first for peace, and then for victory to their own side, and particularly that it may be gained without the effusion of much blood on either side; and when the vic- tory turns to their side, they run in among their own men to restrain their fury; and if any of their enemies see them, or call to them, they are preserved by that means; and such as can come so near them as to touch their garments, have not only their lives but their for- tunes secured to them; it is upon this account that all the nations round about consider them so much, and treat them with such reverence, that they have been often no less able to preserve their own people from the fury Df their enemies, than to save their enemies from their rage; for it has sometimes fallen out, that when their armies have been in disorder, and forced to fly, so that their enemies were running upon the slaughter and spoil, the priests, by interposing have separated them from one another, and stopped the effusion of more blood; so that by their mediation a peace has been concluded on very reasonable terms; nor is there any nation about them so fierce, cruel, or barbarous as not to look upon their per- sons as sacred and inviolable. The first and the last day of the month, and of the year, is a festival. They measure their months by the course of the moon, and their years by the course of the sun. The first days are called in their language the Cyn.emernes, and the last the Trapememes ; which answers in our language to the festival that begins, or ends the season. They have magnificent temples, that are not only nobly built, but extremely spacious; which is the more neces- sary, as they have so few of them ; they are a little dark within, which proceeds not from any error in the archi- UTOPIA 225 lecture, but is done with design; for their priests think that too much light dissipates the thoughts, and that a more moderate degree of it both recollects the mind and raises devotion. Though there are many different forms of religion among them, yet all these, how various soever, agree in the main point, which is the worshiping the Divine Essence; and therefore there is nothing to be seen or heard in their temples in which the several persuasions among them may not agree, for every sect performs those rites that are peculiar to it, in their private houses; nor is there anything in the public worship that contradicts the particular ways of those different sects. There are no images for God in their temples, so that every one may represent him to his thoughts, according to the way of his religion; nor do they call this one God by any other name but that of Mithras, which is the common name by which they all express the Divine Essence, whatsoever otherwise they think it to be; nor are there any prayers among them but such as every one of them may use without prejudice to his own opinion. They meet in their temples on the evening of the festival that concludes a season: and not having yet broke their fast, they thank God for their good success during that year or month, which is then at an end, and the next day being that which begins the new season, they meet early in their temples, to pray for the happy progress of all their affairs during that period upon which they then enter. In the festival which concludes the period, before they go to the temple, both wives and children fall on their knees before their husbands or parents, and confess everything in which they have either erred or failed in their duty, and beg pardon for it. Thus all little discontents in families are removed, that they may offer up their devotions with a pure and serene mind; for they hold it a great impiety to enter upon them with disturbed thoughts, or with a conscious- ness of their bearing hatred or anger in their hearts to any person whatsoever; and think that they should be- come liable to severe punishments if they presume to offer sacrifices without cleansing their hearts, and recon- ciling all their differences. In the temples, the two 226 UTOPIA sexes are separated, the men go to tlie right hand, and the women to the left; and the males and females all place themselves before the head and master oiigciistress of that family to which they belong; so that those who have the government of them at home may see their deportment in public ; and they intermingle them so, that the younger and the older may be set by one another; for if the younger sort were all set together, they would perhaps trifle away that time too much in which they ought to beget in themselves that religious dread of the Supreme Being, which is the greatest and almost the only incitepient to virtue. They ofiEer up no living creature in sacrifice, nor do they think it suitable to the Divine Being, from whose bounty it is that these creatures have derived their lives, to take pleasure in their deaths, or the offering up their blood. They burn incense and other sweet odors, and have a great number of wax lights during their worship ; not out of any imagination that such oblations can add anything to the divine Nature, which even prayers cannot do; but as it is a harmless and pure way of worshiping God, so they think those sweet savors and lights, togethet with some other ceremonies, by a secret and unaccount- able virtue, elevate men's souls, and inflame them with greater energy and cheerfulness during the divine worship. All the people appear in the temples in white garments, but the priest's vestments are parti-colored, and both the work and colors are wonderful. They are made of no rich materials, for they are neither embroidered nor set with precious stones, but are composed of the plumes of several birds, laid together with so much art and so neatly, that the true value of them is far beyond the costliest materials. They say that in the ordering and placing those plumes some dark mysteries ate represented, which pass down among their priests in a secret tradi- tion concerning them; and that they are as hieroglyphics, putting them in mind of the blessings that they have received from God, and of their duties both to him and to their neighbors. As soon as the priest appears in those ornaments, they all fall prostrate on the ground, with so much reverence and so deep a silence that such UTOPIA 227 as look on cannot but be struck with it, as if it were the effect of the appearance of a Deity. After they have been for some time in this posture, they all stand up, upon a sign given by the priest, and sing hymns to the honor of God, some musical instruments playing all the while. These are quite of another form than those used among us: but as many of them are much sweeter than ours, so others are made use of by us. Yet in one thing they very much exceed us; all their music, both vocal and instrumental, is adapted to imitate and express the passions, and is so happily suited to every occasion, that whether the subject of the hymn be cheerful or formed to soothe or trouble the mind, or to express grief or re- morse, the music takes the impression of whatever is represented, affects and kindles the passions, and works the sentiments deep into the hearts of the hearers. When this is done, both priests and people offer up very solemn prayers to God in a set form of words ; and these are so composed, that whatsoever is pronounced by the whole assembly may be likewise applied by every man in particular to his own condition : in these they acknowl- edge God to be the author and governor of the world, and the fountain of all the good they receive, and therefore offer up to him their thanksgiving; and in particular bless him for his goodness in ordering it so, that they are born under the happiest government in the world, and are of a religion which they hope is the truest of all others : but if they are mistaken, and if there is either a better government or a religion more acceptable to God, they implore his goodness to let them know it, vowing that they resolve to follow him whith- ersoever he leads them. But if their government is the best, and their religion the truest, then they pray that he may fortify them in it, and bring all the world both to the same rules of life, and to the same opinions con- cerning himself; unless, according to the unsearchable- ness of his mind, he is pleased with a variety of religions. Then they pray that God may give them an easy passage at last to himself; not presuming to set limits to him, how early or late it should be; but if it may be wished for, without derogating ffom his supreme 228 UTOPIA authority, they desire to be quickly delivered, and to be taken to himself, though by the most terrible kind of death, rather than to be detained long from s^ing him by the most prosperous course of life. When this prayer is ended, they all fall down again upon the ground, and after a little while they rise up, go home to dinner, and spend the rest of the day in diversion or military exercises. Thus have I described to you, as particularly as I could, the constitution of that commonwealth, which I do not only think the best in the world, but indeed the only commonwealth that truly deserves that name. In alL other places it is visible, that while people talk of a - commonwealth, every man only seeks his own wealth; but there, where no man has any property, all men zeal- ously pursue the good of the public ; and, indeed, it is no wonder to see men act so differently; for in other com- monwealths, every man knows that unless he provides for himself, how flourishing soever the commonwealth may be, he must die of hunger; so that he sees the necessity of preferring his own concerns to the public; but in Utopia, where every man has a right to everything, they all know that if care is taken to keep the public stores full, no private man can want anything ; for among them there is no unequal distribution, so that no man is poor, none in necessity; and though no man has anything, yet they are all rich; for what can make a man so rich as to lead a serene and cheerful life, free from anxieties; neither apprehending want himself, nor vexed with the endless complaints of his wife ? He is not afraid of the misery of his children, nor is he contriving how to raise a portion for his daughters, but is secure in this, that both he and his wife, his children and grandchildren, to as many generations as he can fancy, will all live both plentifully and happily ; since among them there is no less care taken of those who were once engaged in labor, but grow afterward unable to follow it, than there is else- where of these that continue still employed. I would gladly hear any man compare the justice that is among them with that of all other nations ; among whom, may I perish, if I see anything that looks either like justice or equity : for what justice is there in this, that a nobleman, UTOPIA 229 a goldsmith, a banker, or any other man, that either does nothing at all, or at best is employed in things that are of no use to the public, should live in great luxury and splendor, upon what is so ill acquired; and a mean man, a carter, a smith, or a plowman, that works harder even than the beasts themselves, and is employed in labors so necessary, that no commonwealth could hold out a year without them, can only earn so poor a livelihood, and must lead so miserable a life, that the condition of the beasts is much better than theirs ? For as the beasts do not work so constantly, so they feed almost as well, and with more pleasure; and have no anxiety about what is to come, whilst these men are depressed by a barren and fruitless employment, and tormented with the apprehen- sions of want in their old age ; since that which they get by their daily labor does but maintain them at present, and is consumed as fast as it comes in, there is no over- plus left to lay up for old age. Is not that government both unjust and ungrateful, that is so prodigal of its favors to those that are called gentle- men, or goldsmiths, or such others who are idle, or live either by flattery or by contriving the arts of vain pleasure ; and on the other hand, takes no care of those of a meaner sort, such as plowmen, colliers, and smiths, without whom it could not subsist ? But after the public has reaped all the advantage of their service, and they come to be oppressed with age, sickness, and want, all their labors and the good they have done is forgotten , and all the recompense given them is that they are left to die in great misery. The richer sort are often endeavoring to bring the hire of laborers lower, not only by their fraudu- lent practices, but by the laws which they procure to be made to that effect ; so that though it is a thing most un- just in itself, to give such small rewards to those who deserve so well of the public, yet they have given those hardships the name and color of justice, by procuring laws to be made for regulating them. Therefore I must say that, as I hope for mercy, I can have no other notion of all the other governments that I see or know, than that they are a conspiracy of the rich, who on pretense of managing the public only pursue 230 UTOPIA their private ends, and devise all the ways and arts they can find out ; first, that they may, without danger, preserve all that they have so ill acquired, and then that they may engage the poor to toil and labor for them at as low rates as possible, and oppress them as much as they please. And if they can but prevail to get these contrivances es- tablished by the show of public authority, which is consid- ered as the representative of the whole people, then they are accounted laws. Yet these wicked men after they have, by a most insatiable covetousness, divided that among themselves with which all the rest might have been well supplied, are far from that happiness that is enjoyed among the Utopians : for the use as well as the desire of money being extinguished, much anxiety and great occa- sions of mischief are cut off with them And who does not see that the frauds, thefts, robberies, quarrels, tumults, con- tentions, seditions, murders, treacheries, and witchcrafts, which are indeed rather punished than restrained by the severities of law, would all fall off, if money were not any more valued by the world ? Men's fears, solicitudes, cares, labors, and watchings would all perish in the same mo- ment with the value of money: even poverty itself, for the relief of which money seems most necessary, would fall. But, in order to the apprehending this aright, take one instance. Consider any year that has been so unfruitful that many thousands have died of hunger; and yet if at the end of that year a survey was made of the granaries of all the rich men that have horded up the com, it would be found that there was enough among them to have pre- vented all that consumption of men that perished in mis- ery; and that if it had been distributed among them, none would have felt the terrible effects of that scar- city; so easy a thing would it be to supply all the neces- sities of life, if that blessed thing called money, which is pretended to be invented for procuring them, was not really the only thing that obstructed tteir being pro- cured ! I do not doubt that rich men are sensible of this, and that they well know how much a greater happiness it is to want nothing necessary than to abound in many super- UTOPIA 231 fluities, and to be rescued out of so much misery than to abound with so much wealth ; and I cannot think but the sense of every man's interest, added to the authority of Christ's commands, who as he was infinitely wise, knew what was best, and was not less good in discovering it to us, would have drawn all the world over to the laws of the Utopians, if pride, that plague of human nature, that source of so much misery, did not hinder it; for this vice does not measure happiness so much by its own conven- iences as by the miseries of others; and would not be satisfied with being thought a goddess, if none were left that were miserable, over whom she might exult. Pride thinks its own happiness shines the brighter by compar- ing it with the misfortunes of other persons ; that by dis- playing its own wealth, they may feel their poverty the more sensibly. This is that infernal serpent that creeps into the breasts of mortals, and possesses them too much to be easily drawn out ; and therefore I am glad that the Utopians have fallen upon this form of government, in which I wish that all the world could be so wise as to imitate them; for they have indeed laid down such a scheme and foundation of policy, that as men live happily under it, so it is like to be of great continuance ; for they having rooted out of the minds of their people all the seeds both of' ambition and faction,! there is no danger of any commotion at home; which alone has been the ruin of many states, that seemed otherwise to be well secured; but as long as they live in peace at home, and are gov- erned by such good laws, the envy of all their neighbor- ing princes, who have often though in vain attempted their ruin, will never be able to put their state into any commotion or disorder. When Raphael had thus made an end of speaking, though many things occurred to me, both concerning the manners and laws of that people, that seemed very ab- surd, as well as their way of making war, as ip their notions of religion and divine matters ; together with sev- eral other particulars, but chiefly what seemed the foun- dation of all the rest, their living in common, without the use of money, by which all nobility, magnificence. 232 UTOPIA splendor, and majesty, which, according to the common opinion, are the true ornaments of a nation, would be quite taken away; yet since I perceived th^t Raphael was weary, and was not sure whether he could easily bear contradiction, remembering that he had taken notice of some who seemed to think they were bound in honor to support the credit of their own wisdom, by finding out something to censure in all other men's inventions, besides their own; I only commended their constitution, and the account he had given of it in general; and so taking him by the hand, carried him to supper, and told him I would find out some other time for examining this subject more particularly, and for discoursing more co- piously upon it; and indeed I shall be glad to embrace an opportunity of doing it. In the meanwhile, though it must be confessed that he is both a very learned man, and a person who has obtained a great knowledge of the world, I cannot perfectly agree to everything he has re- lated; however, there are many things in the Common- wealth of Utopia that I rather wish, than hope, to see followed in our governments. BACON'S NEW ATLANTIS. l»33> NEW ATLANTIS. '* Wb sailed from Peru, where we had continued by the space of one whole year, for China and Japan, by the South Sea, taking with us victuals for twelve months ; and had good winds from the east, though soft and weak, for five months' space and more. But then the wind came about, and settled in the west for many days, so as we could make little or no way, and were sometimes in pur- pose to turn back. But then again there arose strong and great winds from the south, with a point east; which carried us up, for all that we could do, toward the north : by which time our victuals failed us, though we had made good. spare of them. So that finding ourselves, in the midst of the greatest wilderness of waters iii the world, without victual, we gave ourselves up for lost men, and prepared for death. Yet we did lift up our hearts and voices to God above, who showeth his wonders in the deep ; beseeching him of his mercy, that as in the beginning he discovered the face of the deep, and brought forth dry land, so he would now discover land to us, that we might not perish. And it came to pass, that the next day about evening we saw within a kenning before us, toward the north, as it were, thick clouds which did put us in some hope of land: knowing how that part of the South Sea was utterly unknown ; and might have islands or continents, that hitherto were not come to light. Wherefore we bent pur course thither, where we saw the appearance of land, all that night ; and in the dawning of next day, we might plainly discern that it was a land flat to our sight, and full of boscage, which made it show the more dark. And after an hour and a half's sailing we entered into a good haven, being the port of a fair city. Not great indeed, but well built, and that gave a pleasant view from the sea. And we thinking every minute long (235) 336 NEW ATLANTIS till we were on land, came close to the shore and offered to land. But straightway we saw divers of the people, with bastons in their hands, as it were, £orbiddin# us to land : yet without any cries or fierceness, but only as warning us off, by signs that they made. Whereupon being not a little discomfited, we were advising with ourselves what we should do. During which time there made forth to us a small boat, with about eight persons in it, whereof one of them had in his hand a tipstaff of a yellow cane, tipped at both ends with blue, who made aboard our ship, without any show of distrust at all. And when he saw one of our number present himself somewhat afore the rest, he drew forth a little scroll of parchment (somewhat yellower than our parchment, and shining like the leaves of writing tables, but otherwise soft and flexible), and delivered it to our foremost man. In which scroll were written in ancient Hebrew, and in ancient Greek, and in good Latin of the school, and in Spanish these words: " Land ye not, none of you, and provide to be gone from this coast within sixteen days, except you have further time given you; meanwhile, if you want fresh water, or victual, or help for your sick, or that your ship needeth repair, write down your wants, and you shall have that which belongeth to mercy. " This scroll was signed with a stamp of cherubim's wings, not spread, but hanging downward, and by them a cross. This being delivered, the officer returned, and left only a servant with us to receive our answer. Consulting hereupon among our- selves, we were much perplexed. The denial of landing, and hasty warning us away, troubled us much: on the other side, to find that the people had languages, and were so full of humanity, did comfort us not a little. And above all, the sign of the cross to that instrument, was to us a great rejoicing, and as it were a certain presage of good. Our answer was in the Spanish tongue, "That for our ship, it was well ; for we had rather met with calms and contrary winds, than any tempests. For our sick, they were many, and in very ill case ; so that if they were not permitted to land, they ran in danger of their lives.* Our other wants we set down in particular, adding, « That we had some little store of merchandise, which if it NEW ATLANTIS 237 pleased them to deal for, it might supply our wants, with- out being chargeable unto them." We offered some re- ward in pistolets unto the servant, and a piece of crimson velvet to be presented to the officer; but- the servant took them not, nor would scarce look upon them; and so left us, and went back in another little boat which was sent for him. About three hours after we had dispatched our answer there came toward us a person ( as it seemed ) of a place. He had on him a gown with wide sleeves, of a kind of water chamolet, of an excellent azure color, far more glossy than ours: his under apparel was green, and so was his hat, being in the form of a turban, daintily made, and not so huge as the Turkish turbans; and the locks of his hair came down below the brims of it. A rever- end man was he to behold. He came in a boat, gilt in some part of it, with four persons more only in that boat; and was followed by another boat, wherein were some twenty. When he was come within a flight-shot of our ship, signs were made to us that we should send forth some to meet him upon the water, which we pres- ently did in our ship-boat, sending the principal man among us save one, and four of our number with him. When we were come within six yards of their boat, they called to us to stay, and not to approach further, which we did. And thereupon the man, whom I before de- scribed, stood up, and with a loud voice in Spanish, asked, " Are ye Christians ? " We answered, " We were ; " fearing the less, because of the cross we had seen in the subscription. At which answer the said person lift up his right hand toward heaven, and drew it softly to his mouth (which is the gesture they use, when they thank God), and then said: "If ye will swear, all of you, by the merits of the Savior, that ye are no pirates; nor have shed blood, lawfully nor unlawfully, within forty days past; you may have license to come on land.* We said, « We were all ready to take that oath. *' Whereupon one of those that were with him, being (as it seemed) a notary, made an entry of this act. Which done, another of the attendants of the great person, which was with him in the same boat, after his lord had spoken a little 238 NEW ATLANTIS to him, said aloud : " My lord would have you know, that it is not of pride, or greatness, that he cometh not aboard your ship : but for that, in your answer, yqp declare that you have many sick among you, he was warned by the conservator of health of the city that he should keep a distance." We bowed ourselves toward him, and an- swered: "We were his humble servants; and accounted for great honor and singular humanity toward us, that which was already done : but hoped well, that the nature of the sickness of our men was not infectious." So he returned ; and a while after came the notary to us aboard our ship; holding in his hand a fruit of that country, like an orange, but of color between orange-tawny and scarlet: which cast a most excellent odor. He used it (as it seemed) for a preservative against infection. He gave us our oath, '* By the name of Jesus, and his merits : " and after told us, that the next day by six of the clock in the morning, we should be sent to, and brought to the strangers' house (so he called it), where we should be accommodated of things, both for our whole and for our sick. So he left us; and when we offered him some pistolets, he smiling, said, « He must not be twice paid for one labor : » meaning ( as I take it ) that he had salary sufficient of the state for his service. For ( as I after learned ) they call an officer that taketh rewards twice paid. The next morning early, there came to us the same officer that came to us at first with his cane, and told us : "He came to conduct us to the strangers' house: and that he had prevented the hour, because we might have the whole day before us for our business. For (said he) if you will follow my advice, there shall first go with me some few of you, and see the place, and how it may be made convenient for you: and then you may send for your sick and the rest of your number, which ye will bring on land.» We thanked him, and said, "That his care which he took of desolate strangers, God would reward." And so six of us went on land with him; and when we were on land, he went before us, and turned to us and said, " He was but our servant and our guide. * He led us through three fair streets; and all the NEW ATLANTIS 239 way we went there were gathered some people on both sides, standing in a row; but in so civil a fashion, as if it had been, not to wonder at us, but to welcome us ; and divers of them, as we passed by them, put their arms a little abroad, which is their gesture when they bid any welcome. The strangers' house is a fair and spacious house, built of brick, of somewhat a bluer color than our brick; and with handsome windows, some of glass, some of a kind of cambric oiled. He brought us first into a fair parlor above stairs, and then asked us, *What number of persons we were ? and how many sick ? " We answered, " We were in all (sick and whole) one and fifty persons, whereof our sick were seventeen." He de- sired us to have patience a little, and to stay till he came back to us which was about an hour after; and then he led us to see the chambers which were provided for us, being in number nineteen. They having cast it (as it seemeth) that four of those chambers, which were better than the rest, might receive four of the principal men of our company; and lodge them alone by themselves; and the other fifteen chambers were to lodge us, two and two together. The chambers were handsome and cheerful chambers, and furnished civilly. Then he led us to a long gallery like a dorture, where he showed us all along the one side (for the other side was but wall and window) seventeen cells, very neat ones, having partitions of cedar wood. Which gallery and cells, being in all forty (many more than we needed), were instituted as an infirmary for sick persons. And he told us withal, that as any of our sick waxed well, he might be removed from his cell to a chamber: for which purpose there were set forth ten spare chambers, besides the number we spake of be- fore. This done, he brought us back to the parlor, and lifting up his cane a little (as they do when they give and charge or command), said to us, "Ye are to know that the custom of the land requireth, that after this day and to-morrow (which we give you for removing your people from your ship), you are to keep within doors for three days. But let it not trouble you, nor do not think yourselves restrained, but rather left to your rest and ease. You shall want nothing; and there are six of our 240 NEW ATLANTIS people appointed to attend you for any business you may have abroad." We gave him thanks with all aflEection and respect, and said, « God surely is manif *ted in this land." We offered him also twenty pistolets, but he smiled and only said: "What? Twice paid!" And so he left us. Soon after our dinner was serve d; in which was right, goo d viands, both for b read and meat; better tGan any collegiate diet t hat I have known in Europe. We^TSSSTli^o "drmk of three sorts^ all wholesome and _ good;' wine of "the " grape ; a drink of gram, such as iri5TES'Tis"our' ale^'but more clear; and ar2Ina~"gr~cTaSr~: maaF'orar^'uit'of^ l^Ear'Tgm n yTr'^^ pleasing •^na"refresiung"drink. Besides, there were^BrougETm to"' TuS^great store of those scarlet oranges for our sick ; which (they said) were an assured remedy for sickness taken at sea. There was given us also a box of small grey or whitish pills, which they wished our sick should take, one of the pills every night before sleep; which (they said) would hasten their recovery. The next day, after that our trouble of carriage and removing of our men and goods out of our ship was somewhat settled and quiet, I thought good to call our company together, and when they were assembled, said unto them, "My dear friends, let us know ourselves, and how it standeth with us. We are men cast on land, as Jonas was out of the whale's belly, when we were as buried in the deep; and now we are on land, we are but between death and life, for we are beyond both the old world and the new; and whether ever we shall see Europe, God only knoweth. It is a kind of miracle hath brought us hither, and it must be little less that shall bring us hence. Therefore in regard of our deliverance past, and our danger pres- ent and to come, let us look up to God, and every man reform his own ways. Besides we are come here among a Christian people, full of piety and humanity. Let us not bring that confusion of face upon ourselves, as to show our vices or unworthiness before them. Yet there is more, for they have by commandment (though in form of courtesy) cloistered us within these walls for three days; who knoweth whether it be not to take some taste of our manners and conditions ? And if they find them bad. NEW ATLANTIS 241 to banish us straightway; if good, to give us further time. For these men that they have given us for attendance, may withal have an eye upon us. Therefore, for God's love, and as we love the weal of our souls and bodies, let us so behave ourselves, as we may be at peace with God, and may find grace in the eyes of this people." Our company with one voice thanked me for my good admonition, and promised me to live soberly and civilly, and without giving any the least occasion of offense. So we spent our three days joyfully, and without care, in expectation what would be done with us when they were expired. During which time, we had every hour joy of the amendment of our sick, who thought themselves cast into some divine pool of healing, they mended so kindly and so fast. The morrow after our three days were past, there came to us a new man, that we had not seen before, clothed in blue as the former was, save that his turban was white with a small red cross on the top. He had also a tippet of fine linen. At his coming in, he did bend to us a little, and put his arms abroad. We of our parts saluted him in a very lowly and submissive man- ner ; as looking that from him we should receive sentence of life or death. He desired to speak with some few of us. Whereupon six of us only stayed, and the rest avoided the room. He said, «I am by office governor of this house of strangers, and by vocation I am a Christian priest; and therefore am come to you, to offer you my service, both as strangers, and chiefly as Christians. Some things I may tell you, which I think you will not be unwilling to hear. The state hath given you license to stay on land for the space of six weeks : and let it not trouble you, if your occasions ask further time, for the law in this point is not precise ; and I do not doubt, but myself shall be able to obtain for you such further time as shall be convenient. Ye shall also understand, that the strangers' house is at this time rich, and much afore- hand; for it hath laid up revenue these thirty-seven years; for so long it is since any stranger arrived in this part; and therefore take ye no care; the state will defray you all the time you stay. Neither shall you stay one day 16 043 NEW ATLANTIS the less for that. As for any merchandise you have brought, ye shall be well used, and have your return, either in merchandise or in gold and silver ;