Criminality and economic conditions

by Willem Adriaan Bonger

I.

Thomas More.[1]

In the first part of his “Utopia” More severely criticises the economic conditions of his time in England, and adds some observations upon the criminality of that period.

Raphael Hythloday, whom More makes the speaker in his work, and through whom he expresses his own opinions, says:

“It chanced on a certain day, when I sat at the Cardinal’s table, there was also a certain lay man cunning in the laws of your realm. Who, I cannot tell whereof taking occasion, began diligently and earnestly to praise that strait and rigorous justice, which at that time was there executed upon felons, who, as he said, were for the most part twenty hanged together upon one gallows. And, seeing so few escaped punishment, he said he could not choose but greatly wonder and marvel, how and by what evil luck it should so come to pass, that thieves nevertheless were in every place so rife and so rank. [[2]]

“Nay, Sir, quod I (for I durst boldly speak my mind before the Cardinal) marvel nothing hereat; for this punishment of thieves passeth the limits of justice, and is also very hurtful to the public weal. For it is too extreme and cruel a punishment for theft, and yet not sufficient to refrain and withhold men from theft. For simple theft is not so great an offense, that it ought to be punished with death. Neither is there any punishment so horrible, that it can keep them from stealing, which have no other craft whereby to get their living. Therefore in this point, not you only, but also the most part of the world, be like evil schoolmasters, which be readier to beat, than to teach their scholars. For great and horrible punishments be appointed for thieves, whereas much rather provision should have been made, that there were some means, whereby they might get their living, so that no man should be driven to this extreme necessity, first to steal, and then to die.

“Yes (quod he) this matter is well enough provided for already. There be handicrafts, there is husbandry to get their living by, if they would not willingly be nought. Nay, quod I, you shall not scape so; for first of all, I will speak nothing of them that come home out of the wars, maimed and lame, as not long ago, out of Blackheath field, and a little before that, out of the wars in France; such, I say, as put their lives in jeopardy for public weal’s or the king’s sake, and by reason of weakness or lameness be not able to occupy their old crafts, and be too aged to learn new; of them I will speak nothing, forasmuch as wars have their ordinary recourse. But let us consider those things that chance daily before our eyes. First there is a great number of gentlemen, which can not be content to live idle themselves, like drones, of that which others have labored for; their tenants, I mean, whom they poll and shave to the quick, by raising their rents (for this only point of frugality do they use, men else through their lavish and prodigal spending, able to bring themselves to very beggary) these gentlemen, I say, do not only live in idleness themselves, but also carry about with them at their tails a great flock or train of idle and loitering serving men, which never learn any craft whereby to get their livings. These men as soon as their master is dead, or be sick themselves, be incontinent thrust out of doors. For gentlemen had rather keep idle persons, than sick men, and many times the dead man’s heir is not able to maintain so great a house, and keep so many serving men as his father did. Then in the mean season they that be thus destitute of service, either starve for hunger, or manfully play the thieves. For what would you have them do? [[3]]When they have wandered abroad so long, until they have worn threadbare their apparel, and also impaired their health, then gentlemen because of their pale and sickly faces, and patched coats, will not take them into service. And husbandmen dare not set them a work, knowing well enough that he is nothing meet to do true and faithful service to a poor man with a spade and a mattock for small wages and hard fare, which being daintily and tenderly pampered up in idleness and pleasure, was wont with a sword and buckler by his side to jet through the street with a bragging look, and to think himself to be as good as any man’s mate.

“Nay, by Saint Mary, sir (quod the lawyer), not so. For this kind of man must we make the most of. For in them as men of stouter stomachs, bolder spirits, and manlier courages than handicrafts men and plowmen be, doth consist the whole power, strength, and puissance of our army, when we must fight in battle. Forsooth, sir, as well you might say (quod I) that for war’s sake we must cherish thieves. For surely you shall never lack thieves while you have them. No, nor thieves be not the most false and faint-hearted soldiers, nor soldiers be not the cowardliest thieves; so well these two crafts agree together. But this fault, though it be much used among you, yet is not peculiar to you only, but common also almost to all nations. Yet France besides this is troubled and infected with a much sorer plague. The whole realm is filled and besieged with hired soldiers in peace time (if that be peace) which be brought in under the same color and pretense, that hath persuaded you to keep these idle serving men. For these wise fools and very archdolts thought the wealth of the country herein to consist, if there were ever in readiness a strong and sure garrison, specially of old practised soldiers, for they put no trust at all in men unexercised. And therefore they must be forced to seek for war, to the end that they may have practised soldiers and cunning manslayers, lest that (as it is prettily said by Sallust) their hands and their minds through idleness and lack of exercise, should wax dull. But how pernicious and pestilent a thing it is to maintain such beasts, the Frenchmen by their own harms have learned, and the examples of the Romans, Carthaginians, Syrians, and of many other countries do manifestly declare. For not only the empire, but also the fields and cities of all these, by divers occasions have been overrunned and destroyed by their own armies beforehand had in a readiness. Now how unnecessary a thing this is, hereby it may appear, that the French soldiers, which from their youth have been practised and inured in feats of arms, do [[4]]not crack nor advance themselves to have very often gotten the upper hand and mastery of your new made and unpractised soldiers. But in this point I will not use many words, lest perchance I may seem to flatter you.

“No, nor those same handicraftmen of yours in cities, nor yet the rude and uplandish plowmen of the country, are not supposed to be greatly afraid of your gentlemen’s idle serving men, unless it be such as be not of body or stature correspondent to their strength and courage, or else whose bold stomachs be discouraged through poverty. Thus you may see, that it is not to be feared lest they should be effeminated, if they were brought up in good crafts and laborsome works, whereby to get their livings, whose stout and sturdy bodies (for gentlemen vouchsafe to corrupt and spill none but picked and chosen men) now either by reason of rest and idleness be brought to weakness or else by easy and womanly exercises be made feeble and unable to endure hardness. Truly howsoever the case standeth, this methinketh is nothing available to the public weal, for war’s sake, which you never have, but when you will yourselves, to keep and maintain an innumerable flock of that sort of men, that be so troublesome and noyous in peace, whereof you ought to have a thousand times more regard than of war.

“But yet this is not the only necessary cause of stealing. There is another, which, as I suppose, is proper and peculiar to you Englishmen alone. What is that? quod the Cardinal. Forsooth my Lord (quod I) your sheep that were wont to be so meek and tame, and so small eaters, now as I hear say, be become so great devourers and so wild, that they eat up, and swallow down the very men themselves. They consume, destroy, and devour whole fields, houses, and cities. For look in what parts of the realm doth grow the finest and therefore dearest wool, there noblemen and gentlemen, yea and certain abbots, holy men no doubt, not contenting themselves with the yearly revenues and profits, that were wont to grow to their forefathers and predecessors of their lands, nor being content that they live in rest and pleasure nothing profiting, yea much noying the public weal, leave no ground for tillage, they inclose all into pastures; they throw down houses; they pluck down towns, and leave nothing standing, but only the church to be made a sheephouse. And as though you lost no land by forests, chases, lands, and parks, those good holy men turn all dwelling places and all glebeland into desolation and wilderness. Therefore that one covetous and unsatiable cormorant and very plague of his native country may compass about [[5]]and enclose many thousand acres of ground together within one pale or hedge, the husbandmen be thrust out of their own, or else either by fraud, or by violent oppression they be put besides it, or by wrongs and injuries they be so wearied, that they be compelled to sell all. By one means therefore or by other, either by hook or crook they must needs depart away, poor, silly, wretched souls, men, women, husbands, wives, fatherless children, widows, woeful mothers, with their young babes, and their whole household small in substance and much in number, as husbandry requireth many hands. Away they trudge, I say, out of their known and accustomed houses, finding no place to rest in. All their household stuff, which is very little worth, though it might well abide the sale; yet being suddenly thrust out, they be constrained to sell it for a thing of nought. And when they have wandered abroad till that be spent, what can they do but steal and then justly pardy be hanged, or else go about begging. Yet then they also be cast into prison as vagabonds, because they go about and work not, whom no man will set to work, though they never so willingly profer themselves thereto. For one shepherd or herdman is enough to eat up that ground with cattle, to the occupying whereof about husbandry many hands were requisite.