The City of the Sun [18]
necessary questions they provide of themselves. They do not use lots unless when they are altogether doubtful how to decide. The eight magistrates under Hoh, Power, Wisdom, and Love are changed according to the wish of the people, but the first four are never changed, unless they, tak- ing counsel with themselves, give up the dignity of one to an- other, whom among them they know to be wiser, more re- nowned, and more nearly perfect. And then they are obedient and honorable, since they yield willingly to the wiser man and are taught by him. This, however, rarely happens. The prin- cipals of the sciences, except Metaphysic, who is Hoh himself, and is, as it were, the architect of all science, having rule over all, are attached to Wisdom. Hoh is ashamed to be ignorant of any possible thing. Under Wisdom therefore are Grammar, Logic, Physics, Medicine, Astrology, Astronomy, Geometry, Cosmography, Music, Perspective, Arithmetic, Poetry, Rhet- oric, Painting, Sculpture. Under the triumvir Love are Breed- ing, Agriculture, Education, Medicine, Clothing, Pasturage, Coining.
G.M. What about their judges?
Capt. This is the point I was just thinking of explaining. Everyone is judged by the first master of his trade, and thus all the head artificers are judges. They punish with exile, with flogging, with blame, with deprivation of the common table, with exclusion from the church and from the company of women. When there is a case in which great injury has been done, it is punished with death, and they repay an eye with an eye, a nose for a nose, a tooth for a tooth, and so on, according to the law of retaliation. If the offence is wilful the Council decides. When there is strife and it takes place undesignedly, the sentence is mitigated; nevertheless, not by the judge but by the triumvirate, from whom even it may be referred to Hoh, not on account of justice but of mercy, for Hoh is able to pardon. They have no prisons, except one tower for shutting up rebel- lious enemies, and there is no written statement of a case, which we commonly call a lawsuit. But the accusation and witnesses are produced in the presence of the judge and Power; the ac- cused person makes his defence, and he is immediately acquit- ted or condemned by the judge; and if he appeals to the trium- virate, on the following day he is acquitted or condemned. On the third day he is dismissed through the mercy and clemency of Hoh, or receives the inviolable rigor of his sentence. An accused person is reconciled to his accuser and to his witnesses, as it were, with the medicine of his complaint, that is, with em- bracing and kissing.
No one is killed or stoned unless by the hands of the people, the accuser and the witnesses beginning first. For they have no executioners and lictors, lest the State should sink into ruin. The choice of death is given to the rest of the people, who en- close the lifeless remains in little bags and burn them by the application of fire, while exhorters are present for the purpose of advising concerning a good death. Nevertheless, the whole nation laments and beseeches God that his anger may be ap- peased, being in grief that it should, as it were, have to cut off a rotten member of the State. Certain officers talk to and con- vince the accused man by means of arguments until he him- self acquiesces in the sentence of death passed upon him, or else he does not die. But if a crime has been committed against the liberty of the republic, or against God, or against the su- preme magistrates, there is immediate censure without pity. These only are punished with death. He who is about to die is compelled to state in the presence of the people and with religious scrupulousness the reasons for which he does not de- serve death, and also the sins of the others who ought to die instead of him, and further the mistakes of the magistrates. If, moreover, it should seem right to the person thus asserting, he must say why the accused ones are deserving of less punish- ment than he. And if by his arguments he gains the
G.M. What about their judges?
Capt. This is the point I was just thinking of explaining. Everyone is judged by the first master of his trade, and thus all the head artificers are judges. They punish with exile, with flogging, with blame, with deprivation of the common table, with exclusion from the church and from the company of women. When there is a case in which great injury has been done, it is punished with death, and they repay an eye with an eye, a nose for a nose, a tooth for a tooth, and so on, according to the law of retaliation. If the offence is wilful the Council decides. When there is strife and it takes place undesignedly, the sentence is mitigated; nevertheless, not by the judge but by the triumvirate, from whom even it may be referred to Hoh, not on account of justice but of mercy, for Hoh is able to pardon. They have no prisons, except one tower for shutting up rebel- lious enemies, and there is no written statement of a case, which we commonly call a lawsuit. But the accusation and witnesses are produced in the presence of the judge and Power; the ac- cused person makes his defence, and he is immediately acquit- ted or condemned by the judge; and if he appeals to the trium- virate, on the following day he is acquitted or condemned. On the third day he is dismissed through the mercy and clemency of Hoh, or receives the inviolable rigor of his sentence. An accused person is reconciled to his accuser and to his witnesses, as it were, with the medicine of his complaint, that is, with em- bracing and kissing.
No one is killed or stoned unless by the hands of the people, the accuser and the witnesses beginning first. For they have no executioners and lictors, lest the State should sink into ruin. The choice of death is given to the rest of the people, who en- close the lifeless remains in little bags and burn them by the application of fire, while exhorters are present for the purpose of advising concerning a good death. Nevertheless, the whole nation laments and beseeches God that his anger may be ap- peased, being in grief that it should, as it were, have to cut off a rotten member of the State. Certain officers talk to and con- vince the accused man by means of arguments until he him- self acquiesces in the sentence of death passed upon him, or else he does not die. But if a crime has been committed against the liberty of the republic, or against God, or against the su- preme magistrates, there is immediate censure without pity. These only are punished with death. He who is about to die is compelled to state in the presence of the people and with religious scrupulousness the reasons for which he does not de- serve death, and also the sins of the others who ought to die instead of him, and further the mistakes of the magistrates. If, moreover, it should seem right to the person thus asserting, he must say why the accused ones are deserving of less punish- ment than he. And if by his arguments he gains the