From 85330ba306291bc1f8491f24903976529ced9ce2 Mon Sep 17 00:00:00 2001 From: ievrigenis Date: Mon, 4 Feb 2019 15:04:13 -0500 Subject: [PATCH] Cleanup of I.ii --- .../livrep/bodin.livrep.perseus-eng1.xml | 3655 ++++++++--------- 1 file changed, 1827 insertions(+), 1828 deletions(-) diff --git a/data/bodin/livrep/bodin.livrep.perseus-eng1.xml b/data/bodin/livrep/bodin.livrep.perseus-eng1.xml index c757896..81ce951 100644 --- a/data/bodin/livrep/bodin.livrep.perseus-eng1.xml +++ b/data/bodin/livrep/bodin.livrep.perseus-eng1.xml @@ -798,7 +798,7 @@ Commonweale, as also a principall member thereof. So that Aristotle following Xenophon, - seemeth to me without any probable cause, to have diuided the Oeconomicall + seemeth to me without any probable cause, to have divided the Oeconomicall government from the Politicall, and a Citie from a Familie: which can no otherwise be done, than if wee should pull the members from the bodie; or go about to build a Citie without houses. Or by the same reason he should have set @@ -849,7 +849,7 @@ nurseries) preserved and continued, it followeth well that a family cannot be in all points perfect and accomplished without a wife. So that by this accountNo perfect familie without a wife. it - commeth to passe, there must be fiue persons at least to make up an whole and + commeth to passe, there must be five persons at least to make up an whole and entire familie. If therefore there must needs bee three persons, and no fewer, to make aHow many persons be requisite to make up an whole and entire familie, and how many families make a Citie. College, and @@ -893,7 +893,7 @@ yeares be dead, albeit that by successive propagation they be immortal; no otherwise than Theseus his ship, which although it were an hundred times changed, by putting in of new plancks, yet still retained the - old name. But as a ship, if the keele (which strongly beareth vp the prow, the + old name. But as a ship, if the keele (which strongly beareth up the prow, the poup, the ribs, and tacklings) be taken away, is no longer a ship, but an evil favoured houp of wood: even so a Commonweale without a soveraintie of power, which uniteth in one body all the members and families of the @@ -948,7 +948,7 @@ places, governed by one soveraigne commaund, by the name of a Commonweale. By which meanes the citie of Rome (more famous than which was never any) should notThe multitude of people no hinderance - to the unitie of a commonweale, so that they be vnder one soveraigne + to the unitie of a commonweale, so that they be under one soveraigne command. deserve the name of a Commonweale, which at the foundation thereof had not above 3000 citisens; but in the time of Tiberius the Emperor, had cessed in it fifteene millions, besides an @@ -966,8 +966,7 @@ least of the confederat Cantons of Suisers; not so large as many farms of this Fraunce. kingdom, nor of greater revenue: or els that the Commonweale hath many large provinces and countries, as - Ester. cap. 1 had the Persians, which Herodotus, . in Artax. is reported to have had an hundred twentie + Ester. cap. 1 had the Persians, which Herodotus, Plutar. in Artax. is reported to have had an hundred twentie seven provinces from the uttermost part of India, unto the sea of Hellespontus: or as is now also the commonweale of the Aethiopians, wherein are fiftie provinces, which Pau. Iovius @@ -994,7 +993,7 @@ common. Although it may so be, that the greatest part of their lands be common unto the citisens in generall, and the least part unto every one of them in particular: as by the law of Romulus, called Agraria, all the lands of Rome, at that time containing - eighteene thousand acres, was diuided intoDionisius Halycarnasseus lib. 2. three equall parts, + eighteene thousand acres, was divided intoDionisius Halycarnasseus lib. 2. three equall parts, whereof the first part was assigned for the maintaining of the sacrifices; the second for the defraying of the necessarie charges of the commonweale; and the third was equally divided among the citisens; who being in number but three @@ -1062,7 +1061,7 @@ his owne proper goods apart, every one of them still contributing what was thought expedient for the defraying of the common charge. Which thing the Anabaptists in our time began to practise in - the towne of Munster, hauing commaunded all things to be + the towne of Munster, having commaunded all things to be Sleidan. common, excepting their wives (of whom they might have many) and their apparell, thinking thereby the better to mainteine mutuall love and concord among them: in which their account they found @@ -1082,7 +1081,7 @@ smally regarded and neglected, except it be to draw some Things common smally regarded privat and particular profit thereout of. Besides that, the nature of love and friendship is such, that the more - common it is, or unto moe divided, the lesse force it is of: not unlike to + common it is, or unto mo[r]e divided, the lesse force it is of: not unlike to great rivers, which carry great vessels, but being divided into small branches, serveth neither so keep back the enemie, neither for burthen: in which maner love also divided unto many persons or things, @@ -1145,7 +1144,7 @@ by certain privat lawes and customs granted unto some great and honourable houses & families. of the Empire after long civill warre, wisely renewed the auntient lawes of great houses and families, as having well - perceived that by that meane the Empire was to be preferved from ruine, and the + perceived that by that meane the Empire was to be preserved from ruine, and the state of Almaigne from a generall destruction. Which for all that, is not to take place in other obscure and particular base families, to the intent that the publick lawes, so much as is possible, should be unto all men common and @@ -1626,7 +1625,7 @@ naturall power. his Slaves. But of all these the right and power to commaund, is not by nature giuen to any beside the Father, who is the true Image of the great and Almightie God the Father of all things, as saith Proclus the Academick. Plato also - hauing first in certaine chapters set downe lawes concerning the honour of God▪ + having first in certaine chapters set downe lawes concerning the honour of God▪ saith them to bee as a Preface to the reuerence which the child oweth unto the Father, unto whome next unto God he is beholden for his life, and for whatsoeuer thing els he hath in this world. And as the Father is by nature @@ -1690,7 +1689,7 @@ not to enquire of the truth thereof, or to examine the matter: which was so decreed least the Father should in his anger secretly kill his sonne. As was one in hunting slaine by his Father, whose wife he had defiled: which thing - when Adrian the Emperour had vnderstood, said, That so + when Adrian the Emperour had understood, said, That so to kill was not the part of a Father, but of a theefe or murtheret: for that the greatest profit of punishment is, that it be exemplarie unto all. Another part of the law of God Leui. 20▪ willeth,Deu. 17. Exo. 21 @@ -1703,7 +1702,7 @@ publickly punished. and of the mother towards their children, that they would neuer (if they might) permit the Iudges to determine of the life of their children, although they had bene of them mortally wounded. As not long - agoe it happened with vs, that a Father hauing receiued a deadly wound of his + agoe it happened with vs, that a Father having receiued a deadly wound of his sonne, whome he would have lightly corrected; and fearing least his sonne apprehended by the magistrat should die for it, ceased not euen to his last gaspe to crie out unto his son, by speedie flight to saue his life: whom for @@ -1711,7 +1710,7 @@ to be hanged from an high beame for a time by the feet, with a great stone about his neck, and so afterwards to be burnt quicke. We have also another example of our time, of a Mother who would rather - endure to be reuiled, wronged, beaten, and troden vnder foot by her owne sonne, + endure to be reuiled, wronged, beaten, and troden under foot by her owne sonne, than to complaine of him unto the Iudge; vntill that at length he in most beastly manner discharged his bellie into her pottage: with which fowle fact the Iudge moued, condemned him to make her an honorable amends, and to aske her @@ -1737,7 +1736,7 @@ power ouer their children as had the Romans: For we have the law of God, which ought to be holy and inuiolat among all people; wee have the testimonies ofDeut. 21. the Histories both Greeke and Latine, - whereby it is sufficiently to be vnderstood, the Hebrews, Celtes, and Persians + whereby it is sufficiently to be understood, the Hebrews, Celtes, and Persians to have had the same power ouer their children that the Romans had. The French men (saith Caesar) Caesar lib. 6. Comment. have power of life and death ouer their wiues and @@ -1798,8 +1797,8 @@ Painters euen unto these times vse therewith to embellish their Tables: that is to wit, of the daughter which secretly gaue sucke unto her father condemned to be pined to death (which neuer suffereth the healthfull man to live past the - seuenth day) which act of piety the Gaoler hauing perceiued, gaue the - magistrats to vnderstand thereof; which by them reported unto the people, not + seuenth day) which act of piety the Gaoler having perceiued, gaue the + magistrats to understand thereof; which by them reported unto the people, not onely obtained her fathers pardon, but also found such grace as that in the selfe same place in perpetuall remembrance of the fact, they built a Temple dedicated unto Pietie. Yea the very vnreasonable beasts @@ -1857,7 +1856,7 @@ read the magistrats to have bene almost alwayes occupied in punishing of such as had murthered their parents. As we read in Seneca, who directing his speech unto Nero, saith, We have seene more murtherers of their - parents executed in fiue yeares of thy father, than were euer in all ages + parents executed in five yeares of thy father, than were euer in all ages accused since the foundation of Rome. Now to him that will looke neerer into the matter, it is no doubt, but that if one or two that have murthered their fathers have bene executed, ten others have escaped mans punishment; the health @@ -1883,7 +1882,7 @@ disinherited, considering that in auncient time (saith he) they might put them to death. Both of them flourished in the time of Alexander Seuerus. And yet is there no expresse law to be found which hath taken - from parents the power of life and death, before the time of Constantine the great: neither did that law of Constantine directly in expresse tearmes abrogat the old lawes: Dioclesian the Emperour but a little before Constantine hauing decreed that the Iudge ought to giue + from parents the power of life and death, before the time of Constantine the great: neither did that law of Constantine directly in expresse tearmes abrogat the old lawes: Dioclesian the Emperour but a little before Constantine having decreed that the Iudge ought to giue such sentence against the sonne as the father was willing unto. Now it is manifest by the law, that a positiue law cannot bee @@ -1977,7 +1976,7 @@ so to write: for these men in so doing propound not onely pardon unto parricides, but giue leaue also unto others to presume to do the like, secretly encouraging them to commit so detestable a - fact, vnder the color of the publick profit: wheras an antient author saith, + fact, under the color of the publick profit: wheras an antient author saith, That no fault so great canby the father be committed, as that the same should with his murther be revenged. O what a number of fathers should be found enemies unto the Commonwealth, if these resolutions should take place? And what @@ -1991,7 +1990,7 @@ Which points of treason I see not to be distinguished by these interpretos of the Roman law. But by these resolutions, that is come to passe which posteritie will notA strange exam ple of a most vnnaturall - sonne. beleeue: as that a banished man of Venice, hauing brought to + sonne. beleeue: as that a banished man of Venice, having brought to Venice his owne fathers head, who was banished as well as himselfe, demaunded and obtained also in reward of his so exectable a murther, the honours and rewards by the Venetian lawes due; viz. His returne into @@ -2031,7 +2030,7 @@

Now if some shall obiect it to be a thing dangerous, least some furious or prodigallObiections against the power of fathers ouer their children. fathers should abuse the goods or lives of their - children, vnder colour of their fatherly power: to him I aunswere, that the + children, under colour of their fatherly power: to him I aunswere, that the lawes have for such men prouided guardians, and taken from them that power ouer another man, considering that they have not power ouer themselves. And if the father be not sencelesse or mad, hee will neuer without cause kill his sonne, seeing that he willingly chastiseth @@ -2040,12 +2039,12 @@ any thing to their disgrace, but all to their honour and profit. Wherefore the parents are euer thought to be free from all fraud in their childrens affaires, whome to encrease with riches and honor, they doubt not oftentimes to forget - the lawes both of God and man. And for this cause the Father hauing slaine his + the lawes both of God and man. And for this cause the Father having slaine his sonne, is not by the law Pompeia subiect to the paine of parricides: for why? the law presumeth that he would not without good and iust cause so doe; and hath priuatly giuen power unto him to kill the adulterer and his daughter found in the fact together. All most certaine and vndoubted - arguments, whereby it is to be vnderstood, that + arguments, whereby it is to be understood, that parents cannot abuse the power of life and death ouer their children; neither that if they could, yet would they. But haply some man will say, there have bene many which have abused the same to the vnworthy death of their children; @@ -2062,7 +2061,7 @@ father can endute, is, to have either by right or wrong killed his sonne. As in fact it chaunced in our memorie, in the countrey of Aniou, that a father desiring to chastice his sonne, whome running from him he could not ouertake, - hauing by chaunce without any such purpose slaine him with a blow vpon the + having by chaunce without any such purpose slaine him with a blow vpon the head, with an hard clod of earth which he threw after him, forthwith for griefe hung himselfe, although no man knew any thing therof. Which things the antient Aegyptian law giuers wel understanding, appointed no other punishment against @@ -2074,9 +2073,9 @@ the power of life and death ouer their children, they might constraine them to do something hurtfull unto the Commonweale: Whereunto I aunswere first, that that is not to be presumed; and then that although it were so, yet that the - lawes had therefore wisely prouided, hauing at all times exempted the children + lawes had therefore wisely prouided, having at all times exempted the children out of the power of their fathers, in that which concerned the publick State. - As also Fabius Gurges gaue vs well to vnderstand, who + As also Fabius Gurges gaue vs well to understand, who being Consull, and seeing his father a priuat man mounted on horseback comming towards him, commaunded him by one of his sergeants to alight, which he did, doing honour unto his sonne, and bidding him @@ -2084,7 +2083,7 @@ bene from wise fathers to commaund their children any thing that might be hurtfull to the Commonweale, as that there have bene some of them found to have put them to death for transgressing the publick lawes: as first did Brutus his two sonnes, and after him L. - Torquatus the Consul, who hauing caused his sonne to triumph in his + Torquatus the Consul, who having caused his sonne to triumph in his campe for vanquishing his enemie in combat, presently after caused his head to be struck off, for that he had fought with him contrarie to his commandement and contrarie to the law of armes. There is yet one obiection concerning the @@ -2151,7 +2150,7 @@ to have as many wiues as they would; as it was also unto the Persians & all the people of Asta and almost onely the Germans of all the barbarous nations (as saith Tacitus) had every oneTacit. lib. de - moribus Germanorum. of them but one wife. Thus hauing confirmed the + moribus Germanorum. of them but one wife. Thus having confirmed the matter by course of historie, it followeth by consequence all the children of one and the same father to have bene in his power, were they adoptiue or not. But the Romans of auntient time made no more account of their base children @@ -2189,18 +2188,18 @@ marriage begotten: as did in auntient time Micipsa king of the Numidians, adopting Iugurtha his base sonne, albeit he had two lawfull children of his owne, and leauing his kingdome - equally diuided amongst them three: when as yet the first and chiefe cause of + equally divided amongst them three: when as yet the first and chiefe cause of adoptions was to supplie the defect of nature; that he to whome nature had altogether denied children, or at leastwise male children, might by the authoritie of the law have that defect supplied. As Scipio - Africanus hauing no more children but Cornelia + Africanus having no more children but Cornelia the mother of the Gracchi, adopted the sonne of Paulus Aemilius, afterwards called Africanus the younger, whome he left the inheritor not of his name only, but of his goods also. And so also Caefar - the Dictator, hauing no children of his foure wiues, more than Iulia, which was married to Pompeius, adopted Octauius his sisters sonne, + the Dictator, having no children of his foure wiues, more than Iulia, which was married to Pompeius, adopted Octauius his sisters sonne, whom by his will he made heire of three parts, with charge that he should beare his name; whereby his owne fathers name was taken away, and hee knowne by the - name of his adoptiue father. And he againe hauing no children but Iulia (whome he called the Impostume of his house) + name of his adoptiue father. And he againe having no children but Iulia (whome he called the Impostume of his house) adopted Caius and Lucius his sisters sonnes bought at home of their father Agrippa, according to the auntient manner: who afterward dead also without issue, he @@ -2215,17 +2214,17 @@ charged him also whilest he yet lived, to adopt Aelius Verus, and Marcus Aurelius, surnamed the Philosopher, to the intent the Empire should not want the most vertuous - Emperours that euer were. But this last hauing begot Commodus heire apparant to the Empire, (but the most vitious man that + Emperours that euer were. But this last having begot Commodus heire apparant to the Empire, (but the most vitious man that might be) was about to have adopted another more worthie of the Empire, had hee not bene otherwise persuaded by his friends. For that almost no man vsed to adopt others, if he had legitimat children of his owne. For which cause Claudius the - Emperour was euil spoken of, for being persuaded by the inticement of Agrippina his second wife, he had adopted Nero her sonne, hauing sonnes and one daughter by his + Emperour was euil spoken of, for being persuaded by the inticement of Agrippina his second wife, he had adopted Nero her sonne, having sonnes and one daughter by his former bed, who were afterwards slaine by Nero. But to leaue straungers which are infinite, and to come to our owne domesticall examples: Lewes duke of Aniou and brother to king Charles, was for want of heire adopted by Ioane (who of her incontinencie was in reproach called Lupa) who in the right of that adoption left unto him - the kingdome of Naples, hauing reiected her nephew Alphonsus king of Aragon, whom she had before by consent of, the Martinus. + the kingdome of Naples, having reiected her nephew Alphonsus king of Aragon, whom she had before by consent of, the Martinus. V. Pope adopted. Afterwards also Rene of Aniou, Lewes his nephew, was adopted by Ioane the yonger queene of Naples for want of children. And at the same time as it were, that is to say, in the yere 1408, Henry duke of Pomeran was adopted by Margaret D'wolmar queen of Denmark, Sweden, & Norway, to succeed @@ -2257,9 +2256,9 @@ againe, so abusing the law. As contrariwise Clodius beeing a noble man borne, caused himselfe to be adopted by a man of base condition, that so discharged of his Nobilitie, hee might bee made Tribune of - the * people; but hauing got that office, caused himselfe presently toCicero pro domo. be set at libertie by his adoptiue + the * people; but having got that office, caused himselfe presently toCicero pro domo. be set at libertie by his adoptiue father: Which the Senat understanding, decreed that from thenceforth they which were adopted should not enioy - the priuiledge of any publick office: neither that any man should vnder the + the priuiledge of any publick office: neither that any man should under the colour of such children as hee had adopted obtaine any magistracie or honour unto himselfe; neither hinder substitution made for want of children; neither to have the benefit of any conditionall legacies, or couenants made or @@ -2328,7 +2327,7 @@ prisoners in iust wars, should remaine Slaves unto the vanquishers, except the king would pay two Florins for every head. But he that had paid the ransome of any prisoner, was bound to set him at liberue, - hauing againe receiued his money: otherwise he might keepe him, not as his + having againe receiued his money: otherwise he might keepe him, not as his Slaue▪ but as his prisoner; according to the most auntient law of the Greeks, which from them deriued unto the Romans▪ was afterward in vse with all nations. As for debtors, prisoners unto their creditors, although it were lawfull by the @@ -2344,7 +2343,7 @@ adiudged the debtor not able to pay, unto the creditor) was shortly after at the request of Petilian Tribune of the people, taken away, and a decree made, That from that time forward the debtor should no more - bee adiudged unto his creditor, or diuided in peeces among his creditours, + bee adiudged unto his creditor, or divided in peeces among his creditours, neither by them for his debt be detained; yet reseruing unto the creditor power to ceise vpon his goods, or by other way of iustice to come by his debt, so as he saw he might by reason: which law continued firme and inuiolat 700 yeares, unto the time @@ -2371,7 +2370,7 @@ caps; which was the auntient marke of a slaue newly enfranchised, to couer his shaven head vntill his haire were growne: which gaue occasion unto Brutus after that Caesar was slaine, to cause certaine money to be coined * with the impression of a cap - vpon it; as hauing setPlutar in vita Caesaris. at + vpon it; as having setPlutar in vita Caesaris. at libertie the people of Rome. And after the death of Nero, the common people went vp and downe the streets with caps vpon their heads, in signe of their libertie. And king Eumenes after the death of Mithridates, comming to Rome, and with his cap on his head entring the @@ -2477,7 +2476,7 @@ seruitude could not have continued so long if it had bene contrarie unto nature: true it is in things meerely naturall, which according to their naturall proprietie follow the immutable ordinance of - God: but hauing giuen unto man the choice of good & euill, it chaunceth + God: but having giuen unto man the choice of good & euill, it chaunceth oftentimes to the contrarie; him to chuse the worse, contrarie to the law both of God and nature: in whom his corrupt opinion hath so great power, that it passeth in force of a law, of greater power than nature it selfe; in such sort, @@ -2536,7 +2535,7 @@ greater gaine and profit from them as from beasts. For who is hee that would spate the life of his vanquished enemie, if he could get a greater profit by his death than by sparing his life? Of a thousand examples I will produce but - one. At the siege of Ierusalem vnder the conduct of Vespasian, a Roman souldier hauing found gold in the entrails of a Iew + one. At the siege of Ierusalem under the conduct of Vespasian, a Roman souldier having found gold in the entrails of a Iew that was slain, made his companions therwith acquainted, who forthwith cut the throats of their prisoners, to see if they had also swallowed any of their crownes; so that in a moment there were slaine Ieseph▪ @@ -2576,7 +2575,7 @@ punished, as that to have broken a glasse was unto him death: as for example, the Emperour Augustus being at supper in the house of Vedius Pollio, it chaunced one of the Slaves to - breake a glasse; who hauing done no other fault but that (as saithLib. tertio de fra. + breake a glasse; who having done no other fault but that (as saithLib. tertio de fra. Seneca) was forthwith drawn unto a pond of Lampreis, which were fed with mans flesh: whereat the poore slaue crying out, fled unto the feet of Agustus, entreating him, not for his life, but that hee might not @@ -2605,7 +2604,7 @@ which said that he had neuer seene a man slaine. Now if it chaunced the maister to be flame in his house, by whomsoeuer that it was, all the Slaves that at the same time were - vnder the same roofe, were put to death euerie mothers son. As chanced at the + under the same roofe, were put to death euerie mothers son. As chanced at the murther of Pedanius great Pretor of Rome▪ when question was made of putting to death al his Slaves, following (as saith Tacitus) the auntient custome, the common people being for* Lib. 14. the most part men enfranchised, fell @@ -2649,7 +2648,7 @@ finger, wherein the image of Tiberius was engrauen. In such sort, that the images of the emperours, but especially of tyrants were as snares to entangle the magistrats in, who oftentimes secretly murthered their - Slaves, for hauing recourse unto the images, so soone as they were returned + Slaves, for having recourse unto the images, so soone as they were returned thence. But the law of God had therefore much better prouided, appointing euerie mans house for a sanctuarie unto the slaue flying from his master, forbidding to restore him againe unto his maister whilest he was yet in @@ -2681,7 +2680,7 @@ that the Romans were right great and mightie, yet so it was that they could not let the Slaves to rise against the state in al the townes of Italie except Messana: and afterwards for all the lawes they could make, they could not preuent but that threescore thousand - Slaves rise in rebellion vnder the conduct of Spartacus, + Slaves rise in rebellion under the conduct of Spartacus, who in set battaile ouerthrew three armies of the Romans. For it is most certaine, that in euerie country whatsoeuer, there was at least ten Slaves for one free man: as it is easie to iudge by the musters taken in Athens, where for @@ -2694,7 +2693,7 @@ - Crassus alone had fiue hundred Slaves, who daily brought + Crassus alone had five hundred Slaves, who daily brought in unto him the profit of their gainfull arts and trades; besides them whome he imployed in his ordinarie and domesticall seruice. Milo also in one day set at libertie 300 Slaves, least they should have bene put to @@ -2768,10 +2767,10 @@ conquests made by those Slaves, so encouraged the Slaves of Europe, that they began to take vp armes, first in Spaine in the yeare 781, and afterward in Fraunce in the time of Charlemaigne, and of Lewes the godly; as is to bee seene by their Edicts then - made against the conspiracie of Slaves. And after that also Lothaire the sonne of Lewes, hauing lost two + made against the conspiracie of Slaves. And after that also Lothaire the sonne of Lewes, having lost two battels against his brethren, called the Slaves unto his aid with promise of libertie: who afterwards gaue the ouerthrow unto their masters in the yere 852. - When sodainly this fire took such hold in Germanie, where the Slaves hauing + When sodainly this fire took such hold in Germanie, where the Slaves having taken vp armes, so troubled the state of the German princes and cities, that Lewes king of the Almans was constrained to raise all his forces to subdue them.

@@ -2865,15 +2864,15 @@ it any true Slaves. For as for that which we read in our histories, that Lewes Hutin, who came to the crowne in the yeare 1313 (the selfe same time that Bartholus lived) set at libertie all Slaves for money▪ to defray the charges of his warres;When Slaves ceased in France that is, as I take it, to - be vnderstood of manumised men, which we call Mort-maines, whome we euen yet at + be understood of manumised men, which we call Mort-maines, whome we euen yet at this present see to be set at libertie by the kings royall letters patents, from that bond of seruitude wherby they are prohibited to marrie a wife, or to alienat their goods out of the territories of their Patron. So also we are to - vnderstand the edict of Charls the fift the French king, wherin in cities every 70 families, + understand the edict of Charls the fift the French king, wherin in cities every 70 families, in country villages euerie hundred families, and every 200 heads of Slaves, were be charged with a man at armes; which they should not have done if they had bene in the possession of another man, & accounted as another mans - goods. So it is also to be vnderstood that is written of Humbert Dauphin, who at the same time by one edict enfranchised all + goods. So it is also to be understood that is written of Humbert Dauphin, who at the same time by one edict enfranchised all the Slaves of Dauphine, and commaunded the same to be enrolled in the publick acts and lawes of the countrey. The same curtesie vsed Theobald countie d'Blois towards his Slaves, in the yeare 1245. To this also belongeth that which wee read of Sugerius abbot of the couent of S. Dionyse, who @@ -2909,7 +2908,7 @@ without the leaue of the patron: who for all that may lay hands vpon such goods of his enfranchised slaue as were got before he was set at libertie wheresoeuer they be; as not long since was adiudged by the court of - Paris: as for such things as they get afterwards they may hold them to themselves; and hauing no children, by their + Paris: as for such things as they get afterwards they may hold them to themselves; and having no children, by their testaments bestow them vpon whome they please. I have seene the lord of the White Rocke in Gascongue claime to have not onely a right ouer his manumised subiects, and also that they were bound to trimme his vines, to till his @@ -2933,7 +2932,7 @@ as they set their foot within Fraunce becomeSlaves by comming into France become free. franke & free; as was by an old decree of the court of Paris determined against an ambassador of Spain, who had broght a slaue with him into France. And I - remember that of late a Genua marchant hauing brought with him unto Tholouze a + remember that of late a Genua marchant having brought with him unto Tholouze a slaue whome he had bought in Spaine, the hoast of the house understanding the matter, persuaded the slaue to appeale unto his libertie. The matter being brought before the magistrats, the marchant was called for; the Atturney @@ -3018,7 +3017,7 @@ religion, and instructing them in the Christian religion, cause them neuerthelesse with their children and ofspring to serue them in perpetuall slauerie: so that now whole droues of Slaves are sold and that openly in all - parts of Portugall, as if they were beasts. In like manner the Spaniards hauing + parts of Portugall, as if they were beasts. In like manner the Spaniards having brought the Neigros unto the Christian religion, keepe them neuerthelesse and all their posteritie for Slaves. And albeit that Charles the fift had by a generall edict made in the yeare 1540 set at libertie all the @@ -3045,7 +3044,7 @@ Tartars (a kind of Scythian people) in great number with fire and sword entring into the borders of Moscouia, Lituania, and Polonia, carried away with them three hundred thousand Christians into captiuitie. And not long ago euen in our - memorie, Sinan Bassa hauing taken the Ifle of Gozo neere + memorie, Sinan Bassa having taken the Ifle of Gozo neere unto Malta, led away with him 6300 Christians, and all the inhabitants of Tripolis in Barbarie, which he sold in Graecia. So that it is not to be maruelled that the captaine of the Turkes @@ -3072,7 +3071,7 @@ cruelties, and detestable villanies to have bene committed vpon the persons of Slaves by their lords and masters: who can doubt to affirme it to be a thing most pernitious and daungerous to have brought them into a Commonweale; or - hauing cast them off, to receiue them againe? Now if any man shall say, That + having cast them off, to receiue them againe? Now if any man shall say, That the rigour of the lawes may by forbidding, and seuere punishment moderat the cruelty of maisters ouer their Slaves: What law can there be more iust, more strong, and indifferent, or better than the @@ -3095,7 +3094,7 @@ the loue of a good slaue towards his lord: prouided that it meet with an humor agreeing with it selfe. For which cause the law of God (in mine opinion) hath so wisely prouided that no man should serue a perpetuall seruitude, but he - which hauing serued seuen yeres, and so well tasted the humor and disposition + which having serued seuen yeres, and so well tasted the humor and disposition of his master or creditor, had consented to bee his slaue for euer. But sith there are so few men one like unto anothe and contrariwise the varietie and naturall disposition of them infinit, what law giuer can unto them all prescribe one generall edict, law, or rule. The auntient proverb, @@ -3104,7 +3103,7 @@ looke for of his Slaves. Of a thousand examples of antiquitie I will recite but one, which happened in the time of Iulius Pontanu, who reporteth, That a slaue seeingAn horrible example of the crueltie of a faithlesse - slaue. his lord absent, barred the gates, and hauing shamefully + slaue. his lord absent, barred the gates, and having shamefully abused his mistresse, bound her, tooke his maisters three children, and so going vp to the highest place of the house, seeing his maister comming home, first cast downe unto him vpon the pauement one of his children, and after that @@ -3147,7 +3146,7 @@ any time moe than when the multitude of Slaves was encreased: For that the slaue not able to endure slauerie, and at length breaking from his maister, was alwaies constrained to be a theefe or a pirat, not being able to endure his - maister, neither to show himself being marked, nor to live hauing nothing to + maister, neither to show himself being marked, nor to live having nothing to live vpon. A better example whereof cannot be than that of Spartacus the fensor, who at one time assembled out of the verie bowels of Italie three score thousand Slaves; when @@ -3169,10 +3168,10 @@ opinion to have them altogether and pone time set at libertie, as Charles the Emperour did at Peru: for that - so they hauing nothing to live vpon, nor occupation to gaine by, and delighted + so they having nothing to live vpon, nor occupation to gaine by, and delighted with the sweetnesse of idlenesse and libertie, would take no paines: in such sort that the most part of them died for hunger: but the best way is, by little - and little to enfranchise them, hauing before their enfranchisement taught them + and little to enfranchise them, having before their enfranchisement taught them some occupation whereby to releeue themselves. Now if some shall say, That no man is a good master, but he that hath before bene a good seruant: I say that to be an opinion euill @@ -3213,7 +3212,7 @@ CHAP. VI. ¶ What a Citisen is, and how much Citisens differ from Citisens, and how much from strangers: what also is to be - vnderstood by the name of a Towne, a Citie, and of a Commonweale. + understood by the name of a Towne, a Citie, and of a Commonweale.

@@ -3239,19 +3238,19 @@ subiect holding of the soueraigntie of another man. For before there was either Citie or citisen, or any forme of a Commonweale amongst - men, euerie master of a familie was a maister in his owne house, hauing power + men, euerie master of a familie was a maister in his owne house, having power of life and death ouer his wife and children: but after that force, violence, ambition, couetousnesse, and desire of revenge had armed one against another, the issues of warres and combats giuing victorie unto the one side, made the other to become unto them Slaves: and amongst them that ouercame, he that was - chosen cheefe and captaine, vnder whose conduct and leading they had obtained the victorie, kept them also in his power + chosen cheefe and captaine, under whose conduct and leading they had obtained the victorie, kept them also in his power and commaund as his faithfull and obedient subiects, and the other as his Slaves. Then that full and entire libertie by nature giuen to every man, to live as himselfe best pleased, was altogether taken from the vanquished, and in the vanquishers themselves in some measure also diminished, in regard of the conquerour; for that now it concerned euerie man in priuat to yeeld his obedience unto his chiefe soueraigne; and he that would not abate any thing of - his libertie, to live vnder the lawes and commaundement of another, lost all. + his libertie, to live under the lawes and commaundement of another, lost all. So the word of Lord and Seruant, of Prince and Subiect, before vnknowne unto the world, were first brought into vse. Yea Reason, and the verie @@ -3289,7 +3288,7 @@ maiestie of the king of Tombut: and thereupon conceiuing a desire to make himselfe a king also in his owne countrie, hee at first to begin withall, killed a rich marchant; and so possessed of his horses armes and marchandise, - diuided them amongst his nie kinsfolks and friends, acquainted with his + divided them amongst his nie kinsfolks and friends, acquainted with his purpose; by whose aid he by force and violence subdued now some, and after others, killing the richest, and ceasing vpon their goods: in such sort that his sonne became rich with the robberies of his father, made himselfe king, @@ -3316,7 +3315,7 @@ diminished by the maiestie of him to whome he oweth obeysance. But euerie subiect is not a Citisen, as we have said of a slaue; and may also so say of a stranger, who comming into an other mans segniorie, is not receiued for a - Citisen, hauing not any part in the rights and priueledges of the Citie; + Citisen, having not any part in the rights and priueledges of the Citie; neither is to bee accounted in the number of friends, allies, or coallies, who are not altogether straungers, (as the Lawyer saith) neither enemies also. Howbeit that the Greeks of old called straungers enemies, as also did the @@ -3367,13 +3366,13 @@ Citisens (the issue of Slaves and straungers) amongst all the tribes of the free borne men: yet afterwards (notwithstanding the order taken by Fabius) it was granted unto the Citisens enfranchised, that they might - enroll one of their sonnes beeing fiue yeares olde or more in the tribe or line + enroll one of their sonnes beeing five yeares olde or more in the tribe or line of their patron: But when those foure tribes of the enfranchised Citisens seemed yet too puissant and strong, it was decreed, That there should by lot one tribe bee drawne out, wherein all the enfranchised Citisens should giue their voyces. And this was the state of the enfranchised Citisens, vntill the civill warre betwixt Marius and Sylla, at which time the people at the motion of Pub. Sulpitius made a law, That the enfranchised Citisens should from - that time forward be againe diuided amongst all the tribes, which was the first + that time forward be againe divided amongst all the tribes, which was the first and principall cause of the ruine of that Commonweale. Wherefore as of Slaves some are borne, some are made; so also of Citisens some are made, some are borne: the naturall Citisen, is he that is @@ -3386,8 +3385,8 @@ Commonweale, which they called Archontes, as saith Demosthenes in his Oration against Neaera, albeit that many (as Themistocles himselfe) were thereinto secretly entered. But in the time of Pericles - fiue thousand of them were sold Slaves, who had born* Plut. - in Peri. the countenance of Citisens. And Pericles himselfe hauing lost his children that were right Citisens, made request unto the people, That his sonne + five thousand of them were sold Slaves, who had born* Plut. + in Peri. the countenance of Citisens. And Pericles himselfe having lost his children that were right Citisens, made request unto the people, That his sonne might be enrolled among the Citisens, which sonne he had begot at Athens of his wife being a straunger. Wee also read that the Romans made a Collonie of foure thousand Spaniards, whome the Romans had begot of Spanish women, for that they @@ -3404,7 +3403,7 @@ onely, who for his merits towards the Commonweale, or ofThe citisen of honour properly no citisen. speciall favour hath obtained the right and priueledge of a citisen, cannot of right bee called a citisen, - for that hee hath not put himselfe vnder the power of of anothers commaund.

+ for that hee hath not put himselfe under the power of of anothers commaund.

Wherfore of many citisens, be they naturals, or naturallised, or els Slaves enfranchised (which are the three meanes that the law giueth to become a @@ -3415,9 +3414,9 @@ Commonweale, but also one very citie, albeit that The enclosure of wals make not a citie, but the gouernment - of the citisens vnder the self same lawes: although they dwell in uers townes or prouinces dispersed. the - citisens be diuided in many villages, townes, or prouinces. For the enclosure + citisens be divided in many villages, townes, or prouinces. For the enclosure of wals make not a citie, (as many have written) no more than the wals of an house make a familie, which may consist of many Slaves or children, although they bee farre distant one from another, or in diuers countries, prouided that @@ -3464,7 +3463,7 @@ common right, are like unto them which go about to build faire high houses, without any foundations at all. Aristotle hath defined* Arist. Politic. lib. 3. cap. 6. unto vs; - A citie to be a multitude of citisens, hauing all things needfull for them to + A citie to be a multitude of citisens, having all things needfull for them to live well and happily withall: making no difference betweene a Commonweale and a citie: saying also, That it is not a citie if all the citisens dwell not in one and the selfe same place: which is @@ -3544,8 +3543,8 @@ citisens, and so leauing the towne unto Caesar, said thus, Non est in parietibus respublica, The Commonweale is not in the wals. But forasmuch as it had in it two sorts of partakers, and - that the citisens diuided into two parts had - put themselves vnder the protection of two diuers heads, they now seeme of one + that the citisens divided into two parts had + put themselves under the protection of two diuers heads, they now seeme of one Commonweale to have made two. Wherfore by these words Citie, Towne, Commonweale, Colledge, Court, Parish, Familie, are signified the right of these things. And as oftentimes it hath bene iudged that the church being without the @@ -3592,7 +3591,7 @@ citie was not tied unto the place, neither unto the wals of Carthage. So the poore inhabitants were constrained to depart and abandon the towne unto the fire, which was set vpon it by the Romans, who - had not had it so good cheape, had the ambassadors before vnderstood the + had not had it so good cheape, had the ambassadors before understood the difference betweene a towne and a citie. As oftentimes it chanceth that many embassadors ignorant of the law of armes, and of that which right is, do euen in matters of state commit many grosse faults. Although that Modestinus writeth, That Carthage was no more a citie after it was @@ -3656,7 +3655,7 @@

Wherefore it is better and more truly said of Plutarch, That they are to bee calledWho indeed be citisens. citisens that enioy the rights and priueledges of a citie. Which is to be - vnderstood according to the condition and qualitie of euerie one; the nobles as + understood according to the condition and qualitie of euerie one; the nobles as nobles, the commonets as commoners; the women and children in like case, according unto the age, sex, condition, and deserts of every one of them. For should the members of mans bodie complaine of their estate? Should the foot say @@ -3671,10 +3670,10 @@ people from the great offices of commaund, from the offices of priesthood, and from the augureships; commaunding the same to be bestowed vpon such onely as were descended from them whome he himselfe had chosen into the Senat, or els from them whome he had afterwards ioyned unto - them. And this new people hauing vanquished + them. And this new people having vanquished their neighbours, enforced many of them to abandon their owne countrey and customes, to become inhabitants and citisens of Rome, as they did the Sabines. - Afterwards hauing vanquished the Tusculans, the Volscians, and Herniques, they + Afterwards having vanquished the Tusculans, the Volscians, and Herniques, they agreed together that the vanquished should have part in their offices, and voices also in the assemblies of their estates, without any other chaunge either in their law or customes; who for that cause were not called citisens, @@ -3690,7 +3689,7 @@ vse the Roman lawes than their owne, to become true citisens of Rome, vntil the time of Tiberius the emperor, who vtterly took away the verie shadow of the popular libertie which Augustus the - emperour had yet left; hauing remoued the popular assemblies from the people + emperour had yet left; having remoued the popular assemblies from the people unto the Senat: at which time the municipiall townes of Italie refused the priueledges of the citie of Rome, whereat the emperour Adrian maruelled (as saith Aul. Gellius) but without cause, for that they seeing the popular honours and offices to be all @@ -3706,20 +3705,20 @@ twelue Latine Colonies, who after long warres made peace with the Romans vppon condition, That they should live after their own maners and customes, and yet should be made citisens of Rome, whosoeuer of them should remoue his dwelling - into the citie, hauing yet left behind him some lawfull issue at home in the + into the citie, having yet left behind him some lawfull issue at home in the countrey. Yet when many of them fraudulently abused this agreement, & gaue - their children unto the citisens of Rome in adoption, or vnder the colour of + their children unto the citisens of Rome in adoption, or under the colour of seruitude, to the intent that by them forthwith againe set at libertie, they might in a moment enioy the liberties and priueleges of the citie; order was taken by the law Claudia, confirmed by a decree of the Senat, and edict of the Consuls, That all the Latines which had so by craft obtained the freedome of the citie, should be constrained againe to returne into the Latine cities: which thing was done at - the request of the Latine cities themselves. And so is that to be vnderstood + the request of the Latine cities themselves. And so is that to be understood that Boetius writeth, The Romans sent into the Latin Colonies, to have lost the liberties of the citie: as also that which Titus Liuius saith, The Roman Colonies sent to Puteoli and Salerne by the decree of the Senat, to have bene no more citisens: which is - not further to be vnderstood or extended, but to their right for giuing of + not further to be understood or extended, but to their right for giuing of voices, by that meanes now taken from them. So were they of Reims, of Langres, of Saintonges, of Bourges, of Meaux, and of Autun, free people of Fraunce, allies of the Romans, and citisens also, but without voice (as saith Tacitus) before that it was permitted unto them to have states and honourable offices in Rome. And @@ -3732,7 +3731,7 @@ customes; the true markes of a true citisen. But the further that these Colonies were distant from the citie of Rome, the lesse they felt of the glorie and brightnesse of the sunne, and of the honours and - offices which were diuided among the citisens and inhabitants of Rome: insomuch that the inhabitants of the + offices which were divided among the citisens and inhabitants of Rome: insomuch that the inhabitants of the Roman Colonies at Lyon, Vienne, and Narbone, thought themselves verie happie to have gained but the priueledges of the Italians, who were of auntient time the allies and confederats of the Romans, enioying the honourable freedome of @@ -3765,7 +3764,7 @@ an Italian Senator better than the prouinciall Senator? As if he would have said them both to have bene Senators alike. And yet the same emperour excluded the Frenchmen which had obtained the freedome of the citie of Rome, from suing - for the honours or offices thereof. Whereby is better to be vnderstood that + for the honours or offices thereof. Whereby is better to be understood that which Plinie writeth, Spaine to have in it 470 townes; that is to wit, 12 Colonies: 3 of citisens of Rome, 47 of them which had the freedome of the Latines: 4 of Allies, 6 of them that were enfranchised, and 260 @@ -3806,7 +3805,7 @@ correct their citisens with stripes; and of men condemned tooke the extreamest punishment: but after that the Commonwealth was growne strong, the law Portia and other lawes were prouided, whereby for men condemned banishment was appointed. Which law Cicero - hauing transgressed, was therefore not onely driuen into exile, but also + having transgressed, was therefore not onely driuen into exile, but also proscribed, his goods confiscated, his house (esteemed to be worth fiftie thousand crownes) burnt, and a temple built in the plot thereof, which the people at the motion of Clodius their Tribune, @@ -3823,7 +3822,7 @@ unto the emperour; saying, That he was a citisen of Rome, for that his father being of the tribe of Beniamin, and borne at Tharsis in Caramania, had obtained the right of a Roman citisen: Which so soone as the - gouernour vnderstood, hee surceased to proceed + gouernour understood, hee surceased to proceed any further in the matter; and sent him to Rome, saying, This man might have bene set at libertie, if he had not appealed unto Caesar. Whereas otherwise if hee had not bene a citisen of Rome, the gouernour would have proceeded in the matter, seeing the countrey of Palestine @@ -3877,7 +3876,7 @@ enemies or straungers, seeing that they were obedient subiects, and that more is, paid tribute unto the Roman empire: wee must then conclude that they were citisens; for it were a verie absurd thing to say, That the naturall subiect in - his owne countrey, and vnder the obeysance of his soueraigne prince, were a + his owne countrey, and under the obeysance of his soueraigne prince, were a straunger. And that is it for which we have said, That the citisen is a franke subiect, holding of the soueraigntie of another man. But the prerogatiues and priueledges that some have more than others, @@ -3934,7 +3933,7 @@ made all the Athenians citisens of their citie, as we read in Liuie: which league was called, The treatise of Comburgeosie. What manner of league that was - made betwixt the Valesians, and the fiue little Cantons in the yeare 1528; and + made betwixt the Valesians, and the five little Cantons in the yeare 1528; and betwixt the Cantons of Berne and them of Friburg, in the yeare 1505; and againe betwixt them of Geneua & them of Berne in the yeare 1558: the force of which leagues was such, as that there should be a mutuall communication betwixt @@ -3985,7 +3984,7 @@ no man should enioy the immunitie and priueleges of a citisen of Athens, and that popular prerogatiue which the people had, except he were bound unto the commaund and lawes of the Athenians. But he which is against his will detained - vnder the commaund of a straunge citie, hath without doubt lost the right of + under the commaund of a straunge citie, hath without doubt lost the right of his owne citie: which can in no wise be applied unto those kings whome wee have before spoken of, or yet to the Rhodians which had ordained the freedome of the Athenians. Wherefore this is it, as I suppose, that M. @@ -4000,10 +3999,10 @@ have lost the freedome of the citie of Rome: which is true in regard of the true subiects and citisens; but not in the citisens of honour, which are not indeed subiects: neither in respect of them which are citisens of diuers - cities, vnder the power of one and the same prince, a thing lawfull unto all + cities, under the power of one and the same prince, a thing lawfull unto all euen by the Roman law. For although one may be the slaue or vassall of many maisters or lords, yet can no man be the subiect of diuers soueraigne princes, but by the mutuall consent of the - princes; because that these are vnder no mans commaund, as are they unto whome + princes; because that these are under no mans commaund, as are they unto whome seruice is by turne done by Slaves, who may by the magistrats be enforced to sell their slaue, except the seruile labours, which cannot at once be done to them all, be by turnes done by the slaue. And this is the point for which we @@ -4011,7 +4010,7 @@ frontiers, who not well knowing whome to obey, submit themselves sometimes to the one and sometimes to the other: and oftentimes exempting themselves from the obeisance of both two, are ordinarily inuaded and preyed vpon by both the - one and the other. As the countrey of Walachie hauing exempted it self from the + one and the other. As the countrey of Walachie having exempted it self from the obeisance of the Polonians, hath become subiect unto the Turks; and afterwards submitting it selfe unto the kings of Polonia, paied tribute neuerthelesse unto the Turke, as I have learned by the letters of @@ -4035,7 +4034,7 @@ commaunders within this twenty or thirty yeres, against the antient agreements. For, for to meet with such enterprises, the English and the Scots had of auntient time agreed, That the Batable ground, (that is to say a certaine part of the countrey so called, - vpon the frontiers of both realmes, being fiue miles long, and two miles broad) + vpon the frontiers of both realmes, being five miles long, and two miles broad) should neither be tilled, built, or dwelt vpon; howbeit that it was lawfull for both people there to feed their cattell: with charge that if after the sunne setting, or before the sunne rising, any of their beasts were there found, they @@ -4058,7 +4057,7 @@ when as we read that king Edward the first gaue the freedome of citisens unto all - the inhabitants of base Britaine; that is to be vnderstood for them to enioy + the inhabitants of base Britaine; that is to be understood for them to enioy the liberties, exemptions and freedoms, that they of the countrey enioyed. So say we also of the Bernois, and the inhabitants of Geneua, who call themselves by their treaties of alliance, Equall, and by their letters Combourgeses. For @@ -4105,7 +4104,7 @@ citisen. The same laws we yet at this present vse. For althogh that the Swissers are with vs ioined in a most strait bond of amity & frendship: yet neuerthelesse is the same clause conceiued in that league, which was with them - made in the yeare 1520. And againe at such time as the fiue lesser Cantons of + made in the yeare 1520. And againe at such time as the five lesser Cantons of the Swissers made a league of alliance and amitie amongst themselves, it was excepted that no citisens of the confederats should be receiued; or if they should desire the freedome of another citie, @@ -4192,7 +4191,7 @@ agreeing with the Roman lawes. True it is that more or lesse time is required in one place then in another, according to the commodiousnesse of the place, or the greatnesse of the priueleges. As in Venice to obtaine the grant and - priueledges of a simple citisen (without hauing any other interest in the + priueledges of a simple citisen (without having any other interest in the state, except in certain meane offices) a man must have dwelt foureteene yeares within the citie. They of Ferrara were content with ten yeares, so that the inhabitants had all the meane while borne the same burthen with the citisens. @@ -4201,8 +4200,8 @@ a whit the more the strange princes subiect. straunger do not demaund the citisens right and freedome, and be thereinto also receiued: for it may bee that the straunger would not for any thing chaunge his prince, howbeit that his affaires hold him out of his owne countrey. - For howbeit that many be of opinion, that a man hauing staid the prefixed time - in another mans countrey, without hauing obtained letters of naturalising, is + For howbeit that many be of opinion, that a man having staid the prefixed time + in another mans countrey, without having obtained letters of naturalising, is yet capable of testamentary legacies: they in that agree in favour of testaments, and especially of charitable legacies giuen unto poore straungers, who are alwaies as much to be favoured as the widdowes and orphans. But to @@ -4224,7 +4223,7 @@ compelled him to go out of the Senat: howbeit in fine the Senat by decree declared, That hee had not lost the right of a citisen of Rome, being refused by the enemie: howbeit that in truth he was not onely depriued of the right of a citisen, but also made a slaue of the - enemies, by the decree of the people, for hauing without their leaue + enemies, by the decree of the people, for having without their leaue capitulated and treated of peace with the enemies: and ought to have bene againe restored by the people. Neuerthelesse the milder opinion of the Senat interpreted that the depriuing of him of his freedome was conditionall, as in @@ -4246,16 +4245,16 @@ expresly renounced it, or els done some fact contrarie to the dutie of a naturall subiect. Neither am I alone of this opinion. For the the court of parliament of Paris, by decree made the xiiij - of Iune, in the yeare 1554 adiudged that a French man hauing dwelt fiftie + of Iune, in the yeare 1554 adiudged that a French man having dwelt fiftie yeares in Venice, continued yet still subiect to the French king, and was - receiued unto the succession of his next kinsmen: hee hauing in the meane time + receiued unto the succession of his next kinsmen: hee having in the meane time done no harme against his countrey, neither committed any crime for which he - ought to loose his libertie, neither hauing refused to come being called home + ought to loose his libertie, neither having refused to come being called home by his prince; nor yet requested the freedome of the citie of Venice to have bene giuen him. For as for secret consent it ought to hurt no man, being esteemed as no consent in things preiudiciall, except it be by word or deed plainly expressed: especially when wee may otherwise interpret the mind of him - that hath not declared the same. Whereby it is to be vnderstood what is to be + that hath not declared the same. Whereby it is to be understood what is to be iudged of the question propounded: which the court of Burdeaux all the judges being assembled together could not determine. As whether a Spaniard borne and brought vp in Spaine, and yet the sonne of a French man (which French man had alwaies dwelt in Spaine, & @@ -4271,13 +4270,13 @@ right of free citisens all straungers, who had obtained of him letters of their naturalising, and were retired out of his realme home. For by our customes he that will get the freedome of a citisen, must obtaine the princes letters to - that purpose, and hauing obtained them, pay his fine unto maisters of the + that purpose, and having obtained them, pay his fine unto maisters of the receipt.

These reasons show not onely the difference that is betwixt a citisen and him that is none, but also of citisens amongst themselves; and that if we follow the varietie of priueleges to iudge of the definition of a citisen, there shall - bee fiue hundred thousand of definitions of citisens, for the infinit + bee five hundred thousand of definitions of citisens, for the infinit diuersitie of the prerogatiues that citisens have one against another, and also ouer straungers: seeing that it is oft times better inBetter sometimes to be a straunger than a naturall @@ -4350,7 +4349,7 @@ succession: whereof our laws are ful. Which we may also iudge by the oration of Cicero, who to show that Archias was a citisen of Rome, saith amongst other things, That he had by his testament disposed of his goods. And himself in his own cause to giue - men to vnderstand that the decree of banishment made against him at the sute of + men to understand that the decree of banishment made against him at the sute of Clodius the Tribune, was of none effect: What Roman citisen is there (saith he) that hath made any doubt to leaue me what hee pleased by his testament, without regard to the @@ -4397,7 +4396,7 @@ is not lawfull for the creditor being a straunger, to take his debtors immouables or land, for default of paiment assigned unto him, but that he must within the yere againe cleere his hands thereof; which causeth the creditor - oftentimes to sell his land vnderfoot, or for little, especially if the + oftentimes to sell his land underfoot, or for little, especially if the naturall inhabitants feare or loue the debtour. And not long since, by the ordinance of the emperour Charles the fift, all straungers are embarred from the succession of the subiects of Milan. By the @@ -4505,12 +4504,12 @@ cast in prison his ambassadours, being subiect to his power. So the emperour Charles the fift did the like against the ambassadours of the duke of Millan his subiect, whom he detained prisoner, at - such time as he vnderstood the duke his maister to have entred into league with + such time as he understood the duke his maister to have entred into league with the other princes, and to have proclaimed warre against him. And howbeit that the news thereof being come into Fraunce, Granuellan, Charles his ambassador, was by the kings commaundement there likewise imprisoned, yet was hee forthwith againe delivered, so soone as it was - vnderstood that the ambassadors and heralds of Fraunce, England, and Venice, were with safe conduct sent out of Spai Venice, were with safe conduct sent out of Spaie. Neither seemeth Charles in so doing to have violated the law of nations, or to have done any thing against the law: seethat the Romans did with greater @@ -4519,7 +4518,7 @@ persons of Rincon and Fregosis the French ambassadors toward the Turke, was, That the one of them was a Spaniard, a naturall subiect of the emperours, and - the other a Genoway vnder his protection, both sent in the seruice of his + the other a Genoway under his protection, both sent in the seruice of his enemie; the bruit being giuen out, that they went to raise new warres against him: how beit that the emperour would not auouch the murther, but promised to do iustice vpon them that had done the same, if they should fall into his @@ -4578,13 +4577,13 @@ all Europe. And beside this so generall a diuision, there bee other more speciall in many Commonweales, as in Venice the gentlemen, the citisens, and the common people: in Florence before it was - brought vnder one prince, they had the great ones, the common people, and the + brought under one prince, they had the great ones, the common people, and the reseall menie. And our auntient Gauls had their Druides, their Chiualrie, and the vulgar people. In Aegypt the priests, the souldiers, and the artizans; as we read in Diodorus. Also the auntient law - giuer Hippodamus, diuided the citisens into souldiors, + giuer Hippodamus, divided the citisens into souldiors, handie crafts men, and labourers; & hath without cause bene blamed by Aristotle; as we read in the Fragments of his ordinances. And albe▪* Lib. a. Polit. it that Plato enforced himselfe to make all the citisens of his Commonwealth - equall in all rights and prerogariues; yet so it is, that he diuided them into + equall in all rights and prerogariues; yet so it is, that he divided them into three states; that is to wit, into Gouernours, Souldiors, and Laborers: which is to show that there was neuer Commonweale, were it true, or but imaginarie, or the most popular that a man could thinke @@ -4597,7 +4596,7 @@ - CHAP. VII. ¶ Of them that are vnder protection, and the + CHAP. VII. ¶ Of them that are under protection, and the difference betwixt Allies, Strangers, and Subiects.

@@ -4609,7 +4608,7 @@ rouched this string; which for all that is the most necessary for the understanding of the states of Commonweales. The word of protection in generall extendeth unto all subiects which areProtection. - vnder the obeysance of one soueraigne prince or seignorie; as we have said▪ + under the obeysance of one soueraigne prince or seignorie; as we have said▪ That the prince is bound by force of armes, and of his lawes, to maintaine his subiects in suretie of their persons, their goods, and families: for which the Subiects by a recipro that he had chosen to be of his priuie counsell, a certaine number of his other meaner subiects, to be by them - maintained vnder their protection and safegard; holding him accursed and + maintained under their protection and safegard; holding him accursed and execrable, who should leaue the defence of any his adherents. And the Censors marked them with the note of infamie, that had forsaken their adherents. The law also of the xij tables in that case carrieth with it the paine of @@ -4745,7 +4744,7 @@ exempted, albeit that the soueraigne prince should raise the fee of his vassall depending of him into a countie, dutchie, or principalitie, as hath beene adiudged by the decree of the parliament of Paris. Whereby it is to be - vnderstood them to erre and be deceiued, who out of Cesars Commentaries interpret them whome he calleth Soldurios et deuotos, to be vassals, seeing that hee hath made no + understood them to erre and be deceiued, who out of Cesars Commentaries interpret them whome he calleth Soldurios et deuotos, to be vassals, seeing that hee hath made no mention of their fee, without which they cannot so be, ioyning thereunto also, that they were indeed true and naturall subiects: for that their lives, their goods, and their persons, were consecrated unto their lord: which is the true @@ -4800,7 +4799,7 @@ detained as prisoners, being taken in the territorie and protection of the English: howbeit that the contrarie might be said: for albeit it was not permitted to pursue or take prey in another mans territorie, yet it is lawfull - hauing raised it in his owne territorie, to pursue it into another mans ground: + having raised it in his owne territorie, to pursue it into another mans ground: which yet suffereth this exception, If the lord of the ground forbid him not so to do: as did the lord Grey, gouernour of Calais and Guines, who comming in the time of the pursute, was said to have taken the flying Spaniards into his protection, although that they were carried away by the French. Now in this case the word @@ -4834,7 +4833,7 @@ should in al modestie respect the greater. So that it euidently appeareth, that protection importeth not subiection,Protection importeth not subiection. but the superioritie and prerogatiue of honour. And the - more cleerely to vnderstand this point, and the nature of treaties and + more cleerely to understand this point, and the nature of treaties and alliances, we may say that all treaties amongst princes are made either with friends, enemies, or newters. The treaties betwixt enemies, are made to have peace and amitie, @@ -4851,7 +4850,7 @@ pay a certaine pention, or to giue certaine succours; or els owe neither pention nor succours. As for allies by alliance equall, which the Latines call Aequo foedere, - the qualitie is vnderstood, when the one is in nothing superiourAlliance equall. unto the other in the treatie: and that + the qualitie is understood, when the one is in nothing superiourAlliance equall. unto the other in the treatie: and that the one hath nothing aboue the other for their prerogatiue of honour, albeit that the one must do or giue more or lesse than the other for the aid that the one oweth unto the other. And in this sort of treatie, they have alwaies @@ -4891,7 +4890,7 @@ leagues.

And thus much for the generall diuision of all the treaties which are made - betwixt princes, vnder the which are comprehended all the particular alliances. + betwixt princes, under the which are comprehended all the particular alliances. For as for the diuision of the Roman ambassadors, at the enterparle of peace betwixt them and Antiochus the great, it is verie short. Liuie saith, Tria sunt Genera @@ -4936,7 +4935,7 @@ otherwise determined; which was like to have broken the alliance betwixt the Grisons and the Swissers, in the yeare 1565, for no other cause, (as said the Grisons) than to make the Swissers to know that they were their equals in - alliance: but the truth is, that the emperour practised vnder hand, and gaue + alliance: but the truth is, that the emperour practised under hand, and gaue eleuen thousand crownes unto certaine of the most factious of the Grisons, to make head, as they confessed afterwards being put to torture, and were condemned in a fine of ten thousand crownes; as I have learned out of the @@ -4983,7 +4982,7 @@ becommeth their slaue; and so likewise it is, if any thing come from them to vs: thus much he. But this law we now vse not, for regard of that curtesie which ought to bee betwixt manWho indeed are to be accounted - enemies. and man. But by the name of enemies we vnderstand them unto + enemies. and man. But by the name of enemies we understand them unto whome we, or they unto vs, have publickly denounced warte; or els without any denuntiation have of fact made warre vpon vs: as for the rest they are to be deemed of, as of theeves or pirats, with @@ -5016,7 +5015,7 @@ enclosed but in strait wals, and the countrey of Beotia; yet for all that were they both in the league of their alliance equall. Now where we said, that in alliance of protection, the protector hath a - prerogatiue of honour; that is not to be vnderstood onely, that hee ought to be + prerogatiue of honour; that is not to be understood onely, that hee ought to be the chiefe allie, as was Lewes the eleuenth the French king with the Swissers, who did him that honour aboue the duke of Sauoy, who was before the chiefe: For alwayes the soueraigne prince be he neuer so little, @@ -5100,10 +5099,10 @@ instant="false"/> of the Swissers are not one, but diuers Commonweales. but one Commonweale: and yet it is most certaine that they be thirteene Commonweals, holding nothing - one of another, but euerie one of them hauing the soueraignty thereof diuided + one of another, but euerie one of them having the soueraignty thereof divided from the rest. In former time their countrey was but one member of the German empire, gouerned by the emperours deputie. The first that rebelled were the - inhabitants of Schwits, Vri, and Vnderuald, who treated of alliance both + inhabitants of Schwits, Vri, and underuald, who treated of alliance both defensiue and offensiue, in the month of December, in the yeare 1315: whereof the first articleThe beginning of the Swissers revols from the Empire, and the first establishing of their Commonweales. was, @@ -5111,11 +5110,11 @@ soueraigne prince ouer him. And afterwards in the yeare 1332 alliance was made of foure Cantons, which were called the foure townes of the wood, viz. Vri, Schwits, and Lucerne. And in the yeare 1351, Zurith entred into alliance with these foure. - And in the yeare 1352 Zug was also receiued with these fiue; and the yeare + And in the yeare 1352 Zug was also receiued with these five; and the yeare following Berne. And afterwards in the yeare 1393, was made the treatie of Sempach (after that the nobilitie of the Swissers was by the commonaltie discomfited and ouerthrowne) wherein they of Zurich, Lucerne, Berne, Soleure, - Zug, Vri, Schwits, Vnderuald, and Glaris, entred into alliance defensiue and + Zug, Vri, Schwits, underuald, and Glaris, entred into alliance defensiue and offensiue; which they renewed in the yeare 1481. Basill was also receiued in the yeare 1501: Schaffuse also and Apenzel in the yeare 1513, Mulhouse in the yeare 1520, Rotwill in the yeare 1519. The Valesians also in the yeare 1528, with whom beside the auntient treatie, a particular @@ -5126,34 +5125,34 @@ treaties of alliance, the abbat of Orbez, ambassadour for the French king unto the Swissers, hath let me see. Whereby a man may not onely note the pluralitie of Commonweals, but the diuersitie of alliances also. For they of Berne may - summon the three little Cantons of Vri, Schwits, and Vnderuald, unto their + summon the three little Cantons of Vri, Schwits, and underuald, unto their succour, by vertue of their first league: and they of Zurich and Berne, may reciprocally summon the one the other: they of Lucerne may of eight Cantons - summon fiue: And the three little Cantons of Schwits, Vri, and Vnderuald, may + summon five: And the three little Cantons of Schwits, Vri, and underuald, may summon all the rest of the Cantons unto their aid, if they chaunce to be inuaded, and that for diuers causes. The assemblies of al the Swissers, except the Rhaetians, them of Geneua, and the Valesians, are holden euerie yeare: and whatsoeuer is decreed by the greater part of the ambassadours of the cities, bindeth them all in particular, and the lesser part - of the whole in common. The last that entred into the league vnder the + of the whole in common. The last that entred into the league under the protection of the Bernois, were they of Geneua.Geneua the las that entred into league with the Swissers, - vnder the protection of the Bernois. All these allies, confederats, + under the protection of the Bernois. All these allies, confederats, and coallies, made two and twentie Commonweales, with the abbat of St. Gal a - soueraigne prince; all seperated in soueraigntie, and euerie one of them hauing + soueraigne prince; all seperated in soueraigntie, and euerie one of them having their magistrats apart, their state apart, their bursse, their demaine and territorie apart. In briefe, their armies, their crie, their name, their money, their seale, their assemblies, their iurisdiction, their ordinances in euerie - estate diuided. And if one of the Cantons of + estate divided. And if one of the Cantons of themselves get any thing, the rest have no part therein: as the Bernoies have - well giuen to vnderstand: For since they entred into the league, they have + well giuen to understand: For since they entred into the league, they have ioined unto their own domesticall gouernment little lesse than fortie towns, vpon whome they leuie men and money, and giue unto them lawes: ouer which the other Cantons have no power at all: as was iudged by Frauncis the first, the French king, by them chosen arbitrator in this matter. They of Basil also, when in the yeare 1560 they had lent fiftie thousand crownes unto the French king, they tooke the Canton of Soleure to - themselves in caution▪ but hauing by the common aid of al the Cantons taken in + themselves in caution▪ but having by the common aid of al the Cantons taken in the bailiwike of Lugan, with certaine other lands beyond the mountaines; euerie Canton by turne one after another, sent thither their magistrats and gouernours, for the administration of @@ -5162,7 +5161,7 @@ assemblies or diets, is common unto eight Cantons, which after the victorie of Sempech ioyned in league together. It is also (as I suppose) wel known unto all men, how that they are not all of one and the same religion, but to bee therein - diuided, and had therfore oftentimes taken vp arms one of them against another, + divided, and had therfore oftentimes taken vp arms one of them against another, if the French king had not wisely prouided therfore; as well for the sincere loue and affection hee bare unto them, as for the notable interest hee had to maintaine them in peace: for that of their health and welfare the securitie of @@ -5173,10 +5172,10 @@

But unto manie it may seeme, that they altogether make but one estate, considering that, that which is decreed in their diets in common, bindeth euerie one of the Cantons,The Cantons of the Swissers - diuided among themselves for religion. and the lesser part of them - all: as the seuen Cantons Catholike gaue well to vnderstand unto the foure + divided among themselves for religion. and the lesser part of them + all: as the seuen Cantons Catholike gaue well to understand unto the foure Cantons Protestants, at the diet holden in September, in the yeare 1554, - insomuch that the common countrie situat beyond the mountaines, diuided in + insomuch that the common countrie situat beyond the mountaines, divided in religion, and gouerned by the magistrats that euerie Canton sendeth thither by turne; it chaunced that the seuen Cantons Catholike caused them of the common countrey to bind themselves not to chaunge the religion Catholike: and so @@ -5198,12 +5197,12 @@ alliance with any prince whatsoeuer without the wholeNone of the cantons may make alliance with any prince, wishout the whole consent of the rest of the cantons consent of the rest. As the cantons - protestants hauing made alliance with Philip the + protestants having made alliance with Philip the Landgraue of Hessen, and the seignorie of Strasburg, in the yeare 1532, were by the rest of their allies enforced againe to depart from the same. As in like case the cantons catholike were compelled to renounce their new alliance made - with the house of Austria. And albeit that the fiue cantons catholike Lucerne, - Vri, Schwits, Vnderuald, and Zug, had made alliance with Pope Pius the fourth, for the defence of their religion; yet could they not + with the house of Austria. And albeit that the five cantons catholike Lucerne, + Vri, Schwits, underuald, and Zug, had made alliance with Pope Pius the fourth, for the defence of their religion; yet could they not with any rewards (were they neuer so great) be enduced to renew the same with his successours. But when treatie was had, for alliance to bee made betwixt @@ -5220,7 +5219,7 @@ league of friendship onely, but in giuing of their aid also: when as for al that, they of Zutic and Berne, in the yeare 1554, forbad their subiects vpon paine of death to serue the French king in his warres. And the same yere the - gouernors of the canton of Vnderuald, + gouernors of the canton of underuald, requested by the cardinall of Trent, That by their leaue hee might leuie certaine men in their countrey; forbad their subiects in generall, vppon paine of death, and confiscation of their goods, to go to serue any other prince than @@ -5243,10 +5242,10 @@ The same opinion we may have of the alliance contracted betwixt the Romans and the rest of the townes of Italie, combined in league both offensiue and defensiue, against all men without - exception: who yet neuerthelesse were diuers Commonweales, diuided both in + exception: who yet neuerthelesse were diuers Commonweales, divided both in their assemblies and soueraigntie. The like we may say of the league of the seuen townes of the Amphictioniques, who had their meetings and soueraigntie - diuided: to whose example most of the townes and seignories of Greece + divided: to whose example most of the townes and seignories of Greece afterwards entred into the same league and confederation, for the deciding of their controversies: and euerie yeare every seignorie sent their ambassadours and deputies unto the common estates, where the greatest affaires, proceedings, @@ -5270,13 +5269,13 @@ promise among themselves, and to chuse their allies for their arbitrators: which neither the Lacedemonians, nor the Phocenses had done, neither could against their wils be of right thereunto enforced. Yea the Phocenses to giue - the Amphictioniques to vnderstand that they had no power ouer them, pluckt + the Amphictioniques to understand that they had no power ouer them, pluckt downe and tore in peeces the decrees of the Amphictioniques, fastened unto the pillers of the temple of Delphos. Yet true it is, that Philip king of Macedon (beeing himselfe none of the league) tooke hereupon occasion to denounce the sacred warre unto the Phocenses, and to ruinat their state: and in recompence therof obtained the place and priueleges of the Phocenses: the Lacedemonians being - also excluded out of the league of the Amphictioniques, for hauing giuen unto + also excluded out of the league of the Amphictioniques, for having giuen unto them succours. The like league almost we also find to have bene amongst the auntient Gaules, as is to bee seene in the CommentariesThe alliance of the auntient Commonweals of Gaule. of Caesar, where he saith, That Vercingentorix @@ -5289,7 +5288,7 @@ iudgements of the Druydes; unto whose censure if they refused to obey, they were by them excommunicated, and so of euerie man shunned, as men of all others most detestable. And yet is it most manifest - that these Commonweales which I have spoken of, had their soueraignties diuided + that these Commonweales which I have spoken of, had their soueraignties divided one of them from another, the territories of their cities certainely bounded out, and every one of them their owne proper state and maiestie.

@@ -5297,12 +5296,12 @@ one seignorie, when the partners of one league doe agree in the same soueraigntie: a thing not easie to be iudged; if a man looke not neere into it. As the league of the Achaeans was not at the first but - of three cities, diuided in estate, assemblies, and soueraigntie; allies + of three cities, divided in estate, assemblies, and soueraigntie; allies The league of e Achaeans. - by alliance equal, both defensiue & offensiue: who hauing the same enemies + by alliance equal, both defensiue & offensiue: who having the same enemies & the same friends, yet at the beginning kept every one of them unto themselves the maiesty of their owne citie. But being troubled with continuall warres, and enforced to hold their often assemblies, they by little and little @@ -5327,7 +5326,7 @@ assemblie of the ambassadours and deputies so sent, should make choyce of ten principall men, whome they called Demiurges, who alone had voices deliberatiue, and power to resolue, to determine, and - decide matters of state: therest of the ambassadours and deputies hauing onely + decide matters of state: therest of the ambassadours and deputies having onely voyces consultatiue. These two points gained, there by little and little grew vp an Aristocraticall Commonweale, in stead of diuers particular Monarchies, Aristocraties, and popular Seignories: many tyrants partly for loue, partly for @@ -5345,7 +5344,7 @@ not possibly conquer Greece, the league of the Achaeans standing whole, gaue commaundement unto Gallus their Proconsull, by all meanes possible to doe what he might to breake the same; which hee not in vaine - attempted. For diuers cities complaining unto the states, that vnder colour of + attempted. For diuers cities complaining unto the states, that under colour of a league and alliance equall, they had taken from them the managing of their estate and soueraigntie; and assuring themselves of the aid of the Romans, reuolted from the communitie of the @@ -5357,7 +5356,7 @@ seemed unto the rest of the Achaeans inuincible, they for the safegard of their libertie, entred into amitie with the Romans also; yet with condition, That the Lacedemonians, whome the Romans had in a manner drawne - from the state of the Achaeans, should from thenceforth be vnder the protection + from the state of the Achaeans, should from thenceforth be under the protection and power of the Achaeans, except in case concerning the life or goods of a Lacedemonian citisen, wherewith the Achaeans might not meddle. Which was by the Romans most subtilly done: that so there @@ -5368,9 +5367,9 @@ them altogether free, it was to be feared least they should together with their wonted valour, have recouered their auntient Commonweale also. The like deceit they vsed also against the Aetolians, which was another estate and league - diuided from theThe league of the Aetolians. + divided from theThe league of the Aetolians. Achaeans, composed of three cities, who had also their estate, assemblies, - & soueraigntie diuided; but in fine, + & soueraigntie divided; but in fine, following the example of the Achaeans, they of three Commonweals allied with alliance equall, both defensiue and offensiue, established one Aristocratical Commonweale, mannaged by the states of the three confederats, & by one @@ -5441,7 +5440,7 @@ out of the empire: which thing, when the emperour seemed by his letters rather to commaund than to request; the Swissers (a free people) were therewith not a little moued. And before that also, Morlet Musa ambassadour for the French king unto the - Swissers, certified the king, How that the gouernour of Milan (as hauing such + Swissers, certified the king, How that the gouernour of Milan (as having such charge from the emperour) had forbidden the cardinall of Syon to enter into league with the French king, for that hee was a prince of the empire: of which his commaund the cardinall made no great account, but without regard of his @@ -5464,7 +5463,7 @@ maiestie; but the Swissers confesse not that the emperor hath any superioritie ouer them, and much lesse the emperour, subiect to the states of the empire. It is also true, that by the treatie made betwixt the eight auntient cantons, - there is an expresse clause, whereby the cantons of Zurich, Berne, Schwits, and Vnderualden (as hauing sometime bene + there is an expresse clause, whereby the cantons of Zurich, Berne, Schwits, and underualden (as having sometime bene part of the German empire) declared, That for their part they entended to comprehend in that treatie the maiestie of the sacred empire, the right whereof they purposed not to preiudice by that treatie of alliance. And within a few @@ -5534,7 +5533,7 @@ other forren princes, so that it be done without the preiudice of the German empire. For whatsoeuer leagues are by them otherwise made, are void and of none effect. But when the empire is excepted, the emperour himselfe is not therefore - excepted, as hath oftentimes but neuer more plainely bene vnderstood, than in + excepted, as hath oftentimes but neuer more plainely bene understood, than in the league which many of the German princes made with Henrie the second, the French king, at Chambort, for the defence of the German empire, against the emperour Charles the fift, in the yeare 1552. In which league they @@ -5607,7 +5606,7 @@ point for the understanding of the nature of a Commonweale. And forasmuch as wee have before defined a Commonweale to be the right gouernment of many families, and of things common amongst them, with a most high & perpetuall - power: it resteth to be declared, what is to be vnderstood by the name of a + power: it resteth to be declared, what is to be understood by the name of a most high and perpetuall power. WeThat Soueraigntie consisteth in a perpetuall power. have said that this power ought to be perpetuall, for that it may bee, that that absolute power ouer the subiects @@ -5689,7 +5688,7 @@ - hauing vanquished the enemie, forth with discharged himselfe of the + having vanquished the enemie, forth with discharged himselfe of the Dictatorship, which he had not had but fifteene dayes, Seruilius in eight dayes, Mamercus in one day. And the Dictator was also named, not by the Senat, or the people, neither by the magistrats, or request made unto the people; nor by any laws which were @@ -5701,7 +5700,7 @@ neither Dictatorship nor law, but a most cruell tyrannie; whereof for all that he discharged himselfe the fourth yere after he was made Dictator, when as he with the blood of the citisens had quenched the flames of the civill warres; - hauing yet still in the meane time reserued unto the Tribunes their free power + having yet still in the meane time reserued unto the Tribunes their free power to oppose themselves against his authoritie. And although Caesar fortie yeares after had inuaded the perpetuall Dictatorship together with the libertie of the people, yet left hee unto the Tribunes of the people, their power to oppose themselves against his proceedings: but when as @@ -5795,11 +5794,11 @@ should interpret that onely to be a perpetuall power which shall neuer have end, there should be at all no soueraigntie, but in the Aristocraticall and popular state, which neuer dieth except it - be vtterly rooted out. Or if we vnderstand the word, Perpetuall, in a monarch + be vtterly rooted out. Or if we understand the word, Perpetuall, in a monarch for him and his heires, there should be few perpetuall soueraigne monarches, seeing there bee but few that be hereditarie; so that they which come to the crowne by way of election, should not be soueraignes: wherefore we must - vnderstand the word Perpetuall, for the tearme of the life of him that hath the + understand the word Perpetuall, for the tearme of the life of him that hath the power. Now if the soueraigne and annuall onely, or which hath a certaine prefixed and limited time to rule, chance to continue his gouernment so giuen him, beyond the appointed time; that must either be by the good liking of him @@ -5832,7 +5831,7 @@ magistrat, gouernour, or lieutenant, or other forme of deputation; it is certaine that such an one is, and may call himselfe a Soueraigne Monarch: for so the people hath voluntarily disseised and dispoyled it selfe of the soueraigne power, to sease and inuest another - therein; hauing on him, and vppon him transported all the power, authoritie, + therein; having on him, and vppon him transported all the power, authoritie, prerogatiues, and soueraignties thereof: as if a man should by pure gift deliver unto another man the proprietie and possession that unto him belongeth: in which case such a perfect donation admitteth no conditions. In which sort @@ -5864,7 +5863,7 @@ of the countrey, which should be muchHector Boet. in hist. Scot. stronger than election. As by an auntient law amongst the Scots, the entire gouernment of the kingdome was committed unto him that was - neerest of blood unto the king in his minoritie, or vnder the age of xxv + neerest of blood unto the king in his minoritie, or under the age of xxv yeares, yet with charge that all things should be done in the kings name: which law was long ago abrogated, for the danger might grow unto the young king, by his nigh kinsmen affecting the kingdome: for which, Caesar thought it lawfull for a man to become villanous. @@ -5892,7 +5891,7 @@ prince and the people to whome the right of the election belongeth, make choiceThe forme of chusing the great king of Tartarie. of one of the kinsmen of the dead king, which they thinke - best of (prouided that he be either his sonne or his nephew) and hauing placed + best of (prouided that he be either his sonne or his nephew) and having placed him in a throne of gold, the bishop (after a solemne song sung according to the manner of their auncestours) turning his speech unto the king, in the name of the people, saith thus, Wee pray thee, and charge thee to raigne ouer vs: to whom the king aunswereth, If you @@ -5922,7 +5921,7 @@ inThe forme of inuesting the duke of Carinthia. realmes and principalities, descending by succession. But the like is not to that of Carinthia, where yet at this present neere unto the citie of St. Vitus, in a meddow is to be seene a marble stone, - whereunto a countrey pesant unto whom that office of right belonged, stept vp, hauing vpon his right hand a blacke cow, and + whereunto a countrey pesant unto whom that office of right belonged, stept vp, having vpon his right hand a blacke cow, and on his left a leane euill fauored mare, and all the people about him; towards whome he that is to be created duke commeth marching, with a great number of lords, all apparelled in red, and his ensignes displayed before him; all in @@ -6001,7 +6000,7 @@ soueraigne. absolued from all the laws, ordinances, and customes of his Commonweale, and commaundement of the magistrat; and yet be neither prince, nor soueraigne. Example we have of Pompey the great, who was dispensed withall from the - lawes for fiue yeres, by expresse decree of the people, published at the + lawes for five yeres, by expresse decree of the people, published at the request of of Gabinius the Tribune, at such time as extraordinarie power was giuen him to make warre against the pirats: neither is it any new thing or straunge thing to dispence with a subiect for his obedience @@ -6098,21 +6097,21 @@ the Canonists say;) so neither can a soueraigne prince bind his owne hands, albeit that he would. Wee see also in the end of all edicts and lawes, these words, Quia sic nobis placuit, Because it hath so - pleased vs: to giue vs to vnderstand, that the lawes of a soueraigne prince, + pleased vs: to giue vs to understand, that the lawes of a soueraigne prince, although they be grounded vpon good and lively reasons, depend neuerthelesse vpon nothing but his meere and franke good will. But as for the lawes of God and nature, all princes and peopleAll princes and people are subiect unto the lawes of God and nature. of the world are unto them subiect: neither is it in their power to impugne them, if will not be guiltie of high treason to the diuine - maiestie, making warte against God; vnder the greatnesse of whome all monarches + maiestie, making warte against God; under the greatnesse of whome all monarches of the world ought to beare the yoke, and to bow their heads in all feare and reuerence. Wherefore in that wee said the soueraigne power in a Commonweale to be free from all lawes, concerneth nothing the lawes of God and nature. For amongst the Popes, Innocentius Quartus. hee that of all others best knew the lawes of maiestie or soueraigntie, and had - almost brought vnder him the power of all the Christian emperours and princes, + almost brought under him the power of all the Christian emperours and princes, said him to be indeed a soueraigne that was able to derogat from the ordinary - right (which is as I vnderstand it, from the laws of his countrey) but not from the lawes of God or nature.

+ right (which is as I understand it, from the laws of his countrey) but not from the lawes of God or nature.

But further question maybe, Whether a prince bee a subiect to the lawes of hisWhether The parliaments of England. 1566, when the estates by a common consent had resolved - (as they gaue the queene to vnderstand) not to entreat of any thing, vntill she + (as they gaue the queene to understand) not to entreat of any thing, vntill she had first appointed who should succeed he in the crowne: She gaue them no other aunswere, But that they were not to make her @@ -6406,7 +6405,7 @@ commaundement from the king. Yet this may seeme one speciall thing▪ that the laws made by the king of England, at the request of the states, cannot bee againe repealed, but by calling a parliament of the estates: Which is much vsed - and ordinarily done, as I have vnderstood by M. Dale, + and ordinarily done, as I have understood by M. Dale, the English ambassadour, an honourable gentleman D. Dale. and a man of good understanding, who yet @@ -6416,7 +6415,7 @@ alwaies vsed his soueraigne power, and with his onely word to have disanulled the decrees of parliament▪ albeit that the kings of England are not otherwise crowned, but that they must sweare inuiolatly to keepe the lawes and customes - of the land: which how that oath is to be vnderstood, I referre you to that + of the land: which how that oath is to be understood, I referre you to that which wee have before reported. But here might some obiect and say▪ That the estates of England suffer not any extraordinary charges and subsidies to be laid vpon them, if it be not first agreed vpon and @@ -6439,7 +6438,7 @@ accustomed every third yeare to demaund of the people an extraordinarie subsidie, which is for the most part graunted. As in the parliament holden in Aprill, in the yeare 1570, the queene of England by the consent of the estates, - drew from them fiue hundred thousand crownes (as the like whereof is sometime + drew from them five hundred thousand crownes (as the like whereof is sometime also vsed to bee done in Spaine) from which manner of tribute she had now many yeares before abstained. Now here might some obiect also, That the estates of England have power to condemne,Polydor. in hist. AnglorBut yet there remaineth another difficultie to resolue vpon, concerning the aforesaid estates of England, who seemed to have power to commaund, resolue, and decide of the affaires of state. For queene Marie - hauing assembled them for the passing of the articles of agreement concerning + having assembled them for the passing of the articles of agreement concerning the mariage with king Philip: after many disputes and difficulties proposed, in fine, the conclusion of the @@ -6477,7 +6476,7 @@ absolute, after the consummation of the mariage; so that the said prince shall not pretend by the way of the courtesie of England, any claime to the crowne or soueraigntie of the realme, nor to any other rights, preheminences, or - authorities: That all mandats and letters pattents shal passe vnder the name of + authorities: That all mandats and letters pattents shal passe under the name of the said prince and queene iointly: which letters signed with the hand of the queene alone, and sealed with the great seale, shall be auailable: but being not signed by the said queene, shall be void and to none @@ -6549,10 +6548,10 @@ Now if it be profitable that the soueraigne prince, for the good gouernment of an estate, should have - the power of the laws vnder him; then it is more expedient for the gouernour in + the power of the laws under him; then it is more expedient for the gouernour in an Aristocraticall estate; and necessarie for the people in their popular - estate: for the monarch is diuided from the people; and in the Aristocraticall - state, the lords or gouernours are diuided from the commonaltie and vulgar + estate: for the monarch is divided from the people; and in the Aristocraticall + state, the lords or gouernours are divided from the commonaltie and vulgar people; in such sort as that in both the one & other Commonweal, there are two parties, that is to wit, he or they that hold the soueraigntie on the one part, and the people on the other; which causeth the difficulties which are @@ -6572,7 +6571,7 @@ lawes, but not all together; for that every one of them in particular was bound unto the power of them all in generall. But an oath could not be giuen by them all: for why, the people in generall is a certaine vniuersall bodie, in power - and nature diuided from every man in + and nature divided from every man in particular. Then againe to say truly, an oath cannot beeAn oath cannot be made but by the lesser to the greater. made but by the lesser to the greater, but in a popular estate nothing can bee greater than the @@ -6588,10 +6587,10 @@

-

But if it be so, that a soueraigne prince next vnder God, is not by oath bound +

But if it be so, that a soueraigne prince next under God, is not by oath bound unto any, why did Traian the emperor standing vpright, before the Consul sitting, solemnly sweare to the keeping of the lawes? That - seemeth to have beene so done by him for two causes, the one, for that hauing + seemeth to have beene so done by him for two causes, the one, for that having gotten the Consulship, together with his principalitie, he swore as the Consuls did at their entrance into their Consulship; as also al the new magistrats did the first of Ianuarie, after they had sacrificed in the Capitoll: The other @@ -6605,8 +6604,8 @@ and place, aboue the rest: as amongst the Venetians: For the Roman emperour or prince, at the first was in honour aboue the rest, but not in power: howbeit that in truth the greatest part of the Roman emperors were indeed tyrants. - Which is well to be vnderstood, for that which happened in the raigne of Caligula the cruell tyrant,The Roman - emperours for most part tyrants. who hauing bid certaine forten kings + Which is well to be understood, for that which happened in the raigne of Caligula the cruell tyrant,The Roman + emperours for most part tyrants. who having bid certaine forten kings and allies of the people of Rome to supper, and question there at the table arising about their honour and greatnesse; hee to stay their strife, rapt out this verse, taken out of Homers Iliades; @@ -6670,7 +6669,7 @@ soueraigne. But this oath was first drawne out of the mouth of Frederick this mans grandfather, at such time as he made warre against Christierne king of Denmark (who was driuen out of his kingdome, and after long banishment returning, at length died - in prison, wherein he had lived twentie fiue yeares) and was afterward + in prison, wherein he had lived twentie five yeares) and was afterward confirmed by Christierne father of Frederick, who tooke the same oath. And to the end hee should not violat, or breake the same, the nobility to that purpose treated a league with the towne of Lubec, and Sigismundus Augustus king of @@ -6710,7 +6709,7 @@ in the end, not only with those their country laws, but euen with the laws of God & nature, making account of them all alike, as if they were bound to neither, but of both discharged. But to make all this matter more plaine to be - vnderstood,Examples to proue that lawes once made and + understood,Examples to proue that lawes once made and established, may not by them that have the soueraigntie be againe chaunged. we will by examples make manifest that before said. Wee read it thrice repeated in Dan. that by the customs of @@ -6744,7 +6743,7 @@ should be of any force, except they were confirmed by the generall decree of the whole Senat. In like maner also by the decree of Lewes the eleuenth, the French king, concerning the institution of knights of the order, in the eight article, it is - expresly said, That the king shall vndertake no warre, nor other thing + expresly said, That the king shall undertake no warre, nor other thing whatsoeuer of great importance, concerning the high estate of the Common weale, without knowledge thereof giuen unto the knights of the order, so to have and vse their aduice and counsell. And for that cause, as I suppose, the edicts of @@ -6763,7 +6762,7 @@ honourable, and yet a stranger, to be in greater grace and favour with the king than themselves, and exalted in their countrey in degree next unto the king, made that false allegation of the strength of their lawes against him, with - whose accusation the king deceiued, or els to proue if Daniels God could saue him from death, caused him to be cast unto the hungrie lyons. But hauing in him + whose accusation the king deceiued, or els to proue if Daniels God could saue him from death, caused him to be cast unto the hungrie lyons. But having in him seene the wonderfull power and mercie of God towards his seruants, he gaue Daniels enemies to bee deuoured of the same lyons: wherein the end well shewed, the king to have beene aboue the lawes of his countrey. In like sort Darius Memnon at the request of a @@ -6789,7 +6788,7 @@ the people for the obtaining of any priueledge or exemption, and the like paine to bee inflicted vpon him that should so much as speake for repealing that edict. Wherein Demosthenes hardly withstood Leptines, & so - wrought the matter, that his request was receiued, hauing manifestly showed the + wrought the matter, that his request was receiued, having manifestly showed the people by consenting to this law, to be dispoiled not onely of the prerogatiue that it had to graunt exemptions and priueledges to such as should well deserue of them, but also of the power to abrogat lawes by them made, if the necessitie @@ -6835,7 +6834,7 @@ for otherwise (sayth he) one should neuer see law repealed, seeing that there is no law which carieth not this clause with it: from which men yet doe ordinarily derogate. Thus much he. Which is yet - more plainely to be vnderstood out of the Oration of Fabius Ambustus against the + more plainely to be understood out of the Oration of Fabius Ambustus against the intercession of the Tribunes of the people, who maintained, that the people could not chuse both the Consuls of the nobilitie, for that by a law before made it was ordained, That one of the Consuls should be still chosen out of the @@ -6847,7 +6846,7 @@ same forme and cautions, for the establishing of their edicts and lawes, that our kings doe: who unto the lawes by them made, oftentimes ioyne this clause: Without that therefrom can by vs, or our successors be - derogated. Or els, without regard hauing unto any + derogated. Or els, without regard having unto any derogation, @@ -6986,12 +6985,12 @@ honest, albeit that some therby receiue profit, and some others losse; prouided that the profit be publicke, and the losse particular: and yet if the prince shall otherwise decree, it is not lawfull for the subiect to breake the laws of - his prince, vnder the colour of honestie, or iustice: as if the prince in time + his prince, under the colour of honestie, or iustice: as if the prince in time of famine, forbid the carrying out of victuals (a thing not only profitable to the Commonweale, but oft times also iust and reasonable) he ought not to giue leaue to some few to carry thē out, to the preiudice of the common state, & of other marchants in particular; for - vnder the colour of profit that these flatterers and scrapers carrie things, + under the colour of profit that these flatterers and scrapers carrie things, many good marchants suffer losse, and all the subiects in generall are famished: and yet neuerthelesse the famine and dearth ceasing, it is not yet lawfull for the subiect to transgresse the edicts of his prince, and to carrie @@ -7152,7 +7151,7 @@ owne laws, (as Oldrad writeth.) And albeit that there were nothing in the lawes and customes of their countrey which differed from the Roman lawes, yet such is the force of that - edict, that all men may vnderstand that the judges in deciding of the subiects + edict, that all men may understand that the judges in deciding of the subiects causes, were not bound unto the Roman lawes: & therfore much lesse the prince himselfe, who thought it a thing daungerous to have his judges bound unto straunge lawes. And worthy he is to be accounted a traitor, that dare to @@ -7261,7 +7260,7 @@ of forgetfulnes necessarie for the ending of ciuile warres, and composing of controversies betwixt princes. court of Paris against the lord of Saneuses. And therefore is Thrasibulus (and that not - vnworthily) commended, that hauing ouerthrowne and driuen thirtie tyrants out + vnworthily) commended, that having ouerthrowne and driuen thirtie tyrants out of the citie of Athens, he caused the law of forgetfulnesse to be proclaimed. Wherein was contained the forgetting of all priuat iniuries and losses receiued in the late civill warre: which was also @@ -7275,7 +7274,7 @@ civill warres, we must defend the possessors of other mens things, although they hold them wrongfully, vntill the right honours may be satisfied out of the common treasure: or if the common treasure be exhausted, to borrow money to - content them. As did Aratus, who hauing restored his countrey to liberrie, after it had for + content them. As did Aratus, who having restored his countrey to liberrie, after it had for the space of fiftie yeares bene oppressed with tyranny, restored also sixe hundred banished men, whose lands & goods had bene by the tyrant confiscated. Yet would hee not the possessors of those lands, which the tyrants @@ -7284,7 +7283,7 @@ it could not be done without a most daungerous turmoile in the state. Wherefore he bound all the citisens by oath, That they should keep peace and amitie vntill such time as he returning out of Aegypt, should then take order for all - things. For hauing there borrowed threescore thousand crownes of K. Ptolemaeus Philadelphus, he returned into his countrey, + things. For having there borrowed threescore thousand crownes of K. Ptolemaeus Philadelphus, he returned into his countrey, and priing the land, so wrought the matter, that some made choice to take money and leaue the land; @@ -7302,7 +7301,7 @@ for that euen the emperour would he neuer so faine, can no otherwise giue or graunt any other thing to any bodie. For that which the common people commonly saith, All to be the - princes, is to be vnderstood concerning power and soueraigntie,How it is to bee vnderstood, All to be the princes. the + princes, is to be understood concerning power and soueraigntie,How it is to bee understood, All to be the princes. the proprietie and possession of euerie mans things yet reserued to himselfe. For so saith Seneca, Ad reges potestas omnium pertinet, ad singulos proprietas, unto kings belongeth the power of all things, and @@ -7326,7 +7325,7 @@ kings request the court of Paris denied, as appeareth by the decree of the court, in the yeare 1419. But no such strict proceeding is vsed against priuat men, who alwaies in such case are againe - restored into the state they before were. And albeit that subiects vnder xxv + restored into the state they before were. And albeit that subiects under xxv yeares old, almost in all priuat iudgements vse to be againe restored into the state they were, by the priuelege of their age; yet our kings although but children, are neuer so restored by the benefit of their age, but in all @@ -7334,7 +7333,7 @@ is alwaies reputed to be in minoritie: which is to aunswere them which are of opinion, That the Commonweale ought not to be restored; in that they confound the patrimonie of the prince, with the Commonweale, which is alwaies in a - monarchie diuided: but all one in a popular or an Aristocraticall + monarchie divided: but all one in a popular or an Aristocraticall state. With this stoutnesse of courage the magistrats bare themselves towards our kings, & with this moderation also did our kings reuerence iustice, preferring still in all sutes the Commonweale @@ -7350,7 +7349,7 @@ hand) he was so farre from reuenging of his receiued iniuries, that hee vsed the citisens most curteously, and showed himselfe more obedient unto the judges than priuat men have vsed to be. When at the same time Philip - Maria, duke of Milan, hauing oppressed the Commonweale with taxes and + Maria, duke of Milan, having oppressed the Commonweale with taxes and tributes, embarred also his ports and riuers, in such sort as that none of the citisens without his leaue could passe or trauell thereby, but that first they must therefore pay money.

@@ -7462,7 +7461,7 @@ others harmes: but it much concerneth a Commonweale, so much as in it lieth, to preserue and keepe the publike faith, least in the extreame daungers thereof, all the meanes for the reliefe thereof should be - shut vp. And thus are to bee vnderstood, those things which the court of Paris + shut vp. And thus are to bee understood, those things which the court of Paris decreed in the yeares 1256, and 1294, viz. The king not to be bound unto the couenants and agreements of the former kings his predecessours: their opinion being reiected, which say, That a soueraigne @@ -7524,7 +7523,7 @@ Leude, which is to say, franke and free: Aldius and Alda, affranchised, from whence the words Alaudium and Laudimia are deriued, signifying the honourable rewards woont to be giuen to the lord of the fee, taking the oath of fealty of his vassall. But - hauing thus much said for the explanation of these words, let vs proceed + having thus much said for the explanation of these words, let vs proceed unto our purpose.

We have said here before, him to be an absolute soueraigne, who next unto @@ -7588,7 +7587,7 @@ the submission, the seruice, and dutie of the vassall, which he is by the tenour of his fee bound to giue unto his lord.

-

Which that it may be the better vnderstood, we will make nine degrees of +

Which that it may be the better understood, we will make nine degrees of inferiours,Nine degrees of subiection of inferiors towards their superiors. in respect of their superiours: beside him who next unto almightie God, acknowledgeth none superiour unto himselfe. The @@ -7614,7 +7613,7 @@ simply called meere vassals, who are bound to defend the honour of their lord, and to take vp arms for him, but not at all times, nor against all men. The sixt sort are they whom wee call liege vassals, who are not naturall subiects - unto the prince, but hauing giuen him their + unto the prince, but having giuen him their faith, are bound to defend his dignitie and honour, and for his defence to take vp armes without exception; yet not alwaies, nor in all places, but so farre forth as the profit of the fee, or the contract of their vassallage extendeth. @@ -7700,7 +7699,7 @@ country, did fealtie and homage to Adelstan king of England; and after that Baliol king of Scots did fealtie and homage also to the king of England, declaring himselfe to hold the - kingdome of Scotland vnder the protection of the English, excepting the xxxij + kingdome of Scotland under the protection of the English, excepting the xxxij Islands of the Orcades, which then & afterwards also were holden in fealtie and homage of the kings of Norway; and owe unto the new king comming to the crowne ten markes of gold, as was agreed betwixt the kings of Scotland and @@ -7825,7 +7824,7 @@ homage (being himselfe no soueraigne, nor subiect unto him which is lord of the fee) and him which is soueraigne of a countrey, and yet vassall to some other lord for some fee; as of him which is in protection onely, or which is - tributarie unto a prince, hauing soueraigntie ouer his subiects, or which is + tributarie unto a prince, having soueraigntie ouer his subiects, or which is himselfe a naturall subiect. WherforeThe prince that holdeth of another, is himselfe no absolute Soueraigne. we conclude, that there is none but he an absolute soueraigne, which holdeth nothing of another @@ -7857,13 +7856,13 @@ oft times iudged in such like cases. But contrariwise the lord of the fee may constraine his vassall to yeeld his fealtie and homage unto his deputie, as is commonly vsed. But if the vassall be - yet vnder age, or so young as that he yet wanteth understanding, he is to be + yet under age, or so young as that he yet wanteth understanding, he is to be borne with for doing of his fealtie and homage, vntill he be of age to do it, except it pleaseth the lord of the fee to receiue it by his deputie: As did king Lewes the xj, who by Philip Commines his ambassador receiued fealtie & homage of the mother of young Galeas duke of Milan, for the duchie of Genes, the - duke her sonne being vnder age, and paying fiftie thousand ducats for reliefe. + duke her sonne being under age, and paying fiftie thousand ducats for reliefe. And for the same cause in the treatie made betwixt Lewes the eleuenth, and Maximilian archduke of Austria, in the yeare 1482, in the 56 article it was expresly set downe, That the subiects on @@ -7885,7 +7884,7 @@ should in person himself yeeld his fealtie & liege homage unto the French king. Which liege homage (as they tearme it) is of that force, as that the person of no prince, pope, or emperour, is therein excepted. Now the forme of - the homage declared by the treatie, in the yeare 1331, betwixt Philip Valois the French king, and Edward the third, is this: The king of England hauing his hands + the homage declared by the treatie, in the yeare 1331, betwixt Philip Valois the French king, and Edward the third, is this: The king of England having his hands ioyned, and put The forme of the homage made by the kings of England unto @@ -7995,7 +7994,7 @@ of the Empire should be much debased, if they should of his vassall make their head and Emperour: wherewith the emperour not a little moued, and afterwards at the battell of Paie hauing taken him prisoner, would + instant="false"/>ie having taken him prisoner, would neuer consent unto his deliverance, vntill hee had quite discharged the Low countries from the fealtie and homage wherein they were before bound unto the French.

@@ -8071,11 +8070,11 @@ France, to make peace with the French king, so with their vnited forces to make warre vpon the Protestant princes, as was agreed vpon in the first article of the treatie of Soissons, made in September - in the yere 1544: which haply the emperour would not have done (hauing had his + in the yere 1544: which haply the emperour would not have done (having had his armie but a little before by the French men ouerthrowne in Italie, and now with doubtfull euent making warre in Fraunce) if he had not bene liege vassall unto the pope, & by him threatned to loose the kingdoms of Naples and Sicilie, - as he was well giuen to vnderstand. Which the pope did, not so much moued with + as he was well giuen to understand. Which the pope did, not so much moued with the publike calamitie or troubled estate of the Church, as with the power of Charles, wherewith he was like to have subdued most part of Europe, had hee not bene letted by the armes and power of the French. @@ -8099,7 +8098,7 @@ hereunto also, that the popes have sincePius Quintus the pope angrie with Ferdinand the emperour for not receiing of him the imperiall crowne. this 300 - yeres pretended that the emperor may not take vpon him the empire, but hauing + yeres pretended that the emperor may not take vpon him the empire, but having before of them receiued the imperiall crowne; as pope Pius the fift by his Legats sharply rebuked the emperour Ferdinand, for that he had not of him receiued the imperiall crowne, which his brother Charles had not before doubted so to receiue; and had by excommunication compelled him so to @@ -8115,7 +8114,7 @@ one alone, and him the first and chiefest, without exception of any man liuing. And in case he be the vassall of many coheires for one and the same fee, he is liegeman unto them all together, but not to any of them separatly, considering - that his fealtie cannot be diuided; neither can he do his liege homage unto one + that his fealtie cannot be divided; neither can he do his liege homage unto one of them without exception, for the concurrence of the rest: yet truer it is, his fealtie to be due unto one onely of his patrons, whome he shall make choice of, if that his patrons cannot agree, or els to them @@ -8126,7 +8125,7 @@ and that much more the liege vassall, who cannot giue unto manie his faith seuerally, without exception.

-

I here vnderstand the liege homage properly as it is to bee vnderstood in the +

I here understand the liege homage properly as it is to bee understood in the lawes of Fees; for that our auncestors have abused this word Liege, in all their auntient treaties of alliance and oathes that they made: I remember that I have seene 48 treaties of alliance, which our kings Philip the v, and Charles the v. vj. vij. and Lewes the xj, made with the three electors @@ -8158,7 +8157,7 @@ Valois the French king, and Alphonsus king of Castile, in the yeare 1336, it is said, That they should giue and receiue fealtie and homage the one of the other: which proceeding but - of the ignorance of their ambassadours, is now better vnderstood, as but an + of the ignorance of their ambassadours, is now better understood, as but an abuse of the words Vassall and Liege: the oathes also of the kings pentioners, and their treaties, carrie no more such words.

Wherefore againe to returne from whence we have a little digressed. I say @@ -8269,7 +8268,7 @@ &c. And we personally therein, inuest thee by a cape of gold, &c. yet so as that thou and thy successours shall therefore giue liege homage, full vassalage, and oath of fidelitie, &c. And an hundred armed horse-men, and - one horse for seruice, and two furnitures at the least for every one, and fiue + one horse for seruice, and two furnitures at the least for every one, and five hundred foote-men of your country of Aragon, with pay for three moneths from the day that they shall enter into the territorie of the church, &c. And moreouer the rent of two thousand markes of good and lawfull sterling money, @@ -8481,7 +8480,7 @@ empire, for the payment of sixe thousand Florines unto the emperour Rodolphe. As also do the Genowayes, who as they say, were by the same emperour enfranchised. HowThe Genowayes. - be it that afterwards they hauing receiued great harme from the Venetians, gaue + be it that afterwards they having receiued great harme from the Venetians, gaue themselves into protection unto king Charles the sixt, the French king: and not long after unto the duke of Milan, who receiued them vpon condition that they should therefore do fealtie and homage unto the French @@ -8495,17 +8494,17 @@

But these were not true alienations, nor exemptions from subiection; but rather simple graunts and gifts, with certaine - priueleges to gouerne their estate, vnder the obeisanceThat + priueleges to gouerne their estate, under the obeisanceThat a prince cannot alienat any thing of the publike demaine but that his successors may again resume the same. of the empire. It was not also in the power of the emperours, neither of any prince whatsoeuer, to alienat any thing of the publike demaine, and much lesse of the rights of the soueraigne maiestie, but that it was alwayes in the power of the successour to lay hand thereon againe, as it is lawfull for the lord to lay hold vppon his fugitiue - slaue. As the emperour Maximilian, hauing thrust his + slaue. As the emperour Maximilian, having thrust his armie into Italie, with the power of king Lewes the xij, - and hauing brought a great feare vpon all the cities of Italie, gaue them well - to vnderstand: At which time the Florentines sent their ambassadors unto him, + and having brought a great feare vpon all the cities of Italie, gaue them well + to understand: At which time the Florentines sent their ambassadors unto him, to yeeld unto him fealtie and homage for their estate, and to obtaine of him the confirmation of their priueleges, which cost them fortie thousand ducats. And albeit that Cosmus @@ -8539,7 +8538,7 @@ them of Perouze, ioyned thereunto this clause, Quoad vieret: So long as he should live. And yet for all that pope Iulius the second tooke that towne from - the Baillions, and put it vnder the obeysance of the Church, from whence it was + the Baillions, and put it under the obeysance of the Church, from whence it was said to have bene taken. And how could the cities of Italie, or duke of Florence, have any absolute soueraigntie, seeing that for all differences and controversies concerning their estates, frontiers, demaines, and tenures, they @@ -8575,7 +8574,7 @@ Vienna the xviij of Iuly, in the yeare 1560: which iudgement the emperour gaue after he had seene the opinions of the lawyers of foure vniuersities. And not long after they were by another sentence of the same emperours, giuen in the - moneth of Iuly, in the yeare one thousand fiue hundred sixtie foure, condemned + moneth of Iuly, in the yeare one thousand five hundred sixtie foure, condemned in a processe which they had against Anthonie Flisque, by them banished, who ouerthrew them by an appeale made unto the emperour.

@@ -8642,7 +8641,7 @@ subiects, yet must they needs be the subiects and vassals either of our kings, or of the German empire. For there is no man which knoweth not (if he remember the antiquitie of the French) that all the countrey of Loraine, and the realme - of Arles, after the death of the three children of Lothaire were diuided betwixt the emperour Charles the Bauld of Fraunce, and Lewes king of Germanie his brother. As Vitald, Floard, + of Arles, after the death of the three children of Lothaire were divided betwixt the emperour Charles the Bauld of Fraunce, and Lewes king of Germanie his brother. As Vitald, Floard, and Lambert the best antiquaries do in their histories at large declare. Now so it is that the vassall can neuer prescribe for his homage towards his lord, nor the subiect against the iurisdiction of @@ -8697,7 +8696,7 @@ expresly exempted. By which reason all such as pretend a soueraigntie, being enclosed within the bounds and territorie of another man, may bee thereof debarred: which a man cannot so easily iudge of them, which in the frontiers of - kingdomes, take vpon them a kinde of soueraigne power; as do the fiue lords or + kingdomes, take vpon them a kinde of soueraigne power; as do the five lords or princes in the confines of Burgundie, whome both the free counties, and the dukes have oftentimes chalenged for their vassals: and for the soueraigntie of whome, at such times as they had taken vp armes, they obtained of the generals @@ -8720,13 +8719,13 @@ Dombes was maintained by Lizet the kings atturney, to hold in fee of the crowne of Fraunce, and that the duke of Sauoy had no power to giue it to the empire, - vnder the colour of being the emperours lieutenant, which hee showed to be done + under the colour of being the emperours lieutenant, which hee showed to be done in the most wofull times of the civill warre, when as the dukes of Orleans and Burgundie had drawne all the whole kingdome into parts, in the yeare 1398: in like manner the princes of East Frizeland, and they which hold the territory betwixt England and Scotland, which they call the Batable ground: as also the abbot of Gosen, betwixt Metz and Pont a Mousson, who holdeth the abbey and - twenty fiue villages, in title of soueraigntie, without acknowledging any + twenty five villages, in title of soueraigntie, without acknowledging any superior lord whatso. euer: as also the lords of Beauieu, willing to exempt▪themselves from the crowne of Fraunce, yeelded themselves unto the empire, and so by the duke of Sauoy, the emperours lieutenant, were receiued into the protection of the empire, @@ -8858,7 +8857,7 @@ realmes of Fraunce shall continue in their priueleges, enfranchisments, and liberties, that they have alwayes holden against the German empire, whereunto they are in nothing subiect. Which was well giuen the - emperour Sigismund to vnderstand, at such time as he of + emperour Sigismund to understand, at such time as he of his imperiall power would have made the countie of Sauoy duke, in the towne of Lyons▪ against whome the kings officers there so opposed themselves, as that hee was glad to get him out of the kingdome, at @@ -8897,7 +8896,7 @@ Sigismund sick of that incurable disease of ambition, sought to have brought every mans gouernment - vnder his, although he was in that his hope much deceiued. For intruding + under his, although he was in that his hope much deceiued. For intruding himselfe to have made the duke of Lituania a king (whose countrey lieth aboue two hundred leagues from the frontiers of the empire of Germany) hee sent him a crowne and a sword, which for all that the duke refused, neither thought it @@ -8944,7 +8943,7 @@ in power iurisdiction ouer the emperour; but ouer all other kings and princes really and indeed: excepting ouer the French king, whom the canonists themselves confesse, indeed, and ofright to acknowledge none greater than - himselfe vnder God. Which Belluga a Spanish doctor, and + himselfe under God. Which Belluga a Spanish doctor, and Oldrade the beautie of his time do also better declare, saying that the French king neither in fact nor of right acknowledgeth any prince of the world superiour unto himselfe. But these great clearks which thus giue the popes power ouer other princes, @@ -8976,7 +8975,7 @@ and so carried away either with loue or hatred of the pope, have filled their writings with raylings. Whereas I here speake not but of temporall soueraigntie, which is the subiect that I entreat of, (whereof they speake not) - to the end it may be vnderstood, who be absolute soueraigne princes; and + to the end it may be understood, who be absolute soueraigne princes; and whether the other princes be subiect unto the emperour, or the pope, or not.

@@ -9009,7 +9008,7 @@ going to Rome, was the first that gaue unto pope Zacharie, part of the seignorie of Italie, who had before crowned him king of Fraunce, forbidding the peeres and people of Fraunce to make choyce of any other for their kings but of the house of Pipin, - hauing publikely pronounced king Childerike for his + having publikely pronounced king Childerike for his sottishnesse to bee vnable for the gouernment. Whereunto the people of Fraunce made so much the lesse resistance, for that Pipin then had the nobilitie and the armie of Fraunce at commaund: and for that the pope (who as then was esteemed as a God vpon earth) was the author thereof, unto whome Pipin had before solemnly promised, and giuen him letters pattents thereof, That if hee should become victorious ouer the Lombards, he @@ -9028,13 +9027,13 @@ recourse unto the French kings, as unto a most sure sanctuarie. Whereupon Charles, Pipin his sonne (for his many and worthy victories surnamed the Great) with a strong army passing the Alpes, not onely ouerthrew the king of the Lombards, but euen their - kingdome also: and hauing surely established the power of the Roman bishops, + kingdome also: and having surely established the power of the Roman bishops, was by them called Emperour: and they againe by Charles so long as he lived, all chosen bishops of Rome. But after the death of this Charlemaigne, they which were of great credit in Rome, caused themselves to be chosen pope by the clergie, whether it wereHow the French Kinges lost the prerogatione they had in the chusing of the Pope. for the distrust they had to obtaine that - dignitie of the kings of Fraunce, hauing no favour in the court; or through the negligence of the French kings, + dignitie of the kings of Fraunce, having no favour in the court; or through the negligence of the French kings, who had thereof no great care; or that it was by reason of the great civill warres which arose betwixt the children of Lewes the Gentle, wherewith the French kings busied, lost the prerogatiue they had in @@ -9054,25 +9053,25 @@

But after the death of this Lewes the Gentle (who was emperour of Fraunce, of Germanie, and of the greater part of Italie, and - Spaine) the empire was diuided into three kingdomes, which the brethren Charles the Bauld, Lothaire, and + Spaine) the empire was divided into three kingdomes, which the brethren Charles the Bauld, Lothaire, and Lewes, euerie one of them held in title of soueraigntie, without acknowledging any superioritie of one another; and - againe, the kingdom of Lothaire was diuided amongst his + againe, the kingdom of Lothaire was divided amongst his children into three parts: unto one fell the kingdome of Loraine, unto another the kingdome of Arles, and to the third the - kingdome of Italie: Lewes holding Germanie, and Charls the emperour, Fraunce. So their diuided power + kingdome of Italie: Lewes holding Germanie, and Charls the emperour, Fraunce. So their divided power began to decay, and the wealth of the bishops of Rome greatly to encrease: they now succeeding one another by way of election, and in nothing acknowledging the maiestie of the French kings, as they ought to have done: which came to passe especially in the time of pope Nicholas the first,When the pope began first to excommunicat Princes. who - better vnderstood to mannage matters of state than had his predecessours, and - was the first that vsed the rigour of excommunication against princes, hauing + better understood to mannage matters of state than had his predecessours, and + was the first that vsed the rigour of excommunication against princes, having excommunicated Lothaire the younger brother of Lewes king of Italie. But the children of Lothaire being afterwards dead without issue, those three kingdomes which I spoke of, - viz. of Loraine, Arles, and Italie, were diuided betwixt + viz. of Loraine, Arles, and Italie, were divided betwixt their vncles, Charles and Lewes. Wherefore Lewes king of Germanie gouerned Italie, which fell unto his part, by his lieutenants and deputies; whose power was not such @@ -9094,7 +9093,7 @@ the power of the Germans) excommunicated the emperour Frederick the second: who seeing himselfe thereby become odious unto all men, & himselfe like to be forsaken euen of his own subiects, & great trobles arising also against him in Italy, fearefully returned into - Germany, hauing obtained absolution of pope Innocent, by + Germany, having obtained absolution of pope Innocent, by yeelding vp his authoritie and power for any more creating of the bishops of Rome, leauing the kingdomes of Naples and Sicilie unto his base sonne Manfred, who was also excommunicated by pope Vrban the fist: who not yet @@ -9123,10 +9122,10 @@ of.

As for the citie of Rome, sometimes mistresse of the world, they brought it - vnderHow the citie of Rome was brought vnder the popes - obeysance. their obeysance, hauing by little and little oppressed the + underHow the citie of Rome was brought under the popes + obeysance. their obeysance, having by little and little oppressed the libertie thereof, no man gainsaying them. - Albeit that Charlemaigne hauing conquered Italie, + Albeit that Charlemaigne having conquered Italie, expresly commaunded that it should remaine in full libertie, with power left unto the inhabitants to gouerne their estate, which the Roman bishops had also by their oathes confirmed; as Augustine Onuphre the @@ -9209,18 +9208,18 @@ now also they doe at this present unto the king Catholike, for the isle of Malta, which was vpon that condition giuen them.

-

And as for the kingdome of Nauarre, vnder the colour of excommunication +

And as for the kingdome of Nauarre, under the colour of excommunication takenThe kingdome of Nauarre holden of the pope. from Peter Albret, we said before, that it is by the kings of Spaine holden of the popes of Rome by fealtie and homage. And not many - yeares ago pope Pius the fift would vnder the same + yeares ago pope Pius the fift would under the same colour of religion, have taken also the rest that was yet left, from Ione - queene of Nauarre, hauing caused her to be + queene of Nauarre, having caused her to be cited to Rome; and afterward for default and contumacie, causing her by his commissioners to bee condemned: had not king Charles the ix taken vpon him to protect her, as being his subiect, vassall, and neere - kinswoman: which he gaue all Christian princes to vnderstand, unto whose + kinswoman: which he gaue all Christian princes to understand, unto whose maiestie the proscription of that most honourable queene might well have seemed preiudiciall.

@@ -9230,7 +9229,7 @@ the second the French king, (the copie whereof I have taken out of the records) whereby he offered himselfe to become his subiect, if he should of the pope obtaine the soueraigntie of the kingdome of - Ireland, which we said to have bene vnder the fealtie of the bishop of Rome, + Ireland, which we said to have bene under the fealtie of the bishop of Rome, since the time of Innocent the third. They have also pretended themselves to have the soueraigntie of Mirandula, and of the counties of Concorde, Rege, Modene, Parma, & Placence, for which the popes Iulius the second and third, both of them made great @@ -9329,7 +9328,7 @@ afterwards called Damasus the second; who dead, the clergie againe sent ambassadours unto the emperour, for the creating of a new pope: who sent unto them Brunon, otherwise called Leo the ix: and after him Victor - the second. After whose death the clergie made choyce of Frederick, and after him of Alexander the second: which when the emperour Henry the fourth vnderstood, he sent them Cadol + the second. After whose death the clergie made choyce of Frederick, and after him of Alexander the second: which when the emperour Henry the fourth understood, he sent them Cadol bishop of Parma for pope, who although he were so receiued in all Lombardie, yet was he thrust out by pope Alexander. After Alexander succeeded Hildebrand, otherwise called Gregorie the seuenth, chosen also by the clergie, who vpon the @@ -9441,7 +9440,7 @@ scarce the shadow of their antient maiestie seemeth now to remaine. They also say themselves to be greater than the emperours, and that so much greater, as is the Sunne greater than the Moone: that is to say, six thousand six hundred - fortie and fiue times, if we will beleeue Ptolomee and + fortie and five times, if we will beleeue Ptolomee and the Arabians. And that more is, they have alwaies pretended a right unto the empire: for the imperiall seat being vacant, they have giuen the inuestitures unto them which held of the empire, and @@ -9475,13 +9474,13 @@ people were to be drawne from the obedience of their king, after he had publikely excommunicated Philip the Faire, he in like maner excommunicated all the French nation, with all them which tooke Philip for a king. But Philip - hauing called together an assemblie of his princes, and other his nobilitie, + having called together an assemblie of his princes, and other his nobilitie, and perceiuing in his subiects in generall a wonderfull consent for the defence of his state and soueraigntie: he thereupon writ letters unto Boniface (which are common in euerie mans hand) to reproue him of his folly: and shortly after sent Nogaret with his armie into the popes territorie, who - tooke the pope prisoner, (giuing him well to vnderstand that the king was not + tooke the pope prisoner, (giuing him well to understand that the king was not his subiect, as he had by his Bull published) but seeing him through impatiencie to become furious and mad, he set him againe at libertie. Yet from that the popes interdiction, the king by the aduice of his nobilitie and Senat, @@ -9524,13 +9523,13 @@ popes rescripts sent into France, to be void, meere abusiue, and to no purpose: and therefore it behoueth him, that would helpe himselfe by any such the popes rescript, to protest in iudgement, That he would not any way take benefit of - that clause. By all which things it is plainely to be vnderstood, not onely the + that clause. By all which things it is plainely to be understood, not onely the kings, but the kingdome of Fraunce also, to have bene alwayes free from all the popes power and commaund. For as for that which Iohn Durand himselfe a French writer, saith, That the French kings are subiect unto the pope, so farre as concerneth their oath, it needeth no refuting; as by him written being bishop of Mende, and at such - time as vnder the color of oathe ioined unto contracts, the ecclesiastical + time as under the color of oathe ioined unto contracts, the ecclesiastical iudges drew unto themselves the hearing and determining of all matters: which their iugling craft was both by the kings edicts, and the decrees of the high courts of parliament, long since met withall, and taken away. But if the French @@ -9597,7 +9596,7 @@ instant="false"/>ing the great Negus of Aethiopia no kings nor soueraigns. commonly called Prester Iohn, whome Paeu. Iouius writeth to have fiftie tributarie - kings vnder him, or (to say better) gouernours of Prouinces, which yeeld unto + kings under him, or (to say better) gouernours of Prouinces, which yeeld unto him not onely their ordinarie tributes, but also their fealtie and homage, and that in greater humilitie, than verie Slaves do unto their lords: as a man may see in the historie of Francis @@ -9620,7 +9619,7 @@ gouernments: which may be also the cause that no Musulman prince weareth a crowne vpon his head: albeit that before the most auntient kings of Asia and Afrike did weare crownes. And namely Ioiada the high - priest, hauing consecrated Ioas king of Iuda, set a + priest, having consecrated Ioas king of Iuda, set a crowne vpon his head. But the Musulman princes think that chapter not to have bene made by Muhamed their law giuer, but by their Caliphes, (who of many diuers corrupt Alcorans made but one, long time after @@ -9636,16 +9635,16 @@ commaund, neither acknowledge any greater than themselves: except theyDiuers Mahomitaine kings tributaries unto the king of portugal which hold in fealtie and homage of the king of Portugall, as the kings of Calecut, of Malachie, of Cambar, and of Canor, whomethey have - compelled so to do, and to pay them tribute; hauing + compelled so to do, and to pay them tribute; having also subdued all the sea coast of Afrike, and of the East Indies, and almost in infinit number of places built - fortresses; yea and in the island of Ormus euen vnder the nose of the Persian - king, hauing built a most strong castle, and straitly exacting tribute and + fortresses; yea and in the island of Ormus euen under the nose of the Persian + king, having built a most strong castle, and straitly exacting tribute and custome of such as passe that way, or chaunce to arriue in the Persian gulfe; and had done the like in the red sea, had not Barnagas gouernour of that coast, and the king of Aethiopia his subiect, cut the Portugals in peeces, and rased the fortresses which they had begun to build, - vnder the colour of alliance and amitie contracted by Lopes ambassadour for the king of Portugall, with the king of + under the colour of alliance and amitie contracted by Lopes ambassadour for the king of Portugall, with the king of Aethiopia, in the yere 1519. And yet for all that certaine it is, that the king of Portugall was of auntient time feudatarie or vassall unto the king of Castile, and the kingdome of Portugall a memberPortugall of @@ -9655,12 +9654,12 @@ daughter of Alphonsus king of Castile: from whome are descended all the kings of Portugall, since this foure hundred and fiftie yeares, unto Henrie the Cardinall, who last raigned: - hauing (of long) exempted themselves from the soueraigntie of Castile, and + having (of long) exempted themselves from the soueraigntie of Castile, and holding diuers kings their tributaries and feudataries, of whome Emanuel was the greatest, and for his martiall prowesse amongst the rest most famous; who vanquished the aforesaid kings, and caused them to pay him tribute. For there are now no feudatarie kings in Asia, or Africa, which are not also tributarie; howbeit in auntient time the kings of - Persia, and the Romans, hauing subdued kings unto their empire, for most part + Persia, and the Romans, having subdued kings unto their empire, for most part made them to become their tributaries: as for such fealtie and homage as is of vassals exacted, they knew not what it ment. For Philip the second, king of Macedon, being by @@ -9674,7 +9673,7 @@ unto him tribute, his posteritie neuerthelesse not long after yeelding tribute unto the Aegyptians, and the Assirians. So the kings of Slauonia, and the Commonweale of Carthage vsed the like - authoritie and right ouer the princes vnder their dominion, that the Romans + authoritie and right ouer the princes under their dominion, that the Romans exercised ouer them, enforcing them to bring their yearely tributes into their treasuries.

@@ -9719,7 +9718,7 @@ The notable saying of Eumenes to king Antigonus. more or lesse soueraigne: as Eumenes being ouerthrowne, and - hauing nothing left him of his owne more than the castle wherein he was + having nothing left him of his owne more than the castle wherein he was besieged, yet when as he was to treat of peace with Antigonus king of Asia (who as he was in power, would also in honor have seemed to have bene his superiour) answered, That he Plutar. in Eumene. acknowledged no man greater than himselfe, so long as he had his sword in his hand.

@@ -9739,12 +9738,12 @@ of all the states of the Cantons, and againe to dismisse the same; albeit that the Canton of Berne be much greater and stronger: Next unto them of Berne, are Lucerne, and Vri, albeit that they are defended neither with wals nor ditches, - no more than are the Schwits, and Vnderuald, which follow in order unto them of + no more than are the Schwits, and underuald, which follow in order unto them of Vri: then follow after them Zug, Glaris, Basill, Friburg, and Soleurre. Now haply a man may say, That this is done according to the time that euerie Canton entred into their alliance: which is not so; for by their treaties it appeareth, that the first that entred in that confederation and alliance were they of Vri, Schwits, Zug, and - Vnderuald.

+ underuald.

Sometimes also the more auntient Monarches and Commonweals lose their prerogatiue of honour; as when they put themselves into the protection of @@ -9758,7 +9757,7 @@ their equals and brethren: and yet for all that, they in truth and effect were inferiour unto them in honour. And verily Augustus the emperour showed himselfe wonderfull ceremonious and difficult in the honours which he bestowed on kings and princes, - allies and vnder the protection of the empire of Rome; making Tetrarques, + allies and under the protection of the empire of Rome; making Tetrarques, inferiour unto Ethnarques, and these inferiours unto kings; and the more auntient allies of the Romans, superiours unto the rest that came into their alliance after them. And albeit that the Romans in the flourishing time of @@ -9815,7 +9814,7 @@ Cosmus duke of Florence, albeit that he would very gladly have so done: whereof the emperour Maximilian the second, being by the French embassadour aduertised, not vnfitly replied, Italia non habet regem nisi Caesarem: Italy hath no king - but the emperor. Although that be to be vnderstood of the maiestie of the + but the emperor. Although that be to be understood of the maiestie of the German empire (whereof the Florentine state dependeth) & not of the emperour, who is himselfe subiect unto the estate of the empire: albeit that all christian princes giue him the prerogatiue of honor, next unto the pope, whether it be for that he is chiefe of @@ -9840,7 +9839,7 @@ partition to Lewes of France, yongest son to Lewes the Gentle, at such time as Charles the Bauld the French emperour held the imperiall seat of the empire: Howbeit that yet neuerthelesse the Germane princes the Othons, by the graunt of the Roman - bishops hauing got the imperial title, have by little & little through the + bishops having got the imperial title, have by little & little through the ignorance of our embassadors vsurped & taken unto themselves this prerogatiue of honour aboue the French kings. As in like case the king of Spaine not many yeares agoe would have preuented our kings ambassadours: but @@ -9885,9 +9884,9 @@ of Polonia, so should they be first in order heard. And so accordingly M. De Monluc bishop of Valence (who for his wisedome and dexteritie for mannaging of matters of estate, had - beene fifteene times ambassadour) hauing by great celeritie preuented the + beene fifteene times ambassadour) having by great celeritie preuented the Spanish ambassador, had also first audience; wherewith the Spanish ambassadour - offended, would as then say nothing: as I have vnderstood by M. de Nouuaille abbot of Belle-iste, a man of great honour and vertue; + offended, would as then say nothing: as I have understood by M. de Nouuaille abbot of Belle-iste, a man of great honour and vertue; who then was also ambassadour into Polonia, as he now is at Constantinople. But before the yeare 1558, neuer Christian prince made question of the preheminence of the French ambassadours before them of Spaine: and namely the English men @@ -9948,7 +9947,7 @@ rend="〈 in non-latin alphabet 〉" instant="false"/> that is to say, King of kings; for that all the kings of Asia were unto him tributaries: after which - the kings of Persia hauing ouercome the kings of Asiria, as Esdras writeth, vsed the same title: & after them the Parthian + the kings of Persia having ouercome the kings of Asiria, as Esdras writeth, vsed the same title: & after them the Parthian kings also, as Dion writeth, that Phraates the king of Parthia called himselfe King of kings. But neither feudatarie kings which hold all their territories of others; neither dukes, marquesses, counties, or other like princes can of right vse the title @@ -9999,7 +9998,7 @@ rent, that so they might more freely tyrannise ouer their subiects. Wherein Phi. Malancthon in mine opinion is deceiued, who hathHow Samuel his speech unto the people concerning the power of a king, by them - demaunded, is to be vnderstood. thought those things which Samuel spoke unto the people, concerning the crueltie or + demaunded, is to be understood. thought those things which Samuel spoke unto the people, concerning the crueltie or insolencie of tyrants, to belong unto the right of soueraigne maiestie: Whereas hee in that his Oration unto the people, would have reclaimed them from the alteration and innouation of the state, and to have beene better aduised. Will you (saith he) know the custome of @@ -10092,7 +10091,7 @@ himselfe? of one which reuerseth his iudgements, which correcteth his lawes, which chastiseth himselfe, if he commit abuse? We have before shewed that Galeace the first, vicount of Milan▪ was accused, attainted, conuinced, and condemned of treason by the - emperour, for hauing without leaue raysed + emperour, for having without leaue raysed taxes vpon his subiects, and that hee therefore died in prison. And if any of them shall contrarie unto the lawes, by force; sufferance, or by vsurpation take vpon them the soueraigntie; are they therefore soueraigns? or shall they @@ -10125,7 +10124,7 @@ them to be the true markes of soueraigntie. For as a crowne if it be broken in peeces or opened, looseth the name ofA fit comparison. a crowne; so soueraigne maiestie looseth the greatnesse - thereof, if any way bee opened to tread vnder foot any right thereof; as by + thereof, if any way bee opened to tread under foot any right thereof; as by communicating the same with subiects. And for this cause in the exchange made betwixt king Charles the fift, and the king of Nauarre, for the territories of Mante and Meullan, with Montpellier, wherin the royall @@ -10136,7 +10135,7 @@ prescribed against: and therefore Baldus calleth them Sacra Saerorum, of Sacred things the most Sacred: and Cynus Indiuidua, things inseparable, or not to bee - diuided. And if it chance a soueraigne prince to communicat them with his + divided. And if it chance a soueraigne prince to communicat them with his subiect,Soueraigntie admitteth no companion or pertaker therin. he shall make him of his seruant, his companion in the empire: in which doing he shall loose his soueraigntie, and be no more a @@ -10167,7 +10166,7 @@ this power of the prince. It is also no marke of Soueraigntie to have power to consult of the affaires of the state, which is the the proper charge of the priuie Councell, or Senat of a Commonweale; which - is alwayes diuided from him which is therein soueraigne; but especially in a + is alwayes divided from him which is therein soueraigne; but especially in a popular estate where the soueraigntie lieth in the assemblie of the people, which is alwaies an enemy unto wisedome and good councell. Whereby it is to be perceiued, not any one thing of those three wherein Aristotle said a Commonweale to consist, to be the true marke of @@ -10178,7 +10177,7 @@ the Senat and them; That the people ought to content themselves to have the power to make lawes and magistrats; that is not sufficient to declare a Soueraigntie of power in them, as I have before declared concerning the magistrats. Yea the power to make lawes is not the - proper marke of Soueraigntie, except we vnderstand thereby the soueraigne + proper marke of Soueraigntie, except we understand thereby the soueraigne princes lawes; for that the magistrat may also giue lawes unto them that are within the compasse of his iurisdiction, so that nothing be by him decreed contrarie to the edicts and lawes of his soueraigne prince. And to manifest @@ -10233,7 +10232,7 @@ They that attribute most (saith he) unto an edict, cal it but an annual law; but thou comprehendest more in an edict, than - in a law. And for that the emperour Augustus, hauing + in a law. And for that the emperour Augustus, having oppressed the liberty of the cōmonweal, called himself but Imperator (that is to say chief captain & Tribune of the people) he called also his own decrees by the name of edicts: but such as the people made at his request, he called them Leges Iuliae; which @@ -10320,7 +10319,7 @@ the Senat is aboue the Decemuiri, and the great Councell (which is the assemblie of all the gentlemen of Venice) hath the power of soueraigntie, containing the Senat, and all the rest of the magistrats, within the power of - the commaund thereof, in such sort, that if the Decemuiri bee diuided + the commaund thereof, in such sort, that if the Decemuiri bee divided with euen voyces, they appeale unto the councell of the Sages, consisting of xxii, who if they cannot agree, the Senat is assembled, and if the matter concerne the high points of soueraigntie, as is @@ -10514,7 +10513,7 @@ vsuall time appointed for the establishing of laws) the people in their greatest and generall assembly, commaunded, or rather enacted them to stand for laws. But unto what power it belongeth to make a law, unto the same also it - appertaineth to abrogat or derogat from the same. Vnder this power of making + appertaineth to abrogat or derogat from the same. under this power of making & of abrogating of the law, is also comprised the declaration & correction of the same, when it is so obscure, that the magistrats vpon the cases propounded find contratietie or intollerable @@ -10524,19 +10523,19 @@ that they seeme unto him hard or vniust: but let him heare what Vlpian saith, Duralex, sic tamen scripta est, An hard lawWhat power the magistrate hath to interpret the lawe. (saith he) but so it is written: which if - the judge shall presume vnder the colour of equitie to breake, he is by the law + the judge shall presume under the colour of equitie to breake, he is by the law condemned of infamie. So ought the law called Laetoria, - (or rather Praetoria) to be vnderstood, which Papinian reciteth, without naming of the author. Wherby + (or rather Praetoria) to be understood, which Papinian reciteth, without naming of the author. Wherby it is permitted unto the Great Praetor of the citie of Rome, to supply, to correct or amend the laws: which must (as we said) be moderatly & in a measure done: for if a man should otherwise - vnderstand it, it should thereof follow, that a simple magistrat should be + understand it, it should thereof follow, that a simple magistrat should be aboue the lawes, if hee might at his will and pleasure alter and infringe the same: and also that he might bind both the people and the prince unto his edicts; which we have before showed to be a thing impossible.

-

Vnder this same soueraigntie of power for the giuing and abrogating of the law, - areAll the other markes of soueraigntie contained vnder +

under this same soueraigntie of power for the giuing and abrogating of the law, + areAll the other markes of soueraigntie contained under the first. comprised al the other rights & marks of soueraignty: so that (to speak properly) a man may say, that there is but this only mark of soueraigne power, considering that all other the rights thereof are contained @@ -10555,7 +10554,7 @@ to encrease or diminish the valour and weight of the coyne, to giue it title, name, and figure: to cause all subiects and liegemen to sweare for the keeping of their fidelitie without exception, unto him to whome such oath is due: which - are the true markes of soueraigntie, comprised vnder the power of being able to + are the true markes of soueraigntie, comprised under the power of being able to giue a law to al in generall, and to every one in particular, and not to receiue any law or commaund from any other, but from almightie God onely. For a prince or duke who hath power to giue lawes unto all @@ -10571,7 +10570,7 @@ it is the more expedient particularly The second marke of Soueraigntie. to specifie the - rights of Soueraigntie, comprised (as I have said) vnder that soueraigne law; + rights of Soueraigntie, comprised (as I have said) under that soueraigne law; as to denounce warre, or treat of peace, one of the greatest points of soueraigne maiestie: for that oftentimes it draweth after it the ruine, or assurance of a Commonweale; which is to be verified not onely by the law of the @@ -10655,7 +10654,7 @@ Lib. 9. Dec. 1. warre to be made against them of Palaepolis. And afterward, Populus bellum fieri Aequis iussit, The people commaunded warre to be made - against the Aequi. And at such time as warre was to be vndertaken against the + against the Aequi. And at such time as warre was to be undertaken against the Samnites, Patres solemni @@ -10685,7 +10684,7 @@ Panaetolian and Pylaican counsell. And for that the nobilitie of Polonia, Denmarke, and Sweden, pretend the right of Soueraigntie to belong unto them, it is not lawfull for their kings without their authoritie and consent either to - denounce warre, or to vndertake it being denounced against them, except in case + denounce warre, or to undertake it being denounced against them, except in case of urgent necessitie, according to the order of Casimire the great. True it is that in Rome concerning peace the Senate oftentimes determined thereof without the consent of the people; @@ -10806,7 +10805,7 @@ from the nobilitie or people in either state, the soueraigne maiestie thereof saued. And albeit that the people giue the charge thereof unto the Senat, yet a man knoweth right well, that the commissions and mandats which are giuen out - for such purpose, depend of the authority of the people, and vnder the peoples + for such purpose, depend of the authority of the people, and under the peoples name are put in execution by the Senat, which is but the peoples procurator and agent, taking authoritie from the people, as all other their magistrats doe. As for monarchies, it is without any question that the resolution of peace and @@ -10827,7 +10826,7 @@

The third marke of Soueraigne maiestie is to be of power to create and appointThe third mark of soueraigntie. magistrats, than which no more certaine signe can be, especially the principall - officers, which are not vnder the commaund + officers, which are not under the commaund of other magistrats. This was the first law that Tublius Valerius made after the expulsion of the kings out of Rome: that the magistrats should be chosen and appointed by the people. Which selfe same law @@ -10841,9 +10840,9 @@ the meanest offices. I have said the appointing of princes officers, that is to say, of the chiefe magistrats, for there is no Commonweale, where it is not permitted unto greater magistrats, as also to many corporations and colledges, to make certaine meniall officers - vnder them: as I have before showed of the Romans. But yet that they doe by + under them: as I have before showed of the Romans. But yet that they doe by vertue of the office, which they hold, and as proctours created with power, to - substitute other their deputies vnder them. We see also that clients and + substitute other their deputies under them. We see also that clients and vassals, albeit that they hold their iurisdiction of some soueraigne prince in fealtie and homage, have neuerthelesse power to establish judges and officers in their iurisdiction: but yet this power is giuen them by some soueraigne @@ -10851,7 +10850,7 @@ countries, were no other of their first institution but judges and officers; as we shall in due place declare. But sometimes in a popular estate power is giuen unto the greater magistrats to create the - lesser; as we read that the people of Carthage had a custome to make fiue + lesser; as we read that the people of Carthage had a custome to make five magistrats,The lesser magistrates in a popular estate somtime created by the greater▪ but not without power from them which had the soueraigntie for to make choyce of the hundred and foure @@ -10859,9 +10858,9 @@ which are chosen of the great Councell, chose the new Senators, and that done, giue vp their charge. The Senate which is of xxvj, making choyce of the eight Auntients: and afterward of the xiij of the seuen Burgamasters, and of the xij - Iudges for civill causes, and fiue for criminall. Neither is this any new + Iudges for civill causes, and five for criminall. Neither is this any new matter; but an old and auntient fashion. For Aristotle - writeth, the people of Carthage to have vsed to chuse fiue men, who according + writeth, the people of Carthage to have vsed to chuse five men, who according to their discretion still made of the hundred and foure magistrates: which was also a thing ordinarie unto the Roman Censors, who by their discretion supplied the number of the Senators, which the Consuls @@ -10931,7 +10930,7 @@ kings have by sufferance passed it ouer, that the estates should still have the chusing of the great Palatine, so to cause them to forget the election of the king. Whereunto for all that they have beene so obstinatly wedded, as that they - have thosen vnder the colour of protection, to put themselves vnder the Turkes + have thosen under the colour of protection, to put themselves under the Turkes slauerie, rather than to have this power for the choyce of their kings (by the house of Austria) wrested from them. It is not therefore the election of great officers which declareth the right of soueraigntie; but the princes approbation, ratification, @@ -10984,7 +10983,7 @@ been the first that was by the Venetians made for the establishing of their Commonweale: viz. That all men might freely appeal from the Magistrates, unto the Graund counsell of the people. Nether was Francis - Valori Duke of Florence for any other cause slaine, then for not hauing + Valori Duke of Florence for any other cause slaine, then for not having giuen way unto the Appeal, made from him unto the Great counsell of the people, by three Florentines by him condemned to die, and so notwithstanding their appeal by him executed. But some may say, that not onely this Duke at Florence, @@ -10996,7 +10995,7 @@ taken and brought to Rome, to be whipped and afterward beheaded without regard of the appeales by them made unto the people: or to the intercessions of the Tribunes exclaiming, the sacred Lawes concerning Appeales to be violated, and - troden vnder foote. Whereunto in briefe I aunswere, as did Papinian, That we ought not to rest our selues vpon that they doe at + troden under foote. Whereunto in briefe I aunswere, as did Papinian, That we ought not to rest our selues vpon that they doe at Rome, but on that which ought to bee there done. For it is most certaine, that a man might appeale from the Senat unto the people: and that ordinarily the opposition or intercession of one of the Tribunes, stayed the proceedings of the whole Senat; as @@ -11026,7 +11025,7 @@ chamber, in criminall causes once iudged by the magistrats of the prince, or of the imperiall cities: whereby it appeareth the last appeale not to belong onely unto the right of soueraigne - maiestie. Whereunto I aunswere, vnder the name of Appeale, to be also contained + maiestie. Whereunto I aunswere, under the name of Appeale, to be also contained requests made unto the prince, which the law call civill Supplications: so that when we may not appeale from the sentence of the greater magistrats, yet may we by way of request put vp our supplications unto the prince, which hath moued @@ -11082,7 +11081,7 @@ fealtie and homage, appeale and soueraigntie, for those lands which he and his auncestors held in fee of the crowne of Fraunce. Neither did Charles the fift the French king take any other occasion to make warre against the English men, than for that their English magistrats and gouernors - which had the gouernment of Aquitaine, vnder the fealtie of the French, would not heare the subiects appeales. At which time + which had the gouernment of Aquitaine, under the fealtie of the French, would not heare the subiects appeales. At which time the court of Paris commaunded the king of England to be summoned, and for default of appearance pronounced sentence against him: whereby the duchie of Aquitaine was for that cause confifcated unto the king, as is to bee seene by @@ -11147,13 +11146,13 @@

The same we are to thinke of all the princes and cities of Germanie, from whome euen in priuat iudgements men may iustly appeale unto the imperiall chamber, if the matter exceed the summe of 50 crowns, or if any controversie be betwixt the - cities and princes themselves. Whereby it is to be vnderstood, neither the + cities and princes themselves. Whereby it is to be understood, neither the German princes, nor cities to have in them the right of soueraigntie: For that it is a capitall crime, euen treason it selfe, to appeale from a soueraigne prince, except he appeale as did that Greeke (whosoeuer he was) who appealed from Philip king of Macedon euill aduised, unto himselfe being better aduised. Whice manner of appeale Lewes of - Burbon, prince of Conde vsed also from the interlocutorie sentence of Francis the second, the French king, which he hauing vnderstood the cause, is said to have + Burbon, prince of Conde vsed also from the interlocutorie sentence of Francis the second, the French king, which he having understood the cause, is said to have giuen against him in the priuie councel: Which manner of appeale Baldus the great lawyer alloweth as good▪ and to be receiued. And well it would beseeme the maiestie of soueraigne princes to behold and follow the example of that Macedonian king, who receiued the @@ -11181,7 +11180,7 @@ and much lesse giue pardon unto men condemned to die: which is most straitly forbidden all magistrats in every Commonweale, be it well or euill ordered or gouerned. And albeit that Papirius Cursor, the dictator, - may seeme at the request of the people to have giuen pardon to Fabius Max. collonell of the horsemen, for hauing giuen + may seeme at the request of the people to have giuen pardon to Fabius Max. collonell of the horsemen, for having giuen battle contrarie to his commaund, although he had slaine xxv thousand of the enemies: yet neuerthelesse in effect it was the people which gaue the pardon: albeit that they most instantly besought the dictator to pardon the fault: @@ -11224,7 +11223,7 @@ graunted by the king for the restoring of the condemned: although that they examine the pardon graunted. And albeit that king Francis the first had giuen unto his mother power to graunt pardon unto the condemned: yet for all that the court of - Paris, hauing taken order to have it showed unto the king, that it was one of + Paris, having taken order to have it showed unto the king, that it was one of the fairest markes of soueraigntie, which could not be communicated unto a subiect without impairing of his maiestie: the Queene mother thereof aduertised, renounced thisThings properly belonging unto the @@ -11245,7 +11244,7 @@ gaue power to M. Arnald de Corbie, chauncelour of Fraunce, by letters pattents, the xiij of March, in the yeare 1401, to grant pardons unto the condemned, some of the great Councell being present with him▪ - but that was at such time as the chauncelours were almightie, hauing all in + but that was at such time as the chauncelours were almightie, having all in their owne hands: and that king Charles the sixt was then not in the power of himselfe but of others, by reason of his maladie. @@ -11300,7 +11299,7 @@ Prince, for the generall reformation of Normandie) and for that the court notwithstanding the chapiters pardon, had after the feast caused to bee put to death one, which it had before the feast condemned: the chapiter thereof - greeuously complayned unto the king; hauing to friend one of the princes of the + greeuously complayned unto the king; having to friend one of the princes of the blood▪ the parlament sent also their deputies, amongst whom Bigot the kings attourney was verie earnest in his oration in the Senat for the abuse, and @@ -11317,7 +11316,7 @@ benefit thereof which had but lightly offended: but he onely that had done the most execrable villanies that were possible to be found, such as the king vsed not to pardon, that such offences as could nether by the lawes of God nor man, nor by the favour of Princes be - pardoned, might yet vnder the colour of S. Romanes priuilege be remitted and + pardoned, might yet under the colour of S. Romanes priuilege be remitted and forgiuen. But that is ioyned with the greatest impietie to thinke the pardon to be so much the more acceptable to Cod, by how much the fact committed is the more haynous or detestable. But I am of opinion (sauing alwaies the better @@ -11372,7 +11371,7 @@ a request, to the end he should aduertise his ambassador in Fraunce, no more in the behalfe of the French king, to request pardon of the king of Spaine, for the condemned men which had retired themselves out of Spayne into Fraunce: for - that hauing obtained pardon, they many times slew the judges, who had before + that having obtained pardon, they many times slew the judges, who had before condemned them. But ofThe most gratious and commendable pardon that a prince can giue. all the graces and pardons that a prince can giue, there is none more commendable, than when he pardoneth the @@ -11395,14 +11394,14 @@ the benefit of his minoritie, which in many cities and Commonweals are proper unto soueraigne princes: but yet are not the markes of soueraigne maiestie, except only the legitimating of bastards, of fees, and such like: for why the - rest were partly by the magistrats hauing vnderstood the cause, and partly by + rest were partly by the magistrats having understood the cause, and partly by the lawes and customes vsually graunted. For in the lawes of Charles the vij and Charles the viij, it is expresly commaunded unto the judges, in deciding of causes, not to have any regard of the decrees of forraine courts, further than they should with equitie agree: which by this common clause unto all decrees in this realme commonly annexed (Si satis superque apparet, If it shall sufficiently, and more than sufficiently appeare) is declared. Which clause if - it be not ioyned unto the decree, the magistrat hath but to vnderstand of the + it be not ioyned unto the decree, the magistrat hath but to understand of the fact; the punishment thereof being reserued unto the law, and the pardon unto the soueraigne prince. And that is it for which Cicero crauing pardon of Caesar for Ligarius saith, I @@ -11411,7 +11410,7 @@ not, if euer hee do so againe, &c. So children vse to say unto their parents, of whome they craue pardon: But before the iudges we say, That the crime is for euill will forged, the accusor is a slanderer, the witnesses - false and subborned. In which words he plainely shewed▪ that Caesar hauing soueraigne power, had also the power of + false and subborned. In which words he plainely shewed▪ that Caesar having soueraigne power, had also the power of life and death, (and so to graunt pardon) which the judges had not.

Now as for liege fealtie and homage, it appeareth, that it is one of the @@ -11424,7 +11423,7 @@

As for the right and power to coyne money, it is of the same nature with the law,The seuenth marke of soueraigntie. and there is none but he which hath power to make a law, which can appoint the value, - weight, and stampe of the coyne: which is well to be vnderstood by the Greeke + weight, and stampe of the coyne: which is well to be understood by the Greeke and Latine worde; for the Latine word Nummus▪ seemeth well to have beene deiued of the Greek word Sigismundus Augustus, - king of Polonia, who in the yeare 1543, hauing + king of Polonia, who in the yeare 1543, having giuen priuilege unto the duke of Prusse, to coyne money: the estates of the countrey made a decree, wherein it was comprised, that the king had no power to giue away that right, as beeing inseparable from the crowne. For which selfe same reason the Archbishop of Gnesne in Polonia, and the Archbishop of - Canterburie in England, both chauncelours, hauing obtained the same right and + Canterburie in England, both chauncelours, having obtained the same right and priuilege from their kings, were thereof againe depriued. And for this cause all the cities of Italie holden of the empire, which had of the former emperours obtained this priuilege of coyning of money; in the treatie at Constance gaue vp the same unto the emperour, excepting them of Luca, unto whom in fauor of pope Lucius the third, their countrey man; the emperour at his request graunted that priuilege. We read also, that the principall occasion that Peter king of Arragon tooke hold of, to driue Iames king of Maiorque out of his kingdome was, for - hauing coined money; pretending that he had no right nor power so to doe. Which + having coined money; pretending that he had no right nor power so to doe. Which was also one of the occasions that Lewes the xj tooke hold of, to make warre vpon Francis duke of Britaigne, for that hee had stamped a coyne of gold, contrarie to the treatie made in the @@ -11509,9 +11508,9 @@ therein imitating the Persean kings, who called their peeces of gold first stamped with the image of Darius, by the name of Dariques. Whereof king Darius was so ielous (as Herodotus writeth) as that he caused Ariander - gouernour of Aegypt to bee beheaded, for hauing stamped the money with his owne + gouernour of Aegypt to bee beheaded, for having stamped the money with his owne image. As for the same cause also the emperour Commodus - beheaded his minion Pecenninus. And also king Lewes the xij hauing left all the power and right of + beheaded his minion Pecenninus. And also king Lewes the xij having left all the power and right of Soueraignty unto the Genowayes, whom he had ouercome, forbad them neuerthelesse to stampe their money with any other marke or figure, than with his owne image, in stead of the forme of a Gibbet, which they before gaue, and yet giue vpon @@ -11550,12 +11549,12 @@ necessitie be leuied or taken away; it cannot bee done but by him that hath the soueraigne power; as it hath bene iudged by a decree of parliament, against the duke of Burgundie; and many times since, aswell in the high court of parliament, as also in the priuie Councell. - And for that diuers particular lords, cities, and corporations, vnder show of + And for that diuers particular lords, cities, and corporations, under show of the common good, have imposed diuers taxes and payments vpon their people: king Charles the ninth, by a generall edict by him made in the parliament at Orleans, expresly forbiddeth them so to doe without leaue: albeit that for the common necessitie they be borne withall in so doing without - commission, so that they exceed not the summe of twentie fiue pounds. And + commission, so that they exceed not the summe of twentie five pounds. And afterward the same edict was more straitly againe renewed at Moulins, well agreeing both with law and equitie. And although that the Roman Senat in time of warres, yea and the Censors themselves imposed certaine taxes and @@ -11568,7 +11567,7 @@ meanes had there in the campe at Sutrium, caused to be published that notable imposition, which they called Vicesima Manumissorū, that is to say, the twentith part of the goods of them that were manumised; - vnder colour that it was to pay the armie withall: which thereunto right willingly agreed: and so suffered the + under colour that it was to pay the armie withall: which thereunto right willingly agreed: and so suffered the law to passe. And inThe Romaine commonweale greatly relieued by the great riches by Paulus Emilius brought to Rome, after the ouerthrowe of king Perseus the second Carthaginensian warre, at such time as @@ -11592,12 +11591,12 @@ confirmed and growne strong, both by long prescription of time, and vse of iudgements: yea and that to be lawfull, euen unto such as have neither soueraigntie, nor any iurisdiction at all, the court of Paris hath adiudged. - Whereunto I aunswere, that the thing hauing begun by abuse, and by long + Whereunto I aunswere, that the thing having begun by abuse, and by long continuance of time inueterat, hath well some colour of prescription: but yet an abuse can neuer be so ouergrowne, but that the law shall euer be of greater force than it; whereby the abuse is to be reformed: and for that cause it was forbidden by an edict of Moulins, that any - tribute should be exacted of the subiects, vnder the colour of prescription: + tribute should be exacted of the subiects, under the colour of prescription: for that many lawyers and judges have exposed all the strength and force of iudgements onely in prescription alone: not regarding whether that which is in question can of right bee prescribed or not.

@@ -11691,16 +11690,16 @@ also graunted unto priuat men, they no more belong unto the right of Soueraigntie, than it doth to have a receipt of his owne: which is not a thing common unto priuat men onely, but euen the prince himselfe hath his owne - receipt diuided from the publike receipt; and his owne possessions seperat + receipt divided from the publike receipt; and his owne possessions seperat apart from the possessions of the Commonweale: and so diuers officers were by the Roman emperours appoynted unto both. So Lewes the - xij the French king, hauing obtained the + xij the French king, having obtained the crowne, erected the chamber at Blois, for his particular demaines of Blois, - Montfort, and Cousi, which he commaunded to be diuided from the dukedome of + Montfort, and Cousi, which he commaunded to be divided from the dukedome of Orleans, and the other publike possessions; and the accounts thereof to be kept apart by themselves. But amongst the rights of receipt, there be some that belong not, but unto the soueraigne prince onely: as the confiscation of goods - or lands in cases of high treason, vnder which are comprehended also such as be + or lands in cases of high treason, under which are comprehended also such as be conuicted of impietie against God, which we call Heresie; or of offence against the Commonweale, as in coyning false money. Howbeit if our late lawyers have with two much learned and curious subtiltie in an hundred and fiftie chapters @@ -11711,7 +11710,7 @@ things priuat. The other rights of receipt are almost all common unto the soueraigne prince, with other lords iusticiaries, as to have right unto treasure found: and the power to graunt Faires, which was in auntient time a - marke of Soueraigntie; as now it is at this present comprised vnder the case of + marke of Soueraigntie; as now it is at this present comprised under the case of priuileges.

As for the right of Marque, or of Reprisall, which soueraigne princes have @@ -11849,7 +11848,7 @@ in law he is guiltie of death, that in any sort vseth the markes properly reserued unto the maiestie of a Soueraigne prince. And thus much concerning the principall points of Soueraigne maiestie, in as briefe manner as I possibly - could, hauing handled this matter more at large in my booke De Imperio. And forasmuch as the + could, having handled this matter more at large in my booke De Imperio. And forasmuch as the forme and estate of a Commonweale dependeth of them that have the Soueraigntie therein: Let vs now see how many sorts of Commonweales there be.

@@ -11938,7 +11937,7 @@ an other diuers forme of a Commonweale. Aristotle beside these three kinds of Commonweales which we have spoken of: and the fourth also named by Plato, setteth downe a fift kind of Common - weale, by confounding together the three former states, and so maketh fiue + weale, by confounding together the three former states, and so maketh five sorts of states or Commonweales. But Polybius reckneth vp seauen sorts; three commendable: three faultie: and the seauenth compounded of the mixture of the three first. Dionysius Halycarnasseus, Marcus Tullius, Thomas More, Gaspar @@ -12019,7 +12018,7 @@ be imagined. For i soueraignetie be of it selfe a thing indivisible, (as wee have before showed) how can it then at one and the - same time be diuided betwixt one prince, the nobilitie, and the people in + same time be divided betwixt one prince, the nobilitie, and the people in common? The first marke of soueraigne maiestie is, to be of power to giue lawes, and to commaund ouer them unto the subiects, and who should those subiects bee that should yeelde their obedience unto that law, if they should @@ -12041,7 +12040,7 @@ say that the state of the Lacedemonians was composed of all the three kinds of states which we spoke of: For that in that Commonweale they had two kings representing a Monarchie; eight and twentie - Senators representing an Aristocratie; and fiue Ephori figuring and patronizing + Senators representing an Aristocratie; and five Ephori figuring and patronizing the popular estate. But what will these men then say to Herodotus, who bringeth theThat the Lacedemonian commonweale was meare aristocraticall, and not composed of the confusion or mixture of the three sorts of commonweals. Lacedemonian estate for an @@ -12082,9 +12081,9 @@

What was it then that deceiued Polybius, who was himself a Megalopolitan, borne neere unto the Lacedemonians? Truely it was euen the - name of the Lacedemonian kings. For Lycurgus hauing + name of the Lacedemonian kings. For Lycurgus having altered the state of the Commonweale, and by the good will and consent of the - kings themselves (who deriued their pedegree from Hercules) hauing translated the soueraigntie unto the people, left + kings themselves (who deriued their pedegree from Hercules) having translated the soueraigntie unto the people, left unto the kings, but the bare name and title onely, and to be the generals in warres. For why the regall power was now before alreadie sore shaken and weakned: after that Aristodemus king of Lacedemonia, had @@ -12101,7 +12100,7 @@ former time done: Which priest for all that was himselfe subiect unto the great bishop, and could not (as Plutarch saith) have any estate, or beare any office as the other priests might: euen so did Lycurgus unto the two kings of Lacedemonia, who vpon the matter were - nothing but Senators, hauing but their voyces with the rest, without any power + nothing but Senators, having but their voyces with the rest, without any power at all to commaund; but to the contrarie were themselves constrayned to obey the commaundements of the Ephori, who oftentimes put them to their fines, yea and condemned them to death also, as they did the kings Agis and Pausanias, the soueraigntie still @@ -12118,7 +12117,7 @@ that purpose: whereby the God (as they said) commaunded that from thenceforth the gouernment of the Commonweale should be in the power of the Senat: and yet to please the people so grieued to have left their power, they gaue them leaue - to draw out of themselves fiue judges, called Ephori, as Tribunes or patrons of + to draw out of themselves five judges, called Ephori, as Tribunes or patrons of the people, who should examine the sayings, doings, and deuises of the kings, and by all meanes let them from the exercising of tyranny. And these Ephorie, euerie ninth yeare once, vpon some cleere night gazing vpon the firmament (as @@ -12128,10 +12127,10 @@ Oracle of Apollo had so declared. In like manner the Phylactes or Gailor, euerie yeare had the king of Cumes in prison, vntill the Senat had determined what should be done with him. Now this state of the - Lacedemonian Commonweale endured about fiue hundred yeares, vntill the time of - Cleomenes, who hauing slaine the Ephori and the + Lacedemonian Commonweale endured about five hundred yeares, vntill the time of + Cleomenes, who having slaine the Ephori and the Senatours, and so oppressed the Commonweale, tooke vppon himselfe the - soueraigntie, and so held it vntill such time as he was ouercome by Antigonus king of Macedon; who hauing vanquished him, + soueraigntie, and so held it vntill such time as he was ouercome by Antigonus king of Macedon; who having vanquished him, restored that Commonweale into the state it was before: howbeit that twentie yeares after, being fallen againe into the power of Nabis the tyrant, who was afterward slaine by Philopomenes, that Commonweale was vnited unto the state of the Achaeans, whereof it was a prouince, vntill that @@ -12174,7 +12173,7 @@ vppon truth not reason. For where is this Monarchie, that is to say, the soueraigne gouernment of one man? which in the two Consuls cannot bee imagined. But soueraigne maiestie, if it were in the consuls could not possibly be - diuided betwixt two, for the indiuisible + divided betwixt two, for the indiuisible nature thereof, which it seemeth more probable and reasonable to attribute the same unto the dukes of Genua or Venice. But what regall power could there bee in the two Roman Consuls? who could neither make law, nor peace, nor warre, @@ -12220,9 +12219,9 @@ when he would obtaine any thing: which was no great noueltie, for the Consull for his pleasure to doe, contrarie to the good liking and mind of the Senat. For we read (that the Senat at such time as it was in greatest authoritie that - euer it was) in the daungerous time of the Commonwealth, hauing requested the + euer it was) in the daungerous time of the Commonwealth, having requested the Consuls to name a dictatour, the Consuls would therein doe nothing: insomuch - that the Senat hauing no power to commaund them, neither any sergeant or like officer, which are the true markes of them which have + that the Senat having no power to commaund them, neither any sergeant or like officer, which are the true markes of them which have the power to commaund, sent Seruilius Priscus with their request unto the Tribunes in this sort, * Vos (inquit) Tribuni plebis Senatus appellat, vt in tanto discrimine Reipublicae dictatorem @@ -12340,9 +12339,9 @@ A viewe taken of the Citizens and gentlemen of Venice. citisens, which was taken about thirtie yeares ago, were reckoned nine and fiftie thousand three hundred fortie nine citizens, beside - children vnder seuen yeares old, but of Gentlemen, in whome resteth the - soueraigne power of that state, betwixt foure and fiue thousand yong and old: - yet had the church men and gentlemen vnder fiue and twentie yeares old, nothing + children under seuen yeares old, but of Gentlemen, in whome resteth the + soueraigne power of that state, betwixt foure and five thousand yong and old: + yet had the church men and gentlemen under five and twentie yeares old, nothing to do with the state, more than to looke on, neither had they accesse into the Grand Councell, but by way of request: the young gentlemen beeing so vpon request receiued at the age of thirtie yeares, according as discretion was to @@ -12369,7 +12368,7 @@ sufferance, and so farre as it shall please the Great Councell. As for the duke himselfe he alone of allThe small authoritie and power the Duke of Venice hath. other magistrats hath no command at all, as not - hauing power to condemne any man before him, neither to stay or examine any + having power to condemne any man before him, neither to stay or examine any man; which is the first marke of command, giuen euen unto the least magistrats, neither may he decide any cause whether it be in matters of state, or administration of iustice; either in the assembly of the sixe councellors, or of the Decemuiri, or of the Sages, or of the Senat, or @@ -12497,7 +12496,7 @@ to either, will in few words set downe the true opinion of Plato concerning his Commonweale, deseruing well to be knowne for the better understanding of the question we have in hand, which some which neuer read the same, call a diuine opinion: some others in the meane time treading - the same vnder foot, and rayling thereat as fast.

+ the same under foot, and rayling thereat as fast.

@@ -12512,7 +12511,7 @@ ofPlato his commonweale a pure popular estate and not mixt. goods, of women and children: as for the rest those Commonweales are both in all things alike. For both in the one and the other, - he would not have aboue fiue thousand and fortie citisens, a number by him + he would not have aboue five thousand and fortie citisens, a number by him chosen to have 59 entire parts: in which Commonweales he also maketh three estates or degrees of men: viz. the Guardes, Souldiors, and Labourers: and after that diuideth the citisens into three degrees, @@ -12530,7 +12529,7 @@ forme Aristocratique: for he willeth, that the Senat, or the counsel for the affaires of the state, which he calleth Guards or keepers should consist of foure hundred citisens, to be chosen of the - people. Whereby it is most euidently to bee vnderstood, that Plato his Commonwealth is the most popular that euer was, yea then + people. Whereby it is most euidently to bee understood, that Plato his Commonwealth is the most popular that euer was, yea then that of his owne countrey of Athens, which Xenophon thought to have bene the most popular state in the world. I omit the 726 lawes set downe by Plato, in the twelue books for the @@ -12557,7 +12556,7 @@ magistrat aboue all, unto whome all the people in generall, and euerie one in particular should yeeld their faith and liege loyaltie, and from whose iudgement none might appeale or present any civill request. For so the rights - and markes of soueraigntie should seeme to be diuided in three parts: the + and markes of soueraigntie should seeme to be divided in three parts: the people chalenging one part thereof, the nobilitie another, and the king the third: whereby in that state a mixture might seeme to bee made of the royall Aristocratique and popular state together. Whereunto I aunswere, that such a @@ -12576,7 +12575,7 @@ taken from him that he thought belonged to himselfe: yet that doth most differ from the nature of a Monarchie, that he which hath the soueraigntie, should himselfe bee enforced to obey any other but especially his subiect. Whereby it - commeth to passe, that where the rights of soueraigntie are diuided betwixt the + commeth to passe, that where the rights of soueraigntie are divided betwixt the prince and his subiects: in that confusion of the state, there is still endlesse sturres and quarrels, for the superioritie, vntill that some one, some few, or all together have got the @@ -12592,7 +12591,7 @@ nobilitie will in no case that the king should of himselfe make any peace; and yet have themselves made a league with the king of Polonia, and them of Lubec, against the king, for the defence of their libertie. So indeed are the rights - of Soueraigntie diuided betwixt the king and the nobilitie, but so as that they + of Soueraigntie divided betwixt the king and the nobilitie, but so as that they both liuing in perpetuall feare and distrust; do seeke for the alliance and fellowship of their neighbour princes and people, so to receiue the lesse harme one of them from another. With like surges and tempests is the kingdome of @@ -12602,7 +12601,7 @@ German for his Chauncelour, and one Varnnes a Norman for his high Constable: and yet at length was by his nobilitie thrust out of his royall seat, and by them cast in prison, wherein hee lived seuenteene - yeare. Wherefore such states as wherein the rights of soueraigntie are diuided, + yeare. Wherefore such states as wherein the rights of soueraigntie are divided, are not rightly to bee called Commonweales, but rather the corruption of Commonweales, as Herodotus hath most briefly, but most truely written. For as bodies by nature well framed, if they begin to change, @@ -12611,7 +12610,7 @@ which before they were set, and after they be hatched also have a good smell and taste, though in the verie alteration of them not so: so also Commonweales which chaunge their state, the soueraigne right and - power of them being diuided, find no rest from civill warres and broiles, vntill they againe recouer some one of the + power of them being divided, find no rest from civill warres and broiles, vntill they againe recouer some one of the three formes, and that the soueraigntie be wholie in one of the states or other.

@@ -12628,12 +12627,12 @@ Commonweal was composed of an Aristocracie, and of a popular estate: Whereunto I answere, that it had well some appearance, but yet neuerthelesse was in effect a true popular estate: for albeit that the great estate of the people - was diuided into sixe degrees, or companies, according to every ones abilitie, + was divided into sixe degrees, or companies, according to every ones abilitie, and that the knights, and the greatest part of the Senators, and of the nobilitie, and richer sort of the people were of the first companie: who agreeing among themselves, the lawes by them made were published, and the great magistrats by them chosen receiued to take their oath: yet neuerthelesse true - it is that the fiue companies that remayned, had tenne times as many citizens + it is that the five companies that remayned, had tenne times as many citizens in them: and in case that all the Centuries of the first companie agreed not vpon the matter, they then came to the second companie, and so by order even to the sixt and last, which in deede seldom @@ -12662,7 +12661,7 @@ wherein the maiestie of the Commonweal is contained; and so by little and little wrested from the nobilitie (much against their will & long strugling therefore) the other soueraigne rights also: in somuch that the nobilitie - scarce made twelue lawes in the space of foure or fiue hundred; And yet at the + scarce made twelue lawes in the space of foure or five hundred; And yet at the same time that the people chose the greater magistrats by their greatest assemblies, the vulgar people was there present, and enrolled in the sixt companie, which although it most seldom gaue suffrage or voice, yet might it so @@ -12679,12 +12678,12 @@ contrarie wise if but an hundred of that multitude shall have the soueraigntie, it shall be an Aristocracie; for that the lesse part of the citizens gathered together hath the soueraigne power: what then, if of the same number of - citizens fiue and twentie thousand shall hold the chiefe power? Truely, it may + citizens five and twentie thousand shall hold the chiefe power? Truely, it may be doubted whether such a state be an Aristocracie, although the lesse part of the citizens enioy the soueraigntie, the rest being reiected: for why, it differeth much whether an hundred citizens, or - fiue and twentie thousand beare rule, and much more if of an hundred thousand - citizens fiue and fortie thousand have the soueraigntie: or of so great a + five and twentie thousand beare rule, and much more if of an hundred thousand + citizens five and fortie thousand have the soueraigntie: or of so great a multitude thirtie onely should beare the sway, the rest excluded, as among the Lacedemonians: yet I alwaies deeme it to be an Aristocracie, if the lesser part of theIn what state soeuer the lesser number beareth rule @@ -12700,7 +12699,7 @@ nature of every Common weal shall hereafter be in due place declared.

Yet one thing remayneth in the question we have in hand to be discussed, which - is that the Roman Commonweal vnder the emperour Augustus, and the other emperours after him, unto the time of Flauius Vespatianus, was called a principalitie, of which + is that the Roman Commonweal under the emperour Augustus, and the other emperours after him, unto the time of Flauius Vespatianus, was called a principalitie, of which sort of Commonweal, neither Herodotus, neither any of the Greek or Latine writers, except Tranquillus, seemeth to make any mention: for he writeth that the emperour Caligula, seeing diuers kings at his table to enter into the tearmes @@ -12725,7 +12724,7 @@

And much it missed not but that hee had euen than taken vpon him the imperiall crowne, and chaunged the forme of the Roman principalitie into a kingdome; and - thus much he. whereby it is to be vnderstood the Roman state vnder Augustus after the battell at Actium, to have beene + thus much he. whereby it is to be understood the Roman state under Augustus after the battell at Actium, to have beene neither a Popular state, an Aristocracie, nor a Monarchie. Now a principalitie is nothing else then an Aristocracie, or a Democratie,What a Principalitie is. in which one chiefe commaunded every man in particular, and it is but the first in generall: @@ -12753,7 +12752,7 @@

But if there be two chiefe magistrats of like power, as in Rome; or three, as in many cities of the Swissers; or foure, as amongst them of Geneua; it cannot there be called a principalitie, for that - none is there chiefe or principall. But in the Roman Commonweale, Augustus by a crafty deuise hauing made himselfe but + none is there chiefe or principall. But in the Roman Commonweale, Augustus by a crafty deuise having made himselfe but great Generall of the armie (by the name of Imperator) and Tribune of the people for defence of their profit, (from whome for all that he had taken their libertie) and as it seemed almost enforced by the Senat, had taken vpon him the @@ -12774,7 +12773,7 @@ men thinke to have the soueraigntie: but if question be made of the right, then are we to looke not what is indeed done, but what ought to be done. Wherfore it appeareth a principalitie to be nothing els, but an Aristocratie, or a - Democratie, hauing some one for chiefe or principall aboue the rest, the + Democratie, having some one for chiefe or principall aboue the rest, the soueraigntie yet still remaining with the nobilitie or the people.

@@ -12805,7 +12804,7 @@ power in the same Commonweale, and both of them in al things lords of the same people, and of the same countrey indiuisibly, neither the one nor the other hath therein the soueraigntie: but it may well be said them both together to - have the soueraignty of the state comprised vnder the name of an Oligarchie, but is more properly + have the soueraignty of the state comprised under the name of an Oligarchie, but is more properly called a Duarchie, a kind of Aristocracie, which may be of continuance and durable, so long as the two princes shall well agree together. As Romulus and Tatius, one of them king of the Romans, and the other of @@ -12841,34 +12840,34 @@ -

Is especially to be vnderstood of a Diumuirat, or soueraigne gouernment of two +

Is especially to be understood of a Diumuirat, or soueraigne gouernment of two together. For that the gouernment of three or moe together in the soueraigntie, may bee firme, but of two not so; seeing that by nature one thing is but contrarie to one, and not to many: the third as a meane still ioyning the extreames together. And therefore the Roman emperours, when as they at the same time tooke vpon them the same soueraigntie of gouernment, least by the mutuall concurse of their power, they should violat - their faith and friendship, diuided the empire, the one being emperor of the + their faith and friendship, divided the empire, the one being emperor of the East, and the other of the West; the one residing at Constantinople, and the other at Rome, in manner as if they had bene two Monarches, although sometimes the same edicts and lawes were in both empires by the common consent of both princes published. Yet so soone as they began to quarrell, the two empires were - indeed diuided in power lawes and estate. So + indeed divided in power lawes and estate. So might a man say of the Lacedemonian Commonweale well gouerned by one king. But when Aristodemus left the kingdome to be gouerned - wholly, and diuided by his two sonnes Froclus and Euristhenes both at once, they quickly fell at oddes, and + wholly, and divided by his two sonnes Froclus and Euristhenes both at once, they quickly fell at oddes, and had their state taken from them, by Lycurgus (beeing himselfe a prince descended of the blood of Hercules) and the soueraigntie by him giuen unto the people. The like happened unto Amphareus and Leucippus, kings of the Messians. But the Argiues least they should sal into the same troubles, to auoid the plurality of kings, at such time as Atreus and Thyestes at once seised vpon their fathers kingdome, - the people (I say) made choyce of the wiser, or as Lucian saith of the more learned. And the princes of the blood of Meronee and Charlemaigne, diuided + the people (I say) made choyce of the wiser, or as Lucian saith of the more learned. And the princes of the blood of Meronee and Charlemaigne, divided the kingdome amongst them. So the children of Clodoueus, of their fathers one kingdom made foure of equall power. And the three children of Lewes the - Debonaire diuided so many kingdomes amongst them. Neither do we read many at - once long to have holden a kingdome together vndiuided: for the indiuisible + Debonaire divided so many kingdomes amongst them. Neither do we read many at + once long to have holden a kingdome together vndivided: for the indiuisible nature of soueraigntie, and the fellowship of gouernment, is alwayes full of dangers, where no one hath the soueraigntie, except when a straunge prince marrieth a queene, among such as are acquainted with womens gouernment: where @@ -12884,7 +12883,7 @@ but yet so, as that the signe of the queene might of it selfe bee sufficient, but that without hers the signe of king Philip should be to no purpose. Which was also agreed vpon with Ferdinand - king of Arragon, hauing married Isabel of Castile,I the king, and I the queene. where all the commaunds + king of Arragon, having married Isabel of Castile,I the king, and I the queene. where all the commaunds were signed, Yo el Roy, and Yo la Reyna; and by the secretarie of the state, with sixe doctors: but as for the soueraigntie it was wholly in the @@ -12910,19 +12909,19 @@ fell in sunder, and so egerly made warre the one of them vpon the other, as that to reconcile them was impossible, vntill that one of them had quite ouerthrowne the other, and made himselfe maister of all. The like happened - after the death of Caesar, in the Triumuirat of Augustus, M. Antoninus, and Lepidus, who hauing of one popular Commonweale, made three Monarchies; + after the death of Caesar, in the Triumuirat of Augustus, M. Antoninus, and Lepidus, who having of one popular Commonweale, made three Monarchies; and Lepidus vnfit for gouernment, had submitted his authoritie unto Augustus, although Antoninus had married Augustus his sister, and - that they two had equally diuided the empire betwixt them, and lived in + that they two had equally divided the empire betwixt them, and lived in countries farre distant one from another; yet rested they not long, but that the one of them was shaken out of all, by the authoritie and power of the other. Whereafter ensued the sure state of the - empire, established vnder one mans gouernment. Wherefore let vs hold it as + empire, established under one mans gouernment. Wherefore let vs hold it as resolved vpon, that it cannot be called a Monarchie, where the soueraigntie is in two mens power; neither that any gouernment can consist in that state, if they shall fall at variance betwixt themselves.

-

Now Monarchie is diuided into three formes: for he that hath the soueraigntie, +

Now Monarchie is divided into three formes: for he that hath the soueraigntie, isThree sortes of monarchies. Great difference betwixt the state, and the gouernment of the state of a commonweale. either lord of all: or else a king, or a tyrant, which maketh no diuersitie of Common @@ -12941,7 +12940,7 @@ indifferently: or else Aristocratically, bestowing them vpon the nobilitie or richer sort onely; which varietie of gouernment hath deceiued them which have made a mixture of Commonweals, and so made more sorts thereof then three, - without hauing regard that the state of a Commonweal is different from the + without having regard that the state of a Commonweal is different from the administration and gouernment of the same: But this point we will farther touch in place convenient.

@@ -12965,7 +12964,7 @@ deciued which following the opinion of Aristotle, suppose that golden kind of men (more famous for the poets fables, then for that there were any such in deed) to have made first choice of their heroicall kings: seeing we find, and all men are - perswaded that the first Monarchie was established in Assiria, vnder the power of Nemrod, whom the + perswaded that the first Monarchie was established in Assiria, under the power of Nemrod, whom the holie scripture calleth the great hunter; which is a common phrase of speach amongst the Hebrewes, by which word they signifie a theefe, or robber. For the auntient writers, viz. Plato, @@ -13004,7 +13003,7 @@ beene alwaiesA lordly Monarchie, not to be accounted a tirannie and whie. unto the Barbarians for lawes. Neither ought this lordly monarchie to be accounted a tyrannie: for it is not inconvenient, that a - soueraigne prince hauing in good and lawfull warre vanquished his enemies, + soueraigne prince having in good and lawfull warre vanquished his enemies, should make himselfe lord of their goods and persons by the law of armes, governing them now his subiects, as doth the good housholder his seruants or Slaves: as wee see it a thing receiued by the manner and custome of almost all @@ -13026,7 +13025,7 @@ Europe that is to say, seruants, which wee corruptly call Slaves. But the Fmperour of the Turkes styleth himselfe Sultan, that is to say Lord: not so much for the largenes of his possession, (seeing that - the king of Spaine hath vnder his dominion and rule, people for their crueltie + the king of Spaine hath under his dominion and rule, people for their crueltie barbarous, for their multitude innumerable, in places infinite: which his kingdome is bounded with the same countries, wherewith the course of the sunne is bounded, being ten times greater then the Turkes empire) but is therefore @@ -13066,7 +13065,7 @@ example unto the Lombards and Almans, Germaine nations, and to the Frankes, the auncient inhabitants of Fraunce, calling themselves Lords of all, and so accustomed these nations to lord it ouer all: as that no man could hold a turfe - of ground but by their leaue. True it is that the Romans hauing vanquished + of ground but by their leaue. True it is that the Romans having vanquished their enemies, most commonly solde them for Slaves, or else condemned them to lose the* Plutar in . @@ -13091,8 +13090,8 @@ neuer endure the lordly Monarques, neither had euer vsed them before the incursions of the Hunnes into Europe, as I have before said. And first of all Odonacre king of the Herules, who almost at the same - time invaded Italie, that Attila did Germanie; hauing - brought Italie vnder his subiection, tooke the third part of the territorie + time invaded Italie, that Attila did Germanie; having + brought Italie under his subiection, tooke the third part of the territorie from the subiects (the punishment of all people by him vanquished,) but left their persons free, and themselves lords of their goods, without any @@ -13134,7 +13133,7 @@ lordly Monarchies more to be seene in the Northren countries then in any other parts of Europ. Lordly Monarchies, have continued in Germanie, and towards the North more than in the other parts of Europe. For albeit that - William the Conquerour, hauing conquered the realme + William the Conquerour, having conquered the realme of England, by force of armes, called himselfe not onely lord of that realme, but also caused it to be proclaimed, that the soueraigntie and proprietie of al his subiects goods, mouable, and immouable unto him belonged: yet neuerthelesse @@ -13203,7 +13202,7 @@ maiesticall, and that the subiects hold not their lives, goods, and libertie, but of the soueraigne prince, who hath by iust warre conquered them; which plucketh downe the courage of subiects, so that the slaue acknowledging his - condition, becommeth humble, abiect, and hauing as they say a base and seruile + condition, becommeth humble, abiect, and having as they say a base and seruile hart. Where to the contrarie, men free borne, and lords of their owne goods in a royall Monarchie, if one would make them Slaves, or take from them that theirs is, they would not take it, but easily @@ -13231,7 +13230,7 @@ a iust and vertuous prince, and equally gouerne his subiects, being himselfe yet neuerthelesse lord both of their personsThe difference betwixt a royall and a lordly Monarque. and goods. And if it so - chaunce the Lordly Monarch hauing iustly conquered his enemies countrey, to set + chaunce the Lordly Monarch having iustly conquered his enemies countrey, to set them againe at libertie, with the proprietie of their goods: of a lord he becommeth a king, and chaungeth the Lordly Monarchie, into a Monarchie Royall. And that is it for which Plinie the younger saith unto @@ -13332,14 +13331,14 @@ the election of kings unto the suffrages of the people; as shall in due place be hereafter declared. Although Aristotle be in that also deceiued, where he saith, That there be three sorts of kings; & yet - hauing in his discourse reckoned vp foure, in casting vp of the account he + having in his discourse reckoned vp foure, in casting vp of the account he findeth out a fift. The first hee calleth Voluntarie kings, as raigning by the will and good liking of the people, such as were the kings of Heroique times, whome he supposeth to have bene Captains, Iudges, and Priests. The second he saith, are proper unto the barbarous nations, where kings come by succession. The third are made by election. The fourth was proper to the Lacedemonians, whome he saith to have bene perpetuall generals in their warres; the sonne still succeeding his father. The fift and - last kind, is of them which hauing themselves got the Lordly soueraigntie, vse + last kind, is of them which having themselves got the Lordly soueraigntie, vse their subiects, as doth the maister of the house his Slaves. As for the first sort of kings, we find, that they indeed executed the offices of judges, captaines, and priests, yet none of them are found to have ruled at the will @@ -13359,7 +13358,7 @@ Xenophon, and other most auntient historiographers of the Hebrewes, Greeks, and Latines, sufficient to conuince the opinion of Aristotle of vntruth in those things that he hath writ concerning kings. Whereas also he comprehendeth the Lacedemonian - generals, vnder the name of kings: he is therein deceiued, seeing it is before declared, that he cannot be a king, which hath + generals, under the name of kings: he is therein deceiued, seeing it is before declared, that he cannot be a king, which hath not the rights of soueraigntie. And that the Lacedemonian kings, after the conuersion of that Commonweale, were nothing but Senators, and subiect to the magistrats commaund, wee have also before shewed. Yea the generals power was @@ -13388,19 +13387,19 @@ by testament,The difference of Monarques hw it is to be gathered. and a ninth by finnes and deceit, and a tenth by force: which were nought else, but to make an - infinit sort of kings, who all neuerthelesse are comprehended vnder one kind. + infinit sort of kings, who all neuerthelesse are comprehended under one kind. For the difference of Monarches is not to be gathered by the meanes of the comming to the state, but by the meanes of gouerning of the estate. Which as we said is comprised in three kinds or sorts, viz. the Lordly Monarchie, the Royall Monarchie, and the Tirannicall Monarchie. But - whereas Aristotle vnder the name of kings comprehendeth + whereas Aristotle under the name of kings comprehendeth them also which were woont for a short time to be chosen, to establish or reforme the Commonweale, and that done, to giue vp their charge, are quite different from the regall power. Neither hath it any apparance to call them kings, which are nothing els but simple commissioners, such as were the dictators in the Roman Commonweale, whome Dionysius Halicarnasseus writeth, to have bene in power and office like unto them whom the Thessalians called Archos, the Lacedemonians Cosmos, the - Mitylenians Aesymnetes, hauing like charge that the + Mitylenians Aesymnetes, having like charge that the baily of Florence had at such time as that Commonweale was gouerned by a popular gouernment; that is to wit, the Grand Councell of the people made choyce of eight or ten persons, best seene in their affaires, to reestablish @@ -13442,7 +13441,7 @@ the antient kings of Hetruria, as we read in the histories. And the Romans themselves, after they had driuen out the proud Tarquin their king, although they abhorred the verie name of a king, and much more the - gouernment, hauing chaunged the royall state into a popular: yet so it was, that the Roman Senat vsed to send unto kings, + gouernment, having chaunged the royall state into a popular: yet so it was, that the Roman Senat vsed to send unto kings, their allies and confederats, the royall marks of kings; namely a diadem or crowne of gold, a cup of gold, the iuorie scepter; and sometime the popular robe embroidered with gold, & a chaire of iuorie, as the histories declare. @@ -13531,7 +13530,7 @@ suffragies of the people, and to bind the princes by oath unto him, So Changuis first of all the Tartar kings, chosen king by his subiects, caused Hoccata his eldest sonne to be crowned king, himselfe yet liuing. And Gostanus king of - Sweden hauing vsurped vpon that state against the king of Denmarke, caused his + Sweden having vsurped vpon that state against the king of Denmarke, caused his sonne Henry to be also chosen king. And Frederik now king of Denmarke, was chosen king in the yeare 1556, two yeares before the death of his father: who not yet so secured, but doubting least his vncles Iohn and Adolphe after his death should practize a new election, and so raise @@ -13584,21 +13583,21 @@ states: in which name the Tyrants themselves also gloried. And to show that the name of a Tyrant was aswell giuen unto a good and iust prince, as to an euill and wicked, it appeareth euidently in that, that Pittacus and Periander reckened among the - seauen Sages of Graece, were called Tyrants, hauing taken unto themselves the + seauen Sages of Graece, were called Tyrants, having taken unto themselves the state and gouernment of their countries. But for the mercie of their enemies, were constrained for the safetie of their lives and goods to have gardes of straungers about their persons, and great garisons in their fortresses and strong holds: and for the maintenance of their souldiours and retinue were enforced to lay vpon their subiects great - impositions and tributes: and seeing their lives not yet so assured, hauing but + impositions and tributes: and seeing their lives not yet so assured, having but poore friends, and puisant enemies, put to death, or banished the one, to - enrich the other; and hauing taken their goods, rauished also their wiues and + enrich the other; and having taken their goods, rauished also their wiues and children: they with these outragious enormities raised a wonderful hatred of themselves through out the whole world. For we read that Dionysius the elder which had oppressed Syracusa had alwaies about him for the garding of his person and the citie ten thousand footmen, and as many horsemen; beside a fleete of foure hundred gallies still readie furnished with all things necessarie: and yet thought it not a strength sufficient to keepe - vnder those fewe citizens that were left, whom he had vtterly disarmed, and in + under those fewe citizens that were left, whom he had vtterly disarmed, and in most seruile manner oppressed: although hee had before taken away not onely their societies and companies; but forbidden also neighbours and friends to eate together, and oft times commaunded them @@ -13648,14 +13647,14 @@ condemned no man to death (although conuicted of the crime whereof he was accused) except it first appeared by his former life, whether his vices exceeded his vertues or not. For so Liuie did well, who - hauing diligently reckoned vp Hannibal his vertues, and + having diligently reckoned vp Hannibal his vertues, and comming afterward unto his vices, saith, Has tot ac tantas virtutes ingentia vitia aequabant, These his so many and great vertues, were counteruailed with great vices. Wherefore least the good should be confused and so confounded with the bad; o - that we should vnder the name of a tyrant + that we should under the name of a tyrant comprehend them also which were right worthy and famous men: let vs compare the worst tyrant with the best king; that by such comparison of the two extreames, those may bee the better perceiued which are in the middest betwixt both. Now @@ -13688,7 +13687,7 @@

Now the greatest difference betwixt a king and a tyrant is, for that a king conformethThe greatest difference betwixt a king and a tyrant. himselfe unto the lawes of nature, which the tyrant at his - pleasure treadeth vnder foot: the one of them respecteth religion, iustice, and + pleasure treadeth under foot: the one of them respecteth religion, iustice, and faith; whereas the other regardeth neither God, faith, nor law: the one of them referreth all his actions to the good of the Commonweale, and safetie of his subiects; whereas the other respecteth nothing @@ -13724,7 +13723,7 @@ greatest and most gainful offices of the state vpon men of best deserts, who free from briberie & corruption, may defend the people from all iniurie and oppression; whereas the other setteth the same to sale to such as will giue - most for them, so by their robberies and vnreasonable exactions, to keepe the people vnder, and then afterward when + most for them, so by their robberies and vnreasonable exactions, to keepe the people under, and then afterward when they are well fatted, to cut such caterpillers throates also, so to be accounted great iusticiars: the one measureth his manners, according unto his lawes; the other measureth his lawes, according to his owne disposition and @@ -13814,14 +13813,14 @@ their death. Whereof Tiberius the emperour grieuously complained, but Nero much more, who wished that when he died, yea that whilest hee yet breathed, all the world might with fire be - consumed. And for this cause Demetrius, surnamed Poliorcetes, to gratifie the Athenians vndertooke the + consumed. And for this cause Demetrius, surnamed Poliorcetes, to gratifie the Athenians undertooke the warre for the defence of their rights and libertie, to the intent to be honoured by their learned writings; knowing well that the citie of Athens was as it were the watch of the whole world, which might in like sort make the glorie of his noble acts to shine throughout the world, as doth a beacon set on fire vpon the top of an high tower: neither was he therein deceiued: but so soone as he gaue himselfe ouer unto vices and villanies, there was neuer tyrant - better (than he was by them) washed; hauing his name most shamefully by them + better (than he was by them) washed; having his name most shamefully by them defamed, by whome he had bene before commended. And albeit that some may think tyrants, for that they have no taste of true praise, to care the lesse what posteritie either thinke or say of them, @@ -13852,7 +13851,7 @@ whome the Astronomer by his letters aunswered, That Macrinus was the man that should succeed him; which letters by chaunce falling into the hands of Macrinus: he thereupon forthwith caused Caracalla to be slaine, for feare of - the danger prepared for him by Caracalla. So Commodus also, hauing hardly escaped the stabbe which a + the danger prepared for him by Caracalla. So Commodus also, having hardly escaped the stabbe which a murtherous villaine was about with a dagger to have giuen him, (who in giuing of the blow said, That the Senat had sent him that) straight waies after made a roll of al them whom he purposed to put to death: which roll by good hap @@ -13869,11 +13868,11 @@ still willing to spend their goods, their blood, and lives, for the defence of his estate, honour, and life; and cease not after his death to write, sing, and publish his prayses, amplifying them also in what they can. As we see in Xenophon the lively purtract of a great and vertuous - prince, drawne vnder the person of Cyrus, whose praises + prince, drawne under the person of Cyrus, whose praises he hath with wonderfull eloquence set forth, to giue eaxmple to other princes for to imitat and conforme themselves unto; as did Scipio Africanus, - The worthie praise of Scipio Africanus. who hauing + The worthie praise of Scipio Africanus. who having alwaies before his eyes and in his hands Xenophon his Cyropoediae, and framing himselfe to the imitation thereof, profited so much, as that he in vertue, honor, and prowesse, @@ -13908,7 +13907,7 @@ they should keep and preserue him, if they saw it to be for the good of the Commonweale. What tyrant is so cruell, what show soeuer he make, which most hartily wisheth not for the honour which king Agesilaus receiued, at such time as he was fined by - the Ephori, for hauing alone robbed the hearts and gained the loue of all the + the Ephori, for having alone robbed the hearts and gained the loue of all the citisens unto him? What king is there, which wisheth not to have the surname of Aristides the Iust? a title more diuine and royall than euer prince yet knew how to get: albeit that in stead thereof many have @@ -14011,17 +14010,17 @@ curtesie of the king, proceed many mischiefes and euils; as impunitie of offenders, of murderers, and oppressours: for that the king so good and so gratious cannot refuse to graunt them pardon. In - briefe, vnder such a prince the publique good is turned into particuler, and + briefe, under such a prince the publique good is turned into particuler, and all the charge falleth vpon the poore people: as wee see in cathares and fluxes in sicke and rheumatique bodies, the maladie still falleth unto the weakest parts; which to be so, we might proue by many examples aswell of the Grekes as of the Latins: but we will go no farther than to this our owne * realme, which - was in the most miserable case that euer it was, vnder the raigne of Charles surnamed the simple, and of some called Charles do nothing. ItThe happie - estate of Fraunce vnder king Francis the first, a wayward and hard + was in the most miserable case that euer it was, under the raigne of Charles surnamed the simple, and of some called Charles do nothing. ItThe happie + estate of Fraunce under king Francis the first, a wayward and hard Prince. was seene also, great, rich, and florishing, in armes, lawes, and learning of all sorts in the time of Francis the first: but especially some few yeares before his death, when as he waxing old, became so wayward and inaccessible, as - that no man durst come unto him to craue any thing of him; hauing driuen the + that no man durst come unto him to craue any thing of him; having driuen the courtly doggs, and shameles persons far from him, bestowing rewards, offices, honours, and benefits vpon none but such as were vertuous, and had well deserued of the Commonweal: and withall so gouerning his bountie, as that at @@ -14074,9 +14073,9 @@ made How the paradoxe, That of an euill and craftie man is made a - good king, is to be vnderstood. + good king, is to be understood. - a good king) to be vnderstood: for otherwise the word + a good king) to be understood: for otherwise the word euill, of the proprietie of it selfe signifieth not so much seueritie, as the vttermost point, or the extremitie of impietie, which our auncestors called euill: so Charles king of Nauarre was called an euil king, than whom none was @@ -14142,7 +14141,7 @@ himselfe of the soueraigntie, but first to bring him unto his triall; which seemeth more reasonable than the law Valeria: For that otherwise good & innocent men might oftentimes be taken out of the way and slaine by their - enemies, vnder the color of aspiring, before + enemies, under the color of aspiring, before the truth could be tried: who so once dead, are in that regard alwayes accounted as men iustly slaine. But these two lawes so repugnant and contrarie, may in mine opinion thus be well reconciled; if the meaning of Solons law be referred unto him, who suspected of @@ -14164,12 +14163,12 @@ priuat authoritie of Solon onely.

But here might many questions be made, as, Whether a Tyrant who by force - orWhether a Tyrant hauing aspired unto the soueraigntie, + orWhether a Tyrant having aspired unto the soueraigntie, and afterwards confirmed therin by the consent of the people in general, may yet lawfully be slay▪ fraud hauing + instant="false"/>▪ fraud having oppressed the libertie of the people, and so aspired unto the soueraigntie, may - be iustly slaine; hauing after his aspiring caused himselfe to be so chosen or + be iustly slaine; having after his aspiring caused himselfe to be so chosen or confirmed by the voyces of the people in generall? For why, it seemeth that such a solemn act of election, is a true ratification of him in his tyrannie, the people consenting thereunto. Yet am I @@ -14179,14 +14178,14 @@ cannot bee thought to be done by the free consent of the people, which they do by constraint, being by the Tyrants dispoyled of their authoritie and power. As when Sylla caused himselfe to be confirmed dictator for - fourescore yeares, by the law Valeria, which hee caused to be published, hauing + fourescore yeares, by the law Valeria, which hee caused to be published, having at the same time a strong and puissant armie of his own within the citie: Lib. de▪ legibus. Cicero said, That it was no law at all. And in like case Caesar, who about thirtie sixe yeares after, caused himselfe by the law Seruia, to bee made dictatour perpetuall. And also Cosmus Medices, who after - the death of his kinsman Alexander hauing an armie in + the death of his kinsman Alexander having an armie in the citie of Florens, caused the Senators to chuse him duke of that citie for euer: about which election whilest they made some doubt, hee so thundered with his artillerie before the pallace, as that the Senat doubting otherwise of the @@ -14259,14 +14258,14 @@ Baiazet king of the Turkes, who then besieged Constantinople; saying that he was come to chastice his tiranie, and to deliver the aflicted people; whom indeed he in a set battell vanquished in the plaines - neare unto Mount Stella: and hauing slaine and put to + neare unto Mount Stella: and having slaine and put to light three hundred thousand Turkes, kept the tirant (taken prisoner) in chaines in an yron Cage vntill he dyed. Neither in this case is it materiall whether such a vertuous prince being a straunger proceed against a Tirant by open force, or finenes, or else by way of iustice. True it is that a valiant and worthy prince - hauing the tirant in his power, shall gaine more honour by bringing him unto + having the tirant in his power, shall gaine more honour by bringing him unto his triall, to chastice him as a murtherer, a manqueller, and a robber: rather then to vse the law of armes against him. Wherefore let vs resolue vpon that, that it is lawfull for any straunger to kill a Tirant; that is to say a man of @@ -14299,7 +14298,7 @@ principalitie, wherein the the Emperour is head and chiefe, the power and majestie of the Empire belonging unto the States thereof: who thrust out of the gouernment Adolphus the emperour in the yeare 1296: and - also after him Wenceslaus in the yeare 1400, and that by way of justice, as hauing + also after him Wenceslaus in the yeare 1400, and that by way of justice, as having iurisdiction and power ouer them. So also might we say of the state of the Lacedemonians, which was a pure Aristocratie, wherein were two kings, without any soueraigntie at all, being indeed nothing but Captaines and Generals for @@ -14321,7 +14320,7 @@ ouer vs, then we ouer the people: wherein he showed euidently that he was no soueraigne prince: howbeit that it was not possible for him to have equall power with the people, as we have before showed. Wherefore these sorts - of princes, hauing no soueraigntie, if they + of princes, having no soueraigntie, if they polluted with wickednes and villanie, cannot be chastised by the authoritie and seueritie of the magistrat, but shall abuse their wealth and power unto the hurt and destruction of good men; it alwayes hath and shall be lawfull not for @@ -14335,7 +14334,7 @@ wicked. of Spain, of England; Scotland, Turkie, Moschouie, Tartarie, Persia, Aethiopia, India, and of almost all the kingdomes of Affricke, and Asia, where the kings themselves have the soueraigntie without all doubt or - question; not diuided with their subiects: in this case it is not lawfull for + question; not divided with their subiects: in this case it is not lawfull for any one of the subiects in particular, or all of them in generall, to attempt any thing either by way of fact, or of iustice against the honour, life, or dignitie of the soueraigne: albeit that he had @@ -14545,7 +14544,7 @@ thing against his life or honour. O how many Tirants should there be; ifWhat great inconueniecies should ensue if it were lawful for subiects vnder the + instant="false"/>e if it were lawful for subiects under the colour of tyrants to kil their soueraign princes it should be lawfull for subiects to kill Tirants? how many good and innocent princes should as Tirants perish, by the conspiracie of their subiects against them? He that @@ -14556,14 +14555,14 @@ should keepe strong gardes and garrisons for the safetie of his person, should be a Tirant: he that should put to death traitors and conspirators against his state should be also counted a Tirant. And in deed how should good princes be - assured of their lives, if vnder the colour of tirannie they might bee slaine + assured of their lives, if under the colour of tirannie they might bee slaine of their subiects, by whom they ought to be defended? Not for that I would say it not to be lawfull for other Princes by force of armes to prosecute tiranie (as I have before said) but for that it is not lawful for subiects so to doe. Howbeit that I am rather of Diogenes the Cinique his opinion, who one day meeting with Dionysius the yonger, then liuing in exile at Corinth, and seeing him merily sporting himselfe in the streats with iesters and minstrels; verie soberlie said unto him, Truely thou art now - in an estate vnworthie of thee. I hartilie thank thee (said Dionysius) for hauing compassion on me. And thinkest thou said Diogenes that I thus say for any compassion I have of + in an estate vnworthie of thee. I hartilie thank thee (said Dionysius) for having compassion on me. And thinkest thou said Diogenes that I thus say for any compassion I have of thee? mistake me not, for I speake it rather in dispite of the life thou now leadest, to see such a vile slaue as thee, worthy to grow old, and die in the accursed state of tirannie, as did thy father, thus to sport thy selfe in @@ -14580,7 +14579,7 @@ presseth and forceth the tirant? to have a desire to make his subiects beasts and fooles, by cutting from them all the waies to vertue and learning? To bee a slaue and subiect unto a thousand spyes and pryers into other mens lives? to - heare, see, and vnderstand, what is done, saied, o thought of all and every man? and in stead of ioyning and vniting of his subiects in loue and amitie together; to sow amongst them a thousand quarrels @@ -14636,7 +14635,7 @@ but eue their euill acts and decrees also are oftentimes of necessitie after their death▪ to be rtained in a commonweal. councell of good and honest men, vnder the + instant="false"/>tained in a commonweal. councell of good and honest men, under the couert of some one or other good and commendable act, which would otherwise of it selfe fall, by the onely euill opinion conceiued of tyrannie; whereas he which is alreadie dead, cannot be @@ -14644,7 +14643,7 @@ that not onely the good & profitable acts of Tyrants, but euen their euill and vniust acts and orders are of necessitie to be retained also, if we will have the Commonwealth in safetie to stand. Wherefore Thrasibulus after he had put to flight the thirtie Tyrants of Athens: - and Aratus hauing slaine Nicholas + and Aratus having slaine Nicholas the Tyrant of Sicyone: and to the imitation of them Cicero after the death of Caesar the dictator, perswaded the publication of the lawes of forgetfulnesse, to extinguish the desire of revenge: yet for the most part ratifying the acts of those Tyrants, @@ -14655,7 +14654,7 @@ edicts of theirs, which for that they had a perpetuall inconuenience annexed unto them, would if they had not bene abrogated, have in time vtterly ruinated all that was now againe set in order: as for their good & cōmendable - lawes, they were not at all altred. For what time was more glorious than Nero his first fiue yeares raigne? what more fit or + lawes, they were not at all altred. For what time was more glorious than Nero his first five yeares raigne? what more fit or better for the well ordering of a Commonweale? Insomuch that Traian himselfe a most excellent prince, deemed no man to have bene like unto Nero, for the well gouerning of a Commonweale. unto this the opinions of the lawyers agree, who hold the successoursThe successours of Tyrants how farre they are bound to that @@ -14678,7 +14677,7 @@ & Brokers, who are especially to be laid hold vpon, to the end that others take not example by them, to build their houses, or enrich themselves by the ruine or hurt of others, during the time that tyranie beareth sway; or that the - Commonwealth is with civill warres diuided. As it happened in the state of + Commonwealth is with civill warres divided. As it happened in the state of Milan, rent in sunder by the Venetians, the French, the Swissers, and the Spaniards, euerie one of them taking unto themselves so much thereof, as they could by force and strength, as if it had bene @@ -14734,7 +14733,7 @@ though not partakers of the murther, were yet desirous to be partakers of the reward; hee caused them altogether to be slaine. And that more is, the emperour Domitian put to death Epaphroditus, - Nero his manumised seruant, and secretarie to the state, for hauing + Nero his manumised seruant, and secretarie to the state, for having holpen Nero to kill himselfe, who most instantly requested him so to doe, being thereby delivered from the executioners hands, and crueil exemplarie death. And these things wee read not onely Tyrants, but @@ -14776,14 +14775,14 @@ much concerne the Commonweale also, the kings stocke to be most sacred, least the princes of the blood being taken out of the way, the Commonweale fall also; or else troubled with endlesse sedition, bee rent in peeces, as we shall in due - place declare. I know well that some have blamed Seleucus, for not hauing put to death Demetrius, surnamed the Besieger, one of the most valiant princes that euer was; but hauing onely kept him in - prison: And Hugh Capet, for hauing kept in prison in the + place declare. I know well that some have blamed Seleucus, for not having put to death Demetrius, surnamed the Besieger, one of the most valiant princes that euer was; but having onely kept him in + prison: And Hugh Capet, for having kept in prison in the castle at Orleans, Charles the last of the blood of king Charlemaigne: And Henrie the - first, king of England, for hauing kept in prison vntill his death, his elder - brother Robert, hauing before caused his eyes to bee put - out: As also Christiern father to Frederike king of Denmarke, for hauing kept his cosen the king of - Denmarke thrust out of his kingdome, fiue and twentie yeares prisoner, who as a + first, king of England, for having kept in prison vntill his death, his elder + brother Robert, having before caused his eyes to bee put + out: As also Christiern father to Frederike king of Denmarke, for having kept his cosen the king of + Denmarke thrust out of his kingdome, five and twentie yeares prisoner, who as a priuat man there died in prison, in the castle of Calembourg, being 77 yeares old: And Iohn king of Sweden, who keepeth his elder brother Henrie (reiected by the people) prisoner euer @@ -14810,7 +14809,7 @@ duke of Orleans; and yet to have easily escaped the daunger, said, That surely from thence foreward a man might have the blood of princes good cheape, and in so saying said well. For the same Iohn comming afterward - vnder safe conduct, was himself likewise serued, and in cold blood slaine, they that were the authors of his death + under safe conduct, was himself likewise serued, and in cold blood slaine, they that were the authors of his death escaping vnpunished.

@@ -14846,13 +14845,13 @@ AristocratieImpossible to establish an Aristocratie only of good men. in the good; defining it to be A gouernment of good men. But we have before declared, that in matters of - state (to vnderstand of what forme euerie Commonweale is) we must not have + state (to understand of what forme euerie Commonweale is) we must not have regard whether the gouernours thereof bee vertuous, or otherwise; but to the gouernment thereof. It is also a difficult matter, and almost impossible, to establish an Aristocratie composed onely of good men; for that cannot bee done by lot, neither by election, the two vsuall meanes: whereunto we may ioyne the third, by lot and election together, as - impossible as the other; vertue with fortune hauing no agreement. Neither is + impossible as the other; vertue with fortune having no agreement. Neither is lot and fortune to be admitted unto the consultations of honest causes: and if the same should be committed unto the choyce of the promiscuous and vulgar people, they would not make choyce of men altogether vnlike themselus; that is @@ -14885,13 +14884,13 @@ them that were left, as fools and wicked men? But admit that a Commonweal may at the first be made of such a select number of good men; how long shall we think it can so stand? And that is it for which there neither is, nor euer was - any pure Aristocratie; wherein the most vertuous onely had the soueraigntie. For albeit that the Pythagorians hauing drawne + any pure Aristocratie; wherein the most vertuous onely had the soueraigntie. For albeit that the Pythagorians having drawne unto their line the most noble and honorable princes of Italie: in the time of king Seruius Tullius had chaunged certeine Tyrants, into iust Regalities, and were in hope also by little and little to have brought the Oligarchies, and Democraties, into Aristocraties, as in some places they had alreadie done: yet neuerthelesse it so fell out, that the popular men, and - ringleaders of the people, seeing all power and authoritie, vnder the coulour + ringleaders of the people, seeing all power and authoritie, under the coulour of vertue, to be taken out of their hands, entered into great conspiracies, and so arming the people against the Pythagoreans, and the desperate rout, against the better sort: (as easie it was for the stronger to oppresse the weaker) @@ -14986,11 +14985,11 @@ chosen by the voices of the nobilitie: As for their iurisdiction or administration of justice, they vse strangers, viz. a Praetor, who is alwaies a stranger; with two Lieutenants his assistants, the - one for the receit, the other for criminall causes: and fiue other Ciuilians, + one for the receit, the other for criminall causes: and five other Ciuilians, judges for all priuat causes for two yeares, all strangers also; whom, they call the Rota. Yet besides them, there are seauen extraordinarie Iudges chosen out of the Citizens, for the extraordinarie - deciding of causes. Besides whom were also fiue Syndicques to receiue + deciding of causes. Besides whom were also five Syndicques to receiue informations against the Duke, and the eight Gouernours, after that their charge was expired, causing proclamation to be openly made, That if any man had any complaint against them, for any wrong or iniurie receiued from them, he @@ -15013,7 +15012,7 @@ Syndicques and other the great magistrats, and the treaties of peace and warre; all which belong unto the right of Soueraigntie, as we have before declared. Now out of this great Counsell of two hundred, they made choice of a perpetuall - Senat of threescore persons: and out of that Senat, they take fiue and twentie + Senat of threescore persons: and out of that Senat, they take five and twentie to be of the priuie Counsell for euer, chosen all by the great Counsell, and the foure Syndicques chosen every yeare for soueraigne Magistrats, beside the other Iudges and magistrats ordinarie. But the difference betwixt this @@ -15027,17 +15026,17 @@ alteration or seditious innouation than is that of Genua. Moreouer the choice of the great Counsell, the Senat, and of the priuie Counsell at Geneua is not made all at once, as at Genes and Venice; but a roome being become void by the - death or attainder of a councelour of the priuie Counsell of fiue and twentie, + death or attainder of a councelour of the priuie Counsell of five and twentie, they proceed to the choice of an other out of the great counsell, to put in his place into the priuie Councell: and after that of a citizen, or at least wise of a Burgeois, to put into the great - counsell, a man not any way sported or defamed: not hauing any regard in the + counsell, a man not any way sported or defamed: not having any regard in the choice of them, unto their wealth, or nobilitie, but in what they may unto their vertue and integritie only: a thing (as we read) vsed amongst the Lacedemonians, who after the death of their Senators, made choice of others in respect of their honour and vertue onely.

-

The Swissers except the Grisons, and the other fiue little cantons, have almost +

The Swissers except the Grisons, and the other five little cantons, have almost theThe state of the) Swissers. same forme of a Commonweale; as we see at Zurich the great Councell of two hundred, the Senat, and the priuie Councell established after the maner of Geneua: or to say better, that of Geneua @@ -15100,7 +15099,7 @@

- Whereby it is well to be vnderstood those estates of + Whereby it is well to be understood those estates of the Swissers to bee Aristocratique, The estate of the Swissers Aristocraticall, , the people tooke vpon them the soueraigntie: which by little and little falling againe unto the nobilitie (excepting - in the fiue mountaine cities) have with a popular moderation tempered their + in the five mountaine cities) have with a popular moderation tempered their states with better lawes and orders than the rest. For commonly the Aristocraticall state admitteth none but the Senators, the nobilitie, or richer sort, unto the honours and offices of the state, the rest being quite excluded. @@ -15135,7 +15134,7 @@ meere Aristocratike: And them also of Rhaguse, of Luca, of Ausbourg, of Nuremberg, to be composed in forme of Aristocraties, of the most auntient families, although they be but few in number. For as for the RhagusiansThe estate of the Rhagusians. (in auntient time called - Epidaurians) hauing new built the citie of Rhaguse, neere unto the auntient + Epidaurians) having new built the citie of Rhaguse, neere unto the auntient citie of Epidaurus, vtterly rased by the furie of the Gothes, and exempting themselus from the gouernment of the Alhanois, established among themselves an Aristocratike forme of a Commonwealth, gouerned @@ -15154,9 +15153,9 @@ criminall causes of importance, as if question be of the life, honour, or state of any gentleman. Beside this Senat there is a priuie councell of twelue persons, with a yearely prince or gouernour of the - citie; and fiue masters of requests (whome they call Prouisors) men appointed + citie; and five masters of requests (whome they call Prouisors) men appointed to receiue the requests of the people presented unto them in what court soeuer. - There are also six Consuls to decide civill causes, and fiue other judges for + There are also six Consuls to decide civill causes, and five other judges for criminall matters, and thirtie others for the deciding of such suits and controversies as exceed not the summe of three hundred ducats. Many other meaner officers they have also, of whome we will in due place speake. Truely @@ -15176,7 +15175,7 @@ will in due place speake. Suffiseth it now for the present to have shewed diuers Aristocraticall estates, in respect of soueraigntie, to the end by diuers examples both of the auntient and new Commonweales, we may the better - vnderstand the true nature of an Aristocratie. + understand the true nature of an Aristocratie.

@@ -15190,7 +15189,7 @@ succession, continued in the royall blood of the said Charlemaigne. But the descent of Charlemaigne, taking end in this Henrie the Falconer, the Monarchie by the voyces of the princes being translated from this Henrie, hath of long time continued by the right of election: insomuch - that the seuen princes Electours, hauing by little and lirtle withdrawne + that the seuen princes Electours, having by little and lirtle withdrawne the soueraigntie, have left nothing unto the emperour, but the bae marks therof in show; the @@ -15248,7 +15247,7 @@ princes and imperial cities to have their soueraigne states apart, neither to be bound unto any other mens commaunds or lawes, otherwise than as friends and confederats; in such sort and manner, as the Swissers have their cities and - iurisdictions among themselves, one diuided from another. But the difference is + iurisdictions among themselves, one divided from another. But the difference is to him that looketh neerer thereinto, right great, euerie Canton being soueraigne in it self, and not subiect unto the lawes and commaundements of others; neither otherwise bound among @@ -15313,7 +15312,7 @@ to have iustice against the emperour Charles the fift and his brother Ferdinand king of the Romans, according to the golden bull, and decrees of the states: for that they contrarie unto the - lawes of the empire and customes of their auncestors, hauing intercepted the + lawes of the empire and customes of their auncestors, having intercepted the kings letters directed unto the estates of the empire, had not suffered the same to bee unto them delivered, but also forbidden the archbishop of Mets, chauncelour of the empire to receiue or @@ -15349,7 +15348,7 @@ against them, by seising vpō their bodies or goods, by way of imprisonment, taking of pledges or rasing of their houses. And yet for all that the German princes are not bound to come unto the diet of the empire, if they be by none - commaunded, but by the emperour, as they gaue Charles the fift the emperour well to vnderstand, in the + commaunded, but by the emperour, as they gaue Charles the fift the emperour well to understand, in the yeare 1554: and also Maximilian the second, refusing in the yeare 1566, to have any diet then according to his request holden. And if it fortune the emperour, or king of the Romans, to come unto the frontiers of their territories, the princes @@ -15431,7 +15430,7 @@ the emperour, albeit that he carrie the crowne, the scepter, and weare the other most precious and imperial habits, and in all solemnities and ceremonies hath the precedence before other the - Christian kings, yea and that men attribute unto him the title of Most sacred Maiestie, all in deed hauing the show of + Christian kings, yea and that men attribute unto him the title of Most sacred Maiestie, all in deed having the show of soueraigne and royall maiestie, but yet not the thing it selfe. And yet to say the trueth, a man knoweth not how to do him so great honour as the maiestie of the sacred empire, whereof he is the head, deserueth. But the manerA great pollicy in Aristocratical estates to giue unto him @@ -15443,7 +15442,7 @@ showed the Empire to bee but an Aristocraticall estate, we may well conclude, That there is neither prince nor imperiall citie which hath therein the soueraigntie, being nothing else but members of - the empire, every one of them gouerning their estate vnder the power, and + the empire, every one of them gouerning their estate under the power, and without any thing derogating from the lawes and ordinances of the empire. Wherein many are deceiued, which make so many Commonweals as there are princes and imperiall townes; the contrarie wherof we have before showed. But as in @@ -15453,7 +15452,7 @@ the empire there is none but the Imperiall chamber onely which receiueth the Appeales from the other judges and lieutenants of the empire. And yet neuerthelesse when it chanceth the empire to - be diuided into factions, and part takings; or that the princes bandie them + be divided into factions, and part takings; or that the princes bandie them selues one of them against an other (which hath beene too often seene) then every towne and prince for the most part beare them selues as diuers Aristocraticall estates, and particular Monarchies; making of every member a @@ -15478,7 +15477,7 @@ Bourgmasters, which are an other particular counsell, whose authoritie aud power is much like unto that of the Decemuiri in Venice. And these Magistrats which we have spoke of, are they which mannage all - the greatest affaires of that Commonwealth. I speak not of the fiue criminall + the greatest affaires of that Commonwealth. I speak not of the five criminall judges: nor of the twelue appointed for the deciding of civill causes; neither of the Prouiditor for victuals, the two treasurers: nor of the three maisters of the wards: almost of like authoritie with the procurators of Saint Marke at Venice, to the imitation of whome they of @@ -15497,14 +15496,14 @@ instant="false"/> o Aristocraties. have exempted themselves from the power of their auntient lords. As in like case the Swissers and Grisons, - now diuided Commonweals, but sometimes subiects of the empire. And namely, the + now divided Commonweals, but sometimes subiects of the empire. And namely, the lords of the Canton of Fribourg, in the treatie of Combourgeoisie, betwixt them and the lords of Berne, call the towne of Fribourg a member of the empire, - albeit that they have their state therefrom diuided unto themselves in full + albeit that they have their state therefrom divided unto themselves in full soueraigntie. Some others acknowledge and confesse themselves to hold their liberties and priuileges, for the gouernment - of their estate from the emperour; as they of Vri, vnderuald, and Schwits, - hauing their letters patents therefore from Lewes of + of their estate from the emperour; as they of Vri, underuald, and Schwits, + having their letters patents therefore from Lewes of Bauaria the emperour, bearing date the yeare 1316. They also of Tietmarsh for the confidence they had reposed in the strength and situation of their countrey, (placed in the frontiers of the kingdome of Denmarke) withdrew @@ -15517,7 +15516,7 @@ subdued them, pretending that Christiern his great grandfather had of the emperour Frederike the third obtained the soueraigntie ouer them - of Tietmarsh, for hauing dismembred themselves from the empire; as I have seene + of Tietmarsh, for having dismembred themselves from the empire; as I have seene by the letters of Maister Danzai, ambassadour for the king into Denmarke.

@@ -15553,7 +15552,7 @@ being it selfe shut vp into a small roome: yet of them is made a Senat of threescore men, out of whom are selected twelue to mannage the secret affaires of their state. Heretofore also the Commonweale of Chio established in forme of - an Aristocratie by certaine Genua gentlemen of the house Austinian, hauing won it from the emperours of Constantinople; every + an Aristocratie by certaine Genua gentlemen of the house Austinian, having won it from the emperours of Constantinople; every yeare made choice of twelue counsellors of estate for the Senat: out of whome they chose foure, who with one soueraigne prince or magistrat gouerned all the affaires of state: the authoritie of which foure for all that, was but for six @@ -15581,7 +15580,7 @@ children succeed their fathers, in the gouernment of the Seignory: And the fourth, when they which take vpon them the state, vse a lordlike power and commaund without lawe. And yet neuertheles in the same booke, and a little - after, hee maketh fiue sorts of Commonweales, viz. the Regall, the Popular, the + after, hee maketh five sorts of Commonweales, viz. the Regall, the Popular, the gouerment of a few, the gouernment of the nobilitie▪ and after these a fift kind, composed of the other foure: which (as hee saith* Lib. 4. Cap. 7. afterwards) is no where to be found. But such a medley of Commonweales wee have @@ -15591,7 +15590,7 @@ hee no where defineth what an Aristocratie is: the verie cause of his errour. For what can bee more vaine, than to say it to be an Aristocratie where the ritcher or the better sort have onely part in the gouernment?Aristot. by the author impugned. For it may bee that of ten thousand - citisens, six thousand of them hauing two hundred crownes of yerely reuenue, + citisens, six thousand of them having two hundred crownes of yerely reuenue, have all part in the Seignorie; and yet neuerthelesse the state shall be a popular state, considering that the greater part of the citisens have the soueraignitie: for otherwise there shall be no popular Commonweale at all. The @@ -15721,7 +15720,7 @@ point of a popular estate is seene in this, that the greater part of the people hath the Soueraigne commaund and power not onely ouer euerie one in particular, but also ouer the lesser parte of all the people together. As for example in - Rome, where there were but fiue and thirtie tribes or companies of the people: + Rome, where there were but five and thirtie tribes or companies of the people: eighteene of these companies together, had soueraigne power ouer the other seauenteene: and authoritie to establish lawes, whereunto both they and euerie one of the CitiseGreat difference whether voyces▪ be taken by Poll o by Tribes & companies, in a popular - Commonweale. estate; that is so to be vnderstood, when the voices are + Commonweale. estate; that is so to be understood, when the voices are to bee taken by Pole as in Venice, in Rhaguse, in Genua, in Luca, and almost al Aristocratique Commonweales: but if the voices be taken by tribes, parrishes, or companies sufficeth it, of them to have the greater part, also albeit that there be in them far the lesser part of citisens, as it hath commonly chanced - in auncient popular Commonweales. In Athens the people was diuided into ten + in auncient popular Commonweales. In Athens the people was divided into ten principall tribes, whereunto in favour of Demetrius, and Antigonus they ioyned two others, of them called Antigonia and Demetria: and againe - the people was diuided into thirtie sixe classes or companies. But such + the people was divided into thirtie sixe classes or companies. But such diuisions according to the diuers encreasings of the people, and more easie and commodious giuing of voices are often time changed. So Romulus at first deuided all the people in RomeThe small number of the people of Rome, and how they - were diuided in the time of Romlus, and how they - were againe diuided in the time of King Seruius▪ with the manner of their + were againe divided in the time of King Seruius▪ with the manner of their giuing of voyces. which then was about 3000 into three tribes or parts: and after that euerie part into ten companies, appointing ouer euerie one of them an head: how be it the voices (as Liuy - saith) were then al giuen by poll. But by the ordinance of king Seruius the people was againe diuided into sixe + saith) were then al giuen by poll. But by the ordinance of king Seruius the people was againe divided into sixe companies, according unto every mans wealth and reuenue: in such sort: as that the first companie wherein the richest were enrolled, had asmuch power as all the rest: if the centuries of this first companie were al of one accord and mind in giuing of their voices, that is to say fourescore centuries, which were - but eight thousand persons; for in that case the voices of the other fiue + but eight thousand persons; for in that case the voices of the other five companies were neuer asked. But if two or three centuries of the first companie were not of the same opinion with the rest: so many centuries of the second company were drawne out as might supply @@ -15792,7 +15791,7 @@ unto the third & fourth company: but most seldom unto the first, and unto the sixt neuer: in which sixt companie was the refuse of the people, and poorest citisens, which according to the view then taken, were in number aboue - threescore thousand: beside the bourgesses and citisens of the fiue first + threescore thousand: beside the bourgesses and citisens of the five first companies in number sixteene thousand▪ And had this ordinance of king Seruius still remained in force after kings were driuen @@ -15813,15 +15812,15 @@ sort (for the most part their followers▪) to giue their voices at their appointment & pleasure; there was a decree made, That from thenceforth the nobilitie should no more be present at the - assemblies of the common people: which was then diuided into eighteene tribes, + assemblies of the common people: which was then divided into eighteene tribes, which by little and little in continuance of time tooke such increase, that - they grew to the number of fiue and thirtie tribes: who at length by meanes of + they grew to the number of five and thirtie tribes: who at length by meanes of their factious Tribunes got unto themselves the soueraigntie of the Commonweal, with power to make all the lawes, and chuse all the magistrates, except the Consuls, the Praetor, and Censors, which for that they were the greatest magistrates, they were still chosen by the greatest assemblies, that is to say of the nobilitie and people together, the whole bodie of the people beeing (as - wee said before) diuided into tribes or companies. But forasmuch as the + wee said before) divided into tribes or companies. But forasmuch as the enfranchised men, and such as by desert had obtained the libertie of the cittie, mingled through all the tribes of the people of Rome, in number far exceeded the naturall and antient citisens, and @@ -15845,7 +15844,7 @@ that in the time of the civill warres betwixt Marius Marius popular. and Silla, was - by Marius (hauing ceised vpon the citie) effected: so to + by Marius (having ceised vpon the citie) effected: so to make the estate of the Commonweale more popular, and to weaken the authoritie of the nobilitie and richer sort. Demosthenes after the victorie of Philip king of Macedon at Chaeronea @@ -15906,7 +15905,7 @@ as in Venice, and not by tribes or companies, as they did in Rome and other popular estates, by reason of the infinit multitude of them which had part in the seignorie. And in Rome, vntill the law Fusia, (made 693 yeares after the building of the citie) they confounded the voices - of the tribes, to the intent it might lesse be vnderstood which way every tribe + of the tribes, to the intent it might lesse be understood which way every tribe had gone, so to auoid the displeasure of the citisens among themselves, about the giuing of their voices. So at Strasbourg the most popular of the German cities, and at Mets, although it came into the power of the French, yet they @@ -15914,7 +15913,7 @@ Grisons, call the tribes and companies unto their assemblies, for the creating of their magistrats, and making of lawes: yet so, as that the greater tribes have the greeter part of the suffrages or voyces. True it is, that the cantons - of Vri, Schwits, Vnderuald, Zug, Glaris, and Apenzel, which are true + of Vri, Schwits, underuald, Zug, Glaris, and Apenzel, which are true Democraties, and hold the more popular libertie, for that they are mountainers, make their assemblies for most part in open places, and there euerie one of them (being fourteene yeares old) giue their @@ -15947,12 +15946,12 @@ their officers, if the good liking of the whole commons be not gained; as I have seene by the letters of the bishop of Bayonne, ambassadour for the French king: and afterward by Maister Bellieure ambassadour - also, and a man of good understanding in matters of state, hauing the same - charge, gaue the king to vnderstand, in the moneth of May 1555, how that the + also, and a man of good understanding in matters of state, having the same + charge, gaue the king to understand, in the moneth of May 1555, how that the ambassadour of Spaine had almost caused all the companies of the Grisons to reuolt, insomuch that in assemblie of the Cade, there were moe voyces for Spaine, than for Fraunce. And after that how that they of the Comminaltie of - Linguedine, hauing not receiued the money promised them by the Spaniards, laid + Linguedine, having not receiued the money promised them by the Spaniards, laid hand vppon the Spanish pentioners amongst them, and putting them to torture, afterward condemned them in a fine of ten thousand crownes to be by them paid into the common treasure. Wherein the @@ -15962,7 +15961,7 @@ former alliances.

These examples of popular cities we have set downe, that thereby the force and - nature of popular states and Commonweales might the better be vnderstood: + nature of popular states and Commonweales might the better be understood: Wherefore let vs then conclude; That to be a popular State or Commonweale wherein the greater part of the people have the soueraigntie; whether their voices be giuen byAristotle his opinion concerning an @@ -15993,14 +15992,14 @@ the people for the maintenance of their popular estate had driuen them out, a man might say that the state was then chaunged into an Aristocratie. So should we also say, if twelue thousand of the - richer sort had the soueraigntie, and but fiue hundred of the poorer sort were + richer sort had the soueraigntie, and but five hundred of the poorer sort were excluded, that that state were an Aristocratie. And againe to the contrarie, if - there were but fiue hundred poore gentlemen, which had the gouernment ouer the + there were but five hundred poore gentlemen, which had the gouernment ouer the rest of the richer sort, one should call such a Commonweal a popular state. For so saith Aristotle, calling the Commonweales of Appollonia, Thera, and Colophon popular states, wherein a few auntient verie poore families had the soueraigntie ouer the rich. Yea he passeth on further - and saith, that if the greater part of the people hauing the soueraigntie, + and saith, that if the greater part of the people having the soueraigntie, giueTo iudge of an estate we are not to consider who have the magistracies or offices but who they be in whom the soueraigntie resteth. the great offices and honours of their state unto the @@ -16024,14 +16023,14 @@ that the state be royall, and yet the gouernment aristocraticall: as if the prince giue the honours and offices to a few of the nobilitie, or to a few of the richer sort onelie, or some few of his fauorits. And to the contrarie, if - the people hauing the soueraigntie, giue the most honorable offices, rewards, + the people having the soueraigntie, giue the most honorable offices, rewards, and preferments unto the nobilitie onely, as they did in Rome, vntill the law Canuleia, the estate should be in deed popular, and yet the gouerment Aristocratique. So if the nobilitie, or a few of the better sort should have the soueraigntie, and yet bestow the most honorable charges and preferments vpon the poorer and baser sort, aswell as vpon the rich, without favour or respect of persons: the state should be Aristocratique, and yet popularly gouerned. But if all or the greatest part of - the people hauing the soueraigntie, shall giue the honorable offices and + the people having the soueraigntie, shall giue the honorable offices and preferments indifferently to all, without respect of person, or by lot bestow the same vpon all the citisens: a man might wel iudge that estate not onely popular, but also to be most popularly gouerned. As was done at Athens at the @@ -16086,7 +16085,7 @@ or in the greater part thereof; which are the three sorts of Commonweales by vs set downe. And as for that which we have said, that the gouernment may be more or lesse popular, may be deemed so to be, by the Commonweales of the Swissers, - where the mountaine Cantons of Vri, Schwits, Vnderuald, Zug, Glaris, and + where the mountaine Cantons of Vri, Schwits, underuald, Zug, Glaris, and Apensel are so popular, as that the soueraigntie of the CommonwealThe popularitie of the mountain . resteth onely in them all, so that they be fourteene yeares old, in somuch that @@ -16112,7 +16111,7 @@ valiant or honourable minded of the nobilitie or richer sort shall by any meanes attempt to restraine the people so intemperatly abusing their libertie; them straight waies they do what they can to kill or to banish, and - confiscating their goods, diuided the same among the poorer sort, and that the rather, if they be rich, or seeme to aspire: + confiscating their goods, divided the same among the poorer sort, and that the rather, if they be rich, or seeme to aspire: Yea oft times it happeneth, that the common people puft vp with the punishment or slaughter of some one mightie man, violently breaketh out vpon the rest, and that especially if it be once come to @@ -16133,17 +16132,17 @@ obligations burnt or canceled: yea sometime the common people set on by such as were farre endebted, ranne vppon the creditours and rich men, robbed their houses, and enforced them to make an equall diuision of their possessions and - lands, forbidding them the hauing or possessing of cattell or lands, aboue a + lands, forbidding them the having or possessing of cattell or lands, aboue a certaine number or rate by them set downe: from which kind of dealing the Swissers have alwaies abhorred. And albeit that the publike pensions of princes, and gifts of straungers, in some of the Swissers cities, are not laid - vp in the common treasure, but diuided among the people in particular; in the + vp in the common treasure, but divided among the people in particular; in the diuision whereof hee that hath most male children hath also a greater part than the rest: yet for all that, when as they of the canton of Glaris requested of Morlet, the French kings ambassadour, in the yere 1550, That the priuat and extraordinarie pensions, which the greater men yearely receiued of the king, might together - with the publike pension bee equally diuided amongst them all: King Henrie denied so to doe, and said, He would rather + with the publike pension bee equally divided amongst them all: King Henrie denied so to doe, and said, He would rather restraine his bountie, than suffer his priuat liberalitie to be so at their pleasure confounded with the common. Yea that worse is, the insolent libertie of the auntient Greeke popular Commonweales, proceeded to that libertie (should @@ -16166,7 +16165,7 @@ or knowledge, should be also the more esteemed, respected and honoured; and that the honourable charges in the Commonweale, should of right be due unto such men: and therefore alwaies desire - and seeke to have themselves alwaies diuided and seperated from the dregges and + and seeke to have themselves alwaies divided and seperated from the dregges and rascalThe inequalitie of the nobilitie and of the vulgar or commonpeople, not possible to be brought to any good conformity in one and the same state. sort of the common people. Sith therefore the @@ -16225,12 +16224,12 @@ instant="false"/> of a Senat. giue aduise to them which have the soueraigntie in euerie Commonweale. For so order requireth, that - hauing before spoken of them which have the power of soueraigne maiestie, and + having before spoken of them which have the power of soueraigne maiestie, and of the markes thereof, and also touched the diuersitie of Commonweales: We should now also speake of the Senat, as of the chiefe and principal part of a Commonweal, next unto the prince. Not for that a Commonweale cannot altogether be without a Senat or Councell: for a prince may be so wise and discreet, as - that he cannot find better councell than his owne: or els hauing not whome to + that he cannot find better councell than his owne: or els having not whome to trust, taketh aduice neither of his owne people nor of strangers;That a wise prince needeth not allwaies to be aduised by his counsell. The wonderfull secresie of Iulius Caesar in all his affaires. but of himselfe alone, as we read of Antigonus king of Asia, and of Lewes the @@ -16289,7 +16288,7 @@ Commonweale, than to cause them to passe by the aduise of a graue and wise Senat or Councell: and the rather, if it be doubtfull whether it be profitable or no, which the prince or state would have done. And that of all others, Charles the fift the - French king, was woont best to doe: For hauing a purpose to driue out of his + French king, was woont best to doe: For having a purpose to driue out of his kingdome the Englishmen, who in fealtie held all the castles and townes in Aquitaine; and now prouided of all things, which he thought needfull for the doing thereof, he receiued the complaints of the Frenchmen of Aquitaine (the @@ -16297,7 +16296,7 @@ contrarie unto the treatie of Bretignie: who for such appeales and complaints unto the king, had vsed them euill. Vpon which occasion, whether of purpose sought for, or by chaunce offered, the king tooke hold: but yet would not - vndertake the warre, without the councel and + undertake the warre, without the councel and good liking of the nobilitie and people, whose helpe he was to vse therin. Wherfore he commanded them all to be assembled unto the parliament of Paris, pretending that he had sent for them to have their aduise, and by their @@ -16312,7 +16311,7 @@ all estates. And so Hiero king of Sicilie was together with all his kindred and friends most cruelly slaine, for that hee so proudly and insolently contemned the Senat, nor in any thing asked the aduise therof; - by the aduise whereof (his grandfather hauing inuaded the soueraigntie) had + by the aduise whereof (his grandfather having inuaded the soueraigntie) had before gouerned the state fiftie yeares and more. The same errour committed Caesar, not only in the time that he was Consull, but in his dictatorship also, neuer vsing the aduise or councell of the Senat: The principall occasion that was taken for the killing of him, being for that he @@ -16328,7 +16327,7 @@ Lewes the eleuenth the French king, who in nothing asked the aduice of his Counsell, but had thereby (as hee afterward confessed) brought himselfe within an inch of his vtter ruine: for which cause, hee would - not that his sonne Charles the eight, should vnderstand any more but three words of + not that his sonne Charles the eight, should understand any more but three words of Latine (and those, such as are razed out of the historie of Philip Comines,) to the end that mistrusting of his owne wisedome, he should rest himselfe vpon the graue counsell of others, and so by their aduice to mannage his affaires rather than by his owne. For it is rightGreat learning in a prince somtime daungerous. certaine, @@ -16348,7 +16347,7 @@ are to counsell of: and last of all, what power is to be giuen unto the Senat or Counsell in a Commonweale.

-

First we said the Senat to be a lawfull assemblie: which is to be vnderstood of +

First we said the Senat to be a lawfull assemblie: which is to be understood of theSenators from whom they have their lawfull power. power which is giuen them by the prince, or soueraigntie in other states, to assemble themselves in time @@ -16425,7 +16424,7 @@ honour, priuileges, and dignities unto the Elders; for the presumption we ought to have that they are wiser, of better understanding, of more experience, and fitter to giue counsell than the yonger sort. Yet for all that, is not that - graunted to all old men: no not to them which hauing before excelled in vertue + graunted to all old men: no not to them which having before excelled in vertue and wisedome, are now growne so old and decrepit, as that their naturall forces faile them, and their braines weakned, can no longer do their dutie, but are now as men destitute of wit and iudgement, vnable longer to vse the instruments @@ -16433,7 +16432,7 @@ to be with age both weak and sicke; whom Plato himselfe, who appointed the Elders to be keepers of his Commonweal, hath excused from any longer bearing of charges in the Commonweal, or for any more giuing of counsell. It is also said in the holie - Scripture, That God hauing chosen seauentie Elders, powred vpon them aboundance + Scripture, That God having chosen seauentie Elders, powred vpon them aboundance of wisedome: for which cause the Hebrewes call their Senators, the Sages, or wise men. And Cicero elegantly (as he doth all things) calleth the Senat the soule, the reason, and understanding, of aThe Senat the soule of the commonweale. Commonweale; @@ -16545,7 +16544,7 @@ they did not long ago cardinall Mule, their ambassadour unto him also, for that they had of him receiued the cardinals hat, without leaue from the Seigneurie. But I find, that in this realme there have bene - thirtie fiue chauncellors, which have bene + thirtie five chauncellors, which have bene cardinals or bishop at least: and so in England the like. And in Polonia, where the archbishop of Gnesne is by inheritance alwaies chancellour of the realme: the kings of that country have bene glad to make a lay man their @@ -16585,7 +16584,7 @@ estate, where the Senator is chosen by his wealth. And by the auntient order of the Romans also, no man could be made a Senator, except he had before borne some honourable place or charge in - the Commonweale. And therefore the Censors from fiue yeares to fiue yeares, + the Commonweale. And therefore the Censors from five yeares to five yeares, registred in the roll of the Senat, all them which had borne any great or honourable office or place in the Commonweale; viz. such as had bene Consuls, Praetors, Aediles, or at least Quaestors. And for that in @@ -16652,9 +16651,9 @@ hundred moe, which number of three hundred Senatours, so continued by the space of almost foure hundred yeares, without increasing or diminishing. But in the time of Cicero, it is manifest that there were about - fiue hundred, by that he writeth foure hundred and fifteene Senatours, to have + five hundred, by that he writeth foure hundred and fifteene Senatours, to have giuen voices when Pub. Claudius, who was afterwards - tribune, was brought in question for hauing polluted the sacrifices of Bona Dea, by committing of adultery with Pompeia: at which time, when the Senatours were not + tribune, was brought in question for having polluted the sacrifices of Bona Dea, by committing of adultery with Pompeia: at which time, when the Senatours were not constrained to be present in the Senate, no man can doubt, but that many of them then dispersed into all the prouinces of the Roman empire, or otherwise busied with their owne affaires, or letted with age and sicknesse, were then @@ -16687,7 +16686,7 @@ onely which then were, or had before beene the great magistrates. And in the Senate of the Achaeans, none but the generall and the ten Dimiurgi, had power to determine of such things as were in counsell propounded. Howbeit a wise - lawegiuer will neuerThe daunger of hauing many + lawegiuer will neuerThe daunger of having many Senators. goe so farre, if hee may otherwise auoid the popular sedition: for beside the manifest daunger, which is for reuealing of counsell communicated to so many persons: it giueth also occasion unto the factious for @@ -16728,10 +16727,10 @@ commandement the Senat might not assemble it selfe) or the greatest magistrat in the absence of the Consull, sometime an whole yeare passed without calling together of the Senat: as Caesar did in his first - Consulship, hauing the Senat bent against him; and yet in the meane time by + Consulship, having the Senat bent against him; and yet in the meane time by prodigall bountie caused euen what he would to be decreed by the people. Whereas Solon had much better prouided for the matter - among the Athenians, hauing beside the ordinarie Senat of 400, euerie yeare to + among the Athenians, having beside the ordinarie Senat of 400, euerie yeare to be changed, appointed also a priuie and perpetuallThe counsel of the Areopagi i Athens. Councell @@ -16740,7 +16739,7 @@ have the mannaging of all the most secret affaires of the state, and to foresee that in time of daunger the Commonwealth should take no harme. Of which councell how great the need was, was then well - vnderstood, when as Pericles to gaine the favour of the + understood, when as Pericles to gaine the favour of the common sort, had taken away the authoritie from the Areopagits, and translated the same unto the people: for shortly after, the state of that Commonweale sore shaken both with forren and domesticall warres, began forthwith to decline and @@ -16770,7 +16769,7 @@ the greater power for the ruling of the Senat: which manner of Councell the Romans wanted. And therefore Liuie wondereth (as at a right strange thing) that the ambassadors of Greece and Asia, which came to - Rome, could of so great a number of Senators vnderstand nothing of that which + Rome, could of so great a number of Senators understand nothing of that which king Eumenes then plotted in the full Senat, against Perseus king of Macedon, Eo silentio curia clausa erat, The court (saith he) was with such silence shut vp: Whereby he sufficiently sheweth, that in his time, as also long before that, @@ -16781,13 +16780,13 @@ oath, not to reueale any such thing as was in the Senat decreed, vntill such time as it was put in execution: For as yet no capitall punishment was appointed for such as shuld reueale or bewray the secret councel of princes. - And indeed how could any thing there be kept secret, where fiue or 600 Senators + And indeed how could any thing there be kept secret, where five or 600 Senators were priuie to all that was done in the Senat, beside the clarks and secretaries for the state? When as also the yong Senators children, before the time of Papyrius Praetextatus might come into the Senat, & carrie the news of such things as were there done, unto their mothers. Augustus was the first, who out of the Senat made choice of some few of the wiser sort to be of his - priuy coūcel, without giuing the rest of the senat to vnderstand, that he + priuy coūcel, without giuing the rest of the senat to understand, that he would with them resolueAugustus the first in Rome who out of the whol body of the Senate made choice of some fewe of the wiser sort, to be of his priuie counsels of the most important and secret affaires @@ -16813,17 +16812,17 @@ person busied in his warres. For which cause and no other, the auntient diuines and poets, have faigned Pallas alwaies to sit on the right hand of Iupiter, but not Iupiter on the right hand of Pallas: to giue vs - thereby to vnderstand, That the Councell ought alwaies to be present with the + thereby to understand, That the Councell ought alwaies to be present with the prince, but not the prince to bee tied to the place where the Councell is resident: which were a thing not onely not agreeable with the maiestie of a soueraigne prince, but also impossible. And albeit that there bee many things in euerie Commonweale dispatched by the priuie Councell, wherewith it is not needfull either the people or the rest of the nobilitie to be made acquainted: yet so it is, that in a Monarchie it is expedient and - requisit that the prince should himselfe vnderstand them: or at leastwise that euerie man should thinke that he + requisit that the prince should himselfe understand them: or at leastwise that euerie man should thinke that he so doth, so to giue the greater authoritie and credit unto such things as are by the Councell decreed, and that the subiects should not complaine and say, - The king vnderstandeth not hereof. And for this cause + The king understandeth not hereof. And for this cause the Grand Signior of the Turkes hath alwaies a lattise or grate, opening into the Diuano, or chamber wherein his Councell sitteth, to the intent to keepe his Bassaes and them of his councell in awe; whilest they thinke him their prince @@ -16831,7 +16830,7 @@

But it may be (may some man say) that a Commonweale may be so little, and menIn small Commonweales the priuie Counsell is not to be - diuided from the Senat. of experience in it so few in number, as that + divided from the Senat. of experience in it so few in number, as that not a Senat, but euen such a priuie Councell as we spake of, cannot therein be made. In which case of so strait a Commonweale, it is not needfull to diuide the Senat apart from the priuie Councell. As in the Commonweale of the Pharsalians (which was within most @@ -16864,7 +16863,7 @@ discharge himself of the empire. So Iulius Caesar, had none but Q. Pedius, and Cornelius Balbus of his most inward councell, unto whom also he gaue his manner - of writing in secret caracter, for them the better to vnderstand his secrets + of writing in secret caracter, for them the better to understand his secrets thereby. So Cassiodorus speaking of the secrets of princes, saith, Arduum nimis est principis meruisse secretum, Too high a thing it is (saith he) to have deserued to be of @@ -16878,7 +16877,7 @@ called the Great Councell: which when it was also entangled with deciding of extraordinarie suits and controversies, by the lawes of Charles the eight, and much more by the lawes of king Lewes the xij, who appointed a court of twentie judges; king Francis the elder remoued that Great Councell from - medling with the secret affaires of state, hauing got unto himselfe another + medling with the secret affaires of state, having got unto himselfe another councell of certaine select princes his friends: which of the Latines is called; The Familiar Councell, and of our countrey men, The princes priuat Councell. But Francis @@ -16932,14 +16931,14 @@ magistrats may come to the number of six score. And what then should let, but that where there be but few men worthy to be of councell for the state, but that the Senat may be made right little, and the priuie councell lesse, and yet - diuided from the Senat also. The state of the Rhagusians is but strait, & + divided from the Senat also. The state of the Rhagusians is but strait, & comprised almost within the same bounds, wherewith the wals of the citie are enclosed, and yet the Senat consisteth of threescore. In the citie of Nuremberg is a Senat of twentie six Senators, and a priuie councell of thirteene, beside another councell of the seuen Bourgomasters. The Canton ofThe counsel of the Cantons of the Swistars. Schwits is the least of all the Cantons, and yet for all that beside the Senat of fortie - fiue persons, it hath a priuie councell of seuen, of whome the Aman is chiefe. + five persons, it hath a priuie councell of seuen, of whome the Aman is chiefe. Which selfe same forme of councell is also kept in the canton of Vti. As for the cantons of Zurich, Berne, Schafluse. Basill, Soleurre, Friburg, and Lucerne, they have alwaies beside the Great Councell, a little councell also. @@ -16952,7 +16951,7 @@ The counsel of Geneus. Geneua is enclosed within the compasse and circuit of a mile, yet for all that beside the councell of two hundred, it hath a Senat of sixtie; and after that a priuie councell of twentie - fiue. Neither is there any canton so little, (except the three cantons of the + five. Neither is there any canton so little, (except the three cantons of the Grisons, gouerned by the common popularitie) which hath not a priuie councell beside the Senat, wherein some have three, and some have foure. As in the canton of Bafill, where the secret affaires of state are mannaged by two @@ -16987,13 +16986,13 @@ of state, in Venice. in Venice: where if any difficultie arise in the counsell of the sages, it is commonly discided by ioining of the Decemuiri unto them, (and therefore unto such decrees as are by them made are ioined Con la Giunta) and if they cannot so agree, but still - rest among themselves in opinion diuided, they + rest among themselves in opinion divided, they call unto them the Septemuiri or counsell of seauen: but if so nothing can be decreed for the diuersitie of opinions, the matter is then propounded in open Senat: And sometimes also (although but seldome) if the matter be of such consequence, or so much concerne the maiestie of the State, as that the authoritie of the Senat seemeth not to be thereunto sufficient, or that the - Senat be thereupon diuided, it is propounded in the great counsell of all the + Senat be thereupon divided, it is propounded in the great counsell of all the gentlement of Venice, where it taketh the last and finall resolution; which as Aristotle writeth, was also the auncient custome of the Carthaginensians, where if the Senat could not agree, the difference was @@ -17064,7 +17063,7 @@ raigne of Charles the ix, at such time time as the Court of Paris liked not of the decree of the Senat, whereby the king in the Court of Roan was by the voices of the princes declared sufficient for the gouernment of - the kingdome without a Regent, according to the law of king Charles the first: the king yet vnder age, aduised the court, to + the kingdome without a Regent, according to the law of king Charles the first: the king yet under age, aduised the court, to meddle only with the desciding of controversies, and the equall administration of justice: for that the king his predecessours had for that onely purpose appointed that Court, and there placed them, and not to become his tutors, or @@ -17073,10 +17072,10 @@ court of Paris, to be published: wherein if any thing should be contained that seemed not to stand with right and reason, he could (as he said) be content to be thereof - tould; but yet so as that after he had vnderstood the matter, if it were his + tould; but yet so as that after he had understood the matter, if it were his pleasure to have the law proclaimed, they should forthwith without farther reply do that they were commaunded: with which the kings edict the court was - wonderfully troubled; and for that the judges were equally diuided into two + wonderfully troubled; and for that the judges were equally divided into two opinions: the one being willing to have the kings edict published, and the other denying the same. The Court thought good againe to aduise the king, that the court might not be enforced to allow or publish such things as should @@ -17091,7 +17090,7 @@ Charles the viij. made it an ordinarie court of seauenteene counsellours; whom Lewes the xij. made vp xx. beside the Chauncelour, who was President thereof, (in such sort, that - vnder king Francis there was but a President in steed of + under king Francis there was but a President in steed of a Chauncelour) who were not imploied but in hearing of extraordinarie causes by way of commission, or remitting of the priuieThe priuie counsel of Fraunce almost brought into the forme of an ordinarie court by @@ -17100,7 +17099,7 @@ selfe to be as it were brought into the forme of an ordinary court, by heating the differences betwixt the Townes and the Parlaments, and oft times betwixt particular men, euen for small matters: to the end that such a great companie of the nobilitie, and men of marke, should - be busied with some thing, hauing as it were lost the understanding of the + be busied with some thing, having as it were lost the understanding of the affaires of state, which can neuer sort to good end, if they be communicated to so many persons: where the wiser sort are commonly ouer ruled by the greater part, ioining hereunto also, that it is impossible, to keepe the counsellMatters of state not without daunger to be communicated unto @@ -17154,14 +17153,14 @@ dangerous and slipperie wayes. And that is it for which all the auntients both Greeks and Latins, have so highly commended the Senat of the Areopagits, composed of sixtie persons, as we read in Athens. The same manner is yet vsed - among the fiue lesser cantons of the mountaine Swissers, that they which have + among the five lesser cantons of the mountaine Swissers, that they which have passed through all the honourabre estates should continue Senators for euer: but this is not the way to have good resolution, and yet lesse to keepe the affaires of state in secret, in that the Senators of the little cantons, which - are fortie fiue in Zug, and an hundred sixtie foure in Appenzel, and more or lesse in the others, when question is + are fortie five in Zug, and an hundred sixtie foure in Appenzel, and more or lesse in the others, when question is of matters of importance, may euerie one of them bring with him into the councell two or three of the citisens, such as he liketh best of. Whereby it - commeth to passe, that sometime there are foure or fiue hundred, part Senators, + commeth to passe, that sometime there are foure or five hundred, part Senators, part others, assembled together into the Senat, and yet all have deliberatiue voices therein. Whereas multitude is euer an enemie, unto wise resolutions.

@@ -17366,7 +17365,7 @@ remoued from a Senat or councell, if aduise be to be sought for or required of such Senators as we have spoken of, that is to say of wise men. And the Lacedemonian breuitie full of good reasons, is to be vsed, that they all may - have time to speake: & that no orator hauing got the possession of + have time to speake: & that no orator having got the possession of speaking, shold with long discourse or speech exclude the best & wisest of the senators. And therefore by an old decree of the Areopagits, it was not lawfull in that graue councell, to vse either any induction or after-speech. As @@ -17531,7 +17530,7 @@ Now if any man should say that these words, Si ei videretur (if it should so seeme unto him good) imported a commaund: the contrarie is proued in that, that Liuie speaking of the punishment of the - Campanians, saith, That the Consull Fuluius hauing red + Campanians, saith, That the Consull Fuluius having red the decree of the Senat which caried these words: Integram rem ad Senatum reijceret si ei videretur: interpretatum esse, quid magis è Republica duceret, aestimationem sibi permissam: That he should, if he @@ -17566,7 +17565,7 @@ ib. 28. when as he speaketh of Triumphes, saying, It was neuer before by the people determined of triumphes, - the estimation and bestowing of that honour hauing alwayes beene with the + the estimation and bestowing of that honour having alwayes beene with the Senat: no not the kings themselves to have impaired the maiestie of that order: he speaketh (I say) but like an orator: for that there was nothing which might not be taken from the Senat, the magistrat propounding a request to the @@ -17575,7 +17574,7 @@ yet could it not commaund or put in execution any of those things that were by it decreed: neither had it so much as any Lictors or Sergeants, the true markes of them which have power to commaund. But the - Magistrats hauing the decrees of the Senat in their hand, directed their owne + Magistrats having the decrees of the Senat in their hand, directed their owne mandats and commissions for the execution thereof, if they thought it so good: assuring themselves to be out of blame in doing that the Senat had before decreed, it being alwaies readie to maintaine them in so doing: So the Senat @@ -17595,7 +17594,7 @@ and showed, for them to confirme by writing ouer them this letter T, or reiect by putting thereunto this word Veto, that is to say, I forbid it. So that the Senat did nothing but by sufferance of the people, or of the Tribunes, who were as it were espials of the Senat, and keepers of the libertie - of the people, hauing alwaies free power to take + of the people, having alwaies free power to take exception to whatsoeuer was decreed, if the people by expresse law tooke it not from them, permitting the whole disciding of the matter propounded, unto the Senat, without the interruption of the Tribunes. As it did at the request of Tiberius Graccus @@ -17641,7 +17640,7 @@ Sicilie where they were left in garrison, to be led away, and being stript and beaten, to be all afterward beheaded before the people, without any regard had unto the opposition of the Tribunes, or appeales of the condemned, most - miserably crying out, the sacred lawes to be therein broken and troden vnder + miserably crying out, the sacred lawes to be therein broken and troden under foot. But herein question was of militarie discipline, which in that respect hath nothing common with domesticall lawes andMartiall discipline respecteth not the common or domesticall lawes. customes. @@ -17728,12 +17727,12 @@ principall reason is, for that if it should have power to commaund also what it had in councell decreed, the soueraigntie should rest only in the councell: and so the councellors of the estate, in stead of councellors should ther of become - maisters, hauing the mannaging of the affaires, and power to dispose of all at + maisters, having the mannaging of the affaires, and power to dispose of all at their pleasure; a thing impossible to be done, without the impairing, or to say better the vtter subuersion of all soueraigntie and maiestie: which is so high and so sacred, as that it belongeth not unto subiects, of what estate or condition soeuer, once to touch it either nie, or a - farre off. Whereby it is to be vnderstood, them that giue commaund unto a + farre off. Whereby it is to be understood, them that giue commaund unto a Senat, to go about the destruction of the Commonweale, and vtter ruine of the state. And for this cause the Great Councell of Venice (wherein the maiestie of their state consisteth) seeing the Decemuiri to take vpon them aboue that which @@ -17779,7 +17778,7 @@ of foure hundred citisens every yeare to be changed: but withall hee made a perpetuall priuie Councell of the Areopagits, to the intent, that that mutable Senat, and yearely change of all the other magistrats - might thereupon rest, as vpon a most firme and sure stay. And thus hauing + might thereupon rest, as vpon a most firme and sure stay. And thus having spoken of a Senat, order requireth that we should also speake of the Officers and Commissioners in a Commonweale.

@@ -17813,7 +17812,7 @@ A publique person who? Two sorts of publique persons. of whome there are two sorts, one which hath power to commaund, whome they call Magistrats: and another sort which hath no such commaunding power, but is onely - to vnderstand or to put in execution the commaundements of the others; and are + to understand or to put in execution the commaundements of the others; and are yet all publike persons also. Howbeit for all that, all publike persons are not Officers, or Commissioners; as Archbishops, Bishops, and Ministers, are publike persons, and beneficed men rather than Officers: which we must not mingle @@ -17825,7 +17824,7 @@ Officers, for that no man, either lawyer, or of them which have before entreated of the state of Commonweales, hath truely told what an Officer, a Commissioner, or a Magistrat is: which for all that is a thing most necessarie - to be vnderstood, seeing that the Officer is one of the most principall parts + to be understood, seeing that the Officer is one of the most principall parts of a Commonweale, which cannot stand without Officers and Commissioners. But forasmuch as Commonweales were first serued by Commissioners, before they were serued by Magistrats or Officers (as wee will hereafter show) it is fit that we @@ -17896,7 +17895,7 @@ Commissioners appointed by the prince have) power to heare the cause, to sit in iustice, to iudge, to commaund, to compell, and yet for all that were no magistrats. Which being so, none of the aforesaid definitions can bee good. - Besides that there is another fault in them, for not hauing distinguished the + Besides that there is another fault in them, for not having distinguished the magistrats from the other officers, nor made any difference betwixt an officer, & a commissioner; whereof a great confusion and medley of commissioners and officers must needs ensue. Carolus Sigonius, who seemeth more curiously to have @@ -17943,13 +17942,13 @@ broakers, and such like, it must be done by publique edict, verified and inrolled: of examples whereof all the records of the courts of justice are full. But whereas we said the lawes concerning officers to be perpetuall,Offices to be perpetuall although that the officers oftentimes - chaunge. that is to be vnderstood of the perpetuitie of the offices, + chaunge. that is to be understood of the perpetuitie of the offices, which continue for euer after they be once by edict erected, (what time soeuer it be that is prescribed unto the officers themselves,) vntill that by contrarie edicts or lawes the same offices be againe put downe. Although the officer hold his place but for the space of eighteene moneths, as did of long the Censors their censorship, (which for al that was at length prorogued for fiue yeares, + instant="false"/> that was at length prorogued for five yeares, for that so great an office could not in lesse time well be discharged,) or for a yeare: as did all the other offices in Rome, by the law Villia: or for six moneths, as did the Senators of Florence, after it was a popular estate: or for @@ -17971,7 +17970,7 @@ bookes. The Athenians in like case had a certeine forme of presenting their requests unto the people, which if the people receiued, it then passed into the force of a law: which they vsed to ingraue in brasse, and to fasten it unto a pillar, lest - any man should vnder the colour of ignorance excuse him selfe in transgressing + any man should under the colour of ignorance excuse him selfe in transgressing the same. So when question was for the erecting of an hundred new Senators in Athens out of the two new Tribes of Antigonus and Demetrius, the law for the erection of them was published unto the people: which was also done in the erection of all other offices as is @@ -17999,7 +17998,7 @@ aswell called by the name of Lawes, as were those that were made for ordinarie offices: the charge, the time, and place being still limitted by commission: as a man may see by the commissions granted unto the Dictators, which were sometime made by the decree of the people, as I - have before shewed. And also by the commission granted to Pompee for fiue yeares, therein to end the Pirats warre: with commaund + have before shewed. And also by the commission granted to Pompee for five yeares, therein to end the Pirats warre: with commaund ouer all the coasts and haven townes of the Mediterranean Sea, all granted unto him by the law Gabinia. As also by commission giuen him for the warre against king Mithridates, granted by the law Manilia. But @@ -18007,7 +18006,7 @@ them offices, which are still ordinarie and perpetuall. And for because those warres were in short time to be ended, it was not meete therfore to create a new magistrat, whose office and charge should be perpetuall, but onely - extraordinarily to commit the care of that warre unto a most sufficient Captaine and Generall: unto whom fiue + extraordinarily to commit the care of that warre unto a most sufficient Captaine and Generall: unto whom five yeares time was limitted at the request of Catulus: to the intent that Pompee in that time might end the warre, and not longer to protract it to be so alwaies in imployment: Or if the warre @@ -18028,7 +18027,7 @@ instant="false"/>. Aemilius Mamercus, who chosen Dictator, and the same day - hauing dispatched the businesse for which he was chosen, the verie next day + having dispatched the businesse for which he was chosen, the verie next day following gaue vp his charge: showing therein how little he liked of long rule or authoritie. Howbeit such is the nature and power of all Commissions, as that according to the pleasure ofCommissions to depend of the @@ -18068,13 +18067,13 @@ show of the giuing vp of their charge. For the suspending of all magistrats in generall, is a thing right dangerous, not onely in Popular and Aristocratike estates, but euen in a Monarchie also: which yet I neuer knew to have happened - in this kingdome of Fraunce, but at such time as king Iohn was taken prisoner by the Englishmen: For then Charles the fift hauing gotten of his father the gouernment of the + in this kingdome of Fraunce, but at such time as king Iohn was taken prisoner by the Englishmen: For then Charles the fift having gotten of his father the gouernment of the kingdome, appointed fiftie commissioners for the reforming of the Commonweale, with power to examine the doings and abuses of all the other magistrats, from whome as then all power was taken. At which time the Commonweale destitute of gouernours, was by the seditious wonderfully disturbed: but more of these things in their place.

-

But the better and the more easily to vnderstand the difference betwixt an +

But the better and the more easily to understand the difference betwixt an office andThe difference betwixt an office and a commission. a commission, a man may in some sort say, that an office is a thing borrowed, which the owner cannot demaund againe before the time it @@ -18105,7 +18104,7 @@ orators of their time, namely Demosthenes and Aeschines grounded the state of their orations and pleas vpon this point. For when Ctesiphon had presented a request unto the people, That it would please them, that Demosthenes for his good deserts towards the Commonweale (and namely - for hauing most strongly fortified the walles and castles of the citie of + for having most strongly fortified the walles and castles of the citie of Athens) might in the open theater be rewarded with a crowne of gold. Aeschines Demosthenes his greatest enemie, opposed himselfe against the entertainment of the request, @@ -18126,10 +18125,10 @@ matter, but extraordinarie, for that there is not still need for to repaire them. Neither ought it to seeme strange, if Demosthenes well knew to distinguish and put a difference betwixt a commission and an - office (as hauing bene of long time exercised in the publike affaires, and as - it were in the middest of the Commonweale) both which Aristotle altogether confounded. The one of them also hauing alwaies + office (as having bene of long time exercised in the publike affaires, and as + it were in the middest of the Commonweale) both which Aristotle altogether confounded. The one of them also having alwaies mannaged the affaires of state; and the other as saith Laertius, neuer intermedling therein. And that is it for which Nicholaus Grouchius, and Carolus - Sigonius, for not hauing vnderstood the difference betwixt an office + Sigonius, for not having understood the difference betwixt an office and a commission, have so much troubled themselves with replies and reioynders, without any resolution at all, as men ignorant in the knowledge of matters of law and of state. All which shall I @@ -18170,7 +18169,7 @@ instant="false"/>le, as▪ That if any officer have iudged of a fact contained in his commission, in the qualitie of an officer, that his iudgement is naught: but - yet that is to be vnderstood in a thing which concerneth not his office: For if + yet that is to be understood in a thing which concerneth not his office: For if there bee a concurrence of the commission Excitatiue, with the charge contained in the erection of his office, the ordinarie hearing of the cause is to be preferred before the commission, euen as the qualitie of the officer is to be @@ -18187,7 +18186,7 @@ commissions extenuating the power and authoritie of magistrats or officers to be odious, or at leastwise lesse gratious, if they bee not for the reforming and amending of the abuses and corruption of the officers. As they do in - Venice, from fiue yeares to fiue yeares: And euerie yeare in Genes, where the + Venice, from five yeares to five yeares: And euerie yeare in Genes, where the Sindies are afterwards Commissioners, to heare the abuses committed by the magistrats & officers (which in auntient time in Athens was giuen to certaine ordinarie magistrats) as also at Rome by the law Bebia▪ when as before @@ -18199,7 +18198,7 @@ and for the deciding whereof the whole lives of all the magistrats would have scarce sufficed. Commissions may also bee graunted for things concerning the greater part of officers, or a whole corporation or colledge, in which and like - cases commissions are necessarie. And I remember that king Charles the ninth, hauing directed his letters patents, in the yeare + cases commissions are necessarie. And I remember that king Charles the ninth, having directed his letters patents, in the yeare 1570, for the generall reformation of the waters and forrests of Normandie, which drew after it question of the fairest of his demaine; from the hearing whereof the precedent and councellors of the parliament of Roan were forbidden: @@ -18289,7 +18288,7 @@ of the most cruell and bloodie civill warre that euer was in Rome. So also was the prouince extraordinarily appointed unto Cato Vticensis, against Ptolomee king of Cyprus; - which by him vndertaken, Clodius boasted, That he had + which by him undertaken, Clodius boasted, That he had pluckt out Catoes tongue, which had alwaies before beene at libertie to speake against extraordinarie powers and commissions. Sometime also if the horriblenesse of some enormious fact required a more seuere triall, @@ -18308,9 +18307,9 @@ belonging to the Senat, apart from all others; as saith Polybius: as it happened in a straunge robberie and murther, wherof Cicero speaketh in his booke De Claris Oratoribus; to the hearing whereof (hee saith) the Senat deputed - the Consuls. By which examples here before produced, it appearethWhether cōmissioners appointed by the prince, or people hauing + the Consuls. By which examples here before produced, it appearethWhether cōmissioners appointed by the prince, or people having the soueraigntie, may appoint their Deputies and so commit the matter to - others. that Commissioners appointed by the prince, or people hauing + others. that Commissioners appointed by the prince, or people having the soueraigntie, whether they be magistrats or priuat men, may appoint their deputies, and so commit the matter to others, if it be not expresly forbidden them by their commission so to doe; or that question be of the estate it selfe @@ -18334,7 +18333,7 @@

And albeit that a man might make many questions concerning commissions graunted, as well by the soueraigne prince, as by the magistrates, in time both of peace and warre: yet will I thereof touch but two or three, and those most - necessarie to bee vnderstood of them which have the managing of the affaires of + necessarie to bee understood of them which have the managing of the affaires of state, whether it be in peace or warre. Wherefore leauing the rest, and to bee briefe: wee say that theDiuers wai @@ -18370,7 +18369,7 @@ antient difficulties, the secretaries to the state have vsed to ioyne unto commissions, and almost to all mandats and letters pattents this clause, A die qua rescriptum Significabitur, From the day that the rescript shall be notified: which clause if it be omitted, yet is it - alwayes necessarily to be vnderstood. And thus much concerning the expresse + alwayes necessarily to be understood. And thus much concerning the expresse reuocation of a commission.

So also a Commission taketh end by the death of him that graunted it, bee @@ -18427,7 +18426,7 @@ it belongeth not unto any officers, parliament, or Senat, to doubt of the power or maiestie of the prince: which if it were not, neither were they to have any authoritie or power: neither are in any other sort to proceed, but as officers - unto the king, and vnder his obeysance. But if it were lawfull for the people + unto the king, and under his obeysance. But if it were lawfull for the people to make choice of their king, as it is in Polonia, Denmarke, and Hungarie; (where the kings beeing dead, the maiestie of the kingdome is to returne unto the people) another thing were to bee said: For then the magistrats vse not the @@ -18442,7 +18441,7 @@ power. And as for the decree of the parliament of Paris (bearing date the sixteenth of October 1381) whereby it was ordained, that the kings edicts and commands should have like power the king being dead, that they had whilest he - yet lived; that is so to be vnderstood, if the charge committed bee then begun + yet lived; that is so to be understood, if the charge committed bee then begun to be put in execution. And therefore if the power of the magistrats be annuall, and the king die before the magistrats yeare be expired, yet may the magistrat neuerthelesse hold his @@ -18518,7 +18517,7 @@ friends, for the inlarging of their power to the hurt of the Commonweale, it is not lawfull for the Embassadours without speciall commaund to intreat thereof: For seeing that in the lesse affaires of priuat men, an Attourney or Proctor - hauing a generall authoritie with full and entier + having a generall authoritie with full and entier power, may not yet for all that giue, acquite, or alienate any thing, or giue or take an oath of any person without a speciall charge; much lesse ought he so to doe in things touching the @@ -18534,7 +18533,7 @@ the Generals commaund, are both worthie of death, although they obtaine the victorie. For what could euer have more honorablie beene done, or more worthie eternall praise, than was that which was done by Fabius, - collonell of the horsemen vnder Papyrius Cursor the Dictator? who with the losse but of + collonell of the horsemen under Papyrius Cursor the Dictator? who with the losse but of an hundred men onely, slew twentie thousand of the enemies; and yet for that he contrarie to the Dictators commaund had ioyned battell with the enemie, he was brought in question of his head, neither had so escaped, had not the Dictator @@ -18551,7 +18550,7 @@ shrewdly shent of the Spaniards, for giuing battell unto the Mareshall de Termes (although he therein tooke him prisoner and discomfited the French armie) for that he had hasarded the whole state of the low Countries, if he had lost the bartell. But this latter point is to be - vnderstood of such as be Lieutenants, or subiect to the commaund of others, who + understood of such as be Lieutenants, or subiect to the commaund of others, who by vertue, of their office have not power to command. For an officer, as the Consull, or in his absence his Lieutenant; or with vs the Constable, the Marshall, or other Generall of the armie, placed as in title of office, to have @@ -18561,7 +18560,7 @@ and giue them battell, besiege them, and take their fortresses and strong holdes, and dispose of the armie according to his discretion, if he have not expresse commaundement to the contrarie from his soueraigne, and so his power - suspended: yet hauing taken any strong places, or the enemies Generall, he may + suspended: yet having taken any strong places, or the enemies Generall, he may not without speciall commaund deliver them, or yet make peace with the enemie. True it is, that in popular estates these points are not, neither can bee so straitlyLarge to make warre by vertue of their office, might auow and + commission; as that the Consuls, Praetors, and others, having power to make warre by vertue of their office, might auow and iustifie their owne actions, without any other ratification, except they had taken vpon them some thing that concerned the soueraigntie of the people; whereas the Commissioners, if they therein passed their cōmission, must of necessitie have their actions by the Senat or by the - people ratified. As Pompey hauing had commission for the + people ratified. As Pompey having had commission for the mannaging of the warre against king Mithridate, passing farther made warre also against diuers other nations and people, at his pleasure bestowing the kingdomes, estates, and towns by him conquered and @@ -18601,15 +18600,15 @@ alwaies to be interpreted and ruled to the best good and profit of the Commonweale▪ not in any thing giuing power to doe that is hurtfull unto the publike state; which is not a thing lawful or permitted euen unto a priuat man - to do, hauing a charge in generall tearmes committed unto him. Wherefore these + to do, having a charge in generall tearmes committed unto him. Wherefore these words expressed in commissions, be they Gouernors, Captaines, Iudges, or ambassadors (for things to be done)General clauses in commissions for things to be done according to the descriptiō of the - commissioners how they are to be vnderstood? + commissioners how they are to be understood? At their discretion according to their wisedome; or at their will and pleasure: and others such like, are still to be so interpreted and vuderstood, as - euerie good and wise man would interpret and vnderstand them, still respecting + euerie good and wise man would interpret and understand them, still respecting the good and profit of the Commonweale: wherein if any fault be committed, account thereof is to be giuen; the least fault that can be, being still in matters of state, and publike interest to be enquired after: no excuse of @@ -18624,7 +18623,7 @@

But to the intent that the force of Commissions and offices may the better bee - vnderstood, it shall not be amisse to produce the examples of the auntient + understood, it shall not be amisse to produce the examples of the auntient Romans, and to compare their manner of speech in the making of them, with that of ours. As inHow the auntient Romaines gaue extraordinarie power unto their generals by commission. that which Festus Pompeius saith, Cum imperio esse dicebatur @@ -18670,9 +18669,9 @@ commissions saith, Omnes Potestates, Imperia, curationes, ab vniuerso populo proficisci conuenit, It beseemeth al potestats, commaunds, and commissions, to come from the bodie of the whole people. Where - by the word Potestates, he vnderstandeth the gouernours + by the word Potestates, he understandeth the gouernours of princes, who were properly so called. And by the word Imperia, Captains, who had particular commission to mannage the warres - (howbeit that the word Imperia, is vnderstood also of + (howbeit that the word Imperia, is understood also of the civill magistrats) with power to commaund. By the word Curationes, is meant all other charges, without power to commaund. The word Imperator, signifieth properly a generall or chiefe captaine, as Plinie speaking of Pompey, Toties Imperator antequam miles, So often a generall before he was a souldior. But generally the @@ -18754,7 +18753,7 @@ antiquitie of the Hebrewes, and of their lawes, saith, That Moyses of all others was the first that euer writ lawes. And that in - Moses the first that euer writ laws. fiue hundred + Moses the first that euer writ laws. five hundred yeares after, the word Law was neuer heard of. Alleaging in proofe therof, That Homer in so many books as were by him written, neuer vseth this word de Republica, seeing the number of officers to be infinite, whom he calleth all , a name proper unto Magistrats hauing + instant="false"/>, a name proper unto Magistrats having commaund in the Common weale: he findeth himselfe therein much entangled, for that he seeth others also besides them necessarie for the ornament and glorie of the Commonweale: and then after them all the Magistrats ministers, as @@ -18834,7 +18833,7 @@ lib. 3. Politia. he maketh question, whether that the Iudges and Orators are to be called Magistrats: whereunto he - aunswereth, that a man may say them to be no magistrats, hauing no part of the + aunswereth, that a man may say them to be no magistrats, having no part of the commaund of the Commonweale; And therefore Cato Vticensis chastising the Registers, Comptrollers, and Receiuers, you ought (saith he) to remember your vocation, and that you are but ministers, and @@ -18855,7 +18854,7 @@ Magistrats, and some of them be not. We must therefore now confesse, that amongst them which have publique and ordinarie charge; that is to say, of Officers, some of them are Magistrats, (viz. such as have power to - commaund) and some of them not, (as hauing no such commaundingWhich officerWhich officer be also magistrats. power) but seruing onely as the magistrats ministers: which diuision seemeth unto vs necessarie for the auoyding of such businesse as @@ -18909,7 +18908,7 @@ pains to defend their iurisdiction: which extendeth not onely unto the imposing of fines vpon the offendors, but euen to the attaching of their goods and bodies, and casting of them into prison. And yet it appeareth (may some say) - that Vlpian hauing excepted these Duumuiri (who were in + that Vlpian having excepted these Duumuiri (who were in like power that the Sherifes were in townes without any iurisdiction at all) yet neuerthelesse accounteth them in the number of Magistrats▪ and seemeth also to say, these Duumuiri to have also had iurisdiction: For otherwise in vaine were they @@ -18927,9 +18926,9 @@ of the Praetors iurisdiction, and that also by leaue and sufferance. But they which have nothing but such deputed or precarie iurisdiction, can of right call nothing thereof their owne: Wherefore - whether the power of the Duumuiri consisted onely in hauing power to commaund, + whether the power of the Duumuiri consisted onely in having power to commaund, or in iurisdiction, it was vndoubtedly but by leaue and sufferance: whereby it - is to be vnderstood, these Duumuiri not properly to have bene at all + is to be understood, these Duumuiri not properly to have bene at all magistrats. But they which have power to commaund, together with iurisdiction, may call men before them, attache them, and with penall iudgement defend their iurisdiction, & also put their iudgements in execution: wheras they which @@ -19020,7 +19019,7 @@ he writeth, a dramme of siluer to have bene appointed by Solons laws, for a reward to him that had killed a - shee wolfe; but fiue drammes unto him that had killed an hee wolfe: for that a + shee wolfe; but five drammes unto him that had killed an hee wolfe: for that a shee wolfe easily killeth a sheepe; but that the he wolfe being stronger, killeth an oxe. Whereby it is manifest, oxen to have beene thrice as cheape in the countrey about Athens, as in Italie. For ten Asses, or the Roman Denarius @@ -19055,7 +19054,7 @@ sheepe at ten Asses, and euerie oxe at an hundred. But whereas Dioxysius writeth it to have bene lawfull onely for the Consuls to impose a fine, ought not to seeme strange; for that at such time as the law was made, there was neither Praetor nor Aedile in Rome, the first - Praetor being there made 386 yeares after the foundation of the citie. And Cicero hauing as he thought best, made lawes for his + Praetor being there made 386 yeares after the foundation of the citie. And Cicero having as he thought best, made lawes for his Commonweale, which he to the imitation of Plato had conceited, amongst the rest made one, whereby he giueth unto all magistrats iurisdiction and diuination. But they which thinke the same to have bene the @@ -19071,7 +19070,7 @@ followeth, that the iurisdiction of the auntient bishops, and of our bishops also, without power to commaund, was not properly a iurisdiction, but onely a simple hearing and understanding of matters. For that which Lucullus the bishop said in the Senat, The bishops to have bene the - judges of religion, and the Senat of the law, tendeth to that end, and is so to be vnderstood, as that when question + judges of religion, and the Senat of the law, tendeth to that end, and is so to be understood, as that when question is of religion, credit is to bee giuen unto them, as is unto other men skilfull in their professions and trades; or as unto iudges appointed either for the bare examination of the fact, who are properly called Recuperatores (or as we terme them Delegates:) or for the @@ -19112,11 +19111,11 @@ extant, whereby the Bishop of Paris was grieuously fined, for that he had vsed such calling of men beforeThe authoritie of the bishop of Rome not to be preferred before the authoritie of other princ. him. But when as the Bishops vnder the + instant="false"/>. him. But when as the Bishops under the colour of ministring of oathes, and of the contempt of Religion, had with vs drawne unto themselves the hearing almost of all matters, (for Alexander Immolensis was of opinion, the power of administring an oath to be sufficient to giue - unto the Bishops iurisdiction also) the greater Courts forbad them vnder the + unto the Bishops iurisdiction also) the greater Courts forbad them under the colour of ministring an oath, to take unto them the hearing of any matter. And at length it was forbid them also to have the hearing of the causes concerning the possession of benefices: and so after much, long, and hard sute, prouided @@ -19172,7 +19171,7 @@ and by witnesses published, by retracting the cause, to reiect the witnesses; and so when as no moe could iustifie the matter, freely and without punishment to commit villanie euen in the middest of the Commonweale? Our auncestours neuer handled the publique iudgements of - priests, with diuided examinations: But the Court of Paris, although it often + priests, with divided examinations: But the Court of Paris, although it often times by iust decrees either quite abrogated, or with equitie tempered the Popes decrees and ordinances, yet neuer more iustly than in this case: which when it had often times beene delayed, at length by a law made at Molines, that @@ -19190,10 +19189,10 @@ doubting whether they ought to put in executionWhether the uill magistrat be to put the Bishops sentence - into execution, before he vnderstand of the equi therof or not? the bishops commaund or not, before they have - vnderstood of the equitie of the sentence. Now if no appeal be made from the + understood of the equitie of the sentence. Now if no appeal be made from the sentence, most are of opinion, That it is without farther examination of the magistrat, to bee put in execution: but if appeal be made, that then enquirie is to be made of the equitie of the appeal, which yet some denie to be lawfull. Yet in mine opinion, if question be of @@ -19228,7 +19227,7 @@ neither power to call men before them, neither to lay hands vpon them, had neither sargeants nor mase bearers. When I say power to lay hands vpon men, my meaning is to have power to seise vpon the bodie or goods of men; for by our - customes many hauing praediall iurisdiction, (or as we tearme them mannours) + customes many having praediall iurisdiction, (or as we tearme them mannours) may lay hand vpon mens lands, but not vpon their bodies: which was not by the auntient Roman lawes permitted; of whom it is needfull here to speake, and in briefe to declare their power, the more manifestly to show the power of all @@ -19260,7 +19259,7 @@ great power they presuming and bearing themselves, doubted not contrarie unto the law to call men before them, and to take vpon them authoritie and iurisdiction. Which thing Labeo the lawier gaue them - well to vnderstand, who being by one of them + well to understand, who being by one of them summoned, refused to make his apparance before him, openly protesting for defence of himself, That the Tribunes were not ordained or appointed for the administration of justice, or to have iurisdiction, but onely to oppose @@ -19269,10 +19268,10 @@ them which would not yeeld and giue place to their opposition. So the Tribune Sempronius, seeing that the Censor Appius would not giue vp his office, after that he had bene eighteene moneths Censor, (according to the law Aemylia, which had brought the tearme of - fiue yeares before prefixed to the Censor, unto the tearme of eighteene + five yeares before prefixed to the Censor, unto the tearme of eighteene moneths) told him that he would thrust him into prison, if he obeyed not that law (which he did by consent of six others of the Tribunes his fellowes in - office▪) but Appius hauing practised with three other of the tribunes to oppose + office▪) but Appius having practised with three other of the tribunes to oppose themselves against the commaundement of the other seauen, by that meanes held still his office: for why, the opposition of one onely of the Tribunes suffised to stay the proceedings of all the rest, if order were not otherwise taken by @@ -19301,10 +19300,10 @@ nobilitie: which when it could not be obtained of the nobilitie, it was agreed, certaine Tribunes of the souldiours with the power of Consuls, to be indifferently chosen out of both sorts: which manner of gouernment continued - fortie fiue yeares, without any Consull, vntill such time as that it was + fortie five yeares, without any Consull, vntill such time as that it was agreed, That one of the Consuls should be still chosen out of the people. Howbeit a man might say, That the Tribunes in so saying made their power lesse - than indeed it was, they hauing power to + than indeed it was, they having power to oppose themselves, and to commaund men to prison; which is a part of power. For so Vlpian speaking properly and as a lawyer, aith, That it is not lawfull without leaue and @@ -19395,7 +19394,7 @@ prostitute themselves. Which the auntients did, to the intent that such women as reason could not keepe within the bounds of modestie, should yet for shame of such publike profession (of so lewd a life before the magistrat) be restrained. But after that in latter times many - euen of the most noble dames in Rome (hauing together with their chastitie also + euen of the most noble dames in Rome (having together with their chastitie also lost their modestie) a shamed not right impudently to make such open profession before the Aediles, That they would prostitute themselves. The emperour Tiberius tooke order, that from thenceforth the magistrats should proceed against them by way of iustice: & at the same @@ -19594,7 +19593,7 @@ man may say also, That there are publike charges with honour, without power to commaund; as ambassadours and priuie councellors, secretaries of estate, and treasorours; the auntient Ediles and Questors, and our Receiuers. So also some - other there be which have honorable charge, hauing also the hearing of many + other there be which have honorable charge, having also the hearing of many causes, and yet without commaund: as the auntient Roman Bishops, and our great Prelats. Others have honorable charge, with power also to commaund, and @@ -19631,7 +19630,7 @@ cities also. Other publique charges also there be, not much more honest, and yet neuerthelesse necessarie unto the Commonweale, and profitable unto them that have execution of the same: to the end that the profit arising thereby, - might in some sort couer the dishonour thereof. And vnder this diuision are + might in some sort couer the dishonour thereof. And under this diuision are generally comprehended all publique persons placed in title of office, or in commissions, or in simple dignitie without power to commaund. And in like maner we might diuide all publique officers & magistrats, according to the @@ -19776,7 +19775,7 @@ discharge, except he first know his duty towards his Soueraigne prince, as also how to submit himselfe unto the other Magistrats his superiours, how to respect his equals, and how to commaund his inferiours, how to defend the weake, to - withstand the great, and to doe iustice to all. And that is it, for which the auntients commonly said, Magistracie or authoritie to declare what was in a man, hauing as it + withstand the great, and to doe iustice to all. And that is it, for which the auntients commonly said, Magistracie or authoritie to declare what was in a man, having as it were vpon the stage in the Theatre, and in the sight of all men, to performe the parts of many persons. And so also may we say, A man to show what his office is: For if he be such an one as he ought to be, hee graceth his place: @@ -19788,7 +19787,7 @@ and power of the office which he bare.

Now the better to know what obedience the Magistrat oweth unto his Soueraign, - it is needfull first to vnderstand, what it is that a Soueraigne Prince may of + it is needfull first to understand, what it is that a Soueraigne Prince may of right commaundThe lawful commaunds of soueraigne princes right diuers. every Magistrat to doe. For why, the lawfull commands of Soueraigne Princes are right diuers, and vnlike themselves. Some of them @@ -19808,7 +19807,7 @@ for the repairing of bridges, hie wayes, ports or passages, or for to iudge of certaine suits and proceedings in the law, or for the execution of some commaunds, or for the maintenance of letters of iustice, or for the restoring - of such as be vnder age, or of full age, or of such as be condemned, or for + of such as be under age, or of full age, or of such as be condemned, or for some particularitie, or for some remission, or pardon, which may bee of diuers sorts. Of which commaunds so before declared, some containe diuers kinds, as do priuileges and graunts, whether it @@ -19816,7 +19815,7 @@ from some one: or letters of discharge, or of estate, or to have the freedome of a citisen, or for to be made legitimat, or for nobilitie, or knighthood, or for the erecting of corporations or colleges, or other such like things. All - which letters may be diuided into two sorts, that is to say, into letters of + which letters may be divided into two sorts, that is to say, into letters of iurisdiction or commaund, or letters of iustice or state. Albeit that the word Iubemus, or we commaund, be as well in the letters of iustice, as in the letters of grace and favour, as is to bee seene in the lawes @@ -19896,14 +19895,14 @@ all that concerneth letters of justice, it greatly appeareth not that the soueraigne princes have much troubled themselves therewith, but have left them to the magistrats to be in their name decided. I except only certain letters of - iustice, which passe vnder the great Scale, and whereunto the aforesaid clause, + iustice, which passe under the great Scale, and whereunto the aforesaid clause, If it shall be iust, If it shall be agreeable unto equitie and truth, is inserted: which clause so much displeased a certaine great personage, holding one of the highest places - of honour in this Realme, (who vnderstood not the force thereof) as that he + of honour in this Realme, (who understood not the force thereof) as that he would have raced out the same; saying the maiestie of the king to be thereby impaired▪ howbeit that he was therein to be excused, as being a straunger, and not well seene in the lawes and customes of a straunge countrey. But how could @@ -19928,7 +19927,7 @@ magistrat fully informed of the truth of the fact according to the tenour of his letters, ought to proceed to the further execution thereof being vniust, or to hearken unto the vniust commaunds of his - prince? The other, whether the magistrat hauing neither power to examine + prince? The other, whether the magistrat having neither power to examine theWhether the magistrat be bound to obey his princes vniust commaunds or not? equitie nor truth of a matter, may refuse the vniust commaunds of his prince: the doubt therein being the greater, if @@ -19978,9 +19977,9 @@ muchWhat commands of the prince, and how far the magistrat eught to execute the same. a prince may doe by the right of his soueraigntie, from whence many things may be deriued pertinent unto this - question here in hand: for why it is not well to be vnderstood what obedience + question here in hand: for why it is not well to be understood what obedience is by the magistrat due unto the soueraigne maiestie, except the rights of - Soueraigntie be before well vnderstood and fully knowne. But here the question + Soueraigntie be before well understood and fully knowne. But here the question is, what commaunds of the prince, and how farre the magistrat ought to execute the same? for sometime dishonest and vniust thinges are by princes commaunded, which the euill magistrats themselves do more willingly, and shamefully put in @@ -20021,17 +20020,17 @@ therefore unto the prince, which he is in dutie bound to do, not once, but euen twice or thrice: and then if the prince notwithstanding his remonstrances, will not by him be aduised, but refuse his wholsome and profitable admonition, and - will needes have the law to passe further; then the Magistrat (as hauing + will needes have the law to passe further; then the Magistrat (as having alreadie done his dutie) shall put it in execution: which he may also at the first commaund of his prince doe, if the delaying thereof be daungerous. And to that end and purpose tendeth that which is by Innocentius the fourth written, before he was Pope, That Magistrats ought to put in execution the princes commaunds, albeit that they be - vniust: which is to bee vnderstood of civill iustice and vtilitie: but not if + vniust: which is to bee understood of civill iustice and vtilitie: but not if such commaunds bee contrarie to the lawes of nature. Which interpretation may serue also for the right understanding of that which the lawyers say, That the prince may derogat euen from the law of nature. - VVherinHow it is to be vnderstood that a prince may + VVherinHow it is to be understood that a prince may derogate from the law of nature. their meaning is, from the law of nations, and common constitutions of other people: least any deceiued by the obscuritie of the words, or equiuocation of the law of nature, should thereby @@ -20043,14 +20042,14 @@ Anastasius expresly commaunded, That the judges and Magistrats should not so much as suffer men to produce the princes rescripts or letters graunted unto particular persons, contrarie to the generall edicts or lawes: Mine aunswere is, that that - is to be vnderstood, if in such the princes rescripts or letters no speciall + is to be understood, if in such the princes rescripts or letters no speciall clause be comprehended, derogating from the generall lawes: notwithstanding which derogation, yet the Magistrat ought neuerthelesse to aduertise the prince thereof, and to put him in mind of his dutie: who if he be not by the Magistrats reasons to be remoued from his former opinion, but command the same the second time, the Magistrat is then to obey his commaund, although the thing so commaunded be not agreeing with the common profit, and contrarie unto the - lawes. For why, the Magistrat hauing so done his dutie, is not to expect but + lawes. For why, the Magistrat having so done his dutie, is not to expect but the second commaund; as is by the law prouided. To the example whereof the edict of Charles the ninth was made, concerning the magistrats admonitions unto their prince. So @@ -20128,7 +20127,7 @@ the old magistrats receiued the oath of the new, before they entred into their charge: which was commonly done vpon the calends of Ianuarie, in the capitoll, after solemne sacrifices there made: for otherwise the magistrat lost his place - of estate, if hee tooke not his oath within fiue daies after. Yea sometimes the + of estate, if hee tooke not his oath within five daies after. Yea sometimes the Tribunes which held the estate of the people constrained them in particular which had withstood the publishing of a law, to sweare to obserue the same, after that it was once published, and that @@ -20173,7 +20172,7 @@ that the cancelling might appeare, commaunded the acts to be kept, which areHow the wordes de expresso or expresissimo mandato are in princes graunts, - edicts or decrees to be vnderstood, yet preserued vndefaced. Now + edicts or decrees to be understood, yet preserued vndefaced. Now these words, De expresso mandato, and De expressissimo mandato, whereunto these words are also sometimes annexed, Multis vicibus iterato (or oftentimes repeated) which are many times to be found in the records of soueraign courts ioyned unto @@ -20215,7 +20214,7 @@ approued by others, it would open a perilous gap to all the subiects, by their example to refuse and reiect the edicts and commaunds of their prince: and so euerie one in his charge might leaue the Commonweale unto danger, and expose it - unto the tempest, as a ship without a Rudder, and that vnder the shadow of an + unto the tempest, as a ship without a Rudder, and that under the shadow of an opinion of iustice▪ which may haply be but a deuise of a subtill braine, to no other purpose than to contradict the more common opinion. And therefore among the most lawdable laws made by Lewes the xij, there is one which importeth, That if the judges be of three or moe opinions, those which were the fewer in number should @@ -20269,7 +20268,7 @@ and directly against the law: after he had assembled all the rest of the courts vpon the matter, he constrayned them to change their opinions, and to iudge according to the law; And that iustly also: for who enforced thee to seeke for - thine office? or to accept of it being offered thee? and hauing taken it vpon + thine office? or to accept of it being offered thee? and having taken it vpon thee, (being happily got either by suspending of voices, or by sure, or briberie,) and being sworne, wilt thou now forsweare the lawes, which thou mightest before have red, or at least wise oughtest to have red? wilt thou by @@ -20363,9 +20362,9 @@ gouerned the furious yong prince, and repressed his rage) neuer ceased without any contradiction or controulment to kill, murther, and tyrannize, vntill such time as he had brought himselfe together with the Empire unto destruction. - Which I would not have to bee so vnderstood, as spoken of vs in any respect to + Which I would not have to bee so understood, as spoken of vs in any respect to impaire the worthie praises of so notable a man, (for that can in no wise be - done) but that magistrats may hereby vnderstand, how farre they are to beare + done) but that magistrats may hereby understand, how farre they are to beare with the saults of princes, which once done, cannot by them be amended. For had Papinian couered that he could not now amend, he had saued his owne life, and counterpeased the tyrannies and cruelties of the @@ -20381,7 +20380,7 @@ stoutly and wisely in refusing so to doe, and had had iust cause rather to die than to consent to that vnnaturall fact, for one brother to murther another. But Seneca and his companion Burra (the gouernors of Nero) shall be for euer - blamed, as hauing no excuse to pretend for their most wicked counsell, + blamed, as having no excuse to pretend for their most wicked counsell, persuading Nero to kill his mother, who by chaunce had escaped drowning: which most cruell counsell, commaund, or fact, shall together with the authors thereof be for euer crowned @@ -20404,18 +20403,18 @@ the manifest hurt of the state and Commonweale; the magistrat in this case is to proceed on with that he hath so begun, notwithstanding the latter countermaund, and that especially in matters of warre; as wee have before said. - And to thisGreat things by great men vndertaken, ought also + And to thisGreat things by great men undertaken, ought also to be by them performed, or else neuer taken in hand. purpose Marcellus the Consull saith, Multa magnis ducibus sicut non aggredienda, ita semel aggressis non dimittenda. As many things are not of great captaines to be at all - taken in hand: so being once by them vndertaken, are not by them to bee againe + taken in hand: so being once by them undertaken, are not by them to bee againe giuen ouer. And this in time of warre. But if at home the magistrat following the commandement to him giuen, hath begun to execute the condemned, or them that the prince hath commaunded to be put to death, he ought forthwith to surcease from any further execution, if the commaundement be reuoked: and not to do, as did the Consull Fuluius, - who hauing taken the citie of Capua, as he was + who having taken the citie of Capua, as he was punishing the authors of the rebellion, and had now caused the greater part of the Senators of that citie to bee beheaded, receiuing letters from the Senat of Rome, willing him to stay and cease the execution, put those letters in his @@ -20438,7 +20437,7 @@ the authoritie and charge knowing and wittingly shall dissemble the fact, or not forbid it when he might.

-

Now all that we have hitherto said, is to be vnderstood onely of such letters +

Now all that we have hitherto said, is to be understood onely of such letters or rescripts of commaund, as yet carrie with them no power for the magistrat to examine the fact or matter they concerne. But then what shall wee say, if such rescripts or commaunds report such things @@ -20480,7 +20479,7 @@ same law againe disanulled, after that they were by the French, driuen out of the estate of Milan. And if the faith and credite must needes bee giuen unto the narratiue clauses of princes rescripts - and letters of commaund, that is to bee vnderstood, onely of such clauses, as + and letters of commaund, that is to bee understood, onely of such clauses, as whereby the obscure places of their edicts, and lawes, commissions, mandates, or iudgements are expounded, which none can better declare, then they themselves that made them; howbeit, that such their declarations ought rather @@ -20511,7 +20510,7 @@ Senatus▪ the care (we have) of the honour of the Senate, causeth vs to examine such as are to be admitted into the Senate.

-

But if any man vnder a false pretensed colour shall encroach vppon the prince +

But if any man under a false pretensed colour shall encroach vppon the prince the profits and commodities unto him graunted, being in the princes rescript expressed, yet is he thereof by the magistrat to be embarred; and the rather, if the common treasure be with immoderat gifts exhausted: unto which disease @@ -20639,14 +20638,14 @@ neither the one nor the other ought by the magistrat to be admitted or receiued, although the souldiour were commonly called a lawier, and the lawier a souldiour, such pretended qualitie - hauing happely giuen occasion unto the prince to be so in his graunt deceiued. + having happely giuen occasion unto the prince to be so in his graunt deceiued. But when the prince shall expresly forbid the magistrat to examine the fact or matter, it is to be presumed, that he well knoweth that which he doth, and that he would not that the magistrat should farther enquire thereof. Yet may the magistrat well vse the remedie by vs before spoken of, and show the prince the truth, and the importance of his commaund, with the inconueniences and harmes ensuing thereof, and so in what he may to draw him from his former purpose: and - hauing so discharged his duetie, yet neuerthelesse then to yeeld his obedience, + having so discharged his duetie, yet neuerthelesse then to yeeld his obedience, if he shall be againe so commaunded: for otherwise the maiestie of a prince or Commonweal should be but a mockerie, as still subiect unto the controlement of the magistrates. Besides that, it is much more @@ -20759,7 +20758,7 @@ forthwith put not his commission in execution, according to his commaund. But the ship, together with them that brought the commission, was by force of tempest caried an other way, and newes brought into Iurie of the death of the - tyrant, before that the cruell commission could come thither. And so Petronius hauing discharged his conscience towards God, + tyrant, before that the cruell commission could come thither. And so Petronius having discharged his conscience towards God, his duetie towards his prince, and well showed his great loue toward the subiects, and discharged all the parts of a most wise Gouernour: was himselfe by the diuine prouidence wonderfully preserued from the cruelties unto him by @@ -20838,7 +20837,7 @@ constraine men, or to put their sentences or commaundements in execution; such as were in auntient time the bishops, and now our bishops also: such were also the auntient commissioners, delegats unto the - Magistrats, hauing power to heare the causes unto them committed; as also to + Magistrats, having power to heare the causes unto them committed; as also to condemne the parties, but yet had no power to constraine them, but sent their sentences unto the Magistrats, to be ratified or reuersed, and by them to be put in execution as they saw good: So might these delegates call men before @@ -20881,7 +20880,7 @@ them of mens goods onely, other some of mens goods and honour also, aud other some of mens goods and honour, with power to inflict corporall punishment also, butThe diuers power of Magistrats. not death: and - some hauing power to put to death also, and that some of them such power, as + some having power to put to death also, and that some of them such power, as from whome men may appeale; and some others, such as from whom men may not appeale. But the last and highest degree, is of such as have the absolute power of life and death; that is to say, power to @@ -20898,12 +20897,12 @@ untoTwo sorts of commmaunding by publique power: the one in soueraigntie, and the other by lawe the Magistrats, and them which have extraordinarie power to commaund, vntill it be againe reuoked, or the time - of their commission expired. The soueraigne prince next vnder God knoweth none - greater than himselfe; the Magistrat vnder God holdeth his power of his + of their commission expired. The soueraigne prince next under God knoweth none + greater than himselfe; the Magistrat under God holdeth his power of his soueraigne prince, and remaineth alwaies subiect unto him and his lawes: the particular man next after God (whome wee must alwayes put in the first place) acknowledgeth the soueraigne prince, his - lawes, and his Magistrats, euerie one of them in his place. Vnder the name of - Magistrats I vnderstand also them which have iurisdiction annexed unto their + lawes, and his Magistrats, euerie one of them in his place. under the name of + Magistrats I understand also them which have iurisdiction annexed unto their fees, considering that they hold them also as well of the soueraigne prince, as do the Magistrats, in such sort, as that it seemeth that there are none in the Commonweale but the soueraigne princes, which may properly vse these words, Impero & iubeo, I charge and commaund: which in @@ -20937,7 +20936,7 @@ neuerthelesse many snce have holden the opinion of Lothaire: so that the question remaineth yet (as we - said) vndecided, which for all that deserueth to be well vnderstood, for the + said) vndecided, which for all that deserueth to be well understood, for the consequence it draweth after it, for the better understanding of the force and nature of commaunding, and the rights of soueraign maiestie. But the difficultie thereof is growne, for that Lothaire and Azon neither of them @@ -20963,7 +20962,7 @@ as was ordained by those lawes, which they called Sacred. Which although that they were not alwaies so precisely kept, but that they were sometime broken; yet Cicero for transgressing the same escaped not, but - being Consull, and hauing caused certaine of the conspirators with Cateline to be executed, was therefore himselfe + being Consull, and having caused certaine of the conspirators with Cateline to be executed, was therefore himselfe afterwards banished, and his goods all confiscated. Long after the lawes Valeria, Sempronia, and Portia, which had now remoued the Consuls hatchets and rods from the heads and backs of the citisens of Rome: Cornelius Sylla the dictator published @@ -20975,7 +20974,7 @@ had their lesson by writing, beyond which they might not passe a iot. For they by lot drew a certaine number of particular judges out of them, which by the lawes might in such causes be iudiciarie judges, who before all the people - hauing heard the accusations and defenses both + having heard the accusations and defenses both of the one part and the other, had brought unto euerie one of them the judges, three little tables of diuers colours, vpon one of which was written an A. vppon another a C. and vpon the third N. L. the A. signifying acquited, C. @@ -21013,8 +21012,8 @@ executed vpon him. Not to speake in the meane time of the inscriptions of their libels, with the examination of witnesses and writings. This was the manner of the publike iudgements vsed by the auntient Romans: VVherby it is easily to be - vnderstood, that the Pretors or judges were but onely the simple executioners - of the law, without power to adde or diminish one iot thereof, hauing not onely + understood, that the Pretors or judges were but onely the simple executioners + of the law, without power to adde or diminish one iot thereof, having not onely no power of the sword, but not so much as to whip, or yet lightly to punish a citisen.

@@ -21056,7 +21055,7 @@ they which have the soueraigne maiestie have receiued unto themselves the power of the sword, and by speciall law giuen, but the execution thereof unto the Magistrats. And this is the opinion of Lothaire. By - which words yet Azon vnderstandeth the right and power + which words yet Azon understandeth the right and power of the sword it selfe to have bene translated and giuen unto the Magistrats. Now there is no doubt, but that the opinion of Lothaire was true, if hee had spoken but of the auntient Pretors of Rome, and so kept @@ -21065,7 +21064,7 @@ since or yet are in all Commonweals, who yet for the most part have the hearing of murders, robberies, riots, and other such like offences, and so the power of the sword giuen unto them euen by vertue of - their offices. For the emperours and law giuers hauing in the processe of time + their offices. For the emperours and law giuers having in the processe of time seene the inconuenience and iniustice that arise by condemning all murtherers, unto one and the selfeGreat in @@ -21110,7 +21109,7 @@ punishments as they would, yet so, as that they exceeded not measure: For so Vlpian the lawyer writeth, him to exceed measure, who for a small or light offence inflicteth capitall punishment; or for a cruell - murther imposethAl magistrats hauing Al magistrats having thoritie to iudge of capital crimes, to have the power of the sword. a fine. VVhereof wee may then conclude, that the great Prouost, and the gouernours of @@ -21206,7 +21205,7 @@ howbeit he marked not, that the Praetors, Dictators, Quaestors, and other Generals of their armies, had euen the selfe same power. In like manner the Constable of Fraunce by his letters of commission hath not the power of the - sword, or of life and death graunted unto him: but hauing the managing of the + sword, or of life and death graunted unto him: but having the managing of the warres, and conducting of the armyes, as in his absence the Mareshals of Fraunce have: the power of the sword is also left unto them, as without which militarie discipline cannot possibly be maintained: which martiall power the @@ -21256,7 +21255,7 @@ Lieutenants have nothing proper unto themselves, but that they vse the power and authoritie of them, which have commissionate and deputed them, sufficiently showeth, that the power is proper unto them which so commissionate and deputed - them, whether they be Soueraigne Princes, or Magistrats hauing power so to doe. + them, whether they be Soueraigne Princes, or Magistrats having power so to doe. And so in like case the law sayth, That the Gouernour of a countrey or prouince, hath within his gouernment all power and authoritie next unto his Prince: wherefore it is not then onely in the prince. But the difficultie of this question dependeth principally on this @@ -21289,7 +21288,7 @@ the forme of proceeding, or concerning the punishment; without power for the magistrats to adde or diminish any thing thereunto, or from: in this case they are but meere executors and ministers of the lawes and of the princes, from whom they have their - authoritie: yet not hauing any power in this point or respect in themselves, + authoritie: yet not having any power in this point or respect in themselves, whether it be concerning civill pollicie, or the administration of justice, or the mannaging of warre, or treaties to be had betwixt princes, or the charges of Embassadours: but in that which is left or committed to the magistrates @@ -21303,10 +21302,10 @@ the execution of the law, and the dutie of the magistrat, which the auntients called Legis actionem, and Iudicis officium: or as we say, the action or execution of the law, and duetie of the judge; which is to - commaund, to decree, or to put in execution. And as the word Iudicium, or judgement, is properly vnderstood of that which is + commaund, to decree, or to put in execution. And as the word Iudicium, or judgement, is properly understood of that which is ordained by the magistrat following the strict tearmes and tenour of theThe difference betwixt a iudgment & a decree, and so likewise of magistrats, which have power and authoritie in themselves, and - others which have not. law: so the word Decretum, is likewise properly vnderstood of that which the magistrat + others which have not. law: so the word Decretum, is likewise properly understood of that which the magistrat ordaineth or decreeth, following equitie without the prescript law; the law it selfe being still referred to the strict execution thereof, and equitie unto the duetie of the magistrat. And for this cause all the decrees of the Prince @@ -21319,12 +21318,12 @@ unto the execution thereof, the like there is of equitie unto the office of the judge. And so likewise of magistrats, who in case wherein they are not subiect to the law, resemble arbitrators: but being strictly and wholly bound unto the - law, are but as judges appointed to vnderstand of the fact onely, without any + law, are but as judges appointed to understand of the fact onely, without any power of themselves to determine of the merit or iustice of the cause, otherwise than the verie strictnesse of the law appointeth. Now of these the one is is seruile, the other is noble; the one is bound unto the law, the other is not so; the - one vnderstandeth but of the fact, the other of the right; the one is proper + one understandeth but of the fact, the other of the right; the one is proper unto the magistrat, the other is reserued unto the law; the one is precisely written in the law, the other is without the lawes: the one is in the magistrats power, and the other quite without the same. And the better to note @@ -21339,7 +21338,7 @@ of Lothaire and Azon is decided, but many others also concerning the charge and duetie of magistrats, wherewith diuers have sore entangled themselves, some mistaking the practise, and some - the theorique, but most part, for not hauing vnderstood the Roman estate, + the theorique, but most part, for not having understood the Roman estate, albeit that they were well exercised and seene in all the parts of their lawes, and yet neuerthelesse in the state of magistrats, concerning their power and authoritie they found themselves greatly troubled. For Moulin himselfe (the honour of lawyers) not vsing the distinctions by @@ -21371,8 +21370,8 @@ office of the Proconsuls Lieutenant, whome they called Legatum, from the office of the Proconsull himselfe: and so of the deputie tearmed a particular Commissioner, whome they called Iudicem datum, from the Commissioner himselfe, and of him unto whome power was giuen by the magistrat to commaund, whome they called Eum cui mandata inrisdictio est, the doctors have - confounded all together vnder the name of Delegats, which were a thing too - long, and too superfluous to refute, hauing proposed unto ourselues no other + confounded all together under the name of Delegats, which were a thing too + long, and too superfluous to refute, having proposed unto ourselues no other end, but to entreat of that which concerneth the estate and duetie of magistrats in generall.

@@ -21402,12 +21401,12 @@ the magistrat? in fact, and not in the law: by which words Paulus (the great lawyer) seemeth euen by the root to have cut vp all the opinions of all the interpretors of the law, being not only in number almost infinit, but also altogether inexplicable, thereby giuing men - to vnderstand, that that which concerneth euerie mans right, ought not only in + to understand, that that which concerneth euerie mans right, ought not only in priuat, but euen in publike iudgements also to be left unto the fidelitie, integritie, conscience, and wisedome of the magistrat. VVhich with vs is by a royall constitution prouided for, and by the vse of iudiciall proceedings, in respect of the infinit varietie of causes, places, times, and persons: which - for that they are infinit, can in no lawes, writings, or tables, be comprised, and much lesse vnder any certaine rule + for that they are infinit, can in no lawes, writings, or tables, be comprised, and much lesse under any certaine rule be comprehended.

Now I have before said, that there was a new officer erected in Rome, who was @@ -21417,7 +21416,7 @@ iurisdiction, so farre as hee saw good in priuat iudgements: and euerie yeare the new chosen Pretor in the Tribunall seat appointed for the making of orations, after he had thanked the people for the honour he had of them - receiued, gaue them there to vnderstand of his edicts, and in what sort his + receiued, gaue them there to understand of his edicts, and in what sort his purpose was to administer the law. VVhich his edicts he caused afterwards to bee painted, and set vp in some publike place: which for al that were not lawes, neither had the force of lawes, but @@ -21433,7 +21432,7 @@ comprehendest more in an edict, than in a law. For the magistrat how great soeuer he be, cannot of himselfe derogat from the law, and much lesse abrogat the same: for these things we have shewed properly to belong unto - soueraigntie. Neither must we vnderstand, + soueraigntie. Neither must we understand, that the * lawyer when he saith, That the Pretor mightPapinian. correct, amend, or supply the laws, that he had therefore power to derogat from them, or to disanull them, which is the highest point of soueraigntie: but that hee might by the authoritie of his office expound the @@ -21575,15 +21574,15 @@ daungerously affirme: by whose positions (if they will be like themselves) the estates of all cities and Empires must needs be troubled and confounded. For if it were lawfull for the subiects by force to defend themselves against the magistrats, they might vpon the same reasons and - grounds resist their soueraigne Princes also, and tread the lawes vnderfoot. + grounds resist their soueraigne Princes also, and tread the lawes underfoot. Wherefore we see the lawmakers and lawyers to have respected nothing more, than to keepe all force, and violence, not from the magistrats onely, but euen from - priuat men themselves, hauing violence in so great detestation, as that they + priuat men themselves, having violence in so great detestation, as that they have restored euen theeves andViolence in Cōmonweales, to be alwaies detested. robbers into places, vniustly by them possessed, if they were from thence by force cast out, and excluded the true owners thereof from their rights for proceeding by way of force. And albeit that some - particular men hauing territoriall iurisdiction, may (in the opinion of many) + particular men having territoriall iurisdiction, may (in the opinion of many) in a sort in their owne right of themselves lay violent hand, vpon the land holding of them: when as the vassall neglecteth his duetie unto his Lord, yet the truer opinion is that he cannot in his owne cause so doe, for that it is a thing iniurious and vnreasonable, that @@ -21591,7 +21590,7 @@ the law which forbiddeth priuat men to doe that, which ought to be done by the magistrat, hath this reason ioyned with it, lest occasion should be giuen of greater sturre and tumult. The law also of the xij Tables, which saith: Vis in populo abesto, Let violence be from among the - people, is not to be vnderstood onely of violence to be done by force of armes, + people, is not to be understood onely of violence to be done by force of armes, whether it be publiquely or priuately done: but also when men would have things otherwise done then by the ordinarie way of justice: as when things are done by priuat mens authoritie, which should have @@ -21624,7 +21623,7 @@ than are they which bearePriuat iniurie soo nest by sufferance buried. the persons of magistrates. And albeit that the law saith, That the action of iniurie is easely to be forgiuen, and that it is - soonest by sufferance buried; that is to be vnderstood of particular men, & + soonest by sufferance buried; that is to be understood of particular men, & not of publique persons, and especially of Magistrats unto whomThat the person of the magistrat ought to be alwaies sacred and inuiolat. whosoeuer shall offer @@ -21641,12 +21640,12 @@ Cereris, liberi, liber aequè vaenum ito, He that shall hurt the Tribunes of the people, the Aedils, or Iudges, let his head be sacrificed to Iupiter, and his familie and children, male and female, sold at the Temple of - Ceres. Wherein some are of opinion that the word Iudicibus (or judges) is meant or to be vnderstood of the consuls, who + Ceres. Wherein some are of opinion that the word Iudicibus (or judges) is meant or to be understood of the consuls, who were afterwards the onely judges amongst all the magistrats: whereof they have some probabilitie, for they were first called Pretors, and after that Iudges; and after that their iurisdiction for the citie was giuen to one speciall Pretor, they were called Consuls. Howbeit - neuerthelesse it seemeth that the law Horatia hauing put the judges after the + neuerthelesse it seemeth that the law Horatia having put the judges after the Tribunes, and the Aediles whome they called Aedituos (for why, the great and honourable Aediles, whome they called Curules, were not yet erected) was meant to comprehend all judges; considering withall, that the law it selfe was not published at the request or @@ -21707,7 +21706,7 @@ presence. And Vectius a citisen of Rome, for not rising unto the Tribune of the people, but passing by him, was by the people slaine. Yea the law it selfe calleth it sacrilege, not to reuerence the magistrat. VVe - vnderstand also not the same, but yet great reuerence to have beene giuen unto + understand also not the same, but yet great reuerence to have beene giuen unto the magistrats euen amongst the Greekes also, in that it was not lawfull for a man to laugh in the councell of the Areopagits. VVe read also, that Fabius Maximus his sonne seeing his father a farre off comming towards him, and that the Lictors or @@ -21742,13 +21741,13 @@ his part also ought to giue a good opinion of himselfe, for his iustice, wisedome, and sufficiencie, that so the subiects may have occasion to honour and reuerence him: and not by his vnworthinesse to suffer the honour of the - Commonweale to be troden vnderfoot or despised: for the fault which in a priuat + Commonweale to be troden underfoot or despised: for the fault which in a priuat man is but light, is in the person of the magistrat doubled. And therefore Solo in his lawes gaue leaue to kill the drunken magistrat, without any daunger of punishment therefore. Truely an - vnreasonable law, for that it was thereby to be feared, least vnder the pretence of drunkennesse the magistrats life + vnreasonable law, for that it was thereby to be feared, least under the pretence of drunkennesse the magistrats life should be oftentimes endaungered. VVhereby yet we may gather, how much vice was then detested, as also with what integritie, seueritie, and wisdome, magistrats ought to excell other men. And yet ought we not to imitat them, who by the @@ -21756,14 +21755,14 @@ lenitie, desire to be accounted gentle, both the one and the other being therefore worthily reproued by the law. VVherein many have mistakenLenitie of rig neither of them - commendable in a magistrat. themselves, who hauing extraordinarie + commendable in a magistrat. themselves, who having extraordinarie power to punish without law, have thought equitie to consist in lenitie and mercie, repugnant to the rigour of the lawes: howbeit that equitie is of such a nature, as that it in nothing communicateth either with rigour, or with mercie; but declining from both the extreames, crueltie (I say) and mercie, keepeth clemencie, the preseruer of them both: not vnlike the Lesbian rule, which being of lead, yeelded as well unto the one side as to the other. Now if the offence be greater than the punishment appointed in - the ordinarie lawes, the magistrat hauing extraordinarie iurisdiction and power + the ordinarie lawes, the magistrat having extraordinarie iurisdiction and power may as an vpright iudge augment the punishment. So if the fault be lesse, he may with like equitie mitigat the punishment by the rigour of the law appointed. And truely the magistrat in seeking to be accountedLenitie more hurtful in a magistrat than seueritie. @@ -21805,7 +21804,7 @@ generall of the Prenestines was come unto him with his promised aid after the battaile fought & the victorie obtained▪ Paperius with sterne countenance, and such speech as caused all - there present to tremble thereat, hauing first + there present to tremble thereat, having first reproued him, forth with commaunded one of the Lictors to vnbind his bundle of rods, and to make readie his axe: the fearefull captaine in the meane time expecting nothing but present death, when sodenly Paptrius commaunded the same Lictor standing readie with the axe in @@ -21891,14 +21890,14 @@ persons as magistrats, wanting himselfe but one step or degree to mount unto the soueraigntie, and that especially if his soueraigne magistrate which hath such power bee alone, and without a companion, - hauing all in his owne hand: as had sometime the Grand Prouost of the Empire, + having all in his owne hand: as had sometime the Grand Prouost of the Empire, whom they called Praefectum Praetorio, who had commaund ouer all the Magistrates throughout the whole Empire, and might receiue the appeales from all the other magistrates and gouernours; but might not be appealed from himselfe, no not although the appeal were made euen unto the Emperour himselfe, albeit that the first which were promoted to this dignitie - and honour, were but captaines of the praetorian legions: as Seius Strabo the first that was preferred unto this office vnder Augustus: and - after that Seianus vnder Tiberius. Which honour the other succeeding Emperours thought good to + and honour, were but captaines of the praetorian legions: as Seius Strabo the first that was preferred unto this office under Augustus: and + after that Seianus under Tiberius. Which honour the other succeeding Emperours thought good to bestow vpon such as of whose integritie, fidelitie, and deuotion towards them they had had good experience and proofe: such as they would in some sort to be their imperiall Lieutenants, vpon whom they for the most part discharged the @@ -21908,14 +21907,14 @@ prouinces; which great charge for that no man could well execute, except he were skilfull in the Lawes, the Emperours in steed of captaines of their legions, preferred lawyers to that honour. So did Otho - the emperour promote Martian: Seuerus, Papinian: and Alexander, Vlpian. And at length vnder the Greek + the emperour promote Martian: Seuerus, Papinian: and Alexander, Vlpian. And at length under the Greek emperours, two great Prouosts of the empire were by the Emperours created, and at last three also, that the greatnes of - their power so diuided might be lessened; and yet the honour thereof imparted + their power so divided might be lessened; and yet the honour thereof imparted to moe. Such soueraigne Magistrats were with our auncestours: the Master of the Pallace: and he whom they called the Prince of Fraunce: and of late Henry duke of Aniou, king Charles his great Lieutenant: and the chiefe Bassa in the Turkes - empire: and the great Edegnare or Diadare in Aegypt vnder the principalitie of the Mamaluke Sultans. Yet + empire: and the great Edegnare or Diadare in Aegypt under the principalitie of the Mamaluke Sultans. Yet in this they differ, that in the Turkish empire the Great Sultans children in the absence of their father commaund aboue all the Bassaes, and had the preheminence and precedence before them: and in Aegypt the great Edegnare commaunded ouer all @@ -21949,7 +21948,7 @@ so the king commaundeth, or saieth. But to the contrarie, if the prince be absent, the Chauncelour or President keeping the kings place aboue the other princes, pronounceth sentence or iudgement according to the opinion and mind of - the Senat or Court wherein he sitteth, hauing ordinarie iurisdiction and power, + the Senat or Court wherein he sitteth, having ordinarie iurisdiction and power, and not in the name of the king. And for asmuch as William Poyet Chauncelour of Fraunce, and President of the great Counsell, in the absence of the king, oftentimes in iudgement vsed this forme of speech, The king saith so and so unto you; he was therefore @@ -22016,7 +22015,7 @@ magistratus abdiaht, Whereby it might seeme that the Dictator being created, the magistrats were out of office: which is - not to be vnderstood of their offices, but of their power, as we have before + not to be understood of their offices, but of their power, as we have before said, which was so for a while suspended. For otherwise the Dictator yeelding vp his office, the magistrats must have sought for new power and authoritie from the people, their former power being before together with their officeWhy the power of the - princes and others hauing territorial iurisdiction, have afterwards imitated + princes and others having territorial iurisdiction, have afterwards imitated and followed. So Augustus the emperour writ unto the lieutenants of his prouinces, That they should not suffer his name to be debased with being too common in their commissions, as Tranquillus reporteth. Yet is it by a certaine speciall custome by our @@ -22089,13 +22088,13 @@ remember how that it seemed a thing right strange unto the court, and especially unto the chauncellours of the houshold, that the Commissioners deputed by the prince, for the triall of the president - Allemand (who familiarly vsed my councell) hauing by + Allemand (who familiarly vsed my councell) having by their sentence condemned him, forbad him also to come within ten leagues of the court. Which thing the councell understanding, decreed, That it was lawfull for no man but the prince only to make any such prohibition. And haply was the chiefe cause that the president (of whose councell I was) obtained of the king, to have the iudgement reuersed. For it were not onely an hard and inhumane - thing, to keepe the subiects from hauing accesse unto the prince, to deliver + thing, to keepe the subiects from having accesse unto the prince, to deliver unto him their petitions (as well agreeing with the lawes both of God and nature) but it should also be a thing much preiudiciall unto the maiestie of a soueraigne prince, as I have before said. And @@ -22180,7 +22179,7 @@

But yet question may be, whether a companion or fellow in office, or one of lesserWhether a companion or fellow in office may stay the proceedings of his equall or superiour in authoritie. power, or - he which is no fellow in office at all, yet hauing power in his owne + he which is no fellow in office at all, yet having power in his owne iurisdiction, may therein stay the acts or proceedings of his equall or superiour in authoritie? For oftentimes great cōtroversies have fallen amongst magistrats about such prerogatiues. And the difference is right great betwixt @@ -22213,7 +22212,7 @@ manumize, and a Pretor before another Pretor cannot manumize. Neither doth that saying of Vlpian contradict or impugne the same: Consulem apud Consulem manumittere posse, which is, That one of the Consuls may manumize before the other Consul: seeing that that is to - be vnderstood that he might not doe it vpon the same day that hee which did + be understood that he might not doe it vpon the same day that hee which did manumize or enfranchise had the bundels of rods and power to commaund; for that they both neuer had power vpon the same day, as saith Festus Pompeius, as is in many places to be @@ -22287,7 +22286,7 @@ to interpret them in speaking unto the people, and that vppon paine of death by the law Icilia, if he that had so interpreted the Tribune in his oration or speech, paied not the fine or amercement imposed vpon him by the Tribune. As - the Tribune Drusus well caused Philip the Consull to vnderstand, whome he made to be cast in prison + the Tribune Drusus well caused Philip the Consull to understand, whome he made to be cast in prison for interrupting him in his speech unto the people.

@@ -22302,7 +22301,7 @@ one Tribune alone, were of force, except some of his fellowes and companions openly opposed himselfe against the same. As is in Liuie to be seene, where he saith, The farmers of the publike demaine to have beene - discharged by a decree published vnder the name but + discharged by a decree published under the name but of one of the Tribunes only. And that the power of the greater part of the Tribunes might bee withstood by the fewer opposing themselves against them, it is manifest by that, that at such time as @@ -22411,7 +22410,7 @@ proceedings: and in case that the magistrats would yet needs proceed contrarie to their oppositions, the Tribunes would then vse plaine force against them; so that ostentimes murthers were thereabouts committed. For so Asellius the Pretor, or Prouost of the citie, for favouring the debtors against their creditors, was as he was - doing sacrifice slain by atumultuous company of the creditors, hauing for their + doing sacrifice slain by atumultuous company of the creditors, having for their leader one of the Tribunes of the people. In like sort Appius Saturninus Tribune of the people, slew Munius the Consul,Appeals to be still made from the lesser @@ -22434,7 +22433,7 @@ lesser magistrat, shall receiue one appealing from the equall or greater magistrat, an action of iniurie may be commenced against such a magistrat, as also against him who hath so appealed unto the lesser magistrat, or fellow in - office with him from whom he hath appealed. For so Caesar as then but Pretor, beeing accused before one of the Questors, as hauing an hand in the conspiracie of Cateline, caused both the accuser and the Questor being + office with him from whom he hath appealed. For so Caesar as then but Pretor, beeing accused before one of the Questors, as having an hand in the conspiracie of Cateline, caused both the accuser and the Questor being both grieuously fined to bee cast in prison, and especially the Questor, for that he had suffered a greater magistrat than himselfe to be accused before him, as saith Suetonius. So the court of Paris by a @@ -22468,7 +22467,7 @@ without all doubt before the edict of king Charles the seuenth that the lieutenants should bee placed and displaced by the Seneschals: but the doubt arose after that they were by him erected in title of office, as - hauing then their power from the king, and not from the Seneschals. But we must + having then their power from the king, and not from the Seneschals. But we must not thereupon presume, that the purpose and intent of the king therein, was to take away the power from the Seneschals or Bailifes (which could not be done but by an expresse edict for @@ -22522,7 +22521,7 @@ adiudged for the bishops of Troy, and Neuers: Whereby it was said, that they were not bound to obey, but onely unto the archbishops in person themselves. But that which I have said of the power of - the superiour magistrats ouer the inferiour, is to bee vnderstood in their owne + the superiour magistrats ouer the inferiour, is to bee understood in their owne territorie, seat, and iurisdiction▪ out of which they are but as other priuat and particular men, without power or commaund.

@@ -22557,7 +22556,7 @@ amongst all the parliaments of Fraunce (beeing almost all of like power) the parliament of Paris hath the prerogatiue of honour aboue the rest, as more auntient; and by a certaine singular right is yet called the Court of the - peeres of Fraunce, as hauing the triall and iudgement of the peeres, which none + peeres of Fraunce, as having the triall and iudgement of the peeres, which none of the rest of the courts of parliament have. And albeit that in the time of Charles the viij, the great Councell mannaged the affaires of state, yet so it is, that the king by expresse edict ordained and appointed, That in all edicts and mandats, @@ -22577,7 +22576,7 @@ kings right hand: yet besides that, at the consecration and coronation of the king, and other ceremonies wherein place of precedence is, the Constable goeth before the Chauncellour, and next unto the Chauncellour followeth the Grand - Maister of Fraunce. Which I would have vnderstood to be of me so spoken, not as + Maister of Fraunce. Which I would have understood to be of me so spoken, not as if my purpose were to determine any thing of honours, but as an example by the way whereby to perceiue how much honour differeth from authoritie or power. @@ -22593,13 +22592,13 @@ iurisdiction is of it selfe by nature indiuisible: and lords of one and the same iurisdiction have one of them as much power as the other; and euerie one of them hath entire power for all: which is not so amongst princes or - magistrats which have their charges or territories diuided, and which have not + magistrats which have their charges or territories divided, and which have not any thing to commaund one of them the other; and much lesse when many magistrats in one bodie or colledge have one and the same charge together; where no one of them hath of himselfe any power or commaund, except it be by commission from the whole colledge giuen him. Yet many there be which hold, that one of these lords may be restrained - and corrected by the other lords his compeers and coequals, as hauing by his + and corrected by the other lords his compeers and coequals, as having by his fault lost his iurisdiction and right, as it hath bene iudged in the court at Rome. Which iudgement may well be borne with, howbeit that the reason thereof is not good; for to say that hee offending hath thereby forthwith lost his @@ -22632,7 +22631,7 @@ or predominant lord. And in this, seruice differeth from iurisdiction; for that seruice suffereth it selfe to be at once & together enioyed of euerie one that hath right thereunto: but iurisdiction not so, as many have thought, - hauing excepted dutchies, marquisats, and counties; which by the auntient lawes + having excepted dutchies, marquisats, and counties; which by the auntient lawes of fees are of an indiuisible nature. But it is neither for vs needfull, neither doth this place require vs by reasons to refute the opinion of them which affirme iurisdictions so to cleaue unto @@ -22675,7 +22674,7 @@ a sentence (or iudgement) giuen at Rome, if they be thereunto commaunded: yet much more seemely it were by the good leaue of the magistrat to obtaine the same, than by force to extort it against his will. As in like cause the - Emperour said unto him which complayned of his companion, without hauing before + Emperour said unto him which complayned of his companion, without having before spoken unto him, Alloquere illum, ne rem iniustam faciat, Speake unto him, that he do thee not wrong: forasmuch as the princes commaund, or constraint of the superiours in such case, giueth @@ -22727,12 +22726,12 @@ they be of the higher sort of magistrats which are at controversie among themselves about their iurisdiction and power, they are by the princes authoritie to be enforced: for so these wordes of Vlpian - the Lawier are to be vnderstood, Si hoc iussi fuerint, + the Lawier are to be understood, Si hoc iussi fuerint, If they shall be so commaunded: viz. by the prince, (but not by the magistrats) at such time as the Presidents or gouernours of countries, every one of them in his own prouince had the chiefest power and authoritie next unto the Prince, by whom onely they - were to be commaunded. And whereas in the Edicts or lawes any thing is commaunded to be done, it is thus to be vnderstood, + were to be commaunded. And whereas in the Edicts or lawes any thing is commaunded to be done, it is thus to be understood, that every Magistrat in his owne prouince is to be obeyed, for that the magistrat hath no power to commaund out of his owne territorie or iurisdiction. In auntient time the kings Pursuiuants or officers, if they were to put in @@ -22763,7 +22762,7 @@ or Greeks called them for or Fatales. The - Lawiers have oftentimes diuided Dies sessionum, a diebus + Lawiers have oftentimes divided Dies sessionum, a diebus continuis, Daies The errour of the word Fatales. @@ -22852,7 +22851,7 @@ or giuen ouer, that the sentence may be put in execution; for that the benefit of the appeale let fall, is obtained by the law, & not by vertue of the magistrats sentence. Neither is the honour or reputation of the superiour - magistrats impaired by the inferiours, not hauing from them expresse + magistrats impaired by the inferiours, not having from them expresse prohibition: in reuerence & respect of whom, the inferiour magistrats ought to stay the execution, if the stay thereof bee not perilous unto the Commonweale. In which case they may proceed, although it were in question of @@ -22864,7 +22863,7 @@ a citisen.

Now all that which we have hitherto said concerning magistrats, and of the - obedience that one of them oweth unto another, is to be vnderstood of + obedience that one of them oweth unto another, is to be understood of magistrats that be of the selfe same Commonweale. But what shal we then say of magistrats of diuers Commonweales? As if a man by the magistrats condemned in this kingdome shall flie into Greece, whether shall the Grand Signior of the @@ -22873,7 +22872,7 @@ further enquirie of the equitie of the cause? The like question whereunto I remember to have hapned in the parliament of Paris, concerning a French marchant condemned by default and contumacie at Venice, at the suit of a Venetian marchant; who came into Fraunce - to demaund execution of the iudgement giuen in Venice, hauing before obtained + to demaund execution of the iudgement giuen in Venice, having before obtained letters of request frō the seigneurie to that purpose, as the vsuall manner & custome of soueraigne princes & lords in such cases is: For a mutual respect and care which all princes have unto iustice, wherof they hold their @@ -22993,7 +22992,7 @@ know himA guilties and innocent fugitiue tiue, is not to be restored unto his angrie prince demanding of him. whom he hath so receiued, to be an innocent and guiltles man, and to be vniustly pursued and - sought after, as hauing but escaped the crueltie of a tyrant, it is not onely a + sought after, as having but escaped the crueltie of a tyrant, it is not onely a shamefull and iniurious thing to betray the poore innocent and straunge man unto the cruell tyrant: but he should rather for the miserable mans defence, and safegard of his life take vp armes, seeing that by the law of God, we ought @@ -23031,7 +23030,7 @@ which we have borowed from the Arabians. So we see the charges and offices to be as it were like, although their names be diuers, as the Great Master of Ethiopia is called Bethudere, which is an Hebrew word, signifying Master of the - houshold. But forasmuch as Magistrats in every Commonweale are diuided into + houshold. But forasmuch as Magistrats in every Commonweale are divided into Corporations and Colledges, and that there are more Corporations and Colledges of priuat men than of Magistrats, let vs also say somewhat of such Corporations and Colledges.

@@ -23067,7 +23066,7 @@ communitie gouerned by a soueraigne power, and may be so strait, as that it may have neither corporation nor colledges, but onely many families in it. And so the word Communitie is common unto a familie, a colledge, and a commonweale. - And properly a Corporation is vnderstood to + And properly a Corporation is understood to consist of diuers families, or colledges, or of many families and colledges together. But the beginnings of all civill societies are deriued from a familie, which isA Familie the beginning of all civill @@ -23084,7 +23083,7 @@ stand without corporations or colleges; but not without a familie: besides that, Commonweales may be dissolued, for that they are deriued from the Lawes and institutions of men: whereas families cannot altogether perish, but that - all mankind must before perish also. Whereby it is to be vnderstood, From the + all mankind must before perish also. Whereby it is to be understood, From the roote of one familie, by the euerliuing God himselfe planted, at the first to have sprung vp as it were certeine plants, who by necessitie constrained, built for themselves houses and dwelling places, so to be the safer from the iniurie @@ -23092,7 +23091,7 @@ villages, which in processe of time became Boroughes and Townes. But being growne to such a multitude, as that they could not longer be contained within the compasse and precinct of the same countrie, they were driuen to depart thence also, and to seeke out - new dwelling places. So that now thus diuided in places, in regions, and + new dwelling places. So that now thus divided in places, in regions, and kinred, being bound unto no law or commaund, as every one of them exceeded the other in strength and power, so he forced himself to thrust them that were neere unto him, and weaker than himselfe, out of their houses and dwellingThe beginning of strong townes and cities. places; or to @@ -23217,7 +23216,7 @@ themselves, it might be for them the more easie to rule the whole CommonwealeFraternities, communities, and colleges, why they were first instituted and ordained▪ together. So we see that Numa Pompilius, king and lawgiuer unto the Romans (after - he had abolished the name of the Sabines, which some thing diuided the Roman + he had abolished the name of the Sabines, which some thing divided the Roman state) established certaine fraternities, and colledges, or companies of men, of all maner of occupations; appointing unto euerie fraternitie certaine patrons, priests, and solemne sacrifices, @@ -23243,7 +23242,7 @@ instant="false"/>l humane and ciuil societies and more requisite for the keeping and maintaining thereof than iustice is selfe. friendship they had among themselves, eating and - drinking together for the most part: and hauing no judges but themselves, if + drinking together for the most part: and having no judges but themselves, if any difference or strife chaunced to fall out amongst them, being such companions and fellowes; as knowing that amitie and friendship was the onely foundation of all humane and civill societie, and much more requisit for the @@ -23263,7 +23262,7 @@ young and old, men and women; for to maintaine the loue and amitie which we have before spoke of amongst them: Howbeit that afterwards to auoid confusion, the ages and sexes were into certaine - orders diuided. So we see in the law of God, the feasts of Passeouer, to have + orders divided. So we see in the law of God, the feasts of Passeouer, to have bene commaunded to be holden by companies of ten and ten persons together: beside the feasts of Tabernacles, and the ordinarie banquets of sacrifice, which God commaunded to be solemnised with all ioy and gladnesse: and that for @@ -23304,7 +23303,7 @@ priuilege is to euerie one of them giuen; then how they are to be gouerned, and kept within the bounds of their dutie; and last of all, whether aThe diuisiion of colleges and companions. Commonweale can be without colledges or companies, and what colledges are most necessarie - and best fitting a Commonweale. Which the better to vnderstand, we may say, + and best fitting a Commonweale. Which the better to understand, we may say, that all colledges and companies are ordained either for religion, or for policie, and so concerne but worldly things. If they be instituted but for policie, either they have iurisdiction, or are without all iurisdiction. @@ -23339,7 +23338,7 @@ particular, and yet forbidden them in generall.What a corporation or college is. And euerie one of them may have diuers rules, statutes, and particular priuileges. So that we may say, that euerie - corporation or colledge, is a lawfull communitie or consociation vnder a + corporation or colledge, is a lawfull communitie or consociation under a soueraigne power. Where the word Lawfull importeth the authoritieNo corporation or college to be suffered without the leaue of the soueraige. of the soueraigne, without whose permission there can be no colledge: and is referred not onely unto the power of meeting together: @@ -23353,15 +23352,15 @@ common, and the priuileges giuen unto the colledge common unto all the fellowes thereof: albeit that they have neither common treasure, neither ordinarily live or conuerse together. So that they have not well defined a colledge, which have - said it to bee a fellowship of three persons dwelling together, hauing their + said it to bee a fellowship of three persons dwelling together, having their goods and substances in common. Wherein they are two wayes deceiued, for it may be, that three persons or moe may have their goods in common, and live together, and yet be all no colledge, but a societie of themselves, contracted for the getting of goods, and liuing together: as also to the contrarie, - fellowes of the same colledge may dwell separat in houses, not hauing their + fellowes of the same colledge may dwell separat in houses, not having their goods in common, nor any common treasure; neither yet commonly liuing together: and yet enioy indeed the right of a colledge - or companie, as hauing by law and the princes graunt, power to assemble + or companie, as having by law and the princes graunt, power to assemble themselves and meet together at certaine places, and times: and to intreat of certaine their affaires, such as are the fraternities or companies of artificers and trades men, whome the law calleth Collegia, or colledges. Yet some colledges there be, which have almost @@ -23379,23 +23378,23 @@ What number of fellowes ought to be in a college or societie. their Pretors, Tribunes, and Questors. And as for the fellowes themselves, my meaning is, that they should be equall of power, in - respect of their communitie or fellowship, hauing euerie one of them a + respect of their communitie or fellowship, having euerie one of them a deliberatiue voice in their affayres: howbeit that it may be, that the colledge, or prince, may make choyce of one of the fellowes to commaund, reforme, and chastice euerie one of the fellows in particular, but not all of - them in generall: such as are our bishops and abbats, hauing power to chastice + them in generall: such as are our bishops and abbats, having power to chastice their religious and chanons But if this head or chiefe have power ouer the whole body of the societie or colledge in grosse, it is not then rightly a colledge, but rather a forme of familie, such as are colledges or schooles ordained for the bringing vp of youth: wherein there bee no bursors or fellowes, which have therein any deliberatiue voice: For if it have in it - any such bursors or fellowes, hauing the + any such bursors or fellowes, having the right of the societie or colledge, and deliberatiue voice in their assemblies, - it is then a colledge, albeit that the rest of the yonger sort be vnder the + it is then a colledge, albeit that the rest of the yonger sort be under the power and correction of the principall.

And hereof ariseth a question, Whether a bishop in the companie of his priests, - or an abbat amongst his religious, be to be accounted fellowes, hauing the + or an abbat amongst his religious, be to be accounted fellowes, having the verie title andWhether the head or principal of a college be to be also accounted a fellowe thereof right of a fellow, and himselfe making a part of the colledge, without the qualitie or title of a @@ -23405,10 +23404,10 @@ particular, hath a double qualitie; one in respect of euerie one of the fellowes, and another in respect of the whole colledge or societie: where in regard of the fellowes he is called Principall, - Bishop, Abbat, Prior, President, or such like, hauing power and authoritie to + Bishop, Abbat, Prior, President, or such like, having power and authoritie to command euerie one of them in particular: howbeit that in the bodie of the colledge or corporation, he is no more than a fellow, although he have the - place of precedence: and that is it for which they put their titles diuided, + place of precedence: and that is it for which they put their titles divided, as, the Bishop, Chanons, and Chpite; the Abbat, Religious, & Couent; the Principall, Bursors, & Colledge. Wherein one @@ -23433,7 +23432,7 @@

And whereas we have said, that a colledge or societie may be without any commonAntoninus first that gaue leaue for legacies to be - giuen to colleges stocke or treasure: that it also to be vnderstood, + giuen to colleges stocke or treasure: that it also to be understood, that a colledge or societie may bee ordained with such prouiso, that nothing shall be left unto it by gift or legacie. Antoninus the emperour was the first which gaue leaue for legacies & donations to be @@ -23465,7 +23464,7 @@ gaue sentence for the heire, and excluded the Senat, although it were the most auntient, and most necessarie corporation of all the Roman Commonweale.

-

And thus hauing set downe and declared the beginning and definition of +

And thus having set downe and declared the beginning and definition of colledges, and communities: let vs now also speake of their power in generall; which is not determined by their particular foundations, statutes, and priuileges, which are diuers andThe colleges of iudges and @@ -23504,7 +23503,7 @@ is better and more expedient both for the colledge and the Commonweale, that the fellows should be iudged by their fellowes, rather than by other iudges: For that euerie colledge I know not how hath in it some particularitie which - cannot so well bee vnderstood or iudged, as by the fellowes of the same + cannot so well bee understood or iudged, as by the fellowes of the same corporation themselves. Ioyning hereunto also, that by this meane the loue and vnitie of the fellowes among themselves, is in their colledge and societie the better maintained. And for this cause chiefly the emperour Adrian decreed, That the Roman Senators should be iudged by the Senat @@ -23517,7 +23516,7 @@ not to others well knowne.

As for other corporations and colledges, as of physitians, and tradesmen, - albeit thatColleges not hauing any iurisdiction but only a + albeit thatColleges not having any iurisdiction but only a restraining power, how they are to vse the same. by their foundation they have not any iurisdiction or commaunding power; yet neuerthelesse so it is, that they alwayes have a certaine restrayning authoritie and power by their @@ -23528,7 +23527,7 @@ which ought not to be with crueltie or rigour. For if the law condemne him to pay the price of the slaue, slaine by him that hath taken vppon him to teach him, albeit that it were in correcting of him: of much greater reason were he - to be condemned, which hauing but the moderat correction of men of free + to be condemned, which having but the moderat correction of men of free condition, should vse such rigour as that death should thereof ensue? As it sometimes happened in Lacedemonia, where yong children were by the Great Maister of the youth so rigorously whipt, a emperour Frederike the second gaue power and authoritie unto the rectours of Vniuersities, and that the principals of schooles and colledges have alwayes had the correction of their disciples and schollers: yet that is to bee - vnderstood but of light matters, and not of such chastisement and correction as + understood but of light matters, and not of such chastisement and correction as the magistrat hath by the princes graunt ouer priuat offendors; as many have beene of opinion. For why, neither the German emperour, no the pope can giue any such power unto the principalles @@ -23560,7 +23559,7 @@ taken vppon them such profession, are exempted from the power and correction of their owne fathers: albeit that many hold the contrarie: whose opinion for all that is not in that point followed. And yet - neuerthelesse certaine it is, that the naturall dutie and reuerenceWhether children hauing taken vpon them any vowe of religion, + neuerthelesse certaine it is, that the naturall dutie and reuerenceWhether children having taken vpon them any vowe of religion, be yet neuerthelesse bound to honor and obey their parents. of children towards their parents, remaineth alwaies in force and power, notwithstanding whatsoeuer bond and vow they have made to any corporation or @@ -23580,7 +23579,7 @@ oftentimes by the decrees of the parliament of Paris bene confirmed. In such sort, as that they which are once entred into such religious orders, may not from that time be called to account or into questiō for any thing by them - committed before they entred into the monastery: which yet is to be vnderstood + committed before they entred into the monastery: which yet is to be understood but of light & youthful faults; which otherwise were but to open a way to theeves and murtherers, to retire themselves into such colledges, as into forrests, for the auoiding of due punishment; as indeed it ofttimes @@ -23589,7 +23588,7 @@ the altar to doe vpon them iustice. As the court of parliament of Thoulouse (not long agoe) condemned two religious monks of the order D'aurade, to be in their habits shamefully drawne vpon a hurdle to the place of execution, and there to be quartered, without disgrading of them, for - hauing most cruelly murtheredThat Monks may conuent their + having most cruelly murtheredThat Monks may conuent their Abbot before the ordinarie iudge: and also appeale from the inust sentence of their Abbot. the head of their monasterie, whose seueritie they could by no meanes endure. Yea the abbat @@ -23686,7 +23685,7 @@ prince iudged and determined by 36, men which euerie one of the three orders should by voice chuse, than by the prince himselfe with his councel? And now the Clergie and Nobilitie had not onely so decreed, but had drawne a great part - of our sort unto their side also, hauing with hope of great rewards gained + of our sort unto their side also, having with hope of great rewards gained their voices. At which time I perceiuing the drift and purpose of certaine ambitious persons that were dealers in the matter, aunswered, That the matter was further to bee considered of. For why, it was laboured, that such things as could not bee obtained of the people in @@ -23706,7 +23705,7 @@ passed in the parliament at Orleance; and as it is also vsed in the diets of the Empire, and the Parliaments of England, and of Spayne. For which cause, and other reasons then alleaged, I requested the other two orders of Estate, to - take it in good part, in that they were by me hindered, as hauing the charge of + take it in good part, in that they were by me hindered, as having the charge of the third estate. Which was the cause, that the thing beeing againe called into consultation, both the estates chaunged their opinions. Which the king hearing, and dissembling his griefe, said in the @@ -23810,7 +23809,7 @@ Cicero to pull downe his house, if he came not to the Senat being called. So that there is no question where he that calleth together the fellowes, hath power to commaund. But if the Colledge or societie be - destitute of an head or magistrat which hath power to commaund, or hauing + destitute of an head or magistrat which hath power to commaund, or having power, yet is not willing to constraine them which will not obey him; then he whom it concerneth to have the societie assembled, is to obtaine commission from the magistrat to constraine them to come together, and so we vse to doe. @@ -23852,7 +23851,7 @@ instant="false"/> to entreat and consult of? for the hearing of the matter, if it be so reserued unto him. But whereas we said that a lawfull Corporation or colledge may make ordinances and decrees, not derogating - from the lawes of the Commonweale: that is so yet to be vnderstood, as that + from the lawes of the Commonweale: that is so yet to be understood, as that they in their assemblies and meetings entreat onely of that which is unto themselves common, and not of such things as whereof they are by the law prohibited not onely to determine, but euen to consult also: lest in so doing @@ -23893,7 +23892,7 @@ although the whole bodie of the communitie or colledge be therefore condemned. As in priuat offences done by many being of no colledge or communitie, there lyeth not an action but against every one of the offendours in particular, and - for the whole, in such sort, as that one of them hauing made satisfaction, the + for the whole, in such sort, as that one of them having made satisfaction, the others are thereby acquired. But if such fact or offence be done by any one, following therein the aduise, counsell, and deliberation of all, they may be all therefore conuented, and every one of them @@ -23905,7 +23904,7 @@ Whereunto I answere, That it is yet more straunge, that the innocents should by lot be drawne together with the offendours, and that these should be punished, vpon whom the lot should fall; as the maner was in the Decimation (or as it - were tything) of the armie, for hauing borne it selfe cowardly against the + were tything) of the armie, for having borne it selfe cowardly against the enemie, where the most hardie & valiant, were oftentimes by lot drawne out, and for cowards executed. Which example the Senator Cassius vsed, at such time as he in full Senat, persuaded the Senators to put foure hundred Slaves to death, although that there was one (and he vnknowne) amongst them guiltie of the @@ -23951,11 +23950,11 @@ against their rebellious conspitors. all the inhabitants of their rebellious Townes after that they had taken them: and yet alwayes observed this point, to punish the heads more seuerely than the rest, and to preserue them - that had resisted the seditious; hauing still aspeciall regard whether the + that had resisted the seditious; having still aspeciall regard whether the rebellion were consulted of and decreed in the Corporation and communitie or not. So Liuie saith: Valerius Leuinus Agrigento capto qui capita rerum erant, virgit caesos securi percussit, - caeteros proedamque vendidit, Valerius Leuinus hauing taken Agrigentum + caeteros proedamque vendidit, Valerius Leuinus having taken Agrigentum beheaded them that were the chiefe authours (of the rebellion) being before whipped, the rest and the prey he sold. And in an other place: Quoniam defectionis @@ -23968,11 +23967,11 @@ receiued their deserued punishment, what is it your pleasure to be done with the rest of the guiltlesse multitude? at length they were pardoned, and the freedome of the citie giuen them. The Consull Fuluius, - hauing after a long siege taken the citie of Capua, beeing renolted from the + having after a long siege taken the citie of Capua, beeing renolted from the Romans, beheaded fourescore of the Senatours, beside xxvij others which had before poysoned themselves, and caused three hundred moe of their chiefe gentlemen to be in prison starued, the rest of the inhabitants he sold for - Slaves. As for the other Townes which were vnder the obedience of them of Capua, there were none but the chiefe men + Slaves. As for the other Townes which were under the obedience of them of Capua, there were none but the chiefe men punished. Atella, Calatia{que} in deditionem acceptae, ibi quoque in eos qui capita rerum erant animaduersum, Atella and Calatia (saith Liuie) were taken in by composition, and there @@ -23987,12 +23986,12 @@ and othersome extreame ctueltie. The emperour Aurelianus for his clemencie deserueth to be for euer commended, who laying siege unto the citie Thyane, swore that there should not a dog escape alive, if he should take - the citie: but hauing by force wonne it, chaunging his mind, as with compassion + the citie: but having by force wonne it, chaunging his mind, as with compassion moued, he straitly forbid any man to be therein slaine; and when some to prouoke him unto wrath, put him in remembrance of the oath he had made: he said it concerned but dogs, which hee commaunded to be all forthwith killed. The like clemencie Henry the fift the Germaine Emperour, - hauing condemned the citie of Brixia to bee vtterly rased, and laid euen with + having condemned the citie of Brixia to bee vtterly rased, and laid euen with the earth; yet when he had wonne the same, pardoned the citisens neuerthelesse, least the innocent people should so have perished together with the offendors; following therein the mercie of God, who @@ -24039,17 +24038,17 @@ Flaunders, in seeking to ke too sha reueng vppon the Gantoies his rebellious - subiects. fell into the house of Burgundie) hauing brought the + subiects. fell into the house of Burgundie) having brought the Gantois rebelling against him to such extremitie, as that they were glad to craue of him grace and pardon, would not so receiue them, but propounded unto them most hard conditions, and not beseeming a free people to accept of: as that they should all come unto him out of the citie to craue pardon with halters about their neckes; and that then he would consider what he were to do with them. Which put the poore distressed people into such a desperat feare, as that they went out being in number but - fiue thousand (but all armed with dispaire) against the earle, who then was + five thousand (but all armed with dispaire) against the earle, who then was fortie thousand strong, whome they in a great battell ouerthrew; and so brought - vnder their obeysance all the townes of Flaunders, except Audenard. The earle - flying out of the ouerthow hid himselfe vnder a poore womans bed; who + under their obeysance all the townes of Flaunders, except Audenard. The earle + flying out of the ouerthow hid himselfe under a poore womans bed; who afterwards found meanes for his escape, by couering him in an heape of apples: but being so escaped▪ for euer lost his power, together with his honour. With which so great an ouerthrow giuen, the Gantois became much more arrogant than @@ -24070,7 +24069,7 @@ most cruell death. But in that time it should seeme, that princes tooke pleasure to encrease their crueltie with reproach and despight against their disobedient and disloyall subiects. For so This - Frederike hauing sharply chastised the rebellions Millanotes his subiects, + Frederike having sharply chastised the rebellions Millanotes his subiects, afterwards in dispite caused such of them as would have their lives spared with their teeth to drawe a figue out of a mules taile: whereof grewe the dispite ful mocke yet vsed by the Italians, by showing the thombe betwixt @@ -24082,7 +24081,7 @@ Frederike the second, the German emperour, to revenge the miurie done unto his wife, with great - disgrace at Milan, hauing besieged and taken the citie, after he had put to + disgrace at Milan, having besieged and taken the citie, after he had put to death the chiefest of the citisens, and rifled and rased the citie, vsed a contumelie and despight towards the rest that had escaped the souldiours furie, as was unto them more despightful than cruel; & yet worse than death. So @@ -24105,7 +24104,7 @@ shall keepe the meane in punishing the authors and ringleaders of rebellions, tempering seueritie with lenitie. As did Charles of Fraunce king Lewes the ninth his brother: (afterwards - king of Naples) who hauing commission from the king, to chastice the + king of Naples) who having commission from the king, to chastice the inhabitants of Mont Pelier, who had slaine certaine of the kings receiuers & officers: tooke from them all their liberties and priuileges, appointed the walles of their citie to be rased, their steeples pulled downe, and a fine @@ -24133,7 +24132,7 @@ Quintus and▪ Scipio Affricanus in chastising of their mutinous souldiours. did wisely, who when he could not with the - safetie of the Commonweale chastice the armie which he then had vnder his + safetie of the Commonweale chastice the armie which he then had under his conduct and leading, for their rebellious mutinie, after he had appeased all matters, and yet thought it not safe for the souldiours so in danger of the law to returne into the citie, he himselfe came first to Rome, and there by consent of the Senat presented a request unto the @@ -24141,7 +24140,7 @@ mutinous reuolt might not be daungerous to any of the souldiours: which he with the great good liking both of the Senat and of the people obtained. With like wisdome Scipio Affricanus the father, repressed the - mutinie of his army at Seuerone, with the execution of thirtie fiue of the + mutinie of his army at Seuerone, with the execution of thirtie five of the souldiours onely: Certabatur vtrum in authores tantum seditionis xxxv animaduerteretur, an plurium supplicio vindicanda defectio magis esset quam seditio: vicit sententia lenior, vt vnde culpa orta esset, @@ -24182,7 +24181,7 @@ needfull for him with a convenient lenitie to moderat euen the iust and necessarie seueritie of his deputies and magistrats, to the imitation of Antiochus theThe wise moderation of some great princes in chastising of their rebellions subiects. great - king of Asia, who hauing giuen commission to Hermeas his + king of Asia, who having giuen commission to Hermeas his constable, to punish the rebellion of them of Seleucia: and he condemning the corporation of the citie in a fine of six hundred thousand crownes, and banishing also a great number of the citisens, and taking away the liberties @@ -24190,7 +24189,7 @@ againe the banished; and contenting himselfe almost with the tenth part of the fine, restored againe unto the citie the auntient liberties and priuilegs thereof. But not to goe further, Henrie the second the - French king, hauing giuen commission to the duke + French king, having giuen commission to the duke Mont-morencie constable of Fraunce, to chastise the rebellion of the countrey of Guyenne, and especially of the inhabitants of @@ -24214,7 +24213,7 @@ them with their citie into his protection: and he refusing them, had solicited his other subiects, their neighbours to rebellion: the councell of Spaine decreed, That the citie should be rased and laid euen with the ground, and all - the goods of the citisens confiscated. Howbeit the emperour hauing it in his + the goods of the citisens confiscated. Howbeit the emperour having it in his power, spared the countrey and citie wherein he was borne and brought vp: but executed thirtie of the chiefe authors of the rebellion, tooke away all their corporations and colledges, depriued the citie @@ -24233,7 +24232,7 @@ Charles the fift, but that he had rather to encrease his commendation, by sauing, than by spilling of his subiects, and by gentlenesse rather than by crueltie. By these examples before set downe it is well to be - vnderstood, what is to bee determined for the punishment of Communities, + understood, what is to bee determined for the punishment of Communities, Corporations, and Colledges: wherein they which affect lenitie, do giue occasion unto the same citisens oftentimes to rebell: which in a Commonweale is of a prince especially to be taken heed of. In which thing no man seemeth to @@ -24278,7 +24277,7 @@ companie of men: and so out of a familiar and naturall societie by little and little to have growne into a colledge, into a corporation, into a communitie, and so at length into a citie: and so to have made these empires and kingdomes, - which we here in the world see, hauing no surer foundation wherupon to rest + which we here in the world see, having no surer foundation wherupon to rest (next unto God) than the loue and amitie of one of them towards another: which can in no wise be maintained, but by alliances, societies, estates, communities, fraternities, corporations, and colledges. So that to demand, whether communities and colledges be necessarie @@ -24296,16 +24295,16 @@ factions, seditions, part-takings, monopolies, yea and sometime the ruine of the whole Commonweale also: and that in stead of sacred loue and amitie, there ariseth of them coniurations, and conspiracies of one of them against another. - And that more is, it hath bene seene, that vnder the shadow of religion diuers + And that more is, it hath bene seene, that under the shadow of religion diuers colledges have couered some most detestable and execrable impietie. Whereof no better example can bee giuen, than of the fraternitie of the Bacchanals in - Rome, which deuised vnder the colour of + Rome, which deuised under the colour of religion, so long couered the most execrable and detestabble filthinesse of both sexes, vntill that the secrets thereof opened, polluted the citie then mirrour of the world, and all Italie with the loathsome sauour thereof, aboue seuen thousand persons beeing partly accused, attainted, conuinced, and many of them execured and banished,Religion the fairest cullour for - a foule matter. for the abhominable villanies by them committed vnder + a foule matter. for the abhominable villanies by them committed under the colour of that religion, which hath alwaies the fairest and most glorious show that can bee deuised, to bee set vppon a fowle matter; as said Flaminius the Consull speaking unto the people of Rome, concerning the impieties by him found out, Nihil in speciem @@ -24319,11 +24318,11 @@ sacrifices should bee made by night, but alwayes done in publike. VVhich thing Damonax a wise Grecian had long time before attempted to persuade the Athenians of, saying, ThoseNightly - conuenticles vnder the cullour of religion suspitious and in euerie + conuenticles under the cullour of religion suspitious and in euerie Commonweale daungerous. night-sacrifices to have alwaies seemed unto him verie suspitious. And better it is in euerie Commonweale openly to suffer whatsoeuer assemblies or sacrifices to bee done by day, in the sight of all the - people, then nightly assemblies to bee made vnder the colour of religion▪ VVhereof Cato + people, then nightly assemblies to bee made under the colour of religion▪ VVhereof Cato the Censor most grieuously said, Ab nullo genere non summum periculum est, sicaetus, & consilia, & secretas consultationes esse sinas, There is no sort of men from whom the greatest daunger is not to @@ -24334,7 +24333,7 @@ secret assemblies: which growing by little and little, and not perceiued vntill they bee growne great, at length bursting like to a rotten impostume, infecteth the whole bodie of the Commonweale. As for proofe thereof in our remembrance, - whereas there have alwaies beene many conuenticles and meetings of seditious persons, vnder the pretensed show of + whereas there have alwaies beene many conuenticles and meetings of seditious persons, under the pretensed show of religion, so a more daungerous companie of filthie fellowes neuer more sodenly in any place brake out, than did that of the Anabaptists in Munster, the chiefe citie of VVestphalia, who there secretly multiplying, vppon the sodaine tooke @@ -24343,7 +24342,7 @@ recouered from them, not those phantasticall seditions repressed, but by a strong armie of the whole German empire. The Colledges and Fraternities of the Pythagorians dealt more moderatly in Italie, who professing the studie of - wisedome, and hauing drawne unto them so many + wisedome, and having drawne unto them so many disciples, as that many the greatest lords & princes, both of Italie and Greece, moued with the admiration of their doctrine, were now become both their auditors and followers: they bearing @@ -24394,7 +24393,7 @@ instant="false"/>, seeme to have taken their beginning: which Chrysostome therefore calleth The mother of the Gentiles: the princes of Europe and of Barbarie - hauing alwaies granted unto the Iews, their antient priuileges, corporations, + having alwaies granted unto the Iews, their antient priuileges, corporations, & colledges, for the exercising of their religion, in paying unto them certaine tribute, as they did unto the Roman emperors, which was called Aurum Coronarium; which the German emperours ordinarily giue unto the emprises, for the confirmation of the Iewes priuileges, which are yet greatet in Polonia and Lituania than in @@ -24468,13 +24467,13 @@ A daungerous practise of such as are neere unto great princes: to deuise false calumnies against the professors of any religion, so to bring them into hatred, and to enrich themselves with their - wealth. of the Primitiue Church, vnder the first emperours, so many + wealth. of the Primitiue Church, under the first emperours, so many grosse and impudent calumnies, and slaunderous reports, were deuised and put in writing against the Christians, for the taking away of their assemblies and meetings, as the like whereof were neuer before deuised, and would indeed seeme incredible, were they not yet in writing extant. As witnesseth Anaxagoras the orator, in his apologie to Antoninus: Tertullian in his apologie for the Christians: and Origen against Celsus, - certaine of whose writings are yet extant. Whereby it is to be vnderstood, that + certaine of whose writings are yet extant. Whereby it is to be understood, that it was commonly obiected unto the Christians, that they were Atheists, irreligious contemners of all gods, incestuous murtherers: and such as in their secret assemblies and meetings vsed to kill yong @@ -24487,7 +24486,7 @@ beene with them accounted a sacrament of the bodie and blood. Which slaunders so falsely obiected against the Christians, might seeme altogether incredible, if in the time of our auncestours the like accusation had not beene commenced - against the Templers, viz. vnder the raigne of Philip the faire; for which theThe + against the Templers, viz. under the raigne of Philip the faire; for which theThe Templers falsely accused, and for their great wealth wrongfully suppressed. Colledges in Fraunce before graunted unto the Templers, at last by a decree of pope Boniface the viij were taken @@ -24496,9 +24495,9 @@ beene but a malitious false accusation, inuented for the taking away of their great lands and wealth from them. The like practise was also vsed against the Corporations and societies of the Iewes, aswell inThe Iewes - in like manner wronged. Fraunce vnder Dagobert, + in like manner wronged. Fraunce under Dagobert, Philip Augustus, and Philip the long: as - afterward in Spaine vnder Ferdinand king of Aragon and + afterward in Spaine under Ferdinand king of Aragon and Castile, who of a mercilesse deuotion driue them quite out of their countries, and enriched themselves with their goods, it being giuen out, that they had crucified boyes, and poysoned wels with the blood of their leprous persons.

@@ -24543,7 +24542,7 @@ Colleges and companies by the Senat before suppressed, but ordained and erected a great number moe: which Caesar being got to be Dictator, to maintaine his owne power and weaken the peoples, put downe; but - were afterwards by Augustus hauing assured his estate, + were afterwards by Augustus having assured his estate, by an expresse edict againe restored. All which Nero the the tyrant againe suppressed. Whereby it appeareth, Tyrants alwaies to have hated the corporations and communities of the people, andCommunities, Corporations, and Colleges, alwaies hatefull unto @@ -24575,7 +24574,7 @@ reforming of the Estate, be better debated or handled, than before the prince in his Senat before the people? There they conferre of the affaires concerning the whole bodie of the Commonweale, and of the members thereof; there are heard - and vnderstood the iust complaints & greeuances of the poore subiects, + and understood the iust complaints & greeuances of the poore subiects, which neuer otherwise come unto the princes eares; there are discouered and laid open the robberies and extortions committed in the princes name; whereof he knoweth nothing, there the requests @@ -24673,7 +24672,7 @@ times by expresse Edict in this Realme to take away these fraternities; which for all that could neuer yet be put into execution. Howbeit much better it were to take away the abuse, than the thing it selfe that is abused, and toThat it is better or the Commonweale, that men of one trade or - occupation should be diuided into diuers streets, and quarters of the citie, + occupation should be divided into diuers streets, and quarters of the citie, the to dwell all in one street together. pluck vp the weeds alone, rather then both the good and bad together. And to @@ -24681,7 +24680,7 @@ into diuers streets and quarters of the citie, and not to seat them in one street or quarter together, (as they do in Affricke, and also in many townes and cities of Europe) except th place for the hauing of water, or some other such + instant="false"/> place for the having of water, or some other such common respect so require: For besides the incōmoditie that it is in great cities not to have artificers which are ordinarily required in every quarter thereof, there must needs either be secret monopolies amongst them so to sell @@ -24696,7 +24695,7 @@ in the same street or quarter of a citie together, and that better than to trouble the quiet of others. But as there is nothing better for the maintenance of the strength and vnitie of the subiects, than Corporations & - Communities: so is there nothing which can so much weaken & keepe vnderfoot + Communities: so is there nothing which can so much weaken & keepe underfoot a Commonweale, as by the vtter taking away of Communities, Corporations, and Colleges, or Societies: Which the Romans well knowing, wisely put in practise, who after they had vanquished the kings of Macedonia, and conquered the @@ -24743,7 +24742,7 @@ himselfe the great and supreme workemaster and creator of this great and wonderfull Fabrick of all things, in the creating thereof, to have performed nothing either greater or better, than that hee - diuided the mingled and confused parts of the rude Chaos, and so setled euerie thing in his due place and order. Neither + divided the mingled and confused parts of the rude Chaos, and so setled euerie thing in his due place and order. Neither can there be any thing faiter to behold, more delightfull to he mind, or more commodious for vse, than is order it selfe. But they which goe about so to make all subiects or Citisens equall one unto another in dignitie, order, and and @@ -24757,11 +24756,11 @@ there ought still to bee some diuision, ordering, and sorting of the Citisens or subiects in a citie, or Commonweale. Here by ordering and sorting of the Citisens or subiects, my meaning is, that there should be a part of the - citisens diuided from the rest in condition, state, or sexe: in condition, as + citisens divided from the rest in condition, state, or sexe: in condition, as the nobilitie from them that were but from the Senators descended, the knights and gentlemen from the common people in sexe: as women from men: in state, as free borne men from them which are but of manumised Slaves made free; and they - which are by state free, are diuided from them both.

+ which are by state free, are divided from them both.

As for Slaves we have before said, them by the generall conent of almost all people, @@ -24775,7 +24774,7 @@ unto me referred, surely I should wish the right and libertie of the citie to be set open, as well unto the Slaves as unto the free borne men. For what is this so arrogant temeritie (should I say) or impietie of men, that forgetting - mens conditton and state, they should enforce this so diuine a creature, hauing + mens conditton and state, they should enforce this so diuine a creature, having his libertie shamefully taken from him, not onely to serue their lust, but also to make no more account of him, yea and peraduenture lesse too, than of a verie beast? But bee it that Slaves be indeed @@ -24789,7 +24788,7 @@ but yet who is so mad, as to thinke them therefore worthy to be cut off from the bodie? Now if these baser members indeed bee and are still called parts of the whole bodie, why shall wee not by the same reason suffer Slaves, who are - still pressed and kept vnder with the most heauie burthens and commaunds + still pressed and kept under with the most heauie burthens and commaunds of the other citisens, to bee called and accounted members of the same citie with them? But if we thinke this to be an absurd thing, then are they to bee driuen out of the citie, and as rotten @@ -24797,7 +24796,7 @@ familie, and so in our obedience and seruice, we must also make them partakers of the citie with vs. For seeing they be subiects and not straungers, they must needes make vp a part of the citisens, and bee accounted in the number of them. - Which I would have vnderstood to be of me so spoken, not for that I should + Which I would have understood to be of me so spoken, not for that I should desire slauerie long since taken away out of our Commonweale, to be thereinto againe restored: but that forasmuch as the force and boldnesse of men is so farre broken out, as that wee see seruitude and slauerie by little and little to creepe in, @@ -24811,7 +24810,7 @@ which had bene mannumised men, and not by the Slaves indeed: for that in the citie Rome, Slaves indeed had neither place nor degree. Neither did Metellus his speech concerning marriages to bee made in degrees together belong unto Slaves, to whome - the rites and rights of marriage were altogether forbidden, hauing onely their + the rites and rights of marriage were altogether forbidden, having onely their mutuall conuersing and companie one of them of another; as Paulus the lawyer writeth in the second booke of Sentences, albeit not altogether aduisedly, for that they held the right of blood, as did other citisens, and were forbidden incestuous marriages as well as others; although @@ -24838,12 +24837,12 @@ descended: and them onely to have beene accountedWhy we call such as be noble borne by the name of gentlemen? so to have, which had their beginning from them that were free borne: and hereof it commeth that we call such as be nobly borne by the - name of Gentlemen, as hauing an house or familie from which they are descended. + name of Gentlemen, as having an house or familie from which they are descended. Howbeit that they which were so nobly borne, went yet further, vaunting them onely to have an house and familie, from which they might produce their discent, none of whose auncestors had at any time serued as Slaves: For why, the multitude of the vulgar and common sort of the people, was thought almost - all to have taken their beginning from such as hauing bene Slaves, were by + all to have taken their beginning from such as having bene Slaves, were by mannumission become free.

Next unto Slaves are they whome they call State-free men, and after them the @@ -24862,15 +24861,15 @@ Slaves and worse then libertines. case and condition than were the Slaves, and yet withall in worse than were the libertines, or men alreadie enfranchised. And these orders euerie one of them according to the qualitie of their condition and state, were also - likewise in their degrees placed.The nobilitie alwaies diuided from the vulgar and common + likewise in their degrees placed.The nobilitie alwaies divided from the vulgar and common people.

-

The rest of the citisens are diuided according to the varietie of their +

The rest of the citisens are divided according to the varietie of their conditions and estates, and diuersitie of their manners and customes. Yet that is common almost to all people, that noble men should in order and dignitie be - diuided from the vulgar and common people, since first Nimrod the great robber, most notably attended vppon with a great + divided from the vulgar and common people, since first Nimrod the great robber, most notably attended vppon with a great power of wicked companions, and such as himselfe was, with cruell seruitude oppressed them that were too weake for him, and so first tooke vpon him the gouernmentThe first nobilitie grounded vpon violence and @@ -24911,7 +24910,7 @@ not lawfull but for the Calasyres: and many worlds of yeres after, for the Mammalukes in the raigne of the Sultans, to serue and beare armes: who therefore enioyed most great priuileges. Yet other people have - diuided gentere from warre, neither have therefore reputed any one to be a gentleman, for that he was a souldiour: unto which opinion all the greatest lawyers together with Plato @@ -24944,7 +24943,7 @@ receiued fourteene Ciuic or oken crowns (the honourable rewards due unto him that had saued so many citisens) three others the rewards of his good seruice done in the besieging of townes, fourescore and three gold chaynes, an hundred - and threescore bracelets of gold, ten faire launces, and thirtie fiue faire + and threescore bracelets of gold, ten faire launces, and thirtie five faire furnitures for horses. And yet this so worthy & valiant a man, adorned with so many trophies in reward of his valour, was by the Roman lawes no more but as a common person. For they accounted him first a gentleman, that was the sonne @@ -24961,7 +24960,7 @@ instant="false"/>s homo primus omnium claustra nobilitatis refregi, &c. I beeing but a new man, was of all others the first which brake open the barres of nobilitie. - The other hauing beene seuen times Consull, in an oration which he made against + The other having beene seuen times Consull, in an oration which he made against the nobilitie, said, Contemnunt nouitatem meam, ego illorum ignauiam: mihi fortuna, illis probr a obiectantur. Quod si me iure despiciunt, faciant @@ -24980,7 +24979,7 @@ arrogat unto themselves by other mens vertues, that they will not graunt unto me for mine owne: and all forsooth, because I have no images of mine auncestours to show, and for that my nobilitie is but new, which yet is better - for me to have of my selfe raised, than hauing + for me to have of my selfe raised, than having receiued it from mine auncestors, to have my self stained the same. For Cicero had six competitors in his Consulship, wherof two were noble men, two other of them were the first of their familie which had borne office, onely Cicero himselfe was a gentleman @@ -24991,7 +24990,7 @@ such as were descended from the Senators, by Romulus in the beginning of his raigne appointed, or from them which were afterwards by the Consull Publius Valerius ioyned unto them, were - called Patricij (as hauing their beginning from + called Patricij (as having their beginning from the Senators, whome they called Patres) all the rest were common men, or else men of some better note, whome they called Equites, or Gentlemen; who were in the middestThe Equites or gentlemen in Rome what @@ -25035,7 +25034,7 @@ sort of the people; and yet for all that none of these Patricij was accounted noble, except some of their auncestors had borne the honourable offices of the state: many of the Patricij, who were descended from the Senators, and yet could not cite such their auncestors as had borne such honourable charge in the estate, (which - was well to be vnderstood by their statues or images) were accounted of as of + was well to be understood by their statues or images) were accounted of as of men of base & low degree. So it came to passe, after the law Canuleia was made, that some euen of the common sort of the people became noble, and some of the Patricij @@ -25082,7 +25081,7 @@ for them alone to make sacrifices, and to keep the Auspicia or diuine obseruations. But after that Genutius (first Consull that was made of the people) was in battell with the great slaughter of his - armie vnder his conduct ouerthrowne, Patres non tam publica + armie under his conduct ouerthrowne, Patres non tam publica calamitate maesti, quàm feroces infoelicis Consulis plebei ductu, fremunt, omnibus locis, irent, crearent Consulem explebe, transferrent auspicia quo nefas esset, The fathers (as saith Liuie) not so @@ -25219,27 +25218,27 @@ Commonweale. places of commaund, and from all offices, least haply they should bewray the secrets of the citie unto the pope, to whome they are by dutie & oath bound. Wherfore amongThe Florentine how - they diuided their citisens the Venetians, the order of the Senators + they divided their citisens the Venetians, the order of the Senators is first and chiefe of all others, for that in it is the soueraigne power of that state: next unto the Senators follow the gentlemen, who are not accounted of the number of the Senators▪ and last of all the cmmoners, who yet are both by one name called Citadinia, or Citisens. But the Florentines before that all was swayed - by one mans commaund, diuided not onely the nobilitie from the clergie, but - euen from the common people also; and the common people they diuided againe into three sorts, of whome such as exceeded in + by one mans commaund, divided not onely the nobilitie from the clergie, but + euen from the common people also; and the common people they divided againe into three sorts, of whome such as exceeded in wealth were called the Great ones, others of meaner wealth were called Popular Commoners, and they of the third sort, the refuce of the whole people. The - auntient Aegyptians much better diuidedThe auntients, - Egiptians how they diuided their citisens. their whole multitude of + auntient Aegyptians much better dividedThe auntients, + Egiptians how they divided their citisens. their whole multitude of citisens, into Priests, Souldiours, and Labourers: setting the Priests and Souldiours, whome they called Calasyri, free from all taxes and payments. Hyppodamus, who gaue lawes unto the Melesians, did a little otherwise diuide the people into Souldiours, Artificers, and Husbandmen: whose writings Aristotle - seemeth either not to have well vnderstood, or else not so wisely reproued, as + seemeth either not to have well understood, or else not so wisely reproued, as is euidently to be gathered of those fragments which are yet to be seene extant in Stobaeus. I know not - also how it came into Plato his mind, that hauing made a diuision of his citisens into - Keepers, Souldiors, and Husbandmen, he separateth the Souldiors (vnder whose + also how it came into Plato his mind, that having made a diuision of his citisens into + Keepers, Souldiors, and Husbandmen, he separateth the Souldiors (under whose bucklers and defence the citisens ought to rest) I know not how, from keepers. But in briefe, he would have the keepers of his Commonweale to excell all others in wisedome and experience: and so to rule ouer them, without any @@ -25270,7 +25269,7 @@ preferred before knowledge. with the vertues of the mind and knowledge, hath together obled? But yet if integritie - be diuided from such knowledge of most secret and most excellent things, the + be divided from such knowledge of most secret and most excellent things, the prioritie in this case is of right to be giuen unto integritie and vertue: except in such vocations and callings, as wherein such excellent knowledge is of necessitie required: For why, it is better and more agreeing with reason, to @@ -25347,8 +25346,8 @@ Germans, the Spanyards, the Brittons, and Italians, all these fees, whether it please you to tearme them priuileges or seruices by chaunce obtained are to be bought and sold, who can of right thinke - himselfe any whit the more noble for the hauing of such mercenarie things? And - yet it is lawfull for every most base Cobler hauing got such fee, to create his + himselfe any whit the more noble for the having of such mercenarie things? And + yet it is lawfull for every most base Cobler having got such fee, to create his vassals to hold of him; as it is also for every most honorable person to receiue his owne base vassall. Whereby it appeareth, that wealth and riches be they neuer so great, can neither get nor bring forth any true nobilitie at all. @@ -25393,7 +25392,7 @@ withall; shall he therefore be in degree superiour unto the honest poorer sort? men I thinke will not so say: then how much lesse ought we to iudge murtherers and men polluted with all kind of villanies, because they abound with wealth to - be therefore the more noble? For why the Romans alwaies diuided wealth from + be therefore the more noble? For why the Romans alwaies divided wealth from nobilitie, for so Tacitus reporteth of Cassius and Syllanus, the one of whom saith he excelled in auntient wealth, & the other in the honour of his auncestours. And so Cicero called Rossius for nobility and wealth the chiefe man of @@ -25418,7 +25417,7 @@ right transferre the same not onely unto his posteritie, but euen unto them also whom he hath adopted. And that contrarie to the decrees as well of the Diuines, as of the Philosophers: Whereby it is - sufficiently vnderstood all sorts of men to have had their beginning from the + sufficiently understood all sorts of men to have had their beginning from the rotten earth, as it is said, . But it is one thing to reason of degrees @@ -25524,7 +25523,7 @@ Toga virilis or the mans gowne was by the Romaine citisens worne, when they were come to be seauenteene yeare olde. they had begun once to weare the *mans gowne, were compelled to serue in the - wars vntill they were fiue and fiftie yeares old. Neither was there any way for + wars vntill they were five and fiftie yeares old. Neither was there any way for a citisen of Rome to attaine unto any honor, except he had serued in the warres ten yeares: For which cause it is by Liuie reported, two thousand of the citisens to have beene openly sold, for that they had not for foure yeares space serued in the @@ -25537,11 +25536,11 @@ the Roman citisens indeed, he neither thinketh nor writeth any thing of them which is contemptible or base, or that soundeth not unto their reputation and honour. Whereby it is to bee - vnderstoodThe base regard that was had in Rome of + understoodThe base regard that was had in Rome of artificers and men of occupation. Artificers and men of occupation in Rome, to have beene either Slaves, or straungers, and men of most base and lowe estate and condition: or if that by manumission they were become citisens of - Rome, yet they were therefore but in the number of Libertines, hauing as it + Rome, yet they were therefore but in the number of Libertines, having as it were in some sort lost the right of the citisens of Rome, no otherwise then Noble men with vs, which have giuen themselves to base and gainfull occupations or trades, who as they have thereby left their nobilitie: so have they also @@ -25669,7 +25668,7 @@ should gaine nothing, except they should lye loudly: whereas nothing is more foule than vanitie and lying. Whersore they do wisely which forbid not only the nobility, but euen the magistrats & souldiors also to deale in the trade of - marchandise, least vnder the colour of such traffique, a way be opened and + marchandise, least under the colour of such traffique, a way be opened and giuen to basenesse and rapine: neither is it to be suffered, that he which cannot by himselfe, should by the help and ministerie of his seruants in that point defraud the law.

@@ -25695,7 +25694,7 @@ thing, and Physike it selfe to have bene excluded from the other liberall sciences; which yet for all that the Hebrewes and Greekes euer had in great estimation: and begun then to be of our countreymen regarded, when as the - Arabians had first diuided Surgions and Apothecaries from Physitians, vsing + Arabians had first divided Surgions and Apothecaries from Physitians, vsing them but as their instruments and ministers. And albeit that Physitians be in cities to be reuerenced, yet is it not to @@ -25818,7 +25817,7 @@ captaines of castles, vassals, and other souldiours, with such others, as vppon whome the charge of the warres, by the custome of our auncestours lieth. After them should follow the order of gowne men, which should containe the colledges - of magistrats, and companies of judges, partly diuided into their places, with + of magistrats, and companies of judges, partly divided into their places, with oratours, lawyers, pleaders, aduocats, attourneies, proctors, scribes, registers, notaries, sergeants, apparitors, garders, tryers, trumpeters, gailors, and all the companie belonging to the law. Next unto whome should @@ -25853,13 +25852,13 @@ and vaine pleasures, not onely corrupt the citisens maners, but vtterly ouerthrow euen the cities themselves. But we have so described the orders of citisens, not so much that the dignitie, as the condition of euerie one of them - might so the better be vnderstood.

+ might so the better be understood.

Neither are citisens but most seldome, and that also in time of great necessitie, to beeCitisens but seldome and that also vpon - great necessitie to be into orders diuided. in orders from other - citisens diuided: for that so doing may giue occasion and minister matter unto - civill sedition: when as some of them diuided from other some, shall perceiue + great necessitie to be into orders divided. in orders from other + citisens divided: for that so doing may giue occasion and minister matter unto + civill sedition: when as some of them divided from other some, shall perceiue themselves to be noted also with a difference of their order and degree. Yea we said, that the citisens of one and the same trade or occupation were not in one street or quarter of the citie to be @@ -25870,16 +25869,16 @@ neere unto the riuers sides: so are also armourers, and smithes, to be placed apart by themselves from schollers and students, as for other handicrafts men, marchants, and trades men, it is good to have them separated one from another, - and to be diuided into euerie part of the citie, that the citisens may more + and to be divided into euerie part of the citie, that the citisens may more commodiously vse their helpe in generall, and not in time of daunger be enforced oftentimes to runne from the furthest place of the citie to the furthest. Whereunto is to be ioyned, that citisens of - the same occupation or trade, diuided into diuers parts of the citie, cannot so + the same occupation or trade, divided into diuers parts of the citie, cannot so easily conspire against the common good, or deludeCitisens - better to be diuided into three parts, than into two. the lawes, as + better to be divided into three parts, than into two. the lawes, as if they dwell together. But if assembly of all the orders and degrees of citisens, must of necessitie be made (for that degrees must needes in some sort bee distinguished from degrees, that a certaine dignitie of degrees may be - kept) especiall care is to be had, that the citisens be not diuided into two + kept) especiall care is to be had, that the citisens be not divided into two parts onely, and yet that in such assemblies there be not more than three degrees or places: for that contention arising betwixt two, they easily breake out into force; or else vpon equall voyces breake off, and leaue the matter @@ -25888,7 +25887,7 @@ of necessitie ioyne it selfe unto the one of the two, so to reconcile them together: whereas if there be more than three parts, and in number equall, the same inconueniences doe follow (that doe of - two) the euen number being easily to bee diuided into two parts: but if in + two) the euen number being easily to bee divided into two parts: but if in number vnequall the number of opinions diuers will hardly end the controversies once moued.

@@ -25935,7 +25934,7 @@ orders. the people, as made of both degrees. But for that both the Patricij and the knights made scarcely the fifth part of the whole people, the people did therefore the more imperiously raigne & - rule: which was then especially vnderstood, when as by a law concerning the + rule: which was then especially understood, when as by a law concerning the Theatres, place for the beholding of playes, was first giuen to the Senat, & next after them unto the knights or gentlemen, all apart by themselus from the people: whereof Liuie thus writeth, C. Attilij Serrani, L. Scribonij Libonis Aedilium @@ -25955,20 +25954,20 @@ neque desideratam, neque institutam Postremo Africanum quoque ipsum, quod Consul auctor eius rei fuisset, poenituisse ferunt, At the Roman plaies of C. Atilius Serranus, and L. - Scribonius Libo, the honourable Aediles, the Senat apart and diuided from the people, first beheld the same: + Scribonius Libo, the honourable Aediles, the Senat apart and divided from the people, first beheld the same: which thing (as euerie nouelty vseth to doe) gaue occasion of speech, some deeming it now at length to be giuen unto that most honourable order, which should long time before have of right beene giuen it; other some interpreting it to be taken from the dignitie of the people, whatsoeuer was added unto the honour of the Senat: and all such differences as whereby degrees were discerned asunder to tend alike to the diminishing both of concord and of libertie: that - the people indifferently together had beholden the plaies, now fiue hundred + the people indifferently together had beholden the plaies, now five hundred fiftie six yeares. What was that now so sodenly done? Why should not the Senators be contented to have the people mingled with them in the Theatre? Why should the rich scorne the poore man to sit by him? A new and proud insolencie, neuer before of the Senat of any nation either desired or ordained. Last of all it is reported, Africanus also himselfe to have repented him, That being Consull, hee - had beene author of that matter. Thus much he. Whereby it is to be vnderstood, + had beene author of that matter. Thus much he. Whereby it is to be understood, that for the preseruing of the popular libertie, and concord, degrees ought so to be placed with degrees, as that al of them may more easily bee ioyned unto all in societie and communion together. Wherefore this fact of Africanus was blamed, not onely of the common people, but @@ -26062,7 +26061,7 @@ others, who voluntarily had subiected themselves together with their libertie, unto the power and pleasure of others, to be by them disposed of, as by a soueraigne power without any law at all, or else vpon certaine laws and - conditions betwixt them agreed vpon. So the Commonweale hauing taken beginning + conditions betwixt them agreed vpon. So the Commonweale having taken beginning if it be well rooted and grounded, first assureth it selfe against al externall force, and then against the inward diseases of it self, and so by little & little gathering strength, groweth vp vntill it be come to the full perfection @@ -26080,7 +26079,7 @@ force, as most commonly it chaunceth, the fairest things being still the most enuied at. And as Demetrius (he which was called the Besieger) deemed no man more happy, than him who had longest quietly lived in - the greatest aboundance of al things, neuer hauing + the greatest aboundance of al things, neuer having tasted of aduersitie, as a man by fortune deemed most abiect and vnworthie, with whom shee should contend or striue: so we see some Commonweales so shamefully buried in pleasures and @@ -26115,11 +26114,11 @@ Commonweales brought into the forme of Prouinces, and no change made of their Monarchies into a popular Estate. And so contrariwise, if of one or many cities or prouincesDiuers changes of commonweales. be made - one or manie Monarchies or popular estates diuided in soueraigntie, that is not + one or manie Monarchies or popular estates divided in soueraigntie, that is not to be accounted any conuersion or change, but euen a verie beginning of diuers new Commonweales: As when the countrie of the Swissers and the Grisons reuolted from the Germaine Empire, they became - eighteene Commonweals, every one of them holding their estates (diuided from + eighteene Commonweals, every one of them holding their estates (divided from the other) in soueraigntie. Sometime also of two is made one and the same Commonweale: as were the Romans and the Sabines, their two kings and people being in the same power and league ioyned and combyned together, neither of @@ -26147,7 +26146,7 @@ they are so ioyned: which thing Bartholus denieth; and for example thereof alleageth Raimond Countie of Toulouse, not erring indeed in his resolution of the question, but in the - example by him produced, not hauing good regard unto the treatie made betwixt + example by him produced, not having good regard unto the treatie made betwixt the Countie and the estates of Languedoc of the one part, and Lewes the ix the French king on the other part, wherin it was comprised, That the only daughter of the countie Raymond should be espoused to Alphonsus countie of Poitiers, the kings brother, with condition, that @@ -26160,19 +26159,19 @@ therefrom exempted. But most certaine it is, that an estate subiect unto another, maketh not another Commonweale, but onely a part of the subiects.

-

But that these things may the better be perceiued, it is to be vnderstood, that +

But that these things may the better be perceiued, it is to be understood, that al conuersions and chaunges of Commonweales, are either voluntarie or necessarie, or else mingled of both: and as for necessitie, it is also either naturall or violent: For albeit that the birth of things be more faire and pleasing than their death, yet for all that so it is, that the source and course of flowing nature rauishing all things, giueth vs - also to vnderstand, that the one cannot be without the other: so that all + also to understand, that the one cannot be without the other: so that all things which had beginning, although they have stood many hundred yeares, yet must at length in time take end and perish also. But, as we deeme that death more tollerable which by little and little creepeth on through the weakenesse of age, or the course of some long lingering disease, and that almost without any sensible feeling thereof: so also may wee say the chaunge or fall of a - Commonweale, which proceeding as it were of age, and after hauing endured a long tract of worlds, to be necessarie, and + Commonweale, which proceeding as it were of age, and after having endured a long tract of worlds, to be necessarie, and yet not violent: for that nothing can well be called violent, which is agreeing unto nature: seeing also that the course of euerie things age is certaine, and a certaine ripenesse unto euerie age appointed:The naturall @@ -26181,7 +26180,7 @@

Now Commonweales be also chaunged some times to the better, and sometimes to the worse, whether such chaunge bee naturall or violent: yet the violent change - still hauing violent motions, and so quickely done; and the naturall chaunging + still having violent motions, and so quickely done; and the naturall chaunging still be little and little, and so the lesse felt. But of all chaunges of Commonweales, no voluntarieThe most pleasing and easie change of a Commonweale. chaunges is more pleasing or easie than that @@ -26193,7 +26192,7 @@ so to have turned the soueraignty of the Commonweale from a popular estate, into a Monarchie; and yet him the same man within foure yeares after, voluntarily and of his owne accord, dispoiling himselfe of the Monarchy, which - he had couered vnder the colour of his Dictatorship, to have againe restored + he had couered under the colour of his Dictatorship, to have againe restored the soueraignty unto the people, to the great contentment of them all in generall, and the good liking of every one of them in particular. So also the nobilite of the state of Sienna, by their common consent, yeelded the soueraignty of that state @@ -26233,7 +26232,7 @@ the qualities of good gouernors into euil, the Monarchie yet still remaining in the one, and the Aristocratie in the other. I speake not here of the chaunging of a Monarchie into a Duarchie (or soueraigne gouernment of two) for that we - have before declared such a Duarchie to bee comprehended vnder an Oligarchie + have before declared such a Duarchie to bee comprehended under an Oligarchie (or gouernment of few) otherwise a man might make also a Truarchie of three princes, ruling together in one Commonweale (as it chaunced in the Triumuirat of Marcus Antonius, Augustus, and Lepidus) as also a Tetrarchie (or gouernment of foure) and so other chaunges of Commonweals in number @@ -26272,7 +26271,7 @@ time without gouernment, as a ship without a pilot or gouernour. And so after the death of Abusahit king of Fez, that kingdome was in most miserable case eight yeares without a king. As also after diuers murthers - of many the Aegyptian Sultans, the Mammalukes made choyce of Campson Gaurus, hauing lived a certaine time in a pure Anarchie. And + of many the Aegyptian Sultans, the Mammalukes made choyce of Campson Gaurus, having lived a certaine time in a pure Anarchie. And in like manner the Russians, being wearie and spent with civill warres, for lacke of a soueraigne, of themselves made choice of three of the German princes to rule ouer them.

@@ -26325,7 +26324,7 @@ emperour Charles the fift chased away Barbarussa, and tooke sharpe revenge vpon his dissoiall subiects, making himselfe the emperours tributarie and vassall: but was againe not long after driuen out againe by Barbarussa: the state of a - Monarchie yet neuer chaunging, no more than did the Roman empire, for hauing + Monarchie yet neuer chaunging, no more than did the Roman empire, for having had foure emperours in one yeare; one of them slaine by another: the estate of the Monarchie neuerthelesse still remaining as the prise and reward of the victor. @@ -26373,7 +26372,7 @@ a Commonweale, when it hath attained unto the highest degree of the perfection and beautie thereof; or to say better, then when it is least imperfect, and farthest from all kind of vice: which cannot be wel knowne, but after the - declination, chaunge, or ruine of euerie Commonweale: As the Romans hauing made + declination, chaunge, or ruine of euerie Commonweale: As the Romans having made proofe of the Royall, Tyrannicall, Aristocratike, and Popular estates and Commonweales, yet neuer flourished more than in the Popular estate: neither did that their Popular estate euer flourish more in armes and lawes, than in the @@ -26392,8 +26391,8 @@ valiant and worthy men.

Now if any man shal obiect and say, That the Romans were then but poore, as not - yet got out of Italie, neither hauing as - yet extended their armes into Grecia, Asia, and Afrike, no not hauing as then + yet got out of Italie, neither having as + yet extended their armes into Grecia, Asia, and Afrike, no not having as then so much as subdued Italie, neither that the Capitoll did as then glister with guilded vaults, but was couered with shards: I say againe▪ That ver¦tueThe excellencie and perfection of a commonweale how it is to be deemed. is not to be measured by the foot of wealth and riches; @@ -26409,7 +26408,7 @@ Arabia Felix, but many other great prouinces also beyond the riuer Euphrates, and with incredible workmanshipThe Romain commonweale at the highest in the time of Traian - the emperor, and yet not then in the greatest perfection. hauing + the emperor, and yet not then in the greatest perfection. having built a bridge ouer the Danubie, (the remainders whereof are yet to bee seene) subdued Decebald, with the kingdom of Dacia, & with the Roman legions danted the most cruell and barbarous nations that then lived; @@ -26479,9 +26478,9 @@ people. Lions: Or if it were that the Monarchie chaunged into a Popular estate, yet so it was neuerthelesse, that the nobilitie or richer sort still carried away all the great offices and places of state: as for example, - Solon hauing founded the Popular estate in Athens, + Solon having founded the Popular estate in Athens, yet would not that the poore and common sort of the people should have part in - the estates. Neither the Romans hauing chased out their kings (albeit that they + the estates. Neither the Romans having chased out their kings (albeit that they had established a Popular estate) yet so it was, that the honorable offices and preferments were still reserued unto the nobilitie onely. Wee also read, that the first tyrants beeing driuen out, the men @@ -26499,13 +26498,13 @@ diuers of the emperours of Rome did, and as they yet at this present time doe in many places of Affrike: or else the right of the election of the prince remaineth in the people, the prince beeing dead without heires: yea and in some - places the people hauing power for the election of their prince, albeit that + places the people having power for the election of their prince, albeit that their princes have heires male also: as in the kingdomes of Polonia, Bohemia, Hungarie, Denmarke, Sweden, and Norway, where they have oft times thrust their kings out of their kingdomes▪ for staining the maiestie of their gouernment with tyrannie, licentious liuing, or cowardise. So sometimes also the people - hauing had a cruell tyrant, chose for him a iust and courteous prince: or - hauing had an idle, an effeminat, or contemplatiue prince, make choyce of some + having had a cruell tyrant, chose for him a iust and courteous prince: or + having had an idle, an effeminat, or contemplatiue prince, make choyce of some valiant captaine: as did the Romans, who after the death of Numa Pompilius (to rule their religion together with their policie) made choice of Tullus @@ -26513,8 +26512,8 @@ tirants oftentimes succede most iust and vpright princes. commonly it chaunceth, that unto the greatest and most cruell tyrants succeeded the most iust and vpright princes, as men ashamed to follow or imitat the doings of them - whose ends they abhorre; or els vpon certaine conditions, hauing taken the - soueraigntie vppon them, and so hauing their lesson by writing, have also their + whose ends they abhorre; or els vpon certaine conditions, having taken the + soueraigntie vppon them, and so having their lesson by writing, have also their power therein somewhat diminished. So after the vnfortunat end of Marcus Antonius, a man altogether giuen to riot and voluptuous pleasure, succeeded the great Augustus, a most wise & sober prince. So after the miserable @@ -26533,7 +26532,7 @@ that the power to commaund in soueraigntie hath this mischiefe in it, that often times it maketh of a good man, an euill; of an humble man a proud; of a mercifull man a tyrant; of a wise man a foole; and of a valiant man a coward. - For what could be more notable then the first fiue yeares of Nero his raigne? what more excellent then his youth? or who for + For what could be more notable then the first five yeares of Nero his raigne? what more excellent then his youth? or who for modestie was to be compared in the beginning to Tiberius? who so behaved himselfe (as saith Suetonius) as if he had almost beene a priuat man: and being of one called Lord, commaunded him, that he should no more by way of @@ -26545,7 +26544,7 @@ slaue not onely of the Senat, but also of all the citisens in generall, and often times of every one of them in particular. Neither did he any thing in the beginning of his raigne, no not euen in the least things, without the aduise of - the Senat; and yet afterwards hauing well tasted of the power of soueraigntie, + the Senat; and yet afterwards having well tasted of the power of soueraigntie, hee became the most detestable tyrant that euer was for crueltie and voluptuous pleasures. So we read also that Herod the elder raigned six yeares as a good and iust king (as saith Philo) and one and thirtie yeares as a @@ -26631,7 +26630,7 @@ himselfe proudly towards all men, and so drew all mens hatred vpon him: and as for the counsel, the most assured foundation of his grandfathers kingdome, he altogether set it at naught: & to heape vp his mishaps, without any cause - why, renounced the amitie and alliance of the Romans. And so hauing lost both + why, renounced the amitie and alliance of the Romans. And so having lost both all the ornaments of his honour, and the stayes of his assurance, was by the conspiracie of his subiects himselfe with all his friends and kinsfolkes most miserably slaine, and his Monarchie forthwith chaunged into a Popular estate. @@ -26645,7 +26644,7 @@ altogether giuen to riot, succeeding in his place, and banishing his vncle Dion, and confiscating his goods, he was by the same Dion, returning out of exile againe into his owne countrey, with an armie thrust out of his kingdome, and all the fortresses of his tyrannie ouerthrowne: which Dion not long after - being also slaine, the Monarchie was againe chaunged into a Popular estate. Whereby it is to be vnderstood, new princes + being also slaine, the Monarchie was againe chaunged into a Popular estate. Whereby it is to be understood, new princes without great vertues hardly to maintaine their estate: which although it be a thing right, manifest, yet appeareth it more plainely by the example of Herod the elder, vpon @@ -26696,10 +26695,10 @@ kings of Scots, all for wantonnesse to have lost their estates, and most of them slaine vpon the fact doing. Neither is it long since Delmendin and Delmedin, two of the greatest cities of Affrike, were by rebellion dismembred - from the kingdome of Fez, and brought vnder the obeysance of the Portugals, for + from the kingdome of Fez, and brought under the obeysance of the Portugals, for a maiden by force taken from her husband to whome she was betrothed, by the gouernour, who was therefore afterwards slaine: as was also Ahusahid king of Fez himselfe with his six children all massacred by a - secretarie of his, for hauing abused his wife. Neither for any other cause did the people of Constantine (a sea towne in + secretarie of his, for having abused his wife. Neither for any other cause did the people of Constantine (a sea towne in Affrike) chose rather to suffer the commaund of Delcaid a Christian renegat, than to obey the king of Tunes his sonne. And why in our time was Muleasses thrust out of his kingdome, and so @@ -26708,7 +26707,7 @@ afford him any aid, and banished as he was out of his kingdom, yet spent he an hundred crowns vpon the dressing of one peacock, as Paulus Iouius reporteth: and to the end he might better conceiue the pleasure - of musick, stil couered his eyes, as hauing learned a + of musick, stil couered his eyes, as having learned a double pleasure, not to bee so well perceiued by two sences at once: yet such was the iudgement of God vppon him, as that by the commaundement of his sonnes he had his eyes put out with an hot barre of Iron, by little and little drying vp the humors of them, and depriued @@ -26752,14 +26751,14 @@ tyrants▪ either the estate or goods of the tyrants by them slaine, or the greatest honours and preferments in the state, as rewards due to their deserts. So both the one and the other Brutus, obtained - the greatest estates in Rome; the one of them for hauing driuen out the proud - king Tarquin, and the other for hauing slayne Caesar. And Arbaces gouernour of - the Medes hauing brought Sardanapalus king of Assyria to + the greatest estates in Rome; the one of them for having driuen out the proud + king Tarquin, and the other for having slayne Caesar. And Arbaces gouernour of + the Medes having brought Sardanapalus king of Assyria to such extremitie, as that he was glad to burne himselfe alive together with his - concubines and treasures, for reward enioyed his kingdome. So Lewes of Gonzaga hauing slaine Bonacolse, + concubines and treasures, for reward enioyed his kingdome. So Lewes of Gonzaga having slaine Bonacolse, tyrant of Mantua, was by the subiects chosen their prince, his posteritie euer - since by the space of about two hundred and fiftie yeares hauing enioyed that - estate. And the Venetians hauing slaine the + since by the space of about two hundred and fiftie yeares having enioyed that + estate. And the Venetians having slaine the tyrant Eceline, obtained the seigneurie of Padua.

Some others there be, which seeke the tyrants death, and so the chaunge of @@ -26767,7 +26766,7 @@ honor and the deliverance of their countrie, to have procured the tyrants deat and so the changing of the estate▪ - estate; hauing nothing before their eyes but the desire of revenge, and that + estate; having nothing before their eyes but the desire of revenge, and that without either the feare of God, the regard of their countrey, or loue of their neerest and deerest friends: as he which to be revenged of king Roderike, who had rauished his wife, drew the Mahometan Moores into Spaine, who draue out the king, and there vsing an hundred thousand @@ -26779,7 +26778,7 @@ cruell death, respecting onely the deliverance of their countrey, and the honour of the fact: such as were Harmodius; and Aristogiton in Athens, and those which slew Domitian and Caligula the cruell emperours. A thing which most commonly happeneth in the Popular estates, - wherein the new tyrants by force or fraud hauing oppressed the libertie of the + wherein the new tyrants by force or fraud having oppressed the libertie of the people, are neuer assured of themselves, or of their estate, without great and strong garrisons about them. So we see Alexander Medices, nephew to pope Clement the seuenth, @@ -26815,14 +26814,14 @@ conspiracie of Puccinus, neither can bee safe without a strong garrison, so long as the citisens his subiects shall either remember or hope for the rewards of their valour and libertie. And for this cause Dionysius the elder of Syracusa, being chosen generall, - and hauing made himselfe maister of all, and chaunged the Popular estate into a + and having made himselfe maister of all, and chaunged the Popular estate into a Monarchie, had alwaies forty thousand souldiors in readinesse at his call to set forward, beside a great garrison still attendant about his person, and diuers strong holds, onely to keepe the people of Syracusa with a part of Sicilia in subiection. And yet neuerthelesse was he no tyrant, as we call a tyrant, that is to say, a cruell, vitious, and naughtie man: neither was he euer amorous of other mens wiues, but to the contrarie sharply reproued his - sonne (as saith Plutarch) for hauing taken away one + sonne (as saith Plutarch) for having taken away one of his subiects daughters, saying, That he should neuer have one to succeed him in his estate, if he vsed such fashions: as indeed it fell out with him, being shortly after his death chased out of his @@ -26839,7 +26838,7 @@ him the three hundred archers which Romulus his predecessour had taken unto him for his guard, saying, That hee would not distrust a people which had willingly and of themselves put their trust in him: neither yet commaund ouer - them which should distrust him. But Seruius hauing of a + them which should distrust him. But Seruius having of a slaue made himselfe a king, beset himselfe with strong guards, and that wisely, as beeing forsaken of the Senators, who tooke his seruile gouernment in great euill part: For as iust, pleasing, & gracious, as he was, yet had it bene a @@ -26852,7 +26851,7 @@ of the Senat most cruelly slaine: who being before warned to take unto him a guard for the safetie of his person, frankly answered▪ that he had rather to die once for all, than still to languish in feare: wherein he did not wisely so - to refuse a guard, hauing pardoned his greatest enemies (whom he suffered still + to refuse a guard, having pardoned his greatest enemies (whom he suffered still to live) and desiring to chaunge into a Monarchie the free estate of the most warlike people that euer was in the world. Which his course Augustus his successour followed not, but first caused to be put to death all the conspiratours against Caesar, (not so much @@ -26860,7 +26859,7 @@ pretended, as so to prouideThe notable wisdome of Augustus in his gouernment, for the establishing of his estate. for his owne safetie) after that hee still guarded with a strong guard about him, easely kept himselfe from the violence of his enemies: - And albeit that hauing quite discomfited and + And albeit that having quite discomfited and ouerthrowne Sextus Pompeius, and Lepidus, and ouercome Marcus Anthonius in battell at Actium, (who afterwards also slew himselfe) and the other citisens of greatest force and courage, either in battell slaine or otherwise taken out @@ -26871,13 +26870,13 @@ without leaue to depart out of Italie, and committed the gouernment of his legions not unto any the great Lords, but to gentlemen onely, or some of the meanest of the nobilitie. As for the creating of the officers of the citie, he - diuided it betwixt himselfe and the people; yet so as that of such as stood + divided it betwixt himselfe and the people; yet so as that of such as stood for them, he would bring some of them by the hand unto the people, and so recommending unto their choice them whom he wished to have preferred unto the offices and honors: he tooke from the people their free choice, and had the magistrats still beholden and bound unto him. Iustice he daily administred, without intermission, receiuing and answering - every mans request, hauing alwaies before him the records of the publike + every mans request, having alwaies before him the records of the publike reuenues of his forces, and of the prouinces, so that he alone seemed to discharge all the dueties of all the officers. Whereby it euidently appeareth him to have beene a sole Monarque, and soueraigne Prince, whatsoeuer faire @@ -26888,7 +26887,7 @@ debters to be torne and burnt. And yet this so mightie a Prince, endued with so great vertue & wisedome hardly escaped the hands of the wicked conspirators against him, albeit that the most desperat and daungerous sort of them were now - long before dead. But after that the subiects hauing by little and little made + long before dead. But after that the subiects having by little and little made proofe of his justice and wisedome, tasted of the sweetnes of long peace and assured tranquillitie, in steed of cruell and bloodie civill warres,, and that they had to doe, rather with a father than with a lord (as saith Seneca) and so began to loue and reuerence him: he againe @@ -26900,7 +26899,7 @@

Now all Monarchies newly established by the change of an Aristocratie, or PopularHow Aristocraties or Popular estates are changed into Monarchies. estate, have as it were taken their beginning, after - that some one of the magistrats, captaines, or gouernours, hauing the power of + that some one of the magistrats, captaines, or gouernours, having the power of the state in his hand, hath of a companion made himselfe Lord and soueraigne, or else that some straunger hath subdued them, or that those states have willingly submitted themselves unto the lawes & commandements of some other @@ -26941,7 +26940,7 @@ And in Thebes, so long as it was a Popular estate, the law was that the Generall of the armie should be put to death, if he retained the forces aboue a day after the appointed time: which was the cause that the great capitaines Epaminondas and Pelopidas were - condemned to death, for hauing retained their forces foure monethes after + condemned to death, for having retained their forces foure monethes after the time, howbeit that they were by necessitie constrayned so to doe, neither could without the great danger of the State have otherwise done. And so for the same reason almost all the @@ -26961,9 +26960,9 @@ necessity be not verie great: as the Romans did to Camillus, to whom the Dictatorship was prorogued for six monthes, which had neuer to any other person beene graunted. And namely by the law Sempronia it was straitly forbidden that the gouernments of Prouinces should be - graunted unto any for longer time than fiue yeares: which law had it beene + graunted unto any for longer time than five yeares: which law had it beene kept, Caesar had neuer inuaded the estate as he did, - hauing the gouernment of the Gaules by the consent of Pompeius and Crassus graunted for fiue yeares + having the gouernment of the Gaules by the consent of Pompeius and Crassus graunted for five yeares more than the law allowed of; whereunto in that point was derogated in favour of him. Which was a notable ouersight, considering that they had to doe with the most ambitious man that euer was; who so well grounded his power to @@ -26984,7 +26983,7 @@ sparing for no cost for the setting forth of playes, iusts, tournies, feastes, largesses, & other publike delights: In which doing he vpon the publike charge woon the harts of the common people, and gained the honour of a most - gratious and charitable man towards the poore. And yet for all that hauing by + gratious and charitable man towards the poore. And yet for all that having by this meanes gained the soueraigntie, he sought for nothing more than by all meanes to clip and cut off the wealth & power of the people, and to take from them their priuileges: for of three hundred and twentie thousand citisens @@ -26993,7 +26992,7 @@ into diuers Colonies a farre off: and beside that tooke away most part of their fraternities, corporations, and colleges. In briefe it hath alwaies beene seene in all changesAristocratique and Popular Commonweals still ruinated by the - subiects, hauing too much power committed unto them. of + subiects, having too much power committed unto them. of Aristocratique and popular Commonweales, them to have beene still ruinated, which have at any time giuen too much power unto the subiects whereby to exalt themselves: Which thing Iulian the Apostatament by that @@ -27014,7 +27013,7 @@ those of the Athenians and Syracusians, two Commonweales of the selfe same time; when as the Athenians by the default of Niceas their generall, vanquished by the Syracusians and so discomfited, forthwith - chaunged their Popular estate into an Aristocratie of foure hundred men, who yet bare themselves for fiue thousand by the + chaunged their Popular estate into an Aristocratie of foure hundred men, who yet bare themselves for five thousand by the deceit of Pisander: so that the people complayning themselves to be so spoiled of the soueraigntie, and comming to giue voice in the councell, was thence repulsed & driuen @@ -27022,12 +27021,12 @@ slew diuers of the people and discouraged the rest: at which verie time the Syracusians proud of their victorie (to the contrarie) chaunged their Aristocratie into a Popular estate. And within a while after the Athenians - hauing heard news of the great victorie of Alcibiades + having heard news of the great victorie of Alcibiades against the Lacedemonians, tooke vp armes against the foure hundred of the nobilitie, whom they by the leading of Thrasybulus thrust out or slew, and so againe chaunged the Aristocratie into a Popular estate. And in like manner the Thebans ouercome by the Enophites, chaunged - their Popular estate into an Aristocratie. And albeit that the Romans hauing lost two great battels unto Pirrhus changed not their popular estate, yet so it was that indeed it + their Popular estate into an Aristocratie. And albeit that the Romans having lost two great battels unto Pirrhus changed not their popular estate, yet so it was that indeed it was then a faire Aristocratie of three hundred Senators which gouerned the estate, and but in appearance and show a Democratie, or a Popular estate, the people being neuer than then more calme and tractable. But so soone as the @@ -27070,10 +27069,10 @@ it if otherwise it have none. Which was the principall reason that moued Scipio the yonger so much as in him lay, to hinder the rasing of the famous citie of Carthage, wisely foreseeing, that the people of Rome being altogether martiall and warlike, if it had no enemies abroad would - at length be enforced to make war vpon it selfe. For which cause also Onomadesme generall of the Commonweale of Chio, hauing appeased the civill warres, and driuen out the + at length be enforced to make war vpon it selfe. For which cause also Onomadesme generall of the Commonweale of Chio, having appeased the civill warres, and driuen out the most mutinous, would by no meanes banish the the rest, albeit that he was earnestly persuaded so to doe, saying That so it - would be daungerous, least (that hauing cast ōut all the enemies) they should + would be daungerous, least (that having cast ōut all the enemies) they should fall together by the eares with their friends. Howbeit that this reason which hath place for the straunge and forren enemies, is not yet to bee receiued for the maintaining of enemies at home amongst the citisens themselves: and yet in @@ -27081,7 +27080,7 @@ expedient. For he that will have the vpper hand in civill warre, if he shall banish all them that take part with the faction contrarie to his owne, he shall then have no hostages at all left, if the banished shall prepare new warres - against him: but hauing slaine the most outragious and daungerous, and banished + against him: but having slaine the most outragious and daungerous, and banished the most mutinous, he ought still to retaine the remnant; for otherwise hee is to feare least all the exiled together, making warre vppon him, without feare of their friends at home, should so by @@ -27098,12 +27097,12 @@

Yet amongst other conuersions and chaunges of Commonweales, the chaunge of a Popular estate into a Monarchy oftenest happeneth; and that either by civill warres, or through the ignorance of the - people, hauing giuen too much power to some one of the subiects, as we have + people, having giuen too much power to some one of the subiects, as we have before said. For Cicero speaking of the civill warres betwixt Caesar and Pompey, saith, Ex victoria cum multa, tum certe Tyrannis existit, Of victorie ensue many things, but especially a Tyrannicall gouernment. For that - almost alwaies in civill warres the people is diuided: wherein if it so fall + almost alwaies in civill warres the people is divided: wherein if it so fall out, that the leaders of the factions bring the matter unto the tryall of a battaile, no man can doubt but that hee who therein shall carrie away the victorie, possessed of the forces and powers, shall either for ambition and the @@ -27193,7 +27192,7 @@ after changed their estate into an Aristocratie; they which in nobilitie and wealth exceed the rest, altogether disdaining to be made equall with the common sort of the people. But theThe fickle and turbulent estate - of the Florentines nobilitie hauing so got the soueraigntie, began + of the Florentines nobilitie having so got the soueraigntie, began also to striue amongst themselves for the principalitie: and with mutuall hatred and proscriptions so weakned themselves and their estate, as that they were by the @@ -27203,14 +27202,14 @@ began to striue and contend among themselves, for the gouernment of the state: and yet these much more cruelly than had before the nobilitie; for that they contended not by forme of iustice, or of law, but by verie force of armes, and - dint of sword; who hauing with mutuall slaughters spent themselves, the middle - sort of the people (for they were diuided into three sorts) began to take vpon + dint of sword; who having with mutuall slaughters spent themselves, the middle + sort of the people (for they were divided into three sorts) began to take vpon them the mannaging of the estate: but these also falling together by the eares for places of honour and commaund, the verie basest and refuse of the rascal people, became too strong for them, filling all places with the blood and slaughter of them, vntill they had driuen out and slaine the most part of them. Now these also of the baser sort become masters - of the estate, and hauing no moe enemies left with whome to striue, began at + of the estate, and having no moe enemies left with whome to striue, began at length to struggle with it selfe, and made such cruell warre vpon it selfe, that the blood ran down the streets, yea & that most part of the houses were with fire quite consumed, vntill that they of Luca moued with their great @@ -27224,13 +27223,13 @@ the Florentines themselves, came to Florence, and with the good liking of the people in generall, tooke vpon him the gouernment, ended their quarrels, and reconciled the citisens among themselves, together with the Commonweale: and so - hauing appeased the citisens, and reformed the Commonweale, being inuited to + having appeased the citisens, and reformed the Commonweale, being inuited to the kingdome of Naples, he left in the citie of Florence his deputies. But he was scarce well gone out of the citie, but that the Florentines wearie of the gouernment of the deputies, came againe unto their popular gouernment, and so - with all renewed their civill warres. For redresse whereof they sent for the duke of Athens, who hauing taken vpon him + with all renewed their civill warres. For redresse whereof they sent for the duke of Athens, who having taken vpon him the soueraigntie, commaunded the citisens to lay downe armes, and for the - safetie of his person, tooke unto him a strong guard, so to keepe vnder the + safetie of his person, tooke unto him a strong guard, so to keepe under the seditious and rebellious persons. But the citisens now supposing themselves so to be spoyled of their libertie, and brought into bondage by the terrour of his guard, turned their old mutuall hatred all vppon the prince, first secretly, @@ -27240,7 +27239,7 @@ together with the souldiours which guarded him: neither could that so strait a siege be broken vp, vntill the prince was content himselfe with all his familie to void the city: which for safegard of his - life he was glad to do, not hauing yet a whole yeare gouerned the state. So the + life he was glad to do, not having yet a whole yeare gouerned the state. So the citie delivered of the feare of a master, appointed a forme of an Aristocratie, not much vnlike unto a Popular estate; deuising new names for their officers and magistrats, still chaunging and rechaunging them with the manner of their @@ -27292,13 +27291,13 @@ gouernours giue leaue to all straungers to come and dwell in their cities or countries: who by little and little encreasing, and in wealth and credit growing equall with the naturall subiects - or citisens, and hauing no part in the gouernment, if they shall chance to be + or citisens, and having no part in the gouernment, if they shall chance to be surcharged, or otherwise euill entreated of the gouernours of the state, will vpponMultitude of straungers in an Aristocratie daungerous. the least occasion rise vp against them, and so haply chase euen the naturall lords out of their own countrey: As it chaunced at Sienna, at Genes, at Zurike, and at Cullen; where the straungers encreasing, - and seeing themselves surcharged and euill entreated, without hauing any part + and seeing themselves surcharged and euill entreated, without having any part or interest in the estate, draue out the gouernours and slew most part of them. And namely they of Lindaw, after they had slaine the gouernors, chaunged their Aristocratie into a Democratie or Popular estate: as also did the inhabitants @@ -27315,7 +27314,7 @@ into a Popular gouernment. The like hapned unto the Aristocratique Commonweales of the Samians, the Sibarites, the Trezenians, the Amphipolits, the Chalcidians, the Thurians, the Cnidians, and - them of Chio, who were all by strangers changed into popular estates, hauing + them of Chio, who were all by strangers changed into popular estates, having with their multitude thrust out the naturall Lords and gouernours. Which is the thing most to be feared in the Venetian estate, which we have before showed to be a meere Aristocratie, and receptacle of all straungers, who have there so @@ -27324,11 +27323,11 @@ number of them which was there taken 20 yeares agoe, or thereabouts: wherein were found nine and fiftie thousand three hundred fortie nine citisens, aboue twentie yeares old; and threescore seauen - thousand fiue hundred fiftie seauen women: two thousand one hundred eightie - fiueThe number of the inhabitants of Venice in the yeare + thousand five hundred fiftie seauen women: two thousand one hundred eightie + fiveThe number of the inhabitants of Venice in the yeare 1555. Religious men, 1157 Iewes: which are in all, an hundred thirtie and two thousand three hundred and thirtie persons; whereunto putting a third - part more for the number of them which are vnder twentie yeares old, (taking + part more for the number of them which are under twentie yeares old, (taking the ordinary age and the lives of men to be 60 yeares, as the law preineth) it amounteth to the number of about an hundred seauentie six thousand foure hundred and fortie citisens, beside straungers. In @@ -27355,7 +27354,7 @@ commotion of the citisens, Is the mutuall amitie and concord of the gouernours and gentlemen among themselves; and the sweetnes of libertie, which is greater in that citie than in any other place of the world: so that beeing drowned in - pleasure and delights, and hauing also part in certeine honors and meane + pleasure and delights, and having also part in certeine honors and meane offices, whereof the gentlemen are not capable, they have no occasion to stirre for the chaunging of the estate; as had those of whom I have before spoken, who were not onely debarred of all offices, but by the gouernors of the State @@ -27367,7 +27366,7 @@ happeneth almost alwaies: whereas to the contrarie it commeth to passe that Popular estates chaunge into Aristocraties by a more gentle and insensible chaunge. As when entrance is giuen unto straungers, who in tract of time by - little and little plant themselves, and multiplie, without hauing any part in + little and little plant themselves, and multiplie, without having any part in the estate and gouernment, it falleth out in the end that the naturall citisen employed in publique charges, or in the warres, or by popular diseases wasted, do so decay; the straungers still encreasing: whereby @@ -27377,7 +27376,7 @@ unto the Venetians, the Luques, them of Rhaguse, & of Genes, which being in auntient time Popular estates, have by little and little as it were without feeling, changed into Aristocraties: ioyning hereunto also, that the poorer - sort of the citisens hauing much a do to live, & so wholly intentiue unto + sort of the citisens having much a do to live, & so wholly intentiue unto their domesticall and priuat affaires, shun all publike charges without profit: and so by succession and prescription of time exclude themselves with their families from entermeddling with the state. And this maner of change in the @@ -27481,7 +27480,7 @@ the rest, and commaunded the state of the citie. And for like occasion arose great civill warres amongst the Ardeates, for an inheretrix, whome her mother would have married unto a gentleman, and - her guardions to a base obscure man: which diuided the people from the + her guardions to a base obscure man: which divided the people from the nobilitie, in such sort, that the nobilitie vanquished and put to flight by the people, tooke their refuge unto the Romans, and the people unto the Volsians, who were afterwards vanquished by the Romans. So also the citie & @@ -27523,7 +27522,7 @@ Athens, which he had mannaged, and so generally of his actions, raised the Peloponesian warre, which neuer after tooke end vntill it had ruinated diuers Commonweals, and wholly chaunged the estate of all the cities of Greece. Who - alwaies hauing bene a good husband, and had the charge of the common treasure + alwaies having bene a good husband, and had the charge of the common treasure of that Commonweale, by the space of almost fiftie yeares, was therefore yet found neuer the richer, as Thucydides, a most true historiographer, and Pericles his most mortall enemie @@ -27602,8 +27601,8 @@ slaine. I said we must kill such people,Great men enmies unto the estate, are either to be slaine, or by great kindnes to be made therunto faithfull friends. or make them our - good friends: as did Augustus, hauing discouered the - conspiracie of Cinna against him, and hauing him in his + good friends: as did Augustus, having discouered the + conspiracie of Cinna against him, and having him in his power attainted and conuinced by his owne letters, yet neuerthelesse pardoned him; and not so content, tooke him by the hand, and swore a bond of mutuall friendship with him, and afterwards bestowed the greatest honours and @@ -27624,7 +27623,7 @@ infinite number of such as had sworne and conspired his death: but now had a purpose in Cinna to proue if by gentlenesse and mercie he could gaine the hearts of men, wherein he was not deceiued: for from that - time there was neuer any found which durst attempt any thing against him. So the Venetians also hauing taken prisoner Gonzaga the duke of Mantua, of all others their most mortall enemie, (who had ioyned all his forces and + time there was neuer any found which durst attempt any thing against him. So the Venetians also having taken prisoner Gonzaga the duke of Mantua, of all others their most mortall enemie, (who had ioyned all his forces and power with king Lewes of Fraunce for the ouerthrow of the Venetian state) did not onely set him at libertie, but made him Generall also of their forces; by which so honorable a kindnesse he bound, for euer @@ -27632,18 +27631,18 @@ great armie of the Romans surprised in the straites of the Appenine mountaines was either franke and freely to bee set at libertie, or else all to be put to the sword: for that so it should come to passe, that either the power of the - Romans should by so great a slaughter be greatly weakned, or else hauing + Romans should by so great a slaughter be greatly weakned, or else having receiued from the Samnites so great a benefit, as the life and libertie of so many men, they should for euer after keepe good league and friendship with them.

But these conuersions and chaunges of Commonweales do more often happen inSmall Commonweales more subiect unto change than great. little and small cities or estates, than in great kingdomes full of great - prouinces, and people. For that a small Commonweale is soone diuided into two - parts or factions: Whereas a great Commonweale is much more hardly diuided; for + prouinces, and people. For that a small Commonweale is soone divided into two + parts or factions: Whereas a great Commonweale is much more hardly divided; for that betwixt the great Lords and the meanest subiects, betwixt the rich and the poore, betwixt the good and the bad, there are a great number of the middle sort which bind the one with the other, by meanes that they participate both - with the one and the other, as hauing some accord and agreement with both the + with the one and the other, as having some accord and agreement with both the extreames. And that it is for which we see the little Commonweales of Italie, & the auntient Commonweals of Greece, which had but one, two, or three townes or cities belonging to them, in one age to @@ -27671,7 +27670,7 @@ discreet prince; for that he so not onely ioyned houses to houses, and wals to wals, but bound also the mindes of the citisens and inhabitants of both places (before burning with an incredible hatred one of them against an other, and - alwaies diuided in warres) now in perpetuall loue and friendship together. + alwaies divided in warres) now in perpetuall loue and friendship together. Which hapned also unto the Clazomenians, where one part of the citie standing in the maine, and the other part in an Island, there was alwaies discord and warre betwixt them of the Isle and the @@ -27706,7 +27705,7 @@ and of Telesin dismembred those two prouinces to make himselfe a kingdome of. And by the same meanes Lachares seeing the Athenians in combustion, in the time of Demetrius the besieger, stept - into the Seignorie. And that more is, we read that foure thousand fiue hundred + into the Seignorie. And that more is, we read that foure thousand five hundred Slaves and banished men inuaded the Capitoll, and missed but a little to have made themselves lords of Rome, whilest the Nobilitie and Common people in the meane time were together by the eares in an vproar in the middest of the citie, @@ -27753,7 +27752,7 @@ blood if they have other princes: yea sometime the captiue king himselfe had rather to yeeld vp his estate, or else to die a prisoner, than to grieue his subiects with his too heauie a ransome. As indeed that which most troubled the - Emperour Charles the fift was the resolution of king Francis then his prisoner, who gaue him to vnderstand + Emperour Charles the fift was the resolution of king Francis then his prisoner, who gaue him to understand that he wasThe resolution of Francis the French king, being prisoner to the Emperour Charles the fift. vpon the point to resigne his kingdome unto his eldest sonne, if he would not accept of the conditions by him offered: @@ -27787,7 +27786,7 @@ foundedThe insensible stanging of the Venetian estate, and of the state of the German Empire. by Charlemaigne and discending to his posteritie, so long - continued a true Monarchie vnder one soueraigne princes gouernment, vntill that + continued a true Monarchie under one soueraigne princes gouernment, vntill that the line of Charlemaigne fayling, the Emperours begun to be created by @@ -27869,7 +27868,7 @@ kingThe most daungerous chaunge of a Monarchie. dying without issue, there is some one who in wealth and power exceedeth the rest; & so much the more, if he be also ambitious and desirous of rule: For - no doubt, but that hauing the power in his hand, hee will, if hee can, take the + no doubt, but that having the power in his hand, hee will, if hee can, take the soueraigntie from the other weake princes. For so Hugh Capet the right line of Charlemaigne ended, being Prouost of the citie of Paris, and a man of @@ -27888,8 +27887,8 @@ the people hath of long conceiued of the valour and maiesty of the Othoman familie. A notable example of such change of state wee have in the chaunge of the Lacedemonian kingdome: where Cleomenes the king vanquished and put to flight by Antigonus, the kingdome was chaunged into a Popular estate, which so continued for three yeares: during which time the people made - choyce of fiue Prouosts, or chiefe magistrats, whome they called Ephori, chosen - out of the people themselves: but newes being brought of the death of Cleomenes, slaine in Aegypt, two of the fiue Ephori + choyce of five Prouosts, or chiefe magistrats, whome they called Ephori, chosen + out of the people themselves: but newes being brought of the death of Cleomenes, slaine in Aegypt, two of the five Ephori conspired against the other three their companions and fellowes in office: and so as they were doing sacrifice, caused them to be slaine: which done, they proceed to the election of Agesipolis for their king, a @@ -27901,7 +27900,7 @@ discended from Hercules, being for his pouerty and want of ability excluded, who not able to endure so great an indignity offered unto his house and family, procured all the magistrats to be slaine: Lycurgus himselfe onely escaping, who after great - effusion of blood, held the soueraignty himselfe alone, hauing before almost + effusion of blood, held the soueraignty himselfe alone, having before almost quite destroyed the royall race of the Heraclides posterity of Hercules. And thus much concerning the chaunge and ruine of Commonweales, which whether they may by any meanes be forseene and preuented, let vs now also see. @@ -27950,7 +27949,7 @@ seldome times showeth it selfe immediatly without the comming betwixt of meane causes; neither doth he it without greatest force and most sudden violence: as when he in one and the selfe same moment with wonderfull fire, and reuenging - flames, destroyed the fiue cities with Sodome and Gomorrha: and so + flames, destroyed the five cities with Sodome and Gomorrha: and so chaungedGod his inmediate iudgment most suden and most dreadfull. also the place then full of most sweet waters and aboundance of fish, with a most stinking @@ -27979,7 +27978,7 @@ Commonweales are to be foresee - Yet by these naturall causes hauing in them this power (which are many + Yet by these naturall causes having in them this power (which are many and diuers) we meane not civill causes, whereunto the chaunge and ruine of cities and Commonweales must needs immediatly follow: as when good deserts goe vnrewarded, and great offences vnregarded, who knoweth not but that such a @@ -28039,7 +28038,7 @@ euen also other things, which from their first beginning have innumerable worlds of yeares flourished, must at length in tract of time fall also and take end. And albeit that Plato the prince of Phylosophers, - hauing not as yet the knowledge of the celestiall motions, and so much lesse of + having not as yet the knowledge of the celestiall motions, and so much lesse of their effects (which as then was couered in most thicke darknesse and clouds) when as he with a notable inuention had conceited such a forme of a Commonweale, as seemed unto many to bee @@ -28070,7 +28069,7 @@ also have their beginnings, their encreasings, their flourishing estates, their changings, and ruines: yet when these chaunges shall be, or ruines, or destructions betide them, we see it by no learning to bee perceiued or - vnderstood. For as for that which Plato hath written, + understood. For as for that which Plato hath written, Kingdomes then to fall and take end, when as the sweet consent and harmonie of them should perish and decay; is a thing not worth the refutation: whereof yet for all that more in due place shall be said.

@@ -28154,7 +28153,7 @@ beginning of the yeare, from whom all the mathematicall scienses tooke not onely their beginning, but were from them to all other nations of the world deriued also. So Iulius Firmicus writeth, the Aegyptians - hauing receiued it from their ancestors, to have delivered it unto posterity, + having receiued it from their ancestors, to have delivered it unto posterity, The sunne in the beginning of the world to have bene placed in the last part of Libra. The same was also the opinion of the Indians, who are yet worshippers of the Sunne, & of the Moone, as the Spaniards have reported. And although the @@ -28264,7 +28263,7 @@ traffique, or otherwise studious of Philosophie, and all kind of learning, how can it come to passe, that these things should agree, or bee applied unto the Romans, a people of all others most couragious and warlike? Howbeit that Taruntius in this his figure, or Horoscope of the - foundation of Rome, is most shamefully deceiued, as hauing therein placed the + foundation of Rome, is most shamefully deceiued, as having therein placed the celestiall orbes in a situation quite contrarie unto nature, viz. Venus opposit unto the Sunne: which yet can neuer @@ -28282,7 +28281,7 @@ vpon this demonstration of the celestial motions, without cause blameth Iulius Maturnus, for that he placed the Sunne in the first house, and Mercurie in the tenth, which cannot be (saith he) except the sun should be from Mercurie the - fourth part of the circle (or three signes distant:) not hauing regard, that the globe may so be placed, to encline + fourth part of the circle (or three signes distant:) not having regard, that the globe may so be placed, to encline unto the North, as that the sun rising, Mercurie may come unto the meridian, yea unto the tenth house two houres before noone, and yet not be thirtie dgrees from the sunne. But Plutarch @@ -28373,9 +28372,9 @@ againe after that, was with fire and sword most cruelly wasted by the armie of Galienus the Emperour, all the citisens therein being either slaine, or else caried away into captiuitie. Yet ceased it not for all - that to be still the seat of the Greeke empire, vntill that the Frenchmen and Flemings vnder the conduct of Baldwin Earle of Flaunders seized thereon; which they + that to be still the seat of the Greeke empire, vntill that the Frenchmen and Flemings under the conduct of Baldwin Earle of Flaunders seized thereon; which they held together with the Empire, vntill that about fiftie yeares after they were - by the Palaeologi againe driuen out: who hauing so + by the Palaeologi againe driuen out: who having so recouered the citie there raigned, vntill that it was by Mahomet the great Turke woon. All which changes of the Empire, and ruines of the citie, Gauricus neuer touched; neither did Cardan himselfe so much as suspect them: otherwise I @@ -28410,7 +28409,7 @@ of the superiour Planets. And to mee it seemeth right straunge, whie Iohn Picus Earle of Mirandula hath without farther search; accounted of the shamefull errours of this man, concerning the knowledge of the Celestiall Spheres, as of most certeine & approued - demonstrations; who hauing noted six and thirtie great coniunctions of + demonstrations; who having noted six and thirtie great coniunctions of the superiour planets, Iupiter & Saturne, since an hundred and fifteene yeares after the creation of the world, unto the yeare of our Lord Christ 1385, there are not of them six true, and @@ -28429,7 +28428,7 @@ since the creation of the world, following therein the errours of Alphonsus, Eusebius, and Beda; which the great consent not of the Hebrewes onely, but of all Christians also hath long ago reiected: so soone as by the old interpretation of the Bible it - was perceiued them to have erred in their account aboue a thousand fiue hundred + was perceiued them to have erred in their account aboue a thousand five hundred yeares: whereas all Churches at this present follow the more certeine account of Philo the Iew, who followed almost the mean betwixt Iosephus and the later Hebrewes: for Iosephus differeth 342 yeares, and Philo but an 160 from the other Hebrewes. Whereof it is to be @@ -28448,8 +28447,8 @@ nature and motion of the celestiall Spheres, which is manifest unto every man which shall more narrowly looke thereinto, or take account of the motions of the Planets from thence unto these times: not to speake of that, that he placed - the Sunne in the xix degree of Aries, and Mercurie in the xv of Gemini, hauing - so against nature diuided the one of them from the other six and fiftie + the Sunne in the xix degree of Aries, and Mercurie in the xv of Gemini, having + so against nature divided the one of them from the other six and fiftie degrees, as we have before declared: viz. that Mercurie when he is farthest from the Sunne, neuer to be farther off than six and thirtie degrees. Which may suffice in passing by, ot show that the Hypothesis @@ -28461,7 +28460,7 @@ vnskilfull, are more light and farther from the antiquirie of the Chaldeis, than that they deserue to be refelled.

-

But how much more certainlie and better do they, which hauing consideratlie +

But how much more certainlie and better do they, which having consideratlie looked thorow the antiquities of the Hebrewes, and the animaduertions of Copernicus (who most diligently corrected the errors of Alphonsus, and of the Arabians) going orderly retrograde from these oppositions and coniunctions of the Planets which we now @@ -28534,7 +28533,7 @@ but in certaine countries and places onely, whereby they have by a certain coniecture iudged this or that signe to be by God deputed unto this or that countrie. And hereof according to the power of - the foure elements they have diuided the twelue celestiall signes into foure + the foure elements they have divided the twelue celestiall signes into foure parts, and have thereof left certaine instructions to posteritie: whereof for all that because they were not by long experience approued they could make no certaine art: as the Chaldies haveThe vanitie of the @@ -28549,7 +28548,7 @@ supposed an hundred fourescore foure thousand to be past. But a certaine Aegiptian priest vaunted before Solon, the Aegiptians his countrie men to have an historie of twentie thousand yeares written in - Hieroglyphicall letters. And a little while after Herodotus (called the father of historie) vnderstood from the same + Hieroglyphicall letters. And a little while after Herodotus (called the father of historie) understood from the same Aegiptians, recordes of thirteene thousand yeares to be extant in their sacred letters. Diodorus yonger then the rest going into Aegipt to find out the trueth, heard certaine Priests to say antiquities of three and @@ -28577,7 +28576,7 @@ in the time of Adrian the emperour, about foure hundred yeares after Nabonassar. Wherefore it ought not to seeme straunge to any man, if he neuersomuch as once suspected the motion of - trepidation, neither vnderstood the reuolution + trepidation, neither understood the reuolution of the eight Sphere: yea he well observed not the Equinoctials: For hee saith, The Equinoctium to have bene the the twentie sixt of September, after the sunne rising: which Hisparchus had taught to have happened 285 @@ -28585,7 +28584,7 @@ be perceiued in the time of our ancestors: as not long ago Io. Regiomontanus shewed the motion of trepidation, before unto Astronomers vnknowne. Wherefore by what meanes could they by any art conclude mens fortunes, or the chaunges and ruines of cities and Commonweales, who - vnderstood not so much as the celestiall motions, and much lesse the histories + understood not so much as the celestiall motions, and much lesse the histories of all nations, when as yet they scarcely knew the tenth part of the world? @@ -28608,7 +28607,7 @@ fix starres are found since the beginning of the world to have passed through the fourth part of the eight Sphere: but since the time wherein the course of the celestiall Spheres began first to bee of the - Chaldeis noted vnder king Nabonassar unto this our time, + Chaldeis noted under king Nabonassar unto this our time, to have ouergone almost a whole signe, , or which is all one, the Equinoctials in @@ -28650,7 +28649,7 @@ was made, and that Popular estates transferred unto the soueraigntie of Caesar alone, the superiour planets with a great coniunction met together in Scorpio: which coniunction chaunged againe about seauen hundred yeares after: at which time innumerable legions of the Arabians - hauing receiued the new doctrine of Muhamed, + having receiued the new doctrine of Muhamed, rebelled against the Greeke emperours, subdued a great part of the East Asia, abolished the orders, customes, rites, @@ -28684,7 +28683,7 @@ same planets chaunced in Capricorne, after which ensued wonderfull chaunges not onely of Commonweales, but euen of empires and kingdomes also: Constantine the Great being therein - chiefe doer: who hauing put to flight and slaine foure emperors, and translated + chiefe doer: who having put to flight and slaine foure emperors, and translated the seat of the empire from the West into the East, by a perpetuall law tooke away the vaine and superstitious worshipping of the Paynim gods. We see also, that after the coniunction of the same planers in Aquarius, in the yeare 430, @@ -28709,7 +28708,7 @@ diuers countries, inuaded a part of Greece, and ouerran Italie: and the Danes were then vp in great civill warres: when as at the same time Charlemaigne made himselfe Lord of Germanie, tooke away the Paynim superstition in Saxonie, and chaunged all the Commonweales and principalities - in Germanie, and Hungarie, which he brought vnder his obeysance. With this + in Germanie, and Hungarie, which he brought under his obeysance. With this great coniunction happened also foure eclipses: which hath not happened since: but six hundred thirtie six yeares after, viz. in the yeare 1544, in which time haply there had bene @@ -28944,7 +28943,7 @@ the moneth opposite to September. Octauius Augustus was also borne in September,What times of the yeare the notable chaunces and chaunges of the world most commonly happen in. and so - likewise in the same moneth of September dyed. Whereby it is to be vnderstood, + likewise in the same moneth of September dyed. Whereby it is to be understood, Autumne and especially that moneth wherein the world was created, viz. September, in a sort to carie as a marke @@ -28964,7 +28963,7 @@ taxed. all that it beseemeth him to have more modestly writ: But Maximilian was so farre from the soueraigntie which he had in his vaine hope conceiued, as that he yet liuing, and with the German hoast also looking on: Sultan Solyman without any - empeachment hauing farre and wide wasted the borders of the Empire, besieged + empeachment having farre and wide wasted the borders of the Empire, besieged and forced Sigeth the strongest place of the Empire, yea of all Europe: showing well that he should not have too far assured himselfe vpon the prophecie of Luther, who hath left in writing @@ -28975,7 +28974,7 @@ could he have such certein knowledge of the end of the world, neuer as yet unto the Angels themselves reuealed? For all which he bringeth no other reason, but that the Christian religion must together with the world take end in the - waterie triplicitie, for that Christ Iesus himselfe was borne vnder the waterie + waterie triplicitie, for that Christ Iesus himselfe was borne under the waterie triplicitie; willing as should seeme to bring in an other deluge: Wherein he showeth no lesse impietie then ignorance, whether we respect the maximes of the Astrologers, who affirme and say that neuer planet ruinateth his owne house, @@ -29083,7 +29082,7 @@ rend="〈 in non-latin alphabet 〉" instant="false"/>. As for the nuptiall number he defineth it to be, that number which beginning of an vnitie, as of a - mayden inuiolate is diuided in a double or triple sort of consent, in such sort + mayden inuiolate is divided in a double or triple sort of consent, in such sort as that the male, that is to say the odd numbers shall in continuate order be placed on the right hand, and the female, that is to say, the euen numbers on the left hand in this sort and order. As @@ -29163,7 +29162,7 @@ of a CommonwealMusike to be of great force, for the chaunging or maintaining of a Commonweale. chaunged, the Commonweale should it selfe therefore take chaunge. Whereof for all that we have a most memorable example, of the - Commonweale of the Cynethenses in Arcadia, who hauing giuen ouer the pleasure + Commonweale of the Cynethenses in Arcadia, who having giuen ouer the pleasure of musique, shortly after fell into such sedition and civill warres, as wherein no kind of crueltie was forgotten, or not put in execution: whereat every man marueling why this people was become so wilde and barbarors, seeing that all @@ -29232,7 +29231,7 @@ (as his manner is) when as for the obscuritie thereof he had not wherefore he might reproue him. - Proclus also hauing curiously enough enterpreted seauen + Proclus also having curiously enough enterpreted seauen of Plato his bookes de Republica: @@ -29252,7 +29251,7 @@ 3, 4, 5. and therunto he supposeth those wordes of Plato to be referred, sesqui tertia radix quinario coniuncta: sesqui tertia the radix or root ioyned unto the - number of fiue for the proportion of 3, 2, 4. is the proportion sesqui tertia. But in that he is deceiued for that he + number of five for the proportion of 3, 2, 4. is the proportion sesqui tertia. But in that he is deceiued for that he hath brought in a plaine number, whenas it appeareth Plato his meaning to have bene to have a solid number sought out, which should in it selfe containe all kind of numbers, excepting the numbers perfect. Yet Philo of these radicall numbers, 3, 4, @@ -29280,10 +29279,10 @@ spaces in foure tearmes comprehended; whereof are made numbers among themselves both like, and vnlike, numbers encreased, and diminished, which may be called by their owne names, and compared among themselves: whose - sesquitertiall radix ioyned unto the number of fiue, maketh two consents + sesquitertiall radix ioyned unto the number of five, maketh two consents thrice encreased, one equall equally: an hundred times an hundred: an other equall, on one part of it selfe longer, of an hundred dimetients, which - might among themselves be compared, the numbers of fiue detracted lesse by + might among themselves be compared, the numbers of five detracted lesse by the vnitie: but two of ineffable proportion: but an hundred @@ -29292,25 +29291,25 @@ Geometricall proportion, is in worldly things most mightie, to them which have either the better or the worse beginning. Here Plato is sylie led away, not vnlike the fish - Polypus, hauing on every sideObscuritie by Plato and many + Polypus, having on every sideObscuritie by Plato and many the auntient writers of purpose in their writings affected. cast out his blacking like ynke, lest otherwise he should have beene entangled and - caught. Wherein truely he seemed to have imitated Heraclitus, to vnderstand whose writings he said a man had need of a + caught. Wherein truely he seemed to have imitated Heraclitus, to understand whose writings he said a man had need of a most skilfull interpretour. Which obscure kind of writing and speaking by Heraclitus deuised (when as he most often would beat into his Schollers eares that his , that is to say speake obscurelie) is oft times vsed not of Plato onely, but euen of Aristotle him selfe also, to the intent that - so hauing cast a mist before his eyes aswell + so having cast a mist before his eyes aswell of the learned as of the vnlearned, concerning the knowledge of most difficult things, and shut vp in the hidden secrets of nature, they might themselves become therefore the more admirable. Which thing we especially note in the bookes of nature; which bookes Aristotle boasteth himselfe of purpose to have so writ, as that he would not have them to be - vnderstood, imitating therein Plato his most obscure + understood, imitating therein Plato his most obscure Timaeus: Which thing Lucilius writ also of him selfe, - that he had rather not to be at all vnderstood, then to be reprehended or found + that he had rather not to be at all understood, then to be reprehended or found fault with all. But let vs discouer Plato his deceit by those things which he himselfe writethPlato discouered and in some sort refuted. more plainly, that we may more certeinly iudge @@ -29369,7 +29368,7 @@ putrifcation. But as saith the Poet: Numero Deus impare gaudet, God delighteth in an odd number. And odd numbers are attributed unto men: For that which Seneca writeth: Septimus quisque annus aetati notam imprimit, every - seauenth yeare imprinteth some marke into age, is to be vnderstood onely of the + seauenth yeare imprinteth some marke into age, is to be understood onely of the male sexe: for experience showeth vs euen unto the view of the eye, that the number of six maketh a chaunge, and leaueth a marke unto the female kind: So that as men begin to @@ -29415,7 +29414,7 @@ often times bring ruine and destruction unto Commonweales. For that which we have alleaged out of Seneca and Censorius every seauenth yeare to imprint some marke into the age of man, and so the daungers of mens lives & - substance to happen still vpon their seauenth yeares: vnderstand that to belong + substance to happen still vpon their seauenth yeares: understand that to belong especially unto men. Of which mine opinion I have vse aud experience the authour: For it is every sixt yeare which leaueth a most certaine note of it selfe unto women. And first to begin withall the strength of bodie and of mind @@ -29507,8 +29506,8 @@ did S. Hierom and Isocrates, who lived 91 yeares. Plinie, Bartholus, and Caesar lived fiftie sixe yeares, which is eight times seauen yeares: Lamech lived 777 yeares, and Methusala (who of all others lived the longest) 970 - yeares: Abraham lived an hundred seauentie and fiue - yeares, which are fiue and twentie times seauen yeares: Iacob 147 yeares, which are xxi septinaries, or spaces of seauen + yeares: Abraham lived an hundred seauentie and five + yeares, which are five and twentie times seauen yeares: Iacob 147 yeares, which are xxi septinaries, or spaces of seauen yeres: Isaac lived 190 yeares, which make xx times nine yeares: Dauid lived seauentie yeares, which make ten times seauen yeares. An infinit thing it were to @@ -29526,7 +29525,7 @@ seauenth moneth to live: but none to have lived being borne in the eight moneth: a child also in the seuenth yeare to have all the teeth, and that men (as Plinie writeth it to have bene euen from the - farthest memorie of men observed) hauing bene kept from meat seuen dayes, + farthest memorie of men observed) having bene kept from meat seuen dayes, albeit they may live longer, shall yet The Saboath or Seauenth day of all other daies the most @@ -29554,7 +29553,7 @@ contained: yet is not therefore the number of seauen a number perfect, for that it is odd and masculine: whereas all perfect numbers are euen and feminine. For why,What a perfect number is? the Mathematitians - define that to be perfect, which may bee diuided into the same whole parts, whereof it is made, so that in such diuision + define that to be perfect, which may bee divided into the same whole parts, whereof it is made, so that in such diuision nothing be wanting or superfluous. As 1, 2, 3, make sixe: which three numbers do also equally diuide sixe into equall parts, as it was of them made, as it is in other perfect numbers also. Lactantius @@ -29566,7 +29565,7 @@ perfect and full numbers: and also Cicero, who deceiued many, in calling the numbers of seuen andIn somnio scipionis. eightfull numbers; which Macrobius - vnderstandeth to bee solide, and others to bee perfect numbers: neither of + understandeth to bee solide, and others to bee perfect numbers: neither of which can truely bee said of the number of seuen: as for the number of eight it is indeed a solid, but not therefore a perfect number. With like errour is Plutarch himselfe deceiued, who writeth, Three to be a number perfect: howbeit that Aristotle deemeth the force @@ -29586,7 +29585,7 @@ the changes of cities and Commonweales. 496, which is made of seuentie septenaries of yeares, and a perfect number: it being also a thing by most auntient antiquitie observed, All cities in the - reuolution of fiue hundred yeares, to suffer either some great chaunge, or else some vtter ruine. But these numbers + reuolution of five hundred yeares, to suffer either some great chaunge, or else some vtter ruine. But these numbers touching the chaunge or ruine of cities and Commonweales, may be two wayes applyed, viz. unto the princes themselves, or els unto the continuance of their kingdomes and empires. As if a man should say, This @@ -29639,7 +29638,7 @@ Wherein we see, that from the foundation of the citie, and of the Roman Commonweale unto the battaile of Actium, wherein Marcus Antonius was by Augustus vanquished, and the - whole empire brought vnder the power of one onely Monarch, and a generall peace + whole empire brought under the power of one onely Monarch, and a generall peace established throughout the world, there are accounted 729 yeares, the solide number of nine. The same number of yeres passed from the conquest of the kingdome of the Lombards by Charlemaigne, unto the @@ -29647,7 +29646,7 @@ the Sforces. The like number of yeares is accounted also from the ouerthrow of the kingdom of the Picts, and the great victorie of the Scots unto the captiuitie of Marie Steward their queene. As also from - Egbert king of the West Saxons (who hauing vanquished + Egbert king of the West Saxons (who having vanquished the East Saxons, made himselfe the sole Monarch of England, and called the people Englishmen) unto queene Marie, who was the first woman that tooke vpon her the soueraigntie of that people in fourteene hundred @@ -29698,7 +29697,7 @@ Consull (at which time the Commonweale was fallen into extreame danger) are numbred 536 yeres, that is to say 77 septinaries of yeres: And from thence unto the slaughter by the Romans, - receiued from the Germans, vnder the conduct of Quinctilius + receiued from the Germans, under the conduct of Quinctilius Varro, are passed 224 yeares, a number consisting of whole septenaries: both which ouerthrowes happened the second day of August, as is by the auntient Romans reported. Neither is that lesse memorable which Tarapha a most certaine Historiographer amongst the Spaniards @@ -29711,8 +29710,8 @@ Syria and his lieutenant, there passed 343 yeares, which is the solid number of seuen, that is to say seuen times seuen septenaries: both which victories happened the thirteenth day of the moneth Adar, as the Hebrewes have well - noted. The same number of yeares passed from the time that Octauianus (hauing vanquished Marcus Antonius, - and vnited the whole Roman empire vnder his owne obeysance) was by the Senat + noted. The same number of yeares passed from the time that Octauianus (having vanquished Marcus Antonius, + and vnited the whole Roman empire under his owne obeysance) was by the Senat called Augustus, unto Constantine the Great; a time notable for the straunge chaunces which then happened in the whole empire, as well in the lawes politique, as in matters of religion. @@ -29742,7 +29741,7 @@ to carpe than to commend my writings: for that In his booke: De Methode historiarum. - I said I vnderstood not the prophecies of Daniel + I said I understood not the prophecies of Daniel concerning the rising and ruine of Empires and kingdomes. For I doubt not but that if he (amongst others a most wise man) would in their due times have plainly set downe such things as he by diuine @@ -29772,7 +29771,7 @@ in parietibus Rempublicam non consistere, That the citie being forsaken, the Commonweale consisted not in the walles thereof. But many Iosephus. Funccius. Mercator. Philo. Historiographers from the time of Cyrus unto the raigne of Herode - the great (who hauing taken Hierusalem and slaine all the Senators together + the great (who having taken Hierusalem and slaine all the Senators together with the king himselfe, and spoiled the Iewes of their kingdome) do account 490. yeares. Others there be which recken otherwise, and so great varietie and difference there is amongst them, as that all the opinions of all of them, may @@ -29856,9 +29855,9 @@ Nehemiah himselfe, him to have lived euen to the last Darius. Wherefore all Historiographers are here much troubled and at great variance among themselves: one saying that there were but - fiue of these Persian kings: an other six: and others seauen: many eight: some + five of these Persian kings: an other six: and others seauen: many eight: some nine: yea and some there be which have deuised a tenth also. Truely Genebrardus in his Chronologie affirmeth there to have - bene of them onely fiue: but Functius saith ten. + bene of them onely five: but Functius saith ten. Wherefore in so great rietie of opinions one of the two may be: as viz. that none of them all be true, the other can in no wise be, that moe of them then one should at all be true; and which of them it is I can not affirme: neither if I could would I. And in mine opinion @@ -29947,7 +29946,7 @@ and almost ouerwhelmed with enemyes, yet if in so great daunger he otherwise see wise men sitting at the helme of the Commonweale, the subiects obedient unto the Magistrats, and the Magistrats unto the Lawes; he taketh courage - thereat, and promiseth both unto himselfe and others good successe; the ignorant people & cowards hauing in + thereat, and promiseth both unto himselfe and others good successe; the ignorant people & cowards having in the meane time lost their patience, and lying as men plunged euen into the bothom of dispaire. In which state the Romaine commonweal stood after the third slaughter of their armie at Cannas, when as now many of the friendly and @@ -29957,11 +29956,11 @@ instant="false"/>et the great ouerthrowe at Cannas. victories of Hanniball: For why almost all men now despaired of the estate of the Romaine Empire: at which time of - distresse, of all others no man more hurt the Commonweale than did Terentius Varro the Consul, who with some few hauing + distresse, of all others no man more hurt the Commonweale than did Terentius Varro the Consul, who with some few having escaped from so great a slaughter (as wherein threescore thousand of the citisens of Rome were slaine) writ letters unto the Senat and people of Capua, That the Roman Commonweale was vndoone, as - hauing in that battell lost all the force and flower thereof. Which thing so + having in that battell lost all the force and flower thereof. Which thing so terrified them of Capua, (although in wealth and power they fare exceeded all the rest of the Roman confederates) that they not onely themselves forsooke the Romans, but drew with them many of @@ -30022,7 +30021,7 @@ physitians say, we must neuer apply violent remedies but unto desperat diseases; and that whenas there is now no other hope left. And this maxime taketh place in euerie sort of Commonweale, not onely for the changing of the estate, but euen for the changing of lawes, - maners, and customes also: whereunto many hauing no regard have ruinated and + maners, and customes also: whereunto many having no regard have ruinated and ouerthrowne right faire and great Commonweales, allured with the baite of some one or other good law, which they have borrowed from some one Commonweale quite contrarie unto their owne. For as we have before shewed, many good lawes there @@ -30092,7 +30091,7 @@ instant="false"/>ie, made a request unto the people, That he which wittingly should put out his eye which had but one, should therefore himselfe have both his owne put out: For the making of which motion - his aduersarie had giuen him cause, hauing oftentimes threatned him to thrust + his aduersarie had giuen him cause, having oftentimes threatned him to thrust out his eye, and so to depriue him quite of his sight, although he were therefore to endure the penaltie of the law, which was to loose one of his owne. With the equitie, or rather necessitie of whose so reasonable a request @@ -30132,7 +30131,7 @@ lawes, caused the Athenians to sweare toNo lawe so sacred but that vpon vrgent necessitie it is to be chaunged▪ obserue and keepe them for the space of one hundred yeare: giuing them thereby to - vnderstand, that lawes could neuer be made immutable, neither were to be all at + understand, that lawes could neuer be made immutable, neither were to be all at once together chaunged. Lycurgus also in like maner tooke an oath of the Lacedemonians his subiects, to keepe his lawes vntill his returne from the Oracle of Apollo, from whence he @@ -30184,7 +30183,7 @@ afterward dispoiled of his estate, and by his rebellious subiects together with his mother and other his friends and partakers strangled; made away for a sort of mad and euill minded fellowes to - inuade the state, hauing so depriued his countrey of himselfe a good and + inuade the state, having so depriued his countrey of himselfe a good and vertuous prince. Whereas he should before have made himselfe maister of the forces, or if that had not bene possible, yet to have sounded the minds of them of the geater sort, and by meanes to have gained them unto him one after @@ -30237,7 +30236,7 @@ therein to vse such discretion, as that they which are remoued have not occasion to innouat or moue any thing as men disgraced, or at leastwise have no power left them so to doe, albeit that they - were thereunto willing. In which point the emperour Galba being deceiued, and hauing thrust Otho + were thereunto willing. In which point the emperour Galba being deceiued, and having thrust Otho out of the hope hee had conceiued of the empire, to adopt Piso to succeed him in the gouernment, and yet for all that without disarming of Otho, he was shortly after by the same Otho (a man in great fauor with the Pretorian souldiours) slaine together with Piso, whome he had before adopted @@ -30338,7 +30337,7 @@ other men: Besides that, the mightier that a man is, the more iustly and temperately he ought to behave himselfe towards all men, but especiall towards his subiects.Religeous houses with great wisdome quietly suppressed at Basill and - Coire. Wherefore the Senat and people of Basil did wisely, who hauing + Coire. Wherefore the Senat and people of Basil did wisely, who having renounced the Bishop of Romes Religion (which they now detested) would not vpon the sodaine thrust the Monkes and Nunnes with other the Religious persons out of their Abbies and Monasteries: but onely tooke order, that as they dyed, they @@ -30360,14 +30359,14 @@ new religion, and they which professed the old, were both prouided for: whereas otherwise it had beene an vnreasonable thing to have thrust them, who had learned not onely to live idly, but euen to doe nothing at all (as Lucilius merrily saith) - hauing neither trade nor occupation to live vppon, out of the old possession of + having neither trade nor occupation to live vppon, out of the old possession of their lands, were it neuer so vniust. Whereof beside the iniurie unto them - done, daunger might have also ensued, least they not hauing whereof to live, + done, daunger might have also ensued, least they not having whereof to live, and so brought into dispaire, might have attempted some thing against the state; and so haply drawne after them all their friends and allies alo, to the - great trouble of the whole Commonweale. For the same cause the king hauing + great trouble of the whole Commonweale. For the same cause the king having giuen leaue for the free exercise of the new religion in this realme of - Fraunce, and seeing that they which vnder the colour thereof were gone out of + Fraunce, and seeing that they which under the colour thereof were gone out of ther cloisters, demanded a portion in the lands and inheritance of their parents or neere kinsmen: it was decreed, and that vpon great paine, That they should againe @@ -30375,7 +30374,7 @@ unto the law, whereby free libertie was giuen for euerie man that wold, to professe the new reformed religion. Howbeit that this was indirectly to stop the mouthes of them which departing out of their monasteries, sought to trouble - the estate, and vnder the vaile and colour of religion, to trouble the most + the estate, and under the vaile and colour of religion, to trouble the most great and noble houses of this realme: besides that it had beene also necessarie in all the customes of this realme, to rase the article concerning the religions, who both by the cannon and civill laws, as also by all our lawes @@ -30445,7 +30444,7 @@ in a Commonweale? Than which question I know not whether there be any amongst them which concerne a Commonweal more harder to decide, or - more pleasant to vnderstand, and therefore not in any wise by vs in this place + more pleasant to understand, and therefore not in any wise by vs in this place to be omitted. Which I say not as meaning to take vpon me the deciding of this question, but onely to touch the reasons which might well be giuen both on the one side and the other, leauing the resolution therof unto them which @@ -30513,7 +30512,7 @@ officers. of vertue, with the rewards thereunto due, and the auoyding of sedition, the greatest plague of a Commonweale; yet were they euen sufficient to let, that offices should not be perpetuall, but rather annuall, - to the end that euerie man so hauing therein part and interest, might so also + to the end that euerie man so having therein part and interest, might so also have occasion to live in peace. But yet there are farther reasons also, which is, that by such perpetuitie of offices and promotions, not onely the vnitie and concord of subiects, and the true rewards of vertue are so taken away, but @@ -30541,7 +30540,7 @@ and attainted, yet so it is, that this ordinarie clause Frater noster est, He is our brother, shall suffice to couer and burie all the villanies, deceits, and extortion, of the most vniust magistrat that a man could imagine. So that hardly one of a thousand which had deserued - punishment, should in fiue hundred yeres be brought to execution. + punishment, should in five hundred yeres be brought to execution.

@@ -30611,14 +30610,14 @@ still made into the most mightie order of the judges, they still bare their hautie minds aunswerable unto the wealth and power they were afterwards to enioy. Which Hannibal taking for a great indignitie, sent a sergeant to lay hands vpon the Questor, - and hauing brought him into the generall assemblie of the people, accused not + and having brought him into the generall assemblie of the people, accused not him more than he did the whole order of the judges (through whose pride and wealth, neither the lawes nor the magistrats were (as he said) any thing at all regarded) and perceiuing his speech to be with the good liking of the people receiued, forthwith enacted, and proclaimed a law, That the judges should be every yeare chosen, and that none of them should be judges two yeares together. And thus farre he. For why, it was otherwise a thing - impossible to chastise them, a man still hauing them all his enemies, that should touch but one of them. For that they + impossible to chastise them, a man still having them all his enemies, that should touch but one of them. For that they beeing perpetuall magistrats, and commonly allied one of them unto another, it was impossible to hope to have any of them punished, and much lesse to have against them iustice, if a man had any thing to do with them: and in case a man @@ -30677,7 +30676,7 @@ themselves excluded, and which see the common preferments and offices giuen in prey to some few in perpetuitie? How should they have any care of that which concerneth them not, neither neere, nor a farre off? And admit that any good - and honest man would say, would doe, or vndertake, any thing that were for the + and honest man would say, would doe, or undertake, any thing that were for the common good or profit, being himselfe but a priuat man, who should hearken unto him? who should support him? who should favour him? So that every man leauing to thinke of the publike, entendeth unto his owne businesse, and hee in that @@ -30687,8 +30686,8 @@ preferments and offices, they for the most part have no great care of the common good, being now for euer assured of that which they most desired. O but how much more happie should both the subiects and Commonweale be, if euerie man - in his degree and according to his qualitie, hauing enioyed conuenable - preferments, and so hauing learned true wisedome by the mannaging of worldly + in his degree and according to his qualitie, having enioyed conuenable + preferments, and so having learned true wisedome by the mannaging of worldly affaires, should retire themselves from these vaine and worldly businesses, to occupie themselves in the contemplation of things naturall and diuine? For most certaine it is, that contemplation is the true mother and mistresse of al true @@ -30754,14 +30753,14 @@ together with the ruine of the whole Ambitious men neuer satisfied with honors, oftentimes the - cause of great trobles in a Commonweale. Commonweale▪ as did Marius, who hauing passed through all the degrees of + cause of great trobles in a Commonweale. Commonweale▪ as did Marius, who having passed through all the degrees of honour, and bene six times Consull (which neuer Roman had bene before him) yet not so content, would needs take vpon him the charge of the wars against king Mithridates (which by lot was fallen unto Sylla) howbeit that hee was now growne extreame old, to the intent to obtaine the seuenth Consulship, and to continue a perpetuall commaunding power unto himselfe. But Sylla understanding of the commission giuen to Marius, and of the authority - by a tumultuous assembly of the people taken from him now absent (and hauing + by a tumultuous assembly of the people taken from him now absent (and having also an army with him) contrarie unto the law and the custom of their auncestors, straight way returned to Rome with his partakers, seyzed vpon the citie, where he made a most horrible massacre; which afterwards in such sort @@ -30771,8 +30770,8 @@ shamefully proscribed, or els banished, and so the Popular estate brought unto an extreame tyrannie. So euen for the same occasion three hundred yeares before, the Popular estate was there chaunged into a faction of an Oligarchie; - not for hauing of offices in perpetuitie for tearme of life, but onely for - hauing continued the charge unto the Decemuiri, or ten Commissioners, for two + not for having of offices in perpetuitie for tearme of life, but onely for + having continued the charge unto the Decemuiri, or ten Commissioners, for two yeares together; men appointed for the reforming and amending of the lawes, who would have so continued the third yeare also, and by force of armes still maintained their commission, encroaching vpon the libertie of the people, had @@ -30782,14 +30781,14 @@

So by the same meanes many Popular and Aristocratique estates were chaunged intoContinuation of great offices oftentimes the cause of the change of the estate. Monarchies, or at leastwise into - tyrannicall gouernments; for hauing giuen the publike charges and commissions + tyrannicall gouernments; for having giuen the publike charges and commissions unto their magistrats or commissioners, for longer time than was needfull, or for proroguing of them longer than by the law they should; as to Pisistratus in Athens, to Philon in the citie of Argos, to Cypselus in Corinth, to Dionysius at Syracusa, to Panaetius at Leontium, and to Caesar at Rome. Which Aemylius Mamercus the Dictator foreseeing, presented a request unto the people, which passed into the force of a law, whereby it was ordained, That the Censors power from that time forward should continue but for eighteene monethes, - which before was established for fiue yeares: and the next day after that he + which before was established for five yeares: and the next day after that he was created Dictator, deposed himselfe of his Dictatorship, being not willing to hold it more than one day; giuing this reason unto the people of his so doing, Vt scitas quàm mihi diuturna imperia non @@ -30798,11 +30797,11 @@ published at the instance of one of the Tribunes of the people, prouided, That it should not be lawful for any man to seeke to have one and the same office more than once in ten yeares. Neither missed it much but that Gabinius the Tribune had by the Senators themselves beene slaine in - the full Senat, for hauing by his request made unto the people, procured - commission for fiue yeares together to be + the full Senat, for having by his request made unto the people, procured + commission for five yeares together to be graunted unto Pompey, for the ending of the Piraticall warre: Whereof Dion giueth a notable reason, For that - (saith he) the nature of man is such, as that a man hauing for long time borne + (saith he) the nature of man is such, as that a man having for long time borne some honourable charge, commonly hath al other men in contempt and disdaine, neither can well endure to live in subiection after he hath for a long time commaunded. Which thing Cassiodorus almost in the same @@ -30857,12 +30856,12 @@ magistrats and officers should not be in a Commonweale perpetuall.

But now on the other side, they which maintaine it to bee more for the - publikeThe great inconueniences ensuing of hauing the + publikeThe great inconueniences ensuing of having the offices in a Commonweale still annuall or changable. good, to make the estates and offices in a Commonweale perpetuall, alleage, That nothing can be well done in a yeares space, when as the magistrat must depart out of his charge before he well know his dutie; and - hauing begun to vnderstand what belongeth unto his place, must yet forthwith + having begun to understand what belongeth unto his place, must yet forthwith leaue the same unto a new man; and so hee likewise unto another, all still new men; so that the Commonweale is still to fall into the hands of vnsufficient men, and such as want experience. But suppose that the prince or the people, or @@ -30875,7 +30874,7 @@ dangers therof to be abandoned. Whereof wee have a million of examples in all histories, both of the Greekes, and of the Latines, which had their offices annuall. And it hath oftentimes happened, that the magistrats and captaines - hauing charge to make & performe some warre, were vpon a sudden called home + having charge to make & performe some warre, were vpon a sudden called home againe, and so all was at a stay: as it happened when question was for the sending of one to succeed Scipio Africanus, the people, the Senat, and the magistrats, found themselves therewith greatly entangled; @@ -30910,7 +30909,7 @@ were by the commissioners condemned to die: howbeit that they were afterwards by the people pardoned. Now who knoweth not how many strong places have bene taken by the enemie, for chaunging of their captaines? how many cities and - townes have bene forced, for hauing put into them new gouernours? and + townes have bene forced, for having put into them new gouernours? and especially at such time as the enemie was nie, & readie to besiege the same: as oftentimes it commeth to passe, that the favourites carrying away the honor, the old expert captaines are excluded, who right often in revenge @@ -30949,7 +30948,7 @@ violence of tyrants, and that without feare or misdoubt of being thrust out, or dispoyled of his dignity and office, as hath bene seene by some euen of the greatest princes, astonished with the constancy & immutable assurance of - the magistrats, not hauing what to reproue him for: neither yet daring to + the magistrats, not having what to reproue him for: neither yet daring to displace them, fearing also the discontentment of their subiects, unto whom the brightnes of Iustice and vertue is alwayes redoubtable, and the integrity of valiant and couragious men right @@ -31033,7 +31032,7 @@ made any distinction at all of Commonweales, whereof the resolution of this question especially dependeth. And we have seene euen in this our time one* of the greatest persons of this realme, and the chiefe man of his cote, who - hauingMichael hospitalis chauncelour of France. + havingMichael hospitalis chauncelour of France. embraced the opinion of Aristotle, hath endeuoured himselfe by all means to change all the offices into commissions, to be holden but by sufferance: who neuer had other thing in his mouth, and yet without any @@ -31057,7 +31056,7 @@ custome of continuall commaund giue not an appetite or desire to some one or other ambitions citisen to aspire unto the soueraigntie alone. Whereas to the contrarie in - Monarchies it is not necessarie, no nor yet wholesome, that subiects hauing no + Monarchies it is not necessarie, no nor yet wholesome, that subiects having no interest in the soueraigntie, should be nourished in ambition, it being sufficient for them to learne to bee dutifull and obedient unto their soueraigne prince, and especially if the Monarchy be Lordlike or Tyrannicall: @@ -31066,7 +31065,7 @@ Lordlike Monarch, or tyrant to hold their estates, and to giue such yearely or successiue commanding power unto their subiects.The pollicie and craft of tyrants. And therefore tyrants, who are no lesse hated - and feared of their subiects, than they themselves feare and hate them, hauing + and feared of their subiects, than they themselves feare and hate them, having little or no trust or confidence in them, for most part guard themselves with straungers onely, and some few of their owne subiects, such as they know to be unto themselves most loyall and faithfull, unto whome they commit the custodie and guard of their owne persons, @@ -31092,7 +31091,7 @@ neuerthelesse of himselfe establish decrees and lawes, for the placing and displacing of magistrats and officers, to the end they might so bee holden; diuiding the honours and rewards of vertue not to all indifferently, without - discretion, but unto such as deserue the same; hauing still more respect unto + discretion, but unto such as deserue the same; having still more respect unto the experience and vertue, than unto the grace and favour of them who are unto him most of all commended. And yet for all that, shall in all things obserue and keepe the commendable mediocritie, in @@ -31142,7 +31141,7 @@ than one. Howbeit, yet that by the wisedome and vertue of some one good judge, a whole companie, or bench of judges of the same court is oftentimes releeued: and their factions and secret practises broken; or being otherwise good men, - yet misse-enformed by false accusers and pettie foggers, cannot know or vnderstand the truth: but are by the wisedome of + yet misse-enformed by false accusers and pettie foggers, cannot know or understand the truth: but are by the wisedome of some one of their companie the better enformed. As I have knowne one judge alone to have caused the whole companie of judges to change their opinion, being before resolved and set downe to have put a poore innocent woman to @@ -31240,7 +31239,7 @@ also lest the wicked by briberie mounted unto the more hie degrees of honour, should escape vncorrected: or that the ignorant or vnskilfull should carie away the preferments of the estate and - Commonweale: they which before had charge, hauing for certaine yeares rested + Commonweale: they which before had charge, having for certaine yeares rested themselves, still returning againe with much greater experience then before. Now they which wish for annuall Magistrats, annuall Senators, annuall powers and commaunds, forsee not that (beside the difficulties and daungers by vs @@ -31296,7 +31295,7 @@ once preferred thereunto, should not be againe displaced, otherwise then by resignation, death, or forfaiture: And by an other Edict declaring the former, published the xx. of September in the yeare 1482 decreed, That no officers - hauing forfeited their offices, for what cause soeuer, should be enforced to + having forfeited their offices, for what cause soeuer, should be enforced to yeeld vp their offices, except it were so before adiudged, and the parties condemned. Which edict hee commaunded to stand in force, not onely whilest he himselfe yet @@ -31307,7 +31306,7 @@ please vs, remaine still in all letters of office. Which words declare no perpetuall power to be giuen unto the magistrats or officers, but by sufferance onely, except by law or custome it be otherwise prouided. Yet still - remaineth that idle clause, that thereby it may be vnderstood, all power and + remaineth that idle clause, that thereby it may be understood, all power and authoritie to have in auntient times bene giuen by our kings during their pleasure, and so to have of the magistrats bene holden but by sufferance onely. And albeit that in the raigne of Philip the Faire this @@ -31327,7 +31326,7 @@ by this meane to continue still in their places, proceeding still from better to better, and bearing themselves vprightly, for feare otherwise to be displaced. Whereunto I agree, in a well ordered Lordly Monarchy: but the daunger should be greater to open such a gap - vnder a prince on every side beset with flatterers, and compassed in with + under a prince on every side beset with flatterers, and compassed in with clawbackes: For why, euerie man seeth, that princes so beset, must either make a most filthy gaine and traffique of their offices, or else take such places and power to commaund, from good men, who almost alwaies have the courtiers @@ -31348,10 +31347,10 @@ with his prince; who ought rather to be beloued than feared of his subiects: which to bee, he ought to take away all occasion of discontentment that men might have against him; and better meanes is there none, than to leaue all that - may be to the disposition of the lawes and customes, no man so hauing iust cause to complaine of the prince.

+ may be to the disposition of the lawes and customes, no man so having iust cause to complaine of the prince.

The learned Budeus who was of opinion that it were best - to have the magistrats and offices still changeable, without hauing regard unto + to have the magistrats and offices still changeable, without having regard unto the law made by Lewes the xi. hath holden, That in auntient time the Presidents and counsellors of the parliament of Paris were but annuall: and that the solemne oath which they still take the 12. day of @@ -31381,7 +31380,7 @@ patents for the disciding and determining of controversies. Howbeit that king Henry the second comming into the Parliament for the publishing of certaine Edicts and lawes, which in that court could hardly find - passage (hauing it put into his mouth by certaine flatterers) said openly, That + passage (having it put into his mouth by certaine flatterers) said openly, That the Parliament had at all no power, if it pleased not him by sending of his letters Patents every yeare to giue opening unto the same; which his speech astonished many. But certaine it is that @@ -31396,18 +31395,18 @@ was but annuall: wheras the Senators tooke it but once for all, for that their dignitie was perpetuall and during the whole time of their lives. The same might be said of the forme of the commissions and - decrees of that court, conceiued vnder the name and seale of the king, and + decrees of that court, conceiued under the name and seale of the king, and namely of the letters missiue of the court: which although they bee conceiued in the name of the court, are yet neuerthelesse sealed with the little royall seale with the flowredeluce: howbeit that all the other magistrats, seneschals, - bailiefes, prouosts, and gouernours of countries, hauing power of ordinarie - commaund or by commission, direct the same vnder their owne names, and their + bailiefes, prouosts, and gouernours of countries, having power of ordinarie + commaund or by commission, direct the same under their owne names, and their owne seales; which is yet retained of the auntient forme, euer since that the parliament was but the kings priuie councell, which councell for that it had no ordinarie power, did nothing of it selfe, and the commissions are alwaies - graunted in the name of the king, as hauing the onely power to commaund in his councell, as we have before shewed. Which + graunted in the name of the king, as having the onely power to commaund in his councell, as we have before shewed. Which forme hath bene euer since followed in the erection of other parliaments, euen - unto the court of Aides, who giue out all their commissions, vnder the kings + unto the court of Aides, who giue out all their commissions, under the kings name which hath moued some to say, That the parliaments have nothing but an extraordinarie power by way of commission @@ -31436,7 +31435,7 @@ Magistrates and officers for the most part annuall, and that none of them was againe displaced, without iust cause why; yet so it was for all that, that the people sometimes reuoked their former choice made, and placed some others whom - they knew to be more fit for the charge they were to vndergoe: as it did in + they knew to be more fit for the charge they were to undergoe: as it did in establishing the Dictators and others their Captaines and Gouernors, reuoking sometimes (as I say) euen their ordinarie magistrates; as it did Octacilius the Consul, who at the request of Fabius Maximus was remoued from his charge, as a man not sufficient for the mannaging of so great and daungerous a warre as the State @@ -31450,7 +31449,7 @@ himselfe before the people for the infirmitie of his eyes; saying, That it was not reason to put the gouernment of the Commonweale into his hands, who could not see but by other mens eyes. But O how many are there of the blind, deafe, - and dumbe, not hauing in themselves any light of nature, neither wisedome, nor + and dumbe, not having in themselves any light of nature, neither wisedome, nor experience so much as to gouerne themselves, who are not yet content to guide the sayles and tackles, but desire also to lay hands euen vpon the verie helme also of the Commonweale? @@ -31554,7 +31553,7 @@ most cruelly rent her in peeces amongst them. And what good successe may a man expect of an armie, or what victorie is to bee hoped for ouer the enemie, where the captaines and commaunders are at discord among themselves? or what iustice - is to be looked for, where the judges are diuided into factions? Yea it hath bene oftentimes seene some of them to have + is to be looked for, where the judges are divided into factions? Yea it hath bene oftentimes seene some of them to have beene of contrarie opinions and aduise unto others, and that vpon a verie iealousie and hatred they had among themselves, and so play as it were at hazard with the life, the goods, and honour of the subiects: as Agesilaus king of the Lacedemonians (albeit that hee was @@ -31678,7 +31677,7 @@ opposing himselfe against another, and euill controlled by the good, and the wicked by themselves; there should be no doubt but that the Commonweale should so be in much more safetie and assurance, than if they were of one accord among - themselves. Whereby it is to be vnderstood, the discord of princes and + themselves. Whereby it is to be understood, the discord of princes and magistrats to have alwaies bene unto Commonweals wholesom: as the meane whereby the wicked (as we said) may by the vertue of the good, or their owne mutuall accusations be weakned. Which seemed a thing profitable not onely unto the @@ -31739,9 +31738,9 @@ is not so easie to iudge which to do, not onely the qualitie of the magistrats themselves, but the diuers formes of Commonweales, is to bee also considered. And yet I suppose, that in euerie kind of Commonweale it is good that the - inferiour magistrats and officers, being vnder the power and authoritie of the + inferiour magistrats and officers, being under the power and authoritie of the greater, should stil be at variance and discord among themselves, and that more - in a Popular estate than in any other: For that the people hauing none but the + in a Popular estate than in any other: For that the people having none but the magistrats to gouerne them, is most easie to be pilled and polled, if the magistrats bee not one of them by another controlled. And in a Monarchie it is expedient also, that euen the greatest magistrats should sometime be at oddes, @@ -31769,7 +31768,7 @@ otherwise bee, but that the chaunge of the estate must thereof needes ensue; the leaders of the factions oppressing their enemies: or else the gouernment of the estate falling wholly into one mans hands, which is not so much to bee - feared in a Monarchie, whereas the soueraigne prince vnder his power keepeth + feared in a Monarchie, whereas the soueraigne prince under his power keepeth all the magistrats in awe.

But in euerie Commonweale it is expedient and necessarie, that the numbet of @@ -31779,7 +31778,7 @@ the dissention amongst them might still be composed by the greater part or number of them; and that the publike actions be not by the equalitie of them hindred or letted. And that is it for which the Cantons of Vrie, - Vnderuald, Zug, and Glaris (which of all + underuald, Zug, and Glaris (which of all others are most Popular) have beene glad to make in euerie one of them three soueraigne magistrats, whom they call Amans, & not two, for that the third may easily reconcile two being at variance betwixt thēselues: in stead whereof @@ -31817,7 +31816,7 @@ among themselves ariseth an agreeing welfare of all, the straitest bond of safetie in euerie well ordered Commonweale. So Caesar making sharpe warre vpon them of Beauuis, - hauing in his armie two captaines deadly enemies one of them unto the other, + having in his armie two captaines deadly enemies one of them unto the other, commaunded them to turne all that their hatred vpon their enemies, who so in his verie sight with great emulation gained a notable victory ouer their enemies, which their dissention had giuen unto their enemies, had they not had @@ -31878,7 +31877,7 @@ Philip. 2. death taken away, he cried out: Vtinam Cn. Pompei, amicitiam cum Caesare nunquàm coisses, aut nunquàm diremisses, I would to god, O Pompee, (said he) thou haddest either neuer made friendship with Caesar, or - hauing once made it, haddest neuer broken it. For why their friendship much + having once made it, haddest neuer broken it. For why their friendship much diminished the Popular power, but their enmitie altogether ruinated the same; one of them being in no wise able to endure his equall, nor the other his superiour, vntill that so by civill warre the state was quite at length @@ -31895,7 +31894,7 @@ mutuall slaughters of the Nobilitie of England to have beene commodious and profitable unto the comminaltie and inferiour sort, as Philip Comines writeth; yea at such time as I was Embassadour in England, I - vnderstood by some of the inhabitants there, them to feare nothing more then + understood by some of the inhabitants there, them to feare nothing more then the factions of the Nobilitie and their civill discord: for the better appeasing and repressing whereof they have often times vsed to assemble the high court of Parliament, whereunto all the States are assembled. And thus we @@ -31977,7 +31976,7 @@ desired, or at least wise they will say, The king hath seene our request, he hath heard our difference, he hath taken the paines to iudge our cause. And if so be that the subiects be by their king seene, heard, - or vnderstood, it is almost incredible, how much they are rauished with contentment and pleasure, if the Prince be neuer so + or understood, it is almost incredible, how much they are rauished with contentment and pleasure, if the Prince be neuer so little vertuous, or have any other commendable qualitie in him. Besides that there is no greater meane to giue authoritie unto his Magistrats and officers, and to cause iustice it selfe to be both feared and reuerenced, than to see the @@ -31993,7 +31992,7 @@ parties and suters them selues, yea and some times are for euer suspended. Whereas if the Prince him selfe in person shall vouchsafe to iudge the matter, he which is the liuing law, and aboue all civill lawes, being accompanied with - his Counsell shall doe both good and speedie iustice, as hauing respect unto + his Counsell shall doe both good and speedie iustice, as having respect unto the verie ground and equitie of the matter, without farther standing vpon titles and formalities. By this meanes also so many oppositions, appeales, civill requests, remouing of causes, infinite decrees, one of them vpon an @@ -32002,7 +32001,7 @@ also that the Commonweale should so be relieued of the great charges and wages which it alloweth unto Iudges, and of their particular fees which are aboue measure heauie; besides the bribes and presents which must be giuen, which often times passe the ordinarie fees, in such sort - as that the subiects in steed of hauing good and speedie iustice (which the + as that the subiects in steed of having good and speedie iustice (which the Prince oweth them) are constrained to paie for it as for the most precious thing in the world: howbeit that oftentimes it happeneth, that the marchant is well paid, and yet the marchandise by him delivered is right little or nothing @@ -32032,7 +32031,7 @@ iudge his people, which his prayer was so acceptable unto God, as that he seemed therefore most plentifully, and to the great worlds wonder, to have powred out vpon him all the treasures both of wisedome and of knowledge; that - so all men might vnderstand God not onely to have + so all men might understand God not onely to have inspired him with wisdome, but also that the office of right iudgement was euen by God himselfe giuen unto kings; who was also for experience in great affaires and politike wisedome like unto the @@ -32046,7 +32045,7 @@ farre, as that a poore old woman to whom the Great emperour Adrian refused to aunswere her preferring unto him a request, excusing himself, That he was not then at leasure, Raigne no longer then (said she) but discharge thee of thy charge thou - bearest. Whereunto the emperor hauing not what to answere, presently + bearest. Whereunto the emperor having not what to answere, presently staid & did her iustice. Now then if so great a prince (whose empire was bounded with the same bounds that the course of the sunne was, and troubled with so great affaires) acknowledged the bond, @@ -32061,7 +32060,7 @@ bring so many & so great profits unto princes; how much greater shal the same then be, if they - To be necessarie for a prince to vnderstand of the affaires + To be necessarie for a prince to understand of the affaires of estate. shall by themselves handle but those things onely which are proper unto their soueraigntie? For as for the rest of the civill affaires, a prince may well commit them unto the magistrats: but the rights of @@ -32076,7 +32075,7 @@ seruants, to have thereby brought both themselves and their posteritie unto destruction.

These arguments and reasons thus by vs before alleaged, make a faire show unto - them who sufficiently vnderstand not, nor by experience know not, the secrets + them who sufficiently understand not, nor by experience know not, the secrets of soueraigntie,Reasons to show that it is not meet for princes themselves in person to administer iustice unto their subiects. and hidden knowledge for the maintaining of maiestie: But @@ -32105,7 +32104,7 @@ untoSuch a prince, such a people. the manners, unto the doings and sayings of their prince; there being neither gesture, action, nor countenance in him, be it good or bad, which is not marked, or - counterfaited by them which see him, hauing their eyes, their sences, and all + counterfaited by them which see him, having their eyes, their sences, and all their spirits, wholy bent to the imitation of him. So that Plinie well called the princes life a Perpetual Censorship, whereunto we still direct and conforme our selues. And this is a doctrine from most auntient antiquitie delivered unto all posteritie, first by the maister of @@ -32154,7 +32153,7 @@ 600 Crownes. him which could drinke most: in which beastly contention and strife fortie together with him which had gained the - prize burst and perished; hee himselfe almost looking on. Mithridates also king of Amasia, imitating of Alexander the Great herein, surpassed him, that hauing set vp a prize + prize burst and perished; hee himselfe almost looking on. Mithridates also king of Amasia, imitating of Alexander the Great herein, surpassed him, that having set vp a prize for him that could eat and drinke most, hee (as Plutarch saith) gained the foule victorie in both (if to bee ouercome of intemperance and excesse be to be accounted at all a victorie.) But to counterfeit vertues, @@ -32210,7 +32209,7 @@ it is more daungerous for that for one vice which the prince hath, oftentimes those of his traine have an hundred, who euerie where as they passe, may alter & marre the good disposition of the people; or like swarmes of flies & - caterpillers, who hauing deuoured the leaues, and fruit, do also leaue their + caterpillers, who having deuoured the leaues, and fruit, do also leaue their spaune behind them, able to insect the fields and trees be they neuer so cleane and fruitfull. @@ -32280,9 +32279,9 @@ full of all pleasures and delights, neuer sturring abroad, or shewing & acquainting himselfe but with some few of his friends; who yet neuerthelesse by fiers and watches set vpon high places, stil - in one day vnderstood and knew all the enemies of his empire, euen from the + in one day understood and knew all the enemies of his empire, euen from the farthest parts of the East Indies, unto the straits of Hellespontus. And yet - neuer was there any princes vnder heauen more honoured and reuerenced, or + neuer was there any princes under heauen more honoured and reuerenced, or better beloued of their subiects than they: or whose commaunds were more iust unto their subiects, or more of their subiects regarded, or that longer preserued their empire, power, and state. So those princes also which giue @@ -32335,7 +32334,7 @@

But I know that some of contrary opinion unto mine, wil say, Is it not the true estate and office of a prince, to doe iustice unto his people? to heare the complaints of his subiects? to see the requests of his own? and by the mouth of - every one to vnderstand of their iust grieuances, which are commonly + every one to understand of their iust grieuances, which are commonly suppressed, or at leastwise disguised by another man? And why then should the prince hide himselfe from his people? talke but with few, and those of his most inward friends also? or aunswere nothing unto many, of right asking him of many @@ -32385,7 +32384,7 @@ affaires, is to be preuented. that they vpon whome he should so discharge himselfe, should take from him his estate and soueraigntie, and so possesse themselves thereof: which for al that hath neuer chanced in this - realme, but onely vnder king Childeric, surnamed the + realme, but onely under king Childeric, surnamed the Loutish▪ since the time that the kings of Fraunce showed themselves unto their subiects in their maiestie but once a yeare, viz. the first of May; as we read in our owne histories, and also in Cedrinus a Greeke author, who saith, That the auntient kings of @@ -32397,7 +32396,7 @@ or for one great Maister of the Pallace, should have two or three in power and favour equall: For in so doing he shall neuer be circumuented, their power being so diminished, one of them still bewraying or controlling the other, the - kings maiestie being so still the more stately and sure. For Tiberius hauing made Seianus too great; and so + kings maiestie being so still the more stately and sure. For Tiberius having made Seianus too great; and so Commodus, Perennius; Theodosius the second, Eutropius; Iustinian, Bellisarius; Xerxes, Artaebanus; and Childeric, Pepin: committing unto them alone the mannaging of all their affaires, with the guard of their persons, they fell @@ -32433,7 +32432,7 @@ that charge in hand, and not well and orderly discharge the same, in stead of doing of the subiects right, hee shall doe them great iniurie and wrong. Wherein Demetrius (he which was called the Besieger) - hath for iust cause beene blamed: who hauing receiued a great number of his + hath for iust cause beene blamed: who having receiued a great number of his subiects requests, put them into the lap of his mantle, and at the first bridge he came unto, whereby hee was to passe ouer a riuer, shooke them all into the water: Wherof the subiects seeing themselves by him contemned, conceiued a @@ -32451,7 +32450,7 @@ a king to make such an ordinarie confusion of his court, where beside the subtilties, the countenances and favours, (not there subiect to enquirie) and the contraritie of letters, commissions, - decrees, and prouisions, which are there dispatched vnder the name (but without + decrees, and prouisions, which are there dispatched under the name (but without the knowledge) of the prince, whereof colour is oftentimes made for the doing of wrong: it is yet moreouer insupportable for the subiects, unto whome iustice is due in the places where they are, to search for the same at the court, and @@ -32480,7 +32479,7 @@ allowed unto the accuser. Which is an easie way for the punishing of offences before ordinarie judges; a thing impossible to prosecute before the prince. For these reasons and the difficulties by vs noted, Tiberius - the emperour hauing obtained the empire, protested in the full Senat, and + the emperour having obtained the empire, protested in the full Senat, and afterwards by his letters made it knowne unto the officers, That hee would take vppon him nothing which belonged unto the iurisdiction of the magistrats;Why the office to iudge and decide matters, a thing proper unto the au opened this gap: but euen for that + him, having opened this gap: but euen for that nothing is so proper unto a prince, as clemencie; nothing unto a king, as mercie; nothing unto maiestie, as lenitie. And therefore the emperor Titus (a man of so great courtesie, as that he was called Humani generis delitias, or the myrror of mankind) @@ -32527,7 +32526,7 @@ instant="false"/>. thing more repugnant unto the office and dutie of an vpright judge, than mercie: hee not onely by the civill law, but euen by the law of God also being forbidden to have pitie (euen of the poore) in iudgement: which we said to be - so proper unto maiestie, as that it cannot be therefrom diuided or seperated. + so proper unto maiestie, as that it cannot be therefrom divided or seperated. So that a prince sitting in iudgement must take vpon him two contrarie persons, that is to say, of a mercifull father, and of an vpright magistrat; of a most gentle prince, and of an inflexible judge. And if the prince be by nature mild @@ -32543,7 +32542,7 @@ to God I knew not letters. And therefore Cicero pleading before Caesar, before resolved in any wise to have put Ligarius to death, said, That he pleaded not before - him as a judge, but as before the father of the people: and hauing somewhat + him as a judge, but as before the father of the people: and having somewhat appeased his anger, began thus to presse him farther, Causas, Caesar, egi multas, & quidem tecum, cum te tenuit ratio honorum tuorum, certe nunquam hoc modo; ignoscite iudices: errauit, lapsus est, non putauit, @@ -32588,7 +32587,7 @@ the people giue sentence; where the innocent were condemned, and the guiltie acquited: of examples whereof all the histories are full. As Seruius Galba a great oratour, accused, - attainted, and condemned of treason befor the people of Rome; not hauing any + attainted, and condemned of treason befor the people of Rome; not having any more to say for himselfe, but turning his speech and action, wholly framed to the mouing of pitie; and so embracing his children, and with teares commending them unto the people, so moued the beholders, as that he easily obtained @@ -32694,7 +32693,7 @@ diseases, calamities, and other worldly chaunces to depend of the wrath of God; yet in this all diuines (which more exactly entreat of diuine matters) wholly agree, none of all these things to bee done by almightie God, as by an - efficient cause; but by permission onely, and to bee from him diuided, but as + efficient cause; but by permission onely, and to bee from him divided, but as from a not letting cause: which cause the manner of the Hebrew phrase euerie where signifieth by the word Hiphil, ordinarily vsed, when it speaketh of the vengeance of God. We read also in the Poets (though somewhat otherwise) that @@ -32735,7 +32734,7 @@ yea when the partie accused had refused all the judges of Paris, it was the kings pleasure, that two judges, men of great integritie, and free from all corruption, should be called and chosen out of - every court of parliament in Fraunce to try him: Whereby may be vnderstood with + every court of parliament in Fraunce to try him: Whereby may be understood with what an obseruation of law and iustice this kingdome standeth, when as almost at the same time Thomas Moore Chauncellor of England, and Hierome Moron Chancellor of Milan, both of them @@ -32771,7 +32770,7 @@ decreed, and so afterwards it was enioyned unto the clarke by a decree of the court, to deliver unto the peeres, and to the kings Attourney generall an act of such their protestation. So also when - question was for the triall of the marquesse of Salusse, vnder the raigne of + question was for the triall of the marquesse of Salusse, under the raigne of Francis the first, it was by lively reasons, and by the authoritie of the lawes both of God and man maintained, That the French king could not in that iudgement be assistant, seeing it concerned the @@ -32894,7 +32893,7 @@ high or difficult to iudge, it sufficeth that you take vpon you the hearing thereof, leauing the rest unto the other magistrats and judges to heare and determine. Which counsell of his father in law Moyses - followed. So likewise wee read, that Romulus hauing + followed. So likewise wee read, that Romulus having committed unto the Senat and the magistrats, the ordinarie administration of iustice, reserued unto himselfe onely the hearing of matters of greatest importance. And albeit that the Roman emperours afterwards would have their @@ -32914,7 +32913,7 @@ insomuch that one of them was so bold with him as to say unto him in Greeke, which yet most of the standers byClaudius the emperour derided for taking vppon him the deciding of common causes and - matters. vnderstood, understood, , An old man, and a foole too. And another tript him going @@ -32982,7 +32981,7 @@ iudgements; ought yet more to be observed in a popular estate,The people vfie to iudge of matters. for the great difficulties in assembling of the people, and - to cause them to vnderstand reason; and then after that they have vnderstood + to cause them to understand reason; and then after that they have understood it, to induce them well to iudge thereof, their iudgements being oft times peruerted by seditious declamations or factions: which was the greatest occasion of the civill warres amongst the Romans, vntill that Sylla the Dictator had remitted the hearing of all causes unto the @@ -32997,8 +32996,8 @@ to translate the authoritie of the Senat or commaund of the magistrats, unto the prince or the people. For that the lesse the power of the soueraigntie is (the true markes of maiestie thereunto still - reserued) the more it is assured; as well said Theopompus king of Lacedemonia, who hauing encreased the power of the - Senat, and appointed fiue Ephori in title of office, as Tribunes of the people: + reserued) the more it is assured; as well said Theopompus king of Lacedemonia, who having encreased the power of the + Senat, and appointed five Ephori in title of office, as Tribunes of the people: and being therefore by his wife reproued, for that in so doing hee had much diminished his owne power: So have I also (said he) much more assured the same for the time to come. For hard it is for high and stately buildings long to @@ -33046,7 +33045,7 @@ to encrease the wealth and libertie of the people; there ensued thereof a most miserable change of that Commonweale: neither did the citie of Rome euer after cease from civill warres and sedition, vntill that immoderat libertie of the - insolent people, was by the power of one oppressed and brought vnder, and they + insolent people, was by the power of one oppressed and brought under, and they so brought into extreame miserie and seruitude. The same inconuenience or mischiefe befell the Megarensians, who from a Popular estate fell into a most miserable Tyrannicall gouernment (as saith Plato) for @@ -33062,7 +33061,7 @@ feared, least that they destitute of all helpe, shall at the length be spoyled of their owne soueraigne maiestie also. And in mine opinion they shamefully erre, which thinke themselves to encrease the princes wealth and power, when - they show unto him his Clawes, giuing him to vnderstand, that his will his + they show unto him his Clawes, giuing him to understand, that his will his countenance, and his looke, ought to be as an edict, a decree, and a law; to the end that there should be none of his subiects which should presume to take vpon them the hearing or deciding of any matter, which might not bee againe by him reuersed and chaunged: so as did the @@ -33100,7 +33099,7 @@ Prince ought to be in the administration of iustice towards his subiects; and if he should take vpon him the person of a judge, when, and how, and in what sort of Commonweale he ought to doe it: let vs now also see out of the tearmes - of iustice, when the subiects; are diuided + of iustice, when the subiects; are divided into factions and part-takings, and that the judges and magistrats are themselves parties also, Whether the Soueraigne Prince ought to ioyne himselfe to one of the parties; & whether the good subiect ought to be constrained @@ -33180,8 +33179,8 @@ Popular estates: for that Monarches may maintayne their maiesty, and as neuters decide the quarrels of their subiects; or by ioyning themselves to one of the parties, to bring the other unto reason, - or els altogether to oppresse them: whereas the people diuided in a popular - estate, hath no soueraigne ouer them; no more than the lords diuided in + or els altogether to oppresse them: whereas the people divided in a popular + estate, hath no soueraigne ouer them; no more than the lords divided in Aristocratie have no man to cōmaund them: if it be not that the greater part of the people, or of the lords, be not of the faction, which so may commaund the rest. Now when I say faction, my meaning is notPriuat @@ -33215,7 +33214,7 @@ other of them to bee indaungered; yea, although such civill discord rise but for some priuate displeasure of theirs.

-

But all this which we have yet said, is to be vnderstood but of factions which +

But all this which we have yet said, is to be understood but of factions which concerneFactions and conspiracies against the prince or estate, how they are to be repressed and the conspirators punished. not the estate; for if the faction be directly against the state, or the life @@ -33256,7 +33255,7 @@ accused. And it may be that it had bin better to have executed him without making of the king acquainted therewith, so to have disburdened him of the enuy of such a iudgment. So as did the emperour Augustus with - Q. Gallus, who hauing not onely purposed, but euen + Q. Gallus, who having not onely purposed, but euen desperatly also attempted to have slaine him; and being therefore by the Senate condemned of treason, was yet by the same emperour Augustus (dissembling the matter as if he had thereof knowne nothing) pardoned, and so sent away unto his brother then gouernour in one of the @@ -33281,7 +33280,7 @@ allies & friends, who it may be, have power enough, or at least wise neuer fayle of will enough to revenge the death of them which were of their bloud; and in case all this were not so, yet ought the prince alwayes to shunne the - note and blame of cruelty, as well of his subiects as of strangers: wherein Nero was greatly deceiued, who hauing discouered the + note and blame of cruelty, as well of his subiects as of strangers: wherein Nero was greatly deceiued, who having discouered the conspiracy against his person and estate, would needs by torture & torment know all them that were partakers therein: wherin he found so great a number of them that were, what by right, and what by wrong accused, as that the cōspirators indeed seeing themselves @@ -33289,9 +33288,9 @@ friends: all whom hee caused most cruelly to be slayne; which was afterwards the cause of the open and generall rebellion of the captaynes and gouernours of the prouinces against him. And for this cause Alexander - the great hauing put to death Parmenio, Philotas, and + the great having put to death Parmenio, Philotas, and the rest which had conspired his death, by a new decree or law abrogated the - auncient law of the Macedonians, whereby fiue of them that were the nearest of + auncient law of the Macedonians, whereby five of them that were the nearest of kinne unto the conspirators were still to be put to death. But the best and surest way to auoyd the farther daunger of a conspiracy already preuented, is for a prince to dissemble the matter, as if he knew not the conspirators, as Tacitus well @@ -33301,9 +33300,9 @@ dissembled, and not farther enquired after. intelligatur, The best remedie of a conspiracie is, not - to seeme to vnderstand thereof. So when Hanno generall + to seeme to understand thereof. So when Hanno generall of the Carthaginensians, had purposed to have slaine all the Senators, and - chiefe men of the citie, vnder the colour of the marriage of his daughter; the + chiefe men of the citie, under the colour of the marriage of his daughter; the Senat understanding of the matter, but dissembling the same, forthwith caused an edict or law to be published, concerning the charges to be made at feasts: wherein the number of the guests, & the charges of the feast (which was not @@ -33329,12 +33328,12 @@ rage of the people, which setteth all the citie on a light fire before it can be againe quenched. Wherein the princes commaunds are not to be expected, who commonly know least of such things as touch them neerest. Yea oftentimes it - happeneth princes wel to vnderstand the secrets, writings, doings, and sayings + happeneth princes wel to understand the secrets, writings, doings, and sayings of other forren princes, and yet perceiue not the fire kindled at home in their own realmes, in their own pallaces, yea euen in their owne bed chambers. The conspiracy of - Princes oftentimes better to vnderstand of the conspiracies + Princes oftentimes better to understand of the conspiracies against princes, than of such as are against themselves at Rome contriued. @@ -33396,7 +33395,7 @@ guard. And he that slew the emperour Domitian went to seeke him out euen into his cabinet with his arme in a scarfe: in such sort as did Aod kill Eglon king of the - Moabites. And if Cosmus Medices duke of Florence (hauing + Moabites. And if Cosmus Medices duke of Florence (having ceized vpon the estate) had not alwaies gone armed, neither could his great guards, nether yet his strong castles have kept him from the hands of most desperat men, who oftentimes found meanes to enter euen into his most close and @@ -33422,7 +33421,7 @@ destructions of cities and Commonweales, are most times begun for most smal matters, and such as a man would not thinke that euen they should worke such effect. In the raigne of Iustiman the emperour all the - cities of the Greeke empire were diuided into factions, for the maintaining of + cities of the Greeke empire were divided into factions, for the maintaining of the colours of Greene & Blew, which they according to their fancies tooke unto them in their sports and iusts, one of them brauing and contending with another: which in the end tooke such force and went so farre, as that the @@ -33430,7 +33429,7 @@ were letted so to doe by others of the same faction who tooke part with them, and so tooke out of the hands of the officers and executioners such as were by them led to the place of execution, and not so contented brake open the prisons also, and let loose all the - prisoners, and in the same rage burnt the temple of Saint Sophia: and to auoid the punishment which they (hauing laid downe + prisoners, and in the same rage burnt the temple of Saint Sophia: and to auoid the punishment which they (having laid downe armes) were not to hope for, made choyce of one Hippatius the captaine and ring-leader of their faction, for emperour; Iustinian with his familie in the meane time lurking in a corner. Which tumult proceeded so farre, as that thirtie thousand men were @@ -33439,7 +33438,7 @@ his life; who yet at the beginning together with his other courtiers tooke great sport and pleasure therein. The like whereof happened at Syracusa also, where two of the magistrats become riuals, and so falling out for their loue, at the first gaue occasion for other men to - laugh at them, but at length so diuided the whole Commonweale into two such + laugh at them, but at length so divided the whole Commonweale into two such factions, which so banded the one the other, as that the most couragious of the nobilitie being slaine, the people taking vp armes and driuing out them that were left of the nobilitie or better sort, tooke vpon it the soueraigntie, and @@ -33488,7 +33487,7 @@ instant="false"/>n together by the eares, sometime daungerous unto themselves. that it oftentimes falleth out, that the dogges falling unto agreement among themselves, fall all vpon the wolfe: so as did the - factions of the Colonnois and the Vrsins, who hauing discouered that pope Alexander the sixt set them still at discord and variance + factions of the Colonnois and the Vrsins, who having discouered that pope Alexander the sixt set them still at discord and variance among themselves, so by their calamities and falles to encrease the strength and power of his bastard sonne Borgia; they fell to agreement among themselves, and so made head against him their common @@ -33518,12 +33517,12 @@ Commonweale most of all to be feared, for that thereby all the hope of amitie and concord is cut off towards them which have receiued the iniurie. As it happened to the armie of Carthage, which for want of pay reuolting against the - seigneurie or state, vnder the conduct of two or three + seigneurie or state, under the conduct of two or three of their mutinous captaines, ceized vpon diuers strong townes & places which they rifled and ransackt: which captaines and ringleaders fearing to bee by the souldiours at one time or other betrayed and delivered, persuaded the rest of the chiefe principall men amongst them, to kill the ambassadours of the seigneurie, and to hang vp Hasdrubal the Generall with the rest of the Carthaginensians which - were fallen into their hands, to the end that hauing bound them by such + were fallen into their hands, to the end that having bound them by such cruelties, they should now have no hope at al to saue their lives by composition. In which case there was no other meane for the Seigneurie to vse, but euen plaine force, so vtterly to root them out which could not otherwise be @@ -33535,7 +33534,7 @@

But if discord and contention be amongst the princes and great men themselves, &How a soueraign prince is to end the quarrels and - controversies that are betwixt the nobilitie. that vnder the same + controversies that are betwixt the nobilitie. that under the same soueraigne prince, which yet he cannot either by his princely authoritie, neither by faire persuasion, nor hope of rewards, appease; he ought then to giue them arbitrators, men of great integritie and wisdome, and such as they @@ -33564,7 +33563,7 @@ civill warre, wherewith all England was in combustion eight and twentie yeares, and wherein were lost about fourescore princes of the royall blood (as Philip Comines reporteth) but for that the king tooke vpon him to be captaine of them of the faction of the house of Lancaster, - against them of the faction and house of Yorke: who at length hauing vanquished + against them of the faction and house of Yorke: who at length having vanquished and ouercome their enemies, put to death the king himselfe in prison, with all the rest of his neerest kinsmen. The conspiracie also of the marquesse of Pescara, against Charles the emperour, was grounded vpon @@ -33661,7 +33660,7 @@ innocent men were most cruelly and secretly slain and made away, than haply had bene, the daunger and eternall infamie of such hidden treacherie beeing still propounded to the offendors, to be tried - by combat. So king Lewes the ninth, hauing the honour of + by combat. So king Lewes the ninth, having the honour of God, and the welfare of his subiects before his eyes, was the first that forbad combats in this realme; which edect was thus, NOVS DEFENDONS BATAILLES PAR TOVT EN NOSTRE DOMAINE EN TOVTES QVERELLES, We forbid Combats in @@ -33698,7 +33697,7 @@ contumelious, but euen capitall also; and that especially in the time of Francis the first the French king, who in a great assembly of his greatest peers one day said, that he was - not an honest man which could endure the lie giuen him. Which he said, hauing + not an honest man which could endure the lie giuen him. Which he said, having by his heraults at armes giuen the lie to Charles the fift, for some dishonorable speeches he had giuen of him. Which yet since with vs is growne as it were into a law, so that none of the nobilitie or martiall @@ -33735,7 +33734,7 @@ and so disgraded of all his estates and honours, condemned to some shamefull death, if he will not better die of the hand of the victor. Which seueritie of punishment, and feare of infamie, might stay many as well from entring into - combats, as also from leading of a quarrellous and wicked life. For Philip the Faire hauing forbidden combats, thought it not + combats, as also from leading of a quarrellous and wicked life. For Philip the Faire having forbidden combats, thought it not good otherwise to restore them againe unto the nobilitie, but vpon the cause before knowne unto the magistrats, as it was by the old decree of the Senat prouided. As by another decree of the same Senat giuen in the controversie betwixt the counties of Foix and Armagnac, it @@ -33766,7 +33765,7 @@ to be preuented. vp armes, if the emperor Nero had not for the keeping of them in, dispersed the souldiours of his guard into every quarter of the citie, so to keepe all quiet, vntill that the execution - was done. Whereof Iustinian the emperour hauing euen in + was done. Whereof Iustinian the emperour having euen in like case failed, fell into the great and daungerous sedition (whereof we before spake) which vpon the sudden set all Constantinople almost vpon a light fire. As not long ago the two most famous cities of Paris and Antwerpe, were in @@ -33812,7 +33811,7 @@ soueraigne judges and arbitrators of the subiects: and so oft times of their absolute power and authoritie appease and quiet all their differences: wheras in the Popular gouernment the soueraigntie lieth in the people themselves, - which are so diuided into factions, who in no other acknowledge the magistrats, but as men subiect unto their commaund and + which are so divided into factions, who in no other acknowledge the magistrats, but as men subiect unto their commaund and power. Wherefore in such Commonweales such seditions and factions are with the greatest care and diligence that possible is, to be at the first preuented: but if they bee once risen before they were well foreseene, then it behoueth the @@ -33878,10 +33877,10 @@ giue leaue unto the magistrates to lie, as physitions to children and their sicke patients. So the wise Pericles, to draw the peopleThe wisedome of Pericles to draw the common peo ple - of Athens to vnderstand reason. of Athens unto reason, fed them with + of Athens to understand reason. of Athens unto reason, fed them with feasts, with plaies, with comedies, with songs and daunces; and in time of dearth caused some distribution of corne or money to be made amongst them: and - hauing by these meanes tamed this beast with many heads, one while by the eyes, + having by these meanes tamed this beast with many heads, one while by the eyes, another while by the eares, and sometimes by the bellie, hee then caused wholesome edicts and lawes to bee published, declaring unto them the graue and wise reasons thereof: which the people in mutinie, or an hungred, would neuer have hearkened @@ -33890,7 +33889,7 @@

Yet whereas we have said, that the people is to be flattered, and to have somethingHow, and when the people is to be flattered. graunted unto it: yea sometimes euen things vnreasonable; - especially in popular and Aristocraticke estates, that is to be vnderstood in + especially in popular and Aristocraticke estates, that is to be understood in time of extremitie, when as it is alreadie vp in sedition: and not for that one ought still to follow the appetite and passion of the insatiable people, and without reason: But euen to the contrarie, it is so to bee gouerned, as that it @@ -33934,12 +33933,12 @@ detested, but yet seeing the common people so resolutely set downe vpon the matter, as that they were not to be remoued, he himselfe made show also, as if he had as well as any of the rest liked of that the peoples will and purpose, - yet withall gaue the Senators to vnderstand of + yet withall gaue the Senators to understand of the great daunger they were in, and of the purpose he had for the safegard of their lives, willing them to bee of good cheere, and to feare nothing. AndThe commendable deceit of Pauius, to deceiue the angry people. so afterwards the Tribune or chiefe leader - of the mutinous people, hauing shut vp all the Senators into a strong place, as + of the mutinous people, having shut vp all the Senators into a strong place, as men appointed for the slaughter: but indeed so to preserue them from the present furie, hee then with a merrie and chearefull countenance comming forth unto the angrie people, spake unto them thus, That which you @@ -34147,7 +34146,7 @@ popular estate, viz. Ne de legibus semel reepctis ac probatis disserere liceret, That it might not be lawfull to dispute or make question lawes once receiued and allowed. For why he of others the wisest▪ well - vnderstood, lawes disputed and reasoned vpon to bee still doubted of; which + understood, lawes disputed and reasoned vpon to bee still doubted of; which doubting brought with it an opinion of the iniquity thereof; whereof must needs follow the contempt both of the lawes and magistrats, and so consequently the ruine and destruction of the whole @@ -34156,7 +34155,7 @@ is it to dispute not onely priuatly, but euen openly also of religion alreadie approued. Howbeit that Anaxagoras maintained the snow to be blacke, and Fauorinus the Quartaine feuer to bee a - very good and wholesome thing; and Carneades hauing one + very good and wholesome thing; and Carneades having one day highly commended iustice, the very next day preferred iniustice before it, and that it was (without all comparison) better to be a verie knaue than a vertuous honest man: which they all so perfuasiuely @@ -34169,7 +34168,7 @@ Affricke and of the East, doe most straitly forbid all men to dispute of their religion. Which like strict prohibition is also set downe by the lawes and decrees of Spaine. So also the king of Moscouie seeing his people, who had - receiued the rites and ceremonies of the Greekes, diuided into diuers sects and + receiued the rites and ceremonies of the Greekes, divided into diuers sects and factions, by reason of the diuers preachings and disputations of the ministers: hee thereupon forbad them vppon paine of death any more to preach or dispute of religion; and withall gaue a booke unto the @@ -34181,7 +34180,7 @@ had learned and receiued from Almightie God, and declared the same unto the people: yet in one chapter of the law (the people yet wandering vp and downe in the desart) he commaunded the priests and Leuits aloud and distinctly to reade - the law, yea, and that dayly also, that so it might bee vnderstood and knowne unto the people of every age and sexe: and + the law, yea, and that dayly also, that so it might bee understood and knowne unto the people of every age and sexe: and so in another chapter forbad any thing to be unto the lawes of God either added or detracted. Yet sayth hee not, that they should dispute thereof: but euen to the contrarie, the Hebrewes instructed by the prophets from the father to the @@ -34240,8 +34239,8 @@ ifHow a prince wel assured of the truth of his religion is to draw his subiects therunto, being therfoe - diuided into sects and factions the prince well assured of the truth - of his religion, would draw his subiects thereunto, diuided into sects and + divided into sects and factions the prince well assured of the truth + of his religion, would draw his subiects thereunto, divided into sects and factions, hee must not therein (in mine opinion) vse force: (For that the minds of men the more they are forced, the more froward and stubborne they are; and the greater punishment that shall be inflicted vppon them, the lesse good is to @@ -34258,7 +34257,7 @@ purpose, than that of Theodosius the elder, who at the beginning of his raigne found all the prouinces of the empire full of Arrians, whose strength and power was so - growne and encreased vnder three or foure Arrian emperous their favourors, as + growne and encreased under three or foure Arrian emperous their favourors, as that their doctrine was not onely by eight councels confirmed, which were at diuers times assembled at Tyre, at Sardis, at Sirme, at Milan, Seleucia, Nice, Tarsis, and especially at Ariminum (where six hundred bishops were of their @@ -34279,7 +34278,7 @@ by his law permitted. And yet neuerthelesse this emperor liuing according to his religion, and instructing his children & kinsmen in the same, wonderfully diminished the Arian sect in Europe: howbeit that they have euer - since continued, and so yet do, both in Asia and Affrike, vnder the law of Mahomet, grounded vpon the same foundation. The great + since continued, and so yet do, both in Asia and Affrike, under the law of Mahomet, grounded vpon the same foundation. The great emperour of the Turkes doth with as great deuotion as any prince in the world honour and obserue the religion by him receiued from his auncestours, and yet detesteth hee not the straunge religions @@ -34316,7 +34315,7 @@ and caused hogges also to be killed in the temple, and the Iewes to bee enforced to eat of them, tormenting such as refused so to do with all kind of torments and tortures, which in that citie wrought the change both of the - religion and state. But Ptolomeus Lagus (as Agatharchides writeth) and after him Pompeius, after long siege hauing taken Hierusalem (the same day that + religion and state. But Ptolomeus Lagus (as Agatharchides writeth) and after him Pompeius, after long siege having taken Hierusalem (the same day that the Iewes had before taken truce with Antiochus) yet both of them kept their hands from sacrilege: which Crassus did not, neither Flaccus: whome yet Cicero denieth to have taken any gold belonging unto the temple; in which oration, as serued for his purpose, hee said, The gods of the @@ -34351,7 +34350,7 @@ mens minds before the time of this Antiochus, whome wee but euen now spoke of. Which was the cause that Theodoricus king of the Gothes (though favouring the Arrians) would not yet enforce the conscience of his subiects, nor have them tormented for - their religion; least vnder the pretence of impietie hee should have seemed to + their religion; least under the pretence of impietie hee should have seemed to have taken the spoyle of their goods, or bind their minds, which could by no threats or commaunds be constrained or bound. For so he wriing unto the SenatNo man to b against his will to beleeue: as we read in Cassiodore: Which reason of all others seemeth unto me most effectuall, for the taking away of - such punishments, as are vnder the colour of religion to be inflicted vpon the + such punishments, as are under the colour of religion to be inflicted vpon the subiects. Wicked and straunge rites & ceremonies, and such other as the greater part of the subiects of greatest power detest, I thinke it good and profitable to have them kept out of the Commonweale. For the preseruation of @@ -34378,7 +34377,7 @@ become Atheists. to passe, that they which are destitute of the exercise of their religion, and withall distasted of the religion of the others, shall become altogether Atheists (as wee daily see) and so after that - they have once lost the feare of God, tread also vnder foot both the lawes and + they have once lost the feare of God, tread also under foot both the lawes and magistrats, and so inure themselves to all kinds of impieties and villanies, such as is impossible by mans lawes to be redressed. Howbeit what lettteth vs to follow the councell of the most holy prophets, of whom BarucTertullian and Epiphanius: whereof the cause was, the multitude and varietie of such different opinions, which so still held one of them in counterpoise with another. Now in matters of sedition and - tumult, nothing is more dangerous, than to have the subiects diuided into two + tumult, nothing is more dangerous, than to have the subiects divided into two opinions or factions onely, whether it be before matters of estate, or of - religion, or for the lawes and customes, or other matters whatsoeuer that the subiects are so diuided. For that but + religion, or for the lawes and customes, or other matters whatsoeuer that the subiects are so divided. For that but one thing can by nature be contrary unto another thing: and moe things than one to be contrarie unto one, is a thing not to be imagined. So that where there be moe than two sects or sorts, there must needs be some in the meane betwixt the @@ -34469,7 +34468,7 @@ auntients called , or - Fire-bearers, who hauing orderly performed their + Fire-bearers, who having orderly performed their solemne execrations, cast fire brands betwixt both armies standing readie ranged, and so stirred them vp to battell: but yet retired themselves in safetie out of the medley and daunger. Now if the law of Solon might take place, these fire makers durst not sow debate and @@ -34533,7 +34532,7 @@ rebellious or seditious citisens: so as wee read to have bene done in the rebellions at Montpelier, and at Bourdeaux, which were yet afterward unto them againe not without a great fine restored: howbeit that the greater part of the inhabitants of Bourdeaux most instantly - requested, That they might not be so restored, hauing felt the commoditie that + requested, That they might not be so restored, having felt the commoditie that came thereby. But whether well or euill, I leaue it to the resolution of every man of sound iudgement. The great emperour of the Turkes, with the other princes of the East, have taken strait order, That this inuention of belles, @@ -34607,7 +34606,7 @@ oftentimes aduised vs, Not to become suretie for another man: not for that he forbiddeth a charitable dealing one of vs towards another (as many have thought) but rather to - giue all men to vnderstand, That they which become sureties for wicked men, and + giue all men to understand, That they which become sureties for wicked men, and so find meanes to deliver them from deserued punishment, shall beare the pain of the offendors guilt therefore. As was said to king Achab, who had saued the life of Benadab the king of Syria, whom hee should have put to death, God caused it to bee told @@ -34654,7 +34653,7 @@ well, fiftie vse the same euill, & that amongst 50 Orators it is hard to find an honest man. For that to seeke after the plaine & bare truth, were a thing altogether contrarie unto their profession, seeing that the best rule - that Cicero giueth vnder the person of Marcus Antonius the Orator, is to say nothing against himself: or + that Cicero giueth under the person of Marcus Antonius the Orator, is to say nothing against himself: or rather as Aristotle saith, So well to disguise matters, as that the deceit thereof cannot not be discouered: or to speake more plainly, to couer all things with lies and @@ -34665,16 +34664,16 @@ others of them to have vtterly ruinated the same; in which doing they have also almost all of them ended their dayes by violent death. Which it is not needfull here to proue by the Orators of Athens, or of Rome, but euen by those of our - age, who have so well besturred themselves, as that vnder the colour of + age, who have so well besturred themselves, as that under the colour of religion they have troubled all the empires both of Affrike & of the West: yea and many of them so wrested the scepters euen out of the kings hands. As it happened - unto the king of Marocco, descended (as is supposed) from the house of Ioseph, from whom a preacher vnder the vaile of religion + unto the king of Marocco, descended (as is supposed) from the house of Ioseph, from whom a preacher under the vaile of religion tooke both the crowne and scepter: & albeit that he was commonly called the Asse Knight, yet preached he so well, as that he assembled an armie of sixscore thousand men to take his part. In like sort he which was first called the Sophi, inuaded the kingdome of Persia, and in short time draue out the children of Vsun Cassan the lawfull - king, vnder the same coulour of religion. As also not long agoe Iohn of Leiden (who of a botcher became a preacher) + king, under the same coulour of religion. As also not long agoe Iohn of Leiden (who of a botcher became a preacher) ceised vpon Munster the Metropoliticall citie of Westphalia, and there taking vpon him the state of a king, was hardly after three yeares siege by the imperiall armie thence remoued. And by the selfe same meanes Hierome Sauanarola a preacher, @@ -34765,13 +34764,13 @@ people of the East are found to differ much from them of the West: And in the same latitude and difference from the Equator, the people of the North differ from them of the South: And which is more, in the same climat, latitude, and - longitude, and vnder the same degree, we find a difference betwixt a hilly + longitude, and under the same degree, we find a difference betwixt a hilly countrey and the plaines: so at in the same citie, the diuersitie of hills and vallies forceth a diuersitie of humors and dispositions: And townes seated vppon vneuenTownes vneuenly built vppon mountaines and vallies, are subiect to seditions. places, are more subiect to seditions and chaunges, than those that are built vppon an equall and plaine ground. The citie of Rome, which hath - seuen hils, was neuer long without sedition. And Plutarch (hauing not duely examined the cause) doth wonder why there + seuen hils, was neuer long without sedition. And Plutarch (having not duely examined the cause) doth wonder why there were three factions in Athens of diuers humors: those of the high citie, which they called Astu, demaunded a Popular State; those of the base towne required Oligarchia, or the gouernment of @@ -34787,9 +34786,9 @@ time, when as the Athenians were so little mingled with any other nations, as they held for certaine, that they were issued out of the land of Attica, wherin the Orator Aristides doth glorie. In lik sort we say the - Swissers (hauing their originall out of Sweden) to be verie different in + Swissers (having their originall out of Sweden) to be verie different in manners, nature, and gouernment: for although they be more strictly allied than - euer any nations were, yet the fiue small cantons of the mountaines, and the + euer any nations were, yet the five small cantons of the mountaines, and the Grisons, are held more fierce and more warlike, and do gouerne wholy popularly: the rest are more tractable, and are gouerded by an Aristocratie, being more enclined thereunto, than to a Popular estate. It is needfull to have a speciall @@ -34803,7 +34802,7 @@ and the matter propunded: whereas the Senatour Vespucius did show by lively reasons, That an Aristocraticall estate was without all comparison the most sure, and farre better than a Popular gouernment; giuing - for an example the state of Venice, flourishing vnder the commaund of few + for an example the state of Venice, flourishing under the commaund of few gentle men: but Antonie Soderine maintained a Popular estate, and preuailed; saying, ThatGuichardin. the nature of the Venetians was proportionable to an Aristocratie, & the @@ -34860,7 +34859,7 @@ choyce: yet was he chosen againe by the people. That which I say may be easily discerned by the difference of the Athenian and Roman Orators: for these did more respect the maiestie of the people, than those of Athens, who abused the people with such insolencie, as one of them - hauing assembled the people for matters of state, after that he had made them + having assembled the people for matters of state, after that he had made them to attend him long, in the end he came into the pleading place, with a garland of roses, saying unto them, That hee had resolved that day to feast his friends, and so departed: whereat the people laughed. Another time Alcibiades speaking to the people, let flie a quaile out @@ -34876,7 +34875,7 @@ greatest, and it may be the chiefest foundation of a Commonweale, is to accommodat the estate to the humor of the citisens; and the lawes and ordinanees to the nature of the place, persons, and time. For although Baldus saith, That reason and naturall equitie is not - restrained nor limited to a certaine place: that is to bee vnderstood, when as + restrained nor limited to a certaine place: that is to bee understood, when as the reason is vniuersall, and not whereas a particular reason of places and persons receiuesA good Architect fits his building according to the stuffe he finds vpon the place. a priuate consideration. For @@ -34891,7 +34890,7 @@ violent winds: then will we shew how much discipline may change the nature and disposition of men, reiecting the opinions of Polybius, and Galen, who held, That the countrey and nature of the - place did rule necessarily in the manners of men. And the better to vnderstand + place did rule necessarily in the manners of men. And the better to understand the infinit varietie which may be betwixt the people A diuision of people. of the North and South, we will @@ -34903,9 +34902,9 @@ thirtie degrees of the nations of the North, and the regions that be exceeding cold. The like diuision may be made of regions beyond the Equator, towards the Antartike Pole: then wee will diuide the thirtie degrees of the burning regions - into the moitie, the fifteene firstThe heat is greater vnder - the Tro pick, than vnder the Equator. being more moderat, betwixt the - Equator and the Tropickes; the other fifteene more burning, vnder the Tropicks: + into the moitie, the fifteene firstThe heat is greater under + the Tro pick, than under the Equator. being more moderat, betwixt the + Equator and the Tropickes; the other fifteene more burning, under the Tropicks: and by the same meanes we will take the fifteene degrees following of the temperat region, which stretcheth unto the 45 degree, which hold more of the South, and the other fifteene unto the sixtieth degree, the which are more distempered in cold, and incline more to @@ -34927,10 +34926,10 @@ are little, leane, and tamed with cold; the which Hipocrates doth confesse, the which we must reconcile with the rest, in settingAristotle & Hipocrates agree herein. the limits as I have said. And the saying of Hipocrates - shall bee vnderstood of those nations that inhabit beyond the 70 degree towards + shall bee understood of those nations that inhabit beyond the 70 degree towards the Poles. We will also allow of the opinion of Hippocrates, and after him of Aristotle, who have written, That the people of the North have a flaxen and fine haire. And - yet Galen saith, That they have the haire red: the which we must vnderstand of those + yet Galen saith, That they have the haire red: the which we must understand of those that are about the 60 degree, whereof there are many in England, whome the inhabitants say are issued from the Danes and Swedens, who inuaded England; noting them by their red haire. But from the Baltique sea unto the 45 degree, @@ -34969,7 +34968,7 @@ throughout a whole countrey. The which Aristotle doth affirme in his Problemes, That the heatThe heat more vehement in sommer in cold countries than in hoat. is more violent in - cold countries than in hoat: but that is to bee vnderstood in watry places. And + cold countries than in hoat: but that is to bee understood in watry places. And whereas there is some mountaine which doubleth the heat by reuerberation; as it happened in the towne of Naim in Gascoine, the which was wholy burnt with the heat of the sunne at noone day, in the yeare 1540: and the towne of Montcornet @@ -34994,7 +34993,7 @@ springs and riuers rise all towards the North (as we read in Leo of Affrike) also the sun casting his beams perpendicularly vpon the countrey, would make that inhabitable, the which is one of the most fruitfull and best peopled countries in the world. And euen as in winter the - places vnder ground, and the inward parts of creatures, retaine the heat which + places under ground, and the inward parts of creatures, retaine the heat which doth euaporat in summer: euen so it fares with people that inhabit the Northerne parts, which have the inward heat more vehement than those of the Southerne regions: which heat causeth the forces and naturall powers to be @@ -35004,7 +35003,7 @@ armies which come from the Southerne parts into the North, are more vigorous and lustie; as it was seene in the armie of Hannibal passing into Italy, and the armie of Moores and Arabians, which have come into - Europe: and of seuen thousand Spaniards which passed into Germanie, vnder the + Europe: and of seuen thousand Spaniards which passed into Germanie, under the emperour Charles the fift: and of fortie thousand Gascoines, which went to succour the king of Sweden, who obtained goodly victories. And contrariwise the armies that come out of the North, grow weake @@ -35014,7 +35013,7 @@ languished with heat which they felt in Prouence, the which would soone have consumed them all, although they had not bene vanquished by the Romans: as it happened to the French before Naples, - & to the Lansquenets which passed into Italie, vnder the commaund of Charles of Bourbon and of George + & to the Lansquenets which passed into Italie, under the commaund of Charles of Bourbon and of George Fronsperg, of the which after they had sackt Rome, there died ten thousand without any blow, before the yeare was expired, as Guichardine writes. This doth also plainely appeare in the troupes of cattell which goe out of the North into the South, they loose their fatnesse, @@ -35064,7 +35063,7 @@ empire of the Assyrians, Medes, Persians, Perthians, Grecians, Romans, Celtes. And although that the Arabians & Moors had for a time ceised vpon the empire of Persia, Syria, Aegypt, and Barbarie, & - brought a good part of Spaine vnder subiection, yet could they not subdue + brought a good part of Spaine under subiection, yet could they not subdue Greece nor Italie. And whereas they would have subiected Fraunce, they were vanquished, and their armie of 300 thousand men (which they had brought) defeated. In like sort the Romans have stretched forth their power ouer all the @@ -35077,7 +35076,7 @@ the riuer of Danow, and vanquished Decebalus king of Daciens; yet the emperour Adrian his successour, caused it to bee broken downe, - fearing least the people of the North (hauing such a passage open) should enter + fearing least the people of the North (having such a passage open) should enter into the heart of the Roman empire: as they did after that the emperour Constantine had discharged the Roman legions, which guarded the riuer of Rhine and Danow: For soone after the Almans, then the Gothes, Ostrogothes, Vandales, Francs,The people of the @@ -35090,7 +35089,7 @@ well knowne how much more populous France is than England, and England than Scotland. We may obserue the like in the Turkes, a Northerne nation, who hath extended the greatnesse of their empire to the - goodliest regions of Asia, Affrica, and Europe, hauing in a manner subdued all + goodliest regions of Asia, Affrica, and Europe, having in a manner subdued all the ilands of the Mediterrannean sea; yet have they bene defeated by the Tartarians, & are much trouled to make head against the Moscouits. We read, that God did threaten his people by the oracles of his prophets with the @@ -35245,8 +35244,8 @@ counterfeit the Roman engines of warre, as it seemed the Romans were but their apes, he vseth these words, Ipsi homines ingeniosissimi ac subtilissimi, The men themselves were verie wittie and politike: And - yet Aegypt is partly vnder the Tropique, whereas the heat is more violent than - vnder the Equator, by the iudgement of Possidonius and + yet Aegypt is partly under the Tropique, whereas the heat is more violent than + under the Equator, by the iudgement of Possidonius and the Spaniards. The Romans held the like opinion of the people of Affrike, whom they called Paenos, who had often deceiued the Romans, and ouerthrowne their forces by policie. So Columella @@ -35272,12 +35271,12 @@ as well for the equitie of his cause, as for the alliance of the house of Fraunce, yet he expected not so happie an issue of his affaires: the which was cunningly handled by the Spaniard, which reaped both thankes, and the greatest - fruits of this treatie, hauing so much diminished the state of Fraunce (which + fruits of this treatie, having so much diminished the state of Fraunce (which stretched euen unto the gates of Milan) and set the duke of Sauoy as it were a barre betwixt Italie and Fraunce, to shut vp the passage that the French might pretend no more in Italie. It cannot be denied, that such as had the charge to capitulat for the French, did not shew so great discretion, faith, and - loyaltie, as they might: but I vnderstand from one of good credit, that it was + loyaltie, as they might: but I understand from one of good credit, that it was resolved in the councell of Spaine, That they should prolong the treatie all they could; for that the nature of the French was so sudden andThe reason why the Spaniards circumuent the French. actiue, as they would easily yeeld to that @@ -35358,11 +35357,11 @@ Tunis had 1500 light horsemen of Christians renigadoes, and his guard of Turkish and Christian Slaves, as Leo of Affrike saith; knowing well that the people of the North have more force than subtiltie, and - hauing receiued entertainment of any prince, they alwayes remaine faithfull for + having receiued entertainment of any prince, they alwayes remaine faithfull for the guard of his person, and to revenge his iniuries (although he be a tyrant) neuer aspiring to his estate. And therfore - Chereas captaine of the guard to the emperour Caligula, hauing slaine the emperor, was + Chereas captaine of the guard to the emperour Caligula, having slaine the emperor, was The people of the North faithful to the prince that entertaineth them presently murdered by the guard, which were @@ -35401,7 +35400,7 @@ horrible treacheries mentioned by Leo of Affrike (and in our age) betwixt Muleasses and his owne children. And euen the king of Tenesme beeing solicited by Ioseph king - of Marocco to submit himselfe vnder his obedience, which his grandfather had + of Marocco to submit himselfe under his obedience, which his grandfather had reiected, he slew his ambassadours; wherewith the king of Marocco beeing insenced, put a million of people to the sword in the realme of Tenesme, leauing him neither towne, castle, house, @@ -35410,7 +35409,7 @@ after that he had forced the fort of Vngiasen, hee was not content to put all to the sword, but he cut & tare the children out of their mothers wombes. And the same author writes, That Isaak king of Tombut in - Affrike, hauing taken the king of Gagao, he caused him presently to bee put to + Affrike, having taken the king of Gagao, he caused him presently to bee put to death, and his children to be guelt to serue him as Slaves, doing the like unto al the kings he takes. We read of the like cruelties or greater at the West▪Indies, newly discouered: for the Brasilians are not contented to eat the @@ -35446,7 +35445,7 @@ store of fooles and mad men in all places and of all sorts, yet those of the Southerne parts have many terrible visions, they preach and speake many languages without learning them, and are sometimes possest with euill spirits, - hauing leane bodies, more like unto ghosts then those corpulent and sanguin men + having leane bodies, more like unto ghosts then those corpulent and sanguin men towards the North, which do nothing but dance,Why musicke cures mad men, and expels diuels. laugh and leape in their fooleries: and in Germanie it is called the disease of S. Victus, @@ -35501,7 +35500,7 @@

We have yet another notable difference betwixt the people of the South and of the North, for that these are more chast and abstinent, and those of the South much giuen to lust, the which growes by reason of the spongious melancholie, so - as all Monsters do commonly come from Affrike, which Ptolomie saith to be vnder Scorpio andThe people of the South much giuen to women. + as all Monsters do commonly come from Affrike, which Ptolomie saith to be under Scorpio andThe people of the South much giuen to women. Venus, adding moreouer, that all Affrike did worship Venus: and Titus Liuius speaking of the Numidians (who were the most Southerly of all the Romans subiects or @@ -35520,7 +35519,7 @@ twelue men: and many men inA strange manee of gelding of men, which they vsed in Scythia & low Germanie. the North parts knowing their owne insufficiencies, geld themselves in despight, cutting - the vaines Parotides vnder the eares, as + the vaines Parotides under the eares, as Hippocrates sayth: who seeking out the cause of this disabilitie, concludes, that is for the coldnes of the bellie, and for that, they are commonly on horseback: wherein he is deceiued, for Aristotle holdeth, that agitation doth prouoke; and as for want of @@ -35570,7 +35569,7 @@ instant="false"/> ) might be legitimate, yet this lawe was reiected: and the same lawe being - reuiued by Ihon Leiden a cobler, hauing made himselfe + reuiued by Ihon Leiden a cobler, having made himselfe king of Munster in Westphalia, did more trouble their estate than all the other lawes and alterations which he made. But the Romaine Emperours made a generall lawe to all nations without any @@ -35603,7 +35602,7 @@ the cause of long life. bloud, and that very melancholie. Francis Aluarez reporteth, that he had seene Abuna Mare Bishop of Ethiopia who was 150 yeares old, and yet verie lustie, which was the greatest age that euer was found in the Censors registers at Rome. And we must not wonder if Homer - sayth, that Memnon king of Ethiopia lived fiue hundred + sayth, that Memnon king of Ethiopia lived five hundred yeares, for Xenophon long after writes, that in the same countrie there were men that lived sixe hundred yeares: but those of the South have verie drie bodies, and are subiect to the falling sicknes, quartaine @@ -35614,7 +35613,7 @@ The people of the South subiect to extreames. - Liuius hauing much commended Hannibal for his heroicall vertues, These great vertues (saied hee) + Liuius having much commended Hannibal for his heroicall vertues, These great vertues (saied hee) were accompanied with as great vices, inhumane cruelty, treacherie, impietie, and contempt of all religion: for greatest spirits are subiect to greatest vertues and vices. Wherein the auntient writers have bene deceiued, commending @@ -35708,7 +35707,7 @@ reason can preuaile: as we reade in the historie of the Indies, that Christopher Colombus when he could not draw the people ofA fine policie of Colombus the Geneuois. the West Indies unto humanitie by any flatterie or faire meanes, he shewed them the - Moone the which they did worship, giuing them to vnderstand that she should + Moone the which they did worship, giuing them to understand that she should soone lose her light: three dayes after seeing the Moone ecclipsed, they were so amazed, as they did what he commanded them. So the more we draw towards the South, the more deuout we finde men, and the @@ -35751,7 +35750,7 @@ parties occasion to agree friendly, and to discharge their choller vpon the Iudges and aduocates, else they would fall to armes, whereby it appeares that the people of the middle region are more capable to gouerne a commonweale, as - hauing more naturall reason, the which is proper to humaine actions, and as it + having more naturall reason, the which is proper to humaine actions, and as it were the touchstone to destinguish the difference betwixt good and euill, betwixt right and wrong, and betwixt honest and dishonest things. Wisedome is fit to commaund, and force to execute, the which is proper to the people of the @@ -35817,11 +35816,11 @@ In Method. hist. cap. 5. and the true constitution thereof; as I have shewed in another place: the right part which - is the more strong and masculine, hauing the lyuer and the gall, which the + is the more strong and masculine, having the lyuer and the gall, which the Hebrewes attribute to the Moone and Mars, sheweth plainely the nature of the people of the North to be sanguin and warlike. The left side, which is the feminine part (so called by the Philosophers) and the - weaker, hauing the spleene and the melancholike humor, discouers the qualitie + weaker, having the spleene and the melancholike humor, discouers the qualitie of the people of the South. Euen so we find more women in the Southerne parts, and more men in the North: for else it were impossible that euerie man in the South countries should have so many wiues.More women in the @@ -35883,7 +35882,7 @@ other side mount Atlas: for the one are very white, and the other exceeding blacke; the one subiect to many infirmities, the other sound, cheerefull, and of long life. We must not then maruell if the - Florentine (who is towards the East and South, hauing the mountaines at his + Florentine (who is towards the East and South, having the mountaines at his backe vpon the North & West) be of more subtill spirit than the Venetians, and more aduised in his priuat affaires:The cause or the diuersitie of humors in Italie. and yet the Florentines in their @@ -35908,7 +35907,7 @@ gaue God thankes, That he was a Grecian, and not a Barbarian; an Athenian, & not a Theban; although there be not twentie leagues betwixt Thebes and Athens: but the situation of Athens was - towards the south, inclining towards Pyrene, hauing a little mountaine behind + towards the south, inclining towards Pyrene, having a little mountaine behind it, and the riuer Asopus betwixth the two cities: so the one was giuen to learning and knowledge, and the other to armes. And although they had one kind of Popular gouernment, yet was there no sedition in Thebes, whereas the @@ -35929,7 +35928,7 @@

That which I have spoken of the nature of the Northerne countries, agrees with the mountaines, the which are oftentimes more cold than the regions that are farre Northward: for in many places they have snow and yce perpetually: and - euen vnder the Equator the mountaines of Peru are so high and cold, as many + euen under the Equator the mountaines of Peru are so high and cold, as many Spaniards died for cold, and lay long dead before they corrupted; as we read in the histories of the West Indies. Leo of Affrike hath no cause to wonder, why the inhabitants of the high mountaine of Megeza in Affrike @@ -36085,7 +36084,7 @@ through sloth, to the eternall infamie of their idle prelats. Whereby it appeares how much education preuailes: whereof Licurgus - made triall, hauing bred vp two grayhounds of + made triall, having bred vp two grayhounds of one litter, the one in hunting, the other to the pottage pot, and then made triall of them before all the people of Lacedemon, bringing forth a quick hare, and pots of meat; so as the one followed the hare, and the other ran to the @@ -36096,10 +36095,10 @@ be altered, as we may see of the Gothes, which did inuade. Spaine, and high Languedoc; and the auntient Gaules which did people Germanie, about the blacke forrest and Francford, with their Collonies. Caesar - saith, That in his time (which was some fiue hundred yeres after their passage) they had chaunged their manners and + saith, That in his time (which was some five hundred yeres after their passage) they had chaunged their manners and naturall disposition with that of Germany.

-

But it is needfull to purge an errour into the which many have fallen, hauing +

But it is needfull to purge an errour into the which many have fallen, having taxed the French of lightnesse, imitating therein Caesar, Tacitus, Trebellius, and Pollio. If they tearme a certaine alacritie and promptnesse in all their actions, Lightnesse; the @@ -36154,9 +36153,9 @@ - With dust to be orespred, to sweat vnder the weight of armes, + With dust to be orespred, to sweat under the weight of armes, - For countrey, kin, and eke for king, to vnder goe all harmes; + For countrey, kin, and eke for king, to under goe all harmes; Yea death it selfe to them is sweet. Thus farre Mantuan. @@ -36197,14 +36196,14 @@ souldier, the other a philosopher; the one fit for armes and labour, the other for knowledge and rest. If then the inhabitants of the South be wilfull and obstinate, as Plutarch sayth, speaking of the Affricans, maintaining his resolutions very - wilfully, it is most certaine that the other is changeable, and hauing no + wilfully, it is most certaine that the other is changeable, and having no cōstancie, those of the middle regions hold the vertue of the meane, betwixt wilfulnes and lightnes, not being changeable in their resolutions without reason, like unto the people of the North, nor yet so setled in their opinions, as they will not be altered without the ruine of an estate. Tacitus writing of the Germains, saith, that they hold it no dishonor to denie their word. The Eastgoths and Weastgoths being expelled by Attila, they required some land to inhabit from the Emperour Valens, swearing to imbrate the Christian - religion, which hauing granted them, they treacherously seazed on Valens, and burnt him alive, and the people of Gronland + religion, which having granted them, they treacherously seazed on Valens, and burnt him alive, and the people of Gronland which are neerest unto the Pole, being of an inconstant humor, as Munster @@ -36251,7 +36250,7 @@ pronouncing their aspirations more lightly, and interlacing the vowels with the consonants: as the Saxon when he calles a horse Pferd, the Flemings say Perd, and so of many others. For alwaies the people of the North, or that dwell vpon - mountaines, hauing a more inward heate, deliver their words with greater + mountaines, having a more inward heate, deliver their words with greater vehemencie and more aspiration than the people of the East or South, who interlace their vowels sweetly, and auoid aspirations all they can (and for the same reason women who are of a colder complexion than men, speake more sweetly) @@ -36275,7 +36274,7 @@ are more Eastward than Germanie, to pronounce much more sweetly: and the Geneuois being more Southerly than the Venetian these men pronounce Cabre, and the Geneuois say Crabe, whereby the Venetians distinguished them that fled, - hauing gotten a great victorieThe nature of the place doth + having gotten a great victorieThe nature of the place doth commonly change the language. against the Geneuois, making them to pronounce Cabre, and killing all them that could not do it. The like did the inhabitants of Montpellier in a sedition which hapned in the time of king Charles the fift, seeking to kill the strangers, they @@ -36337,9 +36336,9 @@ and loue betwixt subiects; and contrariwise inequalitie the spring of all diuisions, factions, hatred and partialities: for he that hath more than an other, and sees himselfe to have greater wealth, he will also be higher in - honor, in delights, in pleasures, in diet and in apparell, hauing no great + honor, in delights, in pleasures, in diet and in apparell, having no great regard of vertue: the poore on their part conceiue an extreme hatred and - iealousie, seeing themselves thus troden vnder foote, they thinke themselves + iealousie, seeing themselves thus troden under foote, they thinke themselves more worthie than the rich, and yet are opprest with pouertie, honger, miserie and reproch. And therefore many antient law giuers did equally diuide the goods and lands among theEqualitie the surest maintenancThomas Moore Chancellor of England in his Commonweale sayth, That the only way of safetie for an estate, is when as men live in common: the which cannot be whereas is any - proprietie. And Plato hauing charge to frame the + proprietie. And Plato having charge to frame the Commonweale and new Colonie of the Thebans and Phociens, by the consent of the subiects which sent Ambassadors to him to that end, he departed, leauing it vnfinished, for that the rich would not impart any of their wealth unto the @@ -36361,16 +36360,16 @@ That he had neuer seene a goodlier fier: then he began to deuide his owne goods equally, but when he sought to distribute the lands, he was cast into prison by the Ephores and there slaine. In like sort Nabis the - tyrant hauing taken the citie of Argos, published two Edicts, the one to free + tyrant having taken the citie of Argos, published two Edicts, the one to free them of all debts, the other to deuide the lands equally: Duas faces (sayth Titus Liuius) noantibus res ad plebem in optimates accendendam: Two firebrands for them that sought for innouations to kindle and incense the people against the better sort. And although the Romains have in that point seemed more iust than other nations, yet have they often - granted a generall recision of debts sometimes for a fourth part, sometimes for a third, and sometimes for all; hauing + granted a generall recision of debts sometimes for a fourth part, sometimes for a third, and sometimes for all; having no better meanes to pacifie the mutinies and seditions of the multitude, least it should happen unto them as it did unto the chiefe men among the Thuriens, - who hauing gotten all the lands into their hands, the people seeing themselves + who having gotten all the lands into their hands, the people seeing themselves opprest with debt and vsurie, and without any meanes to satisfie, they fell vpon the rich and expelled them from their goods and houses. These reasons may be held goodly in shew, when as in truth there is nothingEqualitie of goods dangerous to a Commonweale. more pernitious and @@ -36382,10 +36381,10 @@ what can there be expected but the vtter subuersion of an estate? for there can be no trust one in an other. Moreouer such generall abolitions do most commonly hurt the poore, and ruine many, for the poore widowes, orphelins, and meaner - sort hauing nothing but some little rent, are vndone when this abolitionAbolition of debts ruins the poorer sort. of debts + sort having nothing but some little rent, are vndone when this abolitionAbolition of debts ruins the poorer sort. of debts comes; whereas the vsurers preuent it, and oftentimes gaine by it: as it happened when as Solon and Agis - did publish an abolition of debts, for the vsurers (hauing some intelligence + did publish an abolition of debts, for the vsurers (having some intelligence thereof) borrowed money of all men, to defraud their creditors. Besides, the hope of these abolitions do incourage the prodigall to borrow at what rate soeuer, and when their credit is crackt to ioyne with the poore which are @@ -36398,7 +36397,7 @@ oppression of vsurie, and the barren nature of siluer, the which cannot be in lawfullEqualitie of goods the ruine of humane societie. successions, so as we may rightly say, that such a diuision - of another mans goods, is a meere robberie vnder a shew of equalitie, and the + of another mans goods, is a meere robberie under a shew of equalitie, and the ruine not onely of a Commonweale, but of all humane societie. To say, That equalitie is the nurce of friendship; is but to abuse the ignorant: for it is most certaine, that there is neuer greater hatred, nor more capitall quarrels, @@ -36411,16 +36410,16 @@ their friendship the more firme. And whatsoeuer they say of Solon, it appeares sufficiently by the institution of his Commonweale, that he made foure degrees of citisens according to their reuenewes, and as many degreesSolons deuision of citisens. of state and - honours: the rich had fiue hundred measures of corne, wine, or oyle, in rent; the next three hundred, others two hundred, + honours: the rich had five hundred measures of corne, wine, or oyle, in rent; the next three hundred, others two hundred, and those which had lesse might beare no office of honour. And euen Plato hath made three estates in his second Commonweale, one richer than another, ordaining, That every one - of the fiue thousand & fortie citisens, should leaue one of his children + of the five thousand & fortie citisens, should leaue one of his children sole heire. And as for that which Licurgus did, who would have equalitie perpetually observed in succession, diuiding the lands by the powle; it was impossible, for that he might see before his eyes, or soone after,Equalitie impossible to be kept in a state. - this equalitie quite altered, some hauing twelue or fifteene children, others + this equalitie quite altered, some having twelue or fifteene children, others one or two, or none at all: the which would be more ridiculous in those countries whereas pluralitie of wiues is tollerated, as in Asia, and in a manner throughout all Affrike, and at the new found lands, whereas it falles @@ -36429,7 +36428,7 @@ the Milesians, who would not allow aboue ten thousand citisens, the which Aristotle did like well of, but by that meanes they must banish the ouerplus, or else execute the - cruell law of Plato approued by Aristotle, who hauing limited the number of his citisensA cruell law made by Plato. to fiue thousand and fortie, + cruell law of Plato approued by Aristotle, who having limited the number of his citisensA cruell law made by Plato. to five thousand and fortie, ordained that they should cause the rest to miscarrie as soone as they were conceiued, and those that were borne lame or crooked should be cast off: the which cannot be spoken without great impietie, that the goodliest creature @@ -36452,7 +36451,7 @@ that there are many which be as a meane betwixt the rich and the poore, the good and the wicked, the wise and the simple, and artificers and noblemen, which may recoucile these extremes when they disagree: and there is nothing more dangerous than to have the - subiects diuided into two factions without a meane, the which doth vsually fall + subiects divided into two factions without a meane, the which doth vsually fall out in cities where there are but few citisens. Laying aside therefore this opinion of equalitie in a Commonweale alreadie framed, rauishing and taking away another mans goods, whereas they should preserue to every man his owne, @@ -36462,7 +36461,7 @@ the which diuision should be made by families, and not by the powle, reseruing alwaies some prerogatiue for one of the familie, and some right for the elder in euerie house, according to the law of God; - who doth shew vs with his finger what course to take, for hauing chosen the + who doth shew vs with his finger what course to take, for having chosen the tribe of Leui to giue him the right of the elder aboue the other twelue, he gaue them no lands but only houses in cities, appointing them the tenth of every tribe (which was twelue tenths) without any labour, the @@ -36476,7 +36475,7 @@ than to another: and yet he hath kept among the twelue tribes, except that of Leui, an equall deuision of inheritances; and among the yongers an equall deuision of the succession, except the right of the - elder, the which was not of two third parts, nor of foure fiue parts, nor of + elder, the which was not of two third parts, nor of foure five parts, nor of all; but of the halfe, to the end that such inequalitie should not be the cause of the great wealth of some few subiects, and the extreame pouertie of an infinit number: which is the occasion of murthers among brethren, of diuisions @@ -36499,7 +36498,7 @@ lawfull conuentions, and giues occasions to mutines to trouble the state, hoping still to have abolition of debts, or at the least an abatement of interests which have bene long due, reducing them to - the fiue and twentieth penie: the which hath bene observed in Venice. We see by + the five and twentieth penie: the which hath bene observed in Venice. We see by the law of God, that debts are not cut off, but it giues the debtor respight the seuenth yeare, and suspends the debt. But the true meanes to preuent vsurers to ease the poore for euer, and to maintaine lawfull contracts, is to @@ -36532,8 +36531,8 @@ forbidden in Rome. by the law Genutia, for the dayly seditions which happened by the contempt of those lawes of vsurie: for what moderation soeuer you make of vsurie, if it bee any thing tollerated it will soone encrease. And - those which maintaine vnder a color of religion, That moderat vsurie or rents, - after foure or fiue in the hundred, are honest and iust, for that the debtor + those which maintaine under a color of religion, That moderat vsurie or rents, + after foure or five in the hundred, are honest and iust, for that the debtor reapes more profit than the creditor, abuse the word of God, which doth expresly forbid it. For although some would take light interest for the good of the debtor, yet many would abuse it. For euen as a @@ -36579,7 +36578,7 @@ deerer than that which nourisheth, nor any thing more necessarie. And thereforeNothing deerer or more necessarie than that which nourisheth. the emperour Iustinian - hauing rated vsurie for the countrey man at foure in the hundred in money, he + having rated vsurie for the countrey man at foure in the hundred in money, he decreed, They should pay but twelue in the hundred in fruits, and not fiftie in the hundred as had bene formerly vsed. Charles of Molins had no cause to seeke to correct the Greeke and Latine text of the law, against @@ -36604,11 +36603,11 @@ giuen way to rents & annuities, the which were little before that time in vse, the interest hath growne so high, as the vsurie limited by Iustinian, & partly practised by the Cantons of the Swissers, is farre more easie and more supportable, although the laws of - Fraunce and Venice do not allow any man to demaund aboue fiue yeares arrerages + Fraunce and Venice do not allow any man to demaund aboue five yeares arrerages past: For this sufferance of interest, without interest hath growne to be a law, wherby the vsurers doe sucke the blood of the poore with all impunitie, especially in sea towns, where there is a common bourse or banke; as at Genes, - where there are some worth foure or fiue hundred thousand duckets, others aboue + where there are some worth foure or five hundred thousand duckets, others aboue a million, as Adam Centenier, & they say that Thomas Marin hath twise as much. So as the marchant for the sweetnesAnnuities worse than interest. of gaine giues ouer his traffique, the artificer scornes his shop, the labourer leaues @@ -36660,7 +36659,7 @@ declaration drawne out of the Treasure of France, by the which the twentie barrons of Normandy named in the act, dated in the yere 1202, declare unto Philip Augustus, That the goods of him that dies without making a will, - belonged unto him, hauing laine three dayes sicke before his death: and by the + belonged unto him, having laine three dayes sicke before his death: and by the confirmation of the priuileges of Rochell, graunted by Richard king of England and earle of Poitou, it is said, That the goods of the Rochelois should not bee confiscat, althoughThe anntient rights o The fift shal not be leuied of those which die intestat, so as they have any children, or kinsfolke within the fourth degree fit to succeed. It is no wonder then if the clergy were rich, seeing that - euerie man was forced to make a wil & to leaue the church a legacie, vnder + euerie man was forced to make a wil & to leaue the church a legacie, under rigorous paines; being also straitly defended for many yeares, not to alienat nor rent out the goods of the church, vpon paine of nullitie. By the commaundement of Charles the ninth a suruay was made of all the reuenewes of the church within this @@ -36723,7 +36722,7 @@ Commonweale which priuate men held without paying any thing, might be deuided among the people: the which did greatly amaze the rich, and caused them to suborne Thorius the Tribune - vnder hand, That by his intercession unto the people the lands should remain + under hand, That by his intercession unto the people the lands should remain still in their possessions, and the arrerages should be paied unto the receiuers of the reuenues: which law they caused afterwards to be abrogated, when as the magistrates themselves held the @@ -36731,11 +36730,11 @@ great disturbance to the state. In the end the law Sempronia was published by force, at the request of Tiberius Gracchus, the which differed from the law Licinia, by the which all men were forbidden (of what - estate or qualitie soeuer) to hold aboue fiue hundred acres of the Commonweales - land, a hundred kine, and fiue hundred sheepe and goates, and to forfeit the + estate or qualitie soeuer) to hold aboue five hundred acres of the Commonweales + land, a hundred kine, and five hundred sheepe and goates, and to forfeit the ouerplus: but the law Sempronia spake of nothing but of the publike lands, ordaining that every yeare there should be three Commissioners appointed by the - people to distribute unto the poore the surplusage of fiue hundred + people to distribute unto the poore the surplusage of five hundred Law made for the distribution of @@ -36763,7 +36762,7 @@ inequalitie. that euerie one had to dispose freely of his goods, and to whom he pleased, by the law of the twelue Tables. All other people, except the Athenians (where Solon first published this law) had - not free libertie to dispose of their lands. And Licurgus hauing deuided the lands of the inhabitants of the citie into + not free libertie to dispose of their lands. And Licurgus having deuided the lands of the inhabitants of the citie into seuen thousand parts (some say more, others say lesse) and the lands of the countrie into twelue thousand equall parts, he did not suffer any one to dispose thereof; but contrariwise, to the end that in @@ -36820,10 +36819,10 @@ instant="false"/> of Sparta. point. There remaines an Aristocratie where as the noble and great men are vnequall with the common people, and in this case the right of the elder may mainetaine the estate, as - in the seigneurie of Sparta, whereas the seuen thousand parts equally diuided + in the seigneurie of Sparta, whereas the seuen thousand parts equally divided unto the elder of every familie, maintained the State: and as for the yonger brethren, vertue aduanced them to offices and honors according to their merits: - and commonly they proued the most famous, hauing (as Plutarch said) nothing to aduance them but their vertues. It was the + and commonly they proued the most famous, having (as Plutarch said) nothing to aduance them but their vertues. It was the antient custome of the Gaules: and without doubt our Nobilitie would be much more esteemed, if the prohibition of selling of their seigneuries were dulie executed, according to the lawes and ordinances of this realme, and of the Empire, where it is better observed. The @@ -36835,7 +36834,7 @@ to purchase the seigneuries of noble men, vpon paine of confiscation. And although that Lewis the 12 disanulled those defences in the yeare 1505, yet king Francis the first renewed the - Edict in the yeare 1535 vnder the same paine of confiscation. The meanes to + Edict in the yeare 1535 under the same paine of confiscation. The meanes to vnite the nobilitieA meanes to vnite the gentry & the plebeians. and the common people more strictly together, is to marrie the yonger children of noble houses being poore (in an Aristocraticall estate) @@ -36859,7 +36858,7 @@ instant="false"/> the East parts the daughters inherit o lands. the East, and almost throughout all Affrike, although that Iustinian the Emperour, or rather - Theodora his wife, hauing alwayes fauored her owne + Theodora his wife, having alwayes fauored her owne sexe, reformed that custome of Armenia, terming it barbarous, not regarding the intention of the antient lawgiuers. Hippodamus lawgiuer to the Milesians, would not frustrate the daughters of all succession, but he @@ -36875,7 +36874,7 @@ yeares at Venice, (whether comes a world of strangers) there was found vpon a suruaie two thousand women more than men: whether it be that they are not subiect to the dangers of warre and trauell, or that nature is apter to produce - those things that are lesse perfect. And therefore Aristotle said in his Politikes, That of fiue parts of inheritance the + those things that are lesse perfect. And therefore Aristotle said in his Politikes, That of five parts of inheritance the women of Sparta held three, the which came by the permission of the testamentarie law; and for this cause (saith he) they cōmanded absolutely ouer their husbands, whom they called Ladies. But @@ -36894,7 +36893,7 @@ restore the successions or legacies unto the women which could not recouer them by order of law not by petition, before Augustus time; who following the pernitious counsell of Trebatius, tooke an occasion to abrogate the law, - demanding a dispensation of the law Voconia of the Senat, for his wife Liuia: so as this law being troden vnder foot, the Roman + demanding a dispensation of the law Voconia of the Senat, for his wife Liuia: so as this law being troden under foot, the Roman citisens began to be Slaves unto their wiues, who were their mistresses both in name and effect. Then might you have seene women wearing two rich successions at their eares, as Seneca saith; and the daughter of a @@ -36902,7 +36901,7 @@ millions of crownes, the inequalitie of goods being then at the highest, after which time the Roman empire declined still vntill it was wholie ruined. By the antient custome of Marseilles it was not lawfull to giue aboue a hundred - crownes in marriage with a daughter, and fiue crownes in apparell. And by the + crownes in marriage with a daughter, and five crownes in apparell. And by the Statutes at Venice it is forbidden A commendable law at VenicCustome of Aniou. giuen them a third part in successions, of gentlemen in fee simple, the which is left to the yonger males but for terme of life, to the end - the daughters should not be vnprouided for, hauing not meanes to aduance + the daughters should not be vnprouided for, having not meanes to aduance themselves like unto the males: for the reformation of which custome they have heretofore made great complaints: the which might as well be done, as in the custome of Mondidier, and in that of Vendosme, (an antient dependance of the countrie of Aniou, before that it was erected to a Countie or - a Duchie) where as a yonger brother of the house of Aniou, hauing taken his + a Duchie) where as a yonger brother of the house of Aniou, having taken his elder brother prisoner, made him to change the custome of Aniou in regard of the Chasteleine of Vendosme, the which he had but for terme of life. And although that in Brittaine by the decree of Cont Geoffrie in the yeare 1181 the eldest in gentlemens @@ -37037,7 +37036,7 @@ of Rome to death, nor whip them by the law Portia. And although that Plutarch, and Cicero himselfe writes to his friend Atticus, That hee had condemned Licinius, - it is to be vnderstood by the aduice and opinion of + it is to be understood by the aduice and opinion of all the judges, not that he had pronounced the sentence, for those lawes were not yet made against them which killed themselves before sentence. And a hundred and fiftie yeares after, if any one @@ -37146,7 +37145,7 @@ receiued.

If any one will obiect, That we need not to feare these inconueniences in a - Royall estate, hauing to doe with good princes: I annswere, that this right of + Royall estate, having to doe with good princes: I annswere, that this right of confiscation isConfiscations most daungerous in a Monarchy. one of the greatest means that euer was inuented, to make a good prince a tyrant, especially if the prince be poore. For he that hath no @@ -37174,7 +37173,7 @@ and vertuous kings in this realme, as euer were in any Monarchie vpon this earth, yet wee shall see that the reuenewes have beene more augmented by confiscations and forced gifts, than by any thing else. Was there euer prince - in the world in vertue, pietie, and integritie, like unto our king Saint Lewes? and yet by the meanes aforesaid, hauing caused Peter of Dreux to be condemned, he did confiscat, and + in the world in vertue, pietie, and integritie, like unto our king Saint Lewes? and yet by the meanes aforesaid, having caused Peter of Dreux to be condemned, he did confiscat, and then vnite unto his crowne the earldome of Dreux: as he did also unto Thibaut king of Nauarre and earle of Champagne, who was in the like daunger, if he had not resigned Bray, @@ -37209,7 +37208,7 @@ princes, and to the horse leaches of the court, as it is vsuall in all gouerned Monarchies, which opens a gap unto false accusers, giuing unto the vnworthy the rewards of the well deseruing. Who doth not remember (although I grieue to - remember) the blood of innocent citisens shed for gaine vnder a colour of + remember) the blood of innocent citisens shed for gaine under a colour of religion, to glut these horseleaches of the court? Therefore to auoide these inconueniences of either part as much as may be, I see no better meanes than that which I have said, That deducting the charges of the suit, his iust debts @@ -37240,7 +37239,7 @@ might be punished, that the Thesmothetes should call them the next day, and bring them before the Iudges, and that the Captaine or any other might accuse them, to the end that iudgement beingThe law of Athens in cases of treason. giuen, execution - might follow, according to the lawes made against traitors. And vnder the + might follow, according to the lawes made against traitors. And under the decree the sentence is set downe in this sort, Archiptolemus and Antiphon were condemned and delivered into the hands of eleuen executioners of iustice, their goods forfaited, and the tenth reserued unto the goddesse Minerua, and their houses razed: afterwards they did adiudge all unto @@ -37306,7 +37305,7 @@ lesse honourable are they, and alwayes the profit doth diminish the beautie and dignitie of the honour. And euen those are most esteemed and honoured, wherein they imploy their goods to maintaine the honour. So as when we speake of - rewards, we vnderstand triumphes, statues, honourable charges, estates, and + rewards, we understand triumphes, statues, honourable charges, estates, and offices, which are therefore called honors: for that many times the priuat estates of famous men are wasted thereby: the rest have more profit than honour in them, as benefices, militarie gifts, immunities of all or some charges; as @@ -37360,7 +37359,7 @@ retired himselfe out of the fight, fearing to fall into his enemies hands: And for this cause he was called wise, remembring how preiudiciall his fathers captiuitie was unto Fraunce. The like we may say of PopularWhy Popular estates have more famous men than Monarchies. estates, - that the generals victories belong unto the people vnder whose ensigns they + that the generals victories belong unto the people under whose ensigns they have fought, but the honor of the triumph is giuen unto the Generall: the which is not observed in a Monarchy. Which is the chiefe, and it may be the onely occasion, why in Popular estates well gouerned, there are more vertuous men @@ -37377,7 +37376,7 @@ at his thoice to demand the triumph, or at the least some honourable charge; one of the which could not bee denied him. As for the triumph, which was the highest point of honour a Roman citisen could - aspire unto, there were no people vnder heauen where it was solemnised with + aspire unto, there were no people under heauen where it was solemnised with more state and pompe than at Rome: For he that triumphed, made his entrie moreThe description of a triumph at Rome. honourable than a king could doe in his realme, dragging the captiue kings @@ -37413,13 +37412,13 @@ himselfe & his house; the which Demochares required of the people for Demosthenes, after that he had made a repetition of his prayses, wherin there was no lesse profit than honour. But the Romans (to giue them to - vnderstand that they must not esteeme honour by profit) had no crowne in + understand that they must not esteeme honour by profit) had no crowne in greater estimation,The Romans esteemed honour more than profit. than that of grasse or greene corne, the which they held more pretious than all the crownes of gold of other nations. Neither was it euer giuen to any, but to Q. Fabius Maximus, surnamed Cunctator, with this title, Patrie seruatori, To the preseruer of his countrey. Wherein the wisedome of - the auntient Romans is greatly to be commended, hauing thereby banished + the auntient Romans is greatly to be commended, having thereby banished couetousnesse and the desire of gainefull rewards; and planted the loue of vertue in the subiects hearts, with the price of honour. And whereas other princes are greatly troubled to find money, to emptie their coffers, to sell @@ -37437,7 +37436,7 @@ temple to Honour and Vertue; to the end the vows and sacrifices of the one should not be confounded with the other, they resolved to make a wall to diuide the temple in two, but yet so, as they must passe thorow the temple of Vertue, to enter into that of Honour. And - to speake truely, the auntient Romans onely did vnderstand the merits of + to speake truely, the auntient Romans onely did understand the merits of vertue, and the true points of honour. For although the Senator Agrippa left not wherewithall to defray his funerall, nor the Consull Fabricius nor the Dictator Cincinnatus wherewithall to feed their families, yet the one was drawne from the ploFrancis the first after the battaile of Marignan caused himselfe to be dubbed knight by Captaine Bayard, taking his sword from him. But since that cowards and housedoues - caried away this price of honor, true knights neuer esteemed it: so as Charles the sixt at the siege of Bourges made aboue fiue + caried away this price of honor, true knights neuer esteemed it: so as Charles the sixt at the siege of Bourges made aboue five hundred knights banerets, & many other knights, which had not power to raise a banner, as Monstrelet said. In like sort that militarie girdle which the Roman Emperours did vse to giue as a reward of honor @@ -37623,10 +37622,10 @@ of his subiects, it is to be feared that in the end they will make themselves masters, as Absolon did, who shewing himselfe affable and courteous to all the subiects, abusing - the charges of honor, offices, and benefices, giuing them vnder the favour of + the charges of honor, offices, and benefices, giuing them under the favour of the King his father to whom he pleased; he stole from him (saith the scripture) his subiects hearts, and expelled him from his royall throne. We read also of - Otho, who hauing receiued 2500 crownes for a + Otho, who having receiued 2500 crownes for a dispensation which the Emperour Galba gaue at his request, he gaue them among the Captaines of the guards, the which was a chiefe meanes for him to vsurp the State, after that he had caused Galba to be slaine. This gift was like unto the Eagle which the @@ -37656,7 +37655,7 @@ Prince therewith that he may not be surprised in his answer: By this meanes importunat beggers shall be kept backe by goodmen, neither shall they have any cause to bee discontented with the Prince, who they - will thinke vnderstands not thereof, or else he will satisfie them with + will thinke understands not thereof, or else he will satisfie them with Tranqud. in TitLewis notes them with infamie that have vsed the favour of any man to procure them offices of iustice, the which was reasonablie well executed vntill the raigne of king Francis the first, and in England it is yet rigorously observed, as I - have vnderstood by M. Randall the english Ambassador; + have understood by M. Randall the english Ambassador; the which was also strictly decreed by an edict of Ferdinand, great Grandfather by the mothers side to Philip, made in the yeare 1492 where as the forme of choosing of offices of iustice is set downe: Que no se puedan vender, ny trocar @@ -37760,17 +37759,17 @@ corruption, couetousnes, iniustice, arrogancie, impietie, and to be short, to all vice and villanie. Neither must the Prince excuse himselfe by his pouertie, for there is no auailable excuse, or that hath - any colour to seeke the ruine of an estate, vnder aPouertie + any colour to seeke the ruine of an estate, under aPouertie no lawfull excuse in a prince for the sale of offices. pretence of pouertie. And it is a ridiculous thing for a Prince to pretend pouertie, seeing he hath so many meanes to preuent it if he please. We reade that the Empire of - Rome was neuer more poore and indebted then vnder the Emperour Heliogabalus that monster of nature, and yet Alexander Seuerus his successor, one of the wisest and + Rome was neuer more poore and indebted then under the Emperour Heliogabalus that monster of nature, and yet Alexander Seuerus his successor, one of the wisest and most vertuous Princesse that euer was would neuer indure the sale of offices, saying in the open Senat, Non patiar mercatores potestatum, I will not indure these marchants, orA worthy saying of an emperour. buyers of dignities: and yet this good Emperour did so abate the taxes and imposts, as he that paied one and thirtie - crownes vnder Heliogabalus, paied but one crowne vnder + crownes under Heliogabalus, paied but one crowne under Alexander, resoluing, if he had lived, to take but the third part of it, but he raigned but foureteene yeares after that he had freed his predecessors debts, and defeated @@ -37802,7 +37801,7 @@ Sauoy and Piedmont, with all that which they had conquered in thirtie yeares before, lost, and the rest much ingaged. I omit to speake how much France was falne from her antient dignitie and beautie, how worthie men were kept from - their degrees, vertuous men troden vnder foote, and the learned contemned: and + their degrees, vertuous men troden under foote, and the learned contemned: and all these miseries came vpon the realme, for thatThe cause of the calamities of Fraunce. he did prodigallie giue dignities, offices, benefices, and the treasure to the vnworthie, and suffered the wicked @@ -37835,7 +37834,7 @@ gifts aboue ten pounds starling should be enrolled: but since they have vsed so much fraud, as one in this realm was not ashamed to bragge in a great assembly, That he had gotten (besides his offices) - fiue thousand pounds starling a yeare of good rent, and yet there was not any + five thousand pounds starling a yeare of good rent, and yet there was not any one gift made unto him to be found in all the registers of the chamber, although it were apparant that he had nothing but from the king. We must not therefore wonder at great debts, seeing the treasure is exhausted after so @@ -37903,13 +37902,13 @@ releeue the pouertie of Horatius Cocles (who alone had withstood the enemies armie, and saued the citie from sacking, and the citisens from ruine) they gaue him an acre of land, or little more; the which was much - at that time, hauing but two leagues compasse about the citie. But Alexander the Great gaue kingdomes and empires, and + at that time, having but two leagues compasse about the citie. But Alexander the Great gaue kingdomes and empires, and thousands of talents: if he had done otherwise it had beene against his maiestie and greatnesse. Alphonsus the fift, king of Castile, gaue the kingdome of Portugall The beginning of the kings of Portugall. to Henrie of Boulogne of the house of Loraine, from whome - are issued the kings of Portugall for these fiue hundred and fiftie yeares: it + are issued the kings of Portugall for these five hundred and fiftie yeares: it was for a reward of his vertue, marrying him to his bastard daughter. But yet was he blamed, to have giuen away so goodly an estate, his owne not being at that time much greater. In like sort wee may say, that the custome of the @@ -37936,9 +37935,9 @@ raiseth the poore and deiected to the highest degree of honour. A good prince should imitat God, aduancing the poore and vertuous to honours and riches. But when as the colledge of Cardinals did admonish - Pope Iulio the third, hauing created P. M. du Mont Cardinall, being a young boy whome he loued, saying, + Pope Iulio the third, having created P. M. du Mont Cardinall, being a young boy whome he loued, saying, That it was a great dishonour to blemish so honourable an order with so base a - man, hauing neither vertue in him, nor learning, neither nobilitie nor goods, + man, having neither vertue in him, nor learning, neither nobilitie nor goods, nor any marke which might merit (as they said) to approach to such a degree: But the pope (who was verie pleasant) turning unto the cardinals, What vertue, (saith he) what nobilitie, what learning, what honor,A @@ -37961,7 +37960,7 @@ the sale of offices, & by confiscations, which was the cause of all our miseries: and yet by the law of Fraunce, England, and Spaine, such buyers should be held infamous: which lawes should be - reuiued, and that commendable custome which was practised vnderA commendable custome of Alexander Seuerus. + reuiued, and that commendable custome which was practised underA commendable custome of Alexander Seuerus. Seuerus maintained, who caused his name to be set vp in all publike places, whome hee meant to preferre to any gouernment, giuing leaue @@ -37984,7 +37983,7 @@ instant="false"/> legat. & contr Timrchum. pleadings of Demosthenes. Hauing then + instant="false"/>rchum. pleadings of Demosthenes. having then examined the life and manners of such as aspire to dignities, offices, benefices, knighthoods, exemptions, immunities, gifts and rewards. If their lives be polluted and wicked, they are not onely to be reiected, but also to @@ -37993,7 +37992,7 @@ proportion you must giue the purse to the most loyall, armes to the most valiant, iustice to the most iust, the cenfure to the most vpright, labourA true distribution of offices and charges. to the strongest, the gouernment to the wisest, the priesthood to the deuoutest: yet - hauing respect to the nobilitie, riches, age, and power of euerie one, and to + having respect to the nobilitie, riches, age, and power of euerie one, and to the qualitie of the charges and offices. For it were a ridiculous thing to seeke a judge that were a warrior, a prelat couragious, and a souldiour with a conscience. We have treated of Rewards, Triumphes, and Honours, which are for @@ -38044,7 +38043,7 @@ some villages without wall or ditch. And euen the great Negus or Preste-Ian, which is the greatest lord in all Affrike, - hauing (as they say) fiftie kings vnder + having (as they say) fiftie kings under Francis Aluere in the historie of @@ -38052,7 +38051,7 @@ his tents, but that fort only which is built vpon the top of the mountaine Anga, whereas all the princes of the blood are kept with a sure guard, least they should draw the subiects from the obedience of their prince by seditious - factions. Yet there is no prince vnder heauen more reuerenced and respected of + factions. Yet there is no prince under heauen more reuerenced and respected of his subiects, nor more redoubted of his enemies, than in Tartaria, and Aethiopia. Forts are held fruitlesse and of small consequence in the opinionHe that is master of the field, is master of the @@ -38077,7 +38076,7 @@

But there is a more necessarie reason against the fortifying of places, it is to bee feared, that an enemie entring the stronger, and taking those strong places, hee will hold them, and by that meanes the whole countrey: whereas - otherwise hauing once spoyled it, he shall be forced to leaue it. For this + otherwise having once spoyled it, he shall be forced to leaue it. For this reason Iohn Maria de la rovere duke of Vrbin, rased all the forts of his countrey, and retired himselfe to Venice, finding his forces too weake to encounter the enemie; assuring him that the duke of Valentinois @@ -38125,7 +38124,7 @@ commonly they slew their gouernours, not able to endure any commaund: so as the king of Thunis going thither with a mightie armic, he demaunded of them, Who lived? they answered him, The red wall: but - hauing forced the towne, he rased it, and put all the inhabitants to the sword: + having forced the towne, he rased it, and put all the inhabitants to the sword: as Hannibal did at Saguntum, Sylla at Athens, the emperor Seuerus at Bizantium, Dagobert at , Nabuchodonosor and Vespasian to @@ -38138,12 +38137,12 @@ ill fortified, doe soone compound and send away the enemie, for some peece of money, without any infamie or dishonour: as it hath bene seene by the citie of Paris, the which was neuer taken since that Caesar forced it, the which had beene long since - rased if it had bene fortified, hauing bene so often threatned by the enemie: + rased if it had bene fortified, having bene so often threatned by the enemie: but still they have preserued themselves by treaties and compositions, the which they had not done being well fortified, either for feare of reproach and dishonour which follow them, which treat with an enemie when they may resist: or for the obstinacie of the inhabitants, or the heads of a faction, who had - rather die, than yeeld unto an enemie, hauingPlaces of + rather die, than yeeld unto an enemie, havingPlaces of strēgth make the inhabitants obstina. no hope to escape, & seeing their houses on fire, they striue in ruining it, @@ -38179,7 +38178,7 @@ sacke townes; massacre good and bad, young and old, all ages, and all sexes; force virgines, wash themselves in the blood of the murthered, prophane holy things, rase temples, blaspheme the name of God, - and tread vnderoot all dluine and humane lawes. These are the fruits of warre, pleasing and delightfull to all souldiors, but abominable to all good men, & detestable before God. WhatWarre hatefull to God and Isadas punished for his rashnesse, and rewarded for his valour. the seigneurie gaue him a crowne, but he was condemned in a - fine, hauing so rashly abandoned his life unto the enemie, being vnarmed. In + fine, having so rashly abandoned his life unto the enemie, being vnarmed. In like sort should the Senat of Sparta have been condemned in a great fine, for that they had abandoned the people and so great a citie to the mercie of their - enemies; hauing no walls, the which without doubt had then fallen into the + enemies; having no walls, the which without doubt had then fallen into the Thebans power if they had not been fortified with ditches and rampars. If a rampar did then auaile for the safetie of the citisens, who doubts but walls will be more profitable? and if walls make the citisens cowards, mutinous, and rebels, why did they not fill vp the ditches of Lacedemon? But the euent doth shew which of the two is most profitable, for Cleomines - king of Sparta hauing lost the battaile of Selaria, hauing no place of retreat + king of Sparta having lost the battaile of Selaria, having no place of retreat was forced to flie into Aegypt, abandoning his estate and countrie to the enemie, who presently entred into the citie of - Sparta without any resistance. And if walls make men cowards, Lisander hauing taken Athens, would not have razed the walls, the + Sparta without any resistance. And if walls make men cowards, Lisander having taken Athens, would not have razed the walls, the which Themistocles and Pericles had caused to be built for the defence of that citie, the which was afterwards the most flourishing of all the East. To say that the enemie shall not be able @@ -38321,7 +38320,7 @@ lost and recouered thrise in sixe moneths: as if Henry the sixt, Edward the fourth, and the earle of Warwike had plaied at base: and although that Edward in the end - inioyed the realme, yet soone after his death his brother Richard duke of Glocester (hauing made himselfe king by the murther of + inioyed the realme, yet soone after his death his brother Richard duke of Glocester (having made himselfe king by the murther of his nephues) was defeated and slaine by the earle of Richmond, who had bin banished into France, from whence he brought some small ayde which king Lewis the 11 had giuenThe Romans did alwayes fortifie their camps. him. The which happens not in fortified @@ -38341,7 +38340,7 @@ Egiptians, Greeks, Latins, Gaules, and other nations, which have alwaies fortified and vittailed their townes, ports and places that were fit to be fortified, to assure and defend their friends, and to incounter and resist - their enemies, giues vs to vnderstand, that it is necessarie to vse it; and + their enemies, giues vs to understand, that it is necessarie to vse it; and euen the Tartars within these hundred yeares build and fortifie their places: for how valiant soeuer a nation be, yetA countrey vnfortified cannot long resist a strong their choller vpon them, so as they neuer ceased vntill they had razed their citie, and made the inhabitants subiect. And about the same time the princes and people of Tuscane - hauing conspired against the Roman state, sought to nourish seditions and + having conspired against the Roman state, sought to nourish seditions and diuisions among them, saying, That their power was inuincible, and would alwayes grow, if it were not made weake by civill warres, the which is the only poyson to makecivill warres the ruine of states. @@ -38391,7 +38390,7 @@ state of Spaine had been in great danger, as many have supposed, if the french had temporized a while. And without any further search, we have a president of this realme, the which was in great hazard in the yeare 1562, if the english - had not set footing into France, hauing seazed vpon Newhaven, but presently the + had not set footing into France, having seazed vpon Newhaven, but presently the civillNew haven taken by the English caused the civill wars of Fraunce to cease. warres ceassed, and the subiects agreed to fall vpon their common enemie, which the english perceiuing, they have since @@ -38407,7 +38406,7 @@ their frontiers unto the ilands of Orcades, to the Atlantike sea, to the riuers ofRest the cause of civill ware in a warlike citie. Danubius and Euphrates, and to the deserts of Arabia: and - hauing no more enemies to make head against them, they murthered one an other + having no more enemies to make head against them, they murthered one an other most cruelly, and so much the more, for that they were growne mightie, and had few enemies, as in the civill warre betwixt Caesar and Pompey for rule, whereof Cicero speaking said, Bellum pium ac necessarium @@ -38417,7 +38416,7 @@ that Pompey win, and lamentable if he do win: But it was more cruell betwixt Augustus and Marc Anthonie: for which cause the emperour Augustus - hauing changed the popular estate into a Monarkie, was not so ill aduised as to + having changed the popular estate into a Monarkie, was not so ill aduised as to discharge the fortie legions, but he sent them into prouinces, & vpon the frontiers of barbarous nations, to entertaine them in martiall discipline, and to preuent all occasions of civill warres at Rome. But the emperour Constantine the great (following the counsell of some @@ -38426,9 +38425,9 @@ the legions, which made them forget the antient militarie discipline, and opened a gate to barbarous nations, who inuaded the Roman empire of all sides, whereby it appeeres that lawes, iustice, religion, subiects, and the whole - estate next vnder God, is in the protection of + estate next under God, is in the protection of - Armes the defence of states. armes, as vnder a strong + Armes the defence of states. armes, as under a strong shield. There is yet an other reason of great moment, to shew that it is necessarie to entertaine martiall discipline, and to make warre, for that there is no citie so holy, nor so well gouerned that hath not in it many theeves, @@ -38444,7 +38443,7 @@ to send them to the warre, the which is as it were a purging medicine to expell corrupted humors out of the vniuersall bodie of the state. This was the principall occasion which moued Charles the wise king of - France to send succors so willinglie unto the bastard of Castille vnder the + France to send succors so willinglie unto the bastard of Castille under the conduct of Bertrand of Guesclin Constable, the which purged France of an infinite number of theeves: Euen so did Lewis the II to the Earle of Richmond; and both the one and the other not only purged France of idle persons, but also returned with honor to have @@ -38470,13 +38469,13 @@ The feare of enemies keeps subiects in awe. at one time, and Hanniball at an other were at the gates of - Rome; but after that Perseus and Antiochus were vanquished, hauing no enemie left whom they might + Rome; but after that Perseus and Antiochus were vanquished, having no enemie left whom they might feare, then vices began to take roote, and the people fell into superfluities and delights, wich corrupted all good manners, and blemished the beautie of their antient vertue. O how wisely did Scipio oppose himselfe in open Senat, that the citie of Carthage should notThe prouidence of Scipio the younger. be razed, foretelling they either should have civill warres, or that the vertue of the Romans would soone - decay, hauing no enemy to contend withall, for euen as moderate libertie puffes + decay, having no enemy to contend withall, for euen as moderate libertie puffes men vp, and makes them proane to all vices, so feare retaines them in their duties: and we must not doubt but the great politian and gouernour of all the world as he hath giuen to every thing his @@ -38530,17 +38529,17 @@ onely the capitall citie must be fortified which is the seate of the popular estate) and much lesse any Castels or Citadels, least some one thrust on with an ambitious desire of rule surprise them, and change the popular - estate into a Monarchie: as Denis the tyrant did, hauing surprised Acradina theCitadels not to be built in a Popular estate. fort of + estate into a Monarchie: as Denis the tyrant did, having surprised Acradina theCitadels not to be built in a Popular estate. fort of Siracusa by fraud. Or else the enemie may take them & fortifie them, as the - Lacedemonians did, hauing razed the walls of Athens, they left a garrison in + Lacedemonians did, having razed the walls of Athens, they left a garrison in the Castell: and doing the like unto the popular estate of Thebes, they tooke their fort called Cadmee, leauing a garrison in it. For there is no meanes to subiect a people, or to change a Democratia into a Monarchie but by Cittadels, so did the tyrants in old time: and in our age Cosme de Medicis duke of Florence had made two Cittadels in Florence, with a - garrison of strangers, hauing found by experience that it was impossibleCitadels the cause of tyrants. to change the popular + garrison of strangers, having found by experience that it was impossibleCitadels the cause of tyrants. to change the popular estate into a Monarchie, and to assure his life among the people: and therefore - the Cantons of Vri, Vnderuald, Glaris, and Appenzell, which are all popular, have no walles, like unto the rest which + the Cantons of Vri, underuald, Glaris, and Appenzell, which are all popular, have no walles, like unto the rest which are gouerned Aristocratically. We will giue the same censure of Aristocratia in regard of fortresses, as of a popular estate, the which is so much more to be feared, for that it is more easie for one of theCitadels more dangerous wheras few do @@ -38548,7 +38547,7 @@ incense them against the chiefe men. But as for royall Monarchies, if their bounds and limits be large, it is not expedient for the Prince to build Cittadels, not places of strength, but vpon the frontiers, to the end the - people may be without feare of tyranizing; and yet hauing fortified the + people may be without feare of tyranizing; and yet having fortified the frontiers of his estate with places impregnable, the subiects will stil thinke it is against the enemie, and the Prince at neede may vse them against all enemies, both strangers and subiects in case they rebell: the which nature hath @@ -38587,7 +38586,7 @@ soone take an occasion to reuolt, if he be poore, to rob; and for this cause the imperiall townes of Germany have oftentimes razed gentlemens castels, that rebels and theeves might have no retreat, the which the Swissers have done - throughout all their countrey, hauing expelled the antient lords. But this were + throughout all their countrey, having expelled the antient lords. But this were a dangerous thing in an antient Monarchie to ruine priuate mens castels which are of strength, but well they may prohibit their subiects not to build any more without licence from the Soueraigne, who @@ -38620,7 +38619,7 @@ strangers rather than of subiects: but withall they send a Prouidador or Commissarie, by whose councell the Generall is gouerned. And although there be many inconueniences, to have a Commissarie commaund a Generall, a citisen - strangers: one that vnderstands nothing in matters of warre, them that are bred + strangers: one that understands nothing in matters of warre, them that are bred vp in armes: yet by this meanes they auoid many other daungers which are not lesse: the which we have seene fall out in their Commonweale, whereas they vsed none but their own subiects and forces. Their @@ -38630,9 +38629,9 @@ Why the Venetians imploy strangers in their warres. their city. The Carthagineans, being not yet wel instructed in the art of war, were wont to send for Lacedemonian captaines, which should lead a Carthaginean - armie vnder a Generall of Carthage; yet would they neuer have both Generall and + armie under a Generall of Carthage; yet would they neuer have both Generall and armie strangers, least their Commonweale should fall into the power of - straungers. If warre be not to be vndertaken, but for the repelling of + straungers. If warre be not to be undertaken, but for the repelling of iniuries, and to enioy peace, and that it sufficeth to make a Commonweale happie to keepe their owne, to have their places neere unto their enemies well manned and fortified, and to enioy the fruits of a desired peace;The seigneury of Venice most happy. without doubt the @@ -38651,7 +38650,7 @@ league to purchase his peace, after they had lost a goodly kingdome. And euen as beasts which have no offensiue armes, as hates that have no gall, as Stagges and Does seeke to saue themselves from the hounds and hawke, by flight; so they are not to be blamed, nor that - Commonweale to bee lesse esteemed, which sues for peace, hauing no meanes to + Commonweale to bee lesse esteemed, which sues for peace, having no meanes to resist: the which would be dishonourable to a warlike nation, or for a conquering prince, who cannot demaund a peace of his enemie without blushing. There was nothing that did so long protract the conclusionA @@ -38659,9 +38658,9 @@ king Henrie the second, and the emperour Charles the fift, as a certaine rumor spred abroad, That the emperour demaunded a peace: which was to get the highest point of honour, which a generous prince may desire, yea if he were entred into anothers - countrey. As the same emperour did in the yeare 1544, hauing thrust all the + countrey. As the same emperour did in the yeare 1544, having thrust all the forces of the empire, and his owne, into this realme, with those of the king of - England on another side, who had alreadie diuided the realme betwixt them (as + England on another side, who had alreadie divided the realme betwixt them (as Sleidan saith) if the pope had not forced the emperour @@ -38719,7 +38718,7 @@ instant="false"/>ey by yeelding homage to the Procope. But being at this day equall or greater in forces, & freed from the seruitude of the Tartar, all princes would scorne him, if - he should demaund a peace, especially hauing receiued an iniurie. For that + he should demaund a peace, especially having receiued an iniurie. For that prince that beares an iniurie, will soone endure to have a law prescribed him; and if he once suffer his enemie to giue him a law, he shall soone be reduced into slauerie. But howsoeuer, a mightie prince (if he be wise and valiant) will @@ -38745,13 +38744,13 @@ so is it the onely vertue which doth most daunt an enemie, although he be mightie and warlike,A shew of courage doth many times daunt an enemie. and oftentimes giues the - victorie without blowes: as Furius Camillus hauing sent + victorie without blowes: as Furius Camillus having sent home the children of the Falisques, whome their Schoolemaister had brought into - his campe, he conquered their citie without striking stroke. And Fabricius hauing sent unto king Pyrrhus the Physitian which offred to poison him, refusing halfe his + his campe, he conquered their citie without striking stroke. And Fabricius having sent unto king Pyrrhus the Physitian which offred to poison him, refusing halfe his kingdomes and his treasure, (although he were one of the poorest gentlemen in Rome) and causing their ransomes to be paid, whome Pyrrhus had freely set at libertie, beeing loath the Romans should be bound in any respect unto so great a king. Or as Scipio - who hauing conquered a good part of Spaine with little paine, sent backe a + who having conquered a good part of Spaine with little paine, sent backe a ladie of singular beautie unto her husband, prince of the Celtiberians, imitating the example of @@ -38761,22 +38760,22 @@ vanquished by honour, not by . by honour, nor vanquished by treacherie: the which was more apparant after the battaile of - Cannes, Hannibal hauing appointed eight thousand Roman + Cannes, Hannibal having appointed eight thousand Roman prisoners to be ransomed for an hundred crowns a peece one with another, hoping that the Romans who had lost so many men, would willingly pay their ransoms: but the Senat decreed, That no one should be redeemed at any rate, giuing all - to vnderstand, That either they must vanquish, or be Slaves to the enemie: + to understand, That either they must vanquish, or be Slaves to the enemie: Wherewith Hannibal was so amased, and daunted, as he dispaired euer to vanquish the Romans. And contrariwise the Romans did assure their estate, which was much shaken and abandoned of all friends and allies. For the Senat did well imagin, that - Hannibal hauing sucked so much blood of the Romans, + Hannibal having sucked so much blood of the Romans, he would also exhaust their treasure, in drawing from them eight hundred thousand crownes, and restoring unto them the veriest cowards of all the Roman - armie; making every one to resolue either to vanquish or die, hauing lost all + armie; making every one to resolue either to vanquish or die, having lost all hope of libertie, whereby they became fearefull and inuincible. And euen as they neuer fainted in their losses; so were they neuer proud nor arrogant in - their victories. For when as Antiochus the Great hauing + their victories. For when as Antiochus the Great having lost a goodly armie, sent his ambassadours to both the Scipioes, offring to accept of what conditions the Romans pleased: Whereunto Scipio the Affrican made an answere worthy of a great and vertuous prince, That the Romans lostA worthy @@ -38800,7 +38799,7 @@ the emperour Henry came with a mightie power to make warre in - Fraunce (the king hauing receiued Pope Gelasius into his + Fraunce (the king having receiued Pope Gelasius into his protection, and suffered him to excommunicat the emperor) he gathered together an armie of two hundred thousand men, as Suggerius abbat of Saint DenMany hold opinion, That a soueraigne prince should not hazard his person on a day of battaile, especially if the enemie be entred into the hart of his - realme: It is true, if he be a coward and base minded: but hauing the + realme: It is true, if he be a coward and base minded: but having the reputation of a valiant and generousThe presence of the prince is of great consequence to van an @@ -38838,7 +38837,7 @@ had bene lost if he had not bene present. And many beleeue that the victories which Edward the fourth got in nine battails, was, for that he did alwaies fight on foot. How many princes and great men do willingly - follow the kings person, which else would not march vnder any others commaund. + follow the kings person, which else would not march under any others commaund. For when as Eumenes was very sicke his armie refused to fight, vnlesse heHow a prince or Generall should carry himselfe in a battaile. were brought into the campe in a litter; such @@ -38847,22 +38846,22 @@ many others, whose death hath drawne after it the hazard of the state.

I will not here treat of the art of warre, which many have handled, but onely - that which concernes the state. I conclude then, that a prince hauing well + that which concernes the state. I conclude then, that a prince having well manned and fortified his frontiers, if he doubts that the enemie will enter into his countrey, let him preuent him, and put the warre as farre from him as he may: and if he be entred, not to hazard his estate and person rashly vpon the euent of a battaile, especially if hee have to deale with a warlike people, who commonly get the victory being brought to dispaire, knowing well, that - there is no meanes for them to escape death in anothers countrey, if they be vanquished, hauing neither fort, retreat, + there is no meanes for them to escape death in anothers countrey, if they be vanquished, having neither fort, retreat, nor any succour. Amongst many we have a lamentable example of our king Iohn, who chose rather to hazard his life, his nobilitie, and his whole estate, in a doubtfull battaile at Poitiers, than to graunt a peace unto the prince of Wales, and the English armie, who demaunded only to depart with their lives: there did ten thousand desparat men defeat an armie of - fortie fiue thousandIt is daungerous to fight with a + fortie five thousandIt is daungerous to fight with a desprat army. French, and led away the king captiue. Gaston of Foix committed the like errour, - hauing defeated the enemie at Rauenne, seeking to pursue a squadron of + having defeated the enemie at Rauenne, seeking to pursue a squadron of Spaniards that fled, he lost his life, and left all that hee had conquered in Italie in prey to the enemie. What should I speake of auntient examples, the histories are full of them: but there is none @@ -38871,7 +38870,7 @@ force. want, being enuironed both by sea and land with the enemies townes and legions, and had soone perished for hunger, if they had not vanquished, yet would Pompey needs giue that battell of - Pharsalia, hauing twice as many men as Caesar. In so + Pharsalia, having twice as many men as Caesar. In so great a despaire of things, the Generall of the Volsques did incourage his armie with a briefe speech, after this maner, Armati armatis obstant virtute pares, sed necessitate superiores estis, Armed men @@ -38887,7 +38886,7 @@ scornes and disgraces of his enemies,No prince should fight a battaile, but constrained. rather than he would commit the fortune of the Commonweale to a doubtfull battell: and in the end he reaped the honor, - To have preserued his countrey. Whereas Hannibal hauing + To have preserued his countrey. Whereas Hannibal having hazarded a battaile against Scipio, who went to besiege Carhage, to draw the enemie out of Italie, lost @@ -38896,7 +38895,7 @@ with Hannibal, in the heart of Italie, for that they had magazins of men of warre, as well out of their owne countries, as from their allies: the which they could not want, for that by the laws euerie one was - forced to carrie armes at seuenteene yeares of age, and were not freed from them vntill fiftie fiue: neither was it lawful for + forced to carrie armes at seuenteene yeares of age, and were not freed from them vntill fiftie five: neither was it lawful for any man to demaund an office or Plut. in Gracchis. benefice, that had not carried @@ -38905,8 +38904,8 @@ the warres, except they which had bene dispensed withall vpon some iust cause (as Titus Liuius saith) to the which discipline they were at the first constrained by the incursions of their bordering neighbours, - being iealous of their greatnesse: But hauing afterwards brought all the people - of Italie vnder their subiection, or treated alliances with them, and finding + being iealous of their greatnesse: But having afterwards brought all the people + of Italie under their subiection, or treated alliances with them, and finding that a people giuen to armes, could not live idly in peace without civill warres, they found it expedient for the good of the Commonweale, to seeke out new enemies, making warre sometimes to revenge the wrongsThe @@ -38940,7 +38939,7 @@ - Herodot. did allow. And therefore Plato diuided the citisens into three orders, Keepers, Men at armes, + Herodot. did allow. And therefore Plato divided the citisens into three orders, Keepers, Men at armes, and Labourers: imitating the Aegyptians, who made three seuerall kindes of estates. By little and little the Athenians made a distinction of Armes, Policie, and Iustice;In Phocione. and so did the @@ -38989,7 +38988,7 @@ for the defence of the realme, and placed them as it were in garrison vpon the frontiers, they had prouided wisely for the safetie of the Commonweale. Fraunce is not the twentieth part of the Roman empire, for the guard whereof Augustus Caesar said, That fortie legions did suffice, - being but fiue thousand men in a legion. The foure legions of foot and troopes + being but five thousand men in a legion. The foure legions of foot and troopes of horse, paied in time of peace, according to the ordinance of king Francis the first, would not have cost three hundred and fiftie thousand pounds starling, and yet is it halfe as much more as the legions had in Augustus his time: and the whole pay of @@ -39033,7 +39032,7 @@ league which is equall, That the conquests should be common (as it hath alwaies been among the Cantons, when as they have made warre in common) and that whatsoeuer is conquered by the one, should be priuate, wherein the antient Italians were - circumuented by the Romans in their treaties, for the Romans hauing made an + circumuented by the Romans in their treaties, for the Romans having made an offensiue and defensiue league with their neighbors the Italians, they had alwayes for one Romaine legion two from their allies readie paied, and the Generall of the armie was alwaies a Romaine; and yet theirPolibius and Liuie. The Romans circumuented their allies in Italy in their @@ -39044,7 +39043,7 @@ extremitie, as they were forced to giue the right of a citisen, with part of their offices, and their voyces at elections, almost to all their allies in Italie. The Athenians with the like fraude did circumuent their neighbors and confederats, from whom they did exact - tributes contrarie to their treaties, neither did they euer vndertake any warre + tributes contrarie to their treaties, neither did they euer undertake any warre but one without the forces of their allies, whereupon most of them fell off unto the Lacedemonians when occasion was offred.

@@ -39052,13 +39051,13 @@ souldiers of diuers languages, for the difficultie there is to speake unto them, and to incourage them by orations, a thing very necessarie in warre. But experience hath taught vs, that diuers nations and diuers tongues are easie to - gouerne and leade, as Anniball did shew, hauing an armie + gouerne and leade, as Anniball did shew, having an armie consisting of Carthaginians, Mauritanians, Numidians, Spaniards, Italians, Gaules, and Greeks, and yet in fifteene yeares space he neuer had mutinie in his camp, & obtained great victories; but if such an armie be once mutined, there is no meanes to pacifie it: this is the opinion of Polibius, a captaine of great experience, and Schoolemaster to Scipio Affricanus. That which we - have spoken touching the succors of allies, is not to be vnderstood that an + have spoken touching the succors of allies, is not to be understood that an estate should wholie relie vpon them, but a well gouerned Commonweale must be supported by her owne forces, and alwayes be stronger than the succours she hath from her allies: for he alwayes commands the state that is master of the @@ -39078,7 +39077,7 @@ exhausting their treasures, and growing souldiers at their cost whom they serue. How often have we seene the stranger being the stronger, make himselfe absolute lord ouer them that called him? We have in our age the example of Cairadin that famous pirat, called in by the inhabitants - of Alger, to expell the Spaniards out of their fort; hauing vanquished them, he + of Alger, to expell the Spaniards out of their fort; having vanquished them, he slew Selim their king with all his familie, and made himselfe king thereof, leauing the state to Ariadin Barbarousse his brother. And Saladin a Tartar @@ -39091,18 +39090,18 @@ and for his guard, forbidding all others to beare any armes: and by this meanes he and his successors inioyed that kingdome, vntill that Sultan Selim Emperout of the Turks made himselfe lord thereof. By the same means the Herules, Gothes, and Lombards became lords of Italy, the French - of Gaule, the English Saxons of Brittaine, the Scottishmen of Scotland, hauing + of Gaule, the English Saxons of Brittaine, the Scottishmen of Scotland, having expelled the Brittons and the Picts, who had called them to their succours; and the Turke of the empire of the East and the realme of Hongary, being intreated by the Emperours of Constantinople and the states of Hongary. And the Emperour Charles the fift had reduced Germanie into the forme of a Prouince, and made it hereditarie by the same fraude that the rest, when as a part of - Germanie vnder colour of religion called in the Spaniards and Italians, for - hauing subdued the princes of Saxony, he labored to subiect the rest vnder the + Germanie under colour of religion called in the Spaniards and Italians, for + having subdued the princes of Saxony, he labored to subiect the rest under the spanish empire, intending to make Philip his sonne king of Germanie, if Henry the second had not freed them with the forces of France, who for this cause was called by the Germaines in their printed bookes the protector of the Empire, and the deliverer of the Princes. - The which the princes of Germanie hauing foreseene, did bind the Emperour Charles the fift in the twelft article of his oth, that + The which the princes of Germanie having foreseene, did bind the Emperour Charles the fift in the twelft article of his oth, that he should neuer bring an armie of strangers into Germanie; but since the Emperours death the Electors did sweare neuer to choose a fortaine prince Emperour; yet if the States of the countrie cannot @@ -39122,7 +39121,7 @@ conclusion of the proposition. conclude, in my opinion a Commonweale well ordained, of what nature soeuer, should be fortified vpon the approches and frontires, in the which forts there should be good garrisons trained vp - dayly to armes, hauing certaine lands appointed for souldiers the which they + dayly to armes, having certaine lands appointed for souldiers the which they should enioy only for their lives, as in old time the fees and feudataries were, and at this day the Timars and Timariots in Turkie, the which are giuen unto souldiers like unto benefices, vpon condition they should be readie with @@ -39155,7 +39154,7 @@ Those which inhabit in fertill countries, being enuironed by greedy enemies, have need to bee warlike. Tartars, Gothes, Muscouites, Scottishmen, and Swedens, have no neede of great forts, nor to - entertaine any legions in time of peace, hauing no enemies but such as they + entertaine any legions in time of peace, having no enemies but such as they make themselves; the people of the North being by nature too warlike, all horsemen, or for the most part, and giuen to armes, without any need to traine them vp in it, vnlesse it be to discharge the countrie, or as I have said, for @@ -39168,7 +39167,7 @@ prescribe a law. Moreouer, it must not be allowed for all other subiects to carrie armes, least the laborer and handicrafts man should take a delight in theeuing and robbing, leauing the - plough and shop, hauing no experience of armes, and when as they are to march + plough and shop, having no experience of armes, and when as they are to march against an enemie, they forsake their coulors and flie at the first charge, putting a whole armie in disorder, especiallie the handicrafts man, and they that sit alwaies, beingHandicraftsmen vnfit for @@ -39254,7 +39253,7 @@ instant="false"/>e disarmed. in libertie, if they be not disarmed. To take away part of their libertie, is to incense them more, than if they were wholie subiected: as - Lewis the 12 did unto the Geneuois, who had put themselves vnder his protection when they were + Lewis the 12 did unto the Geneuois, who had put themselves under his protection when they were in danger, which being past, they reuolted, and allied themselves unto his enemies; against whom he went in person, besieged them, and forced them to yeeld; then he condemned them in two hundred thousand crownes, putting a strong @@ -39268,7 +39267,7 @@ the diuell▪ refusing to receiue a yearely pension for the protection of such disoyall allies, - who had reuolted from king Charles the 6, hauing Charles the 6, having them into his protection to defend them against the Venetians. And the Earles of Sauoy receiued those of Berne into their protection, beeing opprest by the lords of Bourdorg; but the feare being past, @@ -39277,7 +39276,7 @@ faithlesse allies. But king Francis the first in my opinion committed a greater error, who refused two hundred thousand crownes in his necessitie, the which the Geneuois offred him to be freed from his - protection, giuing him to vnderstand that vpon the first occasion they would + protection, giuing him to understand that vpon the first occasion they would reuolt, as they did after the battaile of Pauia, and afterwards expelled the garrison which remained in their fort, and razed it to the ground: he should either have Augustus made those - people subiect which had abused their libertie. And therefore king Charles the 9 (hauing discouered the secret practises of + people subiect which had abused their libertie. And therefore king Charles the 9 (having discouered the secret practises of the Spaniards with the inhabitants of Thoul, Metz, and Verdun) was inforced somewhat to restraine their liberties, for in all treaties of protection there is an expresse clause, That those which are in protection shall retaine their estate and soueraigntie: but there is no great assurance if the Protector holds his clients forts, for that he may make them subiect when he pleaseth. Who knowes not that the cities of Constance, Vtrech,Imperiall made▪ subiect vnder colour of protection. + instant="false"/> made▪ subiect under colour of protection. Cambray, Vienna in Austria, and many others which have put themselves in the protection of the house of Austria, have now lost their liberties. The kingdome of Hongarie hath runne the same fortune: for after the death of king Ihon, the estates of the countrie sent Ambassadours to @@ -39315,9 +39314,9 @@ estates of the countrie did ratifie the former treaties with the house of Austria, yet were they not kept, for that they seemed to be made by force against all law and reason, wherefore they did chuse rather to put themselves - vnder the TurksHungary madHungary mad subiect - vnder shadow of protection. protection; who soone after made himselfe + under shadow of protection. protection; who soone after made himselfe absolute lord, knowing well that Ferdinand would carrie it, who notwithstanding had some part, but he was forced to agree with the Turke, paying yeerely a good summe of @@ -39359,13 +39358,13 @@ themselves from inuasion, they put themselves into their protection. Amongst others the Luquois payed unto the Emperour Charles the fift, tenne thousand ducates▪ the Siennois fifteene thousand, and the duke of - Ferrare fifteene thousand, the which he paied to the Viceroy of Naples, vnder + Ferrare fifteene thousand, the which he paied to the Viceroy of Naples, under colour of lending, without hope of restitution, being in the protectionIt is dishonourable to abandon him you have taken into protection. of the French. But it is shamefull and dishonourable, to take into protection, to receiue a pension, and to abandon the client in his great need. Not long since Sigismund Augustus king of Poland had taken the protection of the inhabitants of Lifland, against the king - of Moscouia: but hauing made a league with the Moscouite, he is not onely said to have abandoned his clients, but to have + of Moscouia: but having made a league with the Moscouite, he is not onely said to have abandoned his clients, but to have betrayed them unto their enemie. But if he that is in protection as a soueraigne, and in subiection as a vassall and subiect, demaunds aid of his protector, he hath double reason to defend him, especially if they attempt any @@ -39384,7 +39383,7 @@ instant="false"/> betwixt him and Katherine of Spaine. And for that the Citation and threat made unto such a princesse, toucht his honour and the estates, the king of France did aduertise all his neighbour - princes and allies, by his ambassadors, giuing the popes legat to vnderstand, + princes and allies, by his ambassadors, giuing the popes legat to understand, That his maister should not take it ill, if hee did punish those that were the cause of this enterprise: as Lewis the young did in the like case to Thibaud earle of Champagne, who had caused @@ -39421,7 +39420,7 @@ instant="false"/> than the protector. townes but vpon good and iust considerations. And for that the protectour cannot be inuaded by him that is in protection, being alwayes the weaker: those which put themselves into - protection, have need of greater securitie than the protectors, least vnder a + protection, have need of greater securitie than the protectors, least under a colour of patronage they loose their liberties.

Some one may obiect, That it is an absurd thing to demaund securitie of the @@ -39455,7 +39454,7 @@ refused them, saying, That the treatie made with his father, did nothing concerne him: and if they would contract a new league, they must first agree vpon the conditions. So Henrie the seuenth, king of - England hauing receiued the duke of Suffolke from the Archduke Philip, father unto + England having receiued the duke of Suffolke from the Archduke Philip, father unto A league made with the father binds not the sonne. the emperour Charles the fift, vpon condition, That he @@ -39469,7 +39468,7 @@ And sometimes hee thinkes himselfe well assured, that makes the wolfe the keeper of his flocke. And therefore protections must be limited to a certaine time, especially in Popular and Aristocraticall estates, which neuer die. And - therefore the inhabitants of Geneua hauing put themselves in the protection of + therefore the inhabitants of Geneua having put themselves in the protection of them of Berne, would not have the protection continue aboue thirtie yeares, the which did expire in the yeare 1558, and then the Geneuois made an equall league with the Bernois, the which was not without great difficultie, being almost brought into subiection, by the @@ -39494,9 +39493,9 @@ the Swissers, but it is an alliance of protection. As in like case the abbat and towne of Saint Gall, which are also allied, but yet in the protection of Zurich, Lucerne, Swits, and Glaris, as I have seene by the treaties which the - abbat of Orbez, (hauing remained long ambassedour in Swisserland) imparted unto + abbat of Orbez, (having remained long ambassedour in Swisserland) imparted unto me from the first unto the last: those of Valdaost, were in like daunger to - them of Geneua, for the Valoisians would have made them subiect, vnder a colour + them of Geneua, for the Valoisians would have made them subiect, under a colour of protection, in the yeare 1559, if the king of Fraunce bad not defended them. And euen as the vassall is freed from the fealtie and homage which he oweth unto his lord, if hee bee ill intreated by him, as it was adiudged by the court @@ -39518,7 +39517,7 @@ England, who tooke their protection, should giue hostages, the which should be chaunged every six moneths: and that she should not build any forts in Scotland, but with the consent of the - Scottish men. Wherein the Athenians did erre, who hauing put themselves first + Scottish men. Wherein the Athenians did erre, who having put themselves first into the protection of Antipater, then of Cassander, of Ptolomey, and in the end of Demetrius the Besieger, they suffered their protectors to seize vpon their forts, and to put in garrisons, who presently @@ -39542,13 +39541,13 @@ prouision of nauie, ships, & gallies well armed. And then finding themselves the stronger, they changed the equal league into protection, & protection into subiection. So - as theThe cities of Greece subiected vnder colour of + as theThe cities of Greece subiected under colour of alliance. appellations of all the confederat cities came unto Athens; as we read in Xenophon, & all charges and impositions were taxed by the Athenians, who had freed themselves from all imposts: the which chanced for that the Athenians trained their subiects vp in arms, at their confederats costs. And so did the Lacedemonians to all their - confederats, whom vnder colour of an equall league, they imperiously forced to + confederats, whom under colour of an equall league, they imperiously forced to obey: for that for the most part they were all mechanike people. And contrariwise in Lacedemon there was not any Spartan that was an Artisan, being against Licurgus his lawes: so as the citie of Sparta @@ -39559,11 +39558,11 @@ tooke armes: for that the Romans commaunded them imperiously as their subiects: whereof Setin captaine of the Latines complained, saying, Sub vmbra foederis aequi seruitutem patimur, We - are (saith he) Slaves unto the Romans, vnder colour of an equall league. And a + are (saith he) Slaves unto the Romans, under colour of an equall league. And a little after, Consilia populorum Latinorum habita, responsumque non ambiguum imperantibus milites Romanis datum, absisterent imperare ijs, quorum auxilio egerent: Latinos pro sua libertate potius quam - pro alieno imperio arma laturos, The Latines hauing held a councell, + pro alieno imperio arma laturos, The Latines having held a councell, and giuen a plaine aunswere to the Romans which commaunded the souldiours, they wished them to forbeare to commaund them whose aid they needed: the Latines would rather take arms for their owne liberties, than for anothers rule and empire. We read, that Licortas captaine generall of the Acheans, vsed the like complaints to @@ -39574,7 +39573,7 @@ which the Romans have with the Acheans, in shew it is equall, but in effect it is an intreated libertie, and with the Romans it is emperie or absolute command. For the same cause the Samnites made warre against the Romans, - renouncing their league: for that vnder a colour of societie, they would + renouncing their league: for that under a colour of societie, they would commaund absolutely ouer them. And for the same reason the cities of Italie allied unto the Romans by an equall league, reuolted from their alliance for that the Romans drew from them an infinit succour of men and money, so that in @@ -39614,7 +39613,7 @@ warre against them with the people of Rome: you shall giue fortie hostages at the Consuls discretion, and fiftie talents. They left them the free gouernment of the state, but with such - conditions, as they were little better than subiects; hauing vnfurnished them + conditions, as they were little better than subiects; having vnfurnished them of men and money, and taken the best amongst them for hostages. These words of the league, Maiestatem Romanorum conseruato, Maintaine the maiestie of the Romans; shewes, that the league betwixt the Romans and the @@ -39630,7 +39629,7 @@ Gentlemen in ordinarie, and euen the kings Pages and Footmen (qui seruire regibus humiliter alijs superbe imperare consueuerunt, Which had beene accustomed to serue their kings humbly, and to commaund others imperiously) to depart out of Macedon, and to passe into Italy. And not content - therewith, they diuided Macedon into foure prouinces, forbidding vpon paine of + therewith, they divided Macedon into foure prouinces, forbidding vpon paine of death, That the one should have no accesse, communication, traffique, commerce, nor alliance of marriage, with another: and moreouer, that the moitie of those charges which were paid to the king, should be carried yearely into the @@ -39639,7 +39638,7 @@ Macedonie made tributarie to the Romans. receiued a law from the victor, and remained tributaries, yet they enioyed the gouernment of their estates. The Consull Mummius vsed the like - policie, hauing subiected the estate of Achaia, he rased Corinth, and abolished + policie, having subiected the estate of Achaia, he rased Corinth, and abolished the societies & communalties of Greece; yet he suffered the free people to enioy their laws and magistrats, easing them of part of their tributes: the which was a subtill meanes to draw unto the amitie of the Romans all the people @@ -39653,19 +39652,19 @@

-

It is also a double wrong which the lord receiues from his subiect, hauing put +

It is also a double wrong which the lord receiues from his subiect, having put himselfe in the protection of another, and from him that hath receiued him, if hee hold not of him by fealtie and homage, or hath some liuing in the protectors countrey. And for that Charles of Lorraine bishop of Metz, put himselfe into the protection of the empire, and obtained a safegard for him and his, of all that which he held in the country of Messin, in the yeare 1565, the king of Fraunce his lieutenant opposed himselfe to the - publication of this safegard: whereby he (hauing recourse unto the empire) + publication of this safegard: whereby he (having recourse unto the empire) brought in question his obedience due unto his prince, the protection of Metz, & his kings right. And yet many princes receiue all that seeke it, without discretion, the which is the cause of many inconueniences, if the protection be - not iust. It is a dangerous thing to vndertake - the protection of another prince, but it is more dangerous to vndergoe it + not iust. It is a dangerous thing to undertake + the protection of another prince, but it is more dangerous to undergoe it without a iust cause, being the chiefe subiect of all wars, & the ruine of cities and kingdoms, when as subiects fall from the obedience of their naturall prince, to obey another. And generally all treaties of alliance made with a @@ -39795,12 +39794,12 @@ estate is in question, and that he can have no securitie but hazard by the victorie. There are others who to win favour of all sides forbids their subiects by publike proclamations to giue ayde or succour to the enemies of - their associates, and yet vnderhand they suffer them to passe, yea sometimes + their associates, and yet underhand they suffer them to passe, yea sometimes they send them, so did the Aetolians, saith Titus Liuius, Qui iuuentutem aduersus suos socios, publica tantum auctoritate dempta, militare sinunt, & contrariae saepè acies in vtra{que} parte Aetolica auxilia habent, Which suffer there your yong men - vnderhand to goe to warre against their owne confederates, + underhand to goe to warre against their owne confederates, Allies are someimes dangerous. and oftentimes troupes of Aetolians are seene in either armie. Such allies are more dangerous than @@ -39821,7 +39820,7 @@ alterius iniuria, & illihatis vtriusque partis viribus parem esse: A third part, saith Titus Liuius being the best and the wisest, if they were to make choise of their lord, had rather subiect - themselves unto the Romans than vnder the king, but if they might have their + themselves unto the Romans than under the king, but if they might have their free will, they would have neither of them superior, with the ruine of the other, so as betwixt both the cities should be secure, the one alwayes protecting the weake from the iniuries of the other, and they both should @@ -39855,7 +39854,7 @@ they held vpon the firme land. Whereas before the warre the Pope would have been contented with some one place, but this tooke not effect, for Dominike Treuiran Procurator of S. Marke stayed the Senat, saying, That the Venetians were alwayes accustomed to take - townes and castels, but hauing once taken them, it were absurd to restore them. + townes and castels, but having once taken them, it were absurd to restore them. It is therefore more sase for him that remaines a neuter to meditate a peace, than to nourish warre, and in so doing to purchaseIt is most safe for a neuter to mediat peace. honor and the loue of others with @@ -39873,7 +39872,7 @@ third partie being a neuter, for the desire they have of peace, and the shame they have to seeke it: as the Florentines not able to subdue the Pisans, by reason of the Venetian succors, who desired nothing more than to retire - themselves, they did procure the duke of Ferrare vnderhand to mediate an + themselves, they did procure the duke of Ferrare underhand to mediate an agreement. It is the greatest point of honor that a Prince can attaine unto, to be chosen judge and vmpier of other princes quarrels, as in old time the Romans were, forIt is @@ -39907,20 +39906,20 @@ against the emperour after the battaile of Pauia. king of England for the deliverie of the king of France: not for that the afflicted fortune of the French did moue them unto pitie (as it is vsuall to kings, to whom the name of - maiestie seemes holie) but for feare of the imperiall Eagle, which hauing + maiestie seemes holie) but for feare of the imperiall Eagle, which having couered a great part of Europe with her wings, might gripe and teare in sunder those pettie princes with her tallents: and yet they themselves had not many yeares before ioyned in league with the Emperour against king Francis after the battaile of Marignan, and - restored Francis Sforce to the Duchie of Milan; hauing + restored Francis Sforce to the Duchie of Milan; having found by experience how dangerousIt is dangerous to be neighbour to a mightie prince. the neighbourhood of a mightie Prince was, for if he be iust and vpright, his successor will not resemble him, for which cause Methridates king of Pontus seeing the Roman empire to reach vp to heauen, he entred into league with the kings of Parthia, Armenia, and Egipt, and with many cities of Greece against the Romans, who had - seazed vpon the greatest part of Europe vnder coulor of iustice, causing in one - day fortie fiue thousand Roman citisens to be slaine + seazed vpon the greatest part of Europe under coulor of iustice, causing in one + day fortie five thousand Roman citisens to be slaine throughout all Asia, by a secret conspiracie, but it was then too late to make a league against a power which was inuincible. And therefore at this day if great Princes conclude a peace, all others seeke @@ -39978,7 +39977,7 @@ instant="false"/> Lisand. the grieuous punishment of his disloyaltie. Doubtlesse, periurie is more detestable than atheisme, for that the atheist who beleeues there is no God, is not so wicked and impious, as - he that knowes there is a God which hath a care of humane things, yet vnder + he that knowes there is a God which hath a care of humane things, yet under coulor of a false and counterfeit oath, is not ashamed to skorne and abuse his deitie: so as we may rightly say, That treacherie is alwayes ioyned with impietie and basenesse of mind; for hee that willinglie forsweares himselfe to @@ -40054,7 +40053,7 @@ and his companion with sixe hundred Captaines, Lieutenants and Gentlemen of the Roman armie, being surprized by the enemie in the straights of the Appenine hills, whereas they could neither aduance, retire, nor yet fight; being set at - libertie vpon their words, and hauing disputed of the law of nations in open + libertie vpon their words, and having disputed of the law of nations in open Senat, and before all the people, touching accords and treaties made in warre; they did neuer pretend force nor feare, but it was only said, that they could not treat of any conditions of peace with the enemie, without an especiall @@ -40074,7 +40073,7 @@ obserue the peace which he had sworne, he should returne prisoner into Spaine, giuing his two sonnes Francis and Henry for hostages. Being at libertie, all Princes offred themselves, and ioyned with him in league against the Emperour Charles the fift, to pull downe his - power whom they had raised vp to heauen. The king hauing assembled all his + power whom they had raised vp to heauen. The king having assembled all his princes and noblemen in his court of Parliament to resolue what was to be done touching the treatie of Madrill: Selua the first president, seeking to prooue that the king was not tyed unto the treatie, he @@ -40100,7 +40099,7 @@ he is not tied to any lawes of the treatie, nor to any other, neither is he forced to sweare; for hostages are giuen to be pledge for him that is captiue, and to suffer, if he shall make a breach of the - conditions agreed vpon. And were not he simple, that hauing a good pledge, + conditions agreed vpon. And were not he simple, that having a good pledge, should complaine of his debtor, that he hath broke promise with him: therefore the Consull Posthumius maintained before the people, That there was no contrauention in the treatie made betwixt him and the @@ -40118,7 +40117,7 @@ esset, preterquam duorum foecialium non extarent, What need (saith he) should there bee of hostages and sureties in a league or peace, if it be concluded by intreatie? the names of the Consuls, Lieutenants, and - Tribunes, which vndertooke it, are extant: if it be ended by a league, there + Tribunes, which undertooke it, are extant: if it be ended by a league, there should be no names ioyned unto it, but of the two heraulds. Whereby it appeares, that king Francis the first, and the king of Cipres, who left their children for hostages, were absolued of their promises @@ -40151,14 +40150,14 @@ touched his honour and reputation; hee caused all the princes to assemble in his court of parliament; and after that hee had called Perrenot Granuelle ambassadour for Spaine, he said unto him, That Charles of Austria - (hauingThe French king defies the emperour. said + (havingThe French king defies the emperour. said unto the herauld of Fraunce, That the king had broken his faith) had spoken falsly, and that as often as he should say so, he did lie: and that hee should appoint a time and place for the combat, where he would meet him. The king of England finding in likeThe king of England defies him. sort that he was touched, vsed the like chalenge, and with the like solemnities. It was done like generous princes, to let all the world - vnderstand, that there is nothing more foule and impious than the breach of + understand, that there is nothing more foule and impious than the breach of faith, especially in princes. Neither was there euer prince so disloyall, that would maintaine it to be lawfull to breake their faith. But some have pretended that they have bene circumuented in their treaties, by the fraud of their @@ -40176,7 +40175,7 @@ bishoprike of Arles in Prouence, without the priuitie of the king or his ambassadour, which did reside at Rome: where with the king being incensed (as the case deserued) he caused all the fruits which - the beneficers of Rome had in Fraunce, to be seized on: then the pope hauing + the beneficers of Rome had in Fraunce, to be seized on: then the pope having found what he sought for, declared himselfe an open enemie unto the king. So Guichardin writes, That @@ -40195,10 +40194,10 @@ instant="false"/>da. colourable to falsifie their faith, and have any respect to their honour, they aske aduise and councell of lawyers: as the marquesse of Pesquiere, who aspiring to make himselfe king of - Naples, caused many consultations to bee made vnder hand, to know if hee which + Naples, caused many consultations to bee made under hand, to know if hee which were vassall to the king of Naples, might (with his faith and honour saued) obey the pope, who was soueraigne lord of the realme of Naples, rather than the - king, who was but a feudatarie: hauing two strings to his bow, for he made his + king, who was but a feudatarie: having two strings to his bow, for he made his account, that if the warre were attempted by the duke of Milan with the popes consent, against Charles the fift, should succeed well, he should then be king of Naples: but if hee should faile, then would he begge the dutchie of Milan, as a reward for @@ -40238,7 +40237,7 @@ kept with them that have broken their faith. But they pase on further and say, That by a decree made at the councell of Constans, it was ordained, That no faith - should be kept with the enemies of the faith: for that the emperour Sigismond hauing giuen + should be kept with the enemies of the faith: for that the emperour Sigismond having giuen his faith to Lancelot king of Bohemia, and a safe conduct to Iohn Hus, and Ierosme of Prague, would not suffer any to proceed against them: but to free him of @@ -40261,7 +40260,7 @@ very reasonable and profitable conditions for the Christians, notwithstanding the Legat shewed him this decree made by the Councell, by the which they might not hold no faith with the enemies of the faith. The Hongarians building - thereon, brake the peace. But the Emperour of the Turks hauing notice of this + thereon, brake the peace. But the Emperour of the Turks having notice of this decree, and of the breach of the peace, leauied a mightie armie, and hath neuer ceased since, both he and his successors, to increase in power▪ and to build that great Empire vpon the ruine of Christendome; for euen the Emperour Sigismond @@ -40295,16 +40294,16 @@ Imperiall chamber, Lib. 1. the 86 chapter, where it is said, That they should sweare to keep their faith with the Christians as loyally as their predecessors did with the Gifans that were Idolaters. So Iosua commaunderFaith must be kept - with Pagans and Idolaters. ouer the Israelites, hauing bene + with Pagans and Idolaters. ouer the Israelites, having bene circumuented by the Gabionites beeing Pagans and Infidels, in a treatie which he had made with them, to saue them, and foure townes which - they had: and hauing afterwards discouered their fraud, beeing persuaded + they had: and having afterwards discouered their fraud, beeing persuaded by the Captaines of the Israelites to breake the peace, he would not do it, saying, That they had giuen their faith, to the end saith the text, that the furie of God whom they had called to witnesse should not fall vpon them. As for that which we said, That no faith is to be kept with them that have broken their faith: it is but agreeable with the - law of nature, and all histories are full of them. And in our time Sinan Bascha hauing capitulated with them of Tripoli in + law of nature, and all histories are full of them. And in our time Sinan Bascha having capitulated with them of Tripoli in Barbarie, and sworne by his maisters head to sufferFaith is not to be kept with them that have broken their faith. the knights of Rhodes to depart with their baggage after, that the towne was yeelded, @@ -40324,7 +40323,7 @@ agreement together, else there should neuer be any assurance of peace, nor end of treacherie. But if one Prince hath broken his promise and deceiued an other, he hath no cause to complaine if he be required with the like: as the Romans - hauing vanquished the Epirots (who had broken their faith with them, and put + having vanquished the Epirots (who had broken their faith with them, and put garrisons into their townes during the warres of Macedonie) presently after the taking of Perseus, they made it to be giuen out that they would also set the Epirots at libertie, @@ -40345,7 +40344,7 @@ Spinola Gouernor of the Ise of Corsica for the Geneuois, committed a fouler act, adding crueltie to his periurie; for - hauing called all the Princes of the island together vnder colour of councell, + having called all the Princes of the island together under colour of councell, and inuiting them to a banquet, he commanded them to be slaine, the historie is fresh. And the banished men of Cynethe a citie of Greece, being called home, and receiued by a new treatie made with them which had expelled them, they @@ -40379,7 +40378,7 @@ eight, nor more vpright and iust than Lewis the twelfth, who raigned in the time of Maximilian. Yea the last, who alone among all others, was called Father of the people, did shew how loyall he - was both in deed and word, hauing treated a peace with Ferdinand king of Arragon, from whome hee had receiued many wrongs and losses, yet when as Ferdinand was come unto the port of Sauonne, the king of Fraunce + was both in deed and word, having treated a peace with Ferdinand king of Arragon, from whome hee had receiued many wrongs and losses, yet when as Ferdinand was come unto the port of Sauonne, the king of Fraunce entred into his gallie▪, accompanied onely with two or three noble men, Ferdinand beeing amazed at his great assurance and bountie, went out of his gally, and lodged in the castle of Sauonne. It was in the power of the king of Fraunce to retaine him (as Charles of Bourgongne did in the like case to Lewes the eleuenth at Peronne) but hee was so free from any so vild @@ -40395,7 +40394,7 @@ hostages from the other, or some places of strength, before he approach, as it is commonly vsed. So did king Perseus, who being come with a great traine unto the frontiers of his realme, and would have passed the - riuer which diuided the two kingdomes, Q. Martius + riuer which divided the two kingdomes, Q. Martius Philippus the Roman ambassadour required hostages, if hee meant to passe with aboue three in his companie: Perseus gaue the chiefe of his friends, but Martius gaue not any, for @@ -40408,8 +40407,8 @@ forces on either side; and in delivering the hostages, to receiue the captiue at the same instant; as they did when as king Francis the first came out of Spain from prison: else it were to be feared, that a - disloyall prince would hold both prisoners and hostages: as Triphon the gouernour of Soria did, hauing taken Ionathan by treacherie, he promised to set him at libertie for - threescore thousand crownes, and his two sonnes hostage: hauing delivered him + disloyall prince would hold both prisoners and hostages: as Triphon the gouernour of Soria did, having taken Ionathan by treacherie, he promised to set him at libertie for + threescore thousand crownes, and his two sonnes hostage: having delivered him the ransome and hostages, hee kept the money and slue the hostages with the prisoner: commaunding his pupill the king of Soria to be cruelly murthered. We must by all meanes shun these pestilent kind of men, and not contract any league or friendship with them, vnlesse it @@ -40418,9 +40417,9 @@ king of Naples was, who slue Cont Iames the duke of Millans ambassadour. Such a one they write was Caracalla emperour of Rome (who neuer shewed a good countenance, but to such as he meant - to murther) hauing made a peace with the Parthians, he demaunded the kings + to murther) having made a peace with the Parthians, he demaunded the kings daughter, the which was graunted him: so as hee went into Persia wel - accompanied to marie-her, being all armed vnder their garments, who vpon a + accompanied to marie-her, being all armed under their garments, who vpon a signe giuen, when as they thought of nothing but of good cheere, he caused all the noble men that were at the marriage to be slaine, and so fled away: being not ashamed to boast, That it was lawfull to vse his enemies @@ -40438,7 +40437,7 @@ both of them did religiously hold, That faith was to be giuen to all men, but to be kept with no man. Caesar gaue his faith, and sware great oathes for the assurance of the peace which he had made with the princes - that were in league against him: and hauing + that were in league against him: and having drawne them together vpon his faith, hee murthered them cruelly whereat his father laughing, said, That he had shewed them a Spanish tricke. But it was an extreame folly for the princes to put their lives into the hands of the most @@ -40451,7 +40450,7 @@ that he had circumuented his enemies. For when as Consaluus Viceroy of Naples had giuen him his faith (not being so skilfull in the law of armes and herauldry, as he was to commaund in warre) Borgias came to Naples, - which when as king Ferdinand vnderstood, he commanded + which when as king Ferdinand understood, he commanded him to keepe Borgias Treacherie paied with treachery. prisoner: the @@ -40476,7 +40475,7 @@ the castle was easily taken: then did he bring Hippias backe safe into the castle according to his promise, and there slue him. In like sort Saturnius the - Tribune with his complices, hauing seized vpon the capitoll by conspiracie and + Tribune with his complices, having seized vpon the capitoll by conspiracie and rebellion, comming forth vpon the Consuls faith and safegard, they were slaine, and their memorie condemned. The like chance happened in Luques in the yeare 1522, when as Vincent Poge and his companions had slaine @@ -40491,12 +40490,12 @@ decree made in the yeare 1512, did forbid to take any one prisoner, to whome the Seigneurie had giuen a safeconduct: not that princes and soueraigne states are bound to giue their faith unto subiects, and much lesse unto banished men; - but hauing once giuen it they must keepe it inuiolable. We have no better + but having once giuen it they must keepe it inuiolable. We have no better schoolemasters of the lawes of armes, and of the publike faith, than the auntient Romans, and yet we read that Pompey the Great did capitulat with pirats, giuing them a sure retreat in some townes & - prouinces, to live there vnder the obedience of the Romans: for he was aduertised, that the pirats had nine hundred - sayle of ships, and aboue fiue hundred townes vpon the sea coast, commaunding + prouinces, to live there under the obedience of the Romans: for he was aduertised, that the pirats had nine hundred + sayle of ships, and aboue five hundred townes vpon the sea coast, commaunding the whole sea, so as the gouernours could not passe to their prouinces, nor marchants traffique: and that so great a power could not be defeated, without exposing the estate of the people of Rome to apparent daunger; the maiestie @@ -40515,7 +40514,7 @@ battailes: but after that he had bene vanquished by Crassus, all that escaped were hanged. Whereby it appeares, that it is dishonourableIt is dishonourable for a prince to deale with theeves. for a prince or state, to treat with theeves: but - hauing once plighted their faith unto them, it + having once plighted their faith unto them, it is against their dignitie to breake it. There is a rare example of the emperour Augustus, who made a proclamation, That whosoeuer could bring unto him Crocotus, captaine of the theeves @@ -40545,7 +40544,7 @@ Liuius saith of Philip king of Macedon, Vnares Philippū maxime angebat, quod cum leges a Romanis victo imponerentur seuiendi ius in Macedonas, qui in bello ab se defecerant ademptū erat, One thing tormented Philip, that - hauing laws prescribed him by the Romans, he might not tyrannize ouer the + having laws prescribed him by the Romans, he might not tyrannize ouer the Macedonians who had fallen from him duringA prince giuing his faith to his subiects, must keepe it. the wars. I hold that in this case the treatie is broken, and that the enemie or the prince which hath @@ -40556,7 +40555,7 @@ unto the Pope, soueraigne lord of Naples, the king of Spaine, the Venetians, and the Florentines, who were bound, and had all sworne to entertaine the treatie, yet they were imprisoned by Ferdinand king of Naples, who put them all to death, - although he had receiued them vnder his fathers assurance and his owne. But + although he had receiued them under his fathers assurance and his owne. But there is no breach of the treatie if a priuat person seekes revenge of former wrongs of them that are comprehended in the treatie vnlesse; he hath precisely promised that he shall not suffer any pursuit to be made against them for any @@ -40566,7 +40565,7 @@ which may not be stretcht from the places, times, persons and cases, contained in the articles of the treatie or safeconduit: all which notwithstanding were neglected by pope Leo the - tenth, who hauing giuen his faith and a pasport unto Paul + tenth, who having giuen his faith and a pasport unto Paul Baillon (who had expelled his nephew out of Perouze) when he came to Rome he was committed prisoner, and his processe made, not only for his rebellion, but for many other crimes, for the which he was conuicted and @@ -40586,8 +40585,8 @@ especiall commission. a protection for any one without a commission from his maister, as we have shewed before; the ignorance whereof hath oftentimes been a great plague and ruine to princes. Pope Clement the 7 circumuented the Florentines in our age with the like - fraude, hauing promised the Spanish Ambassador to maintaine their estate free: - but hauing seazed of the citie, he made it subiect to Alexander his brothers bastard, who put the chiefe men to death, after + fraude, having promised the Spanish Ambassador to maintaine their estate free: + but having seazed of the citie, he made it subiect to Alexander his brothers bastard, who put the chiefe men to death, after the proscription of many, saying, That treason was alwayes excepted: the which was a friuolous and idle excuse, seeing that he was neuer lord of Florence. Therefore in all treaties it is most safe to set downe particularly the number and qualitie of the iudges, for the @@ -40637,7 +40636,7 @@ comprehended, as allied unto the Romans, but this treatie was not expresly ratified by the Carthaginians; vpon which point the Senat of Carthage stood, maintaining that Hanniball might lawfully make warre - against the Saguntines: and yet the Carthaginians hauing observed the treatie + against the Saguntines: and yet the Carthaginians having observed the treatie made by their Generall in all other clauses, they had ratified it in fact, which is more than words. It is therefore the more sure not to conclude anything without an especiall commission, or expresse ratification, for there @@ -40662,15 +40661,15 @@ other excuse, he that is the stronger, is in the right, and the weaker hath wrong, as Atabalippa king of Peru (being prisoner to Francis Pizarre, Captaine of the Spanyards) he promised the value of ten millions and three hundred thousand ducats for his ransome, - the which he payed: the Spanyards hauing resolved to put him to death, said, + the which he payed: the Spanyards having resolved to put him to death, said, That there was no meanes for his libertie, vnlesse he became a Christian: he to saue his life was baptized, but with much griefe of mind, saying, That the immortall sonne was to be preferred before mortall gods, but terrified with such imminent danger, he imbraced the - Christian religion. What shall I say more? The Spanyards hauing a king that was + Christian religion. What shall I say more? The Spanyards having a king that was penitent, confessing and obedient to all their lawes, they put him to death, without any regard of faith or oath, like unto the wicked Millanois, whom it - were a sinne to name, who hauing taken his enemie at an aduantage, set a dagger + were a sinne to name, who having taken his enemie at an aduantage, set a dagger at his throat, threatning to kill him, if he did not aske him pardon for all the iniuries he had done him, the which was done: then he threatned him with death if he did not denie God; he abiured God and all his works with horrible @@ -40687,12 +40686,12 @@ the end vpon the true Crosse. I omit to write what he profited by this oath, and what succeeded. But the Earle of S. Paule would not giue anyPhilip Comines. credit to all this, when as the king gaue him a safeconduit, vnlesse he would sweare by the crosse of S. Lau, which was kept at Angers, the which he refused to - do, hauing resolved to put him to death, and fearing aboue all things this + do, having resolved to put him to death, and fearing aboue all things this crosse, whereupon the lord of Lescut required him to sweare before he would come unto his seruice, and he kept his oath. The like was done in the treatie of peace betwixt Charles Regent of France, and the king of Nauarre, when as the Bishop of Lizieux said Masse in a tent pitcht betwixt the two armies, and receiued the - oath vpon the hoste: for better assurance of the treatie, the Bishop diuided + oath vpon the hoste: for better assurance of the treatie, the Bishop divided the hoste in two, giuing the one halfe to the king of Nauarre, the which he refused, excusing himselfe that he had broke his fast, neither would the Regent take the other part, so as either suspected the other of periurie. The @@ -40722,7 +40721,7 @@ treaties of peace in lesse then twelue yeares, and not any one was kept, as we read in our histories. And for that among all the treaties made among princes, there is not any one that hath more need of assurance, and that is more - difficult to entertaine, than that which is made with the subiect, hauing + difficult to entertaine, than that which is made with the subiect, having conspired against his prince; I am of opinion that in this caseThe maner to capitulat b twixt the pi such conditions as he pleased, and then he entred into the Castell with a small traine to do his homage, but sodenly he was strangled by the kings commandement, and cast out at a window in view of his armie, which - hauing lost their head, yeelded presently. In like sort the Duke of Yorke - hauing taken armes against Henry the sixt king of - England, hauing gotten the victorie he made an agreement with the king vpon + having lost their head, yeelded presently. In like sort the Duke of Yorke + having taken armes against Henry the sixt king of + England, having gotten the victorie he made an agreement with the king vpon condition that after his decease the Crowne should come unto the house of Yorke; and the prince of Wales, sonne to king Henry the 6 should be excluded, and in the meane time he should remaine Regent of @@ -40759,7 +40758,7 @@ say it is necessary that neighbour princes and allies be comprehended in the treatie made betwixt the prince and his subiects as pledges and warrants, I do not meane that it shall be lawfull for forraine princes to thrust their - neighbours subiects into rebellion, vnder coulor of protection or amitie: and + neighbours subiects into rebellion, under coulor of protection or amitie: and in truth the beginning and spring of all the warres betwixt king Francis the first, and the Emperour Charles the fift, was for the protection of Robert de la March, whom king Francis receiued, as du Bellay hath well observed. But a wise prince may meditate an accord betwixt another prince and his subiects, and if he finds @@ -40780,7 +40779,7 @@ Emperour Charles the 5 for the libertie of the Empire, and entertained the league of the sea townes which the Emperour sought to breake, & to change the Empire into an hereditarie kingdome else he which - persuadeth: another Princes subiects to rebell vnder culour of protection + persuadeth: another Princes subiects to rebell under culour of protection (which should be as a holie anchor for people vniustly tyranized) he doth open the gate of rebellion to his owne subiects, and brings his owne estate into danger, with an euerlasting shame and dishonor. And therefore in all societies @@ -40792,8 +40791,8 @@ forced to leaue the protection of Rigie in Liuonia. And whatsoeuer some say, that it is lawfull for the vassall to free himselfe from the subiection of hisWhen the vassal may free himself from - his lord. lord, if he be ill intreated; it is to be vnderstood of an - vndervassall, which hath recourse unto his soueraigne lord, and not of a leege + his lord. lord, if he be ill intreated; it is to be understood of an + undervassall, which hath recourse unto his soueraigne lord, and not of a leege vassall which holds immediatly, and without the meanes of any other vassall, who in some other respect may be a soueraigne: as the subiects of Guienne and of Poitou rebelled iustly against the king of England vassall to the king of @@ -40805,13 +40804,13 @@ which was done unto him, the Geneuois aunswered, That they had freed but their owne subiects from the tyrannie of the Marquis: yet hee preuailed against them, notwithstanding they pleaded that hee was their vassall. Else every one might - vnder colour of ill vsage rebell against his lord, and put himselfe in the + under colour of ill vsage rebell against his lord, and put himselfe in the protection or subiection of another: as some subiects of the Duke of Sauoy, - hauing been thirtie yeares or there abouts vnder the seigneurie of Berne, + having been thirtie yeares or there abouts under the seigneurie of Berne, seeing now that they would turne them ouer to their antient lord, they beseeched the Bernois instantly, not to abandon them, being afraid of ill vsage: but they were denied their request, as I have - vnderstood by letters from the Ambassador Coignet. And + understood by letters from the Ambassador Coignet. And although1561. that hee that is banished by his prince may be receiued into protection by another prince, or into subiection, without any breach of the treatie (which forbids the receiuing of another @@ -40862,7 +40861,7 @@ from this day forward, so long as God shall giue me knowledge and power, I will defend my brother Charles, and will aide him in every thing as any man by right ought to saue his brother, and not as another would - do: And by my will I will have no quarrell with him, if my brother Charles doth me no wrong. King Lewis hauing made an end of this oath, king Charles spake the same words in the Germaine toong thus, In God est &c. Then both + do: And by my will I will have no quarrell with him, if my brother Charles doth me no wrong. King Lewis having made an end of this oath, king Charles spake the same words in the Germaine toong thus, In God est &c. Then both the armies subiects to the two princes sware thus, Si Ludouigs sagrament que son fradre Carlo iurat, conseruat, & Carlus meo sender de suo par no lostaint, si io retornar non luit pois, ne io veuls cui @@ -40995,7 +40994,7 @@ states, have beene accustomed to continue the time of the league after the princes death▪ as it was in the league betwixt the Cantons of the Swissers, and Francis the first, where the time was limited for the - kings life, and fiue yeares after, and since it hath alwayes so continued: but + kings life, and five yeares after, and since it hath alwayes so continued: but that condition did bind the Swissers, and not Francis his successor, who might at his pleasure hold, or go from the league: for that an oath is personall, and to speake properly, cannot be taken for the @@ -41017,10 +41016,10 @@ alwayes done with the Cantons for these fiftie yeares: and although we were assured of a perpetuall amitie and friendship, and that there should bee no cause of griefe or dislike, yet friendships grow cold, and have need to be reuiued and quickned by new - treaties. And therefore in the treatie betwixt the Vallesians and the fiue + treaties. And therefore in the treatie betwixt the Vallesians and the five small Cantons, it is set downe in the last article, that the league should be renued every tenth yeare. And in the treaties betwixt the eight Cantons it is - said, that the alliances should be renued every fiue yeares. The Romans did + said, that the alliances should be renued every five yeares. The Romans did sweare a league and perpetuall amitie with the inhabitants of Laurentum, and yet was it renewed every yeare, Cum Laurentibus (inquit Liuius) renouari foedus iussum, renouaturque ex eo quotannis post diem @@ -41081,7 +41080,7 @@ thereof, although it were expresly forbidden in the treatie, that not any one of the confederats might make a peace or truce with the Turke, without the consent of all the rest. So the auntient Romans - hauing to doe with faithlesse and disloiall people, they did not willingly + having to doe with faithlesse and disloiall people, they did not willingly conclude a peace, but a truce for many yeares, as they did with the Veientes, Veientibus pacem petentibus in annos centum induciae datae, The Veientes requiring a peace, they had a truce graunted them @@ -41105,10 +41104,10 @@ many times the ruine of states. So the Romans have alwayes punished seuerely the breakers of any truce: the first example was showne vpon the person of Metius Dictator of the Albanois, who was pulled in peeces with foure horses, and the citie of Alba rased: the people of Veientes were - rooted out, hauing rebelled seuen times against the articles of the truce: the + rooted out, having rebelled seuen times against the articles of the truce: the citie of Carthage was burnt to ashes: the people of Capoua slaine for the most part, and the rest made Slaves: the inhabitants of Corinth massacred, and their citie burnt to ashes: the Samnites were - ruined, hauing infringed their faith seuen times, as we read in Titus Liuius, Strabo, with infinit others, which were + ruined, having infringed their faith seuen times, as we read in Titus Liuius, Strabo, with infinit others, which were impossible to set downe in particular, which carrie an euerlasting testimonie of Gods iust iudgements against treacherous and disloyall princes, and faithlesse people, which mocke at oathes. As for treacherous and disloyall @@ -41127,7 +41126,7 @@ caesi, & de Saxo deiecti, In the Punike warre 380 runnawayes (saith Liuie) beeing sent to Rome, were whipt in the open - assemblie, and cast downe the rocke. And if the enemie hauing giuen hostages, + assemblie, and cast downe the rocke. And if the enemie having giuen hostages, did infringe their treaties, the hostages were publikely put to death: as it happened unto three hundred hostages of the Volsques, which were slaine: and in like case the hostages of the Tarentines, Fugientes retracti, @@ -41139,7 +41138,7 @@ sunt, Fleeing they were fetcht backe, and being beaten long with rods, they were cast from the mount Tarpeia (saith Titus Liuius.) But since that they have made a trade of the breach of - faith, they have also made a conscience to put hostages to death: as Narses, who pardoned the hostages of the Luquoies, hauing + faith, they have also made a conscience to put hostages to death: as Narses, who pardoned the hostages of the Luquoies, having broken their faith: and Charles duke of Bourgongne had no sooner set three hundred hostages of the Leegeois at libertie (the which he might iustly have put to death, whatsoeuer Comines saith) but they attempted a new warre @@ -41218,8 +41217,8 @@ their king, she buried all the ambassadors alive▪ and before they were aduertised thereof, she sent them word that she would have ambassadors of greater worth, whereupon they sent her fiftie more of the noblest of the whole - countrie, all which she caused to be burned alive, and vnder promise of - marriage she murthered fiue thousand which she had + countrie, all which she caused to be burned alive, and under promise of + marriage she murthered five thousand which she had made dronke. It is not needfull heere to rehearse how many cities and people have been ruined and rooted out for the breach of faith with ambassadors, who are and ought to be sacred and inuiolable. And ambassadors are also to be warned that they exceed not their @@ -41238,7 +41237,7 @@ so indiscreetly, but yet as cruelly, least they should seeme to have broken their faith, dismissing them, and yet sending others after them to kill them: as Tuca queene of Sclauonia did, who sent some to - murther the yongest of the three Roman ambassadours, hauing threatned her, the + murther the yongest of the three Roman ambassadours, having threatned her, the which was afterwards the cause of her ruine, and of her estate. But the fact of the king of Mofcouie was most barbarous, who seeing an Italian ambassadour to put on his hat before he was bidden, he caused it to bee nailed fast unto his @@ -41258,7 +41257,7 @@ person, willing him to giue him aunswere, before he went out of that circle: here Liuie saith, Obstupefactus est rex tam violento imperio, The king was amazed at so violent a commaund: - and yet he did what the Romans commanded, hauing tried their power. Marius the elder vsed the like libertie towards Mithridates king of Pontus or Amasia, who although he + and yet he did what the Romans commanded, having tried their power. Marius the elder vsed the like libertie towards Mithridates king of Pontus or Amasia, who although he neither were ambassadour, nor had any publike charge, yet he said unto the king, That he must obey the commaundement of the people of Rome, or be the stronger. Then did Mithridates find that true which was @@ -41267,7 +41266,7 @@ cause Marc Anthonie caused an ambassador which was sent from Augustus to be whipt, for that he talked too freely to queene Cleopatra. But those princes are wisest, which - hauing receiued any affront from ambassadours, + having receiued any affront from ambassadours, demaund reparation from their maisters: as Charles earle of Charolois, said unto the ambassadours of Lewis the eleuenth, That his Chauncellour had braued him, but the king would shortly @@ -41276,15 +41275,15 @@ something of an herauld which was sent from the emperour Charles the fift, that might bee some impeach unto his maiestie, he caused a gibe to be set vp before the court gate, - when he heard that hee approached, letting him vnderstand, that he would hang - him, if he opened his mouth, for hauing giuen the emperour the + when he heard that hee approached, letting him understand, that he would hang + him, if he opened his mouth, for having giuen the emperour the lie, he knew well that the herauld could not bring him any aunswere, without some touch to his honour and dignitie. Some there bee that will attempt warre against their associats for any small iniurie: as the Scots did in old time against the Picts, for taking - away their dogges, hauing lived together almost six hundred yeares in great + away their dogges, having lived together almost six hundred yeares in great peace and amitie. A good prince must trie all meanes, and dissemble many things, before he come to armes. I do not agree with Bartol, who saith, That the peace is not violated, if any one hath - vndertaken that hee shall not bee wronged, and yet his things are stolne away + undertaken that hee shall not bee wronged, and yet his things are stolne away by him with whome he hath made a peace: for that there was nothing that did sooner moue the antient Romans to make warre, than for things taken away, and iniuries done. M. Aurelius the emperour said well, Putasne non aliter vim inferri quam si homines vulnerentur: @@ -41344,15 +41343,15 @@ nothing else but a valuation of every mans goods: and for that wee are to treat of reuenues, it is verie needfull to speake of censuring, and to shew, that of all the Magistrats of a commonweale, there are not many more necessary: and if the necessitie be apparant, the - profit is farre greater, be it either to vnderstand theThe + profit is farre greater, be it either to understand theThe commendation of censuring, or estimating the subiects estates. number and qualities of the citisens, or the valuation of every mans goods; or else for the well gouerning and awing of the subiect. And calling to mind the farthest bounds of antiquity, I doe much wonder, how so goodly a charge, so profitable and so necessarie, hath bene laid aside so carelesly, seeing that - all the ancient Greeks and Latines did vse it, some yearely (saith Aristotle) others from three, foure, or from fiue yeares - to fiue yeares, making an estimation of every mans wealth and priuate estate: - whereof Demosthenes hauing made an abstract out of the + all the ancient Greeks and Latines did vse it, some yearely (saith Aristotle) others from three, foure, or from five yeares + to five yeares, making an estimation of every mans wealth and priuate estate: + whereof Demosthenes having made an abstract out of the publike registers, said (speaking unto the people) that all the reuenues of the countrey of Attica did amount unto threescore thousand talents, or thirtie six millions of crownes. EuenCensors vsed by the Greeks and Romans. Liu. @@ -41369,7 +41368,7 @@ threescore and six yeares after that the Consuls had executed it. L. Papirius, and - L. Sempronius being the first that were called Censores, and they held the office fiue yeares: but ten + L. Sempronius being the first that were called Censores, and they held the office five yeares: but ten yeares after L. Aemilius Mamercus limited the time of the Censors office to eighteene moneths. And soone after, this custome was followed by all the cities of Italy, and namely by the Roman Colonies, who @@ -41388,17 +41387,17 @@ euerie prouince: And was there euer Emperour that left so goodly an estate of an empire, as he did?

-

Afterwards it was discontinued vnder the tyranny of Tiberius and Caligula, and reuiued againe by +

Afterwards it was discontinued under the tyranny of Tiberius and Caligula, and reuiued againe by Claudius the Emperour, which made the 74 Lustre. It - was left againeLustrum. vnder Neron, and continued againe vnder Vespatian, - who made the 75 Lustre: and then it left vnder the tyranny of Domitian, who called himselfe Perpetuall Censor, and yet made no + was left againeLustrum. under Neron, and continued againe under Vespatian, + who made the 75 Lustre: and then it left under the tyranny of Domitian, who called himselfe Perpetuall Censor, and yet made no suruey. A hundred and fiftie yeres after, or thereabouts, the Emperour Decius caused the Senate to declare Valerian Censor, with ample authoritie. And since that this office was laid aside, the empire hath alwaies declined. True it is, that the Emperours of Greece did erect an office, which they called Magistrum Census, or The master of inrollments, who kept the publike registers containing all testaments and publike acts, with the names and ages of euerie person; yet not with such dignity and power as the auntient Censors. But it is certaine, that all townes subiect to the Roman - empire, had their Censors, euen vnder Traian the + empire, had their Censors, euen under Traian the Emperour, and that the Senators of euerie owne were chosen by the Censors, as wee may read in an epistle written by Plinie they younger to the Emperour Traian. And (not to goe out of this realme) we read, that king Childebert, at the persuasion and instance of Marouëus Bishop of @@ -41411,7 +41410,7 @@ in a free citie abounding with all kind of delights, seemed harsh and seuere.

-

Few yeares before the creation of this Magistrat, hauing set forth my booke of +

Few yeares before the creation of this Magistrat, having set forth my booke of the Method of Histories, I did therein much maruell, that in so great a number of officers, wherein the Venetians did exceed other cities, they had forgotten Censors, which were most necessarie. The @@ -41467,19 +41466,19 @@ was but of such as could cary armes, from 20 yeeres vpward; in the which it seemes that old men aboue 60 were not comprised, & yet they were found by pole to amount to six hundred thirtie thousandThe number of - the Israelites. fiue hundred and fifty, besides the tribe of Leui which made twentie two thousand, from a moneth old - vpward, which was in all six hundred fifty two thousand fiue hundred and + the Israelites. five hundred and fifty, besides the tribe of Leui which made twentie two thousand, from a moneth old + vpward, which was in all six hundred fifty two thousand five hundred and fiftie. And fortie yeeres after the number was taken, when as all those which came forth were dead, except Moyses, Iosua, and Caleb, they were foundExod. 120 to bee six hundred twentie foure thousand seuen hundred seuenty three, - comprehending the Leuits, besides the women, Slaves, old men, and youth vnder + comprehending the Leuits, besides the women, Slaves, old men, and youth under twentie yeres, which were at the least twice as many. But Titus Liuius speaking of the number of the citisens that were found in Rome, sayth in his third booke, Censa sunt ciuium capita 415 millia, preter orbos orbasque, the number of the citisens is 415000 besides the blind. Florus in his 59 booke saith, Censa sunt ciuium capita 313 millia 823 preter pupillos & viduas, the citisens are numbred at 313823 - besides widdowes and pupils. Fiue yeeres after he sayth, Censa sunt ciuium capita 390 millia 936, The number of the citisens is + besides widdowes and pupils. five yeeres after he sayth, Censa sunt ciuium capita 390 millia 936, The number of the citisens is 390936. And in the following suruey, 394356. And in the next inrollment 450000 and in the other after that 150000. I omit the former surueyes, which are all greater than this last: but it seemes the Citisens of Rome were not excluded, as it may appeare in that which I have noted, for @@ -41541,7 +41540,7 @@

This appeared plainely, when as Pericles numbred the citisens of Athens, for the prerogatiues and priuiledges they had aboue strangers, where there were found thirteene thousand three hundred and sixty - citisens, and fiue thousand strangers which carryed themselves as citisens, and + citisens, and five thousand strangers which carryed themselves as citisens, and were sould for Slaves by a publicke decree.The citisens order is knowne. Moreouer, to order and gouerne the bodies & colleges of citisens according to the estate and age @@ -41729,8 +41728,8 @@ commonweale, and it hath best maintained the greatnesse of that empire: for euen as the Censors were alwayes chosen out of the most vertuous men of the commonweale, so did they striue to conforme the - subiects to the true patterne of honour and vertue. This was done from fiue - yeres to fiue yeres: & after that they had setled the estate of the treasure, and farmed out the reuenues. And if they + subiects to the true patterne of honour and vertue. This was done from five + yeres to five yeres: & after that they had setled the estate of the treasure, and farmed out the reuenues. And if they discontinued this charge (as oftentimes it fell out by reason of the tediousnesse of the warres) then did it plainely appeare, that the people grew corrupted in manners, and that commonweale @@ -41796,8 +41795,8 @@ Atheists, which have nothing but blasphemy in their mouthes, and contempt of diuine and humane lawes; whereby do follow infinite murthers, paricides, poysonings, treasons, periuries, adulteries, and incests: neither is it to bee - expected, that eyther prince, or magistrat shall reduce those subiects vnder - the obedience of the lawes, that have trodden all religion vnder foot. But this + expected, that eyther prince, or magistrat shall reduce those subiects under + the obedience of the lawes, that have trodden all religion under foot. But this depends of the ouerseears or Censors, who vse diuine lawes when as mans decrees are of no force: for that Legum metus non scelera, sed licentiam comprimit, The feare of lawes doth not suppresse the crimes, @@ -41814,7 +41813,7 @@ commonweale, whereof as of yong plants they should have the greatest care) wee see it is neglected, and that which should be publike, is left to every mans discretion, vsing it at his pleasure, some in one sort, some in another, the - which I will not touch heere, hauing treated thereof in an other place. And for + which I will not touch heere, having treated thereof in an other place. And for that Licurgus said, That thereon consisted the foundation of a commonweale; he appoynted the great Pedonome to be Censor of the youth, and to gouerne them according to the lawes, not at the parents discretion: for as the scope and end of a citie is all one, so the education of all @@ -41846,7 +41845,7 @@ answere, that it was for a superstition they had unto their gods; but the wisest have alwaies blamed them: for although a Tragedie hath something in it more stately and heroike, and which doth make the hearts of men lesse - effeminat, yet Solon hauing seene the Tragedie of Thespis plaied, did much mislike it: Whereof Thespis excusing himselfe, said, It was but a play: No + effeminat, yet Solon having seene the Tragedie of Thespis plaied, did much mislike it: Whereof Thespis excusing himselfe, said, It was but a play: No (replyed Solon) but this play turnes to earnest. Much more had he blamed Commedies, that were then vnknowne: and now adayes they put at the end of euerie Tragedie (as poyson into meat) a comedie or jigge. And @@ -41855,16 +41854,16 @@ by nature, & for their naturall constancie lesse subiect to change; yet should they be vtterly defended to those that live towards the North, being of a sanguine complexion, light and - inconstant, hauing in a manner all the force of their soule in the imagination + inconstant, having in a manner all the force of their soule in the imagination of the common and brutall sence. But there is no hope to see playes forbidden by the magistrats, for commonly they are the first at them.

It is the proper charge of the graue and wise Censors, who will bee carefull to entertaine the honest Gimnasticall exercises, to keepe the bodie in health: and - of musike to restraine the appetites vnder the obedience of reason: I meane + of musike to restraine the appetites under the obedience of reason: I meane musike, which doth not onely signifie harmonie, but also all liberall and honest sciences;Two meanes to maintaine a citie. - hauing a speciall care, that this naturall musike be not altered, nor + having a speciall care, that this naturall musike be not altered, nor corrupted, as it is at this day, seeing there is no thing that slips more sweetly and insensibly into the interiour affections of the mind. And if we may not preuaile so much as to have the @@ -41882,7 +41881,7 @@ officers will euer regard it.

They also complaine of excesse in apparell, and that the sumptuarie lawes are - trodden vnder foot. It shall nueer be reformed, if therebee not Censors to see + trodden under foot. It shall nueer be reformed, if therebee not Censors to see the lawes executed, as in old time the Nomophylaces, or Law keepers, did in Athens. And therefore an auntient Oratour said, That the Tribune which first restrained the Censors authoritie, had ruined the @@ -41941,11 +41940,11 @@ an accuser of those that would seeke to bee restored against his censure: as Cato did against Lucius Flaminius, making an oration against his filthy and disordred life, - hauing rased him out of the register of Senators. But those that were better + having rased him out of the register of Senators. But those that were better aduised, and had some hope of restitution, sued for some office, or honorable commission from the people, the which if they obtained, they were freed from all censure of ignominie, or else they were - restored by the other Censors fiue yeares after: if hee did performe neither + restored by the other Censors five yeares after: if hee did performe neither the one nor the other, he was not admitted into the Senat: neither could a horseman recouer his horse nor his ranke. And (Vlpianus speaking of these men) doubts whether they are to be admitted as witnesses. And @@ -41969,7 +41968,7 @@ the censure of any man: the which hath bene observed vntill the councell of Constance, where it was decreed, That the Pope should be iudged by the Councell. I will not heere dispute if the ecclesiasticall iurisdiction be well - grounded; but it is to be feared, that hauing presumed so much, they are likely + grounded; but it is to be feared, that having presumed so much, they are likely to lose both iurisdiction & all ecclesiasticall censure, the which hath alwaies bene of great consequence: for euen as the auntient Diuides (who were antient Iudges and Prelats in Gaule) did excommunicat kingsCaesarin Coment▪ and princes that would not obey their decrees, euen @@ -42042,7 +42041,7 @@ not any thing. But after the edict made at Orleance, and confirmed by the Parliament, the Bishops and Auntients could not vse such censures within this realme. At Lions Mrde Moulin was much discontēted - against the consistorie, saying, That vnder colour of their censure they + against the consistorie, saying, That under colour of their censure they attempted vppon the temporall iurisdiction, and yet hee blamed it in the catholike church. But taking away suspension, interdiction, and excommunication, the ecclesiasticall censure is of no force, and by the same @@ -42112,7 +42111,7 @@ onely to free his citisens from iniuries, but also from forraine vices: But they had no sooner past their frontiers but they fell to borrowing, some of the king of Persia, as Lysander and Callicratides: some of the king of Egypt, as Agesilaus, and Cleomenes, kings of Lacedemon. - For which cause the Seigniorie of Sparta hauing soone wonne all Greece, and + For which cause the Seigniorie of Sparta having soone wonne all Greece, and gathered together a great masse of treasure, they decreed, That all the gold and siiluer which they had taken from their enemies, should be kept in the publike Treasurie, to serue them at their @@ -42120,7 +42119,7 @@ without ground or supply beeing soone wasted, they were forced to returne to borrowing to make warre (the which is not entertayned and maintayned by diet, as an auntient Captaine said) whereby their commonwealeWar - is not maintained by a diet. decaied vnder king Cleomenes. Euerie commonweale therefore must prouide to have their + is not maintained by a diet. decaied under king Cleomenes. Euerie commonweale therefore must prouide to have their treasure built of a sure and durable foundation. There are onely seuen meanes in generall for the making of a publike treasure, in the which all other are conteined. The first is, by the reuenues of the commonweale: The second, by @@ -42141,10 +42140,10 @@ Reuenues the chiefest meanes to make a treasure. Exchequer, to supply the charges of the commonweale. We read that Romulus the founder of Rome & of the Roman - commonweale, diuided all the lands into three parts; appoynting a third for the + commonweale, divided all the lands into three parts; appoynting a third for the temporall of the Church, a third for the rents of the commonweale, and the surplusage to be deuided among priuate men, the which at that time were three - thousand citisens, euerie one of the which hauing two iournies,The deuision of the lands about Rome. or acres of land: + thousand citisens, euerie one of the which having two iournies,The deuision of the lands about Rome. or acres of land: so as of eighteene thousand iournies or acres of land, lying in the territories of Rome, they reserued six thousand for the sacrifices, six thousand for the reuenues of the commonweale and intertainment of the kings house, and six @@ -42154,7 +42153,7 @@ Romulus would set no limits of the territorie of Rome, lest it should be seene what heThe first beginning of publike rents. had vsurped from his neighbours, and that his - successor Numa diuided the reuenues to poore citisens: + successor Numa divided the reuenues to poore citisens: but the first opinion is the more likely and the more common; for the deuision of two iournies or acres continued a long time, as Pliny saith, speaking to Cincinatus the Dictator, the which @@ -42176,7 +42175,7 @@ our large fields. And the oration of Marcus Curius is well knowne, noting him as a pernitious citisen that could not be contented with seuen acres. In this diuision Romulus did imitate - the Egyptians, who in old time diuided all the reuenues of Egypt into three + the Egyptians, who in old time divided all the reuenues of Egypt into three parts: The first was for the sacrifices and sacrificers; The second, to entertaine the kings house, and to defray the publike charges; And the third for the Calasiris, the which were the men of @@ -42211,7 +42210,7 @@ accustomed to sweare not to alienate the reuenues of the crowne. The which is also observed in popular & Aristocritall states: and euen at Venice the law allowes no prescription (the which many would limit to six score yeares:) nor - yet the Cantons of the Swissers: for king Henry 2 hauing + yet the Cantons of the Swissers: for king Henry 2 having requested the Siegniorie of Lucerne to ingage themselves for a certaine summe of money, Hugo the chiefe magistrat made answere unto the Ambassador, That both the Senat and Commons of Lucerne had sworne, neuer to pawne nor ingage their lands. Wee read @@ -42239,7 +42238,7 @@ Februarie, 1511, betwixt the kings proctor and the religious of S. Omer, adiudging the possession of certaine goods unto the king, allowing the religious to releeue themselves by some other meanes, and to proue it duely, by way of inquest, and for cause, - which words (and for cause) are not to bee vnderstood for the poore subiects of + which words (and for cause) are not to bee understood for the poore subiects of the countrie onely, but generally for all. And oftentimes the treaties made betwixt princes have no other difficulties, but for the preseruation of the reuenues, the which princes cannot alienate to the preiudice of the publike. Henry 8 king @@ -42274,9 +42273,9 @@ court of Parliament, and chamber of accounts; and the reason is, for that the reuenues belong unto the commonweale, as wise princes have alwaies acknowledged: & when as king Lewis the 8 died - (hauing giuen much by his testament to poore widdowes and orphans) hee + (having giuen much by his testament to poore widdowes and orphans) hee commaunded all his jewels and moueables to be sould to performe his legacies, - least that any thing belonging to the crowne should be sould, as hauing no + least that any thing belonging to the crowne should be sould, as having no interest in it. And for this cause Pertinax the Roman Emperour caused his name being written vppon the publike lands, to be rased out, saying, That it was the very inheritance of the commonweale, and not the Emperours, although they enioy the rents for the @@ -42306,7 +42305,7 @@ instant="false"/> pub. the publike reuenues Aerarium: the one being - diuided from the other by the auntient lawes, + divided from the other by the auntient lawes, the which can have no place in a popular or Aristocraticall estate. Yet there neuer wanted flatterers to persuade princes to sell the reuenues of the crowne to make a greater benefit; the which is a tyrannical opinion, and the ruine of @@ -42389,7 +42388,7 @@ reuenues of the crowne ofThe reuenues of the realme of England. Herein the Author is deceeiued. England, comprehending the land subsidies, taxes, customes, imposts, and all other charges, amount to - little more than sixscore and ten thousand pounds starling a yeare, hauing a + little more than sixscore and ten thousand pounds starling a yeare, having a good part of the temporall lands of the church annexed unto it, and yet the Queene doth maintayne her Court and the estate of her realme verie royally and redeemed the reuenues.

@@ -42440,9 +42439,9 @@ Scipio Asiaticus was accused and condemned of corruption, in a great fine, and yet he brought into the treasurie aboue two millions of gold: and Scipio the Affrican his brother, - was also included in the accusation, although he had brought aboue fiue + was also included in the accusation, although he had brought aboue five millions of gold of his conquests into the treasurie, besides the value of ten - millions and fiue hundred thousand crownes: + millions and five hundred thousand crownes: wherein king Antiochus was condemned: by meanes of the victorie they had obtayned, and yet both of them were exiled and died poore. And although that Lucullus was the first (as Plutarch saieth) that inriched himselfe with the spoyle @@ -42478,7 +42477,7 @@ obedience to our kings. And it is no maruell if they reuolt against the Spanyard vppon the first occasion, asPessimus diutur custos est metus. well as the countrey of - Flaunders hath done, hauing nothing but Garrisons there without Colonies. Yet + Flaunders hath done, having nothing but Garrisons there without Colonies. Yet wee find, that Sultan Mahumet king of the Turkes, found meanes to inrich his treasure by meanes of Christian Slaves, which hee sent in Colonies into conquered countries, giuing @@ -42498,7 +42497,7 @@ warre is defrayed without any new charge.

The kings of Castile have done in manner the like at the West Indies, and - namely the Emperour Charles 5, hauing conquered Peru, + namely the Emperour Charles 5, having conquered Peru, gaue the lands to the Captaines and Spanish souldiers by way of gift onely; and beeing dead, they returned to theThe Emperors order at Peru. Emperour, vntill that another were aduaunced in his place: @@ -42531,7 +42530,7 @@ thousand crownes to Rome in pure gift; the which the Romans refused, giuing great thanks to the king. They did the like to Hierom king of Sicile, who gaue them a crowne of gold waying 320 pound, and a Victorie of gold, with - fiue thousand bushels of wheat: but they accepted nothing but the image of + five thousand bushels of wheat: but they accepted nothing but the image of Victory as a happy presage. They shewed the same resolutions to the Ambraciotes, and to many other Princes and Seigniories, who at that time offered them great presents, although they were in extreme necessitie: so as @@ -42541,7 +42540,7 @@ take, yea oftentimes they demaunded; as the Seigniorie of the Rhodes, when their Colossus fell downe & brake some of their ships, they sent Ambassadors to kings and princesA good policie of the - Rhodiots. to beg, hauing small meanes, and it succeeded well: for + Rhodiots. to beg, having small meanes, and it succeeded well: for king Hierom sent them threescore thousand crownes in guift, and many others imitated him: yea the king of Egypt gaue them in gold the value of eighteen hundred thousand crowns, @@ -42565,7 +42564,7 @@ honorable gifts of great princes and monarchs: so was it convenient for the Romans to refuse such liberalities (and to beg it had beene infamous) and to accept, by guift or legacie, great realmes and royall successions; which they - gaue them which had raigned peacefully vnder + gaue them which had raigned peacefully under their protections, for an honest recompence of their justice, when as they died without heires males lawfully begotten. By this meanes Ptolomie king ofSix kingdomes giuen to the Romans by legacie. Cyrene, Attalus king of Asia, Eumenes king of Pergame, Nicomedes @@ -42575,7 +42574,7 @@ which beVoluntary gifts of the subiects. voluntarie, are now demaunded: and although the kings of Spaine, England and others vse intreaties to obtaine them, yet most commonly there is more force in these - requests, than in commissions and letters of commaundement. I vnderstand by the + requests, than in commissions and letters of commaundement. I understand by the word Gift, that which is liberally offered by the subiect unto his prince; as the gold which they called Coronarium, the which the Iewes gaue unto the Emperours, to be maintayned in the priuileges of their religion; and the magistrats of the @@ -42593,10 +42592,10 @@ their subiects: but Darius Histaspes (he that got the kingdome by the neying of his horse) chaunged those kinds into coynes of gold and siluer, and the gifts into tributes and necessary charges, appoynting - TreasurersThe reuenues of the realme of Persia vnder the + TreasurersThe reuenues of the realme of Persia under the first Darius. and Receyuers in euerie gouernment (which were 127 in number) to make a diuision of the taxes and subsidies, which amounted then to - foureteene thousand fiue hundred and threescore Euboique talents, the which is + foureteene thousand five hundred and threescore Euboique talents, the which is valued at ten millions one hundred fourescore and twelue thousand crownes. But this antient custome of Persia is maintayned at this present in Aethiopia, whereas the gouernours of fiftie gouernments bring unto the Negus, king of Aethiopia, the gifts and oblations ofThe custome of Aethiopia. his subiects in graine, wine, cattell, @@ -42605,12 +42604,12 @@ commissions to exact and beg of his subiects. As for successions and testamentary legacies giuen to princes by their subiects, it is at this day very rare, and yet in old time it was one of the greatest meanes whereby - princes did augment their treasures: for wee read that the Emperour Augustus hauing giuen by will the value of eleuen + princes did augment their treasures: for wee read that the Emperour Augustus having giuen by will the value of eleuen millions and two hundred thousand crownes to be distributed among the people of Rome, and the legions; he withall protested, that he left not to his heyres but three millions and seuen hundred thousand crownes, although he shewed, that he had receyued from his friends not many yeares before his death, the summe of - thirtie and fiue millions of crownes. True it + thirtie and five millions of crownes. True it is, that hee was accustomed to leaue unto the children of the Testators, the legacies and successions that were giuen him, neuer taking any thing of their testaments whom he had not knowne: wherewith Cicero @@ -42744,7 +42743,7 @@ maintaine their estates, yet loth to oppresse their subiects, have for these hundred yeares traded without reproch, and to the great inriching of their states? In the yeare 1475 they discouered the - rich mynes of gold in Guinee, vnder the conduct of Iohn + rich mynes of gold in Guinee, under the conduct of Iohn bastard ofThe traffike of the kings of Portugal Portugall; and twelue yeares after the spices of Calicut, and of the East; and continuing their course to the Indies, have so wel traffiked there, as they are @@ -42760,7 +42759,7 @@ unto the emperor Charles 5, & to giue 100000 ducats more that they might have free passage to those ilands which; the K. of Portugal would not yeld unto, making acount of the profit he draws from thence - as of an infinit treasure, besides the gaine that comes to his subiects, hauing + as of an infinit treasure, besides the gaine that comes to his subiects, having much impaired the wealth of the princes of the East, & of the Venetians, who have indured so great a losse, as of all the calamities they indured during their warres with king Lewis 12, they receiued no such @@ -42774,7 +42773,7 @@ by retayle, whome hee tearmed Sordido. As for the traffique which Princes practise vpon their Subiects, it is no traffique, but an impost or exaction: which is, to forbid them to trade, and to put his - subiects corne and wine into his receiuers handes, to pay them at an vnder + subiects corne and wine into his receiuers handes, to pay them at an under rate, and to sell it unto strangers, or to the Subiects themselves, at his owne pleasure. This was one of the reasonsThe tyrannicall and ba e traffique of king Alphonso. which made Alphonso King of Naples most odious; for that he gaue his Swine to his @@ -42786,8 +42785,8 @@ traffick. vse, there is not any more pernitious nor base, than the sale of honors, offices, and benefices, as I have formerly sayd, the which may neuer be tolerated, but in the extreame necessitie of the Common weale, as the - Venetians did, hauing spent in seuen yeres, that Lewis - 12 made war against them, fiue Millions of Duckats, whereof they had made 50000 + Venetians did, having spent in seuen yeres, that Lewis + 12 made war against them, five Millions of Duckats, whereof they had made 50000 Duckats of the sale of Offices. The like reason mou'd King Francis 1 in the yere 1527, to diuide the Ciuile from the criminall Magistrates, setting all Offices to sale to them that would giue most. The which was more sowle and dishonorable in Pope Adrian, @@ -42815,14 +42814,14 @@ Anno 1551. 1556. and after reuoked, lest the customes and imposts should bee confounded, the which might prooue preiudiciall. King Charles 5 abated the custome halfe, but afterwardes - he restored it, the which was the twentieth part of the price, or fiue in the + he restored it, the which was the twentieth part of the price, or five in the hundred, and so the ancient Romanes tooke for custome of forraine marchandize: but afterwards the Emperours exacted the eight part, the which they called Octuarium vectigal, as in our time they have demaunded the twelfe part of the price. The Emperour of Turkie takes ten of the hundred of all Marchant strangers going out of - Alexandria, and of his Subiects fiue in the hundred. But in this Realme the + Alexandria, and of his Subiects five in the hundred. But in this Realme the contrarie is practised touching the salt, for the which the stranger payes - nothing, but the duties of a Marchant, and the subiect payes fortie and fiue liures vpon the measure, contrarie to the Marchants rights. And although + nothing, but the duties of a Marchant, and the subiect payes fortie and five liures vpon the measure, contrarie to the Marchants rights. And although the Salt of France bee the best and most plentifull in all Europe, wherewith the lowe Countreys, England, and Denmarke doe store themselves, yet is it farre deerer to vs, than to them: for since that the Store houses of Salt were let out, and the officers of the Custome suppressed, the @@ -42834,7 +42833,7 @@ enriched, yea sometimes the stranger brings it againe secretly to sell in France. This priuiledge was giuen unto strangers by Francis the 1. that they might bring commodities and money into this Realme, rather than into Spaine: notwithstanding since it hath been verie - manifest, that the stranger cannot be without the Salt of France: for Charles the 5. hauing forbidden his + manifest, that the stranger cannot be without the Salt of France: for Charles the 5. having forbidden his subiects of the lowe Countreys not to fetch any Salt in France, the estates of the countrey made it knowne, that their fish (which is their greatest marchandize) grew drie, and was spoyled with the @@ -42845,7 +42844,7 @@ stranger payd but a fourth part of that which the subiect payes for the Kings rights, there would come an infinite masse of money into the Treasorie, for we often see the ships of England and the low Countreys come into France, onely - with their ballast (hauing no commodities to exchange with them) to buy salt, + with their ballast (having no commodities to exchange with them) to buy salt, wine, and corne, the which abound in this Realme, and The mynes of Fraunce are neuer wasted. will neuer @@ -42890,10 +42889,10 @@ subiects by an edict made in the yere 1563, to requite the queene of England, who had made the like three moneths before, the like edict was made in France by King Henrie the second in the yeare 1552, concerning - wools: but there was a Florentin, who hauing gotten a pasport by aA trade forbidden to the subiects, and allowed to strangers, is + wools: but there was a Florentin, who having gotten a pasport by aA trade forbidden to the subiects, and allowed to strangers, is the ruine of a countrey. courtiers means, caried away more wooll at one instant, than all other marchants had done - before in a yere; and hauing it made into cloth at Florence, hee returned it + before in a yere; and having it made into cloth at Florence, hee returned it into France, by the which he gained infinitly, the workmanship exceeding the stuffe fifteen parts: the which is a great incongruitie in matter of state and reuenewes, to forbid a traffique unto the subiect, and then giue leaue unto a @@ -42915,7 +42914,7 @@ warre, may not continue in time of peace, it is fit to proceed by way of borrowing; for that money is easilier found, when as he that lends hopes to receiue both his money againe, and thanks for his willingnesse. For when as Hannibal was in Italie, and did besiege euen Rome it - selfe, the senate hauing consumed their + selfe, the senate having consumed their treasure, would not impose new tributes vpon their subiects and confederats, (a verie daungerous thing, being then prest by the enemie) but the senators with one consent, brought their gold and siluer unto the receiuers, being followed @@ -42950,7 +42949,7 @@ might be buried with the author. There be three kinds of tributes that bee leuied of the subiect, some extraordinarie; others ordinarie; and the third which holds of both, and is called casuall: - vnder which kinds is contained as well theThree kindes of + under which kinds is contained as well theThree kindes of impositions. reuenewes that rise of iurisdictions, seales, coynes, waights, and measure, as the money that is receiued vpon things sold, of what nature soeuer, or by gifts, legacies, or successions, or by the sale of @@ -43038,7 +43037,7 @@ Consull made a law with the authoritie of the Senate, (the Armie lying at Sutrium) that such as were made free, should pay the twentieth part of all their substance into the Exchequer: with which tribute, although the citisens - were nothing oppressed, yet being vnderstood, the Tribune made a defence vpon + were nothing oppressed, yet being understood, the Tribune made a defence vpon paine of death, That no man should attempt the like without the peoples priuitie. And Augustus made the law Iulia, That whatsoeuer should come to any one by inheritance,The tribute @@ -43080,11 +43079,11 @@ States, than excessiue charges and imposts. But as the Prince must have a care not to impose any charges, but when warre doth force him, so must he take them away when he hath obtained a peace: yet must they not runne from one extreame - unto another, and abolish all imposts and taxes, hauing neither lands nor + unto another, and abolish all imposts and taxes, having neither lands nor reuenewes to maintaine the Common weale; as Nero All Impositions are not to be abolished. the Emperour - would have done, who hauing wasted all the treasure, sought to abolish the + would have done, who having wasted all the treasure, sought to abolish the tributes, whereof the Senate being aduertised, they thanked him for his good will to the people, yet they dissuaded him from doing it, saying it would be the ruine of the Commonweale. Many seditious citisens, and desirous of @@ -43096,7 +43095,7 @@ account should be made of the treasure wasted: but to take away all impositions before that the reuenewes bee redeemed and the debts payd; it were not to repaire, but to ruine the state. And most of these men which seeme to - vnderstand the affaires of state so well, are greatly abused with an old + understand the affaires of state so well, are greatly abused with an old inueterate opinion, that all charges and imposts must be reduced to that proportion that they were in the time of king Lewis the 12, and consider not that since that time @@ -43139,12 +43138,12 @@ reason the rents of Farmes have, risen; for he that had but ten pounds a yeere rent, hath now a thousand of the same fruits he then gathered: wherein they are greatly abused that would reduce the prices of corne and victuals to the - antient orders. We must then conclude, that the account of the reuenewes vnder + antient orders. We must then conclude, that the account of the reuenewes under king Charles the 6 in the yere 1449, which came but to fortie thousand pounds starling; was not - much lesse (inThe Reuenewes of France vnder Charles 6. & + much lesse (inThe Reuenewes of France under Charles 6. & 9. regard of the value of things) than the reuenewes of fourteen hundred thousand pounds starling, the same yeare that Charles the ninth died, in the yeare oneThe Lord of - Ieinuisle in the life of Lewis. 9. thousand, fiue hundred▪ seuentie + Ieinuisle in the life of Lewis. 9. thousand, five hundred▪ seuentie & foure; and yet the people complained at both times that they were oppressed with tributes. And the ransom which king Lewis the 9 paid to the sultan of Egypt of fiftie thousand pounds starling, was not @@ -43158,15 +43157,15 @@ to Philip, not to be lesse, than that of ten thousand pounds starling yearely, that was giuen first to Henrie, and then to Frauncis dukes of Aniou from king Charles the 9 their brother. And much more honourable - might they live with that pencion, which I made mention of vnder Philip, than with that which Charles the 9 gaue unto his brethren. Nor the Dowries of 400000 + might they live with that pencion, which I made mention of under Philip, than with that which Charles the 9 gaue unto his brethren. Nor the Dowries of 400000 crownes assigned to euerie one of the daughters of king Henrie the 2, were not so great as those of sixtie thousand crownes assigned to the daughters of France by the law of king Charles the 5. The like may be spoken of other people, as in old time in the East, so at this present in the West. For we read in Strabo, that Ptolomie the piper, the last king of Egypt of that - race, did raise vpponThe reuenewes of Egypt vnder - Ptolomie. the countrey of Egypt the value of seuen millions, and fiue + race, did raise vpponThe reuenewes of Egypt under + Ptolomie. the countrey of Egypt the value of seuen millions, and five hundred thousand crownes a yeare, and sultan Solyman did leuie but a hundred thousand ducats of the same countrey, as appeared by an extract of the reuenewes made by Gritty a Venetian, in @@ -43190,7 +43189,7 @@ the lowe Countreys, than the reuenewes of England were esteemed in those daies. Some one not long since, (seeking to perswade Charles the ninth to encrease his taxes) did pernitiously maintaine in open counsell, that Cosme duke of Florence did raise out of his estate six millions, - hauingThe reuenewes of the DuThe reuenewes of the Due of Florence. but a small territorie: the which was false, for hee receiued out of the estate of Florence, but twelue hundred thousand crownes, @@ -43242,7 +43241,7 @@ and when as apostume is so swolne as the weaker part can endure no more, then must it breake or infect all the members: euen so it fals out when as the rich cities, the nobilitie and the clergie, lay all the charge vpon the poore - labourer, he sinks vnder his burthen like unto Aesops + labourer, he sinks under his burthen like unto Aesops Asse, and the horse which would carrie nothing; that is to say, the nobilitie and the clergie, are forced some to carrie the tenths and extraordinarie subsidies, others to sell their goods, to make @@ -43354,7 +43353,7 @@ punishment of his rashnesse: but the Romaines tooke the tenth part in all ciuile causes, and the fift in criminall, as Pompeius Festus doth witnesse: yet Marcus Varro writes, - that either of the parties did lay downe fiue hundred asses, which coms to + that either of the parties did lay downe five hundred asses, which coms to about 10 shillings of four mony; and he which won, recouered his money which he had consigned, and this was besides the thing for which they contended, the which was called Sponsio & @@ -43396,11 +43395,11 @@ deceit. He supposed that France was two hundred leagues long from Bologne to Marseilles, and as much from Mont S. Bernard, to S. Iohn de Luz; and by this he concluded that France had fortie thousand leagues in square, and - that euerie league contained fiue thousand acres of ground, which amounted to + that euerie league contained five thousand acres of ground, which amounted to two hundred millions of acres, of the which he abated the one halfe for waters, waies and wast land, and of the rest hee would have the king take a soulz for an acre, theA soulz is not a pennie farthing. which - amounts to fiue millions: then he made an estimate of six hundred thousand + amounts to five millions: then he made an estimate of six hundred thousand townes and villages, and in them twentie millions of fiers, of the which he would have the king take six pence of euerie fier, which comes to six millions @@ -43421,7 +43420,7 @@ drawne out of the chamber of accounts, and brought to Blois to the estates, there were found to be twentie seuen thousandIn France there are but 27400 parishes. and foure hundred parishes in France, taking - the greatest towne but for one parish, and the smalest villages hauing a parish + the greatest towne but for one parish, and the smalest villages having a parish for another: and in truth the number of parishes taken by king Henrie the second in the yeare 1554, came but to 24824 parishes, besides Bourgogne & Poictou, and the impost of three pounds starling vpon euerie parish, came but to threescore and fourteen thousand foure @@ -43447,17 +43446,17 @@ withall, when she comes to the age of eighteene yeare; but if she dies before, then doth it accrue unto the mount, vnlesse the father hath other daughters, to whom the portion shall come successiuely. Another mount of pietie is, for the - lending of money to poore men at fiue in the + lending of money to poore men at five in the hundred, giuing a sufficient pawne, and not aboue ten crownes; if the debter paies not his ten crownes at the time prefixt, the pawne is sold to him that wil giue most, and the surplusage delivered unto the debtor: this is done to preuent excessiue vsuries, (wherewith the poore in those countreys are ruined) - and the seazure and selling of moouables at an vnder price.

+ and the seazure and selling of moouables at an under price.

Notwithstanding I find that the emperour Antonine surnamed the Pius or godly, inuented a better mount of pietie, which was to deliver out the money that came - cleere into the treasurie, all charges paid for fiue in the hundred vpon + cleere into the treasurie, all charges paid for five in the hundred vpon A commendable institution made by Antoninus Pius. @@ -43491,13 +43490,13 @@ not onely princes,The ruine of princes is to take vp at interest. but also lords and Commonweales, some more, some lesse: those which have been held the most frugall, as the Venetians, borrow alwaies - at fiue in the hundred, without any hope to recouer the principall, or at + at five in the hundred, without any hope to recouer the principall, or at foureteene in the hunded, so long as the creditor shall live. The colledge of - Saint George at Genes takes money of all men at fiue in + Saint George at Genes takes money of all men at five in the hundred, and delivers it out againe at the highest interest to princes and marchants; whereby they are so enriched, as they have redeemed the Isle of Corsica, and the lands of the Commonweale. - Priuate men had rather take fiue in the hundred of the colledge, to bee assured + Priuate men had rather take five in the hundred of the colledge, to bee assured of their principall, than much more of priuate men, who oftentimes become Bankerupts: the Venetians have alwaies lost, and shall loose, so long as they shall take eight in the hundred or more: or else they must abate their @@ -43518,8 +43517,8 @@ thousand crowns which he had in his coffers, & to get all the interest he could. Letters patents being granted, at the opening of the bank, every man came running from France, Germanie and Italie, so as king Frauncis the first, when he died, was found indebted to the banke of - Lion, fiue hundred thousand crowns, the which he had - in his coffers and sometimes more, and a peace concluded with all the princes of the earth. But the raigne of Henrie his sonne grew most lamentable, for hauing wasted + Lion, five hundred thousand crowns, the which he had + in his coffers and sometimes more, and a peace concluded with all the princes of the earth. But the raigne of Henrie his sonne grew most lamentable, for having wasted his fathers treasure, and standing in need of money in the yeare 1554 borrowed at ten, twelue, and sixteene in the hundred, of the Caponyes, Albicis, and the Foucquers of Germanie, and when he was not able to pay the interest, he @@ -43541,10 +43540,10 @@ Lion, were much altered, and not onely the Signiories of the Cantons, the princes of Germanie and others had their parts there but also Bashas & marchants of Turkie were there in their Factors - names for aboue fiue hundred thousand crowns;The Bashas of + names for aboue five hundred thousand crowns;The Bashas of Turquie had money at interestin the bank at Lion. and nothing did more with hold the great Turke from succoring of the French in their last - voyage of Naples, vnder the duke of Guise, than the not paying of foure + voyage of Naples, under the duke of Guise, than the not paying of foure thousand crownes for interest to Rustan Basha, besides the ten thousand which la Vigne the ambassador carried him in the yeare 1556, fearing to loose his principall, as I have learned by @@ -43552,7 +43551,7 @@ buy rents for a certaine summe of money, but would have the interest pure and simple, and vppon condition that they should have their principall againe: as many Italians doe with priuate men, to whom they lend their moneyThe policie of Italian vsurers. - simply hauing them bound both bodie and goods, without making any mention of + simply having them bound both bodie and goods, without making any mention of interest, and yet by a verball agreement, they promise sixteene or twenty in the hundred; if he faile to pay the interest, they seaze vppon bodie and goods for the principall: and although the interest be paid, if they have need of @@ -43590,11 +43589,11 @@ yeare 1560, king Frauncis the second, successor to Henrie, did owe two millions three hundred twelue thousand six hundred and ten liures, eighteen soulz six deniers, of money lent freely, for the which he paid no interest: and fifteene millions nine hundred - twentie six thousand fiue hundred fiftie and fiue liures, 12 soulz and 8 + twentie six thousand five hundred fiftie and five liures, 12 soulz and 8 deniers, for the which he paid interest: and he ought more for arrerages seuen hundred threescore and fifteene thousand, nine hundred threescore and nineteene liures, foure soulz, and foure deniers: besides the debt of Ferrara, and other debts for marriages, which came to eight millions - fiue hundred and fourteen thousand fiue hundred fourescore and twelue liures, + five hundred and fourteen thousand five hundred fourescore and twelue liures, eighteene soulz and eleuen deniers: and other remainders due, to the summe of fifteene hundred threescore and foure thousand, seuen hundred fourescore and seuen liures, two soulz, and six deniers: so as by @@ -43627,7 +43626,7 @@ the French: and least they should be molested and drawn in question of theft, they have gotten an euocation of all their causes to the priuie councell. The originall of all these miseries growes from Frauncis the first, who - began to take vp money at intrest, hauing 1800000 crowns in his coffers, and + began to take vp money at intrest, having 1800000 crowns in his coffers, and peace within his realme: no well aduised prince will euer take that course, for thereby hee shall ruine the foundation of his treasure, if he will keepe his faith and pay; but if he will not, or cannot pay, then must he breake and loose @@ -43664,13 +43663,13 @@ into it, we shall not find any prince, state, or family that hath flourished more in riches, honours, and all happinesse, than those which had most care of the poore and needie. In old time there were - no princes vnder heauen more charitable than our kings of Fraunce, since Robert sonne to Hugh Capet, who + no princes under heauen more charitable than our kings of Fraunce, since Robert sonne to Hugh Capet, who gaue the first example to his subiects and successors to be charitable to the poore, feeding aThe charity of the kings of Fraunce to the poore. thousand daily, giuing them horses to follow the court, to blesse him and pray for him; and to speake truly, there was neuer king in this realme that raigned longer and in greater peace. We may iustly say of our - kings, that there is no race vnder heauen that hath so entertained the greatnes + kings, that there is no race under heauen that hath so entertained the greatnes of their maiestie in armes and laws, and out of the which there hath issued more princes▪ or that have raigned longer without offence to all other princes, Christians, Turks, Tartars, Persians, @@ -43680,12 +43679,12 @@ score poore folks, and in Lent twelue score, feeding them with meat from his owne table? he also lived in great honor, being feared of his enemies, reuerenced of his friends, honored of his subiects: and after that he had - raigned 44 yeres, he left fiue sonnes, and foure daughters, and a kingdome + raigned 44 yeres, he left five sonnes, and foure daughters, and a kingdome flourishing in armes and laws to his successor, recommending unto him aboue all things to be deuout to God, and charitable to the poore. Neither may we forget Iames the fift king of Scotland, who was called Rex egentium, The king of the needie; who as he exceeded all the princes of his time in bountie, so did he surmount all his predecessors in riches. And contrariwise we see great families, states, realmes, and empires - come to pouertie and ruine, hauing contemned the poore, and abandoned the + come to pouertie and ruine, having contemned the poore, and abandoned the subiect to the spoile of the soldior, and the thefts of toll-gatherers: when as king Henrie the second in the yeare 1549, did exact that extraordinarie tribute which they called Taillon, he @@ -43700,7 +43699,7 @@ whereby the poore countreyman hath ben doubly oppressed, for they pay, and are spoiled of all sides. And yet with all these charges, they would hold themselves happy, if they might bee freed in prouiding corne and victuals for - the souldiors at an vnder▪rate, what may then bee hoped for in those cities + the souldiors at an under▪rate, what may then bee hoped for in those cities whereas the souldiers robbe and spoile the poore subiects with all impunitie,The souldior must be payd to preuent all thefts and insolencies. and insult more ouer the citizens than against the @@ -43734,14 +43733,14 @@ few commaunders: vnlesse the multitude being employed in the publicke works, may make some gaine, and not to inure them to the distribution of corne and money, as they vsually did in Popular states, and especially the Tarentins: the - which is not only the ruine of the treasure, but likewise of the citie. So Pericles was also blamed, hauing + which is not only the ruine of the treasure, but likewise of the citie. So Pericles was also blamed, having first accustomed the Atheniens to these distributions: the which he did to gaine the peoples fauor. But when he was once master of them, he emploied the publicke treasure, not only to fortifie the citie, but also to beautifie it, and to fill it withAn infinit treasure in the citie of Athens. good artificers: yet durst hee not attempt this before the citie was in peace and their treasure full, - hauing then a hundred thousand tallents; that is to say, threescore millions of + having then a hundred thousand tallents; that is to say, threescore millions of crownes, if we may beleeue Demosthenes: which summe becauseDemosthenes in . it @@ -43777,7 +43776,7 @@ have in like sort emploied their treasure, & giuen the subiects example to imitate them: as Augustus, who did iustly vant, That he had found Rome built with bricke, but that he had left it built with marble: - and in truth he employed foure millions and fiue hundred thousand crownes in + and in truth he employed foure millions and five hundred thousand crownes in building of the Capitoll alone: he was followed by the emperour Vespasian, who made great and excellent workes throughout the whole empire, rather to entertaine the meaner sort, than for any other end: for when as an excellent workeman promised him to set vp pillers in the @@ -43819,8 +43818,8 @@ The strange prodgalitie of Nero and Caligula. for the first, in fifteen yeares that hee raigned, had - giuen away the value of fiftie and fiue millions of crownes: and the last, in - one yere had wasted threescore and seuen millions, so as hauing not where + giuen away the value of fiftie and five millions of crownes: and the last, in + one yere had wasted threescore and seuen millions, so as having not where withall to deay his houshold charges, he was forced to beg the offrings in his owne person: then falling to prescriptions of priuate men, after that he had wasted @@ -43859,7 +43858,7 @@ in matters of state: for a briefe note of affaires shall put him in mind of that which he hath to do, and of all enterprises, the which oftentimes remaine imperfect and ill executed through forgetfulnesse. There is no better example hereof, than that of king Lewis the eleuenth, who was held one of the most - politicke princes of his age, yet hee ran willingly into the snare of Charles earle of Carolois, hauing forgotten that hee had + politicke princes of his age, yet hee ran willingly into the snare of Charles earle of Carolois, having forgotten that hee had sent his ambassadors into the countrey of Liege, to stirre them to warre against him: the earle aduertised hereof, detained him prisoner: the which had not happened, if he had kept a register of his former actions. If any @@ -43882,8 +43881,8 @@ yeares.

The empire of Persia was greater than that of the Romaines, stretching from the - farthest bounds of India, unto Hellespont, and the desert of Libia, hauing - vnder it 127 Prouinces, and yet the kings of Persia carried with them + farthest bounds of India, unto Hellespont, and the desert of Libia, having + under it 127 Prouinces, and yet the kings of Persia carried with them continually a register of their affaires of state and of their gifts: and when as Darius Longuemain had escaped the conspirators hands, by the aduertisement which Mardocheus @@ -43913,7 +43912,7 @@ chamber of accounts. The first law was soone taken away by another, saying, That it was sufficient by the Letters of gift, if it were derogated from the first decree. And as for the law made by Charles the eight, it is - out of practise, vnder color of secret gifts and pentions, the which must not + out of practise, under color of secret gifts and pentions, the which must not be knowne: so as the antient laws (decreeing, that the articles set downe in the chapter of expences, shall not bee allowed without an order, a commaundement, and a discharge) are now of little or no force in that respect: @@ -44024,12 +44023,12 @@ priest and king of the Iewes, Hircanus, found great treasures in Dauids sepulchre. But seeing there are no sepulchres so religious, no temples - so holy, that theeves will not force and enter: therefore the kings of Morocco hauing moulten a great quantitie of gould in + so holy, that theeves will not force and enter: therefore the kings of Morocco having moulten a great quantitie of gould in forme of a bowle, pierced through with a barre of yron, they did hang it on the toppe of the pinnacle of the great Church at Marocco. The antient Egyptians fearing to giue occasion to their neighbours and enemies to inuade their estate, and make warre against them for their treasure (as they - did to king Ezechias, hauing shewed his treasures to the + did to king Ezechias, having shewed his treasures to the ambassadors of the king of Assiria) employed it for the most partIsaie 30. @@ -44063,17 +44062,17 @@ not seeme great; if it be referred to six ounces, it will comprehend fiftie thousand pound waight of gold, and ten times as much in siluer: but if it be valued by the Attike tallent, the wealth of the Romanes neuer came nere it; as - we may see by an extract out of the treasury vnder the empire of Traian, at which time it was at the greatest; for the + we may see by an extract out of the treasury under the empire of Traian, at which time it was at the greatest; for the whole sum of their treasure (the which was kept in Egypt) came but to 74 thousand tallents, the which amountsThe treasure of the Romaines. to 44 millions, and foure hundred thousand crownes; vnlesse they had another treasurie at Rome, as it is likely, (although it appeare not - by the extract) hauing 200000 foot, and 40000 + by the extract) having 200000 foot, and 40000 horse in garrisons on the frontiers of the empire and in the prouinces entertained: three hundred Elephants for the warre, two thousand chariots for warre, and munition to arme 00000 men, fifteen - hundred galleys of three and fiue owers on a side, besides two thousand vessels + hundred galleys of three and five owers on a side, besides two thousand vessels for the sea, and furniture to arme and rigge twise as many, with fourescore great ships stately adorned.

@@ -44090,7 +44089,7 @@ although that in his time the ayds and custome of 8 shillings vppon euerie fire were laid vpon the subiects: and his successor fortie yeares after did leuie but 45000 pounds starling: and Charles the seuenth, the yeare that he - The reuenews of Fraunce vnder Charles the 5, 6, 7, Lewis the + The reuenews of Fraunce under Charles the 5, 6, 7, Lewis the 11, and Charles the 8. died, receiued for all charges and reuenews, but 170000 pounds starling, as it appeares plainly in the chamber of accounts, & yet had he imposed the tax in forme of an ordinarie impost, the which at @@ -44107,7 +44106,7 @@ charge. Yet there was great hope to free the king out of debt, and to take away the subsidies & extraordinary charges, (if the realme had not ben plunged in ciuile warre) considering the good order was taken the first yeare: for the - interest was moderated to fiue in the hundred, all officers wages for that + interest was moderated to five in the hundred, all officers wages for that yeare were diminished and halfe taken awaie, and the confirmation of offices graunted them freely. And as for the expences, all was so well ordred, as by the accounts of that yere, there came into the kings coffers 230577 pounds @@ -44118,7 +44117,7 @@ dignity of his house, by cutting off his ordinary traine and houshold seruants, the which oftentimes doth cause strangers to contemne him, and his subiects to rebell against him: as it chanced unto Lewis the - eleuenth, who hauing put the nobilitie from him & discharged the gentlemen + eleuenth, who having put the nobilitie from him & discharged the gentlemen of his house, vsed his taylor for an herald at armes, his barbar for an ambassador, and his Phisition for chancellor, (as Antiochus king of Syria did his phisitian Apolophanes, whom he made president of his counsell) & in mockerie of other kings, he ware a greasie hat, and very course cloth in his apparell: @@ -44132,7 +44131,7 @@ estates of Orleans, to reduce them to the antient number, as they were in the time of king Lewis the twelfe, by suppression without any disbursement. But there were some good husbands which gaue them afterwards - to vnderstand, that the suppression of offices was a decrease of parties + to understand, that the suppression of offices was a decrease of parties casuall, wherby the number was afterwards much augmented: And Balley president of the accounts told the king boldly and plainly, being at S. Maur desfosses, that the suppression of those officers which had been created by the @@ -44215,7 +44214,7 @@ the Commonweale; for the kings treasure will still decrease when it passeth through the hands of so many officers. These were the complaints and expostulations which the estates of France made unto - king Charles the 6 in the yeare 1412, for that he had fiue Treasorers, and that in old time there + king Charles the 6 in the yeare 1412, for that he had five Treasorers, and that in old time there were but two: and that in like sort there were but three Iudges of the reuenues in the yeare 1372, and now there are almost three hundred within this realme. And in the yeare 1360 there was but one Receiuer generall, who did reside at @@ -44242,7 +44241,7 @@ Treasor, the one in Asia, and the other in Europe, who deliver it to the great Comptroller, and he giues it to Casmander Baschi, great maister of the treasor, who hath ten - commanders or deputies vnder him for extraordinarie payments, there is but one + commanders or deputies under him for extraordinarie payments, there is but one treasorer, and for all officers of accompts, there are but 25 Comptrollers which examine the accoumpts. One thing is worthie obseruation, that they have no treasorers nor receiuers but Eunukes, after the Persian and old Grecian @@ -44288,7 +44287,7 @@

LOoking well into the best grounds, and strongest - supports of a Commonweale; in my opinion, hee must exactly vnderstand this + supports of a Commonweale; in my opinion, hee must exactly understand this point, that will wisely settle an estate, or reforme the abuses: for that there is nothing that doth more trouble and afflict the poore people, than to falsifie the Coines, and to alter the course thereof: for both rich, and poore, @@ -44331,7 +44330,7 @@ it is not sufficient to make such protestations, vnlesse the value and waight of money be ordred as it ought, to the end that neither prince nor subiect may falsifie it if they would, the which they - will alwayes do, hauing the meanes, what punishment soeuer be inflicted. The + will alwayes do, having the meanes, what punishment soeuer be inflicted. The ground of all these counterfet coyners, washers, clippers, and boylers of money, growes by the mixtures which are made of mettals, for one mettall being pure and simple cannot be supposed for another, differing by nature in colour, @@ -44371,12 +44370,12 @@ goldsmith in the world so cunning that can precisely iudge by the touchstone how much siluer or copper is mixt with gold, if the allaie be not of one pure mettall. And although that goldsmiths and iewellers have falsly complained that - they cannot worke in gold vnder two and twentie Carrats without losse, or in + they cannot worke in gold under two and twentie Carrats without losse, or in fine gold aboue 23 Carrats and three quarters, according to the decree of king Francis the first published in the yeare 1511: yet notwithstanding all good orders they make worke at twentie, yea oftentimes at nineteene Carrats, so as in twentie foure - marks there is fiue marks of copper or siluer, the which in time is made into + marks there is five marks of copper or siluer, the which in time is made into base money by those which vse to counterfe. It is therefore necessarie to obserue the same proportion and mixture in gold that is @@ -44441,7 +44440,7 @@ the Soulz shall be of three Deniers weight of the kings siluer (as it is said) and of sixtie three to the Marke: so foure shall be worth a Liure, as it hath gone heretofore, the which is the iustest price that can be giuen: and every - peece may be diuided into three, so as every one shall weigh a Denier, and + peece may be divided into three, so as every one shall weigh a Denier, and shall goe for foure small Deniers or Pence, and shall be called a common Denier, to the end the Soulz may alwayes be worth twelue Deniers: & that the complaints of the lords for their rents and rights, beeing vsually paid in @@ -44469,8 +44468,8 @@

-

True it is, that the auntient Romans hauing their ounce equall with the Greeks, - that is to say, of 576 graines, they diuided it into seuen Deniers of their +

True it is, that the auntient Romans having their ounce equall with the Greeks, + that is to say, of 576 graines, they divided it into seuen Deniers of their money, and their Denier was in value an Atticque Drachma, or groat, & three seuen parts more. WherinDrachma Attica seuen pence starling. @@ -44503,8 +44502,8 @@ abate the price; as they do oftner than there are monethes, either at the peoples pleasure, or of those that have authoritie and credit with princes, who borrow all the money they can, and then they raise the price of money: so as - one hauing borrowed an hundred thousand crownes, raised it suddenly six pence - in the crowne, whereby he gained two thousand and fiue hundred pounds starling. + one having borrowed an hundred thousand crownes, raised it suddenly six pence + in the crowne, whereby he gained two thousand and five hundred pounds starling. Another abated the course of money in March, and raised it againe in Aprill, after he had receiued the quarters rent. By this meanes also you shall cut off all falsifying and counterfeiting of coines, @@ -44566,23 +44565,23 @@ treatie made betwixt the Aetolians and Romans, it was said, That the Aetolians should pay for ten pounds of siluer one pound of gold: and yet by a law made by Constantine, the pound of gold is esteemed at 41 - pound⅖: for he would have them pay fiue Soulz of gold for one pound of siluer, - making seuentie two Soulz of gold in a pound; so as fiue Soulz is iust the + pound⅖: for he would have them pay five Soulz of gold for one pound of siluer, + making seuentie two Soulz of gold in a pound; so as five Soulz is iust the fourteenth part of a pound, and two fifts more: and now the price is twelue for one, or little lesse. True it is, that heretofore the 18. lib. 10. sh. Marke of pure - gold was esteemed one hundred eightie fiue Liures; and the 31. sh. 6. d. starling. Marke of siluer fifteene Liures + gold was esteemed one hundred eightie five Liures; and the 31. sh. 6. d. starling. Marke of siluer fifteene Liures fifteene Soulz Tournois: so as for one Marke of pure gold vnwrought, they must - have eleuen Markes, fiue ounces, twentie three Deniers, and fiue graines, of + have eleuen Markes, five ounces, twentie three Deniers, and five graines, of the kings siluer vnwrought. Towards the North, where there are many mynes of siluer, and few of gold, gold is somewhat deerer. The pope of Rome more greedie of gold than of siluer, did value the Marke of gold at 12 Markes and foure fifts of siluer: the which is at this present the price of gold and siluer, and - was almost two thousand fiue hundred yeares since. For wee read in Herodotus, + was almost two thousand five hundred yeares since. For wee read in Herodotus, that the pound of gold was valued at thirteene pounds of siluer: and the Hebrewes in their Pandects, - set a Denier of gold for fiue and twentie of siluer, the coines of gold being + set a Denier of gold for five and twentie of siluer, the coines of gold being double to them of siluer; which were twelue and a halfe for one. Wee read also, that in the time of the Persians, & when as the Commonweals of Greece did flourish, that an ounce of gold was worth a pound of siluer: for Stater Doricus of the weight of an ounce, was valued at a @@ -44591,7 +44590,7 @@ hee commended the iustice of the Romans; as wee read in Plini. Whereby we may coniecture, that the price of these two mettals holds in a manner throughout all Europe, after - the auntient estimation. But the value of gold was raised vnder the last + the auntient estimation. But the value of gold was raised under the last emperours, by reason of the spoyle therof which had bene made for the guilding of things: as Nero his great pallace all guilt, the which had galleries of one thousand paces @@ -44603,7 +44602,7 @@ beds, bookes, yea and their bridles guilt, argues the madnesse of frantike men: the which if the prince doth not punish very seuerely, the price of gold must of necessitie rise: whereof our nation did vehemently complaine unto the - prince, at the estates held at Blois. Moreouer siluer hauing no hold, is little + prince, at the estates held at Blois. Moreouer siluer having no hold, is little imployed to siluer withall: besides, the mynes of the North yeeld great store of siluer, & no gold: yet the alteration of price which is made, in processe of time is insensible, which can be no let but @@ -44635,12 +44634,12 @@ which was strong and good, so as the Marke of siluer was set at eight 16. . Liures: but in the yeare 1453, e caused Soulzes to be coined of fiue + instant="false"/>e caused Soulzes to be coined of five Deniers of Aloie, and since they have still decreased: so as king Francis the first, in the yeare 1540, caused some to bee coyned of three Deniers of sixteene graines: king Henry at three Deniers and twelue graines: so as the auntient Soulz of the kings siluer was worth almost foure: and king Charles the ninth brought it to three Deniers, the estimation still continuing alike: for that the price of the - crowne did arise. And in the yeare 1577, vnder king Henry the third, they decrease almost halfe in weight, and a fourth + crowne did arise. And in the yeare 1577, under king Henry the third, they decrease almost halfe in weight, and a fourth part in goodnesse, from those of Francis the first. Other princes have done no better; for the Crutzer of Germany, which in old time was siluer at eleuen Deniers & foure graines, is now at foure Deniers @@ -44648,7 +44647,7 @@ Deniers, that is halfe siluer, and halfe copper. The Scheslind, the Rape, the Denier of Strausbourg, at foure Deniers and twelue graines: the Rapephening at foure Deniers three graines, and the Florines of siluer at eleuen Deniers foure - graines: as also the peeces bee of fiue and of + graines: as also the peeces bee of five and of ten Crutzers, the Soulz of Flanders or Patars, whereof twentie are worth twentie and foure of ours, are but three Deniers and eighteene graines of Aloie, and more than two third parts is copper: the peece of foure Patars is at @@ -44672,12 +44671,12 @@ Italie, but differs in his Marke, which makes the value of their coines so diuers, being so different in their weight & standard: the which troubles the poore people much, who loose greatly by - exchange, and generally they which vnderstand not the poier, as they say, or + exchange, and generally they which understand not the poier, as they say, or the difference, as the Banquers speake: that is the value of money of exchange from one place to another. And therefore they say of a man that is well - practised in affairs, That he vnderstands the poier, as a matter of hard + practised in affairs, That he understands the poier, as a matter of hard conceit. For they have made the matter of coines so obscure, by reason of their - mixtures, as for the most part they vnderstand nothing therein. For euen as + mixtures, as for the most part they understand nothing therein. For euen as artisans, marchants, and every one in his facultie, disguiseth oftentimes his worke: and as many Physitians speake Latine before women, vsing Greeke caracters, and Arabike words, and Latine words abridged, yea some times they @@ -44689,10 +44688,10 @@ blankes is halfe copper, they say it is siluer of six deniers fine, two deniers of weight, and fifteene deniers of course, giuing to deniers and carats, the essence, qualitie, and quantity, of gold and siluer against, nature. And in - stead of saying, the Marke hath threescore peeces, they say, it is of fiue + stead of saying, the Marke hath threescore peeces, they say, it is of five Soulz currant. Againe they make some coines certaine or stable, some vncertaine and variable, and the third imaginarie, when as nothing can bee called firme in - matters of coine, hauing so diminished the weight, and impaired the bountie of + matters of coine, having so diminished the weight, and impaired the bountie of the gold and siluer. For the Ducat which goes currant at Venice, Rome, Naples, Palermo, and Messna, is an imaginarie coyne; it was in old time the same peece of gold weighing an Angell, or else a Medin of @@ -44706,7 +44705,7 @@ pound at twelue ounces, the which hath long time bene currant; as it appeareth by the lawes among the Grecians, Germans, English, French, and Burguignons, and it is nothing els but our French Crowne of the Sunne. But our Mynt-maisters - hauing not well vnderstood the word Solidus, have within these fiftie yeares set the Sunne + having not well understood the word Solidus, have within these fiftie yeares set the Sunne vppon it, tearming it erroneously Aureum Solarem: but the common people retaining their old speech, call it yet the Crowne Sold, of Solidus; the which in old time weighted four deniers, @@ -44725,10 +44724,10 @@ for the old Crownes were of twentie three and three quarters of a Carat, and the Crownes with the Crowne at twentie three Carats. Afterwards king Francis the first correcting somewhat the Crowne with a Crowne, caused the Crowne Sold to be coined at two deniers and sixteene - graines, and of the same goodnesse with the other, hauing an eight part of + graines, and of the same goodnesse with the other, having an eight part of Aloie put to it: the which continued unto king Henrie, who added foure grains of weight unto it: and by Charles - the ninth it was diminished fiue graines, in the yeare 1561. But the old + the ninth it was diminished five graines, in the yeare 1561. But the old Crownes, or Ducats of Venice, Genes, Florence, Sienna, Castile, Portugall, and Hongarie, have kept twentie three Carats three quarters, and two deniers, and eighteene graines of weight, vntill the yeare 1540, that the emperour Charles the fift impaired @@ -44737,14 +44736,14 @@ two deniers fifteene graines of weight. The Crownes of Castile, Valencia, and Arragon, the which they call Pistolets, giuing an ill example to other princes to do the like: as the princes of Italie did, who have caused some to be made - at twentie two Carats & vnder, weighing two deniers and sixteene grains, as + at twentie two Carats & under, weighing two deniers and sixteene grains, as be the Crownes of Rome, Luques, Bologne, Salusses, Genes, Sienna, Sicile, Milan, Ancona, Mantoue, Ferrara, Florence, and the new Crownes of Venice. True it is, that Pope Paul the third, began to make Crownes to be coined in his name at twentie one Carats and a halfe, and two deniers, and foureteene graines of weight; and - those of Auignon, which were made at the same time vnder the name of Alexander Farneze legat and the Popes nephew, are baser, - and fiue deniers lighter in weight; the which brings an infinit losse to the + those of Auignon, which were made at the same time under the name of Alexander Farneze legat and the Popes nephew, are baser, + and five deniers lighter in weight; the which brings an infinit losse to the subiect, and benefit to counterfeit coyners, myntmen, and marchants, which draw the good money out of the countrey, and coine baser in another place. The which is more ordinarie in siluer coine of high value, and aboue eleuen deniers pure, @@ -44755,16 +44754,16 @@ six hundred and fiftie pounds, nothing impairing the goodnesse of the Teston of Fraunce, which holds ten deniers 17 grains of fine. And by the same meanes the Swissers which conuerted the testons of France into testons of Soleure, - Lucerne, and Vnderuall, gained vpon every marke one and fortie4. sh. 2. d. ob. soulz and eleuen deniers tournois: and - for those of Lucerne, Soleure, and Vnderuall, were but of nine deniers and + Lucerne, and underuall, gained vpon every marke one and fortie4. sh. 2. d. ob. soulz and eleuen deniers tournois: and + for those of Lucerne, Soleure, and underuall, were but of nine deniers and eighteene graines, which is in the whole marke 23 graines of pure siluer lesse then those of France, the which were worth 25 soulz tournois. And as for the - waight, those of France are at the least of 25 testons, and fiue eight parts of + waight, those of France are at the least of 25 testons, and five eight parts of a teston to the marke, so as the testons of Soleure, are lighter in waight three eight parts of a teston in the marke, the which was worth foure soulz three deniers tournois. And for that the testons of Soleure & Lucerne cannot be valued but for siluer of base aloye, - the which they call Billon, being vnder ten deniers of fie siluer, after the estimation ofBillon. fourteene liures seuenteene soulz foure deniers tournois, the marke of pure siluer, and the testons of France for that they were aboue ten deniers of fine siluer were valued for siluer of high aloye, the which are @@ -44789,22 +44788,22 @@ which they vse, mocking the lawes which are made vpon the price of the marke of gold and siluer, setting what price they please vpon their works, so as it is alwaies sold at a higher rate by the goldsmith then the lawes do allow, siluer - by fortie and fiue soulz, and gold at twelue or thirteene liures vpon the + by fortie and five soulz, and gold at twelue or thirteene liures vpon the marke, so as gold and siluer is bought dearer from the goldsmith and marchant, then from the mint master, who cannot exceed the kings lawes, neither in buying of stuffes nor in coyning. And as soone as the gold or siluer is coyned into money of better waight and goodnes then that of neighbor princes, presently it is molt by the refiners and goldsmiths to put into plate, or to have it coyned by strangers after their standard, wherein the changers serue as instruments, - and vnder colour of furnishing the people with + and under colour of furnishing the people with money, trafficke with the goldsmiths and marchant strangers: for it is certaine and hath been found true, that within these 25 yeares that the pettie soulz was - decried, there hath been coyned in this realme aboue two millions fiue hundred + decried, there hath been coyned in this realme aboue two millions five hundred thousand pounds starling, besides the peeces of three & sixe blanks,25. Millions of Liures. which are no more to be found, for that the refiners and goldsmiths found profit in them, so as they which - have great store of gold and siluer plate, can make more vse of it▪ for hauing + have great store of gold and siluer plate, can make more vse of it▪ for having bought it deere from the goldsmiths, they are loth to sell it with so great - losse: and euen king Charles the 9 lost much, hauing + losse: and euen king Charles the 9 lost much, having exchanged his plate into coyne, whereas before the standard of money coyned was equall with that of the goldsmiths, so as they could lose nothing in plate but the fashion, the which continues yet as a @@ -44815,7 +44814,7 @@ eleuen deniers, and eleuen graines in siluer. They had found some meanes to reforme these abuses, letting out to farme the reuenues of the mint, and the confiscations and amercements that should grow by forfeitures, the which was - let out in the yeare 1564 for fiue thousand pound starling a yeare: yet it was + let out in the yeare 1564 for five thousand pound starling a yeare: yet it was abolished at Moulins in the yeare 1566, and the mints were farmed out to such as offred to coyne the greatest quantitie of marks of gold and siluer: by this meanes some branches were cut off, but the rootes of these abuses remained @@ -44844,7 +44843,7 @@ 2 king of France ordained, that they should be payed by the receiuers of the same places: which decree although it were holie and good, yet was it afterwards disanulled by king Charles the 9, for that - the chamber of accompts at Paris gaue the king to vnderstand that hee lost yearely aboue a thousand pounds starling, + the chamber of accompts at Paris gaue the king to understand that hee lost yearely aboue a thousand pounds starling, whereas hee should reape profit by his mints; for now the officers were paied, and did in a manner nothing. But the true meanes to preuent all, is to suppresse all the officers of mints, but only in one towne, where they should @@ -44928,14 +44927,14 @@ the which was the best mixture of base money that was then in France, so in like sort they were soone molten, and few of them are now to be seene. every man knowes that the losse which the king and the subiect receiued of two - shillings fiue pence vpon the marke, came to aboue fiue and twentie in the - hundred, and yet the same Pinatel (hauing gotten vnder + shillings five pence vpon the marke, came to aboue five and twentie in the + hundred, and yet the same Pinatel (having gotten under hand a commission from the generals of the mint, in the yeare 1552) caused Dobles and Deniers to be coined at Villeneufue of Auignon, and at Villefranche of rovergue, which were valued but at twelue soulz the marke; and that it was verified that by this meanes he had stollen little lesse than fortie thousand pounds starling, and had purchased his pardon - for fiue thousand pounds, the which he gaue unto a Ladie, a fauorite of the + for five thousand pounds, the which he gaue unto a Ladie, a fauorite of the kings, who did only defer this wicked mans punishment, but not quite free him. I conclude therefore that we must not by any meanes allow of any mixtures, no not in the smallest coynes, if we will purge the Commonweale of all counterfet @@ -44944,7 +44943,7 @@ them baser; neither shall they have any credit with princes which suggest unto them the profit that they may receiue by their mints, as a certaine officer of the mint did, who gaue the councell of the - treasor to vnderstand, and did also write unto king Charles the 9, That he might make a great proffit of his mints for the + treasor to understand, and did also write unto king Charles the 9, That he might make a great proffit of his mints for the ease of his people: and in truth by his computation it was found that every marke of pure gold wrought would yeeld unto the king sixteene shillings starling, whereas he receiued but two shillings sixe pence, and foure deniers: @@ -44956,7 +44955,7 @@ Carat of alaie, of thirtie peeces to the marke, & of the same waight with the siluer of six liures tournois. He would also have them coine small base money of three deniers of goodnes, and 320 to the marke, and of three deniers currant, and all other kind of billon or - base money vnder ten deniersBillon. fine, rating the + base money under ten deniersBillon. fine, rating the marke at foureteene 28. sh. starling. liures tournois. This was his aduice, but it was reiected as it deserued, for it is a very ridiculous thing to thinke that the king can draw so great a profit from @@ -44993,8 +44992,8 @@ Francis de Foix that great Archimedes of our age, who first discouered the true proportion of metalls in waight and quantitie. We will hold the same opinion of siluer, which hath a greater masse than gold in an equall waight, and that gold is heauier - than siluer in an equall masse, once more and foure fiue parts, which is 1551 - in comparison of 998, or of nine to fiue: and of copper to siluer, as of eleuen + than siluer in an equall masse, once more and foure five parts, which is 1551 + in comparison of 998, or of nine to five: and of copper to siluer, as of eleuen to thirteene, or precisely, as 729 to 998, which approch neerer in waight and substance than the rest, except lead, the which is heauier than siluer, and differs as fifteene to foureteene, or more @@ -45028,8 +45027,8 @@ their mines of gold and siluer were worne and spent, and these two mettals worne, lost, hidden, and dispersed, then were they forced to make their money so thin, as they could not marke them but with the hammer, the which hath since - been the occasion of many abuses; but euen as the first man hauing little gold - and siluer, stampt it with the hammer, and afterwards hauing greater store + been the occasion of many abuses; but euen as the first man having little gold + and siluer, stampt it with the hammer, and afterwards having greater store began to cast it, in like sort must we now returne to casting. They began to come with a mill, but by proofe it appeared that it did not marke well, and that there was alwaies thirtie marks of clippings vpon @@ -45038,7 +45037,7 @@ stampt: and which is more, the peeces were found not to be alwaies of one waight, for that the plates were sometimes drawne thinner of one side then of another. As for that which I have said, that the marke of gold and siluer - should be diuided into peeces equall of waight, without fraction of peeces vpon + should be divided into peeces equall of waight, without fraction of peeces vpon the marke, nor of deniers vpon the peece, nor of graines vpon the denier, the profit is very apparant, as well for the changes of marks of peeces, as for the value, waight, and vndoubted course: so did the auntients for the peece of gold @@ -45107,9 +45106,9 @@ for euen as nature hath not distributed riches, estates and honors more to one than to another, so a popular estate tends to that end, to make all men equall, the which cannot be done, but by imparting riches, honors & iustice equally - to al men without priuilege or prerogatiue whatsoeuer; as Licurgus did, hauing changed the royall estate into a + to al men without priuilege or prerogatiue whatsoeuer; as Licurgus did, having changed the royall estate into a popular, he burnt all obligations, banished - gold and siluer, and diuided the lands by equall lots; then tooke he great + gold and siluer, and divided the lands by equall lots; then tooke he great pleasure to see the shocks of corne equall in the field, thereby cutting off couetousnes and arrogancie, two of the most pernitious plagues of a Commonweale, and not only those, but he also banished rapine, theft, extorsion, @@ -45155,7 +45154,7 @@ people, as we have declared elsewhere. Whereof amongst many others, Xenophon is a worthy witnesse: I cannot (said he) allow of the Athenians estate, for that they have followed that for me of Commonweale, whereas the wicked are - alwayes in greatest credit, and men of honour and vertue troden vnder foot. If + alwayes in greatest credit, and men of honour and vertue troden under foot. If Xenophon (who was one of the greatest captaines of his age, and who then carried away the prize to have happely ioyned the mannaging of affaires with armes and Philosophie) hath giuen such a censure of @@ -45204,7 +45203,7 @@ inconstancie of people gathered together of all sorts: and yet (if it please not the magistrat) neither shall Senat nor people be assembled: as it happened in Caesars Consulship, who to preuaile in his attempts - (hauing terrified Bibulus his companion, and drawne his + (having terrified Bibulus his companion, and drawne his sword vpon him) he would not suffer the Senat to be assembled so long as his office continued. And if the Tribune were vnited with the Consull, neither there the Senat nor the people could be assembled: so @@ -45235,7 +45234,7 @@ nothing without commaund, and if they might they would not; neither dare they, being terrified with the peoples furie, who impute all mischaunces, and their owne errours, unto the magistrats. So as Philip the - first, king of Macedon, hauing inuaded and spoyled the confines of Attica, + first, king of Macedon, having inuaded and spoyled the confines of Attica, there was not any magistrat that durst assemble the estates, the people came to the place of assemblies vncalled,A multitude is amazed in danger. whereas they found no man that durst speake unto them, as Demosthenes writeth. The @@ -45278,7 +45277,7 @@ audience to the most wicked, knowing well, that they would speake pleasing things, and profitable to the vicious, as most of the people be. I cannotXenophon giues a true iudgement of a Popular estate. (said Xenophon) but blame the Athenians, to have chosen - the most vicious forme of a Commonweale: but hauing chosen it, I doe much + the most vicious forme of a Commonweale: but having chosen it, I doe much esteeme them they doe so carefully maintaine it, in reiecting, chasing away, and banishing the noble, wise, and vertuous; & aduancing the impudent, wicked, & @@ -45298,7 +45297,7 @@ instant="false"/>nes. The like censure Marcellus the lawyer hath of a strumpet, saying, That shee hath not well done to have abandoned her honour; - but hauing lot all modestie, it was not ill done, to get what she could by her trade. So Xenophon concludes, That a Popular estate is nothing worth, but to maintaine it so being once @@ -45329,7 +45328,7 @@ The most vertuous are banished, and he wicked escape, in a Popular estate. died in exile, Miltiodes in prison, Socrates by poyson. And although that Phocion the most iust and - vertuous man of his age, had bene chosen Generall fortie and fiue times, + vertuous man of his age, had bene chosen Generall fortie and five times, without any reproach or blame, yet (without any accusation or information against him or his companions) a base pleader, of the scumme of the people, steps vp before the multitude, and demaunds, If they would have Phocion and his companions put to death: wherewith all in @@ -45363,17 +45362,17 @@ other people; what shall we iudge of Popular estates opprest with want and need? Wee have the example of the Megarences,Popular estates exceed in all - licentiousnesse. who hauing expelled their prince Theagines, established a Popular estate so licentious, as it was + licentiousnesse. who having expelled their prince Theagines, established a Popular estate so licentious, as it was lawfull for the poore to goe and spoyle the rich, as it is in Plato. Euen so wee read, that the Swissers did long after they had expelled the nobilitie. If they would have any one spoyled by the multitude, - they did set the picture of a man with boughes vnder him at his doore, and then + they did set the picture of a man with boughes under him at his doore, and then was he presently stript of all that he had, were he the richest or most innocent citisen. And they which doe so highly commend the Popular estate of the Romans, should rather have extolled the worthy deeds of noble and valiant men, than the cities forme: they should set before their eyes the seditions and civill warres, wherewith that citie had bene shaken, and represent the people of the one side of a mountaine, and the - nobilitie of another, diuided three times; and many times the furious Tribunes + nobilitie of another, divided three times; and many times the furious Tribunes with their turbulent Orations, to threaten death or banishment to the best citisens: Sometime Saturnine the Tribune, with a rabble of rascals, Slaves, and artisans, armed with staues and stones, to come into @@ -45389,7 +45388,7 @@ Heniques, which had no houses within Rome, should depart the citie. Virginius his companion made a decree to the contrarie, not so much to crosse his companions authoritie, but to set the citisens and straungers together by the eares in the middest of the citie. What was more - vnworthy, or more contrarie to civill societie, than to see a citisen vnder an + vnworthy, or more contrarie to civill societie, than to see a citisen under an innocent gowne, to come armed to the assembly, to sue for offices, as if they went to warre, and oftentimes the contrarie factions fell to blowes. And Tully saith, Lapidationes in foro saepe vidiDemosthenes spake plainely, and openly before the - people, That the estate of Athens was vnder the power of Orators and Pleaders, + people, That the estate of Athens was under the power of Orators and Pleaders, of whome the captaines depended, who had at the least three hundred men bribed, to passe whatsoeuer they pleased for money. A common diseaseCorruptions common in Popula estates. (saith Plutarch) in all Popular estates. Liuius @@ -45464,7 +45463,7 @@ Secondly, the most seditious, & mutinous, go to the seruice of other forren princes: and the rest of the common people being more mild & tractable, are easily kept in awe. Moreouer all the heads of the Cantons & Popular states, - hauing entred into an offensiue and defensiue league, are strictly tied and + having entred into an offensiue and defensiue league, are strictly tied and vnited together; like unto those that goe by night, or that are in a slipperie or daungerous way, holding one another by the hand: and in this sort they maintaine themselves against the power of Monarchs, @@ -45480,7 +45479,7 @@ not only the Cantons, but also those at Strausbourg, Lyndaw, Sienne, Genes, and Florence (to settle a popular libertie) slue or banished the nobilitie: as they have done in many townes of Germanie. - After they of Florence had made away their nobilitie, they diuided themselves + After they of Florence had made away their nobilitie, they divided themselves into three factions, the greater, the meane, and the popular: and as the greater sort entred into factions, and slue one another, the meaner thought to become maisters, who were so incensed one against another, as the whole citie @@ -45540,7 +45539,7 @@ administer iustice unto them. It is a maxime in Popular states, A rule in Popular states. That when as the persons - are equall which are to vndergo a charge, to cast lots: and if one exceeds + are equall which are to undergo a charge, to cast lots: and if one exceeds another, then they chuse the most sufficient. And who doth not see the great difference among men, that some have lesse iudgement than bruit beasts; and others have such cleere marks of diuine light, as they seeme rather angels than @@ -45593,7 +45592,7 @@ tyranny that can be imagined, if it bee not gouerned by wise and vertuous men. And therefore among the Cantons of the Swissers (those which are best ordered) although they have established a forme of Popular Commonweale, yet they gouerne - themselves Aristocratically, hauing two or three councels, to the end the people deale not in affaires of state as little as + themselves Aristocratically, having two or three councels, to the end the people deale not in affaires of state as little as may be; assembling seldome but by quarters, or parishes, which they call Schaffes (as in old time the inhabitants of Mantinea a Popular state did) fearing the tumults and rebellions whichGenerall assemblies @@ -45639,7 +45638,7 @@ them that have the most interest in the preseruation thereof. to them that have most interest in the preseruation of the whole state. Without doubt the most rich have the greatest interest, and beare a greater charge than the - poore, who hauing little to loose, abandon the Commonweale at need. And + poore, who having little to loose, abandon the Commonweale at need. And therefore Q. Flaminius did wisely commit the gouernment of the cities of Thessalie, to the most rich, as to them that had most interest in the preseruation of the state. Moreouer it seems that necessitie doth guide vs to an Aristocraticall estate: for although @@ -45685,7 +45684,7 @@ most wise, the most rich, and the most valiant, there is alwayes some one that doth excell the rest, to whome by that reason the soueraigntie doth belong: For it is impossible to find them all equall in all respects. And as for the Senat, - or Councell, we have shewed before, that it is diuided from maiestie, and hath + or Councell, we have shewed before, that it is divided from maiestie, and hath no power to commaund, in what estate soeuer: else doth it loose the name and marke of aNo councell in any estate hath any power to command. Senat, the which is ordained to no other end, but to giue @@ -45760,7 +45759,7 @@ or that one of them should murther the rest. So in old time the inhabitants of Miletum, after they had expelled their two tyrants, they fell cruelly o armes among themselves, the nobles against the - people: but in the end the rich hauing vanquished the poore, they framed an + people: but in the end the rich having vanquished the poore, they framed an Aristocraticall estate, where they lived in such feare, and distrust, as they went into ships to hold their councels, fearing (saith Plutarch) to be surprised and slaine by the people: like unto the lords of the Samiens, who were all massacred by the multitude, at such time as @@ -45769,7 +45768,7 @@ warre, but they are in daunger to loose the estate, if they bee once defeated: neither can they assure themselves of straungers, fearing they should bee subiected by them. To which daungers a - Popular estate is not subiect, euerie one hauing a part in the state. An + Popular estate is not subiect, euerie one having a part in the state. An Aristocraticall estate then, is not onely in daunger of forraine enemies, but of the people, whome they must content or keepe in awe by force: to content them without making them partakers of the gouernment, were very hard; & to @@ -45791,10 +45790,10 @@ bourgesses. If they have any warre against the straunger, they soone compound it at what price soeuer: and aboue all things they labour to quench and pacifie all partialities and hatred among the gentlemen: so as the rich being drunke - with delights, and the poore hauing meanes to traffique, and to exercise + with delights, and the poore having meanes to traffique, and to exercise themselves in mechanike arts, with the commoditie of the place, lying vpon the sea, being by nature strong, they have no great occasion, & lesse power to rebell. By these meanes the Venetians - (next vnder God) have maintained their estate, and not by the forme of an + (next under God) have maintained their estate, and not by the forme of an Aristocraticall gouernment, as many do hold. And although the nature of the situation of Venice, the honour of the people, the wisedome of the Seigneures, and the lawes, be fit for an Aristocraticall estate, yet is it not aboue foure @@ -45816,8 +45815,8 @@ knowledge, that hath so long continued, but have bene for the most part chaunged into cruell Tyrannies, or bloodie Popular estates, as we have shewed elsewhere. And to make it more apparant, I will produce for a new example the - state of Genes, who hauing peace with the Venetians, by meanes of the - protection of Fraunce, soone after the Adornes, and Fregoses, diuided the state + state of Genes, who having peace with the Venetians, by meanes of the + protection of Fraunce, soone after the Adornes, and Fregoses, divided the state (the which at that time was Aristocraticall) into two factions, whence ensued many murthers of the chiefe men: so as the people fell to armes, freed themselves from subiection, and tooke the @@ -45834,7 +45833,7 @@ Andrew Doria reuolted, and that hee had power to dispose of the state at his pleasure, hee made choyce of all such as had six houses within the citie, and of some others of name and marke, which were not - so rich, and diuided them all into eight and twentie tribes, the which they called Alberghi, + so rich, and divided them all into eight and twentie tribes, the which they called Alberghi, making them gentlemen, and giuing them the gouernment of the state, and debarred the rest of the common people, onely with this exception, To have libertie euerie yeare to make ten of the Plebeians gentlemen, and to receiue @@ -45849,16 +45848,16 @@ noblest families, with a guard of 500 Lansquenets, besides the generall of the armie, and the fortie centiners. I omit other officers, as the Procurators of the Seigneurie, the Podestat, or Maior, the Iudges of the Rota, the seuen - extraordinarie Iudges, the fiue Syndiks, the Censors, and the officers of Saint + extraordinarie Iudges, the five Syndiks, the Censors, and the officers of Saint George. The estate of Genes hath continued in this - sort 43 yeares, vnder the protection of the house of Austria. From the yeare + sort 43 yeares, under the protection of the house of Austria. From the yeare 1528, unto the yeare 1549, that Iohn Flisco beeing chosen duke of Genes after Benedict Gentil, would have made his power perpetuall, and to effect it, he laboured to subiect the - Seigneurie of Genes unto the crowne of France, hauing alreadie defeated Andrew Dories armie, & slain his nephew, he fell into + Seigneurie of Genes unto the crowne of France, having alreadie defeated Andrew Dories armie, & slain his nephew, he fell into the seal leaping from one gally to another, the which ouerthrew all his desseins. Since the seigneury hath taken again the forme established by Andrew Doria, the which was - cōtinued unto the yere 1574, that it was diuided into two factions; the one of + cōtinued unto the yere 1574, that it was divided into two factions; the one of the antient, the other of the new gentlemen, who are yet at civill war: and the antient seeing themselves expelled by the new, have ceized vpon the places of strength, and forts without the citie, being in danger to be quite ruined, or @@ -45877,7 +45876,7 @@

I have shewed before, that the great Councell or Senat in an Aristocraticall estate, ought to be perpetuall, to the end there may be some firme ground, or foundation whereon the annuall change of all officers may relie. And as for the - Duke, it were strange if he should not ceaze vpon the Soueraigntie, hauing fiue + Duke, it were strange if he should not ceaze vpon the Soueraigntie, having five hundred men for his guard, seeing that he hath two yeares to remaine in charge: considering the factions that are made to attaine unto this dignitie of honour. We see then that the chiefeThe ground and support of an Optimacie. ground and @@ -46000,9 +45999,9 @@ no true ground, nor support, if there bee not a head with absolute and soueraigne power, to vnite them together: the which a simple magistrat without soueraigne authoritie cannot do. And if it chance that the lords, or the tribes - of the people be diuided (as it often fals out) then must they fall to armes + of the people be divided (as it often fals out) then must they fall to armes one against another. And although the greatest part be of one opinion, yet may - it so happen, as the lesser part hauing many legions, and making a head, may + it so happen, as the lesser part having many legions, and making a head, may oppose it selfe against the greater number, and get the victorie. We see the difficulties which are, and alwayes have bene in Popular states and seigneuries, whereas they hold contrary parts, and for diuerse magistrats: some @@ -46067,7 +46066,7 @@ the wals. For Lib. 5. oftentimes euen the Consuls and their - commaundements were neglected and troden vnder foote: and such as had offended + commaundements were neglected and troden under foote: and such as had offended retired to their companions, that is to say, to the people, to whom they might appeale. The which Appius the Consull seeing, hee @@ -46100,13 +46099,13 @@ eminent and of greater effect▪ and that the same power imparted to two, three, or many lords, or to a whole communaltie, declines and looseth his force, like unto a agot vnbound and diuided into manie parts. And + instant="false"/>agot vnbound and divided into manie parts. And therefore Tacitus saith, that for the execution of great exploits the power of commanding must be restrained to one alone: the which is confirmed by Titus Liuius, who sayd, that three Tribunes created with Consularie power, gaue a sufficient testimonie that the force of command imparted to manie, is fruitlesse: and especially in millitarie causes, - the which Hanniball did find, hauing against him an + the which Hanniball did find, having against him an armie of 60000 Plurium with the lawes of God: so as they suppose, when as the prince forbids to kill, to steale, or to commit adulterie, that it is the princes law. But for that we have layd open this poynt at large, I will now @@ -46205,7 +46204,7 @@ not alwayes, for most commonly they are continued and prorogued by an expresse clause, some yeares after the death of the prince, as it hath bene alwayes observed betwixt the house of France and the Cantons of the Suissers, the which - have beene for the kings life, and fiue yeares after. Moreouer, we have + have beene for the kings life, and five yeares after. Moreouer, we have formerly shewed, that it is expedient allyances and leagues should not bee perpetuall; and for this cause states and commonweales do oftentimes limit their treaties to a certaine time. And as for @@ -46265,7 +46264,7 @@ all the auntient people of Greece and Italie, before they were corrupted with ambition, had none but kings and monarches, as the Athenians, Lacedemonians, Corinthians, Acheans, Sicyonians, Candiots, Sicilians, Ethiopians, Latines, and - Hetrusques, the which have flourished in arms & laws, foure, fiue, six, + Hetrusques, the which have flourished in arms & laws, foure, five, six, & seuen hundred yeres; yea some have continued eight or nine hundred yeares, others twelue or thirteen hundred yeres. And yet some wonder that the Popular estate of the Romans▪ or the Seigneuries of Lacedemon, and Venice, had @@ -46294,7 +46293,7 @@ yeares together without civill warres, or some sedition: and Augustus maintained them quietly in peace almost fiftie yeares, the which continued long after his death. Experience is the mistresse of all things, and as the touchstone, resolues all doubts. Therefore the Capadocians - hauing lost their king, they were persuaded by the Romans, to take a Popular estate: but they refused it, and + having lost their king, they were persuaded by the Romans, to take a Popular estate: but they refused it, and demaunded a king: so as the Romans gaue them power to chuse one, and they aduanced Ariobarzanes; finding the calamities of Popular states▪ To conclude, if we seeke authoritie, we shall find that the greatest @@ -46325,7 +46324,7 @@ returne out of Babilon, they were still subiect to the kings of Persia, or of Aegypt, or ofA Monarchy allowed by the law of God. Syria: vntill that Iudas Machabeus of the familie of the - Azmoneans, descended from Aaron (hauing rebelled against + Azmoneans, descended from Aaron (having rebelled against Antiochus the Noble, king of Syria) brought the office of high priest, and the soueraigntie unto his house, who were afterwards subdued by the @@ -46335,7 +46334,7 @@ crimes of high treason, or of false prophets: & for this cause they were onely called Iudges, whome by the corrupt Greeke word they called Sanedrim. The Caldean interpretor saith, That although they had power to make lawes, euen - vnder kings, yet was it no soueraigne authoritie. True it is, that Rabin Magmon calling them Doctors or Informers, saith, + under kings, yet was it no soueraigne authoritie. True it is, that Rabin Magmon calling them Doctors or Informers, saith, That they had also power to create twentie three criminal Iudges, whome they called Iudges of soules; and seuen Iudges for civill causes, whom they tearmed Iudges of goods in euerie citie; and ten Iudges for gouenment, among the which there was one priest, or as Ioseph saith, two Leuites assistant to every magistrat: @@ -46389,7 +46388,7 @@ slaine: so as it became an estate of a turbulent multitude, much more miserable without all comparison than any tyranny. As also the Pithagorians did, who laboured suddenly to change all the Popular estates of Italie, into meere - Optimacies, hauing not force sufficient to effect it, but they were all slaine, or banished. But if this + Optimacies, having not force sufficient to effect it, but they were all slaine, or banished. But if this Popular infirmitie cannot be cured by any physicke, it must bee borne withall, beeing better to have a bad Commonweale than none at all; and attend the time vntill the tyranny of one, of few, or of many, be mounted to the highest @@ -46411,20 +46410,20 @@ oppresseth and deuours his subiects continually; & if he be cruell, he soone attaines to his desire: whereas a rich and mightie Monarch hath wherewithall to glut his appetite,The subiects are happy - vnder a great Monarch. and if he be cruell hee will stand in feare + under a great Monarch. and if he be cruell hee will stand in feare that some one in so great a multitude will take revenge. Euen then as the - subiects are happie vnder a great and mightie Monarch, if he have any sparke of + subiects are happie under a great and mightie Monarch, if he have any sparke of iustice before his eyes: so a small estate is best befitting an Aristocraticall gouernment, who will maintaine their subiects more happily than a poore tyrant should do. We see eighteene Cantons of the Swissers, besides the Grisons, whose gouernments are Popular, and - Aristocraticall, hauing in length from Geneua unto Constance but two hundred + Aristocraticall, having in length from Geneua unto Constance but two hundred and fiftie thousand paces, and a hundred and threescore in bredth from the Alpes unto mount Iura, most of which countrey is full of rockes, and very barren; yet have they maintained their subiects a long time in great happinesse: but if they should enuie and desire their neighbors estate, they should soone loose their owne. And contrariwise the greater the Monarch is, the more goodly and flourishing it is, and the subiect more happie, liuing in an - assured peace. But if it chance to be diuided + assured peace. But if it chance to be divided into Democraties, or Optimacies, or into many tyrannies, the people are either tyrannised, or in sedition among themselves, or in continuall warre against their neighbours. Seeing then a Monarchy is the most sure of all Commonweales, @@ -46461,7 +46460,7 @@ it is needfull for vs by necessary reasons, and examples, to declare; to take away the opinion that many imprint into another princes subiects, and by that meanes entertaine rebellions, so to chaunge well ordered Monarchies, and to - moue as it were both heauen and earth. All which they do vnder the vaile of + moue as it were both heauen and earth. All which they do under the vaile of vertue, of pietie, and of iustice. Yea some there are to be found, which have bene so bold, as to publish bookes, and to maintaine against their naturall prince, come unto the crowne by lawfull succession, That the right of choyce is better in a Monarchy: @@ -46489,7 +46488,7 @@ and deuisors of new exactions out of the court, who spareth his subiects blood as his owne, who revengeth the wrong done to others, and pardoneth the iniurie done unto himselfe; and who in briefe more esteemeth of religion and vertue, - than of all other things in the world. And so hauing set these prayses, with + than of all other things in the world. And so having set these prayses, with the counterpoise of a tyranny repleat with all vices, the vulgar sort forthwith conceiueth an opinion, that there is nothing more happy, than the Monarchy which falleth into election: yea and not they of @@ -46525,7 +46524,7 @@ people alone have their kings by election: and yet of them almost none, but such as were themselves also royally descended. Cicero saith, humanitie and courtesie to have taken beginning in the lesser Asia, and - from thence to have bene diuided unto all the other + from thence to have bene divided unto all the other parts of the world: and yet for all that the people of Asia had no other kings, but by succession from the father to the son, or some other the neerest of kin. And of all the auntient kings of Greece, we find none but Timondas, who was @@ -46533,7 +46532,7 @@ at such time as the royall name and line sailed, oftentimes the strongest or the mightiest carried it away▪ as it chaunced after the death of Alexander the Great, who was in right line descended from Hercules, and the kings of Macedon, who had continued - aboue fiue hundred yeares: whose lieutenants afterwards made themselves kings, + aboue five hundred yeares: whose lieutenants afterwards made themselves kings, Antipater of Macedon, Antigonus of Asia the lesse, Nicanor of the vpper Asia, Lysimachus of Thracia: so that there is not one to be found among them, which was made king by election. So that euen @@ -46602,7 +46601,7 @@ matter, to make choyce of a lieutenant or gouernour, than of a king. But admit he might so bee made without any contradiction, by the consent of all the estates to whome it belongeth, to name their gouernour, yet who should be the - suretie and warrant for his faith? Who should let him (hauing the power in his + suretie and warrant for his faith? Who should let him (having the power in his hand) to inuade the estate? who should disarme him being not willing thereunto? Wee see how Gostauus father of Iohn king of Sweden behaved himselfe, who of a gouernour made himselfe a king, without expecting of any other @@ -46719,7 +46718,7 @@ refused. the first king of Polonia, refused the kingdome of Hungarie, of Bohemia and Denmarke, being thereunto inuited by the Estates. So also Lewes the twelfth refused the Seignorie of Pisa: and the antient Romans (as saith Appian) refused diuerse people which - would have submitted themselves vnder their obeysance. But admit that the + would have submitted themselves under their obeysance. But admit that the strange prince do not refuse a kingdome so offered him: which if it bee farre off from the bounds of his owne kingdome, hee must than either leaue his owne, or gouerne the strange kingdome by his deputies or lieutenants: both things @@ -46766,7 +46765,7 @@ foundations of the Germaine empire might be layd. And in case that the prince cannot ioyne the kingdome which he hath got by election confining vpon him, unto his owne naturall kingdome: yet will he so much as in him lieth draw all the profits, fruits, and reuenues of the - strange kingdome unto his owne: and hauing taken away the voyces from the + strange kingdome unto his owne: and having taken away the voyces from the nobilitie whom hee hath in his power, shall appoint or cause them to chuse whomsoeuer pleaseth him to succeed him: as the kings of Denmarke, of Thunes, yea and the Germaine emperours also themselves by a custome of long receiued @@ -46793,7 +46792,7 @@ meanes be appeased: vntill that by all the degrees of the people of that kingdom it was decreed that it should from thenceforth be hereditarie: and that after the death of Dadislaus Maximilian the sonne of Fredericke should succeed in that kingdome, as indeed he - did: But his nephew being left vnder age, and the estates of the kingdome + did: But his nephew being left under age, and the estates of the kingdome pretending them to have the right to make their choice of his gouernours; against Fredericke who sought to step into the gouernement of Hungarie, and to take vpon him the guard and protection of the @@ -46809,7 +46808,7 @@ instant="false"/>f the Turk. than to endure the gouernement of the emperour Ferdinand in such sort, that they for the maintenance of the right of their election, are now fallen into the - perpetuall seruitude of the Turke: hauing not onely lost the right of their + perpetuall seruitude of the Turke: having not onely lost the right of their election, which they so striue for; but in hazard also to loose their lawes, libertie, and religion: as the common custome of all strange princes is (as much as in them lieth) to change the lawes, customes, and religion of the @@ -46859,7 +46858,7 @@ instant="false"/> of the succession, lest after their death the empire should fall into the dangers ensuing vpon election. emperour Adrian fearing lest the estate should fall into - election, he himselfe hauing no children, thought it not enough to adopt Antoninus Pius, but also caused him to adopt Marcus Aurelius, and Aelius Vetus: + election, he himselfe having no children, thought it not enough to adopt Antoninus Pius, but also caused him to adopt Marcus Aurelius, and Aelius Vetus: following therein the wisedome of Augustus, who to preuent the warres oftentimes arising about election, adopted his two little nephews Caius and Lucius: who @@ -46886,8 +46885,8 @@ before all others, that so by the benefit of succession all the occasions of civill wars might bee preuented and taken away. For which cause Sigismundus Augustus king of Polonia and - last of the house of Iagellon, hauing but two sisters, assembled the estates of - the kingdome to consult concerning his successor; hauing before vnited the + last of the house of Iagellon, having but two sisters, assembled the estates of + the kingdome to consult concerning his successor; having before vnited the dukedome of Lituania unto the kingdome of Polonia: whereunto for all that the estates would not consent, fearing to loose their right of election; or that he should have giuen them a king contrarie to their good liking. And at the same @@ -46914,10 +46913,10 @@ maintaine a Popular estate: razed the castle Ioue,The dutchie of Milan dismembred the line of the visecounties of the house of Anglerie failing. burnt the last dukes testament, chose twelue - Senators; and after that hauing made choice of Charles + Senators; and after that having made choice of Charles Gonzaga for their generall, most cruelly butchered all them which tooke part with Frances Sforce, who being a man but basely - borne aspired to the soueraigntie, as hauing maried the base daughter of Philip the last duke, as also by the adoption which the + borne aspired to the soueraigntie, as having maried the base daughter of Philip the last duke, as also by the adoption which the duke had made of him. At which selfe same time the emperour Fredericke the third claimed that dutchie, as a fee deuolued to the empire for default of heires males. And Charles of Orleans on the other side claimed it as belonging unto him in the right of his mother Valentine, @@ -46967,13 +46966,13 @@

Now concerning the first line which is of the Merouignes; Agathius a Greeke author of great authoritie and antiquitie (for he flourished about the yeare - 500) writeth the French nation hauing chosen the best forme of a Commonweale + 500) writeth the French nation having chosen the best forme of a Commonweale that was possible (that is to say the royall Monarchie) to have therein surpassed all their neighbours: neither to have had any other kings but by the right of succession. And the same author in another place sayth, Theodebert the sonne of Theodoric and nephew o Clodoueus, being yet - vnder age and the gouernement of his tutor, to have beene called unto the crown + under age and the gouernement of his tutor, to have beene called unto the crown according unto the maner and fashion of their ancestors. Cedrinus also another Greek author, and he also very antient (who writ in the yeare 1058 in the time of Philip the first the king of France) reporteth the French men to have had no other kings, but by a @@ -46984,7 +46983,7 @@ they were) yet was not that done but onely so by the power and favour of the nobilitie to assure their estates, & to stop the mouths of such as were yet left of the house of the Merouignes, as in like case some of them did also of the house of Capet, who had thrust out them of the house of Charlemaigne. As for that which is reported of Otho, him by the consent and voyces of the nobilitie to - have bene created king: he at the time of his death hauing called together the + have bene created king: he at the time of his death having called together the princes of the kingdome, protested him to have so done, not so much that he himselfe might reigne, as to keepe the kingdome and the Commonweale wherewith he was put in trust, in safetie unto Lewes the Stammerer @@ -47015,7 +47014,7 @@ election, have had no further regard but onely unto the manner and forme of the chusing of the king (if it ought at all to bee called a choice) the manner whereof isyet to bee seene in the Librarie of Beauuois, and which I have also taken out of the Librarie of Rheimes, and - deserueth well to be set downe at large, whereby it is to bee vnderstood, in + deserueth well to be set downe at large, whereby it is to bee understood, in what sort our kings have beene in antient time crowned.

The title of the antient written booke of Rheimes is this, LIBER IVLIANI AD @@ -47102,7 +47101,7 @@ of Fraunce: and how the Pope Victor graunted the same also unto him and his church. And so his father Henrie consenting thereunto, chose him to bee king after him. The Legats of the See of - Rome hauing there reasoned it, not to be a thing lawfull without the licence of + Rome having there reasoned it, not to be a thing lawfull without the licence of the Pope, were yet for loue and honours sake there present: as were also other ambassadours, as Lotarius Sol, with other Archbishops, Bishops, Abbats, Clarks, the young Duke of Aquitane, the ambassadours of the @@ -47113,7 +47112,7 @@ instant="false"/>ut thrice aloud, We prayse him, We will have him: Let it be done. These things wee have word for word written, the which were neuer yet put in print. They therefore which thinke the kings of Fraunce to have beene in auntient time - created by the voyces of the people, vnderstand not the bishops of Rheimes to + created by the voyces of the people, understand not the bishops of Rheimes to have affirmed, that to have bene giuen unto them by a certaine singular priuilege from the bishops of Rome: howbeit that it can in no wise agree with the faith & obedience which the archbishops of Rheims have vsed to giue @@ -47137,7 +47136,7 @@ Bauld, grounded vpon this, That their father had giuen the better part, and the regall seat of Fraunce, to Charles the Bauld his youngest sonne: howbeit that all the three brethren were kings, gouerning their - diuided kingdoms with royall soueraigntie. And for that Henry the first, king of Fraunce, the younger sonne of Robert, had bene chosen by his father, and his elder + divided kingdoms with royall soueraigntie. And for that Henry the first, king of Fraunce, the younger sonne of Robert, had bene chosen by his father, and his elder brother the duke of Burgundie reiected: he fearing least the children of his elder brother, should in their fathers right lay claime unto the crowne, and so put all France into civill warres, as it had before bene in the wars betwixt @@ -47161,7 +47160,7 @@ acknowledge any one greater than themselves, next unto God. And that is it for which they say in this realme, That the king neuer dieth. Which auntient proverbHow it is to be - vnderstood. That the king neuer dThat the king neuer deth. sheweth well, that the kingdome neuer went by election, & the kings @@ -47271,7 +47270,7 @@ fayling, and the right deuoluedA good meanes, the line of Monarchs failing, to preuent the dangers still attending vpon election. unto the estates: in this case it is much surer to proceed - by lot, hauing made choice of the most worthiest persons, or of such as be + by lot, having made choice of the most worthiest persons, or of such as be equall in nobilitie, or in vertue, or in power, to the end that one of them may be drawne by lot, rather than to enter into tearmes of election: prouided that the name of God be first called vpon, in @@ -47289,7 +47288,7 @@ not thinke that the kingdome was unto him by chaunce onely fallen. But after that the Monarchy is once established, men have commonly had regard unto the prerogatiue of successiue right, without vsing either of election, or lot. So the seuen great princes of Persia, Cambyses being dead without issue, vsed lot, or rather - the neying of an horse for the chusing of their king. Yet wee see Darius hauing once by lot got the kingdome, the + the neying of an horse for the chusing of their king. Yet wee see Darius having once by lot got the kingdome, the soueraigntie of the state to have bene afterward by successiue right deriued unto his posteritie.

@@ -47327,7 +47326,7 @@ Attabalippa the king to be put to death: all the people thereat reioyced, to see him die that had caused his elder brother to be slaine, so to become king himselfe, contrarie to the custome of the countrey, - and his fathers will conformable thereunto: who hauing two hundred children, + and his fathers will conformable thereunto: who having two hundred children, yet by his will appointed that Gaca his eldest sonne should alone succeed him in his kingdome, without diuiding of the same. And albeit that the children were twins, yet so it is, that the prerogatiue of the @@ -47367,7 +47366,7 @@ sonnes, and disinheriting the elder of their kingdomes, have incensed their children most cruelly to murther one another: so as did the father of Atreus, - Great murders & civill warres to have ensued, for hauing + Great murders & civill warres to have ensued, for having preferred the yonger brother before the elder. and Thyestes, who willing to preferre the younger before the elder, as the fitter for the mannaging of the affaires of state, so filled and foyled his house with most cruell and horrible tragedies. But more foolelishly doe they, @@ -47379,7 +47378,7 @@ father for griefe to die in prison. In like case almost Gabriel the yonger sonne of the Marquesse of Salusse, by the consent of his mother cast his elder brother into prison, pretending that he was out of his wits: who yet breaking out of prison, recouered his principalitie, & - hauing chased out his brother, coupt vp his mother in the same prison, wherein + having chased out his brother, coupt vp his mother in the same prison, wherein hee himselfe had but a little before beene shut vp. And not to seeke further from home, wee have seene all this realme on fire with civill warres, for that Lewes the Deuout, at the intreatie of his second @@ -47409,7 +47408,7 @@ Monarchies: which to be so the estates & people of Hungarie shewed by a mostA notable example. notable example: contrarie unto the will & disposition of Ladislaus their king, - who hauing no issue, adopted Alme his brothers yongest + who having no issue, adopted Alme his brothers yongest son, so to make him king after him, reiecting Coloman his elder brother, whom he in a sort banished, @@ -47422,7 +47421,7 @@ any other king but the elder brother, whome they called home, and by their ambassadors afterward obtained of the pope, to have him dispenced with, and discharged of his orders, and married also. In like - case Agesilaus, a lawe dwarfe, hauing by the meanes of + case Agesilaus, a lawe dwarfe, having by the meanes of Lysander a prince of the same bloud excluded Leotichides as Alcibiades his bastard, succeeded into the kingdom, not as the kings son, but as next of the fathers side, and of the bloud of Hercules: his aduersaries in vaine complaining the @@ -47447,7 +47446,7 @@ were by chance unto Darius. But where the kingdome is descended by a lawfull succession from former ancestors, the eldest or neerest of the fathers stocke is to succeed, although he be borne before his father was - possessed of the kingdome. Whereby is vnderstood what is to be iudged of the + possessed of the kingdome. Whereby is understood what is to be iudged of the question, which Bartholus writeth to have happened in his time; as whether Philip earle of Valois his son borne before his father was king of France, should as king succeed him in the @@ -47507,7 +47506,7 @@ Liuius li. 38. have ofted in antient time - beene vndertaken among the Germaine princes: which was the onely cause that + beene undertaken among the Germaine princes: which was the onely cause that stirred vp Barnard king of Italie to take vp armes against the emperour Lewes the Deuout; alleadging that the empire of right belonged unto him as the onely sonne of Pepin the eldest sonne of Charlemaigne, and not @@ -47519,7 +47518,7 @@ grandfather, without respect unto the children of the elder brother: and that more is, the yonger brother succeedeth in the kingdome unto the elder brother, although the elder brother being king leaue - behind him a sonne yet vnder age: For so Basilius the + behind him a sonne yet under age: For so Basilius the Great, king of Moscouie succeeded in the kingdome after his elder brother who had children. For which reason also Henry of Lancaster the sonne of Iohn of Gaunt deposed Richard the eldest sonne of Edward the Blacke @@ -47548,7 +47547,7 @@ Hungarie, in vaine reclaiming. Sanxius also the sonne of Alphonsus the tenth king of Castile, his father favouring of him thrust his elder brothers sonnes out of the hope of the - kingdome. Iohn also hauing slaine Arthure, Godfrey his elder brothers sonne, tooke vpon him the kingdome + kingdome. Iohn also having slaine Arthure, Godfrey his elder brothers sonne, tooke vpon him the kingdome of England. Vnlike was the quartell of Siluius, who after the death of Ascanius, in the right of his mother tooke from Iulus, Ascanius his sonne, the kingdome of @@ -47577,7 +47576,7 @@ Montfort. Others have left it as a thing doubtfull to be tried by combat. For as Scipio Africanus permitted the combat betwixt Orsue and Corbis whom hee - could not by law appease: the same we read to have happened first vnder Otho the Great, and after that vnder Henry the first in Germanie; and the + could not by law appease: the same we read to have happened first under Otho the Great, and after that under Henry the first in Germanie; and the vncle to have bene ouercome by their brothers sonnes. But the nephew of Agathocles king of Syracusa slew his vncle, going about to have taken vpon him his grandfathers kingdome.

@@ -47596,7 +47595,7 @@ benefit, his vncles being quite excluded. But no reason is more effectuall, than that an inheritance neither entered vpon, neither so much as yet fallen, is not onely deriued from the grandfather to the nephews; but euen the verie - vncertaine hope of a matter in trust being so but vnder a condition + vncertaine hope of a matter in trust being so but under a condition conceiued.

Neither yet for all this is the vncles cause on the other side altogether @@ -47621,7 +47620,7 @@ dead. But admit that the sonnes, contrarie unto the lawes both of nature, and of the Romans, may be disinherited, that so way may be made for the nephew (which we see in indiuisible succession to be still done) yet is it an - vnreasonable, and vniust thing, an infant, a child, or one vnder age, of no + vnreasonable, and vniust thing, an infant, a child, or one under age, of no experience in matters of warre, or in the other civill and weightie affaires of the Commonweale, to be called unto the soueraigntie of a kingdome; and another neerer than he, that excelleth both in yeares and wisedome, to be in the meane @@ -47650,7 +47649,7 @@ would rehearse all the kings of Fraunce euen from the time of Charles the Great, we shall scarcely, or els not at all, in the space of twelue hundred yeares, find the vncle and the nephew, after the death of the grandfather, to have met together as competitors in the succession of this - kingdome. Wee read it in the space of about fiue or six hundred yeares to have + kingdome. Wee read it in the space of about five or six hundred yeares to have happened once in England, once in Castile, twice in Portugall, and once in Sicilia. Wherefore let the sentence as well of the auntient, as of the later lawyers preuaile for the nephew against the vncle: not only in direct, but euen @@ -47675,19 +47674,19 @@

And yet is it not sufficient, that the next heires male of name succeed, but it is needfull also, that the kingdome, how great soeuer it be, with all the soueraigne rights therof, bee wholly giuen to one without partition: as Gensericus king of the Vandales - wisely appointed. For otherwise if a Monarchy be diuided, it is no more to be + wisely appointed. For otherwise if a Monarchy be divided, it is no more to be accounted - That a kingdom how great soeuer is not to be diuided, but to + That a kingdom how great soeuer is not to be divided, but to be wholly giuen to one without partition. a Monarchy, but rather a - Poliarchy, or Monarchy diuided into many Monarchies. Which was not by the law + Poliarchy, or Monarchy divided into many Monarchies. Which was not by the law Salique with vs (as some suppose) prouided for, or fooreseene. For we find that Aribert, brother to Dagobert the eldest sonne of Clotaire the second, was also king with his brother, one of them holding nothing of the other. Clodoueus also the eldest sonne of Dagobert, was king of Paris, and Sigebert his brother king of Metz. And after the death of Clodoueus his foure sonnes - diuided the realme into foure kingdomes: for Childebert + divided the realme into foure kingdomes: for Childebert was king of Paris, Clodoueus king of Orleans, Clotaire of Soissons, and Theodoric of Metz. But the rest being dead, all in fine came to Clotaire, whose eldest sonne Cherebert was king of Paris, Chilperic of Soissons, Gontran of Orleans, and Sigebert of Metz, all kings: which multitude of kings were scarece euer quiet from civill warres. For which it @@ -47722,34 +47721,34 @@ neuerthelesse demaunded his part of the kingdome, unto whome for all that aunswere was giuen, That he must first be made a free man.

-

And as for diuiding of a Monarchy, I have said, that being diuided, it is no - more aA Monarchy diuided, no more▪ to be accounted a - Monarchy. Monarchy, no more than a crowne or robe diuided into parts, +

And as for diuiding of a Monarchy, I have said, that being divided, it is no + more aA Monarchy divided, no more▪ to be accounted a + Monarchy. Monarchy, no more than a crowne or robe divided into parts, is any more to bee acconnted a robe or a crowne: the inuiolat nature of vnitie being such, as that it can abide no partition. Neither find we the auntient kings of Persia, Aegypt, Parthia, or Assyria, - at any time to have diuided their most great and spatious kingdomes: neither - yet any other kings to have vsed any such partition of their realmes. Iosaphat king of the Iewes hauing six sonnes, left his + at any time to have divided their most great and spatious kingdomes: neither + yet any other kings to have vsed any such partition of their realmes. Iosaphat king of the Iewes having six sonnes, left his kingdom whole and entire unto his eldest sonne Ioram, assigning unto the rest certaine yearely annuities, or pensions. The first that opened this daungerous gap, was Aristodemus king of - Lacedemonia, who yet diuided not his kingdome unto his two sonnes, Proculus and Euristhenes, but left - the kingdome vndiuided unto them both: and so thinking to have made them both + Lacedemonia, who yet divided not his kingdome unto his two sonnes, Proculus and Euristhenes, but left + the kingdome vndivided unto them both: and so thinking to have made them both kings, tooke from them both all soueraigne authoritie and power. After whose example the kingdome of the Messenians, neere unto the Lacedemonians, was by - the father giuen vndiuided unto + the father giuen vndivided unto Leucippus and Amphareus, being brethren: the chiefe cause why those two kingdoms were chaunged into Aristocraties. And yet two inconueniences propounded, it is betterTo diuide a kingdome, a thing dangerous two kingdomes to be giuen unto two kings, than one kingdome - to be giuen to many: as it hath sometimes happened, the father to have diuided + to be giuen to many: as it hath sometimes happened, the father to have divided unto his sonnes diuers kingdomes, before they were into one vnited: for so Iames king of Aragon appointed Peter his eldest sonne to be king of Aragon, and Iames his younger sonne to bee king of Maiorque: howbeit that afterward the elder brother tooke the yonger prisoner, and in prison starued him, whome much lesse he would have endured to have bene partner with him in the kingdome, and so vnited both the kingdomes into one. So it befell also the children of Boleslaus the second, king of Polonia, who - hauing diuided the kingdome unto his foure sonnes, and leauing nothing unto the + having divided the kingdome unto his foure sonnes, and leauing nothing unto the fift, kindled such a fire of sedition, as could not afterward be quenched, but with much blood of the subiects. YetHow the diuision of kingdoms may be borne. this diuision of kingdomes is well to bee borne withall, when it is made by him which hath @@ -47769,7 +47768,7 @@ thereon, in seeking too greedily thereafter, lost both the one and the other: and being taken by the third brother (who now carried away all) was by him cast in prison, and so depriued of his sight there miserably died. And albeitThat a new conquered kingdom with all the soue raigne rights - thereof, is better left wholly unto one, than to be diuided among many. that this disposition of the Conquerours was right iust, as grounded both vppon reason and authoritie, yet had it bene much more saftie, to have left the whole kingdome, and all the @@ -47777,7 +47776,7 @@ Charles Countie of Prouince, and of Philip Valois king of Fraunce, where the eldest had all: which is by farre the surest for the estate, without respect unto the other legitimat children, which are not to have place, where question is of soueraigntie, or of demaines vnited to a Monarchy. For if - honourable fees be not to be diuided, by how much lesse can kingdomes + honourable fees be not to be divided, by how much lesse can kingdomes themselves, and soueraigne rights so bee? As dukedomes, counties, and marquisats, yea and in many places baronies also, are not suffered to fall into partition: prouided yet that the yonger brethren bee in some sort recompensed: @@ -47816,7 +47815,7 @@ resigned the earledome of Valois unto his younger brother Charls. And Charles the sixt the French king being dead, Charles of Angoulesme succeeded unto the dutchie of Orleans, and yet his sonnes sonne Iohn of - Angoulesme succeeded not unto the said dutchy of Orleans, Lewes the twelft hauing got the kingdome, annexing the same dukedome + Angoulesme succeeded not unto the said dutchy of Orleans, Lewes the twelft having got the kingdome, annexing the same dukedome unto the crowne. For they are deceiued which write Peter of Burbon, lord of Beauieu, to have succeeded his brother Iohn into the lands which hee had receiued from the kings his auncestors, by lawfull right rather than by the graunt and favour of king Lewes the eleuenth, whose sister Anne the said Peter had maried, whom he most entirely loued. And so Lewes the twelft was content also, that Susan @@ -47833,7 +47832,7 @@ for the king; howbeit that the duke had left two daughters his heires, unto whome were reserued onely the lands by their father purchased. All which was done to the intent so much as was possible, to - keepe the kingdome vndiuided, and so to come whole and entire unto the kings, + keepe the kingdome vndivided, and so to come whole and entire unto the kings, and not rent and torne, with the parts thereof as the limmes pluckt away: as it hath also bene wisely foreseene, and prouided for, in the dutchies of Sauoy, Milan, Loraine, Mantua,The reason why women inherit not @@ -47852,11 +47851,11 @@

But haply here some man may say, it to be expedient if the Monarchie be great, asGreat kingdome and monarchies, not to be with any - safetie diuided into many. were those of the Persians, the Romans, + safetie divided into many. were those of the Persians, the Romans, the Frenchmen, and the Spaniards; and that the prince or monarch have many children, or that there be many competitors, that then the surest way is to diuide it: so as did Augustus, Marcus Antonius, Sextus - Pompeius, who by lot diuided the Roman empire, and so of one great + Pompeius, who by lot divided the Roman empire, and so of one great Monarchie made three. And this expediencie should seeme unto me good, if that princes after that they had bounded out their frontiers, could bound out also their desires. But there are no mountaines so high, no @@ -47885,10 +47884,10 @@ able to endure a companion or partaker one of them with another in the soueraigntie. And albeit that Galeace the second, and Barnabas, two most - louing brethren, brought vp euen from their cradles together, hauing oftentimes + louing brethren, brought vp euen from their cradles together, having oftentimes endured like daungers; being both banished, and both at one and the selfe same time called home againe, and both two established lieutenants of the empire, - and alwayes companions in armes together; had equally diuided the principalitie + and alwayes companions in armes together; had equally divided the principalitie of Milan betwixt them, which they so held and defended, as that it seemed a thing impossible to seperat them a funder: yet at length Galeace onely for the ambitious desire of soueraigntie, most cruelly slue his said brother, together with all his children. So Abimelech the bastard slue threescore and nine of his brethren, that @@ -47916,7 +47915,7 @@ the blood, the places of lieutenants generall of their armies, either of the high constable: but rather unto some other of the meaner nobilitie, such as were Bertrand, Gueschlin, Oliver Clisson, Simon earle of - Montfort, with others of like qualitie, men of great seruice, and vnder whome + Montfort, with others of like qualitie, men of great seruice, and under whome the princes of the blood might march; and yet neuerthelesse without all hope of aspiring to the soueraigntie. So as did the auntient Romans, and namely Augustus, who amongst other the secrets of his gouernment, had this for one, Not to giue the place of a Generall, or of a Gouernour of the @@ -47960,7 +47959,7 @@ throat to be cut as hee was sleeping, and afterwards found him be worth thirtie millions of gold. But this is more to bee feared in a little kingdome or estate, than in a great: for that the subiects coupt vp as it were all in one - place, are the more easily kept vnder by the power of the stronger. So when Iames Appian prince of Sienna, too much favouring Peter Gambecourt, a man of base degree, had made him too + place, are the more easily kept under by the power of the stronger. So when Iames Appian prince of Sienna, too much favouring Peter Gambecourt, a man of base degree, had made him too great in honour and wealth, he was by him (before he was aware) thrust out of his estate. The like pranke Calippus serued Dion; Brutus, Caesar; Macrin, Caracalla; Maximinus, the emperour Alexander; Philip, the yong Gordianus: @@ -48043,7 +48042,7 @@ womannish intollerablenesse: whereas nothing is more daungerous unto an estate, than to have them which beare the soueraigntie contemned and derided of their subiects, of the maintenance of whose maiestie, dependeth the preseruation both - of the lawes, and of the estate, which should bee troden vnder foot for the + of the lawes, and of the estate, which should bee troden under foot for the womans sake, against whome there shall neuer want mockings, reproaches, slaunderous libels, and so in fine rebellions & civill war, especially if she (impatient of such vnworthy reproach) shall seeke @@ -48081,7 +48080,7 @@ queene of Naples (who of her vnchastitie was called Lupa, or a shee wolfe) stirred vp of her selfe, who most cruelly murthered three kings her husbands, and was therefore her selfe also strangled, as she well deserued. I speake not of the horrible and brutish lusts of Semyramis, the first that by a straunge meanes set foot - into the Assyrian Monarchy. For hauing obtained of the king, to have the + into the Assyrian Monarchy. For having obtained of the king, to have the soueraigne commaund but for one day, she the same day commaunded the king himselfe to be slaine. What should I say of Athalia queene of Iuda, who seeing her husband slaine, put to death all the princes @@ -48099,7 +48098,7 @@ second, who gaue that kingdome to Manfred his base sonne, whose daughter Constance marrying into the house of Aragon, kindled the fire of the warres which continued two hundred yeares, betwixt the houses of Aniou and Aragon; and could neuer bee quenched but with the great effusion of the blood - of many most valiant and worthy men; and all for hauing▪ giuen an entrance unto + of many most valiant and worthy men; and all for having▪ giuen an entrance unto a daughter into the succession of the kingdome of Naples. But when the colledge of cardinals saw the Christian Commonweale, and especially Italie, to have endured so many and so great slaughters, in so long and such mortall warres, @@ -48120,7 +48119,7 @@ (contrary unto the lawes and auntient customes of the countries) succeeded into the kingdomes of Norway, Sweden, and Denmarke. The like example was after also followed in the kingdome of Castile, whereinto Isabel of - Castile succeeded her father, hauing gained + Castile succeeded her father, having gained the favour of the nobilitie: who albeit that shee was one of the wisest princesses that euer were, yet did the estates of the countrey thereof complaine, and the people thereat grudge, complayning themselves, Neuer before @@ -48129,18 +48128,18 @@ to have bene done rather by force, than by any right; and that from that time the estates of Castile had protested, That it was contrary unto the lawes of the country. Which hasted the marriage betwixt Ferdinand - and the said Isabella, so to keepe the people vnder. And + and the said Isabella, so to keepe the people under. And albeit that Henry king of Castile, had by his last will and testament at the time of his death declared, That the kingdome of Castile after him belonged unto Lewes the ninth the French king▪ in the right of his mother Blaunch of Castile; and that the barons of Castile had writ unto the said French king, that he should come to take - possession of the kingdome: yet so it was, that hee neuer durst vndertake to + possession of the kingdome: yet so it was, that hee neuer durst undertake to lay claime unto the same, howbeit that he had the consent of the nobilitie of - the kingdome by letters vnder their hands and seales, which are yet to bee + the kingdome by letters under their hands and seales, which are yet to bee seene in the records of Fraunce. Now by the same craft that Isabel had wrested unto her selfe the kingdome of Castile, did Ferdinand the sonne of Leonore also gaine the kingdome of Arragon: as did also after him the earle of - Barcelone, hauing married Petronella the daughter of the + Barcelone, having married Petronella the daughter of the king of Arragon. Which happened also in the kingdome of Nauarre, whereunto Henry the Large, earle of Champaigne succeeded in the right of his wife, the king of Nauarres daughter: whose daughter and heire Ioane, married unto @@ -48217,7 +48216,7 @@ charge whatsoeuer. And in the fourth article it was set downe, That Philip prince of Castile should not carrie the queene his wife against her will out of the realme of England, neither the children begot betwixt them two: the which articles were confirmed by the estates of the land, - the second of Aprill, in the yeare one thousand fiue hundred fiftie three, + the second of Aprill, in the yeare one thousand five hundred fiftie three, where beside that which I have said, it was also more solemnly prouided, That the queene alone and of her selfe should enioy all the royalties, and soueraigne rights of the said realms, lands, countries, and subiects, @@ -48251,7 +48250,7 @@ religions sake went out of their countrey, into voluntarie exile and banishment. And yet beside all this, the fame was, how that the English men had conspired at one and the very selfe same instant, to have slaine all the - Spaniards: for that (as the report went) they vnder the colour of a marriage, + Spaniards: for that (as the report went) they under the colour of a marriage, and of religion, went about to aspire unto the soueraigntie of England. Neither was it to have bene doubted, but that the conspiracie of the English men had sorted to effect, or els that the Spaniards had effected their designes, and so @@ -48310,7 +48309,7 @@ most bitter griefe be felt. Frances duke of Alanson being sent for, came to take vpon him the gouernment of the Low countries, where he was with great ioy and - triumph receiued: but hauing no strong garrisons, no strong castles, nor cities + triumph receiued: but having no strong garrisons, no strong castles, nor cities to trust unto, neither could by my intreatie (who foresaw what would afterwards happen) be persuaded so to have; receiued such a slaughter and disgrace, as I cannot without much griefe remember the same. And to go farther, we have @@ -48347,7 +48346,7 @@ another: & so striuing for another bodies kingdome, oftentimes turne the queene from marrying at all. Yea sometimes also seeking euen by force of armes to have her: as did the wooers of Venda queene of - Russia, who hauing long ought who should have her, the victor thought at last by force to have obtained that which he by long sute and entreatie could not gaine: howbeit that she @@ -48418,7 +48417,7 @@ & collaterall line: after which point so by them gained, they began to succeed also unto lands and fees in the right line, and were preferred before the males in the collateral line: which manner of inheriting was by little and - little permitted to be vnderstnod, and extended also unto Honours, Dignities, + little permitted to be understnod, and extended also unto Honours, Dignities, Counties, Marquisats, Dutchies, Principalities, yea and at last euen unto Kingdomes. Howbeit that by the lawes of Fees, women were excluded from all succession in fee, although there were no heires male @@ -48461,7 +48460,7 @@ long agoe, since that in a suit in the parliament of Burdeaux, betwixt certaine gentlemen about the right of their gentrie; a will was brought out, written in most auntient letters, wherein the testator - diuided unto his sonnes his Salique land; which the judges interpreted to be + divided unto his sonnes his Salique land; which the judges interpreted to be his prediall fees, or reuenewes in land. Which was alwayes in Germanie observed also, vntill that the emperour Frederike the second gaue this priuilege as a singular benefit unto the house of Austria, That the line @@ -48474,7 +48473,7 @@ belonging unto himselfe. Which priuilege for women so to succeed, was afterwards extended unto the princes of the house of Bauiere also. Yet was there neuer people so effeminat, or cowardly, - as vnder the colour of succession in fee, to endure that women should step into + as under the colour of succession in fee, to endure that women should step into the soueraigntie: and yet lesse in Asia, and in Affrike, than in Europe. Howbeit that with whatsoeuer madnesse other princes and people have bene astonied, which have endured womens soueraigntie, yet have the Frenchmen (God @@ -48518,7 +48517,7 @@ best: as also amongst kings them to excell which bee descended from the race and stocke of kings: and in briefe, that in the royall race the neerest of the blood is still to be preferred before the rest that were farther off: and that - the soueraigntie (the female sexe excluded) ought to bee still vndiuided. Let + the soueraigntie (the female sexe excluded) ought to bee still vndivided. Let vs now also at last see how itIustice the foundation of all Commonweales: ought to be gouerned, as whether by iustice Distributiue, Commutatiue, or Harmonicall. For why, the fairest conclusion that @@ -48568,7 +48567,7 @@ that which holdeth most, or commeth neerest unto this Harmonicall Iustice, is of others the most perfect. Which things for that they may seeme obscure, neither are to my remembrance by any mans writings declared; I must endeuor my - selfe that they may by manifest and plaine demonstration be vnderstood. Iustice + selfe that they may by manifest and plaine demonstration be understood. Iustice therefore I say to be The right diuision of rewards The definition of Iustice. @@ -48586,9 +48585,9 @@

- Plato hauing presupposed the best forme of a + Plato having presupposed the best forme of a Commonweale, to be that which was composed of a Tyrannicall and Popular estate: - in framing the same, is contrarie unto himselfe, hauing established a + in framing the same, is contrarie unto himselfe, having established a Commonweale not onely Popular, but altogether also Popularly gouerned; giuing unto the whole assembly of his citisens, the power to make, and to abrogat lawes, to place and displace all manner of officers, to determine of peace and warre, to iudge of the goods, the @@ -48597,7 +48596,7 @@ we say) formed his Commonweale, yet neuerthelesse hee said▪ That the Commonweale could neuer be happie, if it were not by Geometricall proportion gouerned; saying that God (whome euerie wise lawmaker ought to imitat) in the - gouernment of the world alwayes vseth Geometricall proportion. The same Plato hauing also (as some say) oftentimes in his mouth + gouernment of the world alwayes vseth Geometricall proportion. The same Plato having also (as some say) oftentimes in his mouth these three words, @@ -48621,13 +48620,13 @@ Cyrus yet a boy, corrected and chastised, for that he being chosen king, had chaunged but the seruants garments, appointing better apparell unto them of the better sort, and - meaner unto them of the meaner sort: as hauing therein regard unto decencie, + meaner unto them of the meaner sort: as having therein regard unto decencie, and the proportion Geometricall. After which chastisement, Cyrus is by his maister taught, to giue unto every man that which unto him belongeth, and to remember that he was a Persian borne, and was therefore to vse the Persian lawes and customes, which gaue unto every man that which was unto him proper: and not the manners and fashions of the Medes, who thought it meet, that to be unto every man giuen, which was decent and convenient for him. - Which writings of Xenophon, Plato hauing read, and + Which writings of Xenophon, Plato having read, and knowing right well that it was himselfe, and not Cyrus, which had bene corrected; forthwith reproued the Cyropaedia, without naming of any partie. This diuersitie of opinions, betwixt Xenophon and Plato (famous among the Greeks) was the cause of two great factions, the @@ -48641,7 +48640,7 @@ question were of common rewards to be bestowed out of the common treasure, or for the diuision of countries conquered, or for the inflicting of common punishments, that then Distributiue, or Geometricall Iustice, was to be - observed and kept, hauing regard unto the good + observed and kept, having regard unto the good or euill deserts, and the qualitie or calling of every man: insomuch that these men vsed two proportions, and yet for all that diuersly, sometime the one and sometime the other: as Aristotle said it ought to be @@ -48653,13 +48652,13 @@ distribution of Iustice, or for the gouernment of the Commonweale: which for all that is of the rest the most diuine, and most excellent and best fitting a Royall estate; gouerned in part Aristocratically, and in part Popularly. But - forasmuch as this point we heare speake of, euill vnderstood, draweth after it + forasmuch as this point we heare speake of, euill understood, draweth after it a number of errours, whether it be in making of laws, or in the interpretation of them, or in all sorts of - iudgements; and to the end also that euerie man may vnderstand, that this third + iudgements; and to the end also that euerie man may understand, that this third opinion of Aristotle can no more be maintained than the other; it is needfull for vs to borrow the principles of the Mathematitians, and the Lawyers resolutions. For why, it seemeth that the Lawyers for not - regarding the Mathematitians, and Philosophers, as not hauing iudicial + regarding the Mathematitians, and Philosophers, as not having iudicial experience, have not declared or manifested this point, which is of right great consequence (as I have said) and that as well for the administration of Iustice, as for the maintaining of the affaires of state, as also of the whole @@ -48685,7 +48684,7 @@ differing. And the proportion Harmonicall beginneth of 3 also, but the differences are not alwayes alike, neither altogether equall also, but therein is both the one and the other sweetly mixt and combind together▪ as may well by Mathematicall demonstrations - be vnderstood, whereinto it is not needfull for vs further at this time to + be understood, whereinto it is not needfull for vs further at this time to enter: howbeit that certaine markes of them manifest enough, are in the auntient Roman lawes to be found; and by numbers in Geometricall proportion set downe and reported. But the difference of the GeometricallThe difference betwixt Geometricall and Arithmeticall proportion. @@ -48810,7 +48809,7 @@ semblablenesse, or Arithmeticall confusion, inuert or trouble, he shall so take from out of the feast all the profit, all the sweetnesse, and loue, which should still be amongst guests. And for thisScipio blamed - for hauing vsed the Geometricall proportion in the placing of the Senators + for having vsed the Geometricall proportion in the placing of the Senators in the Theater. cause men say, Scipio Africanus to have bene blamed by the wiser sort of men, and such as saw farthest into matters of state, for @@ -48924,9 +48923,9 @@ same proportion of the first unto the second, which is of the third unto the fourth; and againe of the first unto the third, which is of the second unto the fourth. And albeit that a continuat - proportion is more pleasing than that which ariseth of diuided numbers, yet + proportion is more pleasing than that which ariseth of divided numbers, yet maketh it of it selfe no consent; as for example, 2, 4, 8, 16: and much lesse - if it consist of Arithmeticall proportions, whether that they be diuided in + if it consist of Arithmeticall proportions, whether that they be divided in this sort, 2, 4, 5, 7, or els ioyned as 2, 4, 6, 8: both which proportions as farre differ from Harmonicall proportion, asGeometricall or Arithmeticall gouernment alone, no maintaine a Commonweale. doth warme water from that which is most cold, or else scaulding hoat. And so in like case may we say, that if the prince, or the nobilitie, or the people, all together - hauing the soueraigntie, whether it be in a Monarchy, in an Aristocratike, or + having the soueraigntie, whether it be in a Monarchy, in an Aristocratike, or Popular estate, gouerne themselves without any law, leauing all unto the discretion of the magistrats, or else of themselves distribute the rewards and punishments, according to the greatnes, qualitie, or desert, of every man; howbeit that this manner of gouernment might seeme in apparance faire and good, - as not hauing therein either fraud or favour (a thing for all that impossible:) + as not having therein either fraud or favour (a thing for all that impossible:) yet for all that could not this maner of gouernment be of any continuance, or assurance, for that it hath not in it any bond wherewith to bind the greater unto the lesser, nor by consequence any accord at all: and much lesse shall it @@ -49008,7 +49007,7 @@ on the contrarie side vtterly reiected, seeking by all meanes to be therefrom free & priuileged: as they who with their wealth & power defended the Commonweale; and therefore thought it reason in honours and preferments, to bee - aboue them of the inferiour sort: who indeed hauing so got the great estates + aboue them of the inferiour sort: who indeed having so got the great estates and principall charges in the Commonweale, alwayes favoured the richer sort, and them that were like unto themselves, still contemning and oppressing the poore. Whereof proceeded the hard speeches and complaints of them of the meaner @@ -49019,13 +49018,13 @@ power, who themselves loosed and discharged from all feare of lawes, turned all the penalties thereof vpon the poore people. Which their insolencie that it might not still endure, he said, He would publish a law for the creating of - Fiue men, for to appoint lawes concerning the power of the Consuls, who from + five men, for to appoint lawes concerning the power of the Consuls, who from thenceforth should not vse further power, than that which the people should giue them ouer themselves, and not to have their lust and insolencie any more for law. Six yeres was this law with great contention and strife betwixt the nobilitie and people debated, and at length in the behalfe of the people established. But here it shall not bee amisse out of Liuie to set downe the very speeches and complaints of the nobilitie, - accounting it better to live vnder the + accounting it better to live under the soueraigne power of a king without law, than to live in subiection unto the law, Regem hominem esse à quo impetres vbi ius, vbi iniuria opus sit, esse gratiae locum, esse beneficio, & irasci, & ignoscere @@ -49049,7 +49048,7 @@ left for pardon or arbitrarie iudgement, to be giuen according unto equitie and conscience without law. As it also happened, after that king Frauncis the first had subdued Sauoy, the new Gouernours and Magistrats oftentimes gaue iudgement contrarie unto the - custome of the countrey, and written law, hauing more regard unto the + custome of the countrey, and written law, having more regard unto the equitieNothing more contrary unto the minds & proceedings of favourable or corrupt judges, than to have their iudgements bound unto the strictnesse of the law. of causes, than unto the law. @@ -49172,7 +49171,7 @@ Bartholemew, one of the Presidents of the enquiries in the parliament of Thoulouze, in that the councellors of his chamber, his fellow judges, would have giuen iudgement - contrarie unto the law: he hauing caused all the rest of the judges of the + contrarie unto the law: he having caused all the rest of the judges of the other courts to bee assembled, by an edict then made at the request of the kings subiects, compelled the iudges his fellowes, in their iudgements to follow the law: Which law when it should seeme unto the court vniust, they @@ -49196,7 +49195,7 @@ seemeth unto me to have bene deceiued, in saying, That the judge which hath the arbitrarie power to iudge according to his owne mind, may if hee so please iudge vniustly: an opinion contrarie unto the law both of God and nature, and of all other lawyers - also reiected: who are all of aduise, That a judge hauing arbitrary power to + also reiected: who are all of aduise, That a judge having arbitrary power to iudge according to his owne good liking, is not to be fined, howbeit that he have vniustly iudged: prouided that he have therein done nothing by fraud or deceit. And by the law of Luitprand king of the @@ -49258,7 +49257,7 @@ three words, which so cut off all the deceits that could against the same lawes be imagined or deuised. Wherefore it is a most pernitious thing, to gather together the decrees or iudgements of any court, to publish the same, with out - hauing red them in the records themselves, or knowing the reasons that induced + having red them in the records themselves, or knowing the reasons that induced the court to make the decree, which the judges oftentimes cause to bee recorded apart from the sentence or iudgement, least any should be thereby deceiued. Howbeit that it is @@ -49332,13 +49331,13 @@ which aboundeth in this realme, may helpe to encrease the multitude of suits: so it is▪ that there were a great many moe in the time of Caesar, and yet moe than there was then - about fiue hundred yeares before, as he himselfe writeth in the sixt booke of + about five hundred yeares before, as he himselfe writeth in the sixt booke of his Commentaries. And Iosephus in the Oration of Agrippa, sayth, That there were aboue three hundred nations in Gaule: And yet neuerthelesse Cicero writing unto Trebatius the lawyer (then one of Caesars lieutenants) meerely saith, him to have gained but a few in France to his occupation. Wherefore they which have brought in such a multitude of lawes, as thinking thereby to cut vp all deceit by the roots, and so to - restraine suits: in so doing imitat Hercules, who hauing + restraine suits: in so doing imitat Hercules, who having cut of one of Hydraies heads, see seuen others forthwith to arise thereof. For euen so one doubt or suit being by law cut off▪ wee see seuen others of new sprung vp, of that heape @@ -49417,14 +49416,14 @@ had seene a murder done, telling him, That hee could not in that case be iudge. Which selfe same aunswere was also giuen unto king Henry the second of Fraunce, by the judges who were extraordinarily appointed to - iudge of diuers causes at Melun, where the king hauing himself taken an Italian + iudge of diuers causes at Melun, where the king having himself taken an Italian (one with whom he was familiarly acquainted) in a fact deseruing death, committed him to prison; who soone wearie of his imprisonment, preferred a request unto the judges, That for asmuch as he was not conuict of any crime, neither yet so much as by any man accused, hee might therefore as reason would, be discharged and set at libertie. Whereupon Cotellus chiefe judge of the court, with three other - of the judges went unto the king, to vnderstand of him what occasion he had for + of the judges went unto the king, to understand of him what occasion he had for the imprisonmēt of the man, or what he had to lay unto his charge? Whom the king commaunded to bee forthwith condemned, for that he himselfe had taken him in such a fact as well deserued death, which yet hee would not discouer. @@ -49467,7 +49466,7 @@ reserued. Rome unto the Great Prouost, as we have before said; but by the law of God was reserued unto the High Priest; or unto him that was by God chosen to bee soueraigne judge of the people: or in their absence unto the Leuites. Which power in the latter times of the Iewes - Commonweale (and about two hundred yeares before Christ, vnder the latter + Commonweale (and about two hundred yeares before Christ, under the latter princes of the house of the Asmoneans) was by custome, but not by law, giuen unto the Senat of the wise Sages. As amongst the Celts our auncestours, the Priests and Druides, for @@ -49490,7 +49489,7 @@ who was still resiant in the great citie of Tauris. So had the Tartars theirs in the famous citie of Samarcand: and the kings of Afrike euerie one of them their Great Bishops also: who at Athens were called Nemophylaces, and in other places Thesmothetae. - Whereby it is to be vnderstood, that such masters and interpretors of equitie + Whereby it is to be understood, that such masters and interpretors of equitie when law aileth, ought still to be most wise and vpright men, as also in most high authoritie @@ -49522,7 +49521,7 @@ commonly annexed unto all penall edicts and laws; were to no purpose, but to be quite omitted, & the matter left unto the discretion of the magistrat, at his pleasure to aggrauat or ease the fine or penaltie. Yea that law common unto al nations, - whereby it is prouided, That the partie condemned not hauing + whereby it is prouided, That the partie condemned not having wherewith to pay the fine due for the fault by him committed, should satisfie @@ -49543,7 +49542,7 @@ the rich man by Geometricall proportion of Iustice, to be much more grieuously fined than the poore: and so contrariwise the Arithmeticall proportion of Iustice, in the imposing of penalties and fines, to be the meanes for the rich - to vndoe the poore, and all vnder the colour of iustice. Which inconueniences + to vndoe the poore, and all under the colour of iustice. Which inconueniences our auncestors foreseeing, by laws gaue leaue unto the judges, beside the ordinarie fines, to impose extraordinarie fines also vpon offendors, if the weightinesse of the cause so require: which maner of proceeding the antient @@ -49554,7 +49553,7 @@ yet vsed by the Roman lawes: which drawethHarmonical proportion of iustice best. very neere unto the true Harmonical Iustice, if by the same lawes it were permitted unto the judges, or at - leastwise unto the soueraigne courts to deminish also the fine, hauing regard + leastwise unto the soueraigne courts to deminish also the fine, having regard unto the equalitie and condition of the poore and simple, as they alwayes do in the parliament at Roan. And whereas the receiuers of the fines requested of the the king, That it might bee lawfull for the judges to encrease, but not to @@ -49565,7 +49564,7 @@ I then was a partie for the king) and amongst other things, to request him, That it might please his maiestie, not to constraine them to condemne all such as should rashly appeale unto the superiour courts, in the selfe same fine of threescore pound Paris: which unto - me seemed a thing vnreasonable, hauing also in antient time before bin done, by + me seemed a thing vnreasonable, having also in antient time before bin done, by an edict of the emperor Claudius. In which doing the true Harmonicall Iustice should be observed and kept, which in part equall, in part semblable, are alike; there should be an equalitie betwixt men of the @@ -49589,9 +49588,9 @@ punishments, according to the diuersitie of the offendors; as unto a Duke, an Earle, a Baron, and a Bishop, a fine of an hundred pound, the Banaret fiftie pound, the Knight and pettie Landlard fortie, Deanes, Archdeacons, Abbats, - & other clarkes, hauing dignities or ecclesiasticall preferments, 25 pound: + & other clarkes, having dignities or ecclesiasticall preferments, 25 pound: unto the other lay men offending, of what estate soeuer they were, if they were - worth a thousand pound, was appointed a fine of twentie fiue dound: and if they + worth a thousand pound, was appointed a fine of twentie five dound: and if they were worth lesse, they were to pay an hundred shillings: the other clearkes without dignitie or promotion, were they secular or religious that offended against the law, paid the fine of an hundred shillings, as did the others, @@ -49631,7 +49630,7 @@ poore, of noble or base: amongst whome yet it had bene no hard matter to have kept the Geometricall proportion, as neerest unto true iustice, every mans wealth beeing with them enrolled in the Censors bookes: whereas with vs at this - present it were a thing most hard, or rather impossible so to do▪ as hauing no + present it were a thing most hard, or rather impossible so to do▪ as having no Censors, by whom mens wealth might be reasonably knowne. But the Popular estate of the Roman Commonweale still sought after the Arithmeticall equalitie of lawes and penalties. Which equalitie the estate being chaunged into a @@ -49714,7 +49713,7 @@ and Poets in opinion agree, and have alwaies more easily punished the noble than the baser sort: (howbeit that the most easie punishment of all may unto a noble man seeme most great) that so others may bee the more enflamed unto - vertue, and the loue of true nobilitie, when as they shall vnderstand the + vertue, and the loue of true nobilitie, when as they shall understand the remembrance of the infinit rewards of the vertue of most famous men, and such as have well deserued of the Commonweale being also dead, yet still to redound unto their posteritie. But here I measure nobilitie by vertue, & not by mony, the @@ -49743,10 +49742,10 @@ foure times more grieuously fined, than if a Salian had wronged a Saxon or a Frizlander. So also by the lawes of Alphonsus the tenth, king of Castile, a wrong done unto a noble man - was fined at fiue hundred shillings, and a wrong done unto a common person at + was fined at five hundred shillings, and a wrong done unto a common person at three hundred. And by the like law of Charles the Great, he that had slaine a subdeacon was fined at three hundred shillings, if a - deacon at foure hundred shillings, if a priest▪at fiue hundred, if a bishop at + deacon at foure hundred shillings, if a priest▪at five hundred, if a bishop at nine hundred: which penalties (the authoritie of the bishops being encreased) were doubled. I here speake not of the equitie or iniquitie of these lawes, but vse them onely as examples, to shew that Arithmeticall Iustice by the lawes of @@ -49771,13 +49770,13 @@ man most famous not onely in his issue, but also for his wealth, honours, vertue, and deepe knowledge in the law, is releeued euen by the equitie of his sentence; whereby he depriued the said president of all his honours and goods, - and afterward hauing caused him to bee most shamefully set vppon the pillorie + and afterward having caused him to bee most shamefully set vppon the pillorie naked, and marked in the face with an hoat yron, to bee banished. But for that his clearke and domesticall seruant, and minister of such his villanies, was - but a base and obscure fellow, hauing neither goods nor office to loose, + but a base and obscure fellow, having neither goods nor office to loose, neither much regard of his good name, he could not otherwise worthily be punished than by death, - hauing so well deserued the same. Whereas had he bene his slaue, he had bene + having so well deserued the same. Whereas had he bene his slaue, he had bene more to have bene favoured, for that then he must of necessitie have obeyed his maister. Neihad the president bene so grieuously punished, had he not being a judge, unto his most base and corrupt dealings ioyned also most shamefull @@ -49829,8 +49828,8 @@ more stirred vp unto vertue; it is a common opinion, and almost of euerie man receiued: but not yet altogether true. For that in right Geometricall proportion, the noble man forThe noble man for his offence - hauing lost his honour and reputation, to be as grieuously punished, as the - common person that is whipt. his offence hauing lost his honour and + having lost his honour and reputation, to be as grieuously punished, as the + common person that is whipt. his offence having lost his honour and reputation, is as grieuously indeed punished, as is the base companion that is whipt, who cannot indeed of the honour and reputation which he hath not, loose any thing: as children and women are no lesse hurt with a soft ferula, than are the strong with cudgels or whips. And @@ -49854,8 +49853,8 @@ offendeth in his owne vocation, and in such things as whereof he is himselfe a keeper, ought to bee therefore the more grieuously punished than others: for that his offence is therein the more grieuous. And therefore Metius the Dictator of the Albans, was by the commaundement of Tullus Hostilius, with foure horses drawne in peeces, for - hauing broken his faith with the Romans. And Solon - hauing caused his lawes to be published, and sworne by all the Athenians, + having broken his faith with the Romans. And Solon + having caused his lawes to be published, and sworne by all the Athenians, appointed the Areopagits to be the keepers and interpretors thereof; and if they should breake the same, to pay therefore a statue of gold of the weight of themselves. Now had Aristotle himselfe neuer so little a while bene a judge, @@ -49881,7 +49880,7 @@ another, and in this our age than in antient time, wise lawmakers have bene constrained to chaunge their pecuniarie punishments or fines, according to the varietie of times & places. In the flourishing time of the Roman - Commonweal, & namely vnder Traian the emperor (who + Commonweal, & namely under Traian the emperor (who is reported to have extended the bounds of that great empire farthest) he was by the law accounted a poore man, which was not worth fiftie A crowne was then as much worth as the Roe noble is now. Who was by the auntient Roman lawes @@ -49895,7 +49894,7 @@

But when the lawes of the Twelue Tables were made, the pouertie of men was so great, as that he was accounted a right rich man, which was worth a pound of gold. And therefore the Decemuiri by those lawes set downe a fine of twentie - fiue Asses, or small peeces of brasse, for him which should with his fist giue + five Asses, or small peeces of brasse, for him which should with his fist giue any man a blow vppon the face: which was an heauie penaltie (as the world then went) for that it was by Arithmeticall proportion indifferently exacted of all men alike. But after that mens wealth @@ -49905,7 +49904,7 @@ pleasure to giue such as he thought good, as he met them in the streets, a good and sound buffet or box; on the eare and so by and by commaunded a slaue, which carried a bagge full of such small coyne after him, to pay unto him whome hee - had so strucken twentie fiue of those small brasen peeces, the ine set downe in the xii Tables: which was the cause that the law was abrogated, and order taken, that from thenceforth every man should esteeme the iniurie unto himselfe done yet with power still reserued @@ -49928,7 +49927,7 @@ which he gaue unto the people more gratious, amongst the musitians brought in also vpon the stage a dauncing trull there to daunce; yet before she entred, paying the aforesaid fine of an hundred crownes by the law set downe, which was indeed nothing else but a mockerie of - the law, and a cause for others also to tread both it and the rest vnder foot. + the law, and a cause for others also to tread both it and the rest under foot. VVhich inconueniences the Polonians to auoid (for that almost all the penalties of their lawes are fines in money) alwaies ioyne unto their lawes these or like words, Lex haec quia poenalis est annua esto, This law @@ -50001,7 +50000,7 @@ drew after it, punishing with death him that had falsified but the least scedule of an hundred shillings, as well as him that had falsified the decrees of the court, or the kings seale, or borne false witnesse to condemne the - innocent; as also for a meere civill cause, where question were but of fiue + innocent; as also for a meere civill cause, where question were but of five shillings: and all without regard or difference of persons. Neither is the law of Venice any better or vpright, which appointeth no lesse punishment for falsifying and forgerie, than the @@ -50013,9 +50012,9 @@ shall for the first time be condemned in foure times the value, and three dayes shamefully to bee carried about with a paper myter vpon his head: and for the second time to have his hand cut off: and for the third time to be burnt. But - if the cause exceeded twentie crownes, and so unto the summe of fiue hundred, + if the cause exceeded twentie crownes, and so unto the summe of five hundred, that then he should for the first time have his hand cut off, and for the - second time be burnt. But if so be that the matter exceeded fiue hundred + second time be burnt. But if so be that the matter exceeded five hundred crownes, that then the judge for the first time might deale with him according to his discretion, but that for the second offence the forger should be burnt. Wherein both the Geometricall & @@ -50048,7 +50047,7 @@ instant="false"/> Popular estates, but especially in Italie, much troubled. By the law of the Venetians hee that shall so strike any man, as that he shall draw blood of him, - is therefore to pay twentie fiue pound: but if he kill him, he is therefore to + is therefore to pay twentie five pound: but if he kill him, he is therefore to be hanged. Which law if it might every where take place, how many men should we find like unto Neratius, who vppon such a price would soundly buffeLatro, vnderstood him whom we + but they then by the word Latro, understood him whom we cal an Assasin, or Murtherer, which killeth men vpon the high way: but as for him which but robbeth passengers, the law calleth him Grassatorem, and willeth him also to bee condemned to death, but yet not hanged as the murtherer. Which wee have here the more precisely set downe, to note the errour of Accursius and some other the learned lawyers, who call him also Latronem, or a robber, whome the Latines call Furem, or a theefe; making them as it were all one: - and hauing in part therein giuen occasion for men to punish theeves with more + and having in part therein giuen occasion for men to punish theeves with more grieuous punishment than haply were meet and convenient, viz. with death.

The like absurditie is seene almost in all the lawes of Italie: as in that of Venice concerningThe vnreasonable law of the Venetians for the punishing of thef. theft, which willeth - to put out one of his eies which shal steale any thing worth aboue fiue pound, + to put out one of his eies which shal steale any thing worth aboue five pound, unto ten; and from ten unto twentie, to put out one of his eyes, and to cut off one of his hands: and from twentie unto thirtie to put out both his eyes, and from thirtie to fortie to loose his eies & an hand: but if he shall steale aboue the summe of fortie pounds, then to be punished with death. An vnreasonable law truly, not onely for the rigour and hardnesse thereof, and the confused manner of the persons so to be equally punished, but euen in this respect also, that - he which hauing the meanes out of a great masse of gold, to steale a thousand + he which having the meanes out of a great masse of gold, to steale a thousand pounds, and yet contenteth himselfe with fiftie, shall therefore be punished with death: and hee that breaketh an emptie chest, with an intent to have taken away a great summe of money if he could, shall yet escape vnpunished. The same @@ -50150,10 +50149,10 @@ (at such time as the Torresans held that Seigneurie) whereby it was decreed, That a gentleman might for a certaine fine be acquited for the killing of a base or common person: the common people therwith enraged, rise vp all in a - mutinie, & hauing driuen out the nobilitie possessed themselves of the + mutinie, & having driuen out the nobilitie possessed themselves of the Seigneurie. As for the author of the law Napus Tarresan, he by them cast in prison, there miserably died eaten vp with lice, and that - worthily, for hauing therein so much contemned the law of God, which forbiddeth + worthily, for having therein so much contemned the law of God, which forbiddeth to have pitie vpon the wilfull murderer, commaunding him to be drawne euen from his sacred alter and put to death: yet leauing unto the discretion of the magistrat the manner of his execution, according to the greatnesse of the murder committed; to the end that the equalitie of @@ -50161,7 +50160,7 @@ instant="false"/> offences to deserue more grieuous punishments. punishment common to all murderers by Arithmeticall proportion of iustice, should so by Geometricall proportion be - moderated, hauing respect unto the circumstances of the place, of the time, and + moderated, having respect unto the circumstances of the place, of the time, and of the persons, which are infinit. For men right well knowe, that he which wilfully killeth a man (as lying in wait for him) is more grieuously to be punished, than he which killeth a man in his rage and choler: and hee which @@ -50175,7 +50174,7 @@ which shall kill his prince, more than all the rest. Of which varietie of cases ariseth an incredible varietie of capitall punishments to bee vpon the offendors inflicted. The same we may say also of such persons as are still - vnder the guard and protection of other men, of whome they cannot possibly be + under the guard and protection of other men, of whome they cannot possibly be aware; as the pupill of his tutor, the wife of her husband, the sicke patient of his physitian; the guest of his hoast, betwixt all whome faith is much more required: in which cases the murderers are still more grieuously to be @@ -50215,7 +50214,7 @@ condemned, as deserued much lesse than the penaltie of the law being equal unto all: and some others againe acquited, which deserued ten times more: besides that, sometimes also diuers most vnlike crimes some great, some lesse, and some - almost none at all, are vnder one law passed, and so with the selfe same paine + almost none at all, are under one law passed, and so with the selfe same paine punished. As by seuen articles of the Salique law, robbers, poisoners, adulterers, burners of houses, and such as have slaine or sold a natural French man, or have digged vp the bodie of the dead, are all condemned in the selfe @@ -50239,7 +50238,7 @@ How the words of the law, A tooth for a tooth, a hand for a hand, and an eye for an eye, are to be - vnderstood. which hath malitiously put out his eye which had but one, + understood. which hath malitiously put out his eye which had but one, to suffer the like if but one eye be therefore taken from him also? Wherefore hee is to bee quite depriued of his sight, that is to say, requited with like; which cannot be, but by putting out of both his eyes: except the blind man may @@ -50252,7 +50251,7 @@ great punishments, meane with meane, and so little offences also lightly: which they also meant, when they said, A hand for a hand, a tooth for a tooth, and an eye for an eye. And so the auntient Hebrewes, the best interpretors of God his - law, have vnderstood it, expounded it, and also practised it: as is in their + law, have understood it, expounded it, and also practised it: as is in their Pandects to be seene, in the Title of Penalties. Yea Rabi Kanan denieth the law of like punishment to have any where in the cities of the Hebrewes taken place, in such sort, as that he should have an eye @@ -50268,7 +50267,7 @@ It should also thereof folow more absurdly, that many delicat and tender persons, in receiuing of such wounds as he had giuen to others, should thereof themselves die and perish. Besides that also, he which had the harme done him, - hauing lost his hand wherewith he should get his liuing, if the others hand + having lost his hand wherewith he should get his liuing, if the others hand were also to be for the same cut off; he so wanting his hand wherewith to get his liuing, might haply so starue. Wherfore such a literall exposition of the law of like punishment, by Aristotle and Fauorin deuised, is but vaine and deceitfull. But Aristotle who so much blameth the law of likeArithmeticall proportion of iustice not indifferent in @@ -50359,14 +50358,14 @@ priuat mens right and interest, and so in pure civill causes, as well as when question is of penalties and fines: as also that Arithmeticall equalitie and proportion is therein most of all vniust. And therefore Iustinian the emperor publishing the law concerning vsurie, ordained, - That the nobilitie should not take aboue fiue in the hundred, the marchants + That the nobilitie should not take aboue five in the hundred, the marchants eight in the hundred, corporations and colledges ten, and the rest six in the - hundred: and particularly that none should exact of the husbandman aboue fiue + hundred: and particularly that none should exact of the husbandman aboue five in the hundred. Which law let it seeme in Aristotle his iudgement vniust, yet doth it carrie a good shew of that Harmonicall Iustice which wee seeke after, tempered of Arithmeticall and Geometricall proportion: Arithmeticall equalitie being - therein observed amongst the noble men, who are all vnder one article + therein observed amongst the noble men, who are all under one article comprised, the great, the meaner, and the least: the marchants in another both rich and poore: and the countrey men in another article, howbeit that they much differ one of them from another: and the rest of the sub vnlike themselves, concerning every priuat mans right and interest: all which Iustinian the emperour had thought - himselfe to have beene able to have comprehended vnderThat + himselfe to have beene able to have comprehended underThat which toucheth every priuat mans right & how farre it concerneth him, is not possible to be set downe in law, but better to be left unto the discretion of the judge. one law. And therefore that which toucheth @@ -50410,12 +50409,12 @@ very countrey men and labourers, by a certaine naturall reason well deeming, that they ought oftentimes to take lesse for their hier of the poore than of the rich, howbeit that they take as great paines for the one as for the other. - So the Surgeon which taketh of the rich man fiue hundred crownes to cut him of - the stone, haply taketh of the poore porter no more but fiue: and yet for all + So the Surgeon which taketh of the rich man five hundred crownes to cut him of + the stone, haply taketh of the poore porter no more but five: and yet for all that in effect taketh ten times more of the poore man than of the rich: For the rich man being worth fiftie thousand crownes, so payeth but the hundred part of his goods, whereas the poore man being but - worth fiftie crownes, paieth fiue, the tenth part of his substance. Whereas if + worth fiftie crownes, paieth five, the tenth part of his substance. Whereas if we should exactly keepe the Geometricall or Arithmeticall proportion alone, the patient should die of the stone, and the Surgion for lacke of worke starue: whereas now by keeping the Harmonicall mediocritie, it goeth well with them @@ -50428,7 +50427,7 @@ Harmonicall proportion to be vsed by the iudges euen in taking of their fees. easily passe ouer, who for adiudging the lawful - possession of a litigious benefice, hauing for his owne fees set downe thirtie + possession of a litigious benefice, having for his owne fees set downe thirtie crownes, whereas his duetie was but three, and appeale therefore by the partie grieued made unto the higher court; was thither sent for; where he being by Ranconet President of the court hardly charged for the wrong by him done: aunswered, That it was a good fat benefice that he had giuen @@ -50462,7 +50461,7 @@ lives as they doe at Amboise and Aniou; and yet dealing therein more favourably with the women, who hold that unto themselves in proprietie, which the yonger brethren have but for tearme of life. Neither is the custome of the Germans - much lesse vniust, who hauing abrogated the + much lesse vniust, who having abrogated the old law, where of Tacitus maketh mention, diuide the inheritance equally amongst their sonnes, making the eldest and the youngest both equall in the succession of their inheritance, according unto @@ -50597,7 +50596,7 @@ if it be royally ordered and gouerned, that is to say, Harmonically; there is no doubt but that of all other estates it is the fayrest, the happiest, and most perfect. But here I speake not of a lordly monarchie, where the Monarch, - though a naturall prince borne, holdeth all his subiects vnderfoot as Slaves, + though a naturall prince borne, holdeth all his subiects underfoot as Slaves, disposing of their goods as of his owne: and yet much lesse of a tyrannicall monarchie, where the Monarch being no naturall Lord, abuseth neuerthelesse the subiects and their goods at his pleasure, as if they were his verie Slaves; and yet worse also when he maketh them Slaves unto @@ -50638,7 +50637,7 @@ dangerous, not unto the common peaple only, but euen unto the nobilitie & prince also: who may so stil stand in feare of the discontented vulgar sort, which is alwayes farre in number moe than is the nobilitie or the rich: and - hauing got some seditious leader, and so taking vp of armes, becommeth the + having got some seditious leader, and so taking vp of armes, becommeth the stronger part, and so sometimes reuolting from their prince, driueth out the nobilitie, and fortifie themselves against their princes power: as it happened among the Swissers, and in other auntient Commonweales by vs before noted. The @@ -50658,7 +50657,7 @@ meane officers of townes, or of some small iurisdictions. Wherein he shall so keepe the Geometricall proportion, and Aristocraticall gouernment. Which manner of gouernment for all that is yet faultie, howbeit that it be more tollerable than the former Popular - Arithmeticall gouernment, as hauing in it some equall and semblable proportion: + Arithmeticall gouernment, as having in it some equall and semblable proportion: For as the office of the Constable is proper unto a great Lord, so is also the office of a Sergeant unto a poore base fellow. But forasmuch as there is no sociable bond betwixt the prince and the porter; so also is there not any @@ -50726,7 +50725,7 @@ the people, That hee was the first new man (now they then called him a new man, who the first of his house and familie had obtained honours) who of them of his ranke had obtained to be Consull: and that the - people vnder his conduct had cut in sunder and for euer after laid open for + people under his conduct had cut in sunder and for euer after laid open for vertue that honourable place, which the nobilitie had before with strong garrisons holden, and by all meanes shut vp. So that it ought not to seeme strange if the Commonweale were then troubled with the seditions of the people, @@ -50759,7 +50758,7 @@ left the gouernment and soueraigntie of the townes and cities by him conquered, unto them of the richer sort and of best abilitie: wisely deeming, that they would be more carefull for the preseruation and keeping of them, than would the - poore, who hauing not much to loose, had no great interest therein. Now if two + poore, who having not much to loose, had no great interest therein. Now if two or three magistrats were to bee chosen, it were better to ioyne a noble man with a commoner, a rich man with a poore, a young man with an old; than two noblemen, or two rich men, or two poore men, or two young men together; who @@ -50832,7 +50831,7 @@ maketh an eight; one to three, a twelft, holding the fift and the eight; & one to foure, a double eight, or Diapason: which containeth the whole ground and compasse of all tunes and concords of musicke, - beyond which he which will passe unto fiue, shall in so doing marre the + beyond which he which will passe unto five, shall in so doing marre the harmonie, and make an intollerable discord. So may one say of a point to a line, as also of the plaine superficies, and of the solid bodie also of any thing. Now the soueraigne prince is exalted aboue all his subiects, and exempt @@ -50847,7 +50846,7 @@ some sort rest: which order and estate is also composed both of the noble and vnnoble. And in the third and last, are set the common people of all sorts and vocations, as schollers, marchants, artificers, and labourers: euerie one of - which estates hauing part and interest into the offices and honourable + which estates having part and interest into the offices and honourable charges of the Commonweale, with great respect and regard still to bee had unto the merits and deserts, as also unto the qualitie of the persons, there may therof be formed a pleasant harmonie of @@ -50860,10 +50859,10 @@ place, Reason the next, the Angrie Power desitous of revenge, the third, and brutist lust and desire the last. Whereof the mind or understanding like unto the vnitie in numbers indiuisible, pure, and simple, is of it selfe free from all concretion, - and from all the other faculties of the soule apart separated and diuided: the + and from all the other faculties of the soule apart separated and divided: the angry power with desire of revenge resting in the heart, representeth the souldiors and other martiall men: and sensuall lust and desire resting in the - liver vnder the midriffe, beokeneth the common people. And as from the liver (the fountaine of bloud) the other members are all nourished, so husbandmen, marchants, and artificers doe giue unto the rest @@ -50970,7 +50969,7 @@

And as the Pythagorians sacrificed the great sacrifice Hecatombe, not for the sustendure of the right angle, which dependeth of the two sides (as many - thinke) but for hauing in the selfesame figure found the equalitie and + thinke) but for having in the selfesame figure found the equalitie and similitude of two other figures, the third figure being equall unto the first, and like unto the second: so do we also owe the immortall euerlasting sacrifice of praise and thanksgiuing unto almightie God, for that he hath by an admirable @@ -51004,7 +51003,7 @@ chaulke, as in meane betwixt both: and so betwixt the stones and mettals, the Marcasites, the Calamites, and other diuers kinds of minerall stones to grow: So stones and plants also to be ioyned together by diuers kinds of Corall, - which are as it were stonie plants, yet hauing in them life, and growing vppon + which are as it were stonie plants, yet having in them life, and growing vppon roots: Betwixt plants and liuing creatures, the Zoophytes, or Plantbeasts, which have feeling and motion, but yet take life by the roots whereby they grow. And againe betwixt the creatures which @@ -51024,7 +51023,7 @@ the end that there of might arise the greater good, and that by such meanes the power and beautie of Gods workes might be the better knowne, which might otherwise have beene hid and folded vp in most thicke and obscure darkenesse. - And therefore it is, that God hauing hardened Pharaoes + And therefore it is, that God having hardened Pharaoes heart, which the wise Hebrewes expound to be the enemie of God and Nature, saith thus unto him, Excitaui ego te vt demonstrarem in te ipso potentiae meae vim ac decus, vt toto terrarum or be gesta mea omnium @@ -51064,7 +51063,7 @@ eternall law decreed. And as he himselfe being of an infinit force and power ruleth ouer the angels, so also the angels ouer men, men ouer beasts, the soule ouer the the bodie, the man ouer the woman, reason ouer affection: and so every - good thing commaunding ouer that which is worse, with a certaine combining of powers keepeth all things vnder most + good thing commaunding ouer that which is worse, with a certaine combining of powers keepeth all things under most right and lawful commands.Almightie God in the gouernmēt of the world, to be of all worldly princes imitated in the gouernment of their estates and kingdomes. Wherefore what the vnitie is in numbers, the