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future, isodate, pyparsing, rdflib, rdflib-jsonld, MyCapytain, jingtrang, prettytable, ansicolors, decorator, validators, HookTest +Successfully installed HookTest-1.2.2 MyCapytain-2.0.9 ansicolors-1.0.2 chardet-3.0.4 decorator-4.3.2 future-0.17.1 idna-2.8 isodate-0.6.0 jingtrang-0.1.1 lxml-4.3.0 prettytable-0.7.2 pyparsing-2.3.1 rdflib-4.2.2 rdflib-jsonld-0.4.0 requests-2.21.0 urllib3-1.24.1 validators-0.12.2 diff --git a/data/bodin/livrep/bodin.livrep.perseus-eng1.xml b/data/bodin/livrep/bodin.livrep.perseus-eng1.xml deleted file mode 100644 index eeb25ef..0000000 --- a/data/bodin/livrep/bodin.livrep.perseus-eng1.xml +++ /dev/null @@ -1,51215 +0,0 @@ - - - - - - - - - - The six bookes of a common-weale. Written by I. Bodin a famous lawyer, and a man - of great experience in matters of state. Out of the French and Latine copies, done - into English, by Richard Knolles - - Bodin, Jean - - Knolles, Richard - - - - - - Perseus Project - - Trustees of Tufts University - - Medford, MA - - - - - - - - The Six Bookes of a Common-Weale. Written by I. Bodin a Famous Lawyer, and a - Man of Great Experience in Matters of State. Out of the French and Latine Copies, - Done into English, by Richard Knolles - - Bodin, Jean - - Knolles, Richard - - [Printed by Adam Islip] impensis G. Bishop - - London - - 1606 - - - - - - - - Early English Books Online - - - - - - - - - -

This pointer pattern extracts book and poem

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This pointer pattern extracts book

- - - - - Updated to Capitains Guidelines - Finalized - finalize for publication to master - Vote - Approve - Approving for publication to master repo. - Finalized - finalize for publication to master repo - Vote - Approve - Approving for publication to master repo. - Alignment of Book I, Chapter I - Finalized - finalizing for publication to master repo. - Vote - Approve - voting to approve to move to finalization - Updated - Updated version - Finalized - Finalizing. - Vote - Approve - Yes - Corrections to the French - Aligned I.1 of the French with Knolles, and fixed several issues with the French OCR, as well as note 5 on the French, which was in the wrong place. - - Converted from EEBO format to TEI-A - - - - - - - - -
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THE SIX BOOKES OF A COMMONWEALE.

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Written by I. BODIN a famous Lawyer, and a man of great Experience in matters - of State.

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- - Out of the French and Latine Copies, done into English, - by RICHARD KNOLLES.

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LONDON Impensis G. Bishop. 1606.

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- - - - Rex & Lex. - - - -

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- - - - A SUMMARIE TABLE OF ALL THE CHAPTERS CONTAINED IN THE SIX BOOKES OF I. - BODIN. - - - - The Contents of the first Booke. - - - - WHat the principall end is of a well ordered - Commonweale. Chap. 1 - - Of a Familie, and what difference there is betweene a Familie and a - Commonweale. Chap. 2. - - Of the power of an Husband over his Wife, as also of the mutuall duties betwixt - them: and whether it be expedient to renew the law of Divorcement or not. Chap. - 3. - - Of the power of a Father, and whether it be meet for the Father to have power - of life and death ouer his children, as had the auntient Romans. Chap. 4. - - Of the power of a Lord or Maister over his Slaves, and whether Slaves are to - bee suffered in a well ordered Commonweale. Chap. 5. - - What a Citisen is, and how much Citisens differ from Citisens, and how much - from straungers: what also is to be understood by the name of a Towne, a Citie, - and of a Commonweale. Chap. 6. - - Of them that are under protection, and the difference betwixt Allies, - Straungers, and Subjects. Chap. 7. - - Of Soveraigntie. Chap. 8. - - Of a Prince tributarie or feudatarie: and whether hee bee a Soveraigne Prince: - and of the prerogatiue of honour amongst Soveraigne Princes. Chap. 9. - - Of the markes of Soveraigntie. Chap. 10 - - - - - - - - The Contents of the second Booke. - - OF all sorts of Commonweales in generall, and whether there bee any mo than - three. Chap. 1. - - Of a Lordly Monarchy, or of the sole government of one. Chap. 2. - - Of a Royall Monarchy. Chap. 3. - - Of a Tyrannicall Monarchy. Chap. 4. - - Whether it bee lawfull to lay violent hand uppon a Tyrant; and after his death - to disanull all his acts, decrees, and lawes. Chap. 5. - - Of an Aristocratie. Chap. 6. - - Of a Popular Estate. Chap. 7. - - - - - - The Contents of the third Booke. - - OF a Senat, or Councell of Estate, and also of the power thereof. Chap. - 1. - - Of the Officers and Commissioners in a Commonweale. Chap. 2. - - Of Magistrats. Chap. 3. - - Of the obedience that the Magistrat oweth unto the Lawes and Soveraigne Prince. - Chap. 4 - - Of the power and authoritie of a Magistrat over particular and privat men, and - of his office and duetie. Chap. 5. - - Of the mutuall duties of Magistrats among themselves, and of the power that one - of them hath over another. Chap. 6. - - Of Corporations, and Colledges, Estates and Communities, and what profits or - inconveniences ensue thereof unto the Commonweale. Chap. 7. - - Of the orders and degrees of Citisens. Chap. 8. - - - - - - The Contents of the fourth Booke. - - Of the rising, encreasing, flourishing estate, declining, and ruine of - Commonweales. Chap. 1. - - Whether there be any meane to know the chaunges and ruines, which are to - chaunce unto commonweales. Chap. 2. - - - - That it is a most daungerous thing at one and the selfe same time to - chaunge the Forme, Lawes, and Customes of a Commonweale. Chap. 3. - - Whether it be better in a Commonweale to have the Magistrats changeable, or - else perpetuall. Chap. 4. - - Whether the vnitie and concord of Magistrats amongst themselves bee good and - wholesome for the Commonweale, or not. Chap. 5. - - Whether it be convenient or expedient for the Maiestie of a Soveraigne Prince - to judge his subjects himselfe, or to be much conversant with them. Chap. - 6. - - Whether a Prince in civill factions ought to joyne himselfe to one of the - parties, and whether a good subiect ought to bee constrained to take part with the - one or the other faction: with the meanes to remedie seditions. Chap. 7. - - - - - - The Contents of the fift Booke. - - WHat order and course is to be taken, to apply the forme of a Commonweale to - the diversitie of mens humors, and the meanes how to discover the nature and - disposition of the people. Chap. 1. - - The meanes to prevent the changes of Commonweales, which happen through the - great riches of some, and exceeding povertie of of others Chap. 2. - - Whether the goods of men condemned should bee applied unto the common treasure, - or to the church, or els left unto the heires. Chap. 3. - - Of reward and punishment. Chap. 4 - - Whether it be more convenient to trayne up the subiects in armes, and to - fortifie their townes or not. Chap. 5. - - Of the suretie of alliances and treaties betwixt Princes and Commonweales, and - of the lawes of armes. Chap. 6. - - - - - - The Contents of the Sixt Booke. - - OF Censuring or Reformation, and whether it be expedient to inroll and number - the subiects, and to force them to make a declaration, or giue a certificat of - their privat estates. Chap. 1. - - - - Of Treasure. Chap. 2 - - Of Coynes, and the meanes how to prevent that they bee not altered. Chap - 3. - - A Comparison of the three lawfull Commonweales, that is, a Popular Estate, an - Aristocraticall, and a Royall, and that a Royall Monarchy is the best. Chap. - 4. - - That a well ordered Commonweale dependeth not either of lot, either of choyce, - and much lesse of women; but by discent to be derived from a most honourable - stocke: and that it ought to bee given but to one alone, without partition. Chap. - 5. - - Of the three kinds of Justice, Distributive, Commutative, and Harmonicall: and - what proportion they have unto an Estate Royall, Aristocratique, and Popular. - Chap. 6. - - - - FINIS. - -
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- - - - THE FIRST BOOKE OF A COMMONWEALE. - -
- - - - CHAP. I ¶ What the principall end is of a well ordered - Commonweale. - -

- - A Commonweale is a lawfull government of many - families,The definition of a Commonweale. and of - that which unto them in common belongeth, with a puissant soveraigntie. This - definition omitted by them which have written of a Commonweale, wee have placed - in the first place: for that in all arts - and actions, it behoveth us first to behold the end, and afterward the meanes - to attaine therunto. For a definition is nothing else than the very end and - scope of the matter propounded, which if it be not well and surely grounded, - whatsoever you build thereupon must together and in a moment fall. And yet - oftentimes it falleth out with many, that having propounded unto themselves - certaine ends, yet can they not attaine unto the end by them desired; no more - than the unskilfull archer who shooteth farre and wide from the marke he aimed - at, whereas he which shooteth markeman like, although he misse somewhat the - marke, yet shall he shoot neerer than he, neither shall - he want the commendation of a good archer, having performed - what a skilfull archer should have done. But he which knoweth not the end of - the matter he hath in hand, is as farre from the hope of attaining thereunto, - as he is from hitting the marke, which shooteth at randon, not knowing whereat. - Wherefore let us well examine the end, and every part of the definition by us - before propounded. First we said that a Commonweale ought to be a lawfull or - rightfull government: for that the name of a Commonweale is holy, as also to - put a difference betwixt the same, and the great assemblies of robbers and - pirats, with whome we ought not to have any part, commercement, societie, or - alliance, but utter enmitie. And therefore in all wise and well ordered - Commonweales,That a commonweale ought to be a lawfull - government. whether question be of the publike faith for the more - safetie to bee given; of leagues offensive or - defensive to bee made; of warre to bee denounced, or undertaken, either for the - defending of the frontiers of the kingdom, or for the composing of the - controversies and differences of Princes amongst themselves; robbers and pirats - are still excluded from all the benefit of the law of Armes. For why? Princes - which governe their States by their owne lawes, and the lawes of nations, have - alwayes divided their just and lawfull enemies, from these disordered, which - seeke for nothing but the utter ruine and subvertion of Commonweales, and of - all civill societie. For which cause, if ransome promised unto robbers for a - mans redemption, bee not unto them accordingly payed, - there is no wrong done: for that the lawes of Armes ought neither - to be communicated unto them, neither are they to - enjoy the benefit of those lawes, which lawfull enemies being taken prisoners, - or free men enjoy. Yea the lawes do permit him that is taken of robbers, not - therby to loose his libertie; but that he may neverthelesse make his will, and - do all other lawfull actes: which for all that was not in former time lawfull - for them to doe, which were taken by their just enemies. For that he which was - fallen into the hands of his lawfull enemies, by the law of nations did - together with his libertie loose also all such power as he had over his owne - things. Now if a man should say, that the law commaundeth to restore unto the - robber his pawne, his things committed unto thee upon trust, or what thou hast - of him borrowed; or to repossesse him, beeing by force thrust out of a - possession, never so unjustly by him obtained; - there is thereof a double reason: the one, for that the robber in submitting - himselfe unto the Magistrat, and shewing his obedience unto the lawes, in - demaunding justice, deserveth to be therein regarded: the other, for that this - is not so much done in favour of the theefe or robber, as in hatred of him - which would unconscionably detaine the sacred thing left to his trust, or by - way of force proceed to the gaining of that which he might by course of justice - have otherwise obtained. Of the first whereof weA notable - example of favour, extended unto an offender, submitting himself unto his - Prince. have examples enow, but none more memorable than that of - Augustus the Emperour, who caused it to be proclaimed by - the sound of the Trumpet, that he would give ten Sestertiees - unto him which should bring unto him Coracotas, the ring - leader of the theeves and outlawes in Spaine: which thing Coracotas - understanding, of his owne accord presented himselfe - unto the Emperour, and demaunded of him the promised reward: which Augustus - caused to be paid unto him, and so received him into his - favour, to the intent that men should not thinke, that hee would take from him - his life, to deceive him of the reward promised; or yet violate the publike - faith and securitie with him, who of himselfe offered himselfe unto the triall - of justice: albeit hee might have justly proceeded against the fellon, and so - have executed him. But he that should use such common right towards pirats - & robbers, as is to be used against just enemies,Pirats - and robbers are not to have the favour of just enemies. should open - a dangerous gap to all vagabonds, to joyne themselves unto robbers and theeves; - and assure their capitall actions and confederacie, under the vaile of justice. - Not for that it is impossible to make a good Prince of a robber, or a good King - of a rover: yea, such a pirat there hath - beene, who hath better deserved to be called a King, than many of them which - have carried the regall scepters and diadems, who have no true or probable - excuse of the robberies and cruelties which they cause their subiects to - endure. As Demetrius the pirat by way of reproach said - to Alexander the great,The notable - answere of Demetrius a pirat, unto Alexander the - great. That he had learned of his father no other occupation than - piracie, neither from him received any other inheritance than two small - frigots: whereas he which blamed him of piracie, roamed about neverthelesse, - and with two great armies robbed the world without controlment, albeit that he - had left him by his father the great and flourishing kingdome of Macedon. Which - frank speech so moved Alexander, not to the revenge of - the just reproach given him, but unto commiseration, with a certaine remorse of - conscience: in so much that he pardoned - Demetrius, & made him general over one of his - legions. And not to go further for examples, in our age Solyman - the great Sultan of the Turks, with great rewards allured unto - him Hariadenus Aenobarbus, Dragut Reis, & - Occhial, three of the most famous pirats of our memory; - whom he made his Admirals, and great commaunders at Sea; by their strength to - confirme his owne power, and to keepe under the other pirats, then roaming all - about the seas, and so to assure his traffique.How arch - pirats may in some sort be favoured. Truly by such allurements to - draw arch pirats into good order, is, and shal be alwaies commendable: not - onely to the end, not to make such people through dispaire - to invade the State of other princes, but also by their meanes to ruinate and - bring to naught other pirats, as enemies to - mankind: who although they seeme to live in never so much amitie and friendship - together, and with great equalitie to divide the spoile, (as it is reported of - Bargulus and Vitriatus, the - arch pirats) yet for al that they ought not to be of right called societies and - amities, or partnerships; but conspiracies, robberies, & pillages: neither - is that their equal parting of the spoile, to be tearmed a lawful division, but - a meere robberie: for that the principall point wherein consisteth the true - marke and cognisance of amitie in them wanteth, that is to wit, right - government, according to the lawes of nature. And that is it, for which the - auncient writers have called Commonweals, Societies of men assembled to live - well and happily together. Which as it may serve for a description of a Citie, - so can it not stand for a true definition - The auncient definition of a Commonweale defective. - of a Commonweale, as having in the one part thereof too much, and in the other too little: - three principall things especially to bee required in every Commonwealth, wanting in this - description, that is to say, the family, the soveraigntie, and those things - which are common to a Citie, or commonweale: joyning hereunto also, that this - word, Happily, as they understand it, is not necessarie: for otherwise vertue - should have no prize, if the favourable wind of prosperitie still blew not in - the poope thereof, which a good man will never consent unto. For a Commonweale - may be right well governed, and yet neverthelesse afflicted with povertie, - forsaken of friends, besieged by enemies, and overwhelmed with many calamities: - unto which estate Cicero himselfe confesseth him to have - seene the Commonweale of Marseils in Province to have - fallen, at such time as it was by Caius Caesar - triumphed upon: which he saith to have bene the best ordered and most accomplished - that ever was in the world, without exception. And so contrariwise it should come - to passe, that a Citie, or Commonweale, fruitfull by situation, abounding in riches, - flourishing, and well stored with people, reverenced of friends, feared of enemies, invincible in - arms, strong in fortification, prowd in buildings, triumphant in glorie, should - therefore be rightly governed, albeit, that it were surcharged with all - villanies, and grounded in all maner of vices. And yet neverthelesse most - certaine it is, that vertue hath not a more capitall enemie, than such a - perpetual successe as they cal most happy; which to joine together with - honesty, is no lesse difficultie, than to combine things by nature most - contrarie. Wherfore sith that we may without - reproach want other things; as also without praise abound therein: but that - vertues we cannot without great imputation want; or be with vices polluted - without infamie: it must needs follow, that those things which are thought to - make the life of man more blessed, that is to say, riches, wealth, large - territories and possessions, not to be of necessitie required unto well ordered - Cities, and commonweals: so that he which will looke further into the matter, - must as little as hee may decline from the best or most perfect state of a - Commonweale. For as much as by the goodnes of the end we measure the worth and - excellencie, as well of Cities and Commonweals, as of all other things: so that - by how much the end of every Citie or Commonweale is better or more - heaven-like, so much is it to be deemed worthily to excell the rest. Yet - is it not our intent or purpose to figure - out the onely imaginary forme and Idea of a Commonweale, without effect, or - substance, as have Plato, and Sir Thomas More - Chauncelor of England, vainely imagined: but so neere as we possibly - can precisely to follow the best lawes and rules of the most flourishing cities - and Commonweals. In which doing, a man is not bee justly blamed, although hee - fully attaine not unto the end hee aimeth at, no more than the good Pilot, by - force of tempest driven out of his course; or the skilfull Physitian overcome - with the force of the maladie, are the lesse esteemed: provided, that the one - hath yet in the cure well governed his sicke patient; and - the other in his course, his ship. - -

- -

Now if the greatest felicitie and happinesse of one citisen, and of a whole - Citie,The chief felicitie of one citisen and of a Citie - or commonweale all one; and wherein it consisteth. be all one and - the selfe same, and the chiefe good of both consisteth in those vertues which - are proper unto the mind, and are onely conversant in contemplation (as they - which in wisedome are said to have farre excelled the rest, have with great - agreement affirmed) it must needs follow also, those citisens and people to - enjoy true felicitie, which exercising themselves in the sweet knowledge of - things naturall, humane, and divine, referre all the fruits of their - contemplation unto the almightie God, and great Prince of nature. If we then - confesse this to be the principall end of the most blessed and happy life of - every one in particular, we conclude, that this is the felicitie and end also - of a Commonweale. But for as much as men of affaires, and Princes, are not in - this point agreed, every man measuring his - good by the foot of his pleasures and contentments; and that those which have - had the same opinion of the chiefe felicitie of a man in particular, have not - alwayes agreed, That a good man and a good citisen are not all one; neither - that the felicitie of one man, and of a whole Commonweale are both alike: this - hath made that we have alwaies had varietie of lawes, customs, and decrees, - according to the divers humors and passions of Princes and governours. Most men - thinking the life of man to be but base, if his endevours should bee onely - directed unto necessitie, and not also unto pleasure, and ornament: they would - (I say) account it a miserable thing to dwell in poore cottages covered with - turfe, or in strait cabins and lodges to shrowd themselves from the injury of - the weather. But for as much as the wise man - is in a sort the measure of right and wrong, of truth and falshood; or as it - were an inflexible rule: and they which are thought to excell all others in - justice and wisdom, with one consent affirme the chiefe good of every one in - particular, and of all in common, to be but one, and the same; we also putting - no difference betwixt a good man, and a good citisen, measure the chiefe - felicitie and happinesse of every particular man, and of all men in general, by - that most beautifull and and sweet contemplation of high matters, which we - before spoke of. Albeit that Aristotle sometimes - followingAristotle blamed the vulgar opinion, - seemeth doubtfull in setting downe the chiefe good thing, and not well to agree - in opinion with himselfe; as thinking it necessarie unto vertuous actions to - joyne also wealth and power: yet when he reasoneth more subtilly thereof, - placing the chiefe good and felicitie of man, - in Contemplation. Which seemeth to have given occasion unto Marcus Varro - to say, That the felicitie of man consisteth in a mixture - of action and contemplation together: whereof this may seeme to have bene the - reason, For that as of one simple thing, the felicitie is simple; so of things - double or compound, the felicitie is also double and compound. For the - goodnesse of the bodie consisteth in the health, strength, agilitie, - comlinesse, and beautie thereof: but the goodnesse of the mind, that is to say, - of that facultie or power which is the true bond of the bodie and understanding - together, consisteth in the due obedience of our desires unto reason, that is - to say, in the action of morall vertues: whereas the chiefe goodnes and - felicitie of the understanding and mind it selfe, consisteth in the - intellectuall vertues, that is to say, Wisedom, - Knowledge, and true Religion: Wisedome, concerning worldly affairs; Knowledge, - concerning the searching out of the secrets of nature; and Religion, the - knowledge of things divine. Of which three vertues, the first seeth the - difference betwixt good and evill, the second betwixt truth and falshood, and - the third betwixt true holinesse and impietie: and so altogether containe what - is to be desired, or to be fled from. In which three vertues, true wisedome - consisteth, better than which God hath not given any thing unto man: For that - it cannot be taken from us by theft, consumed by fire, or lost by shipwrack; - but is of it selfe sufficient to make men, otherwise - destitute and bare of all other things, happie; and that not every one in - particular onely, but even altogether also. - Yet for all that shall a citie be much more blessed and fortunate, which - encreased by these vertues, shal have also sufficient territorie, and place - capable for the inhabitants; a fertill soyle to plant in, with beasts and - cattell sufficient to feed and cloath the people with; and for the maintenance - of their health, the sweet disposition of the heavens, temperate and fresh - ayre, plentifull and wholsome water, also matter fit for building and - fortification, if the countrey of it selfe bee not safe and strong enough - against the injuries both of the weather and the enemy. These are the first - beginnings of a growing commonweale, viz. That those - things be first providedThings requisit for the first - beginning of a growing commonweale. for, without which people can in - no wise live; and then after that, such other things as wherewith men live the - more commodiously and better, as medicines to cure diseases, mettals wherwith convenient tools may be made for workmen, - & armes for souldiers, not onely to repulse, but also to take revenge upon - the enemie and robber. And for as much as the desires of men are insatiable, - after that those things are provided for which are necessarie, as also those - which are profitable; it lusteth us also to seeke after, and to abound with - vaine delights and pleasures, that so we may more sweetly & pleasantly - live. And as we have no care of nurturing our children, before that they by - convenient education being growne, become capable both of speech and reason; no - more regard have cities also for the conforming of manners, or searching after - the knowledge of naturall and divine things, before they have gotten such - things as must needs be had to feed and defend their citisens; but are with - meane wisedome content to repulse their - enemies, and defend their people from injurie. But the man that hath got all - things needfull for him to lead a safe and happy life withall, if he be well by - nature,A notable discourse of the course that men hold - for the attaining of felicitie. and better by education instructed, - abhorreth the companie of loose and wicked men, sorteth himselfe with the good, - and seeketh after their friendship: and afterwards when he feeleth himself - cleane & free from those perturbations and passions which trouble and - molest the mind; and hath not set his whole hope upon his vaine pelfe, hee at - great ease beholdeth the chaunges and chances of the world, the unstaidnesse - and diversitie of mens maners, their divers ages, and conditions; some in the - height of power and soveraigntie; others in the bottome of calamitie and woe: - he then studiously beholdeth the mutations, risings, and downfals of - Commonweals; and wisely joyneth things - forepast, unto those that are to come. After that, turning himselfe from mens - affaires unto the beautie of nature, he delighteth himselfe in beholding the - varietie of natures worke in plants, living creatures, and minerals, hee - considereth of every one of them, their forme, their strength, and excellencie: - yea he seeth the successive transmutations of the elements themselves one into - another, the singular Antipathie and contagiousnesse of things, the wonderfull - order and consent of causes; whereby the things lowest, are ioyned unto the - highest, they in the middle unto both, and so in briefe all to all: as also - whereof every thing tooke beginning, whether it returneth againe, when and how - it shall take end; what in things is mortall and transitory, what immortall and - eternall: and so by little and little, as it were with the swift wings of - contemplation carried up into heaven, wondreth - at the brightnesse of the notable starres; the power, placing, distance, and - unequall course of the heavenly bodies; and so the good agreement and as it - were most sweet harmonie of the whole world, and of every part thereof: so - ravished with a wonderfull pleasure, accompanied with a perpetuall desire to - see the causes of all things, he is still caried on, untill hee bee brought - unto God, the first cause, and governour of all this most faire and beautifull - worke: whither when hee is once come, he staieth to search further, seeing that - he is of an infinite and incomprehensible essence, greatnesse, power, wisedome, - and beautie, such as cannot either by tongue be expressed, - or by any mind of man conceived: yet so much as in him is hee - prayseth, extolleth, and with - great devotion honoureth, that so great brightnes of the divine Maiestie, which - by such heavenly contemplation draweth him unto the true glorie, and chiefe end - of all goodnesse. For by these meanes men seeme in a manner to have obtained - the most goodly knowledge of things naturall, civill, and divine, and the very - summe of humane felicitie and blisse.

- -

If therefore we judge such a man wise and happie, as hath not gotten store of - commonwealth and pelfe, but the knowledge and understanding of most excellent - things, and remote from the rude capacitie of the vulgar people: how much more - happie ought we to judge a commonweale, abounding with a multitude of such - citisens, althoughA small commonweale may yet be - happie. it contented with strait bounds, contemne the proud wealth - and pleasures of the greatest cities, which - measure their greatest felicitie, by their greatest delights, or by their - aboundant wealth and store, or by the vanitie of their glory? Neither yet for - all that doe we make that chiefe good of a man, or of a commonweale, to be a - thing confused, or mixt: For albeit that man be composed of a bodie which is - fraile and mortall, and of a soule which is eternall and immortall; yet must it - needs be confessed the cheiefe goodnesse of man to rest and be in that part - which is more excellent than the rest, that is to say, the Mind. For if it be - true (as true it is) that this our bodie is compact and framed of flesh and - bones, to serve the soule; and our desires to obey reason: who can doubt the - chiefe felicitie of man wholy to depend of the most excellent vertue thereof, - which men call the action of the mind? For although Aristotle, - according to the opinion - of the Stoiks, had placed the chiefe goodnes of man in the action of vertue; - yet he the same man was of opinion, that the same action was still to bee - referred unto the end of contemplation: otherwise (saith hee) the life of man - should bee more blessed than that of the Gods, who not troubled with any - actions or businesse, enioy the sweet fruit of eternall contemplation, with a - most assured repose and rest. And yet not willing to follow the doctrine of his - maister Plato, and also accounting it - Aristotle blamed. a shame to depart - from the opinion by himselfe once received and set downe; for as much as he at - the first had put the blessed life in action; he afterward with great ambiguitie - of words, hath placed the chiefe felicitie of man, in the action of the mind, - which is nothing else but contemplation: to the intent he might not seeme to have - put the chief good, both of men and commonweals, in things - most contrary unto themselves; motion (I say) and rest, action and - contemplation. And yet hee neverthelesse seeing men and commonweals to be still - subject unto motion, and troubled with their necessary affaires, would not - plainly put that chiefe good or happinesse which we seeke after, in - contemplation onely; which for all that he must of necessitie confesse. For all - beit that the actions whereby mans life is maintained, as to eat, to drinke, to - sleepe, and such like, are so necessarie, as that a man cannot long want them: - yet is no man so simple, as in them to put mans chiefe good or felicitie. The - moral vertues also are of much more worth and dignitie than they: for that the - mind by them (or by the vertue divine) purged from all perturbations, and - affections, may bee filled with the most sweet - fruit and cleare light of contemplation. Whereby it is to be understood, the - morall vertues to be referred unto the intellectuall, as unto their end. Now - that can in no wise be called the chiefe good or happinesse, which is referred - unto a farther thing, better and more excellent than it selfe: as the bodie - unto the soule, appetite unto reason, motion unto quiet rest, action unto - contemplation. And therefore I suppose that Marcus - Varro, who deemed man his chiefe good to bee mixt, of action and - contemplation; might (in mine opinion) have more aptly and better said mans - life to have need of both; yet the chiefe good and felicitie thereof to consist - in contemplation: which the Academicks called the sweet, - and the Hebrews the pretious death; for that - it doth in a sort ravish the mind of man from out of this fraile and vile - bodie, and carrieth the same up into heaven. Yet nevertheles true it is, that a - commonweale cannot long stand if it be quite or long time destitute of those - ordinary actions which concerne the preservation of the peoples welfare, as the - administration and execution of iustice, the providing of victuals, and such - other things necessary for the life of man; no more than can a man long live - whose mind is so strongly ravished with the contemplation of high things, that - he forgetteth to eate or drinke, and so suffereth the bodie with hunger and - thirst to perish, or for lacke of rest to die.

- -

But as in this fabrick of the world (which we may cal the true image of a - perfect andA notable comparison. most absolute - commonweale) the Moone, as the soule of the world, comming neerer - unto the Sunne, seemeth to forsake this perspirall and - elementarie region; and yet afterwards by the conjunction of the Sunne, filled - with a divine vertue, wonderfully imparteth the same unto these inferiour - bodies: so also the soule of this little world, by theA man - is called the little world. force of contemplation ravished out of - the bodie, and in some sort as it were united unto the great - GOD. Sun of understanding, the life of the whole world, - wonderfully lightned with divine vertue, with that celestiall force marvelously - strengtheneth the bodie, with all the naturall powers thereof. Yet if the same, - become too carefull of the bodie, or too much drowned in the sensuall pleasures - thereof, shall forsake this divine Sunne; it shall befall it even as it doth - unto the Moone, which shunning the sight of the Sun, and masked with the the - shadow of the earth, looseth her brightnesse and light, by - which defect many fowle monsters are engendred, and the - whole course of nature troubled: and yet if the Moone should never be seperated - from the conjunction of the Sunne, it is most certaine that the whole frame of - this elementarie world should in right short time be dissolved and perish. The - same judgement we are to have of a well ordered commonweale; the chiefe end and - felicitie wherof consisteth in the contemplative vertues: albeit that publick - and politicall actions of lesse worth, be first and the fore-runners of the - same, as the provision of things necessarie for the maintenance and - preservation of the state and people; all which for all that we account farre - inferiour unto the morall vertues, as are also they unto the vertues - intellectuall; the end of which, is the divine contemplation of the fairest and - most excellent object that can possibly be - thought of or imagined. And therefore we see that Almightie God who with great - wisdome disposed all things, but that especially, for that he appointed only - six dayes for us to travell and to do our businesse in, but the seventh day he - consecrated unto contemplation and most holy rest, which onely day of all - others hee blessedGen. cap. 2. Deut. Exod. cap. 20. - as the holy day of repose and rest, to the intent we should imploy the same in - contemplation of his works, in meditation of his law, and giving of him - praises. And thus much concerning the principall end and chiefe good of every - man in particular, as also of all men in generall, and of every well ordered - commonweale: the neerer unto which end they approach, by so much they are the - more happie. For as we see in particulerA fit - comparison. men, many degrees of worldly calamitie or blisse, - according to the divers ends of good or bad - that they have unto themselves propounded; so have also commonweals in a sort - their degrees of felicitie and miserie, some more, some lesse, according to the - divers ends they have in their government aimed at.

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The Lacedemonians are reported to have alwayes bene valiant and couragious - Plato, Plutarch in the lives of Lysander, Agesilaus, and - Lycurgus. men; but in the rest of their actions injust and - perfidious, if question once were of the common good: for that their education, - their lawes, customs, and manners, had no other scope or end than to make their - people couragious to undertake all dangers, and painfull to endure all manner - of labour and toyle; contemning all such pleasures and - delights, as commonly effeminate the minds of men, and weaken their strength, - referring all their thoughts & deeds, to - the encreasing of their state. But the Romane commonweale having flourished in - justice, farre passed the Lacedemonians; for that the Romans, besides that they - were passing couragious, had propounded also unto themselvesDionis Halicar. li. pri. true iustice, whereunto, as to a marke they - addressed all their actions. Wherefore we must so much as in us lyeth endevour - our selves to find the meanes to attaine or at least wise to come so neere as - we possibly can, unto that felicitie wee have before spoken of, and to that - definition of a Commonweale by us before set downe. Wherfore prosecuting every - part of the said definition, let us first speake of a Familie.

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- -
- - - - CHAP. II. - - ¶ Of a Familie, and What Difference There is - betweene a Familie and a Commonweale. - -

- - A Familie is the right government of many subjects - or personsThe definition of a familie. under the - obedience of one and the same head of the family; and of such things as are - unto them proper. The second part of the definition of a Commonweale by us set - downe, concerneth a Familie, which is the true seminarie and beginning of every - Commonweale, as also a principall member thereof. So that - - Aristotle following Xenophon, - 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 - downe by it selfe a treatise of Colleges, and Corporations; which being neither - families nor cities, are yet parts of a Commonweal. Wheras we see the Lawyers, - and law makers (whome we ought as guides to follow in reasoning of a - Commonweale) to have in the same treatise comprehended the lawes and ordinances - of a commonweale, corporations, colleges, and families; howbeit that they have - otherwise taken the Oeconomicall government than did Aristotle; - who defineth it to be a - knowledge for the getting of goods: a thing common unto corporations and - Colleges, as unto Cities also. Whereas we under the name of a Familie, do - comprehend the right government of an house or familie; as also the power and - authoritie the maister of the house hath over his people, and the obedience to - him due: things not touched in the treatise of Aristotle - and Xenophon. Wherefore as a familie well and wisely - ordered, is the true image of a Citie, and the domesticall government, - The good government of a familie the true modell for the - government of a Commonweale. in sort like unto the soveraigntie in a - Commonweale: so also is the manner of the government of an house or familie, - the true modell for the government of a Commonweale. And as whilest every - particular member of the bodie doth his dutie, wee live in good and perfect - health; so also where every family is kept in order, the whole citie - shall be well and peaceably governed. But if a man - shall be crosse and froward unto his wife, if the wife shall be about to take - upon her the office of her husband, and not shew her selfe obedient unto him; - if both of them shall account of their children as of servants, and of their - servants as of beasts, and so tyrannise over them; if children shall refuse the - commands of their parents, and the servants of their maisters; who seeth not no - concord to be in that house, no agreement of minds and wils, but all full of - strife, brawling and contention? Seeing therfore the way to order wel a citie, - leaneth & resteth in the good government of families, as it were upon - certain proper foundations: it behoveth us first to have - an especiall regard and care for the good ordering and government of families.

- -

Wee said a Commonweale to bee a lawfull gouernment of many families, and of - such things as unto them in common belongeth, with a puissant soveraigntie. By - the word, Many, you may not in this case understand two, as for most part we - do; for seeing that the law requireth at the least three persons to make a - College, we according to the Lawyers opinion account three persons also, - besides the maister of the house, necessary to make a familie; be they - children, or slaves, or men enfranchised, or free borne men which have - voluntarily submitted themselves unto the maister of the house or family, who - maketh up the fourth, and is yet neverthelesse a member of the family. But for - as much as Families, Colleges, Companies, Cities, and - Commonweals, yea, and mankind it selfe would - perish and come to end, were it not by marriages (as by certaine Seminaries, or - 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 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 - as many to make a familie, beside the maister of the houshold and his wife; wee - for the same reason say three families and no fewer to bee necessarie for the - making of a Citie, or Commonweale, which should be three times five, for three - perfect families. Whereupon (in mine opinion) the auncient writers have called - fifteene a people, as saith Appuleius, referring the - number of fifteene unto three entire families. - For albeit that the maister of the family have three hundred wives, as had - Salomon King of the Hebrews; and sixe hundred children, - as had Hermotimus king of theIustin. - lib. 4. Parthians by his multitude of wives; or five hundred slaves, - as had Crassus; if they bee all under the commaund of - one and the same head of the familie, they are neither to be called a people - nor a citie, but by the name of a family onely: Yea although hee have many - children, or servants maried, having themselves children also; provided - alwaies, that they be under the authoritie of one head, whome the law calleth - father of the family, although he yet crie in his cradle. And for this cause - the Hebrews, who alwayes show the proprietie of things by their names, have - called a family , not - for that a family containeth a thousand persons, as saith one Rabbin, - but of the word , which - signifieth an head, a Prince, or Lord, naming the familie by the chief therof: - better as I suppose than did the Greeks, of , or the Latines of Famulis. - But what should let (may some man say) three Colleges, or - many other particular assemblies without a familie to make a Citie, or Commonweale, - if they be governed by one soveraigne commaund? Truly it maketh a good - show, and yet for all that is it no Commonweale: for that no Colledge, nor - bodie politique can long stand without a familie, but must of it selfe perish - and come to nought.

- -

Now the law saith, that the people never dieth, but a thousand yeare hence to - be the same that it was before: although the use and profit of any thing - granted unto a commonweale be after an hundred yeare extinguished, and againe - reunited unto the proprietie, which proprietie - should otherwise be unto the Lord thereof vaine and unprofitable: for it is to - be presumed, that all they which now live wil in the course of an hundred - 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 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 - same is no more a commonweale, neither can by any meanes long - endure. And not - - It is not the greatnes of the number that maketh the - Commonweale, but the union of the people under one soveraigne - commaund. to depart from our similitude: as a ship may be quite - broken up, or altogether consumed with fire; so may also the people be into - divers places dispersed, or els be utterly destroyed, the Citie or state yet - standing whole; for it is neither the wals, neither the persons, that maketh - the citie, but the union of the people under the same soveraigntie of - government, albeit that there be in all but three families. For as an Emot is - as well to be called a living creature, as an Elephant: so the lawfull - government of three families, with a soveraigntie of power maketh as well a - commonweale, as a great signiorie. So Rhaguse one of the least signeuries in - all Europe, is no lesse a common weale, than are those of the Turkes, the - Tartars, or Spanyards, whose Empires are bounded with the same bounds that the - course of the Sun is. And as a little familie shut up in a small - cottage, is no lesse to be accounted a familie, than - that which dwelleth in the greatest and richest house in the citie: so a little - king is as well a Soveraigne as the greatest Monarch in the world. - So Ulisses, whose kingdome was contained within the rock of - Ithaca, is of Homer as well - called a King, as Agamemnon: for a great kingdome (as - saith Cassiodorus) is no other thing than a great - Commonweale, under the government of one chiefe soveraigne: wherefore if of - three families, one of the chiefe of the families hath soveraigne power over - the other two, or two of them together over the third, or all three joyntly and - at once exercise power and authoritie over the people of the three families; it - shall as well be called a Commonweale, as if it in it selfe comprehended an - infinite multitude of citisens. And by this meanes it may chaunce, that one - familie - - Sometimes one familie may be greater than some Commonweale. - may sometimes be greater and better peopled then a commonweale: as was wel said of the familie of Aemilius - Tubero, who was head of a family of sixteene of his owne children, all - maried, whome he had all under his power, together with their children and - servants, dwelling in the same house with him. And on the contrary part, the - greatest - - Plut. in Emili. The greatest & best peopled citie - no more a commonweale than the least. Citie or Monarchie, and the - best peopled that is upon the face of the earth, is no more a commonweale or - citie, than the least. Albeit that Aristotle saith, the - citie of Babylon (whose circuit in a square forme was so great, that it could - scarce on foot bee gone about in three dayes) was to bee called rather a - nation, than a commonweale, which ought not, as he saith, to have more than - ten thousand citisens in it at the most: as if it were any absurditie to call - an infinite number of nations, and dwelling in divers - 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 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 - hundred and ten thousand others dispersed almost throughout the world: not - accounting the slaves, the number of whom was ten times greater: and yet in - this number were not comprised they of the Provinces subject unto the Empire of - Rome, neither the confederat cities, or free nations, who had their Commonweals - in soveraigntie divided from the Roman Empire. Which soveraigntie of government - is the true foundation and hinge whereupon the state of a citie turneth: - whereof all the magistrats, lawes, and - ordinances dependeth; and by whose force and power, all colleges, corporations, - families, and citisens are brought as it were into one perfect bodie of a - Commonweale: albeit that all the subiects thereof be enclosed in one little - towne, or in some strait territorie, as the commonweale of Schwitz, one of the - 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, 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 - - without reason calleth kingdomes; albeit that - they have not but one king, one kingdome, one Monarch, one Commonweale, under - the puissant soveraigntie of one and the same Prince whome they call Negus. - -

- -

But beside that soveraigntie of government thus by us set downe, as the strong - foundation of the whole Commonweale; many other things besides are of citisens - to be had in common among themselves, as their markets, their churches, their - walks,Many things common unto - citisens among themselves. wayes, lawes, decrees, judgements, voyces, - customs, theaters, wals, publick buildings, common pastures, lands, and - treasure; and in briefe, rewards, punishments, sutes, and contracts: all which - I say are common unto all the citisens together, or by use and profit: or - publick for every man to use, or both together. That is also a great communitie - which ariseth of colleges and corporations - of companies, as also of benefits both given and received. For otherwise a - Commonweale cannot be so much as imagined,No commonweale - where nothing is common which hath in it nothing at all publick or - 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 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 - thousand, had to everie one of them allotted two acres: which equal partage - long time after continued with great - indifferencie, for Cincinnatus the Dictator himself 260 - yeres after had no more but two acres of land, which hee with his owne hands - husbanded. But howsoeuer lands may be divided, it cannot possibly bee, that all - things should bee common amongst citisens; which unto Plato - seemed so notable a thing, and so muchPlato - his opinion for the communitie of all things in a commonweale, - refuted. to be wished for, as that in his Commonweale he would have - all mens wives and children common also: for so he deemed it would come to - passe that these two words, Mine and Thine, should never more be heard amongst - his citisens, being in his opinion the cause of all the discord and evils in a - Commonweale. But he understood not that by making all things thus common, a - Commonweale must needs perish: for nothing can be publike, where nothing is - privat: neither can it be imagined there to bee - any thing had in common, if there be nothing to be kept in particular; no - more than if al the citisens were kings, they should at al have no king; - neither any harmonie, if the diversitie and dissimilitude of voyces cunningly - mixed together, which maketh the sweet harmony, were al brought unto one and - the same tune. Albeit that such a Commonweale should be also against the law of - God and nature, which detest not onely incests, adulteries, and inevitable - murders, if all women should bee common; but also expresly forbids us to - steale, or so much as to desire any thing that another mans is. Whereby it - evidently appeareth this opinion for the communitie of all things to bee - erroneous, seeing Commonweals to have bene to that end founded and appointed by - God, to give unto them that which is common; and unto every man in privat, that - which unto him in privat belongeth. Besides - that also such a communitie of al things is impossible, and incompassible with - the right of families: for if in the familie and the citie, that which is - proper, and that which is common, that which is publick, and that which is - privat, be confounded; we shall have neither familie nor yet Commonweale. In so - much that Plato himselfe (in all other things most - excellent) after he had seene the notable inconveniences & absurdities - which such a confused communitie of all things drew after it, wisely of - himselfe departed from that so absurd an opinion, and easily suffered that - Commonweale which he had attributed unto Socrates to be - abolished; that so he might more moderatly defend his - owne. But some will say, that the Massagets - had all things in common: yet they which so say, confesse also every one of - them to have had his pot, his sword unto himselfe, as also must they needs have - their privat apparell and garments also; for otherwise the weaker should bee - still spoiled of the stronger, having his garments still taken from him.

- - -

Wherefore as a Commonweale is a lawfull government of many families, and of - those things which unto them in common belongeth, with a puissant soveraigntie: - so is a Familie the right government of many subiects or persons, and of such - things as are unto them proper, under the rule and commaund of one and the same - head of the familie. For in that especially consisteth the difference betwixt a - Commonweale and a Familie:The chief difference betwixt a - Familie and a Commonweale. for that the maister of a familie hath the - government of domesticall things, and so of - his whole familie with that which is unto it proper; albeit that every house or - family be bound to give something unto the Commonweale, whether it be by the - name of a subsidie, taxe, tribute, or other extraordinarie imposition. And it - may bee that all the subiects of a Commonweale may live together in common, in - manner of Colleges, or companies, as did in auncient time the Lacedemonians, - where the men apart from their wives and families, used to eat and sleep - together by fifteene and twentie in a company: As also in auntient time in - Creet, all the citisens of all sorts men and women, young and old, rich and - poore, alwaies eat and dranke together; and yet for all that, everie man had - 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, 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 - themselves farre deceived. For they which admit this communitie of all things, - are so farre from this good agreement of citisens among themselves, which they - hope thus to maintaine, as that thereby the mutuall love betwixt man and wife, - the tender care of parents towards their children, and their dutifulnesse - againe towards them, and in briefe the mutuall love of neighbours and kinsmen - among themselves, is quite extinquished; all the kind bond of bloud and kindred - (than which none stronger can be imagined for the friendship - and good agreement of citisens) being by this meanes taken - away. For that which thou shouldest dearely love must be thine owne, and that - also all thine: whereas communitie is of the Lawyers justly called of it selfe, - the mother of contention and discord. Neither are they lesse deceived, which - think greater care to bee had of things that bee common, than of things that be - privat; for wee ordinarily see things in common and publick to be of every man - 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 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, - looseth his force and vertue. So the lawfull and certaine government of a - familie, divideth every privat mans wives and children, servants and goods, - from all other mens families; as also that which is unto every particular man - proper, from that which is to them all common in generall, that is to say, from - a Commonweale. And withall in every well governed Commonweale we see the - publick magistrat to have a certaine especiall care and regard of the privat - goods of orphans, of mad men, and of the prodigall: for that it concerneth the - Commonweale to have their goods preserved unto them to whome they belong, and - that they be not embeseled. As in like case the lawes - oftentimes forbiddeth a man to procure, to alienat, - or to pawne his own goods or things, except upon certain - conditions, as also unto certaine persons; for that the preservation of every - privat mans goods in particular, is the preservation of the Commonweale in - generall. And yet neverthelesse althoughParticular families - may have also their particular lawes: and how. lawes be common to al, - it is not inconvenient, but that families may have their certaine particular - statutes for themselves and their successors, made by the auntient heads of - their families, and confirmed unto them by their soveraigne Princes. As we have - example in the most honourable nation of the Saxons, amongst whome are many - families, which use certaine their owne privat lawes, quite differing both from - the lawes of the Empire, and from the common lawes and customs of Saxonie. And - betwixt the dukes of Bavaria, and the Counties Palatines there are also their - particular lawes, as well for the lawfull - succession in the inheritance of their houses, as in the right of the - Electorship, which is in these two honourable houses, alternative, by the - auntient decrees of their predecessors: which laws & customs the duke of - Bavaria, with great instance required to have renewed at the diet of the Empire - at Auspurge, in the yere 1555 which is not so in the other families of the - Electors. Betwixt the houses also of Saxonie and Hess, are their domesticall - and proper laws Anno 1370. and - 1431. confirmed unto them by the Emperour Charles - the fourth, and Sigismund. In like - maner it was decreed betwixt the houses of Austria, and Bohemia, that for lack - of heirs male, the one of them should succeed into the inheritance of the - other, as we see it is now come to passe. And not to go further than this - Fraunce. Realme, I have seene a charter of the - house of Laval granted by the King, and - confirmed by the Parliament of Paris, directly contrarie to the customes of - Anjou, Britagne, and Mayne, wherein the most part of their inheritance lie: by - which Charter the first inheritor (able to succeed) is to enioy all, being not - bound to give any thing unto his coheirs, more than the moveables; with charge, - that the heire male shall beare the name of Guy de - Laval; or of Guionne, if she bee an inheritrix, - and the armes plaine. In like manner in the houses of Baume, Albret, and - Rhodez, the daughters by the auntient lawes of their auncestors, were excluded - both in direct and collaterall line from inheriting, so long as there were any - males in what degree soever; deriving as it were into their families, the law - Salique, usual unto the Princes of Savoy. Such lawes of families, which the - Latines had also, and called them Jus familiare, were - made by their auncestors and chiefe of their - families, for the mutuall preservation of their inheritance, name, and auntient - armes; which may in some sort well be suffered in some great and honourable - families: which privat lawes and customs by us thus spoken of, have oftentimes - preserved from destruction, not onely families, but whole commonweals; which - was the cause that in the diet at Auspurge in the yeare 1555, the Princes - The great benefit which oftentimes commeth unto a Commonweale, - 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 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 - the selfe same. For it is not without great - cause to bee suffered, that the lawes of privat families should derogat from - the customes of the countrey, and so, much lesse from the generall lawes and - ordinances. Neither are they which come after, by this law of families by their - grand-fathers, & great grand-fathers made, contrarie to the common customs - and lawes, further bound than they themselves shall thereunto give their - consent. For which cause the successors of the house of Albret, of Laval, and - of Montmorency obtained decrees from the Parliament of Paris, contrarie to the - auntient charters of their predecessors; for that they were contrary unto the - customes of those places, when question was of the - successions of Laval, of the Countie of Dreux, and of Montmorency, - which they would make indivisible, contrarie to the - custom of the Viscomptie of Paris: For it beseemeth that the customes of - families should bee subiect unto the lawes, in like maner as the heads of - families are subject unto their soveraigne Princes. Much lesse are the lawes of - families and kindreds, allowed by the decrees of the Romans, to be be suffered, - least for the privat the publick should be neglected: as - Camillus complained with Livie, - Livius lib. 5 What (saith he) if the sacred - rites of families may not in time of warre be intermitted, pleaseth it you that - the publick sacrifices and Roman gods should even in time of peace be forsaken? - For it was a law of the twelve tables conceived in these words, - Sacred privat Rites, firme be they for ever: which M. - Tullius translated into his lawes. And thus much in - generall, concerning the similitude and - difference of a Commonweale and Familie: now let us discourse also of the - singular parts of a Familie.

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- - - - CHAP. III. ¶ Of the power of an Husband over his Wife, - as also of the mutuall duties betwixt them: and whether it be expedient to - renew the law of divorcement or not. - -

- - ALL assemblies of men lawfully joyned together, - whether they be Families, Colledges, Universities, or Commonweals, are kept - together and preserved by the mutuall duties of commanding - and obeying: for as much as that libertie which nature hath - given unto every one to live at his owne pleasure, bound within no lawes, is - yet subject unto the rule and power of some other. All which power to commaund - over others, is eitherThe division of power and - commaund. publick or privat: The power publick, is either free from - law, as is theirs which hold the chiefest place of soveraigntie; or els - restrained by law, as is the power of the Magistrats, who although they - commaund ouer privat men, are yet themselves subject unto the commaunds and - laws of others their superiours. The power privat, consisteth either in the - heads of families, or in corporations, or colledges, where all by a generall - consent, or the greater part, commaundeth over the rest. But the domesticall - - - Domesticall power of foure sorts. power is of foure - sorts: viz. The power of the Husband over his Wife, the - power of the Father over his children, the power of the Lord over his slaves, - and the power of the head of a Familie over his mercenarie servants. And for as - much as the right and lawfull government of everie Commonweale, Corporation, - Colledge, Societie, and Familie dependeth of the due knowledge of commaunding - and obeying; let us now speake of every part of commaunding in such order as is - by us before set downe. For naturall libertie is such, as for a man next unto - God not to be subiect to any man living, neither to suffer the commaund of any - other than of himselfe; that is to say, of Reason, which is alwaies conformable - unto the will of God. This naturall commaundementThe first - & greatest commaund is the commaund of Reason over our affections, & - so over our selves. of Reason over our affections and desires, is the - first, the greatest and most antient that is: - for before that one can well commaund over others, hee must first learne to - commaund himselfe, giving unto Reason the soveraigntie of commaund; and unto - his affections obedience: so shall it come to passe that everie one shall have - that which of right unto him belongeth, which is the first and fairest justice - that is; and that where of the common Hebrew proverb grew, That every mans - charitie should first begin of himselfe: which is no other thing than to keepe - our affections obedient unto Reason. This is the first law of naturall - commaund, which God by his expresse commaundement Gen. - cap. 2. established, as we see in the speech which God had both unto - her that was the first Gen. - cap. 3 mother of us all; as also against him who first defiled - himself with his brothers bloud - Gen. cap. 4. For that commaund which he had before given - the Husband and his Wife, is two wayes to be understood; first literally for - the power the Husband hath over his Wife, and then morally for the commaund the - soule hath over the bodie, and reason over affection. For that reasonable part - of understanding, is in man as the Husband; and Affection, as the Woman: For - before God had created Eva, it was said of Adam, - Male and female created he them Gen. cap. 1.. - Wherefore the woman in holy writ is oftentimes taken for affection: but never more than with - Salomon, who so lived as a man unto women most kind; but so writ, as - if he had bene unto them a sworne enemie, whereas he thought nothing lesse, all - that his speech being to bee understood of mans unreasonable desires, as well - declareth the wise and grave Rabbin Maymon - - Rabbi Maymon. lib. x. nemore.. - But leave we the morall discourse unto Philosophers and - Divines to dispute of, and let us take that which belongeth unto civill - policie, and speake of the power the Husband hath over the Wife, as proper unto - this our question. By the name of a Wife I understand a just and lawfull Wife, - and not concubine, which is not in the power of him that keepeth her; albeit - that the Roman lawes call it mariage, and not concubinage,A - man hath no power over his Concubine, or her that is but unto him - betrothed. if the concubine be franke and free: which all nations - have of good right rejected, and as it were by secret consent abrogated, as a - thing dishonest and of evill example. Neither doth this power that the Husband - hath over his Wife extend unto her that is but betrothed, upon whome the - betrothed man may not lay his hand; which hath ever bene lawful unto the - Husband, both by the Civil and Canon law: yea if the betrothed - man shall lay violent hand, or force her that is to him - affianced or betrothed, he shall therefore by right suffer capitall punishment. - But what if by consent of the man and of the woman, contract of mariage be made - by words of the present time, before they know one another; for that, the law - calleth just marriage: I am for all that of opinion the power of an Husband not - to be yet gotten by such a contract, except the Wife have followed her Husband: - for as much as by the decrees of the Divines and Canonists (whose authoritie is - in this matter the greatest) as often as question is made of the right of - mariages, scarce any regard is had of such mariages betwixt man and wife, - except it be of fact consumat, by the mutuall conjunction of their bodies; - which by the consent of many nations is expresly received, as often as question - is made of enjoying of such commodities as are - to be gained by mariage. But after that lawful conjunction - How the Husband sometimes hath not of right power over his Wife, and - why. of man and wife (which we have spoken of) the Wife is in the - power of her Husband, except he be a slave, or the sonne of the maister of the - Familie, who have no authoritie over their wives, & much lesse over their - children; which although their married father were manumised, should yet fall - into the power of their grandfather. The reason whereof is, for that a Familie - should have but one head, one maister, and one Lord: whereas otherwise if it - should have many heads, their commaunds would be contrarie, one forbidding what - another commandeth, to the continuall disturbance of the whole familie. And - therefore the woman by condition free, marrying her selfe unto the maister of - the families sonne, is in the power of her father in law, as is also the - free man marrying himselfe unto the maister - of the families daughter, in the power of another man if he go to dwell in the - house of his Father in law: albeit that in all other things he enioy his right - and libertie. Neither seemeth it a thing reasonable, that is by the Roman laws - ordained, That the married daughter, except she be before by her Father set at - libertie, although she have forsaken his house and dwell with her Husband, - shall not yet for all that be in the power of her Husband, but of her father: A - thing contrary unto the law of nature, which willeth, That every man shuld be - maister of his owne house, (as saith Homer) to the end - that he may be a law unto his familie: and repugnant - also unto the law of God, which commaundeth the Wife to forsake father - and mother to follow her Husband; and also - giveth power unto the Husband to confirme or breake the vowes of his Wife. - Wherefore that law of the Romans is* Numeri. 3. - worthily abrogated, and especially with us: for that the custome generally - exempteth the married woman out of the power of her father; as was likewise in - the Lacedemonian Commonweale, as Plutarch writeth, where - the married woman saith thus; When I was a daughter I did the commaund of my - father, but since that I am married, it is my Husband to whome I owe mine - obeysance: for otherwise the wife might tread under foot the commaundement of - her Husband, and acquit her selfe when shee saw good under the guard of her - father. Now the interpretors of this Roman law have used many cautions to avoid - the absurdities and inconveniences following, if the - wife should not be subiect to her husband, untill she were - set at libertie by her father. Yet in that point the lawes of all people agree - with the lawes of God and nature, ThatThe wife by all the - lawes of God and man bound to obey her husband. the wife ought to be - obedient unto her husband, and not to refuse his commaunds not repugnant unto - honestie. One Italian Doctor there is of opinion, That the wife is not in the - power of her husband: but for that of his assertion so singuler and absurd, hee - hath brought neither reason nor authoritie, there hath bene none so fond to - follow the same. For it is certaine by the law of Romulus, - that the husband had not onely the commaund of his wife, but - also power of life and death over her, in foure cases, without - Foure cases wherin a man by Romulus his law had power of - life and death over his wife. any forme of judiciall processe against - her: that is to wit, for Adulterie, for suborning of a child, for - counterfeiting of false keyes, and for drinking of wine. Howbeit the rigor - of those lawes were by the kindnesse of - husbands by little and little moderated, and the punishment of adulterie - committed to the discretion of the parents of the wife: which began to be - renewed & again put in practise in the time of Tiberius - the Emperour; for that the husband putting away his wife for - adulterie, or himselfe attainted* Tacitus lib. 2 with - the same crime, the offence remained unpunished, not without the great reproach - of their kindred, who in auncient time (after the manner of the Romans) - punished the adulterous women with death, or with exile. And albeit that the - power of the husband over his wife was much diminished, yet neverthelesse by - the oration Livi. lib. 33. - which Marcus Cato the Censor made unto the people in defence of - the law Oppia (which tooke from women their habilliments - of collours, and forbad them to weare above - one ounce of gold) it appeareth that the women were al their lives in the - government of their fathers, their brethren, their husbands, & next - kinsmen, in such sort, as that without their leave or authoritie, they could - make no contract, or yet doe any lawfull act. This Cato - the Censor flourished about 550 yeares after the lawes of Romulus: - and 200 years after, Ulpian the Lawyer - writeth, That Tutors and Governers were wont to be given to women and orphans; - but when they were married, that then they were in the hand of the man, that is - to say in the power of the husband. And if any should say That he divided the - title of persons that are in the power of others, from them that are in the - power of others; it followeth not thereof that wives were in the power of their - husbands, but was by him so done, to show the difference of power the husband - hath over his wife, the father over his - children, and the lord over his slaves. And what doubt is there but that this - word Hand, signifieth oftentimes power and authoritie? - the Hebrews, Greeks, & Latines, having alwaies so used it, as when they - say, The hand of the King; and, To come into the hand of - the enemie. And Festus Pompeius, speaking of the husband - bringing home his wife, useth the word Mancipare, a word - proper unto slaves: which word we yet use in many our customes and lawes, where - question is of the emancipating of women. But to make it plaine, this power of - husbands over their wives to have bene common unto all people, we will by two - or three examples declare the same. Olorus - King of Thracia compelled the Dacians overcome by their - - - Justin. lib. 32. enemies, to serve their wives, in - token of extreame servitude, & of the greatest reproach that he could - devise to doe them. We read also that by the lawes of the Lombards the woman - was in the same subjection that the auntient Romans were, and that the husbands - had all power of life and death over their wives, which they yet used in the - time of Baldus, not yet 260. yeares ago. And not to - seeke farther, what people had ever so great power over their wives as had our - auncestors? The French men (saith Lib. 6. Belli - Gallici. - - Caesar) have power of life and death over their wives - and children, in like manner as over their slaves: and beeing never so little - suspected to have wrought their husbands death, are to be tortured by their - owne kinsmen, and being found guiltie are by them to be cruelly executed, - without any further authoritie from the Magistrat. But for - - That it was lawfull for a man to kill his wife for drinking - of wine drinking of wine it was much more manifest that it was cause - sufficient by the Roman lawes for the husband to put his wife to death; wherein - all the Dion. Halic. lib. 2. Plin. li. 14 cap. 13. - Valer. de instit. antiq. auntient writers agree; which was not only - the custome of the Romans, but also (as Theophrastus - writeth) of the auntient inhabitants of Marseiles in Province, and the Milesians, - who used the same law against their wives that had drunke wine, judging that the disordered - desires of the woman subject to wine, would also make her drunke, and so - afterwardsCicero de nat. lib. 3. & de Repub. lib. 1. - Plu. in Problem. Rom. cap. 6. Arnob. lib. 2. adversus gentes. Tertul in Apolog. cap. 6. Gellius lib. 10 cap. 23. & - Alcimus Siculus apud Athenaeum. an - adultresse. We also find that the power given unto the husband by the law of - Romulus, To put his wife to - death for adulterie, without the authoritie of the - Magistrat was common to all Greece, as well as to the Romans. For the law of - Julia which gave leave onely unto the father to kill - his daughter together with the adulterer, being taken in the deed doing, and not otherwise, was made by Augustus the Emperour above seven hundred yeares after - the law of Romulus: And yet by the same law it was - permitted unto certaine persons to do the same that the father might, against - their adulterous wives: a right small punishment being appointed for the - husband, who besides the persons in the law excepted, had killed the - adulterours taken in the fact. But the publick punishment of adulterie - derogateth nothing from the power of the husband, in other - The punishment of wives for adulterie. - sorts of corrections over his wife, not extending unto death, which is unto husbands forbidden. - After that Theodora the Empresse having got the maisterie over Justinian the Emperour her husband, a blockish and - unlearned Prince, when she had made al the lawes she could for the advantage of - women against their husbands; she amongst - others also changed the paine of death for adulterie, into the note of infamie: - as did also in auntient time the Athenians, excommunicating the adulterors, with the note also of infamie, as we read in the - Pleas of Demosthenes: which seemeth but a thing ridiculous, - considering that the note of infamie cannot take any honour from - her which hath already lost the same, and is altogether defamed: for that upon the matter she remaineth altogether unpunished, & - that for such a crime as the law of God Levit. 20. Daniel 12. Deu 24 - punisheth with the most rigorous death that then was, (that is to say with stoning) - and which the auntient Ægyptians punished at the least with cutting off the nose of - the woman, and the mans privities. But in other crimes which more concerned the - husband than the publicke state, and deserved not death, power is by the consent of all men given unto the husband to - chastice his wife, so that it be sparingly done, and within measure. And to the - end that husbands should not abuse the power the law - gave them over their wives, they had an action against their husbands, in case of evill entreatment, - or froward usage; which was afterward by the law of Iustinian - taken away, and a penaltie decreed against them that - had given the cause of the seperation: which were especially grounded upon adulterie; and poisoning attempted, but not - having taken effect. Yet notwithstanding the decree of Justinian, - it is by our custome permitted unto the wife wronged or - evill entreated by her husband, to require seperation. And yet for all - that is no action of iniurie to be suffered betwixt the husband and the wife (as some - No action of injurie to be admitted - betwixt a man & his wife, and why. would have it) and that for - the honour and dignitie of marriage; which the law hath had in so great regard, - that it permitteth not the husband, or any third man to have an action of felonie - against the wife, although she have embeseled or purloyned all her - The hatred betwixt - man and wife of all others most deadly. husbands moveables. But as no - love is greater than that of marriage, (as saith Artemidorus) - so is the hatred of all others most deadly, if it once take root betwixt man and wife; - as was well declared by Leo Embassadour from them of Bizance unto the Athenians, - whome when they in a great assembly had laughed to scorne for his small - stature, Why (said he) do you laugh at me a dwarfe, seeing my wife is much - lesse than my selfe, and scarce so high as my knee; who pleased, although wee - lie in a verie little bed, yet falling out the one with the other, the great - Citie of Constantinople is too little for us - two? Which his pleasant speech served wel to the matter he had in hand, which - was to persuade the Athenians unto peace; which is not easie to doe betwixt the - husband and the wife, especially if one of them hath once sought after the life - of the other. And for that cause the law of God concerning divorcement (which - was afterwardsDivorcement by the law of God allowed. - common to all people, and yet at this present is used in Affrick, and in all - the east) gave leave to the husband to put away his wife, if she pleased him - not, with charge that he might never take her againe, and yet might well marrie - another; which was a meane to keepe the insolent wives in subjection, as also - to represse the anger of the wayward husbands; for what woman (except she were - an arrant whore) would bee so desirous of a man, as to marry an husband that - without any just or probable cause had put - away his wife. Now if it shall seeme to any an unreasonable thing, to bee - lawfull for a man to put away his wife, for no other cause but for that hee - liketh her not, I will not greatly strive, either therefore depart from the law - now with us in use. Yet nothing seemeth unto me more pernitious, than to - constraine the parties so in dislike to live together (except they will) to - declare the cause of the divorcement they desire,Whether in - divorcement it be better to expressethe cause thereof, or to have the - same concealed. & also wel prove the same before - the Judge: For in so doing, the honor of the one or of both the parties is - hazarded, which should not so be if neither of them were enforced to prove - the cause of the divorce unto the Judge. As did in auncient time the Hebrews, - and yet do at this present also, as we see in their Pandects, where is - described the lawful act of divorcement, & the bil of divorcement - which Rabi Ieïel of Paris gave unto - his wife the xxix. of Octob. in the yere - from the creation of the world 5018 - In the yeare of Christ 1240.. Another - example thereof is also extant in the Epitome of the Hebrew Pandects, collected - by the Lawyer Moyses de Maymon in Chaldea, where the - Judge of the place having seene the special procuration, & the act of him - that had put away his wife in the presence of three witnesses, adjoyneth - thereunto these words, That he did purely and simply divorce her, and without - any cause showing, giving them both leave to marry whome they should see good. - In which doing the woman was not dishonoured, but might with safe reputation - marrie with another sortable to her owne qualitie. And - albeit that the Athenians admitted no divorcement, except the cause were first - proved before the Judges, yet seemed it to all good men to be a thing of great - daunger, insomuch that - - Plut. in Alci. - - Alcibiades fearing the publick scandall tooke his wife - openly complaining before the Judges, and carried her away home upon his - shoulders. More indifferently delt the auncient Romans, in joyning no cause at - all unto the bill of divorcement: as is to be seene when - Paulus Æmilius put away his wife, whome he confessed to be very - wise,* Plut. in Aemi. honest; and nobly descended; - and by whom he had also many faire children: but when his wives friends - complaining unto him, would needs know of him the cause of the divorce, he - showed them his shoo, which was very handsomly and well made; and yet said he, - none of you but my selfe feeleth where this shoo wringeth mee. - But what if the cause seeme not sufficient unto the Judge? or be not - well proved? is it therefore meet to enforce - the parties to live together, in that societie which is of all other the - straitest, having alwaies the one the other the obiect of their griefs stil - before their eies. Truly I am not of that opinion: for seeing themselves - brought into extreame servitude,Divorcement - necessarie. feare, and perpetuall discord, hereof ensue adulteries, - and oftentimes murthers and poysonings, for the most part to men unknowne; as - it was discovered in Rome, before the law of divorcement (first made by - Spurius Carvilius, about 500. yeares after the foundation - of the citie) a woman being apprehended and convicted for poysoning her - husband, accused other her companions in the fact, who afterward by mutuall - accusations appeached seventie others of the same crime for poysoning their - husbands, who were all therefore executed: which how much the more is it to bee - feared where divorcements are altogether - forbidden? For both the Greek and the Roman Emperours, willing to take away the - often use and easinesse of divorcements, and to amend the auncient custome, - ordained no other penaltie than the losse of the dowry, or of the other - matrimonial conventions, unto the partie that shuld be the cause of the - divorce. Anastasius also suffered divorcement, by - consent of both parties, to bee made without any penaltie or punishment: which - was by Justinian the Emperour, or rather - Theodora his wife forbidden. Now of that which we have - alreadie said, every man as I suppose, may of himselfe judge which is most - expedient for a Commonweale.

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But what change or varietie of lawes soever in such diversitie of Commonweals, - there was never law or custome that exempted the wife from the obeysance, and - not onely from the obeysance, but also from - the reverence that shee oweth unto her husband; in such sort that the law - permitteth not the wife to sue her husband without the leave of the Magistrat. - But as nothing is greater, better, or more necessarie for the preservation not - of Families only, but of Commonweals also, than the honest obedience of wives - towards their husbands, as saith Euripides: so beseemeth - it not the husband under the shadow of this power, to make a slave of his wife. - And wheras Marcus Varro - - Wives to be corrected rather with words then with - stripes. is of opinion that slaves ought rather to be corrected with - words than with stripes; much more ought the wife to be, whom both God and mans - law doth call his housefellow. So Homer bringing in - Jupiter reproving his wife Juno, - and seeing her rebellions, useth great threats, but proceedeth unto no further - extremities. And Cato commonly - reputed to be a sworne enemie unto women, did never beat his - wife, reputing that to be as it were a sacrilege; but used so to maintaine the - power and dignitie of a husband, as that he had his wife alwaies at commaund: - which he shal never do which of a maister is become her companion, & - afterward her servant, & of a servant her very slave. As was of old - objected unto the Lacedemonians, who called their wives their - Plut. in Laconicis. Ladies - and Mistresses: which the Romans did also, not the privat men only, but even - Arist. lib. 2. Politic. their - Emperors themselves, in the declination of their Empire; who at length - together with their domesticall government lost also their publick soveraigntie. - Albeit thatTranquillus in Claudio. - such women as take pleasure in commaunding their effeminat - husbands, are like unto them that had rather to guide the blind, than to follow - the wise and cleere sighted. - -

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Now the law of God, and the holy tongue, which hath named all things - accordingThe authoritie and power of the husband over his wife. - to the true nature and proprietie thereof, calleth the husband - Bahal, that is to say, Lord and maister; - to show that unto him belongeth the soveraigntie to commaund. The lawes also - of all nations, to abate the pride of women, and to make men know that - they ought to excell their wives in wisedome and vertue, - have ordained that the honor and glorie of the wife should depend of her - husband, as of the Sunne: in such sort that if the husband be noble, he - enobleth his base wife; but if the wife beeing nobly borne marry a man of base - degree, shee looseth her nobilitie, albeit that of auncient time - there have bene many and yet are, which take their nobilitie and - gentrie from their mothers, and not from their - fathers; as the Lycians, the Delphiens, the Xanthiques, the Ilienses, and the - Capadocians: whether it were for the uncertaintie of their fathers, or for that - they had lost all their nobilitie in the warres; as in Campagne; where the - wives (for the cause aforesaid) ennoble their base husbands and their children; - as also among the Indians in Calecut, the kings even yet, and the Nobilitie - which they call Naires have scarce at any time their - owne children inheritors of their kingdome or goods, but the children of noble - women although they be bastards: yet for all that the interpretors of the law - hold, that it ought not so to be done either by custome or decrees; for the - generall agreement of almost all people to the contrarie, as Herodotus - hath long ago written. And therefore it is most right that - the wife should follow the Condition, - Countrie, Familie, Dwelling, and beginning of her husband: and in case that her - husband be an exiled or banished man, yet is the wife bound to follow him, - wherein all the interpretors both of the Canon and Civill law agree. All lawes - and customes also have made the husband maister of his wives actions, and to - take the profit of all the lands and goods that to her befall: and suffer not - the wife to stand in judgement either as plaintive or defendant, without the - authoritie of her husband; or at least without the authoritie of the Judge who - may give her authoritie so to do in the absence of her husband, or he refusing - so to doe. All undoubtfull arguments to shew the authoritie, power, and - commaund that the husband hath over his wife, by the lawes both of God and man: - as also of the subiection, reverence, and obedience which - the woman oweth unto her husband, in all honour and things - lawfull. Yet I doubt not, but that women in their matrimoniall contracts have - sometimes used to covenant not to be in any thing subiect unto their husbands: - but for as much as such covenants and agreements are contrarie to the lawes - both of God and man, as also unto publick honestie, they are not to bee - observed and kept, in such sort, as that no man can thereunto to be bound by - oath.

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- -
- - - - CHAP. IIII. ¶ Of the power of a Father, and whether it - be meet for the Father to have power of life - and death ouer his children, as had the auntient Romans. - -

- - THe right gouernment of the Father and the - children, consisteth in the good vse of the power which God (himselfe▪ the - Father of nature) hath giuen to the Father ouer his owne children: or the law - ouer them whom any man adopteth for children unto himselfe: and in the - obedience, loue, and reuerence of the children towards their Fathers. This word - Power, is common unto all such as have power to commaund ouer others; either - publickly or priuatly. So the Prince (saith Seneca) hath - power ouer his subiects, the Magistrat ouer priuat men▪ the Father ouer his - children, the Maister ouer his schollers, the Captaine ouer his souldiers, and - the Lord ouer - - The power of the Father ouer his children is the onely - 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 - 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 - bound to nourish his children according to his abilitie▪ and to instruct them - in all ciuilitie and vertue: so the children also when they are once grown vp are bound, but with a much more straiter bond, to - loue, reuerence, serue, and nourish - - The dutie of parents towards their children: and their great - dutie againe towards them. their Father, and in all things to shew - themselves dutifull and obedient unto them, and by all meanes to hide and couer - their infirmities and imperfections, if they see any in them, and neuer to - spare their lives and goods to saue the life of them by whome they themselves - tooke breath. The which bond, albeit it bee sealed with the seale of nature, - and engrafted in every one of our minds, and carrieth with it a readie - execution: yet so it is neuerthelesse, that to show the greatnes thereof there - can be no greater argument, than the first commaundement of the second table, - which alone of all theExod. 22. Deut. 5. ten - Commaundements propoundeth a reward unto children which honour their parents: - although no reward be unto him due that doth but his dutie: and so much the - lesse, for that there is no more religious a decree in all the lawes both of - God and man; neither any curse greater in holy - writ, than against him who wickedly laughed at the naked priuities of his - Father. Neither is it maruell if wee in holy Scripture readGen 27. 28. - - Valer. Max. lib. 2. of the contentions and - strife of the sonnes among themselves, for the getting and foregaining their - Fathers blessing; as they which feared more their curse than death: As young - Torquatus who cast off by his Father, slew himselfe - for sorrow. And that is it why Plato saith, that aboue - all things we must have care of the cursings and blessings that the Fathers - giue unto their children: for that there is no prayer that God doth more - readily heare, than that of the Father towards his children. If children then - bee so straitly bound to obey and reuerence their parents? what punishment then - deserue they that are unto them disobedient, irreuerent, or iniurious? what - punishment can be great enough for him which - shall presume to lay violent hand vpon his Father or Mother? for against him - that shal murder either of them, there was neuer yet Iudge or law maker that - could deuise torment sufficient for a fact so execrable: although that by the - law Pompeia, a punishment be appointed rather new and - strange, than fit for such a crime. And albeit that we have seene one in our - memorie (who had caused his Father to be slaine) torne with hot yron tongs, - afterwards broken vpon the wheele, and so at last (being yet alive) burnt: yet - was there no man which did not more abhorre the wickednesse of his villanie, - than the horror of his punishment, and which said not that he had deserued more - than he had yet suffered. Also the wise Solon; when hee - had made lawes for the Athenians, being asked why he had appointed no - punishment against him which had killed his - Father; answered, That he thought there was no man so wicked as to commit so - horrible a fact: which was grauely answered: for the wise law maker should - neuer make mention of an offence which is not at all, or but very little - knowne, for feare he should not seeme so much to forbid the fact, as to put the - wicked in remembrance thereof. But if the crime be great and execrable, he must - neither colour it by sufferance, as forgotten, neither point it out unto the - eye with his finger; but by circumstances and propounding of the punishments of - like facts, deterre the wicked from such hainous offences. As we see the law of - God hath not appointed any punishment against him that murdereth his Father or - his Mother, neither against him that beateth either the one or the other (as - doth the law Seruia, which condemneth them to death for such a crime) yet giueth it full power and - authoritie unto the Father and Mother to stone the disobedient child, so that - it be done in the presence of the magistrat, to whome for all that it belongeth - 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 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 - - That the child which reuileth his Father or mother - should die the death: the examination whereof - is not left unto the parents, but to the Iudges themselves, to the intent that - the offence should not remaine vnpunished. For so great is the loue of the - fatherParents how vnwilling to have their children - 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 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 - all that being afterward taken, and confessing the fact, the Iudges condemned - 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 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 - forgiuenesse: from which sentence hee appealed unto the parlement of Toulouze, - where the former sentence was reuersed as not iust, and the sonne condemned to - be burnt quick; the most wretched mother in vaine complaining and cryingGood iustice done vpon a disobedient child. out against - the rigor of the lawes and seueritie of the Iudges, protesting that she did - pardon him, and that she had not of him receiued any iniurie at all. And Seneca speaking of a - Father who but thrust his sonne out of his house; O with what griefe (saith - hee) doth the Father cut off his owne limmes! what sighes doth he fetch in the - cutting! how often doth he mourne for those limmes cut off! and how often doth - hee wish to have them againe!

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All this that I have said, and the examples of fresh memorie by me produced, - serueThat parents should have power of life and death - ouer their children. to show that it is needful in a well ordered - Commonweale, to restore unto parents the power of life and death ouer their - children, which by the law of God and nature is giuen them, the most auntient - law that euer was common unto the Persians, unto the people of the vpper Asia, - as also unto the Romans, the Hebrews, the Celtes, and in vse in all the West - Indies, vntill they were conquered by the Spaniards: otherwise wee must neuer hope to see the good orders, honour, - vertue, or antient glorie of Commonweals reestablished. For Iustinian the Emperour deceiueth vs in saying that no people had such - 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 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 - children, as well as ouer their Slaves. And although that by the law of Romulus power was giuen unto the husband, for foure - causes onely to kill his wife: yet neuerthelesse by the same law, full power - was giuen unto the Father to dispose of the - life and death of his children, without condition or exception thereunto - adioyned; and that whatsoeuer they got, was not theirs, but their Fathers: - Which power the Romans had not only ouer their own children, but also ouer the - children of other men by them adopted. Which power was about 260 yeares after - ratified and amplified by the lawes of the xij Tables, which gaue power also - unto the Father to sell his children: and in case they had afterward redeemed - themselves, or were set at libertie by such as had bought them, they might yet - sell them againe, and so the third time. The like whereof in all points is to - be found in the Westerne islands, as we read in the Historie of the Indies. And yet at this present amongst the Moscouits and - Tartars (whom the auncient Historiographers - called the Asian Scythians) it is lawfull for the Father to sell his sonne - foure times, after which if he shall redeeme himselfe he is for euer free. By - meanes of this fatherly power the Romans long flourished in all honour and - vertue; and oftentimes was their Commonwealth therby delivered from most - imminent destruction, when the fathers drew out of the Consistories their owne - sonnes being Tribunes, publishing laws tending to sedition. As amongst others - Cassius threw his sonneAnotable - example of a fathers seueritie against his sonne, being a great - officer. headlong out of the Consistorie, publishing the law Agraria (for the diuision of lands) in the behoofe of the - people, and afterward by his owne priuat iudgement put him to death, the - magistrats, Sergeants, & people standing thereat astonied, & not daring - to withstand his fatherly authoritie, althogh they wold with al their power - have had that law for the diuision of lands. - Which is sufficient proofe, this power of the father not onely to have bene - sacred and inuiolable, but also to have bene lawfull for him either by right or - wrong to dispose of the life and death of his children, euen contrarie to the - will of the magistrats and people. Also when Valer. - Maxi▪ lib. 4. - - Pomponius the Tribune of the people, had for diuers - causes accused Torquatus unto the people, and amongst - other things had charged him that he too much oppressed his sonne with countrey - labour: so it fell out that the sonne himselfe going unto the Tribune, and - finding him in bed, setting his dagger unto his throat, caused him to sweare to - desist from further prosecuting of the accusation against his father. So the - Tribune comming againe into the Consistorie least he might seeme to vse - collusion with Torquatus, whome he had before - accused, now excused himselfe unto the - people for not presenting his accusation, by the oath extorted from him: which - the people understanding, would not suffer him to proceed therein any further. - By which two examples a man may iudge that the Romans in their estate, made - greater reckoning of the power of the father, than of the lawes themselves, - which they called Sacred: by which the head of him was vowed to Iupiter, who had onely attempted in offensiue manner, but - to touch the Dion. Halycar. lib. 7. & Liuius lib. - 3. most holy Tribunes bodie. For they were of opinion that - domesticall iustice and power of fathers, were the most sure and firme - foundation of lawes, honour, vertue, pietie, wherewith a Commonweale ought to - flourish. Neither was it maruell if in the Roman Commonwealth we see such rare - examples of reuerend dutie of children towards their parents, as are not els where to be read of: one I have - amongst a thousand alreadieThe rare pietie of a daughter - toward her father. spoken of; and another such there is, as that - 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 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 - have a naturall feeling of this kind dutie, and are seene to feed their parents - now growne weake with age: but especially the Storke, which the holy tongue Leuit 11. - iob. 38. (which nameth things according to their secret proprieties) - calleth Chasida, that is to say, dutifull and - charitable; for so much as shee nourisheth her father and mother in their age. - And albeit that the father be in dutie bound to instruct his children in all - vertues, but especially in the feare of God: yet if hee shall forget his dutie, - are not the children therefore excused of theirs: albeit that Solon the lawmaker contrarie unto reason, hath by his lawes acquited - the sonne from the nourishing of his father, if he have taught him no trade or - occupation whereby to get his liuing. But the right instruction of children - (than which nothing can be deuised more profitable or - better in a Commonweale) dependeth of that fatherly power which I have before - spoken of. For publick iustice taketh no - knowledge of the disobedientnesse & vnreuerentnesse of children toward - their parents, neither of their other vices, which disordered libertie bringeth - their young years unto, as dicing, drunkennesse, whoredome: and albeit that - punishment be appointed against such offences, yet neuerthelesse the poore - parents carefull of their reputation and credit, neuer are to complaine of - their children unto the Magistrat, neither accuse them; and yet the power to - punish them is taken from them: so that children now standing in no feare of - their parents, and much lesse of God doe for most part escape the iudgement of - the magistrat, who commonly punisheth but Slaves and such others of base - condition.

- -

But impossible it is that the foundation of a Commonweale being euill laid, - (that is - - The power of fathers ouer their children much profitable to - the Commonweale: and the want thereof much hurtfull. to say, the - bringing vp of children nd families) any thing that - is firme and sure should be thereupon built. Besides that, the contention, - strife, and discord, which we daily see amongst brethren and sisters, were - easily appeased and extinguished whilest the father yet lived, their marriages - not taking from him this power ouer them: and albeit that he had set at - libertie them that were maried, & departed out of his house, to keep house - by themselves, (which they easily did not) yet neuerthelesse the remembrance of - the reuerend duty they ought unto their parents for euer remained fast - imprinted in the harts and minds of the children. Wherefore should wee then - maruell the magistrat to be troubled with so many sutes, and those for most - part betwixt the husband and the wife, betwixt brethren and sisters; yea and - that more, is betwixt parents and their children? but that the wife, the children, and seruants, are all loased from the - domesticall power of their ancestors. So the fatherly power being by little - & little diminished vpon the declination of the Roman Empire; so also - shortly after vanished away their antient vertue, & al the glorie of their - Commonweal: and so in place of pietie & ciuilitie, ensued a million of - vices and villanies. The first staine, and beginning of taking awayHow the power of life and death ouer their children was in Rome - first taken from their parents. the power of life and death from - parents, proceed from the ambition of the Magistrats, who seeking to encrease - their iurisdiction, & by little and little drawing unto them the deciding - of all matters, extinguished all domesticall powers: which happened especially - after the death of Augustus Caesar; at which time wee - 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 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 - and life of parents being subiect to a thousand daungers, except their children - either by the feare of God, or the goodnesse of their owne nature, be kept - within the bounds of their dutie; neither ought it seeme straunge unto any man, - that Nero made no conscience to kill his mother, neither - repented him to have killed her, for that it was a thing common: the cause - whereof Seneca giueth not, which was, for that the - father to chastice his son must then go to the - magistrat to accuse him, which the auntient Romans could neuer endure. For Quintus Fuluius the Senator in the time of Cicero, of his owne authority put to death his sonne, for - taking part in the conspiracie of Cateline. And in the - time of Augustus, Tatius the Senator being about to - proceed against his sonne in a capitall crime, requested Augustus home to his house, who being come thither, tooke not vpon him - the place of a Iudge (as saith Seneca) but of a priuat - man, as come onely to giue counsell. We see also that by the law Pompeia, made against parricides, all they which are next - of kinne are bound to the penaltie of the law, except the father. Yet it - sufficiently appeareth, that in the time of Vlpian and Paul the Lawyers, the - power that fathers had of life and death ouer - their children lay then in a sort buried and forgotten: for that one of them - saith, The father must accuse his sonne before the Iudge: and the other, That - the children are not of right to complaine, if they be by their fathers - 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 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 - - Note. abrogated by any custome, be it neuer so old; - except it be repealed by a contrary law, carrying expresse derogation with it: - otherwise being in force and readie to be againe put in vse: insomuch that it - was necessarie that certaine lawes of the xij. tables by long custome out of - vse, yet for all that should by a new law bee abrogated: which was done at the - motion of Aebutius, in whose time the fathers power of - life and death, yet kept their children with in the compasse of their dutie. - But when the children in the time of Constantine had by - the sufferance of their fathers by little and little shaken off that power and - authoritie of their fathers, they obtained also of the same Emperour, That of - their mothers inheritance their fathers should have but the vse and profit, and - they themselves the proprietie, which their fathers might not alienate. And - afterwards they likewise obtained of Theodosius the yonger, That the proprietie of all manner - of goods in generall howsoeuer they came by them, should belong unto the - sonnes, the vse and profit thereof onely being left unto the fathers; so that - they could not alienat the proprietie, neither in any sort dispose thereof: yea - and with vs not onely the vse and profit of such goods, but not so much as the - bare vse is left unto the father, which hath so puffed vp the hearts of the - children, as that they oftentimes commaund their parents, by necessitie - constrained to obey them, or to die for hunger.

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- - Iustinian also would not that children should be set at - libertie by their parents withoutHow parents were woont to - emancipat their children. their owne consent, that is to say, without - some bountie which the father ought to giue unto his sonne: when as yet for all - that in old time emancipation or setting at libertie, was the reward of the childs kindnesse and dutifulnes - towards his parents. Hereof proceeded that filthie buying and selling of - emancipation betwixt fathers and their children: insomuch that such things as - the father had giuen unto the sonne in reward of his emancipation, remained - unto him for gaine; neither was he bound to communicat the same with his - brethren, or to have any whit the lesse therefore of his fathers inheritance, - except the same were expressely comprehended in the lawfull act of - emancipation: which they also yet vse amongst vs, which have the Roman decrees - for lawes. But if the sonne hath learned any gainefull trade, or is by - trafficke in marchandise become rich, and giueth something unto his father that - setteth him at libertie, it is counted unto the father for the right he should - have in the goods of his son dying before him, - so that he can claime no part therein, although it be not at all expressed in - the act of the sonnes emancipation; or yet be expressed that such gift unto the - father yet liuing, should be not let wherefore he should the lesse have the - whole right of the lawfull inheritance, his sonne dying before him. For why? - that whatsoeuer it is that is giuen to the father, is accounted as giuen him - for his lawfull part: so that by this means the father is in worse state than - the sonne, who for all that both by the lawes of God and man is bound to - nourish his parents so long as they live, the father not being bound by the law - of Romulus to nourish his sonne, but vntill he be seuen - yeares old. And although Lawyers goe farther, - neuerthelesse to make it plaine that parents are not bound to feed their children, it was neuer by any law - permitted for children to sueWhether parents be bound to - nourish their children: and how long. their parents for their food, - but by the leaue of the magistrat by humble request before obtained. Besides - all these indignities, Iustinian hath exempted all - Senators, Bishops, & Consuls from the power of their fathers: as in like - case them also which enter into houses of Religion. And in countries also where - we vse Statute laws, besides those we have spoken of, they have also exempted - out of their fathers powers them that are married, or have beene out of their - fathers houses by the space of ten yeares: which hath caused the Italian - Lawyers to write that the French men are not in the power of their fathers: as - in truth there remaineth nothing thereof, but the imaginarie shadow, when as - the father authoriseth his children unto lawfull acts, as to redeeme lands of inheritance, which the father himselfe hath - sold, or to take a possession doubtfull, or for the trade or traffique of - marchandise: in which case the Iudge without the kings letters royall at the - request of the father may set at libertie his sonne. And albeit that Philip of Valois set at libertie his sonne Iohn, to giue unto him the dutchie of Normandie: yet such - his emancipation serued to no purpose, no more than those which were ordinarily - made; seeing that neither the giuer, neither he to whome the thing was giuen, - neither the thing it selfe giuen, were subiect unto the Roman civill law: nor - that the fathers (in countries gouerned by customs) had any thing to do with - the goods of their children.

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But the fathers thus dispoiled of their power, and of the goods got by their - children, - - Whether the sonne may resist his father offering him - violēcei or for any cause kill his father. Souldiors in antient times were - beaten with vines. it is yet by many demanded, If the sonne may of - right defend himselfe, or withstand his father, offering him violence? Neither - have there wanted some which were of opinion, That the sonne might of right so - do: as if in that there were no difference whether the father or any other - should offer him violence. But if it be so that the souldior which had onely - broken the vine trunchion of his Captaine, beating him by right or wrong, was - by the law of armes to be put to death: then what punishment deserueth the - sonne which layeth hand vpon his father? Yea some have passed further, and - written that the sonne might kill his father, if he were an enemie unto the - Commonweale.Plin. lib. 12. But in mine opinion - that is not vnlawfull onely for any man to doe, but impietie also for any man - 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, 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 - father is there which in the time of civill warre could escape the hands of his - murtherous child? For men know well that in such warres the weakest goeth to - the wals, and they that get the vpper hand make all traitors whom they list. - And in other wars not onely they are iudged traitors which have giuen unto - their enemies help and counsell, but also they which have sold them armour, - corne, or other victuals. As by the laws of - England, to aid the enemie in any sort whatsoeuer, is accounted high treason. - 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, 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 - his countrey, his goods, his children, and the liberties of the citie, before - taken from him. But happily it had beene better that the citie of Venice had bene swallowed vp with the sea, than to have giuen a - reward unto so great and detestable a - villanie. Henrie the second the French king, tooke in - good part the excuse of Maximilian king of Bohemia in - the yere 1557, in that he had refused to giue safe conduct unto the duke of - Wittemberg, ambassadour for the French; confessing that it was indeed against - the law of nations, but that yet neuerthelesse he durst do no other for - disobeying of his father. Now if it be lawfull to violat the lawes of nations - rather than to disobey our father in so small a matter; what iust excuse can - there bee, or reason giuen for the killing of ones father? Wherefore I thus - resolue, That there can be no iust cause for which a man may lawfully lay - violent hand vpon his father. And albeit that such killing of ones father be in - it selfe a fowle fact, yet fowler is the reward thereof; but of all other - things most fowle and pernitious it is to allow reward for the same, for that by prounding such rewards for killing of a - mans father, neither brethren can be in safetie from being murthered by their - brethren; neither the nighest kinsmen for being slaine one by another. As - indeed it chaunced in the yeare 1567 that Sampetre Corse - was slaine by his owne cosin germaine; for which he had giuen him in reward ten - thousand crownes, which the Senat and people of Genua had caused to be leuied - for him. But how much better were it to follow the example of Cicero, who thought it better as it were in silence to passe ouer the - selfe same questions moued by the two auncient Philosophers Antiochus and Antipater, as a place too - slipperie and daungerous. Ioyning hereunto also, that the law of the Romans it - selfe forbiddeth any reward to be propounded unto banished men for the killing - of theeves: howbeit that - - Adrian the Emperour would have him pardoned that had - killed a theefe. Wherefore I thus conclude, That princes and law makers should - measure the power and authoritie of parents, according to the law of God; - whether they be their lawful, or naturall children, or both together; so that - they be not conceiued in incest, for such the lawes both of God and man have - alwaies had in detestation.

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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, 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 - him not though he deserue the same. For so great is the loue and affection of - parents towards their children, that the law neuer presumed that they would do - 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 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 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; - yet bring no example therof: Let vs grant some such to have bene: should - therefore a good law giuer leaue a good law vnmade for the inconueniences which - some few times ensue thereof? It being a common saying in the law, That of such - things as seldome happen the lawmaker ought to take no care. And where euer was - there a law so iust, so natural, or so necessarie, that was not subiect unto - many inconueniences? So that he which would abrogat al - laws for some few absurdities ensuing of them, should not leaue one of them, as Cato the greater - wisely reasoned. In briefe (I say) that the natural loue of fathers and mothers - toward their children, is impossible and incompatible with so great cruekie, as - is the vniust killing of their children: and that the greatest torment that a - 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, - 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 - him that had wrongfully or without cause - slaine his sonne, but for the space of three daies after to bee shut vp - together with the dead bodie of his sonne so by▪ him slaine: For they thought - it a thing detestable, for the death of the sonne to take away the life of the - father, from whome he had receiued his. Yet might one say, that if fathers had - 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, 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 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 - in such sort to proceed to defend the Consuls dignitie. And so farre hath it - 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 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 - childrens goods, which if they should be in the full disposition of the - fathers, they might without cause disinherit - some, and enrich others: whereunto mine aunswere is, That the lawes have - therefore also prouided, by offering iustice unto children disinherited; and - propounding the causes of lawfull disinheriting. Howbeit that the auntient law - of the Romans is more commendable, which neuer permitted the child by way of - action to impugne his fathers will and testament; but onely by the way of - request, and speaking of his dead father in all humilitie all honour and - reuerence, leauing all the matter unto the discretion and conscience of the - Iudge. But after that the Pretors, who could not make any man heire unto his - father, yet by their decrees gaue possession of the goods (the force of which - possession, was almost the same that it was to be appointed heire,) & that - the magistrats had bound certain definit portions unto the children; then forthwith began the parents by little and little - to be contemned of their children, & their death by them longed for. Which - thing was the cause that one of the Ephori of the Lacedemonians made a law * - concerning the making of Testaments, wherebyPlu. in - Lycurg. it was lawfull for every man to bequeath his goods as he - pleased▪ (when as before, the libertie of making of Wils was by long custome - taken away) alledging that the pride and insolencie of children against their - parents was so by the feare of disinheriting to be restrayned. But if any man - shall account it better for inheritances to be conferred by the appointment of - the lawes than by Testament, I will not striue with him - therefore, seeing it is by the law of God Numer. - 23. set downe that children should not by assentation and flatterie rather than by their kind duties - preuenting their fathers inheritances, spoyle themselves of their mutuall and - brotherly loue: but yet why vse we not the same diuine law Deut. 21. which giueth unto the father the power of life - and death ouer his children.

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We have before said▪ fathers to have had that power of life and death ouer - themAdoptiue children as well in the power of their - adoptiue fathers, as were the children begot in lawfull matrimonie. - also whome they had adopted: in like manner as they had ouer them whom they had - in lawfull matrimonie begotten: and although the lawes of adoption were by the - new lawes of Iustinian almost abrogated; yet I thinke no - man doubteth but that the law of adoption was of so auntient right, & so - common also almost unto all people, as that it deserueth to be againe called - into vse. Wee see the most auntient people to have had it in singuler estimation: as we read Iacob himselfe to have adopted Ephraim and Manasses - - Gen. cap. vl. his - nephewes, (albeit he had twelue children yet liuing, who had diuers others - also) and gaue them part of the land which hee had by force of armes conquered. - Which to have hene before also in vse with the Aegyptians, is manifest by Moyses, whome the kings daughter▪ Exod. 1. adopted for her owne. Wee see also Theseus to have bene solemnly adopted by Aegeus king of Athens, who made him his successor in the - State, albeit that he was but his base sonne: After which time all the - Athenians which had base children by Athenian women, were constrained to adopt - them, and to cause them to be registred as their lawfull children, and to leaue - them their part and portion of their goods as they did unto the rest of their - children. For why? they accounted none a - bastard but him that was begotten of a father or a mother, being a straunger▪ - albeit she were a woman of neuer so great honour. As also all the people of the - East made little no difference betwixt the children - that they had by their wiues and their handmaids. For Iacob the Patriarch made like reckoning of those which hee had by his - wiues, and of those which he had by his handmaids: although that Sara had driuen out of his fathers house the child - begotten by the handmaid, * least he should have had part in the lawfull - inheritance. And Diodorus - - Lib. 2. cap. 3 also writeth, The children of - the Aegyptians begotten of their bondwomen, to have had as great prerogatiue as - the rest that were begot in lawfull marriage. For why? it was lawfull for them - 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 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 - than of meere straungers▪ neither were they compelled to adopt them, as were - the Athenians, neither to bequeath them any thing by their will, neither had - they any power ouer them. Which seueritie of the lawes was yet moderated in the - raigne of Theodosius and Arcadius. And afterward it was ordained by the Emperor Zeno, that such base children should be accounted for - legitimat, by the marriage of their father afterwards ensuing with their - mother. And that more is Anastasius - - decreed that all bastards should by adoption - be reputed legitimat▪ but first Iustinus, and after him - Iustinian abrogated that decree, and shut the gate - against bastards, to the end that euerie man should desire to have lawfull - wiues and children; and that auntient houses, and the rights of successions and - inheritances should not bee altered and troubled by the adoption of bastards: - the rights of adoption neuerthelesse yet still remaining, which had bene - receiued to supplie the defect of nature; and whereof the auntient Romans had - had so great esteeme, as that the adoptiue fathers had the same power of life - and death ouer their adoptiue children, that they had ouer their owne: which was the true cause that women could not adopt - children before the edict published by Dioclesian, considering that they themselves were in the - perpetuall power of their parents, husbands, or neere kinsmen: as also in - Greece it was not lawful for them to adopt, as writeth the Orator Isaeus. So then the right of adoptions, ennobled by the - Romans (and especially after that they had extended the frontiers of their - Empire more than euer before) other people also had it so much the more in - regard: the Gothes, (I say) the Germans, the French, the Saliens; as we see in - the lawes of the Ripuaires, where they vse the word Adfatinir for adopter: holding their adoptiue children in the same - degree that they did their owne naturall and lawfull children, in the right of - their succession into their inheritance: For by the auntient custome of the - Romans they were both indifferently called unto their fathers inheritances as - his heirs. For so we read in Cassiodorus, that Theodoric king of the Gothes, - adopted the king of the Herules: and that Luitpr and - king of the Lombards adopted the sonne of Charles prince - of Fraunce, by cutting his haire, although he had sonnes of his owne in lawfull - 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 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 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, 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 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 - adopted Tiberius, who adopted Caligula: so did Claudius adopt Nero, unto whome Galba succeeding - without children, Tranquil in Galba. adopted - Piso before his - armie, which custome was afterwards kept in the adoption of * Aurelianus - - Vopiscus in Aureliano. the Emperour; as would Iustinian the Emperour have adopted Cosroe king of Persia, which he refused; supposing (though yet falsly) - the way unto the Empire to bee by that meane shut vp. Procopius. We read also that the Emperour Nerua for lacke of children adopted Traian; - & he Adrian; who afterward adopted Antoninus Pius; and not contented to have adopted so good a man, - 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 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 used 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, 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, 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 - her in the same kingdoms. And not long after, Henry the - fift king of England was adopted, not by Charles the - sixt then distracted of his wits, but by his wife: who by her new son in law, - caused Charles her owne sonne to be denounced incapable - of the Crowne, albeit that he were a right wise and vertuous Prince. But Iustinian the Emperour willing to remedie such abuses, - ordained that adoptiue children should neuerthelesse not faile to enioy the - inheritance of their owne naturall or lawfull fathers; for that their adoptiue - fathers would oftentimes vpon small - occasion cast them off againe, whereby it came to passe that they went without - the inheritance of both their fathers: yet did he wrongfully take away the - right of the fathers power, which was the onely marke of adoption, which taken - away, nothing more remained. Now it were much better to prohibit adoptions to - them, which had sonnes either naturall or legitimat: & in case they had - none, that the adoptiue children should succeed in all the right of their owne - naturall and lawfull children. Truely by our custome it is lawfull for euerie - man to adopt: yet no preiudice is thereby made unto the next of kin, or them - which should lawfully inherite: for that more cannot be giuen or bequeathed - unto the adoptiue sonne, than to him that is a meere straunger: and yet that - the father might for all that receiue the - profit of the adoption; whereof Scipio Africanus the - Great, in his time complained in the Oration which he had unto the people of - his Censureship: as also after the publication of the law Iulia Pappia, which gaue great priueledges unto them which had - children: they which had none adopted some (to have the benefit of the lawas, - to be capable of some Magistracie or office) and in short time after they had - once gained that they sought for, cast off those their adoptiue children - 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 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 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 - conceiued in hope of children; nor that for such adoptiue children, such - donations should be void, as were by the law it selfe to be reuoked when the - donatour had any children, either naturall or legitimat; nor that by the - adoption of male children, women should be kept from their lawfull inheritance, - from which they by the law are wont by the male children to bee excluded; - neither that the word Sonne added unto the lawes, - testaments, or other lawfull acts was to be extended unto them whome we adopt: all which deceits it is good to cut - off, and yet not to extinguish the right of adoptions; and at the least to - leaue unto the adoptiue father his fatherly power, to keepe in obedience his - adoptiue sonne. And thus much of the second part of a Familie, concerning the - power of a father ouer his children, and of their mutuall duties. Now let vs - likewise speake of the third part also.

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- - - - - - CHAP. V. - - Of the power of a Lord or Maister ouer his - Slaves, and whether Slaves are to be suffred in a well ordered - Commonweale. - -

- - THe third part of the gouernment of a Familie - dependeth of the power of the Lord oues his Slaves, and of the Maister ouer his - seruants; and in their mutuall duties one toward another. For theWhereof a Familie tooke name. very name of a Familie, - came of Famulus and Famulatio, - for that it had in it a great number of Slaves: and so of the greatest part of - them that are in subiection in the Familie, men call all the whole houshold a - Familie; or els for that there was no greater meanes to gather wealth than by - Slaves and seruants, which the Latines call - Famuli, the auntients not without cause have called - this multitude of Slaves and seruants a Familie. And Seneca willing to show of what moderation a Master ought to be toward - his Slaves, saith our ancestors to have called the head of a Familie, Father of - the Familie, and not Lord. And for that the whole world is full of Slaves, - excepting certaine countries in Europe (which since also by little and little - receiue them) it is needfull here to reason of the power of Lords and Maisters - ouer their Slaves, and of the profits and disprofits which may redound unto a - Commonweale, if slauery should againe be called into vse: a question of great - moment not for Families and societies onely, but for all Commonweals also in - generall.

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Now every Slaue is either naturall, that is to wit, begotten of a woman Slaue, - or made a Slaue by law of armes; or by some - crime committed (whome men call a slaueThe diuision of - Slaves. to punishment) or one which hath for money departed with his - libertie, or hath plaid away his libertie, as did in auntient time the Almans: - or else such an one as hath voluntarily vowed himselfe to be a perpetuall Slaue - unto another man; as was the manner of the Hebrewes. The prisoner in warre was - Slaue unto the vanquisher, who was not bound to put him to his ransome, if it - were not otherwise agreed vpon; as it was in auntient time in Greece, that the - Barbarian prisoner taken in warre, might bee put to the chayne, and kept as a - Slaue; but as for the Greeke, that he should be set at libertie in paying for - himselfe a pound of gold. The like law almost was made amongst the Polonians, - Cromer in hist. Polon. & in statutis - Pol. where it was decreed by the States, That all enemies taken - 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, - 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 - law of the twelue Tables, to diuide them in peeces amongst their creditors, - giuing to some more, some lesse, according to the proportion of every mans - debt, if they were not able toA cruell law against - debters. pay: yet for all that so it was, that if he had one - creditour, he could not take from him his life, and much lesse his libertie, a - thing much dearer than life. For the father might well sell, chop, and chaunge his children, yea and take away - their lives also, but yet could not take away their liberue: for the good and - noble hart would alwaies rather chuse to dye honestly, than vnworthly to serue - as a base Slaue. And that is it wherfore the law of the twelue Tables (which - 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 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 - of Dioclesian, who caused the same law afterward to be - published vpon paine of death.

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And thus much concerning all sorts of Slaves: for as for them which are taken - by theeves or pirats, or by false titles are sold for Slaves, they continue - neuerthelesse free, and in tearms of right may do all lawfull acts. As for - other domestical seruants, which for wages or without wages do their seruice, - they cannot by contract or agreementDomestical seruants - cannot make themselves Slaves by any contract that they make with their - macters. whatsoeuer, doe any thing preiudiciall to their libertie: - neither in receiuing any legacie vpon condition be it neuer so little seruile: - neither can the slaue himselfe when hee is manumised, promise unto his lord - that hath set him at libertie, any thing preiudiciall unto his libertie, other - than the seruices ordinarie & agreeable unto all such as are - enfranchised. And this is it for which the - Arrests of the Parlement of Paris have oftentimes disanulled the contracts of - seruants free borne, which have bound themselves vpon a paine to serue certaine - yeres: which neuertheles they yet do in England & Scotland, where the - maisters after the terme of seruice expired, comming before the IudgesPrentises of England by couenant, for a time Slaves. of - the places, enfranchise their seruants, & giue them power to weare their - 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 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 - Senat, acknowledged himselfe to hold his libertie by the people of Rome. Now - albeit that domesticall seruants be not Slaves, and that they may do such acts - of libertie as free men may, bee it in iudgement or out of iudgement; yet are - they not as simple mercinarie men which labour for their daies wages, ouer - whomeMercinarie labourers no Slaves he that hath - hired them hath neither power nor commaund, nor any manner of correction, as - the maister hath ouer his domesticall seruants, who owe seruice, honor, and - obedience unto their maisters, so long as they are in his house, and may with - moderat discretion chastice and correct them. For domesticall seruants ought to - reuerence their maister, and do them all honest seruice and duties: wherof, for - that they have a mutuall comportment one of - them towards the other, and belong unto morall discipline, we will not in this - place reason.

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But as concerning Slaves, there are two great difficulties, not yet resolved - vpon: theTwo notable questions concerning slauerie. - one, Whether slauerie be naturall & profitable to a Commonweale, or - contrarie unto nature, and vnprofitable? the other, What power the lord of - right ought to have ouer his slaue. Concerning the first point, Aristotle is of opinion that the seruitudeSlauerie in the opinion of Aristo tle, a thing naturall, but - not so in the iudgement of the Lawyers. of Slaves is of right - naturall: and to proue the same, We see (saith he) some naturally made to serue - and obey, and others to commaund and gouerne. But Lawyers, who measure the law - not by the discourses or decrees of Philosophers, but according to the common - sense and capacitie of the people, hold seruitude to be directly contrarie unto - nature; and do what they can to maintaine - libertie, still interpreting such things as are obscure and doubtfull (whether - it be in the lawes, or in testaments, in couenants, or iudgements) so in favour - of libertie, as that they giue no way either to lawes or to testaments: And if - so be that the force of the lawes be so great and so plaine as that they may - not swarue from them▪ yet do they protest that bitternesse of the lawes to - displease them, calling it hard and cruell. But of these two opinions wee must - chuse the better. Now many reasons there bee to proue that seruitude is - profitable unto the Commonweale, and also agreeable unto nature: For every - thing that is contrarie unto nature, is of no long - continuance: and if you would force it against nature, yet will - - Reasons to proue that seruitude or slauery is profitable - unto a Commonweale: as also agreeable unto nature. it of it selfe - againe returne unto the naturall course thereof; as is plainly seene in all - naturall things. But seruitude seemeth to have taken the beginning thereof - immediatly after the generall deluge; and euen so soone as any forme of a - Commonweale was to be seene, and so hath alwaies euer since continued: and - although seruitude in these latter times was left off, for about three or foure - hundred yeares, yet is it now againe approued, by the great agreement and - consent of almost all nations; yea the people of the West Indies, which are - three times greater than all Europe, who neuer heard speech of the lawes of God - or man, have alwaies bene full of Slaves; neither hath there bene any - Commonweale in the world, which hath not had Slaves in it: yea the holiest men - that euer lived have used them: yea and that more is, in every Commonweale - the lord had power ouer the goods, the life - and death of his slaue, except some few, where the Princes and lawmakers have - something moderated this power. Now like it is not, that all people and nations - in euerie place, so many kings and princes, so many lawmakers (men for their - vertue and experience most famous) would with so great consent, and so many - worlds of yeares, have receiued Slaves, if it had bene a thing repugnant unto - reason and nature. And what can be more agreeing unto curtesie and naturall - reason, than after victorie obtained, to saue them whome thou hast taken - prisoners in iust warre, to giue them meat, drinke, and cloathing, & with - great charitie to releeue them? & for so great benefits to exact of them - only their seruice & labor? is it not much better than in cold bloud to - kill them? And this was the first beginning of - Slaves. Now whereas it agreeth also with the lawes of God and man, that he that - hath not wherewith to pay for the fault by him committed, should be punished in - his bodie; is it not better and more curtesie to have him kept to labour in the - publicke works? whereof such were also called seruants to paine, another kind - of seruitude. In like sort, he that shall vniustly lie in wait for another mans - goods, life, or state; what doubt is there but that he is a verie theefe and - robber▪ and deserueth death? Then is it not contrarie unto nature, to saue him - for labour, in stead of putting him to death: for the word Seruant, commeth of - sauing, albeit that some vnskilfull Grammarians reprehend Iustinian in so saying. Now if it were contrarie unto nature, that one - man should have power of life and death ouer another, there should be neither - kingdoms nor seignories, which were not - contrarie unto nature, seeing that kings and monarches have the same power ouer - their subiects, be they lords or Slaves, if they once fall into any capitall - crime.

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These arguments have some good show to proue that seruitude is naturall, - profitable,How seruitude i - agreeable unto nature: and how not. and honest, but it may well be - answered. I confesse that seruitude is well agreeing unto nature, when a strong - man, rich and ignorant, yeeldeth his obedience and seruice unto a wise, - discreet and feeble poore man: but for wise men to serue fools, men of - understanding to serue the ignorant, and the good to serue the bad; what can - bee more contrarie unto nature? except a man should thinke it reasonable for a - wise counsellour to be ouertuled by his foolish Prince; or a sober and temperat - seruant to bee gouerned by his bedlem and - riotous Maister. As for them that thinke it a charitable courtesie, inThe former reason answered: and - slauerie proued not to bee a thing agreeable unto nature: vniust - warres to have saued the lives of their prisoners whome they might have killed, - it is the charitie of theeves and pirats, who brag themselves to have giuen - life unto them whome they have not depriued of life. For oftentimes it commeth - to passe in vniust warres, (as are for most part those that are made by the - mightie) that good men are most miserably and shamefully enforced to serue the - wicked. And if the vanquished have wrongfully and without cause (as theeves) - made warre, why then put they them not to death? why take they not of them - exemplarie punishment? why take they them then unto - mercie, seeing that they are theeves. As for that which is said, That - 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 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, - that there was neuer so great impietie or wickednesse, which hath not bene - esteemed for vertue and godlinesse. Let one example serue for many. We know - right well that there can be no more cruell or detestable a thing than to - sacrifice men, and yet there are almost no people which have not used so to - doe, who all for many ages couered the same with the vaile of pietie and religion: as yet unto this our age they of Peru and - Brasiles doe, and certaine other people vpon the riuer of Plat; unto which so - prophane sacrifices our auncestors for all that with great deuotion resorted. - With like pietie and deuotion the Thracians also used to kill their fathers and - mothers, growne weake with age, and so afterwards did eat them, to the end they - should not languish with sicknes, nor being dead become meat for wormes; as - they aunswered the Persian king. Neither must we say that there were none but - the auntient Gauls that sacrificed men; which indeed they did unto the time of - Tiberius the Emperour: for long time before, the* Caes. lib. 6. Belli Gallici. Amorits and Ammonits used - to sacrifice their children: neither was it a solemnitie among the Barbarians - onely, as generally among the Scythes (as Plutarch - writeth) but also among the Greeks (in whome - ciuilitie nor onely rested, but euen from whome it was unto all other nations - deriued): for Achilles (as Homer - reporteth) sacrificed unto his dead friend Patroclus - with the slaughtar of men Plut. in Themist. & - Artax. - - Themistocles also in the Persian warre, sacrificed three - men; as did the Persian king at the same time twelue: neither could Iupiter Licius (as is reported) be otherwise appeased but - by the slaughter of man, led by the ambiguitie of an old Oracle, and of the - Greeke word , which - without accent signifieth either Light, or a Man. M. - Tullius detesteth our auncestors, for that they sacrificed with mans - blood: but that he spoke as an Orator, and as best serued his cause: for M. Varro attributeth it to all the people of Italie: as also the manner of vowing in the sacred spring time to have - bene, that whatsoeuer man or beast was that - - - - yere first borne should be sacrificed. A man might also - bring for example Iud. 11. - - Iephte general of the armie of the Israelites, who is - reported to have sacrificed his daughter unto almightie God, much about the - same time that Agamemnon king of the Greeks sacrificed - his daughter Iphigenia - - Euripides. (whereof some well learned men have - made Tragedies) although that he sacrificed nothing unto God but the virginitie - of his daughter; as the Hebrew text plainly declareth; and as Rabbi Leui, and the other Hebrew interpetors all agree. How beit other - people did the like with great pietie and deuotion: which proueth well that we - must not measure the law of nature by mens actions, bee they neuer so old and - inueterat: neither thereof conclude, that the seruile estate of Slaves is of - right naturall: as also much lesse to attribute it to charitie, or to - courtesie, that the people in auntient time - saued their prisoners, taken in warres, whome they might have slaine; to draw a - 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 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▪ - in bello Iudaico. aboue twentie thousand of - those Iewes. O faire example of charitie towards captiues! But say some, they - are nourished, they are well entreated for - their seruice: but how I pray you are they nourished? and for what seruice - doing? Cato the Censor (reputed the best and wisest man - of his time) after that he had drawne all the seruice and profit he could from - his Slaves, euen vntill they were growne crooked with age, so that he could - wring nothing more from them, set them then to sale to such as would giue most - for them, to draw yet from them the verie price of their blood which yet - remained in them, least he should be enforced to nourish them for nought, now - growne impotent with age, or else bee faine to kill them, or to set them at - libertie; in such sort that the poore Slaves in recompence of all their seruice - made, were drawne to the gallows by their new masters: not yet so happie as Pallas her mule in Athens, which growne old went about - whither she list vnhalted, no man daring in her old age to load or charge her. - And whereas there is nothing more holy or more naturall giuen by God unto - mankind, than mariage; yet so it is, that it was not permitted unto Slaves: yea - in case that a free man taken captiue had a child lawfully begot by his wife; - if the father died in the hands of the enemie, although the mother returned - into her libertie, yet neuerthelesse was the child reputed illegitimat.

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What should I rehearse the execrable and profuse filthinesse of both sexes, - whichThe miserable estate and condition of slauer. - the poore Slaves heretofore were and yet are enforced to endure and suffer? But - as for crueltie showed vpon them, it is incredible that we read, and that a man - might speake of, if but the thousand part thereof were written: for Authors - would thereof say nothing, if good occasion - were not giuen; and we have not but the histories of the most civill people - that euer were in the world. For they were enforced to till the ground in Colum. lib. 1 chaines (as yet they do in - Barbarie,) and to lie in dungeons, the ladders being drawn vp from them, as - they yet do in all the East▪ for feare they should be lost, or that they should - set fire on the house, or otherwise kill their maisters. Now as for euerie - light offence of the slaue, except he were of great price, it was so rigorously - 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 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 - after he was put to death be eaten vp of those fishes, for hee found himselfe - worthie of death for the glasse he had broken: but the common opinion was, that - the soule of the drowned neuer passed ouer into theVir. 6. Aeneid Elysian fields; or els that it died together with the - body: as Synesius writ of his companions sailing to - Alexandria, who in a tempest sodainly risen, seeing the outragious violence of - the Sea, drew their swords to cut their owne throats, so to giue way unto the - soule, which they thought otherwise to be in daunger to be drowned together - with the bodie: so much the poore slaue feared to be eaten vp of the fishes. - But Augustus moued with compassion (as saith Seneca) pardoned the slaue, causing all the rest of the - glasses to be broken, and the pond to bee - filled vp. Yet Dion the Historiographer, reporting the - same historie, saith that Augustus could not obtaine - pardon of Pollio for his slaue, neither to have - commaunded the pond of Lampries to have bene filled vp, than which nothing was - more pretious amongst the Remans: which for all that seemeth to have bene more - probable, seeing that Seneca confesseth Augustus to have bene therwith contented, neither to have - bene therefore angrie with his friend Pollio. And to - shew that this was no new matter more than two hundred yeares before,Plut. in▪ vita Titi Flaminii. - - Quintus Flaminius a Senator of Rome, caused one of his - Slaves to be slaine, for no other cause but to gratifie and please his Bardache, - - 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 - 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 - in mutinie, for that they knew well the murtherer was but one, & yet - neuerthelesse there must be put to death 400 of his Slaves, all innocent of the - fact: neuerthelesse the matter being debated in the Senat, it was there - resolved, That the antient custome shuld be kept, & so accordingly al the - Slaves were put to death. Her passe the murthering of Slaves, enforced to kill - one another in the lists, or to be torne with wild beasts, so to giue pleasure - unto the people, and to breed in them a - contempt of death. And although the law Petronia had - forbidden Slaves without cause to be cast unto the wild beasts: yet was it - neuer observed, no more than the edict of the emperour Nero, who was the first that appointed commissioners to heare the - complaints* Sene. lib. 3. de Benefic. of Slaves: - and after him the emperour Adrian ordained that - inquisition should be made against such as had maliciously without cause slaine - their Slaves: how beit that long time before they were culpable as murtherers, - by the law Cornelia: but that was holden in no regard, - and all that the poore Slaves could do to saue themselves from the fury of - their maisters, was to flie unto the images of the gods, or of the emperours. - For neither the temple of Diana in Rome, which king Seruius (himselfe the sonne of a slaue) had appointed as - a sanctuarie for Slaves; neither the image of Romulus, - which the Senat had of long time appointed for - the selfe same purpose; neither the Sepulcher of Theseus - at Athens; neither the image of Ptolemee at Cyrene; - neither the temple of* Plu. in Thes. - - Diana at Ephesus, could defend the Slaves from the furie - of their angrie lords and masters. Howbeit that by the law of the Ephesians the - slaue which without iust cause had fled unto the temple of Diana, was againe restored unto his master, being before sworne not - therefore to entreat him euill: but if the cause of his flight were iust, then - was he taken from his master and made seruant to Diana: - except women, who might not enter into her temple. But Tiberius of all other tyrants that euer were, the most craftie in his - old age, appointed his image for a sanctuarie, propounding capitall punishment - unto all such as should by violence draw any slaue from the same; to the intent - that by that meane the Slaves might for the - least occasion come to accuse their masters, yea euen of high treason. Insomuch - that as Seneca writeth, a certaine Senator fearing to - bee bewraied of his slaue, craued pardon of Tiberius for - that he had but bene about to touch his chamber pot with a ring vpon his - 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 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 - choller. For all masters are not of like discretion to - - Plato, which said to his slaue, That he would sharply - have corrected him, but that hee was angrie: whereas the Germans (as Tacitus saith) neuer punish their seruants or children - but in their rage, and that as if they were their enemies. Thus we see the - lives of masters not well assured against their Slaves; and the lives of Slaves - much lesse against their masters. For who could assure himselfe of his life, or - of his goods in the time of the tyrannie of Sylla, who - had proposed thirtie Sesterties unto free men, and unto bond men liberty, as a - reward if they should discouer their masters, or bring in the head of any one - of them that were by him proscribed? In which feare the citisens were, vntill - that threescore thousand of them being slaine, and so - the state in a manner againe appeased, a - certaine slaue yet presented unto Sylla the head of his - lord & master, whom Sylla for so doing according to - his promise set at liberty, but by and by after caused him to be cast headlong - from the rocke Tarpeia. At such time also as persecution grew hot against the - Christians, there was no Christian master but was in daunger of his life, or - els glad to set at libertie his Slaves. But the feare of persecution once - ceasing, the lords and masters themselves became tyrants ouer their Slaves.

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So the state of Families and Commonweals is alwaies in daunger of trouble and - ruine,To great a multitude of Slaves daungerous in a - Commonweale. by the conspiracie of Slaves combining themselves - together: all Histories being full of seruile rebellions and warres. And albeit - 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 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 - twentie thousand citisens were found ten thousand strangers, and foure hundred - thousand Slaves. And Italie (victorious ouer all nations) had many moe, as a - man may perceiue by the Oration of Cassius the Senator, - whereby he persuaded the Senat for the confirming of Sylla his decree: We have at home (said he) whole nations of Slaves - much differing among themselves in manners, fashions, language, and religion. - And namely M. - - - - 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 - torture to depose concerning the death of Clodius - Tribune of the people. And that multitude of Slaves was it for which the Roman - Senate, desirous to put a difference in the habit of Slaves, to the intent to - have them knowne from free men: one of the grauest Senators dissuaded the same, - showing the daunger like to ensue thereof, if the Slaves should begin to enter - into the number of themselves; for that so they might easily dispatch - themselves of their maisters, for the easinesse of their rising into rebellion, - and the difference of their habits. unto which daunger Africke & some - part of Spaine should be subiect, if there - were such a multitude of slaue as in times past: for that they marked their - Slaves in the face, which they did not in auntient time, except such of them as - were villanous and sturdie knaues, who were thereof called Stigmatic; who at any time beeing manumised, could for all that neuer - enioy the full fruit of their libertie or the priuelege of citisens: marking - the rest vpon their armes. And this was it for which the Lacedemonians seeing - their Slaves to multiply exceedingly aboue the citisens (for the hope their - masters gaue them of libertie which could get most children, and for the profit - every man drew out of them in particuler) made a decree that three thousand of - them such as had the most able bodies should bee taken vp for the warres: whome - so pressed out, they forthwith caused to be all in one night slaine, and that so sodainly and secretly, as that no man knew - what was become of them, more than they which had the doing of the matter.

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Now this feare that Cities and Commonweals had of their Slaves, was the - causeWhy Slaves were not suffred to beare armes. - that they neuer durst suffer them to beare armes, or to be enrolled in their - musters, and that vpon paine of death: and if by necessitie they were - constrained to take their Slaves, they at the same time freely set them at - libertie. As did Scipio Africanus the Greater, who after - the great ouerthrow of Cannas manumised 300 of his Slaves, al able bodies. - Howbeit that Florus writeth, That arms were giuento 8000 - Slaves; which we also read to have bene done in the - confederat warre. But Cleomenes king of Lacedemonia - finding himselfe vnable to withstand the - multitude of his enemies, as also of his Slaves, his citisens being for the - most part slaine; in his so great necessitie proclaimed libertie to al such - Slaves as were able to pay fiftie crownes for their heads: in which doing he - prouided himselfe both of souldiors and money. Yea not so much as the effeminat - people of Asia used their Slaves in warres, except the Parthians, who might not - by their lawes manumise their Slaves, whom they made almost as much of as of - their children: wherby they grew into such a multitude▪ that in their armie - wherwith▪ they put to flight the power of M. Antonius, - consisting of fiftie thousand men, there was but 4500 free men, as we read in - Iustin: yet had they no cause to rebell, being of - their masters so well entreated. But as for other people they were so - mistrustfull of their Slaves, as that sometimes they would not have them to serue in their gallies before they were - enfranchised: as did Augustus, who at one time set at - libertie twenty thousand to serue him in his gallies. And for feare they had▪ - least they should conspire together against the state, to keepe them alwaies - busied in other mechanicall arts, Lycurgus amongst the - Lacedemonians, and Numa Pompilius in Rome, forbad their - owne citisens to vse any manuall occupation. And yet they could not so well - prouide, but that euer there was some one or other desperat man, who - propounding libertie unto Slaves, still robbed the State. As Viriatus the Pirat, who made himselfe king of Portugall: Cinna, Spartacus, Tacfarinas, - - * Appian. in bellis ciuilib. * Ios. in bello Iudaico. - and Simon the son of Gerson, - captaine of the Iewes, who all of base companions made themselves great lords, - by giuing libertie unto the Slaves that followed them. And the civill warres yet continuing betwixt Augustus and M. Antonius, was not to be seene - but fugitiue Slaves stil on the one side or the other: in such sort, as that - after the discomfiture of Sex. Pompeius, there were - found thirtie thousand Slaves which had taken part with him, whome Augustus caused to be apprehended through his dominions, - and by a prefixed day to be againe restored unto their masters, commaunding the - rest to bee hanged that had no masters to lay claime unto them; as we read in - Appian. And in truth the power of the Arabians grew - by no other meanes. For as soone as Homar one of Mahomets licutenants, had begun to raise warre in Arabia, - and promised libertie unto the Slaves that should follow him, he drew such a - number after him, that in few yeares they made themselves lords of all the - East. The fame of which libertie, and the - 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, 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 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.

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And this was the cause that the Christian princes by little and little released - their - - The cause why Christian princes by little and little - released their Slaves. seruitude, and enfranchised their Slaves, - reseruing onely unto themselves certaine seruices, and the auntient right of - succession, if their enfranchised Slaves should chance to die without issue: a - custome yet in vse in all the lower Germanie; as in many places in Fraunce, and - England also. For as yet many remembrances of bondage remaine in the Christian - Commonweale: as is to be seene in the lawes of the Lombards & Ripuaires - whereby Slaves could not have their iust libertie, or alienat their goods, - vntill they had bene twice manumised: and oftentimes the lord or master ioyned - unto the act of infranchisment, That it was done for the health of his soule. - For they which first laid the foundation of the - Christian Commonweale, had nothing in more regard, than to find the means how Christian Slaves might be set at liberty: - so that in hope therof many of them oftentimes became Christians; & their - masters for the health of their souls were content so to enfranchise them. Wee - also read in the Histories of Africk, how that Paulinus - bishop of Nolo, after hee had sold all his goods to redeeme Christian Slaves, - at last (which a man would wonder at) sold himselfe also unto the Vandales for - his brethren. And hereof came the manumission of Slaves made in churches before - the bishops. Whereof, in the raigne of Constantine the - Great, ensued such a multitude of poore and needie men, who had nothing but - their libertie to live vpon (of whome the most part would do nothing, and the - rest could do nothing) as that cities were with nothing more charged than with - them. Hereof, began the almes-houses, and - - The beginning of ames houses and - hospital. hospitals, for the reliefe of - little children, of the aged, of the sicke, and of them that could not labour, - to be erected and endowed by the Christian princes, at the requests of the - bishops. Hereof S. Basil in his sermons complaineth, - that the cries and gronings of the poore and weake were in the Churches - confounded and mingled with the songs and prayers of the Priests. Much about - which time Iulian the Apostata in despite of the - ChristiansNicephorus. exhorted the Pagan - bishops by the example of the Christians to the building and endowing of - almes-houses and hospitals for the reliefe of their poore. And for that poore - men set at libertie, did oftentimes lay forth their children to bee brought vp - of the charitie and liberalitie of the Christians: Gratian made a law, That the children so exposed and left unto the - world, should be Slaves unto them that had so - nourished and brought them vp. And not long after, Valens the Emperour by an Edict gaue power to euerie man to take vp - the vagrant and idle persons, and to cause them to serue them as Slaves; - forbidding also and that vpon paine of death, any to goe into the woods or - deserts there to live as Herts; of whome he caused a - great number which had contrarie to his Edict so gone out, to be executed; to - the intent to cut off idlenesse, and to draw euerie man unto labour. But after - that Idolatrie began to decay, and the Christian religion to encrease, the - multitude of Slaves began also to diminish; and yet much more after the - publishing of the law of Mahomet, who set at libertie - all them of his religion. To the imitation of whome, the Christians also so - frankly set at libertie their Slaves, as that all seruitude and slauerie seemed - in that age to have bene shut vp with the West - Indians, wherein the Christians had shaken off from their necks all bondage, - about the yere 1250: yet for all that, that there were Slaves in Italie in the - yeare 1212, it is euident, as well by the lawes of William king of Sicilie, and Frederick the - second Emperour; as also by the decrees of the bishops of Rome, Alexander (I say) the third, Vrban - the third, and Innocentius the third, concerning the - marriages of Slaves, which the Lawyers call Contabernia, - or keeping of companie together: which Alexander was - chosen Pope in the yeare 1158, Vrban in the yeare 1185, - and Innocentius in the yeare 1188. Whereby it is - euident, the Christian Common▪ weale to have bene cleere of Slaves since the - yeare 1250, or there about. For Bartholus - - A time wherein there were no in the - Christian Commonweale. who flourished in the yeare 1300, writeth that - there were no Slaves in his time; and that by - Christian lawes men might no more sell themselves, understanding the Edicts - made by the Christian princes: which when Nicholas the - Sicilian, otherwise called the Abbot of Panormo had learned of Bartholus, he thought it a thing well worth the noting. - Neuerthelesse we read in the Historie of Polonia, that euerie prisoner taken in - good warre, was then and long time after slaue unto him that had taken him, if - the king would not pay two Florins for his head, as I have before said: and yet - at this present the subiects bound unto the soyle whereon they were borne, - which they call Kmetos, are in the power of their lords, - who may at their pleasure kill them, and not bee called - into question therefore: and if so be that they kill another mans subiect, then - are they acquited by paying ten crownes; the - one moitie to the lord, and the other moitie unto the heires: so as we read in - the lawes of Polonia; which are the like in the kingdoms of Denmarke, Sweden, - and Norway. But it is more than 400 yeares agoe, since that Fraunce suffered in - 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 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 - 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 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 used 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 - set at libertie his manumised Slaves, so that they chaunged their dwelling. And - also the auntient decree of the Parliament of Paris, whereby it was permitted to the bishop of Chalons, by the - consent of his Chapiter, to enfranchise his Slaves. Charles the seuenth also comming to the crowne in the yeare 1430 - enfranchised diuers persons of seruile condition. And in our memorie king Henry the second by his letters pattents enfranchised - them of Burbonnois, in the yere 1549. By whose example - also the duke of Sauoy did the like in all his countries, in the yeare 1561. - All which we see done in the great favour of libertie. Whereas otherwise the - Prince, of his owne lawfull power could not enfranchise another mans slaue, and - much lesse the magistrat, what intercession soeuer the people should make: - neither could he so much as giue unto him that was by another man enfranchised, - so much as leaue to weare a ring of gold, without the consent of his patron. - For Commodus the Emperour by his edict tooke from all them their rings of gold, who had obtained that - priueledge of the prince without leaue of their Patron: neither would he have - it any thing preiudiciall unto the Patron, that his enfranchised slaue had - obtained of the prince this priueledge, albeit that the prince had restored him - to the state of a free borne man: which was a far greater matter than to have - obtained the priueledge to weare a ring of gold: which albeit that it belonged - unto the prince onely to grant, yet so it was neuerthelesse in the time of Tertullian, that the patrons had in a manner got that - power unto themselves,* Tertul. in de resurrection. - giuing unto their enfranchised Slaves a ring of gold and a white gowne, in - stead of yron giues and whips, causing them so attired to sit downe at the - table with them, and to beare their name. And at last Iustinian himselfe by a generall edict restored all them that had bene Slaves enfranchised unto the state of - free borne men; so that for the confirmation thereof they needed not afterwards - any the princes charter. Which law for all that we vse not: for inviz. France. - - this realme he must of necessitie obtaine the prince his letters - patents, which have alwaies used to restore unto manumised men and of seruile - condition, the state of free borne men, and to blot out all the staine of their - old slauerie; which letters were woont to be both requested and obtained - 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 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 - grounds, to mow his meddows, to reape and thresh his corne, to carrie & - recarrie whatsoeuer he should command them, to repaire his decayed house, to - pay his ransome, and also the foure accustomed payments used in this realme; - but also that if without his leaue they should chaunge their dwelling places - wherein they were borne, or depart out of his land, hee might lead them home - againe in an halter: unto all which the aforesaid seruices his manumised people - yeelded, sauing unto the last, which by a decree of the Parlement of Tholouze - was cut off, as preiudiciall unto the right of - libertie. Truly they whome the Polonians call Kmetons, are not compelled to do - their patrons so great seruice; but yet suffer things much grieuous: for that - any man may kill them for the small paiment of ten crownes, and their lord may - so doe for nothing. And in former time it was lawfull amongst the Indians by - all meanes to tyrannise vpon their seruants, which were in number infinit, yea - and to kill them also; vntill that Charles the fift by a - law which he made commanded then all to be free. But in Fraunce, although there - be some remembrance of old seruitude, yet is it not lawfull there to make any - slaue, or to buy any of others: Insomuch that the Slaves of strangers so soone - 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 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 - general out of the records showed certaine auntient priueledges giuen (as is - said) unto them of Tholouze by Theodosius the Great, - wherein he had granted, That Slaves so soone as they came into Tholouze should - be free. The marchant alledging for himselfe that he had truly bought his slaue - in Spaine, and so was afterward come to Tholouze, from thence to goe home to - Genua, and so not to be bound to the lawes of Fraunce. In the end hee requested - that if they would needs deale so hardly - with him, as to set at libertie another mans slaue, yet they should at least - restore unto him the money hee cost him: whereunto the Iudges aunswered, That - it was a matter to be considered of. In the meane time the marchant fearing - least he shoud loose both his dutifull slaue and his - money also, of himselfe set him at libertie, yet couenanting with him that he - should serue him so long as he lived. Yet for all that, those priueledges which - they of Tholouze boast to have bene granted them by Theodosius, seeme not to have bene so, seeing that Narbona a true - Colonie of the Romans, and the most auntient that was in Fraunce, Lectore, - Nysmes, Vienne, Lyons, Arles, Romans, and many others, which were also Roman - Collonies, no nor Rome itselfe the verie seat of the Empire, had not any such - priueledge. And thus much concerning the - enfranchising of Slaves.

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But now here might a man say, If it be so that the Mahometans have enfranchised - all the Slaves of their religion, which hath course in all Asia, and almost in - all Africke,Now it commeth to paste tha - - es be so many in the world. with a good part of Europe also; - and the Christians have semblably done the like (as we have before showed:) how - commeth it to passe that yet the world is so full of Slaves and slauerie? For - the Iewes may not by their lawes have any slaue of their own nation, neither by - the lawes of the Christians may they have any Christian. Truely all in that - swerue from the law of God: For the law of God forbiddeth any slaue to be made by the order of the Israelites amongst - themselves, except that any of them shall of - his owne accord giue himselfe in bondage to another, and suffer▪ his eare to - be* Exod. 2. bored - through to a post with an aule: truely it adiudgeth the debtors untoDeut. 5. the creditors, and - suffereth the Iewes to bee sold for pouertie: yet the same law commaundeth them - at the seuenth yeare to be set at libertie. And although a man have enthraled - himselfe, and suffered himselfe to be thrust through the eare with an aule, - insomuch that he be bound to perpetuall seruitude: yet neuerthelesse all the - interpretors of the law affirme, That in the yeare of Iubiley he shall againe - recouer his libertie, except he had rather againe serue than become free. But - such bondSlaves as were borne of those kind of Slaves which had of their owne - accord giuen themselves into bondage, they were in the fiftith yeare to be set - free: at which time the law byLeuit. 2. Herom. 32. Num. 13. the sound of trumpet denounceth libertie unto all manner of Slaves. - Yet doth the law permit them to have straungers, of another nation and religion - than their owne, in perpetuall bondage; and that their posteritie and nephews - might vse the same right against straungers, that straungers might against the - Isiaelites: than which kind of Slaves Iulian the - Emperour writeth none to have bene better. You see (saith he) how willingly the - Syrians serue other nations: and contrariwise what a loue of libertie is in the - people of the Celtes. But the Iewes when they had bought any straunge - bond▪Slaves of the Christians, or of the Pagans, they instructed them in their - owne religion, and so circumcised them: which thing Traian by a speciall law forbad: and albeit that they had yeelded unto - their lords or maisters religion, yet neuerthelesse they enforced them - still to serue: Whereas byExod. 12. Numer. 49. the law it was prouided, that such - straungers as being circumcised had receiued the law of God, should enioy the - same priuiledges and benefits that the natural citisēs did. The same law - (saith it) shal be unto the stranger & the citisen. That is it that God by - the Prophet Ieremie - - Hier. 34. complaineth of, Slaves not to be set - at libertie according to the law: and therefore a most heauie bondage to hang - ouer the maisters heads from their enemies. Hereupon also Philip the French king draue the Iewes out of his kingdome, conficating their goods, for that contrarie unto the law - they circumcised Christians, and tooke them unto themselves into bondage for - Slaves. The like deceit we see the Mahometans to vse, whose manner is to - circumcise and to instruct in their religion such Christians as they have taken - in warre, or bought of pirats, or at leastwise - their children, whome neuerthelesse they compell to serue with all their - children and posteritie. Whose example the Portingals following, compell the - bondmen whome they have bought out of Africke, to abiure the Mahometan - 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 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 - Slaves of the West Indies, neuerthelesse a sedition there rising through the - couetousnesse and insolencie of them that were - in greatest power, Gonsales Pizzare gouernor of that - prouince reuolted from Charles: whose power when Lagasca had discomfited, and for publike example had - caused him to be beheaded together with the chiefe men of that rebellion, hee - according to the edict, set at libertie all the Slaves; yet with condition, - that they should still serue their patrons. And yet for all that it could not - be brought to passe, but that Lagasca returning into - Spaine, these late enfranchised men fell againe into their slauerie: and - especially for the profit which their lords and masters were▪in hope to have by - the selling of them: to the imitation of the Portugals, who first called in - againe Seruitude, now for many worlds of yeares buried - in forgetfulnesse in Europe; and are in - - The Portugals the first that called in slauery againe into - Europe. short time like enough to disperse the same ouer all Europe, - as it is now alreadie begun in Italie. For now a good while ago Africa and - Asia, and the Easterne part of Europ also have accustomed to nourish and bring - vp in every citie, stocks of Slaves, in like maner as if they were beasts, and - of them to make a great marchandise and gaine. For within this hundred yere the - 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 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 - Ianizaries, and either of his Chauncellors (whome they call Cadelesquiers) vse - euerie one of them at their entrance into their office to receiue of the prince - three hundred Slaves. For as concerning the Turkes Pretorian souldiors, and - those youths which are taken from the Christians as tribute, and are called - tribute children, I neuer accounted them for Slaves; seeing that they are - enrolled in the princes familie, and that they alone enioy the great offices, - honours, priesthoods, authoritie and honour; which nobilitie extendeth also - unto their nephewes in the fourth degree, and all their posteritie afterward - beeing accounted base, except by their vertue and noble acts they maintaine the - honour of their grandfathers: For the Turkes almost alone of all other people - measure true nobilitie by vertue, and not by discent or the antiquitie of - - - No man noble among the Turkes but for his valor or his - vertue. their stocke; so that the farther a man is from vertue, so - much the farther hee is (with them) from nobilitie.

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Wherefore seeing it is proued by the examples of so many worlds of years, so - many inconueniences of rebellions, seruile warres, conspiracies euersions and - chaunges to have happened unto Commonweals by Slaves; so many murthers, - 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 - 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 - lawsReasons for the bringing in againe of slauery - answered. of God, which hath so wisely prouided as to forbid to - chastise Slaves with whips (which the Roman lawes permitted) and willeth the - slaue to be enfranchised, if his maister shal breake any lim of him? which law - Constantine the Emperour afterward approued. But who - shall prosecute the suite against the lord for the death of the slaue? who - shall heare the complaint? who shall exact due punishment therefore? shall hee - that hath nothing to do therwith? considering that tyrants hold it for a rule - in policie, That one cannot be too seuere unto his subiects, so to keepe them - low and obedient. But the Spaniards (some will say) entreat their Slaves - courteously, teach them, and bring them vp, yea and that much more kindly than - they do their hired seruans: and they againe - on their part serue their lords and masters with all chearefulnes and loue - incredible. But concerning the Spaniards it is a common saying, That there are - no maisters more courtious than they at the first; as generally all beginnings - are pleasing: so also it is most certaine, That there is no greater loue, than - 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 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, - which saith, So many Slaves, so many enemies in a mans - house, showeth right well what friendship, faith and loyaltie a man may - 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 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 - another: the wofull father all dismaid, and fearing least hee should throw - downe the third likewise, with prayers and teares besought the slaue to - spare him that was yet left, promising him - forgiuenesse for that hee had alreadie done, and libertie also if he would but - saue that third. Which his request the slaue yeelded unto, vpon condition that - he should cut off his owne nose: which he chose rather to doe; than to loose - his child. But this done, the slaue neuerthelesse cast downe the third child - also; and so at last to take that revenge of himself, which his lord thought to - have done, cast headlong downe himselfe also. And not to be tedious, I omit - poysonings, murders, burnings, and many other mischiefes oftentimes euerie - where done by Slaves. But these inconueniences, you will say, are counteruailed - and recompensed with other mutuall profits; for that by receiuing in of Slaves - we cut off the infinit number of vagabonds and bankrupts, who after they have - deuoured al, would pay their creditors with - - Reasons for th maintaining of - slauerie in a Commonweale. bils: & that by that means might be - driuen away such a multitude of rogues & naughtie doers, which eat vp whole - townes, and as drones sucke the hony from the bees: ioyne also unto this, that - of such idle mates, theeves and pirats furnish themselves; besides that, famine - and euil prouision for the poore, draw into townes all populer diseases; for - the poore we must nourish and not kill, although it be in a sort to kill them, - to refuse to nourish them (as saith S. Ambrose.) These - reasons beare some show of truth.The same reasons - answered. For as concerning debtors, if they be not able to pay, God - his law commaundeth them to be adiudged to their creditors for seuen yeares, - but yet not into perpetuall bondage▪ howbeit that the law of the twelue tables, - practised in all the West Indies, and in the greatest part of Africke, will - that they remaine still prisoners unto the creditors, vntill they be fully satisfied. For they which have taken away from - debtors in ciuil cases the benefit, to leaue unto their creditors all such - goods as they had, and command them to be committed not to their creditors, but - to prisons, as the Turkes do; seeme to mee to take away not onely from the - creditors, but also from the debtors, all power to keepe themselves, yea and - their lives also, as taking from them the meane for them to trauell, and to - gaine to acquit themselves. But as for theeves and pirats, there was neuer in - 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 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 - as at the same time aboue fourescore thousand pirats with nine hundred saile of - ships were rouing ouer all the Mediterannean, and had with so great forces - taken 400 cities vpon the sea coast; as that the Roman Empire was both by land - and sea as it were beset with theeves and robbers. But the wise law giuer is - not hee that driueth robbers out of the Commonwealth, but he that suffereth - them not therein to enter: which may easily bee done without that direfull - slauerie, so dreadfull unto states and cities; by erecting in every towne and - citie publick houses for poore children, where they may - learne diuers trades and occupations, as they - do Paris, hios, and Venice, - and other well gouerned towns, where Seminaries of Artiz are brought vpto the great benefit of the Commonweale. - But in such places as wherein Slaves are now alreadie receiued, I am not of - opinion to have them altogether and pone time set at - libertie, as Charles the Emperour did at Peru: for that - 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, 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 - - The old saying, That no man can be a good master, but he - which hath before bene a good , refuted. - grounded, although it be right auntient: for there is nothing that doth more - discourage and ouerthrow, (and if I may so say) a bastardise a good and noble - mind, than seruitude; or that doth more abate the naturall maiestie of good - natures to commaund ouer others, than to have bene once a slaue. Salomon also the maister of wisedom saith in his - Proverbs, That there is nothing more intollerable, than when a slaue is become - a maister, or a handmaid a mistresse: which he referreth not only unto a more - misticall sence; as when our intemperat desires beare rule ouer our reason: but - unto him also which so dainly passeth from one extremitie to another; as from - seruitude to commaund. But if it be true that reason and the law of God is - alwaies and euerie where to take place, and that it was not shut vp only within - the bounds of Palestine: why should not that - law so profitably & so wisely made by God himselfe, concerning slauerie - & libertie, stand in force, rather than that which was by mans wisedom - deuised? Howbeit that the Tartars (which are by many thought to bee descended - from the ten tribes of Israel) have alwaies enfranchised their Slaves at the - end of seuen yeres: yet with condition that they should depart out of their - country: which condition was first by Papinian (the - great lawyer) reiected, but afterwards by him againe receiued; but beeing - ioyned unto enfranchisments; is accounted as if it were not written at all. And - thus much concerning the power of a maister ouer his slaue, and whether Slaves - are to be suffered in a well ordered Commonweal. But now that we have - sufficiently, & yet also as briefly as was unto vs possible, entreated of a - Familie, & of all the parts therof, which is the foundation of the whole cōmonweale; let vs now likewise also - speak of a Citisen & a City.

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- - - - CHAP. VI. ¶ What a Citisen is, and how much Citisens - differ from Citisens, and how much from strangers: what also is to be - understood by the name of a Towne, a Citie, and of a Commonweale. - -

- - WHat we have before said concerning a whole - Familie, and every part thereof, containeth in it the beginning of all - Commonweals. And as foundations can of themselves stand without the forme of an - house, before the walles be built higher, or - any roofe laid vpon them: so also a Familie can of it selfe be without a Citie - or a Commonweale: and so can also the maister of a Familie vse his power and - command ouer his houshold without depending of the power of any other man: as - they say there are many such families in the frontiers of the kingdomes of Fes - and of Marocco, and in the West Indies: but a Commonweale can no more be - without a Familie, than a Citie without houses, or an house without a - foundation. Now when the maister of the Familie goeth out of his owne house - where he commaundeth, to entreat and trafficke with other heads of Families, of that concerneth them all in generall, he then - loaseth the title of maister, head, and lord, - to be a companion, equall and fellow like with others, leauing his familie to - enter into a Citie, and his domesticall affaires to entreat of publick; and in - stead of a lord calleth himselfe a Citisen, which is no other in proper tearmes - than A free - - The definition of a Citisen. - - 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, 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, 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 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 - light of nature, leadeth vs to beleeue veryThat violence and - oppression gaue the beginning unto Commonweals. force and violence to - have giuen course and beginning unto Commonweals. And albeit that there were no reason therefore, it shal be hereafter - declared by the vndoubted▪ testimonies of the most credible historiographers, - that is to say, of Thucydides, Plutarch, Caesar, & - also by the laws of Solon, That the first men that bare - rule, had no greater honour and vertue, than to kill, massacre and rob men, or - to bring them in slauerie. These be the words of Plutarch. Yet have we more also the witnesse of the sacred history, - where it is said, that Nimroth the nephew of Cham, was the first that by force and violence brought - men into his subiection, establishing his kingdome in the countrey▪ of Assyria: and for this cause they called him the Mightie hunter, which the Hebrews interpret to be a - theefe and robb. Which thing also Philo the Iew, and Iosephus by their - testimonies confirme, viz. - - by his wealth and power to have first exercised tyrannie. Wherein it appear - - Demosthenes, Aristotle, and Cicero, to have mistakenThat kings were not first - chosen for their iustice and vertue. themselves, in following the - errour of Herodotus, who saith, That the first kings - were chosen for their iustice and vertue; and have hereof faigned unto vs I wot - not what heroicall and golden worlds: an opinion by me by most certaine - arguments and testimonies elswhere refelled; seeing that the first Cities and - Commonweals, long before the time of Abraham were full - of Slaves: as also not long agoe the Westerne islands did swarme with them at - such time as the Spaniards subdued them: a thing that could not possibly be, - but by extreame violent forcing the free lawes of nature. And it is not yet - past seuentie yeares that the people of Gaoga in Africke had neuer felt or - heard of any king or lord whatsoeuer, vntill that one amongst them a trauell or - had in his trauell seene and noted the - 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, - 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, - whose successor hath so continued after him in great power, as we read in Leo of Africke. This was the beginning of the kings of Gaoga, which in short time greatly - encreased. - -

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And thus much concerning the beginning of Commonweals, which may serue to - manifest the definition of a Citisen, by vs before set down, to be true, which - is no other thing to say, but A free subiect holding of the - soueraignitie of another man. A free subiect - - A Citisen must be a free subiect. I say, for albeit - that a slaue be much more subiect unto the commaund of the highest authoritie - than a free man; yet so it is, that al people have alwayes with their common - consent agreed, That a slaue is no Citisen, and in questions of right is - accounted noSlaves not to bee accounted Citisens. - bodie; which cannot truely be said of mens wiues and children, who are free - from all seruitude and bondage; albeit that their rights and liberties, and the - power to dispose of their owne goods, be from them in some sort cut off by the - domesticall power: in sort that a man may say, that euerie Citisen is a - subiect, some small part of his libertie being - 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, 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 - Latines, which Cicero hath noted out of the law of the - twelue tables;* Cice. officiorum. lib. 1. The - mildnesse of the word (saith he) mitigating the hardnesse of the thing: and - they were called enemies which had conspired against the state. And it may well - bee also that those whom we yet by a common word cal Hotes, or Hostes, were in antient time - nothing els but straungers. But men have - since corrected the proprietie of words, the forme of speech still remaining: - for the Greeks have called their enemies , as men making warre vpon them; and - straungers , which - signifieth not pilgrims (as saith Acursius) but - straungers, be they another mans subiects, or themselves soueraignes in their - owne countrey.

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Now amongst them whome we said to be subiects unto publick empires and - soueraigne power; some are naturall, some are naturallised; and of them which - are naturallThe diuision of subiects. some are free - borne, some are Slaves, and these Slaves being set at libertie, in an instant - become Citisens, whereas straunger Slaves be not so. Yet true it is that the - enfranchised Slaves in Greece were not admitted to be Citisens, although that - they were of the same countrie, and naturall - subiects. For the request of Demosthenes the Orator, - which he made unto the people after the great ouerthrow at Cherronaea, That all - the inhabitants of Athens, as well the enfranchised as others, might be - accounted Citisens; was reiected and denied, for feare least the enfranchised - men (of whom there was a great multitude) should become lords of their estate, - and with the number of voyces exclude the naturall Citisens from all honours - and promotions; which the greatest number still carried away: which thing the - Romans at the first not regarding, had almost before they were aware fallen - into the power of the enfranchised men, had not Fabius - Maximus in good time foreseene the matter, and thrust the multitude of - the enfranchised men, before dispersed amongst all the tribes, into foure - tribes apart by themselves; to the intent that - one and thirtie tribes of the free borne men and auntient Citisens, might stil - with the number of voices preuaile: for they counted not in Rome their voices - by the poll, as in auntient time they did at Athens, and now doe also at - Venice; but by degrees and centuries, in the assemblies of their great estates; - and by lines or tribes, in their lesse estates. And for that it so great a - matter was without sedition done by the onely wisedome of Fabius the Censor, he tooke the surname of Maximus (or of the Greatest:) in which doing he amended the errors of - Appius the Censor▪Why Fabius was - called Maximus. who had dispersed the enfranchised and naturallised - 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 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 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 - free of that wherein he is borne; whether he be borne but of one of his parents - a Citisen, or of both of them Citisens. True it is that ofThe naturall citisen. auntient time (and yet at this present also in - diuers Commonweals) to bee a Citisen it was needfull to have both father and - mother Citisens, as in Greece, otherwise they called them Bastards, or - Mungrels, which were but Citisens on the one side, and could not themselves - neither their children be partakers of the greatest benefits or offices in the - 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 - 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 - were not true Citisens. But afterward it tooke place that he should be a - Citisen whose father was a citisen: and in many places it is sufficient for the - making of a citisen, that his mother was a citisen. For the place maketh not - the child of a straunger (man or woman) to be a citisen: and hee that was borne - in Africk of two Roman citisens is no lesse a citisen, than if hee had bene - borne in Rome. Now the made or naturallised citisen is he who hath submitted - himselfe unto the soueraigntie of another, and is so receiued into the number - of citisens. - - The naturalised citisen. For the citisen of honour - 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 under the power of of anothers commaund.

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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 - citisen by) is made a Commonweale, when they are gouerned by the puissant - soueraigntie of one or many rulers: albeit that they differ among themselves in - lawes, language, customes, religions, and diuersitie of nations. But if all the - citisens be gouerned by the selfesame lawes and customes, it is not onely one - Commonweale, but also one very citie, albeit that - - The enclosure of wals make not a citie, but the gouernment - of the citisens under the self same lawes: although they dwell in uers townes or prouinces dispersed. the - 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 - they bee all subiect unto the commaund of one head of the familie: So say we of - a Citie, which may have many townes and villages, which vse the same customes - and fashions, as are the Bailiwicks, or Stewardships of this realme: And so the - Commonweale may have many cities and prouinces which may have diuers customes, - and yet are neuerthelesse subiect unto the* viz. France. - - - - command of their soueraigne lords, and unto their edicts - and ordinances. And it may also be that every - towne and citie may have certaine priuileges in particuler, which are not - common unto them of the suburbes; and the suburbs also may have certaine - prerogatiues which are not common unto the villages, nor to the inhabitants of - the open countrie; who are yet neuerthelesse subiects of the same Commonweale, - and citisens of their citie; yet are they not for all that burgesses: for the - word citisen hath I know not how a more speciall signification with vs, than - hath the word Burgesse: and is properly the naturall subiect, who hath the - right of a corporation, or colledge, orThe difference - betwixt a citisen and a burgesse. certaine other priueledges, which - are not common also unto the burgesses. I have said the naturall subiect, for - that the subiect naturallised although hee dwell in the towne, and enioy the - right of a burgesse, is yet called in many places a burgesse: & the - other is called a citisen, who enioyeth a - certaine particular priueledge proper unto free borne citisens. As in Paris - there is none but naturall citisens, and borne in Paris, that can be Prouost of - the marchants. And in Geneua a burgesse cannot be Syndic, or Senator of the - priuie counsell of xxv, which a citisen may well be: which is also used amongst - the Swissers, and all the townes of Germanie.

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And thus much briefly concerning the difference of subiects, citisens, - burgesses, and straungers; as also concerning a Commonweale, a Citie, and a - Towne. But for as much as there is neither Greeke nor Latine, nor any other - writer that I have seene, which have used these definitions, it is needfull by - lawes and by examples to make plaine that which I have before said, being - otherwise of it selfe obscure. For we oftentimes see great quarrels and controversies to arise as well betwixt princes, as - citisens of the same towne or citie amongst themselves. For not understanding - the difference of these words, yea they from whome wee ought to expect the true - resolutions of these things, are themselves oftentimes farre wide, mistaking a - citie for a towne, a Commonweale for a citie, and straungers for citisens. But - they which write of a Commonweale without knowledge of the law, and of the - 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, 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 - absurditie in matter of a Commonweale; as Iulius Caesar - in his Commentaries well declareth, saying, That euerie citie of the Heluetians - had foure villages, or cantons. Where it appeareth that the word Citie, is a - word of right or iurisdiction, which signifieth not one place or region, as the - word Towne, or Citie; which the Latines call Vrbem of - Vrbo, that is to say of aratio, or plowing: for that as Varro saith, - the compasse and circuit of cities was marked out with the plough. It is also - certaine in question of right, That he which hath caried out of the citie, that - which was by the law forbidden to be carried out, and hath carried the same - into another citie or towne of the same prouince; is neither to be said to have - caried the thing out of the citie, neither to have offended against the law. - Yea the doctors go farther, saying, That hee hath not done contrarie unto the law, that hath transported the - thing forbidden into any other citie or towne subiect unto the same prince. And - albeit that writers oftentimes confound both, taking sometimes the one for the - other, as the greeks oftentimes vse the word , and the Latines the word Ciuitas for a towne, a citie, or the right of citisens, - for that the generall which is the citie, comprehendeth in it the particular, - which is the town: yet so it is, that they abused not the word , as we see that Cicero hath well kept the proprietie both of the one and - of the other: for the word* Cice ad Aticum. lib. 4. - - signifieth properly a - towne, wherof came the word astuti, which with the - Greeks signifieth as much as doth with the Latines Vrbani, for that the inhabitants of townes are commonly in their behauiour more civill and - gratious, than are the pesants or rude countrey men: for the word Ciuilis, which we call civill, was not of the auntient - Latines receiued for Vrbanas, that is to say courteous, - or after the manner of the citie. And least any man should thinke them to be - rashly confounded, and to be but a question of words, and not of matter: it may - be that a towne may be well built and walled, and that more is well stored also - with people, and furnished with plentie of all things nececessarie to live - withal, & yet for all that be no citie, if it have not laws and magistrats - for to establish therin a right gouernment (as we have said in the first - chapter) but is more truely to be called an Anarchie than a citie. And so - contrariwise it may be, that a towne may be in all points accomplished and have - the right of a citie, and of an vniuersitie, - and well ruled also with lawes and magistrats; and yet neuerthelesse shall it - not bee a Commonwealth: as we see the townes and cities subiect unto the - seignorie of Venice, which are no Commonweals no more than the townes in the - prouinces subiect and tributarie unto the citie of Rome were of auntient time - no Commonweals, neither enioyed the right or priuiledge of Commonweals; but the - citie of Rome it selfe onely, which had great priueledges and prerogatiues - against them all in generall, and against every one of them in particuler: - albeit that the lawes speaking, of the other townes, doe oftentimes vse this - word (Citie) but that also vnproperly, for Traian the - emperour writing to Plinie the yonger, Proconsul of - Asia, denieth the citie of the Bithynians to have the right of a Commonweale, - in being preferred before other priuat - creditos in the right of a pledge, and that truely. For why? that was proper - unto the citie of Rome, and to them to whome they had especially giuen this - prerogatiue, as was onely the citie of Antioch in all the Roman Empire. So wee - see that a towneThat the citisens, and not the wals or - buildings of a citie, make a citie. may be without a citie, and a - citie without a towne, and neither the one nor the other of necessitie a - Commonweale: and that more is, one and the same citie may still bee kept in the - whole and entire state of a citie, the wals thereof being laid flat with the - ground, or it quite abandoned by the citisens; as did the Athenians at the - comming of the Persian king, unto whome they left their towne, putting all - themselves vpon the sea, after they had put their wiues and children in safetie - amongst the Trezenians; following therein the counsell of the Oracle, which had - aunswered them, That their citie could not be - saued but by woodden wals: which Themistocles - interpreted, That the citie (which consisteth in the lawfull bodie of citisens) - could not be saued but by ships. In like manner it happened also unto the - inhabitants of Megalopolis, who understanding of the comming of Cleomenes king of Lacedemonia, all voyded their towne, - which for all that was no lesse a towne than before; yet was it then neither - citie nor Commonweale: in sort that a man might say, That the citie was gone - out of the towne. So spake Pompey the Great, after he - had drawne out of Rome two hundred Senators, and the better part of the - 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 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 - wals of the citie, and the parishioners within the citie, that they should - enioy the right of citisens, as if the parish were within the compasse of the - wals: so also is it to bee iudged of a citie. Neither let it seeme unto any man - straunge, that I stand something the longer vppon this matter; if he but - remember what importance the lacke of knowledge of these - things was long ago unto the Carthaginensians. For at such time as question was - made in the Senat of Rome, for the rasing - of Carthage: the report thereof being bruited abroad, the Carthaginensians sent - their ambassadors to Rome, to yeeld themselves unto the mercie of the Romans, - and to request the Senat not vnworthily to rase that their citie one of the - fairest of the world, famous for the noble acts therof, an ornament of Rome it - selfe, and a monument of their most glorious victories. Neuerthelesse the - matter being long and throughly debated in the Senat, it was at last resolved - vpon, That for the safetie of the Roman empire Carthage should bee destroied, - as well for the oportunitie of the place, as for the naturall persidiousnesse - of the Carthaginensians themselves, who had now alreadie made warre vpon the - allies of the Romans, rigged vp a number of ships contrarie to the agreement of - peace, and secretly stirred vp their neighbour - people unto rebellion. The matter thus resolved vpon, the Carthaginensian - ambassadors were sent for into the Senat, unto whome aunswere was giuen by the - Consull, That they should continue in their faith and fidelitie unto the Senat - and the people of Rome, and in pawne thereof to deliver unto the people of Rome - three hundred hostages and their ships: in which doing they should have their - citie safe, with all their rights, priueledges and liberties, that euer before - they had enioyed. With this answere the ambassadors returned merily home. But - by and by after commissionThe Carthaginensian ambassadors - deceiued for not well understanding what a citie in uth is. was giuen unto Scipio Africanus the - yonger, To go in all hast with a fleet to Carthage, and with fire and sword to - destroy the towne, sauing the citisens and all other things else that they - could carrie out of the towne. Scipio ariuing in Africke - with his armie, sent Censorinus his lieutenant to Carthage, who after he had receiued the - promised hostages together with the Carthaginensian ships, commaunded all the - people of Carthage to depart out of the towne, yet with free leaue to carrie - out with them what they would, and to build them a citie further off from the - sea, or elswhere to their best liking. With this strait commaund of the - lieutenant the Carthaginensians astonished, appealed unto the faith of the - Senat, & of the people of Rome, saying, That they had promised them that - their citie should not be rased: to whome it was aunswered, That the faith - giuen unto them by the Senat should in all points be kept; but yet that the - 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 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 - rased, and that the vse and profit left unto the citie, was in this case - extinct aboue an hundred yeares before: but hee was in the same errour wherein - the ambassadours of the Carthaginensians were, unto whome all their rights, - prerogatiues, and priueledges were reserued. The like errour was committed in - the agreement made betwixt the Cantons of Berne and Friburg, in the yeare 1505, - wherein it was agreed, That the amitie and alliance betwixt those two - Commonweals should be for euer, and so long - to endure as the wals of both the cities should stand. Neither are we to stay - vpon the abuse which is ordinarily committed, or vpon the acts of greatest - importance of them, which call one and the same thing a towne, a citie, and an - vniuersitie: as some say of Paris, and certaine other places, calling that the - citie which is contained in the Isle, and the vniuersitie the place wherein the - colledges stand, and all the rest the towne, when as the towne it selfe is - contained within the compasse of the wals and suburbs: howbeit that wee herein - follow not the proprietie of the law, calling it the towne and suburbs, for the - diuers priuiledges graunted unto them by diuers kings; - and the vniuersitie the bodie of all the burgesses of Paris together: but the citie the coniunction or ioyning together - of the towne it selfe and the liberties, as also of the men vsing the same - lawes and customes, that is to say the coniunction of the prouostship and of - the countie of Paris together: which abuse is growne, for that of auntient time - all the towne was not but the isle inuironed with wals, and the riuer about the - wals, so as we read in the Epistle of Iulian, gouernour - of the West empire, who made his ordinarie residence in Paris; the rest of the - citie that now is being then in gardens and arable land.

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But the fault is much more, to say, That he is not a citisen, which is not - partaker of the offices of gouernment, of giuing of voices in the consultations - of the people, whetherAristotle his definition of a Citisen - impugned. it be in matters of iudgement, or affaires of the state. - This is the definition of a citisen, which Aristotle hath left unto vs by writing, which he - afterward correcting himself,* Lib. 3. cap. 1. & cap. 4. - Polit. * Topi. lib. 6. * Pol. li. 3. ca. 1 sayeth it not to have - place put in the popular state only. Now he in another place himselfe - confesseth that definition not to be good which is not generall. Small - apparance also is there in that he saith in another place, The noble to be more - a citisen than the base, and the inhabitant of the towne rather than the plaine - country peasant; and that as for the yong citisens, they as yet but grow as - nouices, whilest the elder citisens decay; and that they of the middle age are - the entire citisens, and the other but in part. Now the nature of a definition - neuer receiueth diuision; neitheir containeth in it any thing more or lesse - than is in the thing defined. And yet neuerthelesse that description of a - citisen that Aristotle hath giuen unto vs, is defectiue - and lame, not being aptly to be applied euen - unto the popular estate, seeing that in the Athenian estate it selfe which had - no peere for the libertie and authoritie of the people, the fourth ranke or - degree of citisens being more than three times as great as all the rest of the - people, had no part in the offices of gouernment, or in iudgements. So that if - we will receiue the definition of Aristotle, we must - needs confesse, that the greater part of the naturall burgesses of Athens, were - in their owne Commonweales strangers, vntill the time of Pericles. And as for that which he saith, The noble to be alwaies more - citisens than the base and vnnoble, is vntrue, not onely in the popular estate - of the Athenians, but also in the popular Commonweals of the Swissers, and - namely in Strasbourg, where the nobles (in the qualitie of nobles) have no part - in the offices of state and gouernment. - -

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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 - 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 - to the eye, Why am not I set aloft in the highest place of the bodie? or is the - foot therefore not to be accounted amongst the members of the bodie? Now if Aristotles definition of a citisen should take place, how - many seditions, how many civill warres, what slaughters of citisens would arise - euen in the middest of cities? Truly the - people of Rome, for no other cause departed from the Senators, than for that - they enioyed not the same authoritie and priueledges that the nobilitie did; - neither could it otherwise be appeased than by the meane of the fable of the - members of mans bodie, whereby the graue and wise Senator Agrippae reconciled the people unto the Senators. For Romulus the founder of the citie of Rome, excluded the - 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 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 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, - but municipes (as who should say, Men made partakers of their immunities) yet - indeed lesse esteemed and honoured than the Romans themselves, albeit that - their estate were vnited unto that of the Romans. As we see that Cateline descended of the auntient familie of the Sergians in Rome, and so a naturall Roman, by way of - disgrace obiected to M. - - - - Tullius Cicero, That he was but a new vpstart of - Arpinas. And that was the cause that many municipiall townes chose rather to - 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; 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 - in one mans bestowing, they thought it now better to vse their owne lawes than - others.

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Thus we see two sorts of citisens differing in priueledges, that is to wit, the - Roman - - The diuers sorts of citisens in Rome. citisen, and - the municipiall or countrey citisen. Now the third sort were the Latines, who - had at the beginning threescore townes, but were afterward augmented with - 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, 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 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 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 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 - those of Autun were the first that had the priueledge to bee Senators of Rome, - and therefore called themselves Brethren unto the Romans: howbeit that the - Auuergnats tooke unto them the same priueledge & title, as descended from - the Troians (as saith Lucan.) Now it is not to be - doubted, but that that the Roman Colonies were true and natural citisens of - Rome, drawne out of the Roman blood, vsing the same lawes, magistrats, and - 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 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 - citisens, and yet without chaunging either of their owne lawes or customes, or - loosing any point of their liberties. And forasmuch as the Romans, holpen by - the strength & power of their friends and allies, had subdued diuers other - nations, and yet suffered not those their friends and companionsThe cause of the confederat warre in Italle against the - Romans. to be admitted to sue for the honours and honourable offices - in the citie; thereof rise the confederats warre in all Italie against the - Romans, which neuer tooke end vntill that after much harme on both sides both - done and receiued, the libertie of the citie - of Rome was by the law Iulia graunted unto Plu. in Syl - - all Italians, some few onely excepted. For the cities of Italie were - called some Colonies, some Allies, some of them of the Latines, and some of the - Italian iurisdiction, and all of them different. And that is it for which Titus Liuius saith, I am inde morem - Romanis Colendi socios, ex quibus alios in - - * Liui. lib. 26. - - ciuitatem, at que aequum ius accepissent: alios in ea fortuna - haberent, vt socij esse quam ciues mallent. viz. Now since that time - the manner of the Romans was to honour their fellowes, of whome some they tooke - into the citie, and into like freedome with themselves: othersome they had in - that estate, as that they had rather to have them their fellowes, than citisens - with them. And hereof proceeded that speech of Tiberius - the emperour, in the Oration which he had in the Senat, which is yet seene - engrauen in brasse in Lyon. Quidergo? Num Italicus Senator prouinciali potior est? What then? Is - 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 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 - tributaries. And albeit that the Latines were so straitly allied unto the - Romans, as that they seemed to be verie citisens; yet neuerthelesse that they - were not so, it is to be well gathered by that saying of Cicero: Nihil acerbius Latinos - - - - ferre solitos esse, quam id, quod perrarò accidit, a - Consulibus iuberi ex vrbe exire. viz. The Latines used to take nothing - more heauily, than that which but verie seldome times happened, To be - commaunded by the Consuls to void the citie: for as for other straungers we - read, them to have oftentimes bene driuen out of the citie. In briefe, such was - the varietie of priueledges and prerogatiues amongst them which were contained - within the Roman empire, besides their confederat and free people, as that - almost no one thing was so proper unto the Roman citisens in generall, as that - the magistrats and gouernours might not proceed in iudgement against them in - matters concerningNo one priueledge more common unto the - Roman citisens in generall, than that the magistrat might not proceed - against them in cases concerning life or libertie, ithout the peoples leaue. their life and libertie, without the - peoples leaue. Which prerogatiue was by the tribunitiall law Iunia graunted to all the citisens of Rome, after that the people had - expulsed their kings, and was called, The - holy Law, being oftentimes after reuiued and confirmed by the Valerian Consull laws, at diuers times made by the Consuls Publius, Marcus, and Lucius, of - the honourable familie of the Valerians: and last of all - by the Tribunitiall law Sempronia, and Portia, where to meet with the proceedings of the magistrats and - gouernours, who encroached vpon the iurisdiction of the people, and proceeded - oftentimes against the people, without yeelding thereunto, there was the - penaltie of treason annexed unto the law; for that those lawes were oftentimes - broken by the magistrats. And at such time as Cicero was - about to have commaunded the Roman citisens priuie to - the conspiracie of Cateline to be strangled in prison: - Caesar - - desiring to dissuade the matter in the Senat, - said, Our auncestors imitating the maner of the Grecians, did punish and - 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 - 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, - commaunded to be consecrated to Libertie: wherewith the magistrats terrified, - durst not but from that time forward with lesse seueritie proceed against the - Roman citisens, yea euen after that the - popular state was chaunged. And that is it for which Plinie the younger, Proconsull of Asia, writing to Traian the emperour, concerning the assemblies made by the Christians - in the night, to the disquiet of his iurisdiction: I have (saith he) many in - prison, amongst whome there are certaine citisens of Rome, whom I have put - apart for to send them unto Rome. And S. Paul at such - time as he was drawne into question, as a seditious person, and a troubler of - the common quiet; so soone as he perceiued that Felix - the gouernor would proceed to the triall of his cause, he required to bee sent - 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 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 - was before brought into the forme of a prouince. As in like case Pontius Pilat, gouernour of the same countrey, was - constrained to condemne Christ Iesus as a tributarie subiect of his prouince, - whome for all that hee seemed to have bene willing to have delivered out of the - hands of his enemies, and from all punishment, if he could well in so doing - have auoided high treason, which the people threatned him with: Which the - gouernour fearing, least he should seeme to have any thing therein offended, - sent the whole processe of the matter unto Tiberius the - emperour (as saith Tertullian.) For if the municipiall magistrats of the Iewes had had - soueraigne power and iurisdiction, they would not have sent him back againe - unto the gouernour, crying That he had deserued the death, but that they had - not the power to proceed thereunto against him. For the municipiall magistrats - of prouinces had not any iurisdiction, more than to commit the offendors into - safe keeping, for feare of the present daunger, and to receiue cautions, or to - giue possession, and sometimes to appoint tutors unto poore orphans: but in - criminall causes, had no power or authoritie, neither ouer the citisen of Rome, - neither ouer the straunger or prouinciall subiect, or ouer others that were - enfranchised; but onely ouer their flaues, whome they might at the vttermost - but with stripes correct. For as for the iurisdiction giuen to them that - had the defence of townes, they were - established by Valentinian three hundred and fiftie - yeares after. Whereby it is to be gathered, all power and authoritie for the - execution of iustice to have bene giuen to the Roman gouernours, and their - lieutenants in their prouinces, and taken from the rest. For they but deceiue - vs, which thinke the Iewes priests, for the qualitie of their priesthood to - have made conscience to condemne to death our Sauiour Christ Iesus, as if by - their religion they had bene hindred so to do; and hereupon have concluded, - That churchmen ought not to giue iudgement that carried with it the execution - of blood: which proceeded of the ignorance of - fantiquitie: For it is euident that before the land of Palestine was brought - into the forme of a prouince, it had but the - Senat of the Iewes, consisting of 71 persons, composed in part of priests and - Leuites, who had the power of condemning offendors to death, as the Chaldean - interpretor plainly sheweth, and the Hebrew Pandects more plainely than he.

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Wherefore this was the greatest and chiefest priueledge proper to the citisens - ofThe greatest & chiefest priuelege proper unto the - citisens of Rome. Rome, That they could not by the magistrats be - punished either with death or exile, but that they might still from them - appeale; which libertie all the citisens of Rome enioyed. The other Roman - subiects which had not this priueledge, were not called citisens: yet thereof - it followeth not, that to speake properly they were not indeed citisens, and - according to the true signification of a citisen: for they must needes be - citisens, or straungers, allies, or enemies, - seeing that they were not Slaves; for so much as they were contained within the - bounds of the Roman empire. But we cannot say that they were allies, for that - onely free people which defended the maiestie of their estate, were called the - fellowes or allies of the Romans: neither could it bee said that they were - 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 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, - maketh vs to call some of them citisens, and others tributaries. Yet we read - that the emperour Augustus was so iealous of these - priueledges, that hee would neuer giue the right of a Roman citisen unto French - men, for any request that his wife Liuia could make unto - him; yet for all that, not refusing to ease them from paying of tributes: - neither liked he well of it, that his vncle Caesar had - together & at once giuen the freedome of the citie, unto that legion which - he had raised of Frenchmen, and in generall to all the inhabitants of Nouocome: - and blamed also M. Antonius, for that he had for money - sold the freedome of the citie unto the Sicilians. Neuerthelesse the succeeding - princes kept not with so great deuotion the rights and priueledges of the Roman - citisens. Antonius Pius by a generall edict gaue the - freedome of the citie of Rome unto all the - citisens of the Roman empire (Slaves alwaies excepted) that so the citie of - Rome might be the commmon countrey of all nations. Wherein hee seemed in a sort - to imitat the example of Plut. in Alexandro. - - Alexander the Great, who called the whole world but one - citie, and his campe the chiefe fortresse thereof. But Antoninus contented himselfe with the Roman world. And albeit that the - citie, or rather the grant of the immunities of the citie seemed so to be - communicated unto all, yet were the priueledges of citisens diuers, some - alwaies enioying more than others; as is to bee seene not onely in the - Commentaries and answeres of the great lawyers, which flourished after Antoninus - - The greatnes of the priueleges and immunities which a man - enioyeth, maketh him neuer a whit the more therefore a citisen. - - Pius, but also in the edicts of other princes. For Seuerus more than fiftie yeres after Antoninus was the first that gaue the priueledge to them of - Alexandria, that they might be made Senators - of Rome: but the other Aegyptians could not be made citisens of Rome, except - they had before obtained the freedome of the citie of Alexandria. Which well - sheweth, that the greatnesse of the priueledges make not the subiect therefore - the more or lesse a citisen. For there is no Commonwealth where the citisen - hath so great freedome, but that he is also subiect unto some charge: as also - the nobilitie, although with vs exempted from taxes and tallages, are yet bound - to take vp armes for the defence of the Commonweale and others: and that vpon - paine of their goods, their blood, and life. For otherwise if the largenesse of - prerogatiues and priuileges should make a citisen, then - verely straungers and allies were to bee called citisens, seeing that oftentimes greater and larger priueledges are - giuen unto strangers or allies, than to citisens themselves: For why? the - freedome of the citie is oftentimes for an honour giuen unto straungers, who - yet for all that are bound unto no commaund or necessarie duties. As the - Swissars gaue the freedome of their citie first to Lewes - the eleuenth,Honourable citisens. and so afterwards - unto the rest of the French kings. So Artaxerxes king of - Persia, gaue the freedome of the citie unto Pelopidas - (and all his posteritie) entreating of alliance with him. So the Athenians made - free of their citie Euagor as king of Cyprus, Dionysius the tyrant of Sicilie, and Antigonus and Demetrius kings of Asia. Yea that - more is, the Athenians gaue unto all them of the Rhodes the freedome of their - citie: and the Rhodians with like courtesie vpon the agreement of the league, - 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 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 - them both of their citie and amitie: and in case that any of the confederats - forsaking his owne citie, had rather to goe unto the citie of his fellowes and - confederats, he should presently become a citisen and subiect of the other - citie, without any new choyce or speciall letters of his naturalisation or - enfranchising. But the freedome of any citie giuen for honour sake unto any, - bindeth no man unto the commaund thereof; but - him which forsaketh the dwelling place of his natiuitie or citie, that so he - may come into the power of another prince: For neither were those kings whom we - have spoken of; neither Hercules, or Alexander the Great, when they were made honourable citisens of the - Corinthians, subiect or bound unto their commaunds; in such sort as that the - right of a free citisen was unto them but as a title of honour. Wherefore - seeing it impossible for one and the same person to bee a citisen, a stranger, - and an allie; it may well be said that the priueleges make not a citisen, but - the mutuall obligation of the soueraigne to the subiect, to whome for the faith - and obeisance he receiueth, he oweth iustice, counsell, aid, and protection, - which is not due unto strangers. - -

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But some may say, How can it then bee, that the allies of the Romans, and other - people gouerning their estate, were citisens of Rome (as those of Marseilles - and of Austun?) Or what is that which M. Tullius crieth - out: O the notable lawes, and of our auncestors by diuine inspiration made and - set downe, euen from the beginning of the Roman name, That none of vs can be - the citisen of more than one citie: (for dissimilitude of cities must also - needs have diuersities of lawes) nor that any citisen can against his will be - thrust out, or against his will be detained in the citie. For these are the - surest foundations of our libertie, every man to bee master both of keeping and - of leauing of his right and libertie in the citie. And yet he the same man, - before had said it to be a thing granted unto all other people, that euerie man - might be a citisen of many cities: with which - errour (saith he) I my selfe have seene many of our citisens, ignorant men, - led; to have at Athens bene in the number of the judges, and of the Areopagi, - in certaine tribe, and certaine number, when as they were yet ignorant whether - they had obtained the libertie of that citie; and to have lost this, except - they had by the law made for the recouerie of things lost, againe recouered the - same. Thus much hee.

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But first to that which he writeth concerning the Athenians; that law of Solons was long before abolished, which admitted not a - straunger to the freedome of a citisen of Athens, except - he were banished out of his owne countrey: at which law Plutarch - - wondreth aboue measure; not foreseeing that to - have bene done of Solon, to the end (as it is like) That - 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 - 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. - Tullius meant (for why, hee well agreeth not with himselfe) That he - which was indeed a true citisen of Rome, that is to say, which was bound unto - the Senat and the lawes of the people of Rome, could not be bound unto the commaund of another citie. As Pomponius Atticus borne in the citie of Rome, being a - Roman citisen, and of the honourable order of the knights, who for his loue - towards the Athenians, was thereof called Atticus (and - unto whome three of the Roman emperours referred the beginning of their - discent) refused the freedome of the citie of Athens offered him by the - Athenians; least (as saith Cornelius Nepos) he should - 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, 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 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 - oftentimes see warres betwixt neighbour princes, for the subiects of their - 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 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 - Stanislaus Rasdrazetoski sent to the cnstable of France, bearing date the 17 of August 1553. - Neuerthelesse there are many people vpon the frontiers, which have set - themselves at libertie, during the quarrels of princes, as it is come to passe - in the low countrey of Leige, of Lorraine, & of Burgundie: where there are - more than twelue subiects of the French king, or of the empire, or of Spaine, - who have taken vpon them the soueraigntie. Amongst whome Charles the fist reckoned the duke of Bouillon, whome he called his - vassall: and for that he was his prisoner in the yeare 1556, at the treatie - made for the deliverance of prisoners, hee demaunded an hundred thousand pound - for ransome; for that he called himselfe a soueraigne prince. But there are well also others beside the duke of Bouillon: - & to go no further than the marchesse of Burgundie (which is called, The - forbidden countrey) six princes have soueraigne power ouer their subiects, - which the mutual wars betwixt the French and the Burgundians have by long - prescription of time brought forth. And in the borders of Lorraine, the - counties of Lume & of Aspremont have taken vpon them the right and - authoritie of soueraigntie. Which hath also happened vpon the borders of - England and Scotland, where some particular men have made themselves great - 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 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 - should be his that so found them: which was one of the articles agreed vpon by - the states of Scotland, in the yere 1550, and sent to Henrie the second the French king, as was by him prouided. But where - the soueraigne lords are good friends, as the Swissers of the countrey of - Lugan, and the other territories which belong in common to all the lords of the - league, whither they send their officers euerie Canton by turne: there the - subiects are not reputed to bee the subiects of diuers soueraignes, but of one onely, which commaundeth in his order; in - such sort as that one of them seeke not to encroach vpon the others. Whereof - rise a sedition betweene the seuen Cantons Catholick, and the foure - Protestants, in the yeare 1554, the Catholicks desiting to chastice the - inhabitants of Lugan and Louerts, who had seperated them from the church - Catholike: and the Protestants hindring them so to do, and were now vpon the - point to have taken vp armes the one against the other, if the Cantons of - Glaris, and Appenzell, who allow of both religions, had not together with the - ambassadour of the French king, interposed themselves, and so pacified the - matter. Now therefore the full and entire citisen or subiect of a soueraigne - prince, can bee no more but a citisen of honour of another seignorie. For so - 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 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 - as for that which Cicero saith, That the citisens of - Rome mightA citisen of Rome might at his pleasure giue vp - his freedome. at their pleasure leaue their freedome of citisens, to - become citisens of another citie: nothing was unto them therein more lawfull, - than that was in like case unto all other people lawfull also: and that - especiallie in a popular estate, where euerie citisen is in a manner partaker - of the maiestie of the state, and doe not easily admit strangers unto the - freedome of citisens. As in Athens, where to make a straunger free of their - citie, there must of necessitie 6000 - citisens, by their voices in secret giuen consent therunto. But in such places - and countries as wherein tyrants rule, or which for the barrennesseNot citisens only but euen strangers also in some places - prohibited to depart. of the soile, or intemperature of the ayre are - forsaken by the inhabitants; not onely the citisens, but euen the strangers - also are oftentimes by the princes of such places prohibited to depart, as in - Moscouia, Tartaria, and Aethiopia; and that so much the more, if they perceiue - the stranger to be ingenious and of a good spirit, whome they detaine by good - deserts, or els by force, if he would depart: in stead whereof hee must buy it - deare, or right well deserue of the Commonweale, that shall get his freedome of - a citisen amongst the Venetians or Ragusians, or such other free states. And - although that by the Roman law euerie man might giue vp his freedome; and that - in Spaine it is free for every man to remoue - elswhere, and to be enrolled into another citie, so that it be done by - protestation to the prince: yet hath it and shall bee alwayes lawfull to all - princes and cities, by the right of their maiestie and power to keepe their - citisens at home. And therefore princes in making of their leagues, protest - that they will not receiue any the subiects or vassals of their confederats - into their protection, freedome, or priueleges, without their expresse consent. - Which is conformable unto the auntient clause of the Gaditane confederation - reported by Cice. in orat▪ pro Corn Bal. - - Cicero: Ne quis faederatorum a populo Romano ciuis - reciperetur, nisi is populus fundus factus esset; id est auctor. viz. - That none of the confederats▪ should of the people of - Rome be receiued for a citisen, except that - people so confederat had bene the ground, (that is to say, the author thereof.) - For therein lieth the state of that cause: for that Cornelius - Balbus was a citisen of a confederat citie, & therfore could not - contrarie to the league, by Pompeius be made a citisen - of Rome without the consent of the confederats. The same Cicero writeth also in the leagues of the French with the Romans to - have bene excepted, That none of them should of the Romans be receiued for a - 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 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, - they should not otherwise obtaine it, except they would dwellThe subiect may not depart out of his countrey without the leaue of his - prince. in the countrey, their land and goods remaining as before. - And besides these leagues, there is no prince which hath not taken the like - order. So that oftentimes the subiect dare not so much as to depart out of the - countrey without leaue, as in England, Scotland, Denmarke, and Sweden, the - noble men dare not to goe out of their countrey without leaue of the prince, - except they would therefore loose their goods: which is also observed in the - realme of Naples, by the custome of the countrey. As also it was forbidden by - the emperour Augustus to all Senators to goe out of - Italie without his leaue, which was alwaies right straitly looked unto. And by - the ordinances of Spaine it is forbidden the - Spaniards to passe ouer into the West Indies, without the leaue of the king of - Spaine: which was also of auntient time forbidden in Carthage, when Hanno their great captaine had first discouered the - islands of the Hesperides. And by theThe Canaries. - decrees of Milan, it is not lawfull for any subiect to receiue the freedome of - any other citie; or to enter into alliance or league with any other princes or - Commonweales, without the expresse leaue of the Senat of Milan. And that more - is, we see oftentimes that it is not permitted unto the subiect, so much as to - change his dwelling place, albeit that he depart not out of the seignorie and - obeysance of his soueraigne prince: as in the dutchie of Milan, the subiect - comming to dwell in the citie of Milan, or within a certaine circuit of Milan, - must first have leaue so to doe; and also pay unto his prince three duckets. We also find that it was in auntient time - forbidden the Bithynians (subiects unto the Romans) to receiue any other - subiects into their towne, or to giue unto them the freedome of a citisen, as - they oft times did, to decline the iurisdiction of others, or to ease them of - paying of customes and tributes due: in which case the law commaundeth, That he - which hath so chaunged his dwelling should beare the charges of both places; - which was also decreed by the kings, Philip the faire, - Iohn, Charles the fift, and Charles the seuenth. Howbeit that the decree of Philip the long would, That the Prouost or bailiefe of the place, - assisted with three burgesses, should receiue into the freedome of their citie, - whosoeuer of the kings subiects as would, prouided, That within a yeare and a - day he should in the same citie into which hee remoued, buy an house of the price of 60 soulz Paris at the least; - and to signifie the same by a sergeant, unto the lord unto whome the - iurisdiction of the place wherein he dwelled belonged; and after that, that he - should dwell in the same citie whereinto he was receiued for a citisen, from - the first of Nouember, unto the 24 of Iune; and yet paying the like tax or - tribute that he did before he remoued, so long as hee dwelleth in that new - freedome; and without declining the iurisdiction for any suit commenced against - him three months before.

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And albeit that it be lawfull for euerie subiect to chaunge the place of his - dwelling, yet is it lawfull for no man to forsake his - natiue countrie; and much lesse for them - - Not lawfull for any man to forsake his natiue - countrey. which are enrolled and tied to the soyle, whome we call - Mort-maines, who of auntient time might not chaunge their dwelling place - without speciall leaue. And so generally a man may say in tearmes of right, - That the freedome of a citisen is not lost, neither the power of a prince ouer - his subiect, for chaunging of the place or countrey; no more than the vassall - can exempt himselfe from the faith and obedience hee oweth unto his lord; or - the lord without iust cause refuse to protect and defend his vassall, without - the consent of one to the other, the bond betwixt them being mutuall & - reciprocall. But if the one or the other have giuen their expresse or secret - consent; or that the subiect forsaking his prince, hath yeelded himselfe unto - the protection of another prince, by the sufferance of the first, without - contradiction, he is no more bound unto the - obeisance that he oweth him: neither can otherwise than as a stranger - afterwards returne into the former citie. For princes oftentimes by large gifts - or priueleges drawWhy princes oftentimes by large gifts and - priueleges draw into their countries ingenious strangers. into their - countries ingenious straungers; whether it be so to weaken their neighbour - princes, or for the better instruction of their owne people, or so to encrease - their wealth and power, or els for their immortall fame and glorie which they - hope to get in making the towns and cities by them built, more renowned with - the multitude of citisens and plentie of all things. So Theseus by proposing the libertie of the citie to all strangers, made - the citie of Athens most famous of all the cities of Greece. So Alexander the Great by granting of great priueleges, - least the city by him built at the mouth of the riuer Nilus (which he after his - owne name called Alexandria) the greatest, and best traded of all the cities of Aegypt. So king Lewes the eleuenth gaue the priueleges of the citie of Burdeaux to all - straungers whether they were friends or enemies (except the English) so that - they dwelt within the towne. So Frauncis the Great, - founder of the citie by him built at the mouth of the riuer Sequana, which they - call The Port of Grace, proponing immunitie from all tributes, to all them that - should dwell therein, in short time made it a most populos citie. Neither - should the citie of London abound with so great wealth, nor such a multitude of - citisens, had not Richard king of England proposed unto - straungers all the immunities graunted unto the citisens: so that they had - dwelt ten yeares in the citie: which space of time for the obtaining of the - libertie of the citie, most part of the Swissers and Germans, indifferently - propounded to al strangers: a thing well - 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 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. - And yet it sufficeth not to have dwelt in another mans countrey the time - prefined in the customes, to obtaine the freedome of a citisen; if theTo have dwelt long in another princes countrey maketh him neuer - 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 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 - obtaine the full right and priueledge of a citisen, it sufficeth not to have - dwelt the time appointed by the decrees and ordinances of the place, if a man - have not both demaunded and obtained the same. For as a gift is to no purpose, - except that both he which giueth, and he to whome it is - giuen agree, the one in giuing and the other - in receiuing: so neither is he made a citisen that would not; neither if he - would could he so be, either of the princes interposing themselves. For which - cause those Consuls, of whome the one was by an heald - at armes yeelded unto the Numantines; and the other to the Samnites, for that - they had without the commaundement of the people made peace with the enemies▪ - left not therefore to bee citisens of Rome: because they were not receiued by - the enemies. Which question for all that could not yet be fully decided, for - the different opinions of Brutus & Scaeuöla betwixt themselves. For when the Consull yeelded to the - Samnites, returning to Rome was come into the Senat, the Tribune of the people - 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 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 - case that he were of the enemie receiued. But if so be that a straunger doth - enen against his will retaine the rights of his owne citie, when as hee yeelded - himselfe unto the power of another prince, by whom he is refused: much more - doth he retaine the same when he requireth not the right of a straunge citie: - and then when it hath bene offered him, hath refused the same: and much lesse - if he have not bene presented unto the strange - prince, neither hath of him required letters of his naturalising, but onely to - stay in his countrey as a straunger the time prefixed by the decrees. Whereby - is decided the difficultie and doubt which the Senat of Naples made, and therin - resolved nothing; that is to wit, If he that had dwelt all his life in a - strange countrey should enioy the right and freedome of a citisen in his owne - countrey. And many there be, that thinke he ought not to enioy the same; - saying, That regard is to be had to the place of his long dwelling: but I am of - opinion (if mine opinion may take place) That hee ought neuerthelesse to enioy - the priueledge of a free citisen, if he have not by consent of his prince - 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 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 having in the meane time - done no harme against his countrey, neither committed any crime for which he - 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 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, & - expresly renounced the place of his birth) being come into Fraunce there to - make his perpetuall residence, ought to enioy the priueleges of a citisen, - without letters of his naturalizing? Neuerthelesse I am of opinion that he is a - straunger, for the reasons before alleged, and that he ought not to enioy the - priuelege of a citisen; sauing unto the prince to reforme it if it shall so - seeme good unto him. And if a straunger which hath obtained letters of his - naturalising out of his owne countrey, and yet will not - there dwell, he looseth the right he there pretendeth: for that the lawes suffer not a double fiction. And for this - cause Lewes the xij. the French king thrust out from the - 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 having obtained them, pay his fine unto maisters of the - receipt.

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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 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 - citisen. the same citie to be a straunger, then a citisen, especially - in such cities as are oppressed with the crueltie and insolencie of Tyrants. As - in Florence many citisens requested Cosmus the new duke - to be reputed and esteemed as straungers, by reason of the libertie of - straungers, and thraldome of the citisens, which they obtained not: and yet hee - allured fiftie straungers to sue for the freedome of the citie, putting them in - hope of the great offices and commaunds: whereby it was brought to passe, that - from those fiftie citisens so made, he extorted fiftie thousand crownes, - confirmed the authoritie of the new citisens gotten by deceit, and thereby - brake the power of the conspirators against him. So in auntient time the - Venetians empouerished and brought low by the - warres against the Genowayes, and fearing the rebellion of many subiects, with - a few of the great states, sold the right and priueledge of a gentleman of - Venice unto three hundred citisens, so to strengthen themselves with their - goods, their force, and counsell, against the power of the people. It is then - the acknowledgement and obedienceThe true difference betuixt - a citisen and a stranger. of the free subiect towards his soueraigne - prince, and the tuition, iustice, and defence of the prince towards the - subiect, which maketh the citisen: which is the essentiall difference of a - citisen from a straunger, as for other differences they are casuall and - accidentarie; as to have part in all or certaine offices or benefices; from - which the straunger is debarred as it were in euerie Commonweale. As for - offices it is cleere. And although the Bishops of Rome have of long time - attempted to giue all benefices to all men as - of right: yet have princes oftentimes reiected those ambitious decrees of the - Popes. I except the kings of Spaine, of all others the most obedient seruants - of the Bishops of Rome, who not without great reward obtained by the decree of - Sixtus Bishop of Rome, That beuefices should not be - bestowed vpon straungers. And so in Boulongne la Grace, where the Pope is - soueraigne lord, the offices and benefices are not giuen but to the naturall - inhabitants and subiects. The like whereof is done also in all the seignorie of - Venice. But the Swissers have farre otherwise proceeded than by way of - agreement, who by a law made in the yeare 1520, decreed the Popes Buls and - Mandats, whereby he had not doubted to giue benefices unto straungers, to bee - publickly torne, and they that used them to be cast in prison. And by the lawes - of the Polonians also euen from the time of - Casimire the Great, unto the raigne of Sigismundus Augustus, straungers were kept farre from all - benefices; which thing also the Germans by couenants, of late wrested from the - Popes: in which couenants they of Mets were also comprised, and so iustly by - their letters complained unto Charles the ix the French - king, those couenants to bee broken by the craft of the Bishops of Rome.

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Another priueledge there is also graunted more unto citisens than to - straungers, in that they are exempted from many charges and payments, which the - straunger is constrained to beare: as in auntient time in Athens the straungers - payed a certaine speciall tribute for the right of their - dwelling place, which they called : whereas the citisens were free from all impositions. But the most notable - priueledge that the citisen had aboue the straunger, is, that he had power to - make his will, and to dispose of hisThe greatest priueledge - that a naturall citisen had in auntiens time aboue a straunger. - goods, according to the customes; or leaue his neerest kinsmen his heires; - whereas the straunger could do neither the one nor the other, but his goods - fell unto the lord of the place where he died. Which is no new law in Fraunce, - as the Italians complaine, but a thing common also unto the kingdome of Naples, - of Sicilie, and all the East, where the Grand Signior is not onely heire unto - the straungers, but also to his Timariots, for their immouables; and to his - other subiects for the tenth. As in auntient time in Athens, the common - treasure receiued the sixt part of the inheritance of straungers, and al their - Slaves borne in the citie: wheras in Rome the rigour was much greater (the common treasure swallowing vp all the - inheritance of straungers.) And albeit that where Diodorus saith, The Aegyptians and Romans to have suffered the heires - of straungers to succeed them: he spoke therein like a straunger himselfe - without regard; for it is most certaine, that it was no way permitted for a - straunger to dispose of his goods, neither to receiue any thing by the - testament of a citisen of Rome, the common treasure carrying away the - 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 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 - decree of my banishment. The selfe same argument used also Demosthenes, to proue that Euxithenés was a - citisen of Athens: have not his next of kinne (saith he) recouered the - inheritance of their father that suruiued? And like as in Fraunce, and in - England, particular lords take unto them the inheritance of straungers which - die within their iurisdiction: so the Romans also after the manner of their - auncestors, tooke unto them the heredetarie goods of straungers, whome they had - receiued into their protection, being left at Rome, which they called, The - right of application. And that is it for which they said in Rome, That the - right to make a will and testament was onely granted to a citisen of Rome. - Whereby it is plaine that right of - application, or of Albinage (as some call it) to have beene most auntient, and - common as well to the Greeks and Romans, as to other people also, vntill that - Frederick the second had derogated from the same by - his edict, which was but euill kept: For he gaue leaue to all straungers dying - within the compasse of his empire, by their testament to dispose of their - goods; or if they dyed intestat, to leaue their next of kin their heires. But - the force of that law is euen in Germanie it selfe nothing, and much lesse in - Italie, where straungers are much worse dealt withall than in Fraunce. For by - our customes it is permitted unto the straunger to get in this * realme all the - goodsviz. France. - - mouable and immouable that he can, and them whilest he yet liveth, to - sell, giue, exchaunge, or dispose of by contracts made with men yet liuing, - according to his owne pleasure; and for a - small sum of money, as for some twentie or thirtie crownes paid into the common - treasure, to obtaine letters of naturalisation, and the right of a citisen; so - that he may by his will giue legacies, or appoint such an heire as himselfe - pleaseth. But in many countries of Germanie, and by the generall custome of - Bohemia, it is not suffered straungers to have one foot of land. As in like - case in Italie it is forbidden allStrāgers in many places - hardly del withall. straungers to get any - immouables in proprietie, as in the duchie of Ferrara it is a formall custome. - And that more is, by the custome of Perouze, it is forbidden to transfer unto a - straunger not onely the proprietie, but euen the possession of any immouable. - And by the custome of Milan it is not permitted unto - the straunger, so much as to have the vse and - profit of any thing immouable, and that vpon paine of confiscating the reuenew - with the inheritance; forbidding inheritours also to marrie with straungers, - vpon like paine of confiscating their goods. And that which more vniust is, it - 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 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 - custome of Venice also it is lawfull to bind a citisen to a stranger, yet by - that bond are not the heirs bound, more than - for so much profit as came unto them thereby; quite contrarie unto the Roman - civill law. And by the custome of Brixia in Italie, a woman married unto a - straunger cannot transferre her immouables unto straungers, neither the value - thereof, neither directly, or indirectly. See now the good entertainment that - straungers have in Italie; whereof they have no occasion to complaine of - Fraunce, seeing that in England the subiects cannot pawne their lands unto - their creditors being straungers: whereof the ambassadors of forraine nations - have oftentimes complained to have reason of their debtors: yet suffer they the - next of kinne to enioy the goods and money of the straunger. The contrarie - whereof is done in Lituania, Moscouia, Tartaria, and all the Turkish empire: in - which place the goods of straungers dying there, are confiseat in like - manner as in Fraunce: where neuerthelesse - it is permitted to straungers if they die out of Fraunce, to make a will, and - to appoint his children borne in Fraunce his heires, so that their mother be - not a stranger. And as for the clause commonly ioyned unto the letters of their - naturalisation: Modo haeredes sint Regnicolae, the - judges have so interpreted it of straungers dwelling in Fraunce, who are - preferred before them that are neerer of kinne dwelling out of the realme, in - the succession of the naturalised straunger: for otherwise it is requisit to - make the straungers children to succeed, for that they were borne in France, - and of a free citisen, or naturall subiect. But the children of strangers borne - in Fraunce, enioy their fathers inheritance, not by will (which is not lawfull - for strangers to make) but as from him dying intestat, if their mother be a - free woman when the inheritance descendeth. - And more than this, it is graunted by our kings of an extraordinarie bountie - unto such marchant strangers as frequent the fairs of Champagne and Lyon, That - none of their goods, if they die in the meane time shall be confiscated: which - right the English marchants enioy also in Guienne. But as for them of the low - country of Henault & Artois, of the townes of Amiens, Cambray, & - Turnay, they are in the same state that citisens be, for so much as concerneth - the right of succession: and that the edicts of our princes, and iudgements - giuen, have oft times proued yet so as that the same should also be lawfull for - vs, that was for them. The companies also of marchants of those cities which - stand vpon the Baltique sea, have obtained the same, or greater priueledges, - now euer since the time of Lewes the younger, and more - solemnly confirmed by king Charles the eight: which a few yeares agoe were sent to - king Charles the ninth (by Danezay the French ambassadour, unto the king of Denmarke) to be by - him renewed. And yet this priueledge granted unto those marchants, extendeth - not unto other strange marchants, which have obtained the right of citisens, as - hath bene adiudged by the priuie counsell. Of which so many and so great - priueleges, by our kings graunted unto straungers, our marchants could obtaine - none in all Graecia, Asia, or Africa. For in our time when as Crozile a rich marchant of Tours, diing, had left behind him almost - two hundred thousand crownes, nothing thereof came unto - his neerest kindred, all the same being by the Turkish emperor giuen unto Abraham - - the chiefe of the Visier Bassaes.

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There is yet another difference (besides those we have alreadie spoke of) - betwixt citisens and strangers; for that citisens by the auntient law Paetilia and Iulia, may - forsakeOther differences betwixt a citisen and a - straunger. their goods, leauing them in satisfaction unto their - creditors, which the straunger may not doe: for otherwise it should bee lawfull - for strangers, for their aduantage to sucke the blood and iuice of the - subiects, and afterward to pay them with papers, although there be not fewer of - these bankrups than of them that forsake their goods. This also a citisen - differeth from a straunger, that the straunger in euerie place before he can - plead in action, either reall or personall, must put in caution for the paiment - of that which shall bee adiudged. Which caution our citisens, except they have - before plaid bankrupt, or forsaken their - goods, are not bound to performe. But in a personall action, whether the - defendant be a citisen or a straunger, he is not bound to put in caution to pay - the thing that is adiudged, as was in auntient time determined, as well in the - court of Rome, as in the court of Paris. But the same court hath departed from - the opinion of our auncestors, and adiudged it to be a thing reasonable, that - the straunger whether he be plaintife or defendant, should put in caution to - pay the thing that is adiudged. But there is one difference which is and hath - alwaies bene common to al people, that is to wit, the right of marque against - strangers, which hath no place against the subiects: for which cause the - emperour Frederick the second, sent backe unto the - states of the empire, those which demaunded the right of reprisall against the - subiects of the empire. And in briefe the - straunger might be driuen out of the countrey, not onely in time of warre (for - then we dismisse the ambassadours themselves) but also in time of peace; least - the naturall subiects manners should by the euill companie of straungers be - corrupted: for which onely cause Lycurgus seemeth to - have forbidden the LacedemoniansPlu. in Lycurg. his - subiects without leaue to depart out of his kingdome, or to have the vse of - gold or siluer; as the East Indians of China forbid their subiects vpon paine - of death from receiuing of straungers: so to meet with the enterprises that the - straunger might make against another mans estate. Wherefore Cicero well foresaw not what harmes hang (as it were) ouer our heads - from straungers, when as he writ, They do euil which forbid straungers their - cities, and cast them out, as with our auncestors Penuu, and of late - Papius: For by such straungers, who for the most part - are banished men, the good manners of the naturall subiects are corrupted. But - if warre be proclaimed against the prince, the straunger may be detained as an - enemie, according to the law of armes: whereas otherwise he might not be - staied, if he had not otherwise bound himselfe by contract, or by some offence - by him committed.

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Now if the straunger shall against the will, or without the consent of his owne - prince▪ submit himselfe unto the power of another prince, and be of him also - receiuedA stranger submitting himself unto the power of - another prince, is yet the subiect of his naturall prince. for his - subiect; yet hath his owne prince still for euer power ouer him, and authoritie - to lay hands vpon him as vpon his fugitiue seruant; yea although he come as an - ambassadour sent from his new prince. For so the emperour Theodosius the Great pronounced - - Danus the tyrant to be a rebell unto his maiestie, and - 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 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 - understood that the ambassadors and heralds of Fraunce, England, and 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 - seueritie punish the fugitiue subiect, than they did the verie enemie. And the - best excuse that the Imperials could find to excuse the murther done vpon the - 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 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 - power. But doe the subiect what he can, yet can he not exempt himselfe from the - power of his naturall soueraigne, - - No subiect can exempt himselfe from the poer of his naturall prince. albeit that he - become a soueraigne prince in another mans countrey: no more than Philip Barbarius a slaue, who being for his vertue become - Pretor of Rome, being pursued and chalenged by his maister, was yet glad to - agree with him for his libertie. For in that the lawyers all agree, That the - subiect in what place soeuer he bee become soueraigne, may by his prince be - called home. As not long since Elizabeth queene of - England called home againe unto her the earle of Lineux, together with his son, - who but a little before had maried the queene of Scots; for not obeying of - which her command, she confiscated their goods, for that contrarie to the - custome of that realme, they had without leaue departed out of England, and - maried contrarie to the queenes commaundement. For the subiect wheresoeuer he - be, is bound to the lawes of his prince - conceiued, concerning his person; in such sort, as that if the subiect be - forbidden to contract or to alienat, the alienations are void, albeit that he - make them in a forren country, and of such goods as he hath without the - territorie of his owne prince: and if the husband being out of his owne - countrie, giue any thing unto his wife, contrarie to the commaundement of his - prince, or the customes of his countrey, such a donation is nothing worth: for - that the power to tie and bind a subiect, is not tied unto places. And for this - cause princes have accustomed to vse mutuall requests one towards another, - either to call home their subiects, or to enforce them to obey, in such places - as wherein they have not power to commaund: or els by mutuall denouncing of - their griefes themselves to lay hand vpon straungers, vntill that they doe obey - them. For when the marquesse of Rotelin, who - had the tuition of the duke of Longueuille, was sued unto to suffer the - controversie of Neuchastel to be decided before the - judges of the courtNew Castell. of Requests at Paris: - the lords of Berne reuoked the cause, for that iudgement was to be giuen by - them, of lands contained within the precinct of their country. See here the - principal differences of subiects and citisens, from strangers; leauing the - particular differences of euerie countrey, which are in number infinit. As for - the differences of subiects amongst themselves▪ there are in many places no - fewer, or happely moe than betwixt the subiects and the straungers (whereof we - have much spoken before) as not onely of the difference of the nobilitie among - themselves, but of the difference betwixt the nobilitie and the vulgar people - also. But particularly to prosecute how much the vulgar people differ among themselves, with such other things as - appertaine unto the sex, age or state of euerie man, were a thing almost - infinit.

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Now to make the matter short, it may be that of right among citisens, some be - exempted from all charges, taxes, and imposts, whereunto others are subiect: - whereof wee have infinit examples in our lawes. As also the societie is good - and auailable,The diuision of citisens or subiects into - three estates, a thing observed in all - Commonweale. where some of the associats have part in the profit, and - yet beare no part of the losse. And that is it for which we see the diuision of - citisens or subiects into three estates, that is to say, the Spiritualtie, the - Nobilitie, and Commonaltie, which is observed almost in - 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 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, 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 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 - of; where the the citisens were equall in all rights and prerogatiues; but that - alwaies some of them have had more or lesse than others.

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- - - - CHAP. VII. ¶ Of them that are under protection, and the - difference betwixt Allies, Strangers, and Subiects. - -

- - WE have now alreadie told what difference there is - betwixt Subiects, Citisens, and Straungers: let vs now also speake of Allies, - and first of them which are in protection; for - that there is not one of them which have written of a Commonweale, which have - 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. - 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 reciproall obligation owe unto their - prince, faith, subiection, obeysance, aid, and succour. This is the first and - the strongest protection that is. For the protection of maisters towards their - Slaves, of patrons towards their enfranchised, of lords towards their vassals, - is much lesse than that of princes towards - their Subiects: insomuch that the slaue, the enfranchised, the vassall, oweth - faith, homage, and succour, unto his lord; but yet that is after his owne - soueraigne prince, to whome he is a bound Subiect▪ the souldior also oweth - obeysance and succour unto his captaine▪ and by the law deserueth death, if hee - defend him not at his need. Yet in all treaties and actions of peace betwixt - princes & peopleHow in of peace - prin are said to be on of them in the protection of another. in amitie and friendship ioyned together: the word of - Protection is special, importing not any subiection of him that is in - protection, neither commaund of the protecture towards his adherents, but onely - an honourable and reuerent respect of the adherents towards their protector, - who hath taken vpon him their defence and protection, without any other - impeachment of the maiestie of the adherents ouer whome the Protector - hath no power at all. So that the right of - protection is well deemed to bee the greatest, fairest, and most honourable of - all others that are amongst princes. For theTo protect - others is a thing most honourable. soueraigne prince, the maister, - the lord, the patron, draw unto themselves great profit and obedience, for the - defence of their subiects, their Slaves, their enfranchised, and vassals: but - the Protector is to content himselfe with the honour and acknowledgement of his - adherent, seeing that of all duties of courtesie, none is greater, than as - euerie man standeth in most need of helpe, so to giue him the greatest - relief; neither of so great kindnesse to accept - any other reward than thanks: for if hee couenant for any thing farther, he looseth the name of a Protector. For as he which lendeth - unto anoman part of his goods or trauell, if - he receiue any gaine or profit thereby, he is no more to be called a lender, or - that his doing to be tearmed a lending or pleasuring, but a meere mercinatie - gaining: so he which hath liberally promised to doe any thing for another man, - is without any hire by the law bound to accomplish his promise: and the reason - is, for that unto dutie no hire is due. Neither is there any band of promise - stronger, or more effectuall, than that which is made to defend the goods, the - life, the honor of the weake against the stronger, of the poore against the - rich, of the good distressed against the violence of the wicked. And that is it - for which Romulus, founder of the citie of Rome, setting - in order the state of his subiects, to keepe them all at peace and vnitie among - themselves, assigned unto every one of the hundred gentlemen, or Senators - that he had chosen to be of his priuie - counsell, a certaine number of his other meaner subiects, to be by them - 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 - excommunication, as in these words: If the Patron deceiue his - Client let him be accursed. Yet Plutarch - writeth, The clients to have giuen money to the bestowing of their patrons - daughters: which I remember not to have bene elswhere written; for in so doing - they should have cosened their clients: but it may bee that he mistooke - clients, for men enfranchised; who albeit that they be both called clients or - adherents, yet is the bond of the enfranchised - greater towards their patrons that set them at libertie; than is that of the - free borne clients, who had no patrons but aduocats, who defended the causes of - their clients. How beit with vs the patrons exact money of their enfranchised - clients, the better to bestow their daughters, which is like enough to have - come from the Romans unto vs. Now when that forren people saw the Roman clients - or adherents to be safe from the iniurie and oppression of the more mightie, - not onely every particular man, but men euen generally, yea whole cities and - prouinces yeelded themselves intoHow whole cities sometimes - put themselves into the protection of some one honourable house of the Roman - Senators. the protection of the Senators. For so the house of the Marcelles had in their protection the citie of Syracusa, - the Antonies had likewise the citie of Boulongne la - Grasse: and so others afterwards tooke vpon them the protection and defence of - others also. Yea the straungers in like case, - that frequented the citie of Rome, had also their protectors, who by the law of - application or patronage, tooke unto hem whatsoeuer - the straunger dying in the citie possessed. And of these same Romans that - filled Fraunce with the multitude of their Colonies, it is like this law of - protection, which of the aduocats and not of the clients, they cal the law of - Auoison, or Auouerie to have - taken▪ beginning. But the enfranchised clients differ much from the free borne - clients, albeitGreat difference betwixt the free borne - clients and the clients enfranchised. that they be both called - clients, for the likenesse that is betwixt the one and the other) but - especially in this, that the enfranchised clients may from their libertie be - againe reduced into slauerie, if they shall be proued to have bene vngratefull - unto their patrons whereas the free borne clients cannot so be. The - enfranchised clients are constrained also to - helpe their patrons with their labours: wheras the free borne clients are bound - to reuerence their protectors or aduocats, and to do them mutuall kindnesse, - but not seruile seruice or labour: neither if they have done any thing to - deceiue their patrons do they therefore loose their libertie: beside that the - patrons suruiuing may by the law take part of the goods of their enfranchised - clients: whereas the aduocats, or protectors can take nothing of the goods or - inheritance of their free borne clients or adherents.

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And although there be so many things common to the free borne clients, with the - vassals or adherents, as that they are almost accounted for one, yet is there - great difference betwixt them. For the vassall is bound - with all fidelitie to honour and reuerence - - The difference betwixt the free borne client and the - vassall. This right is of the Latins called Ius-commissi: & of the French Droit de - comise. - - his lord, to helpe him being in daunger, and to do him all the - kindnesse possible: and if so be that he shall deceiue his lord, disgrace him, - perfidiously abiure him, or giue him the lye: hee by and by looseth therefore - his fee, which escheateth unto his lord by the right which the lord hath - against his vassall in such case: whereas from the vndutiful or vnkind client, - or adherent, nothing can at all be taken. Moreouer if the vassall hath without - any exception giuen his faith unto his lord, or acknowledge no man greater than - him; whether he be sworne or not, he is bound unto the subiection & command - of him the same his lord and prince: whereof he cannot be said to be - discharged, albeit that he neuer so much renounce his fee: whereas the client - or adherent standeth not in these tearmes, being in nothing subiect to his - aduocat or protectour. The vassall also - whether he be a king or pope, or whatsoeuer els oweth faith and seruice unto - the lord of whome he holdeth his fee, except he renounce the fee: whereas the - free borne client or adherent, whether he be prince or priuat man, is free from - all seruice and commaund of his more mightie aduocat or protectour. In briefe - the right of aVassalage but new: protection most - auntient. vassall age seemeth in a manner to be but new, and before - the comming of the Lombards into Italie vnknowne: whereas the law of protection - is most auntient and before the time of Romulus, who - borrowed it of the Greeks: for it was long before used in Thessalie, Aegypt, - Asia, and Sclauonia, as we read in auntient writers: that so the weaker might - be the safer from the violence or iniurie of the more mightie. The vassall also - receiueth inheritance and fees of his lord, from whose fealtie and obesance - which he oweth unto him, he cannot bee - 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 - 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 - marke of subiection, which the vassals owe onely unto their soueraigne prince, - not in the qualitie of vassals, but in the qualitie of naturall subiects, who - ought to runne the same fortune with their - prince, and to live and die for him if need bee, albeit that the vassall bee - more specially bound, than the other subiects.

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All which things tend to this purpose, that it may plainely be perceiued, what - andThe difference betwixt patronage, vassallage, and - protection. how much difference there is betwixt the rights of - patronage, vassallage, and protection, which we see to bee of many for the - likenesse among themselves confounded. For the vassall and the adherent owe - their fidelitie unto their lord and protector; and the one of them are - reciprocally bound unto the other, albeit that the lord be not bound by - expresse word to giue his oath of fidelitie to his vassall, as the protector - ought to his client or adherent, and so solemnly to keepe all the treaties of - protection. The lord and the vassell also ought to deliver solemne letters of - their mutuall obliging of themselves the one - to the other: like as the protectour and the adherent, are bound to giue - letters of protection the one of them to the other: but especially if one - soueraigne prince vpon a league made, receiue another soueraigne prince into - his protection, which are to be renewed either of the princes dying. For the - right of protection belongeth not unto the heires, except the same be in the - league so comprlsed: and bee it neuer so prouided for, yet neuerthelesse either - of the princes being dead, it is needful for his successor by lawfull acts to - professe his protection, & to have the league renewed. But to make more - manifest the matter of protection betwixt soueraigne princes, whereof we are to entreat: it seemeth that the soueraigne prince - or people, which hath put it selfe into the - protection of another, is become his subiect. And if he be a subiect, then is - he no more a soueraigne, and his subiects shall also be the subiects of the - protector. And what subiection would a man have greater, than to put himselfe - into the protection of another man, and to acknowledge him for his superiour? - For protectionWhat protection beixt gre princes is. betwixt great - princes, is nothing else but the confederation and alliance of two princes, or - soueraigne lords, wherein the one acknowledgeth the other for superiour; whome - he bindeth himselfe to obserue and reuerence, and into whose protection hee is - receiued, so to be the safer from the iniurie of some other more mightie: also - when the subiect of a prince retireth himselfe into the territorie of another - prince, hee is likewise in his protection; in such sort, as that if he be - pursued after by the enemie, & taken - prisoner in the territorie of another soueraigne prince, hee is not prisonet of - him that pursueth him, but of him into whose territorie he hath fled: as was - iudged by the law of armes at the interparle of peace, which was betwixt the - French king & the emperor Charls the fist, in the - yere 1555, when question was made of the imperial prisoners that the French had - taken in the countie of Guynes, which was then in the subiection of the - English; it was maintained by the Chancellor of England, That they could not be - 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 - 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 - Protection, is not taken in proper signification; for there is no protection, - if there be no conuention: and the strange prince cannot take another princes - subiect into his protection without the consent of his owne prince, as wee - shall hereafter declare.

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But yet before let vs determine the propounded question, Whether a - soueraigneWhether a soueraigne prince submitting himselfe - unto the protection of ano ther prince, looseth thereby his own soueraignty, - and so becommeth the other princes subiect. prince submitting himself - unto another soueraigne prince, looseth the right of his own soueraigntie; and - whether he become subiect to the other? For it seemeth that he is no soueraigne, acknowledging a greater than himselfe. - Neuerthelesse I am of opinion that he continueth still a soueraigne, and not a - subiect. And this point is decided by a law, whereof there is not the like, and - hath in diuers readings bene altered: but we follow the originall of the - Pandects of Florence, which hold, That soueraigne princes who in treatie of - alliance acknowledge the protectour to bee greater than themselves, are not yet - for al that their subiects. I doubt not (saith the law) but that allies, and - other people vsing their libertie are not straungers unto vs, &c. And - albeit that in the treatie of confederats and allies, by vnequall alliance, it - be expresly said, That one of them shall respectiuely regard the maiestie of - the other; that maketh not that hee should bee therefore his subiect, no more - than our adherents and clients are lesse free than our selues, although they be not equall with vs, neither in - goods, power, nor honour. And the ordinarie clause inserted into the treaties - of vnequall alliance in these words, Comiter maiestatem - conseruare (that is to say, curteously to preserue the maiestie of the - greater) importeth no other thing, but that betwixt the princes allied, the one - is greater and more honourable than the other; and that the lesser allies - 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 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, - or truce, or to compose warres begun for seignories or for persons, or to - redresse the iniuries and displeasures of one of them against the other, or for - traffick and hospitalitie that might bee betwixt enemies during the time of - truce. As for the others which are not enemies, the treaties which are made - with them, are either by alliance equall, or vnequall: in this the one - acknowledgethAlliance equall▪ or vnequall▪ Vnequall of - two sorts. the other to be superiour in the treatie of alliance; - which is in two sorts, that is to wit, when the one acknowledgeth the other to - be his superiour for honour, and yet is not in his protection: or els the one - receiueth the other into protection, and both the one and the other is bound to - 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 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 - entreated of amitie, traffique, and hospitalitie, to harbour the one with the - other, and to traffique together with all kind of marchandise, or some certaine - kindes onely, and at the charge of certaine imposts agreed vpon by the - treaties. And both the one and the other alliance is of two sorts, that is to - wit, defensiue onely, or defensiueAlliance defensiue only, - or both defensiue and offensiue. and offensiue; and yet may be both - the one & the other, without exception of person, or with the exception of - certaine princes: and the most strait alliance is that which is both defensiue and offensiue, towards all, and against - all; as to be a friend to friends, and an enemie to enemies; and so most - commonly order is taken, and treaties of mariages one of them had with the - other. But yet the alliance is more strong, when as one king is allied with - another king, realme with realme, and one man with another man; as were in - auntient times the kings of Fraunce and Spaine, and the kings of Scotland and - Fraunce. And that was it for which the ambassadours of Fraunce aunswered Edward the fourth, being driuen out of the realme of - England, That the king could not giue him aid, for that the alliances of - Fraunce and England were made with the kings, and the realmes, in such sort - that king Edward chased out of his realme, the league - continued with the realme and the king that therein raigned: the effect of - which words was this, with - such a king, his countries, territories, and seignories: which words - are as it were in all treaties expressed. But these treaties ought also to bee - published in soueraigne courts or parliaments, and ratified by the estates, by - the consent of the Atturney generall, as was decreed in the treatie made - betwixt king Lewes the eleuenth, and Maximilian the arch duke, in the yeare 1482. The third sort of - alliance is that of neutralitie, which is neither defensiue nor offensiue, - which may be betwixt the subiects of twoAlliance of - neutralitie. princes being enemies; as those of the Franche-countie - have alliance of neutralitie with the house of Fraunce, and are assured in time - of warre: in which alliance was also comprised the countrie of Bassigny, by the - decree of Bade in the yeare 1555, in confirming with the king the renouation of - the neutralitie for the Franch-countie. And all these aforesaid alliances are perpetuall, or limited to a certaine time, or - for the life of princes, and some yeares more, as is alwaies in treaties of - alliance agreed vpon betwixt the kings of Fraunce, and the lords of the - leagues.

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And thus much for the generall diuision of all the treaties which are made - 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 - foederum, vnum cum bello victis dicer entur leges: alterum cum pares bello - aequo foedere in pacem & amicitiam venirent: - - - - tertium cum qui hostes nunquam fuerunt in amicitiam foedere - count, qui neque dicunt - - - - neque accipiun leges. There - are (saith he) three kinds of leagues or confederations; one, when as lawes and - conditions are appointed to them that be in battell ouercome: another when men - in warre equall come together in like league into peace & friendship: the - third, when as they which neuer were enemies, by league ioyne in amitie, who - neither giue nor take lawes. All the others, which are neither subiects nor - allies, are either coallies, or enemies, or newters without alliance or - hostilitie, who all generally, if they be not subiects (bee they allies, - coallies, enemies, or newters) are straungers. The coallies are the allies of - our allies, which are not for all that our allies, noCoallies they be. Coallies alwaies comprised in the - league of their allies. more than the companion of our associat is - ou companion; who yet neuerthelesse either in - generall or speciall tearmes, are alwaies in all leagues comprised. As the - lords of the three confederats of the Grises, - the antient allies of the Swissers, were in expresse tearmes comprised in the - treatie of alliance made in the yere 1531, betwixt king Frances the first of that name, and the Swissers, in qualitie of - coallies. But in the yeare 1550 they were allies unto the house of France, and - comprised in the treatie of alliance renewed betwixt king Henrie and the Swissers, in qualitie of allies by alliance equall, in - like degree and pension with the Swissers, that is to wit 3000 pound, for - euerie league or confederacie, to take away the partialitie that was betwixt - the one and the others. For although the Swissers were allied with the league - of the Grises, by alliance equall by the treatie made betwixt the Grisons and - the seuen little Cantons, in the yeare 1498: so it was yet neuerthelesse that - they constrained the lords of the leagues of the Grises to obey the decrees made in their diets, if it should be there - 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 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 - Commentaries and letters of the French ambassadours, which then was sent unto - the Grisons. Wee have also example of them of Geneua, who were comprised in the - treaties of alliance made betwixt the house of Fraunce and the Bernois, in - whose protection they then were; and so were - since the yeare 1527, unto the yere 1558, that they exempted themselves out of - protection, and entreated in alliance equall, and have alwaies in alliance bene - comprised in the qualitie of coallies.

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But as those alliances which are defensiue and offensiue towards and against - all personsN alliance vnsure or weake, than the simple alliance of commerce - and raffick. without exception, are of all - others the straitest and strongest: so also there is no alliance more vnsure or - weaker, than the simple alliance of commerce and traffique which may be euen - betwixt enemies: which although it may seeme to bee grounded vpon the law of - nations, yet we see it oftentimes to bee forbidden by princes in their own - countries, least their subiects should riotously abuse the store of things - broght in, or be pinched with the want of things carried our. And for this - cause princes have in this respect used - particular treaties, & granted certaine special priueleges & liberties: - as in the treaty of commerce or traffick betwixt the house of France & the - porttowns of the Easterlings, & the Milanois with the Swissers; wherein - they are by the treaties of commerce bound to deliver a certain quantitie of - graine, at a certain price expressed in the said treaties, which the French - ambassadors would oftentimes have broken, for the doubt that the Swissers made - to enter vpon the Milanois, enemies unto the French, for feare the - transportation of corne shuld have bene forbidden: which when the gouernor of - Millan had done, in the yeare 1550, the Swissers were vpon the point to have - made alliance defensiue with the Millanois, or at - leastwise to have had them excepted amongst - the confederats as newters. The force of which league was, that such as were in - the same league excepted, could not become prisoners to any the confederats; - when as yet for all that straungers, although they were no enemies, were by the - law prisoners to them that tooke them: For so Pomponius - writeth unto Quintus Mutius: For (saith he) if we have - neither friendship nor hospitalitie, nor league of amitie with any nation, - these truely are not enemies: yet what thing soeuer of ours falleth into their - hands becommeth theirs; insomuch that a free man borne of ours, by them taken, - 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 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 - whome we ought to have no societie or communitie. In auntient time also there - was a treatie of alliance to have iustice done them in a straunge citie, as we - read in the books of the Grecians; but at length by the great consent and - agreement of all nations, the port of iustice hath by little and little bene - still opened, as well to strangers as to citisens.

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But in euerie alliance, league, confederation, or conuention whatsoeuer, it - behouethIn all alliance the - soueraigneti i still - unto all Princes, & people to bee reserued safe and untouched. - that the lawes of maiestie be unto euerie prince or people reserued safe and - untouched: for otherwise the one should fall into the power and mercie of the - other; as the weaker oftentimes are by the - power & might of the stronger enforced to receiue lawes; which is not so in - the treaties of alliance equall: wherein euen little cities are in the - indifferent lawes of leagues equall unto most mightie kings and people, being - not bound either to obserue the maiestie of their more mightie confederats, or - to giue them place. As a man may see in that treatie of alliance made betwixt - the kings of Persia, & the seignori of Thebes: - For albeit that the Persian empire was bounded almost with the same bounds that - the course of the sunne was, viz▪ from the riuage of - Hellesponrus unto the remotest parts of India; and that the citie of Thebes was - 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 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, - in alliance equall, is maister in his owne house, and holdeth the first place - aboue all other princes comming into his countrie: but if the protector - himselfe come, he is the first both in sitting and all other honours.

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But here might one say, Why should allies in league defensiue & offensiue - against all without exception, vsing the same customes, the same lawes, the - same state, the same diets, be reputed straungers one to another? Wee have - hereof example of the Swissers, who are allied amongst themselves, with such - alliance as I have said, since the yeare 1315; - yet say I neuerthelesse that such alliance letteth not, but that they are still - straungers one unto the other, and maketh not that they are one citisens to - theAlliance maketh not but that men may still bee one of - them strangers unto another, & not of the same Ciie or Commonweale. other. We have also hereof - example of the Latines, and the Romans, who were allies in league defensiue and - offensiue, used the same customes, the same armes, the same language, and had - the same friends and enemies: Whereupon the Latines maintained, that it was and - ought to be one and the selfe same Commonweale; and therfore by their - ambassadours demaunded to have their part in the estate & offices of Rome, - as had the Romans themselves. S - societs (said they) equatio iuris est, si socialis exercitus - - - - illis est quo duplicent vires suas; cur non omnia aequantur? - cur non alter ab Latinis - - - - Consuldatur? Vbi pars virium, ibi & imperij pars - est. And immediatly after, Vnum populum, vnam - rempublicam fieri aequum est. Tum Consul Romanus. Audi Iupiter haec scelera: - peregrinos Consules, & peregrinum Senatum in tuo templo, &c. If - societie (said they) be an equalitie of right, if they have their allies armie, - whereby they double their strength: why then are not all things made equall? - why is not one of the Consuls chosen of the Latines? where part of the strength - is, there should also part of the gouernment be. And immediatly after, It is - but right that there should bee but one people and one Commonweale. Then said - the Roman Consull, Heare ô Iupiter these villanies, - straunge Consuls, and a straunge Senat in thy temple, &c. So hee calleth - them straungers which were allied unto the Romans with the strongest alliance - that was possible to deuise, insomuch that - they seemed to be all of one and the selfe same citie. Yea Festus teacheth vs the Municipes (or enfranchised men) not to have - bene citisens: whose words we have thought good here to set downe: Municipum id genus hominum dicitur, - qui cum Romam venissent, neque ciues Romani essent, participes tamen fuerunt - omnium rerum ad munus fungendum vnà cum Romanis ciuibus, praeterquam de - suffragio ferendo aut magistratu capiendo: sicut fuerunt Fundani, Formiani, - Cumani, Acerrani, Lanuuini, Tusculani, qui post aliquot annos ciues Romani - effecti sunt. Alo modo id genus hominum dicitur, - quorum ciuitas vniuersain ciuitatem Romanam venit, vt Aricini, Cerites, - Anagnini. Tertio definiuntur ij qui ad ciuitatem Romanam it a venerunt, vt - Municipia essent suae cuiusque ciuitatis coloniae, vt Tiburtes, Praenestini, - Pisani, Arpinates, - - - - Nolani, Bononienses, Placentini, Sutrini, Lucenses. That - kind of men (saith hee) is called Municipials, who comming to Rome and being no - citisens, were yet partakers of all things together with the Roman citisens, - except in giuing of voyces, and bearing of offices; as were the Fundani, the Formiani, the Cumani, the Acerrani, the Lanuuini, and the Tusculani, who - after certaine yeares were made citisens of Rome. And otherwise that sort of - men is so called also, whose whole citie came into the citie of Rome; as the - Aricini, the Cerites, and the - Anagnini. And thirdly they who so came unto the citie - of Rome, as that the Colonies of euerie citie were accounted Municipials; as - were the Tiburts, the Praenestini, the Pisani, the Arpinates, the Nolani, the Bononienses, the Placentini, Sutrini, and Lucenses. - - - -

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Now many I see to be in the same errour, as that the Swissers for like reason - are allThat the Can 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 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 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, - That none of them should more admit the commaund of any prince, or endure any - 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 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, 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 - treatie was made betwixt them and the Bernoies - for league defensiue. Bienne also entred into league offensiue and defensiue - with the Bernoies, in the yere 1352, after that they had exempted themselves - out of the power of the bishop of Basill their soueraigne prince. All which - 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 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 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 under the - protection of the Bernois, were they of Geneua.Geneua the - las that entred into league with the Swissers, - 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 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 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 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 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 - iustice▪ that so unto every Canton of the Swissers might be reserued their - right and due. The towne also of Bade, where they commonly hold their yearely - 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 - 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 - Fraunce seemeth almost wholy to depend. - -

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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 - 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, 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 - following the same obligation would afterwards have - proceeded against them of the religion there, - against whome the cantons protestants opposed themselves, and were now readie - to have entred into armes, had not the ambassadour of Fraunce stept in betwixt - them, and wisely pacified the matter: yet for all that with this prouiso, That - the common subiects of the religion should be punished (for chaunging their - religion, contrary unto the league) if the greater part of the cantons should - be of that opinion, and that the cantons catholike should neuerthelesse - redeliver the letters obligatorie of the common subiects. By which meane their - differences were againe well appeased. Wherunto the cantons of Glaris and - Apenzel serued in good stead; who indifferently receiued both the one and the - other religion, and made as it were an equall counterpoise betwixt the one of - them and the other. So that it appeareth that the greater part of the - cantons bindeth the lesse, and euerie one - of them in particular. Yea and that more is, none of the cantons may have - 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 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 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 - - - Frauncis the first, the French king, and the Swissers, - nothing more letted the same, than the opposition of the cantons protestants; - who before instructed in the new religion, and persuaded by the earnest sermons - of Zuinglius their preacher, who affirmed it to be - vnlawfull for them to serue straunge princes in their warres, preuailed so - much, that his followers and countrie men would no other wise make alliance - with the king, but by the way of peace and friendship onely. But the leagues - renewed with Henry the second, they of Basil and - Schaffuse, with the catholike cities, ioyned themselves unto the French, not in - 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 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 - the French king: which are all vndoubted arguments to shew, that among the - Swissers there are as many Commonweals as there are cities or cantons. In like - case the three confederat cities of the Grisons, which consist of fiftie - companies or fellowships, have their gouernments diuers one from another; and - yet as oft as they have their assemblies, the greatest citie of the Grisons - vseth to send thereunto eight and twentie deputies, the second twentie foure, - and the last fourteene: with power, that whatsoeuer the greatest part of these - their deputies shall agree vpon, in matters concerning their common societie, shall bind every one of them in particular: - and sometimes also in matters of greater importance all the people assemble - themselves. Wherefore they are deceiued, which of those three cities would make - one Commonweale. For common assemblies and meetings, common demaines, common - enemies and friends, make not the same Commonweale; no not although they have - the same bourse, or certaine common treasure: but the soueraigntie of power - that euerie one hath to commaund or restraine their subiects: as in like case, - if many heads of families should become partners of all their goods, yet should - they not therefore make one and the selfe same familie. - 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, 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 - 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, - and differences, betwixt the princes and seignories, were determined by their - deputies, whom they called Myrios: by whom the - Lacedemonians were condemned to the seignorie of Thebes, in the summe of thirtie thousand crownes: and for not - obaying the decree, were condemned in double thereof: for that contrarie to the - treatie of peace, they had surprised the castle of Cadmee. The Phocences also - afterwards when they had robbed the holy treasure at Delphos, were by the - decree of the Amphictioniques, enioyned to restore the money by them so euill - taken out of the temple: for default of which doing, all their country was - adiudged unto the treasurie of the temple: so that if there were any person - which shewed himselfe disobedient unto the decrees of the Amphictioniques, he - therefore incurred the indignation of all Greece.

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Here might one say, That all Greece was but one Commonweale, considering the - power of the Amphictioniques: and yet neuerthelesse there were almost as many - diuers Commonweales, as cities, holding - nothing one of them of another, neither of the states of the Amphictioniques; - but that they had so promised one to another, as princes have accustomed to - 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 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 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 - chosen their generall, caused all the states of Gaule to be assembled. And - albeit that the lords of Autun, of Chartres, of Gergoye in Auuergne, and of - Beauuois, held nothing one of them of another; and that the seignorie of - Bourges was in the protection of Autun; and those of Viarron in the protection - of Bruges, and so consequently the other townes in like sort: yet so it was, - that all the princes and seignories passed their differences by the decrees and - 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 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.

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But it may also happen, that to become but one estate, one Commonweale, & - 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, divided in estate, assemblies, and soueraigntie; allies - - - The league of e Achaeans. - 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 - became so straitly vnited together, that in fine they became but one - Commonwealth composed of many: and in tract of time drew unto their estate all - the townes and cities of Achaia and Morea, they all retaining still the first - name of the Achaeans. As it happened unto them of the league, whomeWhereof the Swissers tooke their name. they call - Swissers; for that the canton of Schwits, the least of all the rest, was the - first that reuolted, after that they had slaine their gouernor. And as the - Achaians were called the correctors of tirants; so also the Swissers (to their - great praise) carried this title of honour. - The townes also of the kingdome of Naples, after the massacre of the - Pithagorians, being much troubled, and not knowing unto whome to have recourse, - cast themselves into the protection of the Achaians. But the author and meane - of all these cities, to make one and the same Commonweale, was Aratus, who procured it to be decreed by the estates, - That euerie yere one chiefe generall should bee chosen to commaund in their - warres, and to gouerne their estates: and hee was prince of the Achaians, that - is to say, the first that called together their assemblies. And whereas before - euerie citie sent their ambassadours and deputies with instructions unto the - assemblie of the Achaians (as the Swissers vse to doe) there to giue their - voyces deliberatiue: Aratus brought to passe, that the - 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 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 - feare, being drawne thereunto. Now all the spoyle of the enemies, and conquests - made by the generals, were not any one cities, but belonged to them all. So - that at length such was the vnion and consent of the confederats, that all the - townes of Achaia and Morea being made subiect, vnited, and incorporat unto the - state of the Achaians, used the same lawes, the same right, the same customes, the same religion, the same tongue, the - same language, the same discipline, the same manners, the same money, the same - weights and measures, as saith Polybius. The kings of - Macedon entred also into this league; yea the two Philips, - Antigonus, and Demetrius, were chosen chiefe - captaines of the Achaians, holding neuerthelesse their realme seperated apart - from the seignorie of the Achaians. And the Romans knowing well that they could - 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 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 - Achaians: to meet wherewith, and to stay the other cities from doing the like, - Aratus obtained commission from the states to enforme - against these rebels: after which the cities before reuolted, put themselves - into the protection of the Romans; yet with prouiso, that their estate and - soueraigntie should remaine unto them still. But when the power of the Romans - 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 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 - might still be matter of perpetuall discord and civill warre betwixt the - Lacedemonians and the Achaeans. For if the Lacedemonians had bene altogether in - power of the Achaeans, they had with their wealth greatly augmented the - strength of the associats: and on the other side if the Romans should have left - 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 used also against the Aetolians, which was another estate and league - divided from theThe league of the Aetolians. - Achaeans, composed of three cities, who had also their estate, assemblies, - & 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 - common Senat, wherein was president one chiefe captaine every yeare chosen. - TheThe league of the Lycians. like we may say of - the three and twentie cities of Lycia, which established one Aristocraticall - Commonweale, like unto that of the Achaeans; sauing that the deputies of the - greater cities had in their generall assemblies three deliberatiue voices, the - meaner citisens two, and the rest but one; as saith Strabo: and moreouer out of the estates they chose a captaine - generall, whome they called the Lyciarque, and so the other magistats and - judges of all the cities also. Other alliances also and leagues there were of - the thirteene - - - - The league of the 13. Cities of - Ionia. The 12. Cities of Tuscanie: and the - 47. Cities of the Latines. - - cities of Ionia, of the twelue cities of Tuscanie, and of the fortie - seuen cities of the Latines, strongly made by alliance equall, both defensiue - and offensiue, holding their assemblies of their states euerie yeare, and - chusing also sometimes (but not euer) a chiefe captaine or generall, especially - in time of warre: and yet neuerthelesse the soueraigntie of euerie citie - continued in the estate of it selfe, as doth the Swissers. For albeit that the - citie of Rome was entred into league with the Latines, and that Seruius Tullius, and Tarquin the - proud king of Rome, had bene chosen chiefe captaines of the league of the - Latines; yet so it is neuerthelesse, that euerie citie kept still the - assemblies and soueraigntie thereof: and yet the kings of Rome lost nothing - thereby of their maiestie. Now it seemeth at the first show, that such leagues - of cities were like unto those of the - Achaeans: but the like thereof there is not one, except those of the Aetolians: - and at this present the estate of the empire of the Germans, which we will in - due place show to bee no monarchie, but a pure Aristocratie, composed of the - princes of the empire, of the seuen electors, and the imperiall cities. Yet - this is a thing common to all confederat cities, that in time of warre they - have used to make one generall captaine, every yeare to be chosen, or els once - for all. For as the seignorie of the Achaeans chose for their captaines the - kings of Macedon, Antigonus, and Philip the second; and the league of the Aetolians made choice of Attalus king of Asia, as saith Lib. 27. - - Liuie; and likewise the Latines, of the kings of Rome, - and other their neighbour princes▪ so also the electors have oftentimes chosen - straunge princes, as Henrie of Lutzemburg, Alphonsus - - the tenth, and Charles - the fift, kings of Castile; who although they were soueraignes in their owne - realmes, were yet neuerthelesse subiects to the empires, as captainesA General chosen by many Cities or States in League together, - maketh not them that have so chosen him euer a what the more one - Commonweale. in chiefe. For as a captaine in chief, being not - soueraigne to them that have chosen him, maketh not them of the league to be - one Commonweale: so also he chaungeth in nothing the estate and vnion of the - Commonweale whereunto hee is called. So Philip Valois - the French king, was chosen generall of the ecclesiasticall forces, as we see - in that league which was made betwixt Philip Valois, - & Henry count Palatine, who was afterwards of the - Germans chosen emperour. And not long since Adolphus - vncle to the king of Denmarke, was chosen chiefe - captaine of the league of the Hauns cities. The - Venetians also as oft as they are to make warre, have used to make choyce of - any straunge generall, rather than of a citisen of their owne. But the German - emperours take vpon them a stile of much higher qualitie than of Captains in - chief, or Generall; auoching themselves not onely to bee cheife captaines and - magistrats, but euen monarchs also: which whether it be so or no, we will in - due place declare. They pretend also to have power to commaund not onely the - princes of the empire, but euen them also who hold of them nothing. For it is - not long since that the emperour Ferdinand sent his - ambassadours unto the Swissers, to the end they should not receiue Grombach, nor the conspiratours his adherents, banished - 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 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 - prohibition made alliance with the French king; from whome he receiued twelue - hundred pounds pention yearly. True it is, that in all the leagues of the - Swissers with forren princes, the empire is alwayes excepted, if there be not - thereof expresseThe Swissers in all their leagues with - forren Princes till exceps the Empire - mention made. And for that cause Guiche the kings - ambassadour to the Swissers had thereof expresse charge (as I have seene by the - instructions that were giuen him) to make - mention of the emperour in the treatie of alliance, of the yere 1521. For the - Germans grounded themselves vpon a maxime, in vertie whereof the emperour Sigismund caused the Swissers to take vp armes against - Frederick of Austria, to the preiudice of the - alliance made with the house of Austria: presupposing that the empire was - superiour unto the Swissers, and that in all treaties of alliance, the right of - the superiour is still to be excepted, although there be thereof no expresse - mention made. Which is certaine, for as much as concerneth the lawes of - 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 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 - yeares aftet, the cantons of Zurich, Berne, Lucerne, Vri, and Glaris, in the - name of all the cantons of the Swissers, sent their ambassadours to obtaine the - confirmation of their auntient priueledges, of Ferdinand, then holding a diet of the states of the empire, at - Ausburg. And by the treaties of alliance made betwixt the sacred empire and the - cities of the cantons, it is expresly articulated, That they should not giue - any aid unto any straunge prince, to make warre vpon the territorie of the - empire; as I have learned by a copie of the letters of the emperour - - Charles the fift, written to the lords of the cantons; - whereby hee complaineth, That their subiects ioyned with the forces of the - French king, had entred vpon the territories of the empire, contrarie to the - expresse tenour of the alliance that they had with the empire. And not long - after, he by other letters demandeth of the lords of the cantons to punish - their subiects, who had inuaded the territories belonging to the house of Austria, contrarie to the hereditarie alliance made - betwixt the princes of the house of Austria and the - Swissers, in the yeare of Grace 1467, and renewed in the yere 1501, in which - league, the See of Rome, the Pope, and the empire, are excepted: and a yerely - pention set downe, of two hundred florins to be - yeately paid unto every canton. Which alliance - was againe renewed by the xiij cantons, at the diet of Bade holden the xx day - of Iuly 1554. As for the league betwixt the said lords of the cantons, and the - French king, it was onely a league defensiue, for the preseruation of the - states of the allies, and not for the inuading of forreners: which are the true - reasons for which the Swissers are withholden to inuade the territories of the - empire, and of the house of Austria; and not for the - right of any preheminence, or superioritie that the empire hath ouer them. - Which is also yet more expresly verified by the treatie of alliance, renewed - betwixt the French king and the lords of the cantons, in Iune 1549, out of - which are excluded all such as are not subiect to the Swissers, nor vse not the - German tongue. And that is it for which Charles the - fift, the emperour, laboured by all meanes to make agreement with the Swissers, that the dukedome of Millan, - with the kingdoms of Naples and Sicilie, might be comprised in the hereditarie - treaties of alliance, made with them for the house Austria: which the Swissers latly refused to - grant in the yere 1555. The same we may iudge of the cities of the Grisons, - rent from the German empire, who sufficiently declared themselves to bee in - nothing bound unto the edicts of the empire, or of the emperor; in that they - would not accept euen of a German prince by the emperor appointed to be their - bishop: but the 3 cities of the Grisons, being at variance among themselves, - about the choice of their bishop▪ the Swissers by the authority of the league, - taking vpon them to be arbitrators of all controversies arising betwixt the - confederat cities, without any regard had to the prouision of the pope, or - confirmation of the emperour appointed him to - be bishop which was chosen by the Chapiter, subiect to the Grisons; and - decreed, that from that time forward hee should be bishop whome the league of - the Cadde should make choyce of.

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Now seeing that our reasoning is of leagues, and of lawes of armes, question - mightNot lawfull for subiects to entreat of any - particular league or alliance among themselves, or with forren princes, - without the leaue or consent of their own soueraignes. be made, - Whether it be lawfull for subiects to entreat of any particular league or - alliance among themselves, or with other forren princes, without the leaue or - consent of their owne soueraignes? Such alliances, and especially with - strangers princes have used to embarre, for the euill consequences that might - ensue thereon: and namely the king Catholike by expresse edicts hath forbidden - all his subiects so to do. And at such time as Lewes of - Fraunce, duke of Orleance (he which was slaine at Paris) was charge with - many matters, nothing was more grieuously - obiected against him beeing slaine, than that he had secretly entred into - league with Henrie duke of Lancaster. Yet for all that - the princes of the empire thinke it lawfull for them so to doe: and for their - owne safetie to enter into league of alliance, both among themselves, and with - 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 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 - acknowledged king Henry for their superiour, promising - curteously to reuerence his maiestie; and so by their common consent made him - generall of their warres, calling him The Protectour of Princes, and of the - libertie of the empire. And in the yeare 1559 the like alliance both defensiue - and offensiue was made betwixt the king of Sweden, the marques Assemberg, the - duke of Brunsuich, the duke of Cleue, the prince of Orange, the countie - Aiguemont, and diuers other imperiall townes on the one part, and the king of - Denmarke, the duke of Saxonie, the Landgraue of Hesse, the duke of Holste, the - duke of Bauyere, the towne of Nuremberg, the bishops of - Wirciburg, and Bamberg the towne of Lubec, and diuers other, with Sigismund - - - - Augustus king of Polonia, on the other part. Yea the - emperour Charles the fift himselfe made particular - alliance with the duke of Bauaria, and other the catholike princes, to chuse - his brother Ferdinand king of Romans. And a little after - also the league of Franconia was made betwixt the house of Austria, the duke of Bauaria, the three bishops of Franconia, the - archbishop of Salisburg, and the cities of Nuremberg and Ausberg. And Ferdinand also king of the Romans, for the catholike - religion sake made a particular league with the bishop of Salisburg against the - protestants, in the yeare 1556. Wee have seene also the league which was called - The league of Sueuia, to have made alliance offensiue and defensiue for 40 - yeares, without excepting any thing sae the empire. - And the like league also betwixt the Sea townes, which they cal the Vandales, that is to wit, Lubech, Hambourg, - Vimare, Rostoc, Bresme, Suid, imperiall townes, chusing for their chiefe - captaine Adolph vncle to the king of Denmarke, who was - not any way subiect to the empire. Yet in all these leagues was euer excepted - the maiestie of the German empire. Yea that more is, the nobilitie of Denmarke - entred into a league defensiue with Sigismund Augustus - king of Polonia, & the towneA foule and rebellious - league of subiects against their prince. of Luec, against the king of - Denmarke himselfe: greater treason than which none could have bene deuised, if - the king of Denmarke had the highest power ouer his people, and were an - absolute soueraigne: of which matter, and of all the law of armes wee will in - due place reason: but first it behoueth vs to speake of maiestie, or - Soueraigntie. - -

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- - - - CHAP. VIII. ¶ Of Soueraigntie. - -

- - MAiestie or Soueraigntie is the most high, - absolute, and perpetuallThe definition of Maiesty or - Soueraigntie. power ouer the citisens and subiects in a Commonweale: - which the Latines cal Maiestatem, the Greeks , & , and ; the Italians Segnoria, and the Hebrewes , that is to say, The greatest power to - commaund. For maiestie (as Festus saith) is so called of - mightinesse. For so here it behoueth first - to define what maiestie or Soueraigntie is, which neither lawyer nor politicall - philosopher hath yet defined: although it be the principall and most necessarie - 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 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 - may be giuen to one or many, for a short or certaine time, which expired, they - are no more than subiects themselves: so that whilest they are in their puissant authoritie, they cannot call themselves - Soueraigne princes, seeing that they are but men put in trust, and keepers of - this soueraigne power, vntill it shall please the people or the prince that - gaue it them to recall it; who alwaies remained seased thereof. For as they - which lend or pawne unto another man their goods, remaine still the lords and - owners thereof: so it is also with them, who giue unto others power and - authoritie to iudge and commaund, be it for a certaine time limitted, or so - great and long time as shall please them; they themselves neuerthelesse - continuing still seased of the power and iurisdiction, which the other exercise - but by way of loane or borrowing. And that is it for - which the law saith, That the gouernour of a countrey, or lieutenant of a prince, his time once expired, giueth vp his - power, as but one put in trust, and therein defended by the power of another. - And in that respect there is no difference betwixt the great officer and the - lesser: for otherwise if the high and absolute power graunted by a prince to - his lieutenant, should of right be called Soueraigntie, he might vse the same - against his prince, to whome nothing was left but the bare name of a prince, - standing but for a cipher: so should the subiect commaund his Soueraigne, the - seruant his maister, than which nothing could be more absurd: considering that - in all power graunted unto magistrats, or priuat men, the person of the prince - is alwaies to be excepted; who neuer giueth so much power unto another, but - that hee alwayes keepeth more unto himselfe; neither is euer to be thought so - depriued of his soueraigne power, but that he - may take unto himself the examination and deciding of such things as he hath - committed unto his magistrats or officers, whether it be by the way of - preuention, concurrence, or euocation: from whome he may also take the power - giuen them by vertue of their commission or institution, or suffer them to hold - it so long as shall please him. These grounds thus laid, as the foundations of - Soueraigntie, wee conclude, that neither the Roman Dictator, nor the Harmoste - of Lacedemonia, nor the Esmynaet of Salonick, nor he whom they cal the Archus - of Malta, nor the antient Baily of Florence, (when it was gouerned by a popular - state) neither the Regents or Viceroyes of kingdoms, nor any other officers or - magistrats whatsoeuer, unto whom the highest, but yet not the perpetual power, - is by the princes or peoples grant committed, - can be accounted to have the same in Soueraignty. And albeit that the antient - Dictators had all power giuen them in best sort that might be (which the - antient Latines called Optima Lege) so that from them it - was not lawfull to appeale▪ and vpon whose creation all offices were suspended; - vntill such time as that the Tribunes were ordayned as keepers of the peoples - libertie, who continued in their charge notwithstanding the creation of the - Dictator, who had free power to oppose themselves against him; so that if - appeale were made from the Dictatour, the Tribunes might assemble the people, - appointing the parties to bring forth the causes of their appeale, & the - Dictator to stay his iudgement; as when Papirius Cursor - the Dictator, condemned Fabius Max the first, to death; - and Fabius Max the second had in like manner condemned - Mnutius, - - both Colonels of the horsemen, for that they - had fought with the enemie contrarie to the commaund of the Dictator; they were - yet both by appeale and iudgement of the people acquited. For so saith Liuie, Then the father of Fabius said, - I call - - * Liui. lib 7. - - vpon the Tribunes, and appeale unto the people, which can do - more than thy Dictatorship▪ - - The dictator of Rome, neither soueraigne prince nor - magistrat. - - whereunto king Tullus Hostilius gaue - place. Wherby it appeareth that the Dictator was neither soueraigne - prince, nor magistrat, as many have supposed; neither had any thing more than a - simple commission for the making of wae▪ the - repressing of sedition, the reforming of the state▪ on instituting of new - officers. So that Soueraigntie is not limited either in power, charge, or time - certaine. And namely the ten commissioners established for the reforming of - customes and lawes; albeit than they had absolute power, from which there was no appeale to be made, and that - all offices were suspended, during the time of their commission; yet had they - not for all that any Soueraigntie; for their commission being fulfilled, their - power also expired; as did that of the Dictators. So - - - - 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 - alwayes necessarie to the creating of officers, but by an interrex, or a king - created for a time, borne of honourable blood: for - why, it was not enough for him to be a noble - Senator onely, that should name the Dictator. Now if one should say, that Sylla was by the law Valeria made Dictator for threescore - yeares: I will aunswere as Cicero did, That it was - 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; - 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 - before, Pompeius being Consull, the verie name of the - Dictatorship was taken out of the Commonweale, - and Caesar, contrarie to the law of Pompeius, had procured himselfe by the law Seruia, to be created - Dictator, hee was by the conspiracie of the Senators slaine in the middest of - the Senat. But let vs graunt an absolute power without appeale or controlement, - to be graunted by the people to one or many to mannage their estate and entire - gouernment: shall wee therefore say him or them toWho is to - be called an absolute soueraigne. have the state of Soueraigntie, - when as hee onely is to bee called absolute soueraigne, who next unto God - acknowledgeth none greaterthan himself? wherefore I say no soueraigntie to be - in them, but in the people, of whom they have a borrowed power, or power for a - certaine time, which once expired; they are bound to yeeld vp their authoritie. - Neither is the people to be thought to have depriued it selfe of the power - thereof▪ although it have giuen an absolute - power to one or moe for a certaine time: and much more if the power (be it - giuen) be reuocable at the pleasure of the people, without any limitation of - time: For both the one and the other hold nothing of themselves, but are to - giue account of their doings unto the prince, or the people of whome they had - the power so to commaund: whereas the prince or people themselves, in whome the - Soueraigntie resteth, are to giue account unto none, but to the immortall God - alone.

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But what if such absolute power as we have spoken of, be giuen to one or moe - for nine or ten yeares? as in auntient time in Athens the people made one of - the citisensThe great Archon of Athens no soueraigne. - their soueraigne, whome they called Archon. I say neuerthelesse that hee was no - prince, neither that the Soueraigntie of - the state rested in him: albeit that hee was a soueraigne magistrat, but yet - countable of his actions unto the people, his time beeing expired. Yet might - one say, What if that high & absolute power which we have spoken of, were - giuen to one or moe▪ for a yere, with condition not to giue any account atThe Amymones soueraigne magistrats, and es not simple soueraignes. all for their - doings▪ For to the Cnidiens every yeare chose of their - cirisens, whome they called Amymones, that is to say, Men without imputation, - with such soueraignty of power, as that they might not be called to account for - any thing that they had done, neither during the of - their charge, nor after that the same was expired: I say yet for althat, that - the soueraigntie of the state was not in them▪ seeing that they were bound at - the yeares end to restore againe unto the people, the authoritie they were put - in trust withall; the Soueraigntie still - remaining with the people, and the execution thereof with the Amymones, whome a - man might well call soueraigne magistrats, but not simple Soueraignes: For the - one was the prince, the other the subiect; the one the lord, the other the - seruant; the one the proprietarie and seised of the Soueraigntie, the other - neither proprietarie nor possessed thereof, neither holding any thing thereof, - but as a feoffer or keeper in trust.

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The same we may say of the Regents of Fraunce, created for the infancie, furie, - orThe Regents of Fraunce▪ absence of the king, - whether the edicts, mandats, and letters pattents, be signed and sealed with the signe and seale of the Regents, and in their - name (as they did before the law of Charles the fift the French king) or els that it be done - in the name of the king, and the mandats sealed with his seale: for in that - there is little or no difference at all: seeing that whatsoeuer is done by the - atturney, the lord allowing the same, may well be thought to be done by the - lord himselfe. Now the Regent is the true protectour of the king and of his - kingdome: for so the good countie Theobald called - himself Procuratorem regni Francorum, that is to say, - Protectour of the kingdome of Fraunce. So when a prince giueth absolute power - to a Regent, or to a Senat, in his presence, or in his absence, to gouerne in - his name; albeit that the edicts or letters of commaund go in his or their - name, yet is it alwaies the king that speaketh or commaundeth. So we seeThe Senat of Millan, or Naples, what power it hath in the - absence of the king of Spaine. that the Senat of Milan or Naples, in - the absence of the king of Spaine hath absolute power to dispatch all mandates in his name: As a man may see by the decree - of the emperour Charles the fift in these words. Senatus Mediolanensis potestatem habeat constitutiones - principis confirmandi, infirmandi, tollendi, dispensandi, contra statuta, - habilitationes, prerogationes, restitutiones faciendi, &c. A Senatu ne - prouocari possit, &c. Et quicquid faciet, parem vim habeat vt si à - principe factum ac decretum esset: Non tamen possit delictorum veniam - tribuere, aut liter as salui conductus reis criminum dare. That is to - say, The Senat of Milan hath power to confirme the constitutions of the prince, - as also to infirme the same, to disanull them, to dispense with them contrarie - to the statutes, to make enablements, prerogatiues, and restitutions, &c. - No appeale shall be made from the Senat, &c. And whatsoeuer it shall doe, - shall have like force as if it were done or - decreed by the prince: yet may it not graunt pardon for offences committed, or - giue letters of safe conduct unto parties conuicted. This power almost infinit, - is not giuen unto the Senat of Milan and Naples, in any thing to diminish the - maiestie of the king of Spaine, but altogether to the contrarie, to ease him of - his care and paines: ioyne hereunto also, that this power how great soeuer it - be, is to be reuoked at the pleasure of him that gaue it.

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But suppose that such great power be giuen to a kings lieutenant, or the - gouernourPrinces, lieutenants or gouernours of coun tries - for tearme of life, yes no soueraignes. of a countrey for tearme of - his life, is not that a soueraigne and perpetuall power? For otherwise if we - 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 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 - 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 - that gaue the power, or els by force: if by force, it is called tyrannie; and - yet neuerthelesse the tyrant is a soueraigne: as the violent possession of an - intruder is in nature a possession, although it be contrarie to the law, and they which had the possession before are so - thereof disseised: but if such a magistrat continue his soueraigne power by the - good liking of the superiour that gaue it him, wee will not therefore say that - hee is a soueraigne prince, seeing that he holdeth nothing but by sufferance; - and that a great deale the lesse, if the time be not limited, for in that he - hath nothing but by commission during pleasure: and he that so holdeth his - power, is neither lord nor possessor therof. Men know right well, that there - was neuer greater power giuen to magistrat next unto his prince, thanHenrie duke of Aniou. that which was of late yeares - graunted to Henrie of Fraunce, duke of Aniou, by king - - - Charles the ninth his brother, for it was most great and - perpetuall, without any exception of the - regall power: yet for all that one cannot say that it was soueraigne, inasmuch - as he was called Leiutenant General for the king, So long as - it shall stand with our good pleasure, ioyned unto it in his letters - patents: which wel declareth a power but during pleasure. Which power of - lieutenancie (as of all other magistracies) ceaseth in the presence of the - prince.

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But what shall we then say of him to whom the people have giuen absolute - powerHow the people may create a soueraigne - Monarch. so long as he liveth? in this case we must distinguish: If - such absolute power bee giuen him purely and simply without the name of a - 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; 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 - the regall law is by the lawyer said to have bene made in these words,The regall, or royall law. - - Cum populus ei & in eum omnem potestatem contulit: - when as the people conferred unto him, and on him all their power. But if the - people shall giue all their power unto any one so long as he liveth, by the - name of a magistrat, lieutenant, or gouernour, or onely to discharge themselves - of the exercise of their power: in this case he is not to be accounted any - soueraigne, but a plaine officer, or leiutenant, regent, gouernour, or - guerdon and keeper of another mans power. - For as the magistrat, although hee make a perpetuall lieutenant, and hath no - care of his own iurisdiction, leauing the entire exercise thereof unto his - lieutenant, yet for all that, it is not in the person of the lieutenant that - the power lyeth to commaund, or iudge, neither the exercise and force of the - law: but if he passe beyond the power unto him giuen, it is to none effect; if - his doings bee not ratified, liked, and approued by him that hath giuen the - power. And for this cause king Iohn of Fraunce, led - prisoner into England, after his returne thence, solemnly ratified all the acts - of Charles the Dolphin, his eldest sonne, made regent in - his absence, to strengthen and confirme the same, so farre as should be - convenient and needfull. Be it then that a man either by commission, or - institution, or by delegation, for a certaine - time, or for euer, exercise the power of another man: he that so exerciseth - this power, is not therefore a soueraigne, although that by his letters of - commission or deputation he be not called a protector, lieutenant, regent, or - gouernour: no not, albeit that such power be giuen him by the customs and lawes - 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 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. - -

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Now let vs prosecute the other part of our propounded definition, and show what - these words, Absolute power, signifie. For we said that - unto Maiestie, or Soueraigntieunto soueraigntie belongeth - absolute power, and what that absolute power is. belongeth an - absolute power, not subiect to any law. For the people or the lords of a - Commonweale, may purely & simply giue the soueraigne and perpetuall power - to any one, to dispose of the goods and lives, and of all the state at his - pleasure: and so afterward to leaue it to whome he list: like as the - proprietarie or owner may purely and simply giue his owne goods, without any - other cause to be expressed, than of his owne meere bountie; which is indeed - the true donation, which no more receiueth condition, - being once accomplished and perfected: as for the other donations, which carrie - with them charge and condition, are not indeed - true donations. So also the chiefe power giuen unto a prince with charge and - condition, is not properly soueraigntie, nor power absolute; except that such - charge or condition annexed unto the soueraigntie at the creation of a prince, - be directly comprehended within the lawes of God and nature. As it is at the - inuesting of the Tartar king. For the great king of Tartarie beeing dead, the - 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 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 - will have me so to doe, you must be readie to performe whatsoeuer I commaund; - whomsoeuer I appoint to be slaine, you shall slay him presently, and into my - hand you shall commit the whole estate of the kingdome: whereunto the people - aunswere, Bee it so: after which the king continuing his speech, saith, My word - shall be my sword: whereunto the people giueth a great applause. This done, he - is taken out of his high throne, and set vpon the ground vpon a bare boord, - unto whome the bishop againe turning his speech, saith, Looke - vp unto heauen and acknowledge almightie God, the king of the whole world: - and behold also this table whereon thou sittest below: if thou rule well, - thou shalt have althings according to thy harts desire; but if thou forget - thy dutie and calling, thou shalt be cast headlong - - - - downe from thy high seat, and dispotled of thy regall power - and wealth, bee brought so low, as that thou shalt not have so much as this - boord left thee to sit vpon. This said, hee is lifted vp on high, and - by all the people proclaimed king of the Tartars. This so great a power giuen - by the people unto the king, may wel be called absolute and soueraigne, for - that it hath no condition annexed thereunto, other than is by the law of God - and nature commaunded.

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The same or like forme of inuesting we may also see to have bene sometimes used - 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, 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 - good and seemely order, except the new duke himselfe, who is apparrelled like a - poore shepheard, with a sheephooke in his hand: whome the clowne vpon the stone - seeing comming, crieth alowd in the Sclauonian tongue, Who is - that (saith he) that commeth marching so - proudly? whereunto the people aunswere, That it is their prince: then - demaundeth he, Is he a iust iudge? seeketh hee the good of - his countrey? is he free borne? is he worthie of that honour? and withall - religious? Hee is, saith the people, and so shall hereafter be. Then - the peasant giuing the duke a little blow on - the eare, goeth downe from the stone, and is for euer after free from all - publique charges: so the duke mounting the stone, and brandishing his sword, - promiseth unto the people, To be a good and a iust man: and in that habit goeth - to heare masse; which in solemne manner done, he putting off his shepheards - apparrell, and attired like a prince, goeth vp to the stone againe, and there - receiueth the homage and oath of fidelitie of his vassals and subiects. True it - is, that in auntient Anno. 133. time the duke of Carinthia was the emperours greatest Huntsman: - but since that the empire fell into the house of Austria, wherunto that - dukedome belonged, both the name of the Great Huntsman, - and the old maner of inuesting the duke grew out of vse, and the duchies - of Carinthia, Stiria, and Croatia, with the - counties of Cilia, and Tirol, remaine annexed unto the dukedome of Austria.

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As for those things which are reported concerning the inuesting of the king of - Arragon,The manner of crowning of the kings of - Arragon. they are long since growne out of vse; but this wee have - heard them to have wont to bee done: The great magistrat of Arragon, whome they - call the Chief Iustice, thus said unto the king: We which are - unto thee in vertue nothing inferiour, and in power greater than thy self, - create thee our king; yet with this condition, that one amongst vs shall - still have more power and commaund than thy selfe. Wherein he is - deceiued that so writeth, the king to have bene then chosen of the people; a - thing that neuer was there done. For Sanctius the Great - by force of armes draue the Moores out of the - kingdome of Arragon, after they had seuen hundred yeares possessed the same: - after which time his posteritie of both Sexes, held that kingdome by - inheritance. And also Peter Belluga, who most exactly - writ of the kingdome of Arragon, denieth the people to have any right in - chusing the king; but when the line of the king vtterly saileth. That were also - a new and more absurd thing, that the king of Arragon should have lesse power - than the states of Arragon, seeing that the same author Belluga saith, That the states might not assemble themselves without - the kings expresse commaundement; neither being assembled, might depart without - leaue giuen them from the king. That were also more absurd and ridiculous, that - such speech should bee used by the magistrat, unto him that was now crowned, - sacred, and receiued a king by right of - succession, who also placed and displaced the same great magistrat whensoeuer - hee list. For the same author writeth, Martin Didato the - greatest magistrat, to have beene placed in that office by the queen of Aragon, - in the absence of Alphonsus her husband, king of Arragon - and Sicilia; and also by her againe discharged of the same office. And albeit - that by sufference of the king, that great magistrat or justice of Arragon, - determineth of the processe and controversies betwixt the king and his people: - as it is also in England sometime by the high court of Parliament, and sometime - by the magistrat, whome they call the Lord Chiefe Iustice of - England, and by all the judges of this viz. - Fraunce. - - realme, and in all places: yet neuerthelesse so it is, that the great - justice of Arragon, and all the estates remaine in full subiection to the king, - who is no wayes bound to follow their aduice, - neither to consent to their requests, (as saith the same doctor) which is - generall to all estates of a monarchie, as saith Oldard, - speaking of the kings of Fraunce and Spaine, Who have (saith he) absolute - power. Yet true it is, that none of these doctours tell vs, what absolute power - is. For if wee shall say, that hee onely hath absolute power, which is subiect - unto no law; there should then bee no soueraigne prince in the world, seeing - that all princes of the earth are subiect unto the lawes of God, of nature, and - of nations.

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So to the contrarie it may be, that some one subiect may be dispensed withall, - andThat a subiect may be dispenced withall from all the - lawes and customes of his Commonweale, yet be neither prince nor - 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 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 - to the lawes, seeing that the Senat sometimes so dispenced without the consent - of the people: vntill the law Cornelia published at the request of a Tribune, - whereby it was ordained, That no person should be exempted out of the power of - the laws, nor dispenced withall by the Senat, if he had not at the least the - consent of two hundred Senators. For by the law of the - twelue tables, it was forbidden vpon paine of death to graunt any priueledge but by the great assemblies of the - people; but that law was euill executed, being still infringed by the Senat. - Yet he that is so exempted from one law, or moe, or all lawes, is for all that - alwaies in the subiection and obeysance of them which have the soueraigntie: - yea although he bee for euer absolued from all the lawes of his countrey. As - Augustus, who although he was the prince of the - people of Rome, that is to say, the chiefe in that Commonweale, yet faigning - himselfe to be inferiour to the people in generall, he oftentimes propounded - questions unto the people, as if the people, and not Augustus, should make the lawes: and at the chusing of magistrats, - would shake the citisens by the hands, that so hee might commend them that - stood for the offices unto the people. But it behoueth him that is a soueraigne - not to be in any sort subiect to the commaund - of another: which thing Tiberius wisely meaning in these - words, reasoned in the Senat concerning the right of soueraigntie, saying that - The reason of his doings were no otherwise to be - manifested, than in that it was to be giuen - - A soueraigne prince is not bound to giue a reason of his - doings. - - to none: whose office it is to giue laws unto his - subiects, to abrogat laws vnprofitable, and in their stead to establish other: - which hee cannot do that is himselfe subiect unto lawes, or to others which - have commaund ouer him. And that is it for which the law saith, That the prince - is acquitted from the power of the lawes: and this word the Law, in the Latine - importeth the commaundement of him which hath the soueraigntie. Wee also see - that unto all edicts and decrees there is annexed this clause, Notwithstanding all edicts and ordinances whereunto we have - derogated, and do derogat - - - - by these presents: a clause which hath alwaies bene - ioyned unto the antient lawes, were the law published by the present prince, or - by his predecessours. For it is certaine, thatThat the - lawes, letters pattents, priueleges, grants of princes have no force, but - during the life of the princes that granted them. the lawes, - ordinances, letters pattents, priueleges, and grants of princes, have no force, - but during their life, if they be not ratiby the - expresse consent, or at least by sufferance of the prince following, who had - knowledge there of, and especially of the priueleges. As when Bartolus was sent ambassadour unto Charles the - fourth, the German emperour, for the confirmation of the priueleges of the - citie of Perouze, hee obtained the same, yet with condition, That they should - so long have force, vntill they were reuoked by the succeeding emperours: unto - whom for all that, no preiudice could have bene done, although that clause had - not bene put to: which was the cause that Michael - - - - Del Hospital chauncelour of Fraunce, constantly refused, - yea euen at the request of the queene, to seale the priuileges by Charles the ix. graunted unto St. Maur des Fossez, for - that they carried with them a perpetuall enfranchisment and immunitie from - taxes, which is contrarie to the nature of personall priueledges, and tended to - the diminishing of the power of his successours, and could not be giuen unto - corporations or colleges, which live for euer, but for the life of the prince - that graunted them onely, although the word (perpetuall) were thereunto - adioyned. Which for all that if they were graunted unto corporations or - colleges, by a popular or Aristocraticall state, must needs bee for euer, or at - leastwise so long as that popular or Aristocraticall state should continue. And - for this cause Tiberius the emperour, successour to Augustus, - - would not that the priueledges graunted by the - dead emperours, should bee of any effect, if their successors had not confirmed - them: when as before the priueleges granted by princes, if they were not - limited unto a time certaine, were accounted as giuen for euer. Wee also see in - this viz. Fraunce. - - realme, that at the comming of new kings, colleges and corporations - require to have their priueleges, power, and iurisdiction confirmed; yea the - verie parliaments and soueraigne courts, as well as other particular - officers.

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If then the soueraigne prince be exempted from the lawes of his predecessors, - much lesse should he be bound unto the lawes and ordinances he maketh himselfe: - for a man may well receiue a law from another man, but - impossible it is in nature for to giue - - A soueraigne prince is not subiect unto the lawes and - ordinances that he himselfe maketh a law unto himselfe, no more than - it is to commaund a mans selfe in a matter depending of his owne will: For as - the law saith, Nulla obligatio consistere potest, quae a - voluntate promittentis statum capit, There can be no obligation, which - taketh state from the meere will of him that promiseth the same: which is a - necessarie reason to proue euidently that a king or soueraigne prince cannot be - subiect to his owne lawes. And as the Pope can neuer bind his owne hands (as - 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 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; 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 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 understand it, from the laws of his countrey) but not from the lawes of God or nature.

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But further question maybe, Whether a prince bee a subiect to the lawes of - hisWhether prince be subiict - unto the lawes of his coūtrey that he hath sworne to keepe, or not. - countrey, that he hath sworne to keepe, or not? wherein wee must distinguish. - If the prince sweare unto himselfe, That he will keepe his law: hee is no more - bound to his law, than by the oath made unto himselfe: For the subiects - themselves are not any way bound by oath, which they make in their mutuall - conuentions, if the couenants be such as from which they may by law shrinke, - although they be both honest and reasonable. But if a soueraigne prince promise - by oath to keep the lawes which he or his predecessours have made, he is bound - to keepe them, if the prince unto whome hee hath so giuen his word have therein - any intrest; yea although he have not sworne at al: But if the prince to whom the promise was made have therin no intrest, - neither the promise nor the oath can bind him that made the promise. The like - we say, if promise be made by a soueraigne prince unto his subiects, or before - hee bee chosen; for in that case there is no difference, as many thinke: not - for that the prince is bound to his laws, or by his predecessours; but to the - iust conuentions and promises that hee hath made, be it by oath, or without any - oath at all; as should a priuat man bee: and for the same causes that a priuat - man may be releeued from his vniust and vnreasonable promise, as for that it - was too grieuous, or for that he was by deceit or fraud circumuented; or - induced thereinto by errour, or force, or iust feare; or by some great hurt: - euen for the same causes the prince may be restored in that which toucheth the - diminishing of his maiesty, if he be a - soueraigne prince. And so our maxime resteth, That the prince is not subiect to - his lawes, nor to the lawes of his predecessours: but well to his owne iust and - reasonable conuentions, and in the obseruation whereof the subiects in generall - or particular have intrest. Wherein we see many to be deceiued, which make a - confusion of lawes, and of a princes contracts, which they call also lawes: as - well as he which calleth a princes contracts pactionarie lawes; as they tearme - them in the state of Arragon, when the king maketh any law at the request of - the people, and receiueth therefore any money or subsidie; then the Arragonians - say that the king is unto that law bound, but not so - unto other lawes: and yet neuerthelesse they confesse that the prince - may derogat from the same, the cause of the - law ceasing: which to bee true, as it may by reason and authoritie be - confirmed, so was there no need of money, or of oath, to bind the soueraigne - prince, if it concerned his subiects (to whome he had promised) toThe word of a prince ought to be as an Oracle. have the - law kept. For the word of a prince ought to bee as an Oracle; which looseth his - dignitie, if his subiects have so euill an opinion of him, as not to beleeue - him except he sweare; or else to be so couetous, as not to regard his promise - except therefore he receiue money. And yet neuerthelesse the maxime of right - still standeth in force, That the soueraigne prince may derogat unto the lawes - that hee hath promised and sworne to keepe, if the equitie thereof ceased, and - that of himself without consentThe reason of the law - ceasing, the law it selfe ought also to cease. of his subiects: yet - true it is, that a generall obscure or doubtfull derogation, in this case - sufficeth not, but that there must bee a - derogation in words speciall. But if there bee no probable cause of abrogating - the law he hath promised to keepe, he shall do against the dutie of a good - prince, if he shall go about to abrogat such a law: and yet for al that is he - not bound unto the couenants and oathes of his predecessours, further than - standeth with his profit, except he be their heire. And for this cause the - states of Arragon complained to king Alphonsus, for that - he for gaine had altered and chaunged the money of Arragon, to the great - preiudice of the subiects, and marchants straungers, contrarie to the promise - made by Iames the first, king of Arragon, in the yeare - 1265, in the moneth of August, and confirmed by king Peter, in the yeare 1336, who swore unto the estates neuer to chaunge - the money; in recompence wherof the people had - promised every one of them every seuen yeares to pay unto him a maruedie, if - they were in goods worth fifteene maruadies. Now the kingdome of Arragon - discendeth by inheritance unto the heires, both males and females; but the - effect of the contract betwixt the prince and the people ceasing, as the - subsidie for which the kings of Arragon had made that order which I have said, - the king was no more bound to keepe his promise: then were the people to pay - the subsidie vpon them imposed.

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We must not then confound the lawes and the contracts of soueraigne princes, - forSoueraigne prin ces no bound - unto their laws▪ may yet by their contracts bind themselves unto their - subiects. that the law dependeth of the will and pleasure of him that - hath the soueraigntie, who may bind all his subiects, but cannot bind himselfe: - but the contract betwixt the prince and his subiects is mutual, which - reciprocally bindeth both parties, so that the one partie may not start therefrom, to the preiudice, or without the - consent of the other. In which case the prince hath nothing aboue the subiect, - but that the equitie of the law which he hath sworne to keepe, ceasing, he is - no more bound to the keeping thereof, by his oath or promise, as we have before - said: which the subiects cannot do among themselves, if they bee not by the - prince releeued. The soueraigne princes also wel aduised,Whether Soueraigne princes well aduised, ought to bind themselves by oath - to keepe the lawes of their predecessors. will neuer take oath to - keepe the lawes of their predecessours; for otherwise they are not soueraignes. - But then might some man say, Why doth the German emperour, who hath a - preheminence aboue all other Christian kings, before he be crowned sweare - betwixt the hands of the archbishop of Cullen, to keepe the laws of the empire, - the golden Bul, to establish iustice, to revenge the pope, to keepe the - catholike faith, to defend the widdowes, the - fatherlesse, and poore? Which forme of oath, wherewith the emperour Charles the fift bound himselfe when he was crowned, - cardinall Caietan is said to have sent unto the pope, - whose legat he then was in Germanie. Whereunto I aunswere, that the emperour is - subiect unto the states of the empire; neither taketh vpon him the soueraigntie - ouer the princes electours, nor ouer the estates; as we shall in due place - declare. And if a man say, That the kings of the Epirots in auntient time - swore, that they should raigne well and orderly according to the lawes and - customs of the countrey, and the subiects also on their part swore to defend - and maintaine their king, according to the lawes and - customes of their countrey: I say yet notwithstanding all these oathes, that the soueraigne prince might derogat - from the lawes, or frustrat and disanull the same, the reason and equitie of - them ceasing. The oath also of our kings, which is the fairest and shortest - that can be, containeth nothing in it concerning the keeping of the lawes and - customes of the countrey or predecessours. The words I will set downe, as they - be taken word for word out of the librarie of Rheims, out of an auntient booke, - which thus beginneth Iuliani ad Erigium Regem Anno 1058 - Henrico Regnante 32 iiij. Calend. - Iunij. Ego Philippus Deo propiciante mox futurus Rex - - The oath of Phi lip the first, son to Henry the first, king - of Fraunce, at the time of his Coronation. - - Francorum, in die ordinationis meae promitto coram Deo & - sanctis eius, quod vnicuique de nobis commissis canonicum priuilegium, & - debitam legem atque iustitiam conseruabo, & defensionem adiuante Domino quantum potero exhibebo: sicut Rex in - suo regno vnicuique - - - - Episcopo & Ecclesiae sibi commisse per rectum exhibere - debet: populo quoque nobis credito, me dispensationem legum in suo iure - consistentem, nostra auctoritate concessurum. viz. The booke of Iulian Erigius, Anno 1058, in the xxxij. yeare of the - raigne of Henrie the first, the fourth of the calends of - Iune. I Philip, by the grace of God forthwith to become - king of Fraunce, on the day of my inuesting, doe promise before God and his - Saints, that I will keepe canonicall priueledge, with due administration of law - and iustice, to euerie one committed to our charge: and by the help of God to - the vttermost of my power defend them, in such manner as a king in his kingdome - ought of right to giue unto euerie bishop & church committed unto him: - & by our authoritie to grant unto the people committed unto vs, the - execution of the lawes remaining in force. I - know that which is found in the librarie of the Beauuais is like unto this, and - the oath of the same Philip the first: but I have seene - another in a little auntient booke in the Abbay of S. Allier in Auergne, in - these words; Ie iure au nom de Deiu tout puissant, & - promets de gouuerner bien et deuement les subiects commis en ma garde, & - faire de tout mon pouuoir iudgement, iustice, et misericorde: I sweare - by the name of the Almighty God, and promise well and duly to gouerne my - subiects committed to my charge: and with all my power to doe them iudgement, - iustice, and mercie. Which seemeth to have bene taken from the prophet Hieremie, where he saith, I am the - great eternall - - Chap. 9. - - God, which do iudgement, iustice, and mercie; and in which - things I take singular pleasure. Which formes of oathes shew plainely - unto the eye, that the oathes contained in the - booke lately printed and published by the title of Sacre Du - Roy, are much changed and altred from the auntient forme. But both in - the one and the other oath, a man may see that there is not any bond for the - soueraigne prince to keepe the lawes, more than so farre as right and iustice - requireth. Neither is it to be found that the auntient kings of the Hebrewes - tooke any oath: no not they which were anointed by Samuel, - Helias and others. But some take a more precise oath, such as is the - oath of Henry the 3 king of Fraunce, and of Polonia. Ego Henricus Rex Poloniae, &c. Iuro Deo omnipotenti, quòd - omnia iura, libertates, priuilegia publica & priuata iuri communi non - contraria, Ecclesijs, - - The auntient Hebrew kings not sworne when they were - annointed by the Prophet. - - principibus, Baronibus, nobilibus, ciuibus, incolis, per meos - praedecessores Reges, & quoscumque principes Dominos, Regni Poloniae - iustè concessa, & quae in interregno decreta - - - - sunt seruabo, iusque omnibus incolis more maiorum reddam. Ac - si quidem (quod absit) Sacramentum meum violauero nullam nobis incolae Regni - obedientiam praestare tenebuntur, &c. sic Deus adiuuet. viz. I Henrie king of Polonia, &c. Sweare unto almightie - God, that I will keepe all the lawes, liberties, publick and priuat priueleges, - not contrarie to the common law, iustly graunted unto churches, princes, - barrons, noble men▪ citisens, or inhabitants, by the kings my predecessours, or - whatsoeuer other princes, lords of the kingdome of Polonia: as also all such - things as were decreed in the time of the vacancie of the kingdome: and that I - will administer iustice unto all the inhabitants of this - kingdome, after the manner of our auneestours: And if I shall violat this mine - oath (which God forbid) then the - inhabitants of this kingdom shall be bound to yeeld unto vs no obedience, - &c. And so God helpe vs. But this forme of oath sauoureth not of royall - maiestie, but the condition of a meaner prince, such an one as (amongst others) - is chiefe in a Commonweale.

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But touching the lawes which concerne the state of the realme, and the - establishing thereof; forasmuch as they are annexed & vnited to the crowne, - the prince cannot derogatLawes royall which concerne the - state of the realme not to be infringed by a - soueraign prince. from them, such as is the law Salique: & albeit - that he so do, the successor may alwaies disanull that which hath bene done - unto the preiudice of the laws royall; vpon which the soueraigne maiestie is - stayed & grounded. Yet might one say, That Henry the - 5, king of England & France, marying Katherine of - France, sister to Charles the 7, took an oath to keep the high court of parliament in the - liberties & soueraigntie therof; and to cause iustice to be administred in - the realme, according unto the customes and lawes thereof. See the words of the - decree agreed vpon for to make him successour unto the crowne of Fraunce, the - xxj of May, in the yeare 1420. I say they caused him to take such an oath, for - that he was a straunger come to a new kingdome; from which the lawfull - inheritour was excluded by a decree of the Parliament of Paris, giuen for - default and conrumacie; for the murther committed vppon the person of Iohn duke of Burgoigne, which was by sound of trumpet - pronounced at the marble table in the presence of the princes. But as for - generall and particular lawes and customs, which concerne not the establishing - of the state of the realme, but the right of men in priuat, they have not used to have bene with vs otherwise - chaunged, but after generall assemblie of the three estates of Fraunce well and - duly made; or of every bailiwike in particular: not for that it is necessarie - for the king to rest on their aduice, or that heeParliaments - impaire not, but most of all show the maiestie and greatnesse of a soueraign - prince may not do the contrarie to that they demaund, if naturall - reason and iustice so require. And in that the greatnesse and maiestie of a - true soueraigne prince, is to bee knowne; when the estates of all the people - assembled together, in all humilitie present their requests and supplications - to their prince., without having any power in any thing to commaund or - determine, or to giue voice, but that that which it pleaseth the king to like - or dislike of, to commaund or forbid, is holden for law, for an edict and - ordinance. Wherein they which have written of the dutie of magistrats, & - other such like books, have deceiued - themselves, in maintaining that the power of the people is greater than the - prince; a thing which oft times causeth the true subiects to reuolt from the - obedience which they owe unto their soueraigne prince, & ministreth matter - of great troubles in Commonweals. Of which their opinion, there is neither - reason nor ground, except the king be captiue, furious, or in his infancie, and - so needeth to have a protector or lieutenant appointed him by the suffrages of - the people. For otherwise if the king should be subiect unto the assemblies and - decrees of the people, hee should neither bee king nor soueraigne; and the - Commonwealth neither realme not monarchie, but a mee - Aristocratie of many lords in power equall, where the greater part commaundeth - the lesse in generall, and every one in - particular: and wherein the edicts and lawes are not to be published in the - name of him that ruleth, but in the name and authoritie of the states, as in an - Aristocraticall Seignorie, where hee that is chiefe hath no power, but oweth - obeysance unto the commaundements of the seignorie: unto who me yet they all - and euerie one of them faigne themselves to owe their faith and obedience: - which are al things so absurd, as hard it is to say which is furthest from - reason. So when Charles the eight, the French king, - being then but about xiiij. yeres old, held a parliament at Tours, although the - power of the parliament was neuer beforeThe parlements of - Fraunce. no after so great as in those - times, yet Relli, then speaker for the people, turning - himselfe unto the king, thus beginneth his oration, - which is yet in print extant. Most▪ - - - - high, most mightie, and most Christian king, our naturall and - onely lord, we your humble and obedient subiects, &c. Which are come - hither by your commaund, in all humilitie reuerence and subiection present - our selues before you, &c. And have giuen mee in charge from all this - noble assemblie, to declare unto you the good will and hartie desire they - have with a most firme resolution and purpose to serue, obey, and aid you in - all your affaires, commaundements and pleasures. In briefe, all that - his oration and speech is nothing els but a declaration of all their good wils - towards the king, and of their humble obedience and loialtie. The like speech - almost we see was also used in the parliament at Orleans▪ unto king Charles the ninth, when he was yet but scarce eleuen - yeares old. Neither are the parliaments of Spaine otherwise holden, but that - euen a greater obedience & a greater - loialtie of all the people in generall, is giuen unto the king, as is to bee - seene in the acts of the parliament holden at Toledo by king Philip, in the yeare 1552, when he was yet scarce full xxv▪ yeares - old. The aunswers also of the king of Spaine unto theThe - parliament of Spaine. requests and humble supplications of his - people, are giuen in these words, We will; or else, We decree and ordaine; and such other like aunsweres, - importing the refusall or consent of the prince: yea the subsidie that the - subiects pay unto the king of Spaine, they call seruice. Wherby it appeareth - them to be deceiued, which say that the kings of Arragon cannot derogat from - the priueledges of the states, by reason of the priueleges giuen them by king - Iames, in the yeare 1260, and confirmed in the yeare - 1320. For as the priueleges was of no force after the death of the king, - without the confirmation of his successours: - so also the same confirmation of the rest of the kings following was - necessarie, for that by the law no man can raigne ouer his equals. And albeit - that in the parliaments of England, which have commonly bene holden euerie - third yeare; there the states seeme to have a verie great libertie (as the - Northerne people almost all breath thereafter) yet so it is, that in effect - they proceed not, but by way of supplications and requests unto the king. As in - the parliament of England, holden in October,The parliaments - of England. 1566, when the estates by a common consent had resolved - (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 - graue before she were dead. All whose resolutions were to no purpose without - her good liking: neither did she in that - any thing that they required. Now also the estates of England are neuer - otherwise assembled (no more than they are in this realme of Fraunce, or - Spaine) than by parliament writs, and expresse commandements proceeding from - the king. Which showeth verie well that the estates have no power of themselves - to determine, commaund, or decree any thing; seeing that they cannot so much as - assemble themselves; neither beeing assembled, depar, without expresse - 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 used - 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 - assured me, that the king receiued or reiected the law as seemed best unto - himself: and stucke not to dispose therof at his pleasure, and contrarie to the - will of the estates: as wee see Henry the eight to have - alwaies used 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 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 - consented unto in the high court of - parliament: for so it is prouided by an auntient law of Edward the first, king of England, wherewith the people as with a - buckler hath bene oftentimes seene to defend it selfe against the prince. - Whereunto mine aunswere is, That other kings have in this point no more power - than the kings of England: for that it is not in the power of any prince in the - world, at his pleasure to rayse taxes vpon the people, no more than to take - another mans goods from him; as Philip Commines wisely - shewed in the parliament holden at Tours, as weread in his Comentaries: and yet - neuerthelesse if the necessitie of the Commonweale be such as cannot stay for - the calling of a parliament, in that case the prince ought not to expect the - assemblie of the states, neither the consent of the people; of whose good - foresiight and wisedome, next unto God, the - health & welfare of the whole state dependeth: but concerning all sorts of - taxes and tributes, more shall be said in place convenient. True it is, that - the kings of England, since the time of Henrie the first - (as we read in Polidore) have as it were alwaies - 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 five hundred thousand crownes (as the like whereof is sometime - also used 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. Anglor. as king Henrie the - sixt was condemned by the estates, to be kept prisoner in the Towre of London. I say that that was done by the ordinarie - judges of England, the lords spirituall and temporall of the vpper house, at - the request of them of the neather house; who presented also a bill of request - to the vpper house, in the yeare 1571, tending to the end, that the earles of - Northumberland, and Westmerland, & other conspiratours, might be declared - to have incurred the paines contained in the lawes of the land, made against - them that were guiltie of treason. Which showeth well that the estates in bodie - together have neither power nor iurisdiction, but that the power is with the - judges of the vpper house, as should be, if the parliament of Paris assisted by - the prince and peers, should be from the estates in bodie together seperated, - to iudge of themselves of great matters. - -

- -

But 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 - 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 - treatie was made the second day of Aprill in the yeare 1554, in forme of a - decree conceiued in the name of the estates, in these words: The articles - aforesaid, and that which dependeth thereof, seene and considered of, by the - estates assembled in parliament, holden at the palace of Westminster, it hath - bene said, That concerning the disposition and collation of all benefices and - offices, they are reserued unto the queene; as also of all the fruits, - profits, rents, reuenews of her countries, - lands, and seignories, the queene, as sole and alone shall enioy the royaltie - and soueraignetie of her said realmes, countries, lands, and subiects, - 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 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 - effect. I have willingly set downe the ratification at large, to show that the - soueraigntie wholly without diuision - belonged unto the kings of England, and that the estates had but the view - thereof: For the ratification of the estates, no more than of a court, a - parliament, a corporation, or colledge, sufficeth not to show the power to - commaund, but rather their consent to strengthen the acts, which gtherwise - might have bene called into some doubt, after the death of the queene: or in - her life time by the magistrats and officers of the realme, opposing themselves - against her. Wherfore we conclude the maiestie of a prince to be in nothing - altered or diminished by the calling together or presence of the states: but to - the contrarie his maiestie thereby to bee much the greater, & the more - honorable, seeing all his people to acknowledge him for their soueraigne: - albeit that in such assemblies, princes not willing to reiect their - subiects, graunt, and passe many things, - whereunto they would not otherwise yeeld their consent, if they were not - ouercome by the requests, prayers, and iust grieuances of the people, - anfflicted and vexed oftentimes without the knowledge of the prince, who - yeeldeth many things unto them all, which he would deny unto them in - particular; or at leastwise not so easily graunt them: either for that the - voyces of euerie one in particular, are lesse heard, than of al together: or - for that the prince at other times commonly vseth to see but by other mens - eyes▪ and to heare but by other mens eares and reports: whereas in parliament - hee seeth and heareth his people himselfe, and so enforced with shame, the - feare of religion, or his owne good disposition, admitteth their iust - requests. - -

- -

So wee see the principall point of soueraigne maiestie, and absolute power, to - consistThe principall point of soueraigntie. - principally in giuing laws unto the subiects in generall, without their - consent. And not to speake of straunge countries, we have oftentimes seene in - this realme of FraunceLaws in Fraunce altred by the prince, - without the assembling or consent of the . - certaine generall customs abolished by the edicts of our kings, without the - assembling or consent of the estates: when the iniustice of the same is - plainely to be seene; as the custome of this realme, commonly used in every - place, concerning the succession of mothers unto the goods of their children, - hath bene chaunged without assembling of the estates, either in generall or - particular. Which chaunging of customes is no new thing, for since the time of - Philip the faire, the custome generall in this - realme, which suffered not him that was ouerthrowne in sute, to be condemned in - charges also, was disanulled by edict, without - assembling the estates. And the generall custome which forbad to receiue the - testimonie of women in civill causes; was abolished by the edict of Charles the sixt, without calling together of the - estates. For it behoueth that the soueraigne prince should have the lawes in - his power, to chaunge and amend them, according as the case shall require; as - saith the lawyer Sextus Cecilius: euen as the master - pilot ought to have the helme alwaies in his hand, at discretion to turne it as - the wether or occsion requireth: for otherwise the ship might oftentimes perish - before hee could take aduice of them whome he did carrie. Which is a thing - necessarie, not onely unto a soueraigne prince, but sometimes unto a magistrat - also, the necessitie of the Commonweale so requiring, as we have said of Pompee, and of the Decemuiri. And for that cause Augustus after he had - ouerthrowne Marcus Antonius at Actium, was by the Senat - absolued from the power of the lawes, albeit that he as then was but chiefe of - the Commonweale, and no soueraigne prince, as we shall in due place declare. - And after that Vespatian the emperour was also exempted - from the power of the lawes, not by the Senat onely, but onely by the expresse - law of the people as many thinke, and as yet it is to be found engrauen in - marble in Rome: which the lawyer calleth the law Royall, howbeit that it hath - no great probabilitie, that the people which long time before had lost al their - power, should giue it to him that was stronger than themselves.

- -

- - Now if it be profitable that the soueraigne prince, for - the good gouernment of an estate, should have - 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 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 - betwixt them for the rights of soueraigntie, which cease in the popular estate. - For if the prince or lords which hold the estate be bound to obserue the laws, - as many think they are, and that they cannot make any law without the consent - of the people, or of the Senat; it cannot also bee againe by law - repealed, without the consent of the one or - of the other: which can take no place in a popular estate, seeing that the - people make but one bodie, and cannot bind it selfe unto it selfe. But, Why - then (will some say) did the people of Rome sweare to keepe the lawes? That was - first begun by Saturnius the Tribune of the people, that - so hee might the more straitly bind the Senators to the lawes by him made: - which Dio Nicaeus writeth to have bene afterward done in - all lawes. But it is one thing to bind all together, and to bind euerie one in - particular: for so al the citisens particularly swore to the obseruation of the - 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 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 - whole body of the people themselves. But in a monarchie it is otherwise, where - euerie one in particular, and all the people in generall, and (as it were) in - one bodie, must sweare to the obseruation of the lawes, and their faithfull - alleageance to one soueraigne monarch; who next unto God (of whome he holdeth - his scepter & power) is bound to no man. For an oath carrieth alwaies with - it reuerence unto whom, or in whose name it is made, as still giuen unto a - superiour: and therefore the vassall giueth his oath unto his lord, but - receiueth none from him againe, although that they be mutually bound the one of - them unto the other. - -

- -

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 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 - reason was, for that the Roman emperours at the first had not any soueraigne - power, but were onely called princes, that is to say, the chiefe men in the - Commonweale; which fo me of a Commonweale, is called - a principalitie, and not a monarchy:A principalitie no - Monarch. but a principalitie is called a certaine forme of an - Aristocratie, wherein one is in honor dignitie - 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 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; - -

- -

- - - - . - -

- - - - Good it is not to be ruled by many, - - One king, one lord, if there be any. - - - -

And it missed but a little (as saith Suetonius) but that - hee had euen then chaungedSueton. in Caligula. his - principalitie into a monarchie, and set a crowne vpon his owne head. For in a - principalitie the prince or chiefe magistrat, who is aboue the rest, is yet no - soueraigne; as we shall hereafter show in the Commonweals of the Venetians, and - of the Germans. And albeit that many of the Roman emperors, had taken vpon them - the soueraigntie, and by diuers sleights wrested from the people their - libertie; yet neuerthelesse it was noWhy Traian & some - other good princes have sworne to obserue and keepe the lawes. - maruell if Traian, one of the best princes that euer - lived in the world, swore (as is aforesaid) to - keep the laws, although he in the name of a soueraigne prince were exempted; to - the end by his own example to moue his subiects to the more carefull obseruing - of them: but neuer one of the emperours before him so swore to the obseruing of - the lawes. And therefore Plinie the younger, who in a - pannegiricall oration, set forth the praises of that most worthy prince, - speaking of the oath of Traian, crieth out in this sort, - A great noueltie (saith he) and - neuer before heard of, hee sweareth by whome wee sweare. And after that - in the declination of the empire, Theodoric desirous to - gaine the favour of the Senat and people of Rome, followed the example of Traian, as wee read in Cassiodore, Ecce - Traiani nostri clarum seculis reparamus exemplum; iurat vobis per quem - iuratis, Behold (saith he) we renew the example of our Traian, famous through - all ages; he sweareth unto you, by whome you your selues sweare. And like it - is, that other princes have used the same custome, of taking the like oath at - their coronation, although they have the soueraigntie by the right of - succession. True it is, that the kings of the Northerne people take such oathes - as derogat from their soueraigntie: As for example, the nobilitie of Denmarke - withstood the coronation of Frederick, in the moneth of - August, in the yeare 1559, vntil that he had solemnly sworne that he should not - put any noble man to death, or confiscat his goods, vntill he were iudged by - the Senat; and that all noble men should have iurisdiction & power of life - & death ouer their subiects, without appeale; and that the king should have - no part in their fines or confiscation of their goods; and also that the king - should not giue any office without consent of - the counsell: which are all arguments, that the king of Denmarke is no absolute - 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 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 - Polonia, who also himselfe seemes not to have much more power ouer his owne - subiects than hath the king of Denmarke ouer his. - -

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But of two things the one must be: that is to wit, the prince that sweareth to - keepeTwo great inconueniences ensu ing unto soueraigne - princes by swearing to obserue the laws. the lawes of his countrey, - must either not have the soueraigntie; or els become a periured man, if he - shall abrogat but one law, contrarie unto his oath: whereas it is not only - profitable that a soueraigne prince should sometimes abrogat some such lawes, - but also necessarie for him to alter or correct them, as the infinit varietie - of places, times, and persons shall require. Or if wee shall say the prince to - be still a soueraigne, and yet neuerthelesse with such condition, as that he - can make no law without the aduice of his counsell or people; he must also be - dispensed with by his subiects, for the oath that he - hath made for the inuiolat obseruation of the laws; & the subiects againe - which are obliged & bound unto the lawes, - be it in particular, or in generall, have also need to be dispensed withall by - their prince, for feare they should bee periured: so shall it come to passe - that the maiestie of the Commonweale▪ enclining now to this side, now to that - side, sometimes the prince, sometimes the people bearing sway; shall have no - certaintie to rest vpon: which are notable absurdities, & altogether - incompatible with the maiestie of absolute soueraigntie, & contrarie both - to law & reason. And yet we see many, euen them that thinke themselves to - see more in the matter than others, which maintaine it to be most necessarie, - that princes should be bound by oath to keep the laws & customs of their - country. In which doing they weaken & ouerthrow all the rights of soueraign - maiesty, which ought to be most sacred & holy, & confound the - soueraigntie of one soueraigne monarch, with - an Aristocratie, or Democratie: whereby it commeth to passe, that many princes, - seeing that power to be taken from them, which properly belongeth unto them, - & that men would make them subiect to the laws of their country, dispense - 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 - 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 - the Medes & Persians, the laws by their kings made, were immutable & - irreuocable; & albeit that the king of the Medes would have exempted the - Prophet Daniel, from the punishment of death, which by - the edict which hee had broken was to have - bene inflicted vpon him; yet was he by the princes forbidden so to doe, who - shewed him, that the edict by him made could not by the law of their countrey - be reuoked: wherunto when the king euen against his will (as should seeme) had - assented, Daniel was accordingly condemned unto the - beasts, and so cast unto the hungrie lions. If then the greatest monarch vpon - earth could not derogat from the lawes by himselfe made; the grounds of - maiestie and soueraigntie by vs before laid, must needs faile: and that not - onely in a monarchie, but in a popular state also: as was that of Athens, - whereof Thucydides speaking, showeth that the warre of - Peloponesus - - The lawes of the Athenians to be chaunged. began for - a law made by the Athenians, whereby the Megariens were forbidden to come into - the port of Athens; wherein the Megariens complained unto their allies - and friends themselves to be wronged and - the lawes of nations violated: whereupon the Lacedemonians sent their - ambassadours to Athens, to request the Athenians, that that law might be againe - repealed. Wherunto Pericles then in greatest grace & - authoritie with the people, aunswered the ambassodours, That by the expresse - lawes of their auncestours, the lawes once made and confirmed by the people, - and so hanged vp vppon the common pillar, might neuer be taken away. Which if - it were so▪ the people was bound not to their owne lawes onely, but euen to the - lawes of their predecessours also. And that more is, Theodosius the emperour would not that the lawes by himself made, - 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 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 - our kings are of none effect, vntill they be read, published, verified, and - registred in parliament, with the consent of the great Atturney generall, and - the approbation of the court. And in England it is byPolydore. auntient custome receiued, that lawes concerning the state - of the Commonweale should take no place, except they - were authorised by the Estates assembled in the high court of Parliament.

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These reasons, although they seeme probable, yet are they not sufficient to - proue the rule concerning Soueraignetie, before by vs set downe, not to be - true: For, as forThe former reasons aunswered. that - which was obiected concerning the law of the Medes, and authoritie of the king - in abrogating of the lawes; it is manifest that it was false, and by the - courtiers his enemies deuised against the life of Daniel: who grieuing to see a man for his wisdome and royall discent - 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 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 - young Iewish ladie reuokedAhashuerosh Hester. the - decree whereby he had appointed all the nation of the Iewes to be vtterly - rooted out. As for that which Pericles answered unto the - ambassadours of the Lacedemonians, he therein respected not so much the truth, - as the shew thereof, that so taking occasion of warre, which he sought after, - he might frustrate the accusations of his aduersaries, and danger of the law, - as Timaeus and Theopompus have - truly written, and Plutarch hath not denied. And that - was it for which hee said to the Lacedemonian - ambassadours, That the edicts once hanged vpon the pillars, might not be taken - away: which his sophistication the ambassadours returned unto him againe, with - a Lacedemonian quip, saying, That they desired not to have the edict taken away - from the pillar, but onely the table turned. For if the lawes of the Athenians - had bene immutable, why had they such varietie, and infinit multitude of lawes, - which they were wont to establish at the continuall motion of their magistrats, - & to abrogat the old, that so the new might take place? But that Pericles therin abused the Lacedemonian ambassadors, it - is manifest by the oration of Demosthenes against Leptines, who had preferred a request unto the people, to - the end that by a perpetuall and irreuocable edict it might from that time - forward bee forbidden vpon paine of death, to present any request unto - 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, 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 - of the Commonweale should so require. They had also a popular action, - concerning the breaking of lawes, which was commenced against them that would - have the people to passe any edict contrarie to the lawes before receiued; as - one may see in all the orations of Demosthenes: but yet - that neuer letted, but that the new and - profitable lawes were still preferred before the old vniust lawes. And in like - case the generall edict, wherein it was decred, That the offendors fine once - adiudged and set downe by the people, might not in any wise bee forgiuen or - abated; was yet many times reuoked, and that once in favour of Pericles himselfe, and another time in favour of Cleomides and Demosthenes, who by - diers iudgements of the people, had bene euerie - one of them condemned in a fine ofPlut▪ in - Peri. thirtie thousand crownes. They say also in this realme of - Fraunce, the fine once being paid, be it right or be it wrong, is neuerDemetri. Demost. againe to be restored: and yet we see - oftentimes the contrarie, and the same to bee againe - recouered. It is then a formalitie which is and hath alwaies beene in euerie - Commonweale, that the law makers to giue - unto their lawes the greater weight and authoritie, ioyne thereunto these words - of course, Edicto perpetuo & irreuocabili sancimus, - &c. By a perpetuall and irreuocable decree we ordaine. And with vs - in the beginningThe clause of perpetuitie why annexed unto - lawes, and yet n lawes perpetuall. of every - law, Vniuersis praesentibus & futuris: which words - are added to the eternall memorie of posteritie, least the law should by any be - infringed. And the more to shew the difference of the lawes, such as be made - for perpetuitie, are with vs sealed with greene waxe, and strings of greene and - purple silke: whereas unto the temporary Edicts are put neither strings of - silke, nor greene waxe, but yellow onely. And yet for all this, there is no law - which is perpetuall, no more than were those of the Greekes and Romanes, who in - making their lawes, commonly used to ioyne thereunto this clause, Vt nec per Senatum, nec per - populum, lex infirmari possit: That the law might not either by the - Senate or the people bee weakened: which wordes if they imported a perpetuitie, - why did the people almost in the same moment that it had established a law, - againe abrogate the same. Concerning which matter, Cicero writing unto his friend Atticus: Thou - knowest (sayth he) the Tribune Claudius to have - decreed that his law should hardly, or not at all, by the Senate or the - people be infringed. But it is sufficiently knowne that regard was neuer had - unto this clause: Vt nec per Senatum nec per populum lex infirmari possit: - 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 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 - people: Fabius alledged the law of the twelue Tables in - these words, Quod postremum iussit populus id ratum - esto, What the people shall last decree, let that stand for good.

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So we see the Medes, the Persians, the Greeks, the Latines, to have used the - 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 having unto any - derogation, - - - - which from this present we have declared to be of none - effect. And yet no man can so make a law unto himselfe, but that he may - depart therefrom, as we have before said. Wherefore the repeales and - derogations of the former edicts and lawes, are almost alwaie subiect unto the - latter edicts and derogations. And therefore Solon did - wisely, who would not bind the Athenians to keep his lawes for euer, but - contented himselfe to have them kept for an hundred yeares: and yet - neuerthelesse hee yet liuing,* Plut. in Sol. and - present, suffered (though against his will) the greatest part of them to bee - chaunged.

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But that publication or approbation of lawes in the assembly of the Estates or - parliament, is with vs of great power and importance for the keeping of the - lawes; not that the Soueraigne prince is bound - to any such approbation, or cannot of himselfe make a law without the - authoritie or consent of the States or the people: but yet it is a courteous - part to do it by the good liking of the Senat, as saith Theodosius, whichThe soueraigne prince more of - curtesie than of necesitie bound to obserue the - lawes. - - Baldus enterpreted not to be a thing so much of - necessitie, as of courtesie: as that is also a speech well beseeming soueraigne - maiestie, for a prince to professe himself bound unto the lawes of himselfe - that raigneth. And certainely there is nothing better, or more beseeming a - prince, than by his deeds and life to confirme those lawes which hee himselfe - hath made: for that is of greatest force, for the honour and obedience of the - subiects towards their prince: as contrariwise - nothing is more daungerous for the contempt - both of the prince and of the lawes▪ than without iust cause to breake or - infringe that which thou hast commaunded: as an auntient Roman Senatour said, - Leuius est, & vanius, sua decreta tollere quam - aliorum, It is more lightnesse and vanitieLiuius - lib. 3. to take away a mans owne decrees, than the decrees of other - men. But it is one thing for a man so to doe willingly and of his owne accord, - and another thing to bee bound by bond or oath so to do it.

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But what if a prince by law forbid to kill or to steale, is hee not bound to - obay hisAll princes bound and subiect unto the lawes of God - and nature, and to their owne iust conuentions. owne lawes? I say - that this law is not his, but the law of God and nature, whereunto all princes - are more straitly bound than their subiects: in such sort as that they cannot - be from the same exempted, either by the Senat, or the people, but that they - must bee enforced to make their appearance - before the tribunall seat of almightie God: For God taketh a straiter account - of princes than of others, as the maister of wisdome Salomon himselfe a king, hath most truly written. Whereunto well - agreeth that saying of Marcus Aurelius, who for his - desire of knowledge, was called the Philosopher: The - magistrats are iudges ouer priuat men, princes iudge the magistrats, and God - the princes. This is the opinion of 2 great princes, esteemed of all - other the wisest; unto whom we wil ioine the third, Antigonus king of Asia, who hearing a flatterer say, that al things - were lawfull for kings: Yea, said he, forbarbarous kings and tyrants. The first - that used this kind of flatrerie, was Anaxarchus towards - Alexander the Great, whome hee made to beleeue, That - the goddesse Iustice, was still at the right hand of Iupiter, to shew that - princes could do nothing but that was right and iust: Of which their iustice he - shortly after made proofe, for being fallen into the hands of the king of - Cyprus, he was by hs commaundement with hammers - beaten to death vppon an anuill. But how much more truely did Seneca say to the contrarie, Caesaricum omnia - licent, propter hoc minus licet, When all things are unto Caesar lawfull, euen for that are they lesse lawfull. And - therefore they that generally say, that princes are not subiect unto lawes, nor - to their owne conuentions, if they except not the lawes of God and nature, and - the iust contracts and conuentions made with them, they do great wrong both - unto God and nature, in that they make not the speciall exemption to appeare; - as men say in matters of priueleges. So Dionisius the - tyrant of Sicilie, said to his mother, That he could dispence with the lawes and customes of Syracusa, but not with the - lawes of nature. For as the contracts and testaments of priuat men, cannnot - derogat from the decrees of the magistrats, nor the decrees of the magistrats - from the auntient customes, nor the auntient customes from the generall lawes - of a soueraigne prince: no more also can the lawes of soueraigne princes alter - or chaunge the lawes of God and nature. Wherefore the Roman magistrats did - notably, who unto the end of all their requests & laws which they - propounded unto the good liking of the people, commonly annexed this clause, - Si quid ius non esset E. E. L. N. R. eius ea lege nihilem - rogaretur, that is to say, That if any thing were therein contained - that was not iust and reasonable, they by that law requested nothing. But of - all others they are most absurd, which say, That a soueraigne prince can decree nothing against the lawes of - God and nature, without most apparant reason. For what apparant reason can - there be diuised, for which wee ought to breake the lawes of God? And hereof - proceed such paradoxes as this, That he whome the Pope hath dispensed withall - for the lawes of God, is sufficiently assured before God: which how true it is - let others iudge.

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There resteth yet another obiection, by them obiected which with more - reasonAn obiection that princes are bound to the civill - lawes. examine matters. If princes (say they) be bound unto the lawss - of nature, that is to say, of vpright reason: and that civill lawes be (in all - things) agreeable unto right and reason, it must needs - thereof follow, that the prince is also bound unto the ciuil laws. And - to that end they alleage that saying of Pacutius unto Theodosius the - emperour, Tantum tibi licet quantum per leges licebit, - So much is lawfull for thee to do, as thou maiest by law doe. For the plainer - aunswering of which doubt, we must thus distinguish: ThatThe - answere, declaring to what lawes a prince is bound, and to what lawes - not. the lawes of a soueraigne prince, whereof question is made, - concerne either that which is publick, or priuat, or common to both: and - generally when question is, it is either of that which is profitable and not - honest, or of that which is honest and not profitable, or is both profitable - and honest; or els of that which is neither of both. And that I call honest, - which is agreeing unto the equitie of nature; unto which naturall equitie it is - manifest all princes to be bound, seeing that which nature teacheth, is - altogether comprehended in the law of nature, whereunto every prince is bound - to obey: neither is such a law to bee called a - ciuile law, albeit that the prince cause it to bee published, but rather the - law of nature. And with so much the more reason, when the law is both honest - and profitable. But if that which is by law commaunded, bee neither honest nor - profitable, although of such things there ought to be no law; yet may the - prince bind his subiects unto those lawes, whereunto he is not himselfe bound, - if they have no dishonour or dishonestie ioyned with them. For there bee some - things honest, some things dishonest, and some in a meane betwixt both. But if - profit repugne against honestie, it is good reason that honestie should take - place. As Aristides the iust, to whom Themistocles was commanded to communicat his deuice, aunswered, That - the counsell of Themistocles was profitable to the - Commonweale; but yet in his iudgement - dishonest: the Athenians hearing so much, enquired no farther after the matter, - but decreed that his profitable counsell to be reiected. But here when we - reason of a Commonweale, we must speake according to the common manner; which - our speech is not to be examined according to the subtiltie of Philosophers: - for they set downe, nothing to be profitable which is not honest, neither - anything to bee honest which is not iust: but that old custome is growne out of - vse, so that of necessitie we must make a difference betwixt things honest, and - things profitable. But if that which the prince by his law commaundeth, be not - honourable, but profitable, he himselfe is not by that law bound, although his - subiects be, so that nothing bee therein contained contrarie to the lawes of - God and nature: and such lawes the prince may - at his pleasure abrogat, or from them derogat, and instead of them make others, - either more or lesse profitable: for things honest, iust, and profitable, have - their degrees of more and lesse. If then it be lawfull for a prince amongst - lawes profitable, to make choice of them that be more profitable; so also - amongst lawes iust and honest, he may chuse out them that be most vpright and - 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, 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 - 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 - out victuals, vntill the law forbidding the same, be by the prince abrogated, - no not though there seeme neuer so great occasions for the transgressing of the - law: as that now the citie is full of victuall, and all other things - necessarie; and that the law of nature persuadeth vs to giue reliefe unto - distressed strangers, in letting them have part of such - good things as it hath pleased God to send - encrease of more in one countrey than in another: for as much as the power of - the law that forbiddeth, is greater than the apparant equitie, the show whereof - euerie man might pretend to his desires, except the prohibition in the law be - directly against the lawes of God and nature.

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But so sometimes things fall out, as that the law may be good, iust, and - reasonable,A law may be good, iust, and reasonable, and - yet the prince no way subiect or bound thereunto. and yet the prince - to be no way subiect or bound thereunto: as if he should forbid all his - subiects, except his guard and garrison souldiors, vpon paine of death to - carrie weapon, so to take away the feares of murders and seditions; he in this - case ought not to be subiect to his owne law, but to the contrarie, to be well - armed for the defence of the good, and punishment of the euill. The same we may - say of other edicts and lawes also, which - concerne but some part of the subiects; which edicts and lawes are called - priueleges, and are iust in respect of certaine persons, or for a certaine - time, or place; or for the varietie of punishments which depend alwaies of the - lawes; albeit that the forbidding of offences is proceeding from the lawes of - God and nature. unto which edicts and lawes the princes are not any way bound, - further than the naturall iustice of the same hath place; which ceasing, the - prince is no more therunto bound, vntill the prince have abrogated the same. - For it is not onely a law of nature, but also oftentimes repeated amongst the - lawes of God, That we should be obedient unto the lawes and ordinances of such - princes as it hath pleased God to set to rule and raigne ouer vs, if their - lawes and decrees be not directly repugnant unto the lawes of God and - nature, whereunto all princes are as well - bound as their subiects. For as the vassall oweth his oath of fidelitie unto - his lord towards & against al men, except his soueraigne prince; so the - subiect oweth his obedience to his soueraigne prince, towards and against all, - the maiestie of God excepted, who is the absolute soueraigne of all the princes - in the world.

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Out of this resolution we may draw another rule of estate, that is to wit, that - the soueraigneThat a soue▪ prince is bound to his owne - contracts, aswell as other men be. prince is bound unto the contracts - by him made, bee it with his subiect, or with a straunger: for seeing he is the - warrant to his subiects of the mutuall conuentions and obligations that they - have one of them against another: of how much more reason is he the debter of - iustice in his owne fact, and so bound to keepe the faith and promises by himselfe giuen and made to others? As the court - of parliament at Paris writ backe unto king Charles the - ix, in the moneth of March, in the yeare 1563, That his maiestie alone could - not breake the contract made betwixt him and the clergie, without the consent - of the clergie; and that for this reason, For that he was himselfe the debtor - of iustice, and so bound to giue euerie man his right. Which putteth mee in - remembrance of a resolution concerning the vpright dealing of princes, worthy - to be engrauen in letters of gold, in their lodgings and pallaces; which is, - That it ought to bee accounted amongst things which by - chaunce seldome happen, if a prince fayle of his promise; - - A notable saying. - - and that it is not otherwise to be presumed. For that of - his promise there is a double bond; the one for the naturall equitie thereof: - for what can be more agreeing unto naturall - equitie, than to have iust promise kept? The other, for the honour of the - prince himselfe, who is bound to keepe his promise, although it be unto his - losse; for that he is the formall warrant to all his subiects, of the faith - that they have amongstA soueraigne prince lesse in iustice - to be respected or releeued, than his subiects, when question is of his - promise. them; as also for that there is no more detestable crime in - a prince, than to bee false of his oath and promise. And that is it for which - the soueraigne prince ought alwaies in iustice to bee lesse respected or - releeued than his subiects, when question is of his promise. For if a prince - have once bestowed an honour or an office vpon a man, it is deemed, that he may - not without iust cause take it againe away from him; but a particular subiect may: and so it is ordinarily iudged. And wheras - by the law the patron might without cause take - his fee from his vestall; yet was it not lawfull for the prince so to doe. - Whereby it is well to be perceiued, the doctors of the Canon law to erre, and - to be deceiued, who deny a prince to be bound to his owne conuentions or - agreements, otherwise than with a naturall bond: for that say they, every bond - is proper unto the civill law; which their errour is to be remoued: For who can - doubt, but that the bond is of the same nature with the couenant? Wherefore if - the couenant be naturall, and common to all nations, the bonds and actions - arising thereof must needs consequently be of the same nature also. But no - couenant almost, neither any obligation or bond can be deuised, which is not - common both unto the law of nature and nations. But let vs graunt some - couenants to proceed from the meere civill law; yet - - That soue▪ raigne prince is bound - to his own ciuil couenants. who dare to deny a prince to be more - straitly bound euen unto such civill couenants, and promises, than are the - priuat subiects themselves? yea and that in so strait a maner as that he cannot - with all the absolute power he hath derogat from the same? For so almost all - the learned lawyers are of opinion and accord. And what maruell? seeing God - himself is bound unto his promises. For so he plainly protesteth with the - prophet Hieremie, Call together unto me (saith he) all the people of the earth, that they may iudge betwixt me - and my people, if there be any thing that I ought to have done, which I have - not done. Let vs noth therefore call into question those things wherof - many doctors have doubted. As whether a prince be bound unto the couenants - which he hath made with his subiects? whereat we need not to maruell, seeing - that out of the same fountaine is sprung, that - no lesse straunge position: that a prince may of right, without any iust cause - enrich himselfe with another mans losse: an opinion repugnant unto the lawes - both of God and nature. But how much more vprightly was it of late iudged in - the court of Paris, that the prince might giue his intrest unto the partie - condemned; but not the intrest of another man. And that in confiscations - creditours are by right first to be preferred, The same court also by another - decree determined, That the prince might derogat from the civill lawes, so that - it were done without preiudice to any particular mens right: which is to - confirme the resolutions which wee before have set downe, concerning the - absolute soueraignetie. And Philip of Valois, by two - testaments which he made in the yeare 1347, and 1350, (which are in the - treasurie of France in a coffer, intituled The - testaments of kings, number 289) ioyneth a clause derogatorie unto the lawes of - his countrey, from which he protested himselfe to be discharged, as not unto - them bound. The like protestations he also used, when hee gaue unto the queene - his wife certaine treasure, and priuat lands, contrarie unto the lawes: with - aswel his prodigall gift, as also that his derogation from the lawes of his - countrey, are yet extant in the publick records. Howbeit that Augustus the emperor thought it not good for himselfe in like case to - vse the like libertie in his Commonweale, but being willing to giue unto his - wife Liuia, that which he could not by reason of the law - Voconia, hee requested to be dispensed with all from that law by the Senat - (although that it was not needfull for him so to have done, considering that he - was long time before in all other things - dispensed with from the lawes) to the intent the better to assure his gift, for - that he was not a soueraigne prince, as we have before showed. For otherwise - hee had not bene any way bound so to doe; as it was in most strong tearmes - iudged by a decree in the court of Paris, in the case of Philip the second, the French king, That he was not bound unto the - customes of the ciuil law, at such time as they which were next of kindred - would have redeemed of him the countie of Guynes: howbeit that many both thinke - and write, the prince to be bound to that law: for that they thinke that law to - be common to all nations, and not proper to any citie: and yet then the which - law the Romans themselves (in some cases) thought - nothing more vnreasonable. But our ancestours - - What account was made of the Roman civill lawes in - France. would not have euen their subiects bound unto the Roman - lawes; as we see in the auntient records, that Philip - the faire, erecting the parliament of Paris and Monpellier declared, That they - should not be bound unto the Roman laws. And in the erection of Vniuersities, - the kings have alwaies declared, That their purpose was to have the civill and - canon laws in them publickly professed and taught, to make vse therof at their - discretion, but not that the subiects should be any way bound therunto, least - they should seeme to derogat from the lawes of their owne country by aduancing - the laws of straungers. And for the same cause Alaricus - king of the Gothes, forbad vpon pain of death, any man to allege the Roman - lawes contrarie to his decrees and ordinances. Which M. - Charles du Moulin (my companion, and ornament of all lawyers) - mistaking, is therefore with him verie - angrie, and in reproach calleth him therefore barbarous: howbeit that nothing - was therein by Alaricus decreed or done, but that which - euerie wise prince would of good right have decreed and done: for subiects will - so long both remember, and hope for the gouernment of strangers, as they are - gouerned by their lawes. The like edict there is of king Charles the faire, and an old decree of the court of Paris, whereby we - are expresly forbidden to alleage the laws of the Romans, against the lawes and - customes of our auncestours. Yea the kings of Spaine also have vpon capitall - paine forbidden any man to alleage the Roman laws, in confirmation of their - 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 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 - oppose straunge lawes and straunge decrees against the lawes of his owne - prince. In which doings when theThe Roman lawes forbidden to - be aught in Spaine. Spaniards did too much - offend, Stephen king of Spaine forbad the Roman lawes to - be at all taught in Spaine▪ as Polycrates writeth: which - was more straitly prouided for by king Alphonsus the - tenth, who commaunded the magistrats and judges to come unto the prince - himselfe, as often as there was nothing written in the lawes of their countrey - concerning the matter in question. Wherein Baldus is - mistaken, when hee writeth the Italians to bee - bound to the Roman lawes; but the French no otherwise than so farre as they - should seeme unto them to agree with equitie and reason. For the one are as - little bound as the other; howbeit that Italie, Spaine, the countries of - Prouince, Sauoy, Languedoc, and Lyonnois, vse the Roman lawes more than other - people: and that Frederike Barbarussa the emperour, - caused the books of the Roman laws to be published and taught: the greatest - part whereof have yet no place in Italie, and much lesse in Germanie. But there - is much difference betwixt a right, and a law: for a right still without - commaund respecteth nothing but that which is good and vpright; but a law - importeth a commaundement. For the law is nothing els but the commaundement of - a soueraigne, vsing of his soueraigne power. Wherefore then as a soueraigne is not bound unto the laws of the Greeks, nor - of any other stranger whatsoeuer he be, no more is he bound unto the Roman - laws, more than that they are conformableNeither pope nor - emperour exempted from the law of nature. unto the law of nature; - which is the law whereunto (saith Pindarus) all kings - and princes are subiect. From which we are not to excepteither the pope or the - emperour (as some pernitious flatterers do) saying, That those two viz. the pope and the emperour, may of right without - cause take unto themselves the goods of their subiects.A - dangerous opinion, and not to be taught to princes. Which opinion the - Canonists themselves, the interpretors of the popes law detest, as contrarie to - the law of God: whereunto for all that they ioine this euill limitation, in saying, That they may yet do it of their most high and - absolute power and authority, as they tearme - it: which is as much as if they should say it to bee lawfull for them to rob - and spoyle their subiects, oppressed by force of armes: which law, the more - mightie vse against them that be weaker than themselves, which the Germans most - rightly call, The law of theeves and robbers. But pope Innocent the iiij himself, most skilfull in both the lawes, saith that - most high and absolute power, to bee able but to derogat from the ordinarie - law▪ whereas they would have such absolute and soueraigne power to extend to - the abrogating of the lawes of God and nature. For what is more religiously by - Gods lawes forbidden, than to rob and spoyle other men of their goods? what - thing do we read more often repeated, than to keepe our hands from other mens - things? yea we are by the most holy Decalogue commaunded, not so much as - to desire that which is another mans. Now - certainly it is a greater offence to infect princes with this doctrine, than it - is to rob and steale. For pouertie commonly causeth theeves to seeke after - other mens goods: but they that maintaine such opinions, show the lion his - clawes, and arme the prince so instructed, to pretend unto his outrages, this - goodly show of Law and Iustice: who by nature naught, & made worse by - instruction: so prouing to be a tyrant, maketh no question most shamefully to - confound and breake all the lawes both of God and man: and afterward enflamed - with corrupt desires and affections, which altogether weaken the more noble - parts of the mind, hee quickly breaketh out from couetousnesse to vniust - confiscations, from lust to adulterie, from wrath to murder. So that as thunder - is indeed before the lightning, although it be - latter heard: so also an euill prince, corrupted with these pernitious & - pestilent opinions, peruetting iustice, causeth the fine to runne before the - accusation, and the condemnation before the iudgement. Howbeit it is an in - congruitie in law, to say thatThat a prince power ought alwaies to be measured with the foot of - iustice. a prince can do any thing which is not agreeing with - honestie; seeing that his power ought alwaies to be measured with the foot of - iustice. For so said Plinie the younger unto Traian the emperour, Vt enim - foelicitatis est posse quantum velis: sic magnitudinis velle quantum - possis, As it is (saith he) in thy happinesse to be able to doe what - thou wilt; so beseemeth it thy greatnesse, to will what thou maist. Whereof may - be gathered, that a prince can do nothing that is fowle or vniust. It is also - euill done, to say, that a soueraigne prince hath power by violence to take - away another mans goods, to rob, to commit - adulterie, or to do euill, seeing that so to doe, is rather an impotencie, or - feeblenes, proceeding from a weake mind ouercome with impotent lust and desire, - rather than any soueraignty. Now then if a soueraigne prince may not remoue the - bounds which almightie God (of whom he is the liuing & breathing image) - hath prefined unto the euerlasting lawes of nature: neither may he take from - another man thatPriuat mens losses by princes sometimes to - bee sufferd, for the greater benef of the - Commonweale. which is his, without iust cause, whether it be by - buying, by exchaunge, by confiscation, by league with friends, or peace made - with enemies, if it cannot otherwise bee concluded than by priuat mens losse; - whose goods princes oftentimes permit the enemies to enioy, for the generall - welfare of the subiects and of the Commonweale: howbeit that many be not of - this opinion, but would that euerie man should keepe his owne; and that no publick diminution should be made of any priuat - mans goods, or that if publicke necessitie so required, it were againe to bee - made goodby the whole state: which opinion I like well of, if conveniently it - might so be done. But forasmuch as the welfare of priuat men, and all the goods - of the subiects are contained in the health of our country, it beseemeth priuat - men without grudging to forgiue unto the Commonwealth, not onely their priuat - displeasures, and iniuries receiued from their enemies, but to yeeld also for - the health of the Commonweale, their goods. For peace hath for the most part - some hard measure in it, which is againe recompenced with the publique profit: and this law doth all people vse, that in - conclusions of peace, not only publick things - are recompensed with publike, and priuat things with priuat; but both with the - mutuall profits and detriments of both. And yet I see many great maisters of - both lawes, both to be, & to have bene of opinion, that in those leagues - wherein it is excepted, that no question should be made of the losse on both - sides receiued, such exception should be void, neither to be any thing - preiudiciall unto priuat men: howbeit that we vse it otherwise; for in the - peace of Peronne, made for the deliverance of Lewes the - xj the French king, prisoner unto Charles earle of - Burgundie, it was in one article prouided, That Seigneur de - Torci should not execute the sentence of theThe law - 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 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 - afterwards proclaimed in Rome, after that Caesar was - saine in the Senat, at the treatie made betwixt - the conspirators on the one side, and Caesars partakers - on the other. Yet is it by all meanes to be enduoured, that mens harmes - receiued, should be recompensed with other mens profits, and so as neere as may - bee every man to have his owne, which if it cannot be done without tumult and - 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 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 - had vniustly taken from those citisens, to be spoyled therof: for that much - thereof was lawfully bought and sold, and much of it holden in dowrie, so that - 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 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; - and other some thought it better to take mony themselves, than to recouer - againe that which had beene before their owne. Wherefore these causes that I - have said ceasing, the prince cannot take nor giue another mans goods, without - the consent of the owner. And in all gifts, grants, immunities, and - priueledges, this clause is still annexed, Sauing alwaies our - owne right: and the right of other men: Which clause added unto the - inuestiture of the dutchie of Milan, which Maximilian - the emperour made to king Lewes the xij, was the - occasion of new warres, for the right which the Sforces - pretended to the dutchie, which the emperour could not nor would not giue away. - And this clause although it be left out, is yet supposed to be still put in: - 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 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 - unto particular men the proprietie. And a little after, Omnia - rex imperio possidet singuli dominio, The king in power possesseth - allThe king in some cases lesse priuiledged than the - subiect. things: and priuat men as owners. And for this cause our - kings by the lawes and decrees of Court, are bound to void their hands of such - lands as are fallen unto them by way of confiscation - (if they be not simplie and without meane holden of the crowne) to the end that the patrons of them that were proscribed, - should loose nothing of their right in the lands confiscated. And if the king - be debtor to any priuat man his subiect, he is therefore oft times sued, - condemned, and enforced to pay the debt. But that straungers aswell as - subiects, and all posteritie may know of what integritie our kings have bene, - and with what moderation they have borne themselves towards their subiects, let - this be for example, That the king himselfe in the yere 1266, was by the - iudgement of the court of Paris, condemned to pay unto the curat, the tyth of - the fruits euen of his garden of pleasure. So when another of our kings had by - the negligence of his aduocat, made default of appearence at his day; hee by - ordinarie course requested to have that negligent ouersight pardoned: which the - 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 used against priuat men, who alwaies in such case are againe - 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 - iudgements are deemed to bee of full age. And yet the Commonweale neuerthelesse - 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 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 - before priuat men, and priuat men before princes. There is also extant in the - records of the court of Paris, a iudgement giuen against king Charls the seuenth, wherein he was condemned to suffer a wood of his - to bee cut downe which hee had neere unto the citie of Paris, for the publike - vse in generall, and the vse of euerie one of the citisens in particular: and - that more was, the price thereof was set downe for him in the decree, whereunto - a priuat subiect could hardly have bene driuen. Then was it plainely to be - seene how much a king differed from a tyrant: for when this Charls the vij had driuen the English forces out of the hart of - Fraunce, and easily taken the citie of Paris - (which confederated with the English, had wrested the scepter out of this kings - hand) he was so farre from reuenging of his receiued iniuries, that hee used - the citisens most curteously, and showed himselfe more obedient unto the judges - than priuat men have used to be. When at the same time Philip - 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.

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Thus we have hitherto showed in what sort a soueraigne is subiect unto the - lawesWhether a soueraigne prince be bound to the promises - or conuentions of the kings his predecessours or not. and conuentions - by him made with his subiects: Now it resteth for vs to see whether he be - subiect unto the contracts and promises of the kings his predecessours; and - whether such his obliging be compatible with - soueraigne maiestie or not. Which in few words to discusse, passing ouer a - multitude of nice questions which might bee made in this matter: I say that a - prince is bound unto the couenants of his auncestors as well as other priuat - heirs, if his kingdome come unto him by inheritance, or bee giuen him by - testament being not next of kinne: as Ptolemee king of - Cyrene, Nicomedes king of Bithynia, Attalus king of Asia, and Eumenes king of - Pergame, by their wils appointed the people of Rome to inherit their kingdomes. - But what if a kingdome be by will giuen unto the next of kinne? as Henry the eight by his will left the kingdome of England - to his son Edward the sixt: - and substituted unto him his sister Mary, and unto her - - - Elizabeth her sister, who all successiuely enioyed the - kingdome. In this case wee must distinguish, whether the appointed heire will - accept the state in the qualitie of an heire by testament appointed; or - renouncing the succession of the testator, demaundeth the crowne by vertue of - the custome and law of his countrey. For in the former case the successour is - bound unto all the hereditary obligations and actions of his predecessors, as - if he were a priuat inheritour: but in the second case, he is not bound unto - the dome of his predecessour, albeit that his predecessour were thereto sworne. - For neither the oath nor the obligation of the dead predecessour, bindeth the - successour in the law, more than so farre as the obligation made by the - testatour tendeth to the good of the Commonweale, and so farre he is bound. And - therefore king Lewes the xij, when he was demaunded the artillerie lent unto Charles the eight, answered, That he was none of Charles his heire. So of late king Francis the - second, to like effect writ his letters unto the lords of the Swissers, - demaunding of him his fathers debts, the copie whereof taken out of the - records, bearing date the xix of Ianuarie 1559, I have here set downe as - followeth, viz. Although that we be not bound to pay the - debts of our most honourable - - The letters of the French king unto the Swissers - - Lord, and dead father: for that we have not taken vpon vs - this crowne by right of inheritance as his heire, but by the royall law and - custome generally observed euen from the first institution thereof, which - bindeth vs not, but onely to the obseruing of such confederations and - treaties, passed and made by the kings our predecessors, with other forren - princes and Commonweales, for the good and profit of this crowne. - Neuerthelesse desiring to discharge - - - - the credit and conscience of the said our dead lord and - father, wee are resolved to discharge his lawfull debts, &c. Onely this - requesting you, to moderat the interest, in such sort as you have used, - according to the lawes and customes of your countrey, and that no greater be - of vs exacted. Which his request the Swissers by their common decree - approued, so that whereas before they had taken of our people so deepe intrest, - as every sixt yeare came almost to as much as the principall, (which is twice - so much as they doe in Fraunce) they brought it downe to a third part, which - commeth to so much as the principal but in twentie yeares. But that our kings - were not bound unto the bonds of their predecessours, the court of Paris - determined, viz. In the yeare 1256. Wherefore they are - greatly deceiued, which receiue as from an oracle the formall and conceiued - words of the oath which the bishops of Rheims - have at their pleasure not long since deuised, which our kings at their - coronation now vse. For after that the archbishop of Rheims hath set the crowne - vpon the kings head, the twelue peers of Fraunce putting to their hands, he - saith unto him these words, Stay you here (saith he) and the kingdome which you have before vntill now holden by - succession from your father, now from henceforth hold as the true heyre - thereof, put into your hands by the power of almightie God, and by the iust - deliverie thereof, which we the bishops and other the seruants of God here - presently make unto you. An honest speech if it were true. But I thinke - no man doubteth, but that the king euen before his consecration enioyeth both - the possession and proprietie of the kingdome, not by inheritance or his - fathers right, and much lesse by the bountie of the bishops or peers, but by the royall law and custome of the realme, as - was long since decreed by Anno. 1463 a decree - of the French men, That no man should thinke the power of the king to depend of - the pleasure of the bishops: not for that the Senat euer doubted of the power - of the king before his coronation; but that those vaine quirkes of the bishops - might be vtterly refelled. For it is an old proverbe with vs, That the - kingThe king neuer dieth. doth neuer die, but that - so soone as he is dead, the next male of his stocke is seised of the kingdome, - and in possession thereof before he be crowned, which is not conferred unto him - by succession of his father, but by vertue of the law of the land; least the - succession of the kingdome should be vncertaine, then - which nothing can be more daungerous in a - Commonweale. Wherefore let vs this hold, that the king which is by lawfull - right called unto his kingdome, is so farre bound unto the couenants and - promises of the kings his predecessours, as is for the good of the Commonweale: - and so much the more, if the contracts were made by the consent and good liking - of the people ingenerall, or of the states, or high court of parliament: which - it is not onely seemely for a king to keepe, but also necessarie, although it - be hurtfull unto the Commonweale, considering that it concerneth the faith and - obligation of his subiects. But if the soueraigne prince hath contracted either - with strangers, or with his subiects, for such things as concerne the - Commonweale, without the consent of them wee have before said, if any great - harme redound unto the Commonweale by such contract, it is not reason - the lawfull successour to be therunto - bound: and much lesse if hee have obtained the kingdome by election: For that - he holdeth nothing from his predecessor, as he should doe if he held his state - by resignation, for then he should be bound unto the contracts and promises of - his predecessours, except it were expresly otherwise excepted. But by what - right soeuer the prince shal have receiued his kingdome, whether it be by law, - by testament, by election, or by lot, it is reason that the successours should - performe all such contracts of his predecessor, as redounded to the profit of - the Commonweale: for otherwise it should be lawfull for him contrarie to the - law of nature, by fraud and indirect meanes to draw his owne profit out of - 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 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 - prince is to be thrust out of his kingdome, if he performe not the testament of - the former prince his predecessor: without putting the difference of princely - successions, by vs before put, but vtterly confounding the succession of - princes.

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But what needeth (might some man say) this distinction in succession of - princes? seeing that all princes are bound and subiect unto the lawes of - nations, whereof contracts and testaments do depend. Which is not so if wee - speake of all contracts and testaments in - generall: but admit that to be true, yet there of it followeth not, that a - prince is more bound unto the laws of nations, than unto his owne: and that so - far as they agree with the laws of God and nature: wherunto all that we have - said concerning the obliging of princes, is to be referred. For as for the laws - of nations, if they be any of them vniust, the prince may abrogat them by the - law of his realme, & forbid his subiects to vse the same: as we said before - of seruitude and Slaves: which by a daungerous example, by the law almost of - all nations brought into Commonweales, were againe by the wholsome decrees of - many princes well agreeing with the lawes of nature taken away: which being - said of one thing, may also be extended unto other things of like condition: - prouided alwaies, that nothing be done contrarie to the lawes of God and - nature. For if iustice be the end of the - law, and the law is the worke of the prince, and the prince is the lively image - of almightie God; it must needes follow, that the law of the prince should be - framed unto the modell of the law of God.

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- -
- - - - - - CHAP. IX. - - ¶ Of a Prince tributarie or feudatarie: and - whether he be a soueraigne Prince: and of the prerogatiue of honour amongst - Soueraigne Princes. - -

- - THis question deserueth a speciall Chapter by it - selfe, for that it hath no communitie with the auntient markes of Soueraigntie, - which were before the right of Fees, used in all Europe and Asia, and yet more - in Turkie than in any place of the world: where the Timariots hold not the Fees - they have to serue in the warres, but so long as pleaseth the king of the - Turkes, who giueth them no longer but for tearme of their lives: which have - them with condition, that in time of warre the Timariots shall of their owne charge without any pay bring such a - number of horsemen and horses, as is appointed in the subsidie bookes, - according to the proportion of the rent of the fees, which they cal Timar, which is to say in their language, the Vse and profit, deriued as I suppose of the Greeke word - ; and the word Timar signifying with them the honourable vse and profit, - which is the true nature of Fee, to bee free from all tribute or base charges. - And for this cause the vassall in the auntient law of the Lombards, is called - 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 - having thus much said for the explanation of these words, let vs proceed - unto our purpose.

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We have said here before, him to be an absolute soueraigne, who next unto - almightie God, is subiect unto none: neither holdeth any thing next unto God, - but of his owne sword: For if he be enforced to serue any man, or to obey any - mans commaund (be it by his owne good liking, or against his will) or if he - hold of another man, he looseth the title of maiestie, and is no more a - soueraigne, as saith a certaine Poet:

- - - - Esse sat est seruum, iam nolo These Vicarij were - Slaves commaunded. vicarius esse: - - Qui Rex est, Regem Maxime non habeat. - - - - - - To be a slaue it is enough, I will not serue a slaue: - - - - Who is a king, friend Maximus, no other king must - have. - - - -

If they then which hold in fealtie and homage have no maiestie or soueraigntie, - there should be but few soueraigne princes to be found. And if were graunt that - they which hold in fealtie and homage, or that are tributaries, be soueraignes, - wee must by the same reason confesse, the vassall and his lord, the master and - the seruant, to be equal in greatnes, power, and authoritie. And yet the - doctors of the law hold that the dukes of Milan, Mantua, Ferrara, and Sauoy, - yea euen and some Counties also are soueraignes:The county - of Ati. which altogether differ from those - things which wee have before said of the right of maiestie and soueraigntie. - Wherefore it is requisit for vs more exquisitly to entreat of these matters, whereof dependeth the principall - point of soueraigntie, and the prerogatiue of honour amongst princes, which - they esteeme as a thing unto them most deare of all things in the world.

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Wee said before in the Chapter of Patronage (which we otherwise call - Protection) that princes which are in protection, if they have no other - subiection, hold yet their maiestie and soueraigntie, although they have enred - into inequal alliance, whereby they are bound to acknowledge their protectors - in all honour. But there is great difference betwixt them which are in simple - protection onely, and them which hold in fealtie and - homage. For the client, or he which is the simple protection of another - - - The difference betwixt him which is onely in the simple - protection of another prince, and him that oweth unto him fealtie and - homage. prince onely, acknowledgeth his patron his superiour, in the - league of their confederation, but no further than the dignitie of the person - and place requireth: but the vassall, or he which holdeth in fealtie and - homage, is glad not onely to acknowledge his lord for his superiour, but is - enforced also in humble wise to giue unto him his faith and dutie, or els to - forgo his fee. When I say fealtie & homage, I meane the oath of fidelity, - the submission, the seruice, and dutie of the vassall, which he is by the - tenour of his fee bound to giue unto his lord.

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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 - first sort, is of such princes as are in the - protection of him whose maiestie they obserue and reuerence, and commonly giue - themselves into his protection, so to bee the safer against their most mightie - enemies. The second, is of such princes as acknowledge a superiour in their - confederation, unto whome they vse to pay a tribute or pension, so by his helpe - and aid to bee the safer: which deserueth not to be called patronage, because - it is mercenarie, whereas unto kind dutie no reward is due. The third is, of - such princes as being overcome by the more mightie, have of him receiued peace, - who yet keepe their maiestie and soueraigntie, with condition, courteously to - reuerence the maiestie of the victor, and to pay unto him a yearely tribute, - for which they are from him to receiue neither protection nor aide. And albeit - that these seeme to be more charged than they which are but in protection; yet is it so, that in effect they are - greater, for in paying the tribute they have promised for their peace, they are - acquited, and have nothing to doe with any other for the defence of their - estate. The fourth sort is of them which are themselves kings, and freely - exercise their soueraigntie ouer their owne subiects; but yet are vassales or - feudataries to some other prince for some fee, bee it greater or bee it lesse, - which they from him receiue. The fift sort, is of them which are not kings, - neither have any soueraigntie, but are become vassals for their fee, and are - 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 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. - The seuenth sort are they whom we call subiects, whether they be vassals or - tenants, or such as hold no land at all, who are bound to fight for the honour - and defence of their prince as well as for themselves, and to have the same - enemies and the same friends that he hath. The eight sort is of them, which in - former time delivered from slauerie, yet retaine a certaine kind of seruitude, - as doe they which are tied unto the soyle, and are of vs called Mort-maines. - The last sort are the right Slaves. This distinction of the degrees of - subiection, I have made to take away the confusion that many make of the - subiect with the vassall; and of the simple - vassall with the liege man; and hold, that the liege man oweth all obedience - unto his lord towards and against all men; and that the simple vassall - reserueth his superior: and yet neuerthelesse there is but the subiect onely - which oweth his obeysance. For the vassall, be he liege or simple, if he be not - a subiect, oweth but the seruice and homage expressed in his inuestiture, from - which hee may without fraud exemptThe difference of a - vassall, or a liege man from a naturall subiect. himself, by yeelding - vp his fee: but the naturall subiect, which holds in fee, in farme, or fee - simple, or be it that he hold nothing at all that he can call his owne, yet can - hee not by any meanes without the consent of his prince exempt himselfe from - the personall obligation wherewith he is unto him - bound, as we have before declared. The simple - vassall is bound but once in his life to giue his oath of fidelitie unto his - lord: and such a vassall it may be as is neuer bound to giue his oath: for that - the fee may bee without any such obligation of giuing his faith, as is to be - seene in the old lawes of fees, (contrarie to that which M, - Charles du Molin hath both thought and writ) but the subiect whatsoeuer - is alwaies and in all places bound to give his oath, and so oft as it shal - please his soueraigne prince to require it: yea although he were a bishop - without any temporalitie at all. As for the liege man, it is not requisite that - he should bee subiect unto the lord of whom he holdeth: for it may be, that he - may be a soueraigne prince, holding some seignorie of another prince in liege, - fealtie and homage: it may also be, that he may be the naturall subiect of one - prince, and liege man to another, by reason of his fee: or well the simple vassall of one Lord, without being - subiect or liegeman to another: and naturall subiect to another, to whome he is - iusticiable, and yet holdeth of him neither fee nor reuenew. For the vassall of - a vassall is not for that, either vassall or subiect of the same lord, if it - bee not in regard of the same fee. But it is needfull to explaine that we have - said by examples.

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We find that the kings of England have giuen their liege faith and homage unto - the kings of Fraunce for all the countries which they hold on this side the - sea, except the counties of Oye and Guynes: And yet neuerthelesse they held the - kingdomes of England and Ireland in soueraigntie without acknowledgement of any - other prince whatsoeuer. But after in the yeare 1212 they made themselves - vassals unto the Pope and the church of Rome, - and not onely vassals, but also tributaries: beside the annuall gift of smoke - money, of auntient time graunted by Ine king of England, - in the yeare 740, & augmented by Etelpe, which they - called S. Peters pence. For it is found, that Iohn king of England, by the consent of all the counties, - barrons and lords of the land, made himselfe vassall unto the pope and church - of Rome, and vowed to hold the realmes of England and Ireland of him in fealtie - and homage, with the charge to pay the yearely rent and reuenew of a thousand - markes for euer, vpon Michaelmas day, beside the Peter pence, which I have spoken of: & gaue his faith - and homage unto the legat of pope Innocent the third, in - the yeare 1213, in the presence of his chauncelor, the archbishop of - Canterburie, foure bishops, sixe counties, and many other great - lords. The Bull was made in autentique - forme, whereof I have seene the copie in a register of the Vatican, taken out - by the commaundement of chauncelour du Prat, when he was Legat. And albeit that - Sir Thomas More, chauncelour of England, was the - first that maintained the contrarie: yet so it is, that in the same time, and - vntill that king Henrie the eight reuolted from the - pope, in the yeare 1534, the yearely reuenew and tribute was alwaies paied. But - that is worth the noting, that the act of fealtie and homage, giuen unto pope - Innocent the the third, importeth that Iohn then king of England, humbly requested forgiuenesse - of his sinnes of the popes legat. Whereby it is plaine, that patronage of the - bishop of Rome to have bene by him sought for, to extenuat the horrible murder - which he had cruelly committed vpon the person of young - - Arthure his brothers sonne, duke of Britaine, and - lawfull successour to the crowne of England; least otherwise he should have - bene therfore excommunicated by the pope. Whereas Philip - Augustus, king of Fraunce, for the same cause had confiscated the - duchies of Normandie, Guyenne, Aniou, Touraine, le Maine, & all the - countries whereunto he pretended any right, on this side the sea: which the - kings of England held by fealtie and liege homage of the king of Fraunce; and - yet had the chiefe soueraigntieThe king of Scots vassals to the English. ouer the - realmes of England, Ireland, and Scotland. For first Constantine king of the Scots, with the rest of the nobilitie of that - 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 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 - Denmark, to end the warres, which were renewed for the same isles, in the yeare - 1564; as I have learned by the letters of M. Danzai, - ambassador for the king in Denmarke. Howbeit the kings of Scotland which - raigned after Baliol, renounced their homage unto the - English, neither acknowledging them for their superiours, or yet to be unto - them vassals. And albeit that Dauid king of Scots did - what he could with his subiects to consent that the kingdome of Scotland might - bee holden of England in fealtie and homage: - yet so it was, that he remained nine yeares in prison, and by the treatie made - betwixt Edward the third his brother in law, and him, it - was agreed, that he should be set at libertie, without any more obtained from - his estates but that he should live in amitie and friendship with him. As for - the realme of Ireland, it is not long since it receiued the English gouernment, - excepting yet the earle of Argueil, who seemed alwayes to keepe the state of - soueraigntie.

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So might we say also of the king of Denmarke, who is a soueraigne prince in - partThe kings of Denmarke in antient time vassals unto - the German empire. of the kingdome of Norway, without acknowledging - any prince for his superiour whatsoeuer; and yet holdeth part of the duchie of - Holsatia of the emperour in fealty and homage: in which sort he in auntient - time held the countrey of Denmarke, which was - but a plaine dukedome, when Canutus duke of Denmarke - yeelded fealtie and homage unto the emperour Lothaire, - and afterward to the emperour Frederike the fift: who - first of all sent unto Peter duke of Denmarke the sword - and the crowne, and honoured him with royall dignitie; yet with condition, That - hee should for euer yeeld unto the emperour fealtie and homage: howbeit that - his posteritie afterwards reuolted from the empire. And yet neuerthelesse these - whome I have named, beeing no subiects, neither acknowledging the greatnes of - any prince, but in respect of the feesA fee is not to be - giuen vp but simply and without fraud. that they hold of other - princes, are acquitted of their fealtie homage and seruice, by giuing vp their - fee without fraud. I say without fraud, for that it is not lawfull for the - vassall to forsake his lord and patron at his need, although he would renounce - his fee: albeit that there be no other - penaltie but the losse of fee appointed for him who in time of warre forsaketh - his lord; for that he doth an irreparable preiudice unto his honour, which for - euer remaineth engaged for so foule a fact, as to have forsaken his lord in - time of daunger: seeing that by the oath of fidelitie the vassall, but - especially the liege vassall ought to aide him, were it against his owne - brethren and children. Yea some lawyers are of opinion, that he ought to aid - his lord and patron, euen against his owne father: wherein I can in no wise - agree with them, for that the first and chiefe fidelitie is due unto our - parents. But if the vassall be also a subiect, hee looseth not onely his fee - and honour, if he forsake his soueraigne prince at his need, but euen his life - thereon dependeth: seeing that it is death euen for a common souldior, not to - defend his captaine in battell. Wherefore we - are not to maruell, if Iohn de Montfort, and Peter, dukes of Britaigne would neuer yeeld their fealtie - unto the French kings without exception, as their liege men for the dukedome of - Britaigne: about which matter the chauncelors of Fraunce and Britaigne were - twice at debate before the kings, Charles the fift, and - Charles the sixt. And albeit that these two kings - caused two acts to be produced, concerning the fealtie and homage done by the - dukes of Britaigne, to Philip the victorious and Lewes the eight: yet for all that, the dukes would not - doe their homage as liege men, but were receiued doing their simple homage - onely. True it is, that the liege homage yeelded to Lewes the eight, was not but for the life of him that did - it, as appeared by the act, without binding of - his successours. And the other act which is of yong Arthure, was not pure and simple, but onely conditionall; as to be - restored by Philip the victorious, unto the territories - and segnories from which he was embarred; which he did not. Now such is the - force and nature of true and lawfull acts, as not to admit any time or - condition, and the act of fealtie and homage of all other acts the least. But - the end of the controversie was, that the simple oath of Iohn and Peter should bee taken, least they - should seeme to bee the liege vassals of the French: although both those dukes - ought of right to have bene depriued of the fee of the dukedome of Britaigne, - for that they had renounced the French king their lawfull patron. Neither - isThe auntient countie of - Britaigne, vassals to the kings of France. there any doubt, but that - in truth the auntient counties of Britaigne were true subiects and liege men unto the kings of Fraunce (as is to be seene - in the histories of Gregorie bishop of Tours) and being - reuolted, were subdued by Charlemaigne, and afterwards - by Lewes the deuout, to whome they did homage, and - yeelded all obeysance with hostages; as a man may see in the histories of Floard and Girald, whome some call - Vitald, the nephew of Charlemaigne. And againe for another rebellion against Charles the Bauld, in the yeare 1359, they were accused - unto the estates, of treason, & so condemned and executed: which could not - have taken place but against the naturall subiect, for treason against his - soueraigne prince. And after that Herispo countie of - Britaigne, doing his fealtie, and with a great summe of money giuen appeased - Charles the Bauld: as had also before him duke Iudicael pleased Dagobert. Neither - is it true, or like to be true, that Clodoueus, who had bounded the kingdome of Fraunce with - the Pyrenei Mountaines, both the seas, and the riuer of Rheine; or Charlemaigne that had in many places vanquished infinit - numbers of the barbarous nations, and had subdued Spaine, Italie, Hungarie, - Germanie, the Saxons, them of Pomerland, the Polonians, and Russians, and had - extended his empire euen as faire as Scithia, would have receiued the dukes of - Britaigne, euen in the bowels of Fraunce, as companions of the French empire. - And admit that by the favour of any the French kings, they obtained respite of - homage, that could not be preiudicial unto the kings their successors, and much - lesse unto the crowne of Fraunce. And that more is, in the treaties betwixt the - kings of Fraunce, and the first dukes of Normandie, it is expresly set downe, - That the counties of Britaigne, should be - vassals unto the dukes of Normandie, unto whome they had oftentimes giuen their - fealtie and homage: which could nor possibly have bene, if they had not bene - vassals and liege men unto the crowne, seeing that the dukes of Normandie had - giuen their fealtie and liege homage unto the kings of Fraunce, & the - counties of Britaigne unto the dukes. And if true it be, that the vassall can - neuer prescribe for his fealtie and homage against his lord; how then can the - subiect prescribe for his subiection against his prince? So the Seneschall of - Renes (a man verie well learned) cannot abide that Peter de - Dreux prince of the blood, surnamed Maucler, had - acquited the soueraigntie of Britaigne unto the kings of Fraunce, seeing that - hee was vassall and naturall subiect unto the king: and yet neuerthelesse, in - yeelding the homage, had reseruation to make - lawes, to graunt pardons, to call parliaments, to take theRoialties reserued unto the dukes of Britaigne, notwithstanding their - homage due unto the French king. benefit of confiscations euen in - cases of high treason, the regall rights in churches, and feofments of trust. - By which arguments not onely probable, but also necessarie, I am persuaded to - write the dukedome of Britaigne, now euen from the times of the first kings of - Fraunce, to have bene a prouince of the kingdome of France, although Argentraeus otherwise thinke. Yet is it worth the noting - that Iohn Montfort and his successors, although they - went about to have rent the dukedome of Britaigne from the kingdome of Fraunce, - yet as counties of Montfort and Virtus to have alwaies yeelded their fealtie unto the French kings, without exception, as we - read in the records, although that they still - exercised in the countries of Britaigne certaine roialties granted them by the - king.

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There is then great difference betwixt him which holdeth simply in fealtie and - 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, 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 - man; considering that the vassall for any fee whatsoeuer it be, be hee Pope or - Emperor, oweth personall seruice by reason of the fee which he holdeth. For - albeit that this word Seruice, in all matter of fees, and customes, is not preiudiciall unto - the naturall libertie of the vassall; yet so it is, that it importeth a - certaine right, dutie, honor and reuerence that the vassall oweth unto the lord - of the fee: which is not indeed a seruitude reall, but is annexed and - inseperable from the person of the vassall, who cannot be therefrom freed, but - by quitting his fee: prouided yet, that hee bee no naturall subiect of the - lords of the fee, from whome he cannot discharge himselfe by renouncing his - fee.

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Now when I say, that homage and personall seruice is inseperable from the - vassall;Homage a personall seruice, and not to be - performed by a deputie. that is so true, as that the vassall cannot - acquit himselfe thereof by his deputie or atturney, as was permitted by the - auntient lawes of fees; which in this point is abrogated in Europe, and Asia; yea and in Italie it selfe from whence - the lawes of fees (as many thinke) first tooke their beginning. For Lewes Sfortia, gouernour of Lombardie, sent his Agent - into Fraunce, to king Charles the eight, to have - obtained of him that his nephew the duke of Milan might by him be receiued to - do his homage by his deputie for the duchie of Genes: whereunto the king would - not condescend. And when question was made of taking of fealtie and homage of - the marques of Salusse, the court of Paris decreed, That his deputie shuld be - admitted in his name, if the king so thought it good; for that the marques - pretended himselfe to be sicke: yet with that condition, that so soone as he - was able he should come and doe it himselfe in person. The same hath also bene - 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 used. But if the vassall 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 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 - both parts should be receiued to do their homage by their atturneies, which - otherwise they should have bene constrained - themselves in person to have done, if they had not bene sicke, or had some - other iust and reasonable let; or that it was some bodie collegiat. For it much - concerneth the honour of the lord and patron, whether homage be done unto him - in the person of a king his vassall, or by some oeher base atturney or deputie. - And for this cause it was agreed in the treatie of Amiens, made betwixt Philip the faire the French king, and Henrie king of England, in the yeare 1303, That the king of England - should himselfe in persom come to do his fealtie and homage without exception, - if he were not otherwise letted by sicknesse without deceit: in which case he should send his eldest sonne to doe the fealtie in - his stead. And by another treatie made in the - yeare 1330, betwixt Philip Valois, and king Edward the third, it was also said, That the king of - England should in person come to doe his fealtie and homage, if he were not - without fraud by sicknesse letted; which ceasing, hee should then also come. - And by the treatie of peace, made in the yeare 1259, betwixt Lewes the ninth the French king, and Henrie the - second, king of England, it is expresly declared, That the king of England - 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 having his hands - ioyned, and put - - The forme of the homage made by the kings of England unto - the kings of Fraunce. betwixt the hands of the French king, the - Chauncel or of Fraunce for the French king, shall thus say unto the king of - England, Thou shalt become a liege man to the king of - Fraunce, who here is, as duke of Guyenne, and peere of Fraunce, countie of - Poitou, and Monstrueil, and shalt promise to beare unto him faith and - loyaltie: Whereunto the king of England shall say, I - consent thereunto: Then the king of Fraunce shall receiue the king of - England into his fealtie with a kisse. But the oath of Charles the king of Nauarre was more religious, when he yeelded his - fealtie unto Charls the fift, the French king, in the - yeare 1370: for that he was not onely the French kings vassall, but his subiect - also, unto whome hee promised his faith and loialtie towardes and against all - men, which could live or die: albeit that he was then soueraigne king of - Nauarre, and pretended a right unto the - soueraigntie of Berne, which yet resteth vndecided. The forme of the simple - homage done by Iohn de Montfort, Arthure the second, and - Peter the second, dukes of Britaigne, is like, - excepting the word Liege man. But for vassals which be - also subiects, the forme of fealtie is more religious & precise, for that - they are bound with a double bond, whereas the forren vassals are not so. For - the king of England, Edward the third being come to - Amiens to doe his homage unto the king of Fraunce, refused to ioyne his hands - betwixt the hands of the king, and so returned into his kingdome, where it was - sixe moneths debated betwixt the French kings commissioners, and the assembly - of the estares, about the resolution for the forme of the homage: in fine, king - Edward thought it better to follow the prescript - forme, than to loose so many benefits as he - then enioyed in Fraunce. But if the vassall be also a naturall subiect unto his - lord and patron, he is bound to lay by his sword, his gloues, his hat, his - cloke, his spurres, and vpon his knees to put his hands ioyned together, into - the hands of his prince, or of his deputie, and so to take his oath: and by the - custome of this realme, if it pleaseth not the lord, he is not bound to be - present, or to kisse his vassall; but may (if he so please) being present, see - him in forme, as we have aforesaid, giue his fealtie and homage to some small - officer, or before his house, by kissing the hammer of his doore. But by the - customs of Vermandbis, the vassall is bound to do his fealtie unto his lord - being present; but if he be absent, it is sufficient for the vassall being - present, to cause it to be done by his atturney, least the honour of the - vassall should bee impaired by the basenesse - of the person of his lords atturney. But if the vassall have thirtie heires, - every one of them is constrained to yeeld his fealtie unto his patron requiring - the same: as was long since prouided by the decree of Philip the Victorious, the French king, in the yeare 1209. Yet some - vse another custome.

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Shall we then say, a Vassall (that is to say another mans man) although he at - homeHomage a base & seruile thing, and therefore - detested of honorable princes. enioy a kingdome, to have a soueraigne - maiestie and power? Shall we call him that is bound to doe most vile seruices, - (and to vse the words of fealtie) him that serueth another man, shall we call - him, I say, a soueraigne prince? And that is it for which manie▪ honourable princes had rather to loose and forgoe right great - seignories, and their most rich fees, than to - serue such a slauerie. And othersome againe, to the contrarie, would not sell - their soueraigntie for any thing in the world. As the prince of Orange refused - of king Lewis the eleuenth, ten times so much as his - principalitie was worth, which stood him in more than hee receiued profit - thereby: And for the same cause Edward the third, king - of England, in the first article of the treatie of Bretigni expresly excepted, - that all royalties should be giuen unto himselfe in those countries which he - had by inheritance in Fraunce; least he should for them have beene enforced to - have yeelded fealtie and homage unto the French kings. Neither for any other - cause did Stephen, Vayuod of Valachia, reuolt from the - kings of Polonia, but for that the king of Polonia had caused his tent to be - cast wide open at the same very instant that the Vayuod was therein doing unto him his homage, that so he might be seene of - all men in doing of it. Which sie disgrace the Vayuod - tooke in very euill part: which is not to be maruelled at in so great a lord as - he, if wee doe but consider, that Calisthenes the nephew - of Aristotle chose rather to loose his life, than after - the Persian guise, in humble and deuout manner vpon his knees to honour Alexander the Great: albeit that Alexander courteously tooke them vp with a kisse that so honoured him. - Which was also an vsuall thing with the Romane emperours, when they gaue unto - the kings that were in their protection, their scepters and diademes. For so - Tiridates king of Armenia being come to Rome, humbled - himselfe vpon his knee before the emperour Nero, whom - Nero taking by the hand, lift him vp, kissed him, and - taking his turbant from off his head, set - thereon a royall crowne, and caused him to sit on his right hand. For albeit - that the kingdomes were giuen by the Romane emperours without reseruation of - fealtie or homage, yet so it was, that the kings laying aside their scepters - and crownes, of their owne accord serued the Romane emperours, some as - seruitors in their chambers, othersome called themselves but the Romane - stewards, as Adherball king of Numidia tearmed himselfe - nothing but the steward of the people of Rome. And Eumenes king of Pergame after the discomfiture and death of Mithridates king of PontusThe wearing - of a cap was in auntient time the marke of them that were but lately made - free, to couer their heads that were shaven when they were Slaves. - came to Rome, and with a cap vpon his head (in token of his late recouered - libertie) thanked the people of Rome for the same. But Prusias king of Bithynia as oft as he went into the Senate, commonly - kissed the threshold of the gate, calling himselfe the Senates slaue: albeit that he was neither subiect nor - tributarie, nor so much as in the Romanes protection, but ioyned unto them in - equall confederation. All these honours, were they neuer so great, proceeding - from their owne voluntarie will, did little or nothing at all diminish the - maiestie of a soueraigne prince, as doth that forme of homage which is seruile - and constrained, and which the Tartars, Persians, and Turkes esteeme to bee the - true seruice of a very slaue. And truly Solyman the - Turkish king was about to have restored Iohn king of - Hungarie into his kingdome in the yeare 1555, with condition to have holden the - same of him in fealtie and homage, without other subiection (as he by a Chiaus - his embassadour, certified Sigismundus Augustus king of - Polonia) if king Ferdinand, who pretended the kingdome - of Hungarie to belong unto himselfe by - inheritance, had not letted him so to doe; as I have seene by the letters of - Sanislaus Rosdrazeroski, a Polonian, written to Anne Mommorancie constable of Fraunce the same yeare - 1555. And for this cause Francis the French king to - hinder that Charlet of Austria should not bee chosen - emperour, declared unto the princes, Electors of the Empire, that the maiestie - 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 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.

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But it seemeth that it is not enough to say, that Charles of Austria was vassall unto the crowne of Fraunce, but that he - was thereunto a liegeman also; and not onely aCharles the - fift a naturall subiect of these French Kings▪ liegeman, but euen the - French kings naturall subiect; as borne & brought vp in Flanders, then a - prouince of the French kingdom: although many think the citie of Gaunt the - natiue place of Charles, and the cities vpon the sea - coast to have bene excepted. For the earles of Flaunders were alwaies accounted - peers of Fraunce, euen from the first beginning of that kingdome: and the - soueraigne roialties thereof, alwaies before reserued unto the same, but - especiallie at the solemne treatie of Arras betwixt Charles the seuenth and Philip the second duke - of Burgundie. Also Charles the fift beeing chosen - emperour, asked leaue of Francis the French king, that hee might leuie of his subiects the - subsidie graunted him at Arras, in the yeare 1520; whereunto the kings aunswere - was, That he would therein do what he might, without diminishing in any thing - the right of his crowne: as I have seene by the instructions giuen to M. De la Roche-Gaucourt at such time as hee was sent - ambassadour into Spaine. Although that greater causes might have beene - alleaged, which might have stayed German princes from the election of Charles the fift. For Charles of - Austria was as thenCharls the fift vassall and liegeman unto - the pope and the Church of Rome. not onely the vassall, liegeman, and - naturall subiect to the king of Fraunce, but also a liegeman unto the pope and - the church of Rome, for all the countries, lands, and seignories that he then - held, except that which he held of the crowne of Fraunce, or of the empire; howbeit that he as then held nothing of the - empire, but the lands neere unto the Rhene, and Cambray: For Arnold the last of that name, countie of Burgundie, gaue it with the - other countries to the emperor Conrade the second, in - the yeare 1205, and after that, the emperour Charles the - fourth gaue it to Charles the sixt, the Dolphin, by - fealtie and homage, as appeareth by the inuestiture thereof in the treasure of - Fraunce, the copie whereof we have out of the records. But at such time as he - professedThe kingdom of Naples - and Sicilie holden of the pope. himselfe to be the liegeman of the - bishop of Rome, in his fealtie giuen for the kingdome of Naples, he then - promised by his oath, not to take vpon him either the charge of the German - empire, if he were chosen emperour by the German princes; either of the - dukedome of Milan; and with these conditions gaue his fealtie and homage vnthe - pope: which is not to be thought any new - clause, but an auntient condition, ioyned unto all the acts of fealtie and - homage giuen unto the pope by the kings of Naples and Sicilie, since the time - that pope Vrban the fift, therin inuested Charles of France brother unto king Lewes. And in the inuestiture of that kingdome, made by Innocent the fourth, unto Edmond - the sonne of Henrie king of England, in the yeare 1255, - the copie whereof we have written out of the Vatican records, are these words, - Ego Henricus, Dei gratia Rex Angliae, nomine Edmundi filij - nostri Regis Siciliae, plenum & ligeum vassallagium facio ecclesiae - Romana. viz. I Henrie, by the grace of God king - of England, in the name of Edmund our sonne, king of - Sicilie, yeeld full and liege homage unto the church of Rome, &c. And in - the act of fealtie and liege homage giuen by - Robert king of Sicilie, in the 1338, he by oath - promised neuer to receiue the imperiall crowne, neither the dukedome of Milan, - nor any seignorie whatsoeuer in Tuscanie, vpon paine of the losse of all such - right as he might pretend unto the kingdomes of Naples and Sicilie. The like is - also found giuen by Charles king of Naples, in the yeare - 1295: and by queene Ione in the yeare 1348, as I have - read in the register of the Vatican. And for this onely cause pope Iulius the second refused to inuest Ferdinand king of Arragon, Charles the fift the - emperours grandfather by the mothers side, in the kingdome of Naples, but vpon - the conditions I have aforesaid: and a yearely rent of - eight thousand ounces of gold, or of foure score thousand crownes, which the - - - The ounce is worth ten crownes kings of Naples were - bound to pay euerie yeare, and a white ambling gelding, beside the aid - expressed in the inuesture, with reseruation of the countie of Beneuent. Which - their obligation was of such consequence unto the popes, that so soone as they - denounced warre unto any, the kings of Naples were straight wayes in armes for - the defence of the Church of Rome. So Alphonsus king of - Naples, at the denuntiation of pope Sextus, made warre - vpon the state of Florence, for that they had hanged the Cardinall of Pisa, the - popes Legat a latere in his pontificalibus. And in our - time pope Paulus the third by his Ambassadour Alexander Farnesius, summoned the emperour Charles the fift, being then with a great armie in - 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 (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 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. - And albeit that in the yeare 1528, by the treatie made betwixt pope Clement the vij and his Cardinals, besieged in the castle - S. Angelo on the one side, and the emperour - - Charles the fift on the other, it was set downe, That - the kings of Naples should for euer be acquited of the yerely rent of 8000▪ - ounces of gold, and of all the arearages, which amounted unto great summes: yet - so it was, that all the rest of the pointes of the auntient inuestiture, still - stood in their former force and vertue. But euer since, the German emperours - have well knowne, and the pope better, (seeing Rome sacked, and himselfe put to - ransome of 400000 duckets, after he had released the fairest rights of S. Peters demaine) what daunger it was to make choice of the - vassall of a soueraigne prince, and the natural subiect of another, to be head - of the Empire: For with the forces of Germanie he brought downe the pope, and - with the popes power hee ruinated the princes of Germanie. And albeit that by - the imperiall title hee held the duchies of - Milan, of Gelders, and other seignories of the empire, yet so it is, that hee - was the popes antient vassall & liege man, and so consequently to him first - bound, & that more straitly unto the Church than to the empire. Ioine - 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 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 - doe, had hee not by the intreatie of king Philip his - kinsman, and of the French king, otherwise appeased.

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But heresome man will say, How could it be that the emperor Charls the fift, should - - The same man cannot be liegeman to diuers princ. be liegeman unto the pope, the French king, - and the empire? seeing that no man can be liegeman unto many lords, although he - have many fees holden of them all separatly: For his faith and aid is due to - 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 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 - altogether; and that law we now vse. For the - condition of the vassall ought not to be made more hard, than if there were - unto one man, but one heire; but it should be much harder if he should bee - enforeed to doe many duties, many seruices, and many times to giue his faith: - and that much more the liege vassall, who cannot giue unto manie his faith - seuerally, without exception.

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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 - on this side the Rhine, and diuers other the princes of the empire, wherein - they by oath sworne betwixt the hands of the kings deputies, solemnly - promised to serue them in their warres - against all men, except the emperour, and the king of the Romans; vowing to be - their vassals and liege men, more or lesse; some calling themselves - councellours, some other pentioners, all liege vassals: except the Archbishop - of Treuers, Elector of the empire, who no otherwise called himselfe, but the - kings confederat, and not his vassall, although he receiued his pention from - the king, as did the other princes; who for all this held nothing of the crowne - of France, but were nothing but pentioners unto the French kings, to whome they - gaue their oath to aid them, at their charge, vpon the conditions expressed in - their oathes. Onely the oath of the duke of Guelders, and countie of Iuliers, I - will for example set downe, that thereby men may iudge of the rest, in Latine - conceiued in these words, Ego deuenio vassallus ligius - - - - Caroli Regis Francorum, pro ratione quinquaginta millium - scutorum auri, ante festum D. Rhemigij mihi soluendorum, &c. viz. I - become liege vassall of Charles the French king, for the - summe of fiftie thousand crownes of gold, to be paid unto mee before the feast - of S. Rhemigius, &c. This oath bore date in Iune, in - the yeare 1401. Yea, euen betwixt kings themselves leagues were oftentimes - conceiued in such words, as that the one of them professed himselfe to be the - others vassall. As in the league made betwixt Philip of - 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 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.

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Wherefore againe to returne from whence we have a little digressed. I say - then,The vasia ought first to - serue his most auntient Lord that the emperour Charls the fift could not yeeld his liege fealtie and homage unto the - pope without exception, considering that he was liege man, peere, and naturall - subiect unto the French king, and that the seruice and homage is inseparable - from the person. And admit he were not the kings subiect, but his liege man, or - not his liege man but his vassall onely; yet so it is, that in tearmes of right - the liege homage is due unto the most auntient, and that the vassall ought to - serue his most auntient Lord. But if the lords be equall, and yet at variance - amongst themselves for the seruice, hee oweth aid neither to the one nor to the - other: For that in matter of seruices or seruitude, the seruice (for the indiuisible nature therof) is letted by the - concurrence of them to whom it is to be done. For amongst equals the condition - of him which forbiddeth (the seruice) is better: howbeit that in question of - simple alliance, the aid is due unto him that is wronged and inuaded in his - countrey against the other common allie which maketh warre vpon him, as it - commonly falleth out if the assailant have no iust cause, and that after - denuntiation to him giuen by the common allies to come to some reasonable - agreement, he refuse so to doe.

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But most certaine it is, that the naturall subiect ought alwayes to preferte - his naturall lord aboue all, if he bee present; as him - to whome he is first bound, & from whom he - cannot exempt himselfe. And therefore in the decrees of king Lewes the eleuenth, and of Philip the second, - duke of Burgundie, made for the order of Fraunce, the xiij article, and for the - order of the golden Fleece, the ix article, it is set downe, That the knights - of what prince soeuer it be, ought to aid their naturall lord, whose liege men - they are, and the countrey wherein they were borne, against him that shall make - war vpon them, without any blemish to their honour; prouided that their - naturall lord be there in person, and not otherwise, and that they signifie so - much unto the chiefe of the order whereof they are knights. Whereby it - appeareth that the emperour Charles the fift could not - giue his faith unto the electors of the empire, but with reseruation of his - fealtie unto the French king, and afterward unto the Pope. For beside the - kingdome of Naples and Sicilie, holding of the - pope immediatly and without meane, hee was also his vassall and liege man for - the kingdome of Arragon, as I have red in the records taken out of the Vatican▪ - where the graunt giuen by Peter king of Arragon is set - downe in these words, Ego Petrus Dei gratia Rex Arragonum, - Comes Barcinonae, Dominus - - The act of the oath of the king of Arragon giue to the - pope. - - Montispessulani, cupiens praeter Deum, principali beati - Petri, & Apostolicae sedis protectione muri, - tibi reuerendissime pater, & Domine summe Pontifex Innocēti, & pro - te, sacrosanctae Romanae Ecclesiae, & Apostolicae sedi, offero regnum - meum: illudque tibi pro remedio animae meae primogenitorum meorum constituo - censuale, vt annuatim de Camera Regis ducenta quinquaginta Massimitinae - Apostolicae sedi reddantur: & ego ac successores mei, specialiter & - fideles & obnoxi teneamur: hac autem lege perpetua seruandum forum - - - - decerno, quia spero & confido, quod tu & successores - tui, quali beati, Petri manibus in regem duxeris solemniter coronandum. - Actum Romae anno Christi 1204. In English thus: I Peter by the grace of God king of Arragon, Countie of Barcelona, Lord - of Montpelier, desiring next unto God to be strengthened with the principall - protection of blessed S. Peter and the Apostolicall See; - do offer unto thee most reuerent father and high Lord, Pope Innocent, and for thee unto the most holy Church of Rome, and to the - Apostolicall See, my kingdome; and the same for the health of my soule and of - my predecessours, I make unto thee tributarie, so that out of the kings chamber - shall bee yerely paied unto the Apostolical See, two hundred & fifty - Massimitines, & that I and my successors shall be especially bound to be - (unto you) faithfull and subiect; and by this - perpetuall law decree a court to be kept: for that my hope and trust is, that - thou & thy successors shalt lead vs as it were with the hands of blessed - Peter, to be solemnly crowned king. Enacted at Rome - in the yeare of Christ 1204. So that kingdome of Arragon was by the Arragonian - kings offered unto the Bishops of Rome, least they should for their enormities - and murders have bene well beaten. But the kingdomes of Sardinia and Corsica, - was by the popes giuen unto the kings of Arragon (as the popes guise is - bountifull to giue that is none of their owne) for which kingdome the Emperour - was also liege man unto the Pope, as I have scene by the inuestiture thereof - made unto Peter the third, king of Arragon, in this - sort, Pontifex Max de fratrum suorum ascensus, - - The inuestiture of the kingdomes of Sardinia and Corsica - granted by the pope. - - dat in feudum regnum Sardiniae & Corsicae, proprietatē - ecclesi Romanae &c. Per capam - - - - Auream te praesentialiter inuestimus, &c. Ita tamen quod - tu & successores tui, praestabitis homagium ligium, vassallagium plenum, - & fidelitatis iuramentum, &c. Et centū equites armatos, & vno - equo ad arma, & duobus equitaturis adminus per quēlibet, & - quintagentis peditibus terrae vestrae de Arragonia, cum gagijs per - trimestre, a die quo intrabūt terrā Ecclesiae, &c. Et in super censum - duorū milliū marcarū argenti bonorum, & legaliū strelingorū: - vbicun{que} fuerit Romanus Pontifex in festo▪ beatorus Petri & Pauli, - annis singulis, sub poena excommunicationis post quatuor menses, &c. - & post tertium terminum non solueris, tu haeredes{que} tui, a dicto - regno Sardiniae & Corsicae cadetis ex toto, & regnum ad Romanam - - - - ecklesiam reuertetur. viz. The great bishop by the - assent of his bretheren, doth giue in fee the - kingdome of Sardinia and Corsica, the inheritance of the church of Rome, - &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 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, - wheresoeuer the pope shall be in the feast of the blessed Apostles, Peter and Paul, euerie yeare, vpon paine of - excommunication after foure moneths, &c. and if after the third time thou - shalt not pay it, thou and thy heires from the - said kingdome of Sardinia and Corsica, shall altogether fall; and the same - kingdome shall againe returne unto the church of Rome. And after that, Iames king of Aragon, did also like homage at Valence, - betwixt the hands of the popes legate, in the yeare 1353, with reseruation unto - the pope of appeales, put in by the clergie, and abolishing of the lawes and - customes brought in by the kings of that country. I finde also that Ferdinand, and after him Alphonsus, kings of Aragon, did the like fealtie and homage in the - yeare 1455. And in the publike records of the court of Rome, are to be seene - the names of the vassall kings set downe in this order: the kings of Naples, - Sicilia, Aragon, Sardinia, Hierusalem, England, Ireland, and Hungary. And this - is the old description of such princes as 380 yeres ago, yeelded their - fealtie & homage unto the bishops of - Rome. And since the kingdom of Portugall, wasThe kingdom of - Portugall holden of the pope. by the valour of Henry of Benonia, taken from the Moores, the - kings thereof made themselves vassalls unto the bishop of Rome, and payd the - yearely tribute of two thousand duckats into the bishop of Rome his treasure. - And therefore Innocent the fourth, bishop of Rome, by - his letters admonished the princes of the kingdome of Portugall, to appoint - ouerseers to their prodigall king, who should also take vpon them the - gouernement of the kingdome. And as for the Islands of the Canaries, Nigaries, - - The islands of the Canaries▪ holden of the pope. and - the Gorgonides; the emperour holdeth them also of the - pope. We also reade, that Lewes king of Spaine, did - fealtie and homage unto the pope, in the yeare 1343, with charge to pay yearely - into the chamber of Rome, foure hundred florines of the weight and coine of Florence. And as for the remainder of - the westerne Isles, and of Peru, it is certaine that pope Alexander the sixt, diuiding the new world betwixt the kinges of - Castile and Portugall, expresly kept unto himselfe the inheritance, the - iurisdiction and soueraignetie thereof, by consent of the two kings; who from - that time made themselves his vassalls, of all the purchases and conquests by - them already gained, and that they should from that time forward, gaine or - make, as the Spaniards themselves have written. In like manner pope Iulius the second, gaue unto Ferdinand king of Spaine, Charles the fift, his - grandfather by the mothers side, the kingdomes of Granado and Nauarre; when he had driuen the - Moores out of the one, and Peter D'Albret out of the - other, vpon condition to hold them by fealty and homage of the church of Rome. For albeit that Charles the fift, the emperor pretended right unto the kingdome of Nauarre, by reason of the donation to him made by Germaine D'Foix, second wife unto king Ferdinande: yet so it was, that his ambassadours and deputies, when - they came to the conference, seeing that their donation to want sure - foundation, doubted not to pretend the popes interdictions, as the surest stay - of their most vniust rapines. And the cause of the interdiction was, for that - Peter Albret, king of Nauarre, - would not at the command of pope Iulius the second, - breake faith and friendship with Lewes the xij, the - French king, who was first called father of his country, when as hee was king Lewes his liege vassall, - and no way bound unto the pope. So that there remained - - The maiestie of Charles the fift impugned by this French - author. no kingdome, no not any little territorie or peece of ground, - which Charles the emperour held not by fealtie aud - homage, or whereof he could call himselfe a soueraigne. For as for the Islands - of Maiorca and Minorca, they were long time before reunited unto the kingdome - of Aragon, after that they were taken from the heires of Iames the Fortunate. And in the Low-countries, he had nothing which - was not of necessitie holden of the crowne of France, or of the empire. And - albeit that our princes have by diuers leagues, granted the principalitie of - Flanders and Artoise unto Charles the emperour, yet - remaineth there a country in Burgundie, which they call the countie of - Charrolois, the proprietie whereof belongeth unto the king of Spaine, but the - soueraignetie thereof unto the French king, and is by the king of Spaine holden - in fealty: so that euen for that, he is to - ackdowledge himselfe to be our kings vassall. As forTitle - pretended by the French unto the kingdom of Castile. the kingdome of - Castile, no man doubteth (which hath but looked into the Spanish affaires) but - that the kingdome of Castile by inheritance, descended unto king Lewes the ix. of France, in the right of Blanch his mother: yea, and the nobilitie of Castile by - solemne acts, which are yet extant in the records of France, inuited king Lewes to have taken vpon him his mothers kingdome. - Howbeit I doubt not, but that the Spaniards will reply, that Blanch, the daughter of Lewes the ix. married - the king of Castile, vpon condition that all such right unto the kingdome, as - might have fallen unto her father, should now be giuen unto his sonne in law: - which thing Lewes could not doe unto the preiudice of - his successours; without the consent of the states: ioyning thereunto - also that the French kings daughters or - sisters, when they are bestowed and married, can receiue nothing but money of - the royall possessions of the crowne of France▪ And albeit that some may thinke - that the French king might giue those lands unto his daughter, as not yet - vnited or incorporate into the crowne of France; yet neuerthelesse there is yet - extant in the records of France, a league made in the yeare 1369, betwixt king - Charles the fift and Henry - king of Castile, then driuen out of his kingdome, whereby I have seene, that - Henry promised as well for himselfe, as for his - successours, to become vassall, and to hold his kingdome of Castile, of the - kings of Fraunce: for that by the meanes of the king of France, he was againe - restored into his kingdome. Seeing then that the kingdome of Castile is - hereditarie descending unto the heires both - males and females, the successours of Henry are bound - unto his deedes and promises. True it is, that the promise of Henry had not power to preiudice his successours, neither the estates - of Castile, without the consent of whom, the treatie was made, if the realme of - Castile had not beene hereditarie. But of the kingdome of Fraunce, it is - otherwise to be thought and determined. And therefore it was by the wise - resolved, that Phillip the Faire, the French king, could - not make Arthur duke of Britaine, vassall unto the king - of England, without the dukes consent; except he would by the same right, giue - vp his kingdome of France unto the king of England, which he could by no - soueraigne power doe, without the consent of the estates of France. For - otherwise, his yeelding of it vp, should be to none effect or purpose, no more - then that of king Iohn - - of Fraunce, made unto the king of England in - the treatie at Calais, wherein he withoutThe author haply is - in this partiall, or mistaken. consent of the - states, yeelded unto the king of England, all the right and title he had in the - kingdome of France: which was againe disanulled by the treatie of Chartres, whereby the king of England refused that right - giuen unto him by such yeelding vp. The same is to be thought of the league of - Tricasse, wherein Charles the sixt, without the consent - of the states, yeelded the kingdome of France unto Henry - the fit, king of England. And therefore pope Martine could by no request of the English, be perswaded - to ratifie that league, but called Charles the seauenth, - sonne to Charles the sixt, by - the name of the French king: for that the kingdome of Fraunce is neither - deuolued by right of succession, (which they - tearme from one intestate,) neither by testament, neither by resignation, but - by vertue of the law royall, from which the kings themselves cannot derogat - without the consent of the estates; which is not so in the kingdomes of Spaine, - England, Scotland, Naples, and Nauarre.

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But cannot the imperiall title (may some man haply say) make him a soueraigne - which is another mans vassall? As the prince or the people making a slaue a - magistrat seemeth thereby to have also enfranchised him; whereof there is no - doubt, if he be the princes or the peoples slaue; for otherwise it is not - lawfull either for the prince, or for the people, to dispose of another mans - seruant: so neither have the German princes any power ouer other mens citisens - or subiects, such as was Charles the fift. Ioyne - hereunto - - The emperour n absolute - soueraigne. to also, that the imperiall title of the emperour - carrieth with it no soueraigntie: albeit that the emperour writing unto the - princes of the empire, vse these wordes, Wee command you, - &c. You shall do this, &c. which other princes do not toward - their own subiects: yea and that more is, that the princes electors carrie the - titles of Butlers, Esquiers, and Tasters to the emperour, yet the soueraigntie - of the empire resteth not in the person of the emperour, but in the assemblie - of the states of the empire, who are able to giue law unto the emperour, and to - euerie prince of the empire in particular, in such sort as that the emperour - hath not power to make any particular edict, neither peace nor warre, neither - to charge the subiects of the empire so much as with one impost, nor to call or - dismisse the diets of the empire, without the consent of the princes. And - that is it for which the emperour Maximilian the first, at the diet of Constance, holden in - the yeare 1507, said unto the estates (the popes legat then vrging that the - imperiall crowne was both to be requested and receiued of the pope,) That to - take the imperiall crowne of the pope was but a needlesse ceremonie, seruing to - no purpose; considering that the imperiall authoritie and power depended of the - estates of the empire: which in due place we will more particularly - declare.

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Whereby a man may easily iudge, that there are few or none absolute - soueraigneNo prince in Italie which holdeth not of the - pope, or of the empire. princes. For the Venetian Commonweale - excepted, there are no princes or Commonweals in Italie, which hold not of the - empire, the pope, or the crowne of Fraunce: which concerning the kingdome of - Sicilie and Naples, we have alreadie declared. As for the duke of Milan he is a naturall vassall of the - empire, from which hee taketh hisThe duke of Milan. - inuesture, and thereto payeth reliefe: for which the emperour Maximilian the first, in lesse than xv, or xvj yeares space, drue - thence unto himselfe, aboue three hundred thousand pounds: For king Lewes the twelfth at one time paid therfore an hundred - thousand pounds: and the Sforces had it no better cheape. For they which are - now called dukes of Milan, in the remembrance of our auncestors, that is to say - about an hundred and fiftie yeares agoe, were called but lieutenants, and the - citie it selfe but the ordinarie chamber of the empire. And so namely Iohn Galeace the second, and Barnabas his brother, in the inuestiture which they had from the - emperour Charles the fourth, are simply called - lieutenants of the empire. And Galeace the first being - accused for charging the subiects with - subsidies, without the emperours leaue, was by a decree from the emperour sent - prisoner unto the castle of Modene; where after he had of long time lived, he - at length died; whose sonne Actius being by the emperour - Lewes of Bauyere put into his fathers place, for the - summe of an hundred thousand crownes, obtained of him the first title of a - prince, in the yeare 1338. And after that, Galeace the - third, father in law to Lewes duke of Orleans, payed - unto the emperour Fredericke the third, an hundred - thousand florines, for the honour and title of a duke, in the yeare one - thousand three hundred ninetie seuen.

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- - So say we also of the duke of Mantua, who acknowledgeth - himselfe to hold of the - - The duke of Mantua. Germaine empire, and to be also a - prince thereof.

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As for the duke of Ferrara he confesseth euen at this present to hold part of - his seignorie,The duke of Ferrara. euen Ferrara it - selfe, of the pope, and therefore payeth a yearely rent or fee into the popes - coffers. For not long ago, viz. in the yeare 1372, the - marques of Este was by pope Gregory first established - his lieutenant in the city of Ferrara, reseruing unto the church fealtie and - homage, iurisdiction and soueraigntie; with condition also, that he should - yearely pay ten thousand florens of gold into the chamber of S. Peter, and to find an hundred men at armes paied for - three monethes, for the defence of the Church of Rome, so often as need should - require, as I have learned out of the Vatican records. And as for Rhegium and - Modene, he acknowledgeth him to hold them of the empire: albeit that pope Iulius the second - maintained them to be the Church fees, and in that quarrell made warres vpon - the Ferrariens and the French king, who gaue them aide: as also to have the - entire reuenue of the fee, beeing before diminished by pope Alexander the sixt, in marrying his base daughter Lucrece unto the duke Alphonsus. And true it - is, that the French kings long since tooke vpon them the defence and patronage - of the prince of Ferrara, since the time that Borsus, - first duke of Ferrara, acknowledged himselfe liege vassall unto Charles the sixt, and therfore it was unto him permitted, - that those dukes of Ferrara might beare the armes of Fraunce, the publike acts - whereof yet remaine in the records of Fraunce.

- -

As concerning the Florentines, they of long time have pretended libertie - against the - - The Florentine - - 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 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 - kings.

- -

In like case they of Luca paied unto the emperour Henrie - the fift, twelue thousand Florines to be enfranchised; Sienna ten thousand; And - Peter Gambecourt payed twelue thousand unto the - emperour Charles the fourth for the seignorie of - Pisa.

- -

But these were not true alienations, nor exemptions from subiection; but rather - simple graunts and gifts, with certaine - 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, having thrust his - armie into Italie, with the power of king Lewes the xij, - 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 - duke of Florence, by force of armes made himselfe lord of Sienna: yet so it - was, that he tooke the inuestiture therof, & yeelded therfore sealtie & - homage unto the king of Spaine, as perpetuall lieutenant of the empire. Which - is sufficient reason to show, that they of Sienna were not before enfranchised - or exempted from the empire; or if they were, why did then pope Iulius the second pay thirtie thousand ducats to Maximilian the emperour, to redeeme of him the libertie - of Sienna, to the intent to inuest therein - - . the duke of Vrbin. And yet neuerthelesse all - that letted not, but that the duke of Florence, which had conquered it by force - of armes, was constrained to take the inuestiture - thereof of the king of Spaine, and to pay therefore sixe hundred thousand crownes, which afterwards the king of - Spaine would have againe repayed unto the duke of Florence, to have restored - Sienna into the former estate; which he would not do, being enformed that the - king of Spayne would have giuen it to the duke of Parma, to reunite Placence - and Parma unto the duchie of Milan, from whence they had bene before - distracted. And how then could the German emperours, which are subiects unto - the estates of the empire, alienat the demaine and rights of soueraigntie, in - giuing the rights of soueraigntie unto the cities of Italie, or libertie unto - the tributarie people; seeing that the absolute soueraigne prince cannot so do? - no not so much as to distract one clod of the publike land, much lesse to giue - away the proprietie. For kings and other great princes (to say truely) have not - the proprietie of the publike demaines, nay - not so much as the whole vse and profit: for thatThat - princes have not the proprietie of the publike demaine but onely the bare - vse. contenting themselves with the bare vse, the rest belongeth unto - the common-weale. And for that cause the Emperour Charles the fourth, granting the confirmation of the priuileges to - 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 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 - plead the same before the emperour, or at least wise in the imperiall chamber, - where their causes are decided, and they enforced to doe as is there adiudged. And albeit that they of Genes, - who seemed to hold lesse of the empire than any one of the other townes of - Italie, where by the marques of Finall (whome they had driuen out of his - estate) summoned before the emperour Maximilian the - second, in the yeare 1559: and that they would receiue the emperour as an - arbitratour, and not as a judge or a superiour: yet so it was, that the - emperour taking vpon him the authoritie of a iudge, caused them before warned, - to be summoned, and when that after many peremptorie edicts they made not their - appearance, he pronounced sentence against them, and by an herault at armes - threatned to proscribe the territorie of Genes if they obeyed not his censure. - Now most certaine it is, that there is none but the cities and townes which - hold of the empire, that can be proscribed by - - Genes threatned by Maximilian the Emperor. the - imperiall proscription, whether it be by sentence of the emperour, or by decree - of the imperiall chamber. For the imperiall chamber could not have proscribed - Minde, Munster, Magdeburg, and others, had they not bene contained within the - bounds and power of the German empire: much lesse could the emperour have - proscribed Genes, if it had not bene within the power of the Germans. And - therfore when they of Genes had appealed from the interlocutorie sentence of - Maximilian unto the pope, they afterwards renouncing - their appeale, yeelded to the sentence, acknowledging the iurisdiction and - soueraigntie of the empire. And so at length the emperour gaue sentence for the - marques, acknowledging himselfe to be a vassal unto the German empire, whome - they of Genes would have had to have bene thiers. And since that the marques - hath by that definitiue sentence bene - maintained in possession of his marquisat, as I have seene by the letters of - Signior D'la Forest, embassadour for the king, dated at - 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 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.

- -

- - Which things although they bee so plaine as that there - ought thereof to bee no doubt, but that the - cities of Italie on this side the riuers Rubicon and Tiber, excepting some few, - are contained within the bounds of the German empire, & so have of - themselves no soueraigntie; yet is the same made more euident by the generall - consent of all the lawyers of Italie, who deny it to be lawfull for any cities - of Italie to make any lawes or customes, contrarie or derogatorie to the Roman - laws, published by the commaundement of the emperour Frederick. And that the cities of Italie either had no right of - soueraintie at al, or else renounced the same, it is manifest by that league - which was made in the citie of Constance; for in that league among such - priueleges as are confirmed unto the cities of Italie, the rights of - soueraignty are expresly excepted. And therfore Alexander - Imolensis of all the lawyers of his time the most skilful, saith, A - certaine iurisdiction to be thereby giuen unto - the cities of Italie; but not the rights of maiestie or soueraigntie to be - therefore unto them graunted, and that euen for that reason, for that the - cities doubting or disagreeing about their right, the emperours were wont to - appoint them judges and commissioners for the deciding of their - controversies.

- -

Much lesse therefore may the imperiall townes and cities contained within - theThe imperial townes and cities subiect unto appeales - made unto the imperiall chamber bounds of the German empire, pretend - themselves to have any soueraigntie, albeit that we see certaine of them to - boast of a certaine show of libertie, which they of old receiued from the - emperors; as Nuremberg from the emperour Fredericke the - first; Isne from Otho the third; Egre from Lewes of Bauyere: yea and some of them there were, which - not able longer to endure the hard bondage of their lords, princes of the - empire, set themselves at libertie, as did - the cities of Vlme, Brunswic, Lubec, and others: but that which they call - libertie, is but an old vacation from certaine seruices, and an immunitie from - customes and tributes graunted by the emperours, without any impeachment to - their maiestie. And therefore those cities which I have spoken of, honour the - maiestie of the German empire, receiue from it lawes, obey the magistrats - thereof, accept of the decrees of the imperiall chamber, and of the assemblies - of the empire: and not onely publique and priuat iudgements of princes and - cities among themselves, but also the priuat iudgements of particular men are - decided by the imperiall chamber, if appellation be made from the sentence - which exceedeth the summe of fiftie crowns. Seeing therefore that the imperiall - chamber may of the power of it selfe confirme - or disanull the iudgements of princes or cities, it must needs follow, that - neither those prinees nor cities have the power of soueraigne maiestie: For as - a certaine Poet (I know not who) saith,

- - Rescindere nunquam Dijs licet acta Deûm. - - It is not lawfull for the Gods the acts of Gods t'vndoe. - -

As for the Swissers Commonweals, we said before, them to have bene rent from - theThe Swissers Commonweal to - be subiect either to the Empire or the king of France. German empire, - as oppressed with the tirannnie of their gouernours: and yet they so honour and - reuerence the maiestie of the German empire, as that they in generall requested - of the emperour Ferdinand, to have the libertie of their priueleges unto them - confirmed: which is a certaine forme of auntient fealtie, and acknowledgement - that they hold their libertie of the empire. And albeit that some there be on - this side the Rhene, which vaunt themselves to have soueraigne power ouer their - 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 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 - his prince; and that the graunts and sufferances of the emperour, and the kings - of France could not preiudice either the crowne or the empire: wherfore we must - conclude these possessours of this maiestie by sufference, to bee subiects and - vassals either unto ou kings, or to the German - empire.

- -

And albeit that many thinke the duke of Loraine to be an absolute soueraigne, - byThe Duke of Loraine no absolute Soueraigne, but vassall - of the German empire. reason of the Armes that he beareth, being an - armed arme, saying, as it should seeme, That he holdeth nothing but of the - sword: yet neuerthelesse so it is, that in his title he calleth himselfe a - prince of the empire; which is indeed to acknowledge the imperiall maiestie. Ioyne thereunto also, that he hath vsually - receiued judges from the imperial chamber, and submitted himselfe to the - iurisdiction thereof. For as for that that hee is the last among the German - princes, nor in their ceremonies holdeth not the place of the auntient dukes of - Loraine; that is, for that he holdeth but a little, viz. - scarce the sixt part of the auntient duchie of Loraine (a prouince of the - German empire) which containeth all that countrey which lyeth betwixt the riuer - of the Maze and the Rhene. And therefore the dukes of Brabant, and the German - emperours, called themselves dukes of Loraine. So the emperour Charles the fourth, in the league which he made with Iohn the French king, calleth himselfe duke of Loraine. - But this countrey which now is called Loraine, is a part of the German empire - and the duke himselfe a vassall of the empire. - For Stephen countie of Boulongne, was in that dukedome - inuested by the emperour Henrie the first, and for that - cause acknowledged himselfe a vassall of the empire, in the yeare 1019. And Frederick of Loraine countie of Vaudemont, duke Charles being dead without heire male, before Sigismund the emperour and the fathers assembled at - Constance, claimed that dukedome of right to belong unto him, as next of kin; - for that it was an imperiall fee, whereof Isabel duke - Charles his heire, who had married Renat duke of Aniou, was not (as he said) capable: which Renat denyed it not to be an imperiall fee, but shewed - many such imperiall fees to have descended unto the daughters. And afterward - the title comming to be tryed by the sword, Renat being - ouerthrowne and taken prisoner by Frederick, could not - be before delivered, vntill that he had - married his daughter Yoland unto Anthonie the sonne of Frederick, with - condition, that if Renat died without heires male, the - duchie of Loraine should descend unto the heires of Frederick, & so unto the house of Vaudemont, as it is come to - passe.

- -

Now if so it be that the dukedome of Loraine be an imperiall fee, - comprehendedThe duchie of Lorine deuolued unto the counties of Vaudemont. within the bounds of - the German empire: neither the lord of Lumes nor the countie of Aspremont, who - are contained within the precinct of Loraine, can chalenge unto themselves any - right of soueraigntie, as they have done, seeing that it is plaine by the law, - that he which hath a limited territorie, hath but the same right ouer euerie - one of his subiects which are within the compasse of his territorie, that hee - hath ouer them all in generall; except it appeare, him by some speciall - priuiledge to be free and from the generall - 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 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 - of both parts, that in the meane time they beeing free might be as newters, - vntill the euent of the warre had decided the cause: and so at length abusing the long possession of soueraigntie, made of that - their right, which they had but by sufferance, - a perpetuitie: but as we have oftentimes before said, so wee must hereafter - oftentimes say, That neither the right of soueraigne maiestie, nor theThe right souraigntie and libertie - not to be prescribed agaist. right of - libertie, can by the client or vassall be prescribed against: and much lesse if - it be withholden by concealement or by sufferance. In like sort the countrey of - Bearne, betwixt the confines of Fraunce and Nauarre, which the kings atturney - generall in the court of Paris maintained to be a prouince holden of the crowne - of Fraunce, and disallowed of the plea of the kings atturney of the parliament - of Thoulouze, who had confessed it not to hold of the crowne, in the yeare - 1505; which although it remaine vndecided, yet the king of Nauarre for all that - by sufference holdeth it in soueraigntie. In like case the principalitie of - 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, - 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 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, - from which they also by little and little exempted themselves, without - acknowledging either duke, king, or emperour for their soueraigne.

- -

As for the dukes of Sauoy, the Italian doctors with one common errour have - holdenThe Duchie of Sauoie to hold of the empire. - them to have absolute power and soueraigntie, and to have so beene iudged by - the decree of the parliament of Sauoy: a thing altogether contrarie unto the - office of a lieutenant and vassall. And also Osazque the - first president of Piemont writeth, That the dukes of Sauoy have obtained this - power of the emperors, which they could not have as lieutenants of the empire; - as Felinus the best interpretor of the law hath most - truly written. For what can be more contrarie unto soueraigne maiestie, than to - professe ones selfe to be another mans deputie - or officer, (for so the name of a lieutenant doth signifie) or from whom - shouldest thou think thy selfe to have the power of soueraigntie in that - prouince wherein thou thy selfe bearest rule? But euen the dukes of Sauoy - themselves confesse, and all their histories declare, this prouince of the - German empire which is now called Sauoy, to have bene a fee of the same empire, - erected into a countie (holden of the empire in fealtie) by Henry the fit; and afterwards into a duchie - by the emperour Sigismund. And euident it is the dukes - alwayes heretofore, and not long since duke Charles - restored unto his countrey, to have yeelded fealtie and homage unto the - emperour: and two yeares after, viz. in the yeare 1561, - to have sent speciall letters of atturney unto the countie D'Arques chiefe chamberlaine to the emperour, to obtaine for him of the emperour another inuestiture: for - because that that which hee had before taken at Ausburg, - seemed not unto him in sufficient good forme, as I have seene by the letters of - M. D'la Forèst, ambassadour for the king unto the - emperour. But an hard matter it was to make such a forme as should be unto him - good; for that it seemeth that the title or qualitie of a perpetuall - lieutenant, doth preiudice not only unto soueraigntie, but also unto the - qualitie of a feudatarie & proprietarie in those lands which he holdeth of - another man, if it bee not by a doubtfull or improper kind of speech.

- -

- - The dukes of Saxonie and the counties Palatine are also - perpetuall lieutenants of - - The dukes of Saxonie and the county Palatine lieutenants of - the empire. the empire; but that is in the emperours absence, to doe - iustice unto the princes and imperiall townes, yea euen against the emperour - himselfe, (as shall in due place bee declared) and to all them which are of - their gouernment: which is a personall office, and not belonging unto lands; - neither can he that taketh vpon him the qualitie of a deputie, lieutenant, - o gouernour, be feudatarie or proprietarie of - those seignories that he holdeth of him whose lieutenant he is. And so the - title of perpetuall lieutenantship ought to have relation unto other countries, - without the terrritorie and demaines of his countrey of Sauoy: which neither - the Swissers, nor other princes of Italie & Germanie could endure, and much - lesse the French king, who holdeth nothing of the empire, whereby he might be - iusticiable to the lieutenants of the empire. Ioyne hereunto also, that the Emperour Charles the - fourth made Charles the sixt Dauphin of Viennois,Charles the fixt of Fraunce by the emperour made perpetual - lieutenant of the empire. his perpetuall lieutenant, the xiiij day of - Ianuarie, in the yeare 1378. And for that he was but nine yeares old, he gaue - him the priuelege of his age, by a most ample and gracious charter, whereunto - hang seales of gold, which I have read in the records of our kings. But withall - made him perpetuall lieutenant of the kingdome of Arles, (excepting onely the - countie of Sauoy) and that more is, gaue him power of life and death ouer the - subiects of the empire; with power also to conferre honors, to impose and raise - taxes, and from the same to exempt whome he saw good, to receiue appeales made - unto the emperour, to make peace and warre, to giue laws unto the subiects, and - to disanull and abrogat the same, and such other like. This lieutenancie was - for all the kingdome of Arles, which extended - from the mountaine Iura (commonly called saint Claudius - mount) and the riuers Araris and Rhodanus, unto the Alpes, and the sea of - Genes; all which the imperials have alwaies pretended to be holden of the - empire. But the earles of Prouince have long since exempted themselves from the - German empire, amongst whome was Raymund the last, one - of whose daughters was married unto Lewes the ninth, the - French king, and the other unto Charles duke of Aniou, - by which meanes the countie of Prouence is come to the house of Aniou, & - from thence by the bountie of countie Renat, unto the - crowne of Fraunce. Albeit that Philip Valois - - The soneraignty of the kingdome of Arles bought of the - emperour by the French king. the French king, had bought of the - emperour Henrie the fit, the - soueraigntie of all the realme of Arles, without excepting either the countie - of Sauoy, or the principality of Oreng, or - Beiauieu, which was afterwards giuen to Lewes duke of - Burbon; either of the countie of Prouence, which was then in the house of - Aniou; either of the franke countie, which was giuen to Philip the hardie, by the emperour Charles the - fourth, in the yeare 1362, being deuolued to the empire for want of heires - male. And the sale of soueraigntie of the said kingdome of Arles, was made for - the summe of three hundred thousand markes of siluer, with promise to cause it - to be ratified by the princes of the empire, who afterwards consented - thereunto: of which their confirmation the emperour gaue Iohn king of Bohemia suretie, who sold also the towne of Luques unto - the same king, for an hundred and fourescore thousand florines of gold, in the - yeare 1330. The contracts, ratifications, and quittances, are yet in the - treasurie of Fraunce to bee seene, from whence - I have the exemplifications conferred with the originals, wel worthy to have - bene seene of them who were deputed for the affaires of Sauoy, in the yeare - 1562. But that me thinke well worth the marking, that in the deedes of bargaine - and sale, are comprised all the lawes of soueraigne maiestie, which the German - emperours giue unto themselves in all the prouinces of the kingdome of Arles: - wherein are contained the Sauoians, they of Belloioci, they of Prouence, they - of free Burgundie, which the emperour Charles the fourth - gaue to Philip duke of Burgundie to bee possessed in the - imperiall right, the issues male of the counties fayling. Whereby it is - manifest the French kings to have the right of - soueraigne maiestie ouer all the people of the - kingdome of Arles, and not therefore to owe any fealtie or homage unto the - Getman empire.

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And at the same time as it were the emperour Lewes of - Bauatia made Edward theEdward the - third King of England made perpetual Lieutenant of the Empire third, - king of England his perpetuall lieutenant; and by his letters pattents gaue him - power to make lawes, and to administer iustice to all the subiects of the - empire: and that all the subiects of the empire should obey him, and in his - name to yeeld unto him fealtie and homage: which was an occasion rather sought - for, than offered, for him to make warre vpon the French king, who then held - Cambray and the castles of Creueceur, and Payerne, - members of the empire: for that by the auntient leagues made betwixt the French - kings and the emperours, it was prouided, That they should not one of them take any thing from the other, or molest one - the others sublects; as was declared unto king Edward by - the imperiall princes allied with him, and then assembled in the towne of Hale: - which is a most certaine argument that the kings of Fraunce holdThe Kingdome of France not to hold any thing of the - Empire. nothing of the empire; neither that the emperours have any - right in that kingdome. Which is also expresly set downe in the contract of - purchase of Philip Valois, which I have here before - rehearsed, which beareth this clause: And the kings and - 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 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 - libertie to vse his owne power, which he did in great choller and displeasure. - And this was done by the expresse commaundement of the king, Charles the sixt, to couer two notable errors that had bene before - committed: the one passing by sufferance, in that the emperour Sigismund being magnifically receiued at Paris, and as - beseemed the kings vncle, had place in a royall seat in full parliament; and - the other, that afterwards he was suffered to make Seneschal - D' Beaucaire knight; although the court had in this last point - admonished the king, that unto him onely it belonged to make knights in his - owne kingdome; as it had twice before bene solemnely iudged by two decrees - against the counties of Flaunders and Neuers. Which I have the more willingly noted, to show the errour of Alciat, who hath maintained, that theAlciat and Bartholus taxed. French king is subiect to the empire; - which is a wilfull errour or ingratitude, considering the entertainment he had - in Fraunce to teach and write the truth: which I thinke not to have proceeded - from him of ignorance, but in favour of the emperour Charles the fift, who drew him to Pauie, and there doubled his - salarie: or els to the imitation of Bartholus, author of - that errour, who writ the same things of the French kings that Alciat did: at such time forsooth as he was by the - emperour Charles the fourth of a bastard not onely made - legitimat, and by him ennobled, but power also giuen him to take the benefit of - age to him and his, which should professe to teach the lawes, with armes also - answerable unto his dignitie and honour: viz. a Lyon - Azure in a field Argent. For which so many and - so great benefits he writ all them to be heretikes, which should deny the - German emperour to be lord of all the world: which hee seemeth to have gathered - of the words of Antoninus Augustus, unto the law Rhodia; - I am (saith he) the lord of the - world, and law of the sea: which words seeing they were spoken but for - ostentation sake, and for the augmenting of his honour, lesse need to bee - refuted; seeing that the Roman empire when it was at the greatest, (which was - in the time ofThe Germane Empire not now the tenth part of - the Romane empire. - - Traian the emperour) contained scarce the thirtieth part - of the world, and that the German empire is not now the tenth part of the Roman - empire. And yet the emperour - - Sigismund sick of that incurable disease of ambition, - sought to have brought every mans gouernment - 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 - good to chaunge the name of the Great Duke (whereby he - was called) although he had of himselfe shaken off the seruile yoke of the - Tartars, least in so doing hee might seeme to have attributed his power and - soueraigntie unto the Germans.

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We see also that the Germaine Emperors have sent the royall Crownes unto - theThe kings of Polonia hold nothing of the - empire. Dukes of Polonia, before they were by the Pope suffered to - beare the Royall title; which they refused: and yet certaine it is, that the - Kings of Polonia neuer held any thing of the - Empire. Oftentimes indeed the Germaines have attempted to have subdued the - Polonians, whose vaine attempts the Polonians have not onely repulsed, but also - ioyned unto their kingdom the countries of Silesia and Prussia, both rent from - the body of the Germaine Empire. Which when the Prutenian knights had taken in - euil part, and thereof oftentimes complained to the states of the empire, yet - the emperors thought it not good for to attempt any thing against the - Polonians, by whom they had knowne the imperiall armies to have been many times - repulsed and ouerthrown. And yet for all this, the Polonians refused not to - take their royall scepters from the bishops of Rome. True it is that the - bishops of Rome of long time striue with the GermaineThe - fruit that came of the strife betwixt the German emperor and the pope for - the soueraign tie of the Christian Commonweale. emperours for the - soueraigntie and chiefe gouernment of the Christian Commonweale, and as chiefetaines of the faction, drew all the - Christian princes and cities into armes; so that many cities and Commonweales, - especially in Italie, were at such mortall hatred amongst themselves, as that - they receiued not greater harme from the enemies of the Christian religion and - name, than they did from one another. Neither wanted there some which writ in - earnest, al Christian kings to be the bishop of Romes clyents and vassals; and - in case that they were foolish, furious, or prodigall, that they might have - ouerseers appointed ouer them by the pope: which we have before said, to have - been done by pope Innocent the fourth, against the king - of Portugall. And albe it that pope Innocent said, That - his meaning therein was not in any thing to preiudice the regall power, in - appointing such an ouerseer; yet did not his sayings at all agree with his dooings. Pope Vrban - the fift also made no doubt, to make legitimate Henry - the bastard king of Castile, so to thrust out of his kingdom his brother Peter, borne in lawfull wedlocke: who therevpon, by the - power of the French, was not onely thrust out of his kingdom, but saine also by his bastard brother. Some there have been - alsoThe immoderat and absurd pow er which some attribute - unto the pope. which have passed further, saying that the pope hath - 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 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, - have no better reason for that they say, than the authoritie of pope Gelasius, who hath written, That the pope hath power to - dispoyle all kings and princes of their soueraigntie and power. And some others - there be which have maintained, That appeales may be made from all people and - princes unto the pope, That there is none but the emperour and the pope which - can reuoke their owne decrees, and deptiue other kings and princes of their - soueraigntie and rule; That there is no prince but hee, unto whom the pope hath - confirmed his principalitie: And that which of all other is most absurd, that hee of himselfe may giue priueleges, exemptions, - and immunities unto another princes subiects - contrarie to the decrees and lawes of all princes; and that he is the only and - supreme vmpiere and judge of all mans lawes. And what maruell if he rule ouer - princes, which commaundeth ouer angels? For so truely Clement - V. P. M. doubted not to commaund the angels. Yea some there be that - have written, That so often as the pope shall put this clause to his rescripts, - De plenitudine potestatis, Of the fulnesse of our - power: so oft doth he therein derogat from the lawes of all princes. And albeit - that some have holden also, That we must rest vpon that that the pope saith, - without farther enquire of the veritie therof; yet so it is neuerthelesse, that - Baldus hath written, That a man may say unto him, Salua reuerentia vestra, By your reuerences leaue. And - vpon the maxime set downe by the canonists, That the pope can - do all: the diuines graunting it to be - so, do yet more subtilly, and as it were in two words moderat the same, Claue non errante, The key not erring. And forasmuch as - it is every good subiects part to maintaine the greatnesse and maiestie of - their owne princes, I will not enter into the disputes of Iaques de Terranne the popes chamberlaine, nor of Capito, nor of M. Charles du Moulin, and - others, who have oftentimes ouershot themselves either of set purpose, or els - pressed with violent passions, have vnawares entred into matter of religion, - 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 understood, who be absolute soueraigne princes; and - whether the other princes be subiect unto the - emperour, or the pope, or not.

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For at the beginning, after that pope Gregorie (he which - first called himselfe the seruantThe beginning of the popes - greatnes. of the sernants of God) had obtained of Phocas emperour of Constantinople, the prerogatiue ouer all the - bishops; his successours after turning the spirituall power into the temporall, - by little and little still encreased their power, in so much that the princes - as wel for the fear they then had towards God, as for the dignitie of the - prelacie, began to reuerence them much more than in former times; but much more - after that the empire of the East began to decline, which was after that the - popes had by their interdictions forbidden the people of Italie their obedience - unto the Constantinopolitan emperours, or to pay them any tribute; vpon - occasion taken, that Leo the emperour, surnamed Monomachus, or the Image breaker, and also Thomas the - emperor, had caused the images of Saints to be cast downe and broken: wherewith - the people moued, and enraged with the authoritie of the bishop of Rome, slew - Thomas in the temple of Saint Sophia. Wherefore the power of the Greeke empire being weakened in the - East, by the incursions of the Barbarians; and the Greeke emperors out of hope - againe to recouer Italie; the kings of Lombardie then also doing what they - might to make themselves lords of all Italie, and the popes also on their parts - no lesse desirous to have therein a share, and finding themselves too weake to - make their partie good against the Lombard kings, vppon this difference cast - themselves into the protection of the kings of Fraunce, who then were the - greatest Monarches of Christendome; wherein - they were not of their hope deceiued. For hereupon, Pipin GrandeThe popes put themselves into the - protection of the French Kings, Pipin and Charlemaigne his sonne, the popes - great champion. Mr. of Fraunce (a man of great wealth and power, who - then disposed of all the affaires of the realme) with a great army passing ouer - the Alpes, ouerthrew and discomfited the power of the Lombards, and afterward - 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, - 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 - should giue unto the Church of Rome the Exachat of - Rauenna, which contained thirtie cities, and the prouince of Pentapole, which - contained sixteene cities moe: which he after the victorie performed, laying - the keyes of the said cities vpon Saint Peters altar: - yet reseruing unto himselfe and his successours in the crowne of Fraunce, the - soueraigntie of both the prouinces; and that more is, power also to chuse the - popes. Whereunto the pope not onely willingly graunted, but almost persuaded - Pipin to take vppon him the name of an emperour: - which title none then used, but the emperours - of Constantinople. But Pipin being dead, the Lombards - againe tooke vp armes, to the great disquiet of the popes, who againe had - 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 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, 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 - chusing of the chiefe Bishop. Yet Guitard, a good - antiquarie, who lived in the same time writeth, 3 popes successiuely to have - come into France to excuse themselves to Lewes the - Gentle, That they had beene by the clergie of Rome constrained to accept of the - papal dignitie, beseeching him to confirme the same: which he either as a man - not desirous of glorie, or els fearing to prouoke the clergie (being then in - great authoritie) did: of which his error he afterwards though to late full - sore repented him; being by the colledge of cardinals constrained to yeeld vp - his cowne, & to make himself a monke, and the queene his wife a nunne, shut vp apart from - her husband in a cloister with other nunnes, who yet were againe afterwards - delivered by the princes and nobilitie of Fraunce, (disdaining to see the pride - of the clergie) and so againe restored unto their former honours.

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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 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 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 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 understood to mannage matters of state than had his predecessours, and - was the first that used 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 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 - asto withstand the popes, but thatThe increasing of the - popes power. they still by little and little extended their power and - gouernment: which especially hapned at such time as Guiscard the Norman had subdued the kingdome of Sicilie and Naples, - taken from the Greekes and Moores; who to weaken the power of the Germans, and - to raigne himselfe the more safely in Italie, ioyned hands against them with - the Bishops of Rome. But the posteritie of Guiscard - being dead without heires male, left the kingdome of Naples and Sicilie unto a - woman their heire; married unto the German emperor Frederick the second, who going into Italy, there to confirme his - power, made choice of another pope (one of - his own fauorites) than was he whom the colledge of cardinals had before - chosen: which was pope Innocent the fourth, a man both - for his birth and learning famous; who driuen out of Italie, and comming into - Fraunce (the popes surest sanctuarie) and strengthened with the wealth and - power of Lewes the ix, the French king (whether it were - for reuerence of him the pope so solemnly by the cardinals chosen, or to weaken - 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, 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 - so contented, called in Charles of France, duke of - Aniou, brother to king Lewes the ix, whome he inuested - in the aforesaid two realmes of Naples and Sicilie, reseruing unto the See of - Rome the countie of Beneuent; fealtie, homage, iurisdiction, and soueraigntie - for the rest; with a yearely and perpetual fee of eight thousand ounces of - gold, as we have before said. After which time the house of Arragon, which by - right of kindredWhy the kings of Arragonmade themselves the - popes vassals for the kingdomes of Naples and Sicilie, and submitted also - unto him the rest of their kingdoms. succeeded the posteritie of Manfred, being alwaies at oddes with the house of Aniou, - and so in continuall warres for these kingdomes of Naples and Sicilie; and - seeing it not possible for them to recouer them so long as the pope was their - enemie, they - - ound meanes to gaine the popes favour, and so made - themselves the popes vassals, not onely for the kingdomes of Naples and - Sicilie, but also for the kingdomes of Arragon, Sardinia, Corsica, Maiorque, - and Minorque: which they partly did also for to obtaine the popes pardon for - their offences, as we have before said. The bishops of Rome in the meane time - out of the troubles of these two great houses, encreasing their owne power and - profit, peaceably enioyed the territorie about Rome, Spolet, and Beneuent, with - a good part of Tuscanie, by vertue of the donation which wee have before spoken - of.

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As for the citie of Rome, sometimes mistresse of the world, they brought it - 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 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 - popes chamberlaine writeth, and as it well appeareth by the Vatican - records.

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Now if there were any soueraigne prince that were a tyrant, or an heretike, or - thatThe great daun, get princes were sometimes in by - reason of the popes excommunication. had done any notorious crime, or - not obeyed the popes commaund; hee was by the pope forthwith excommunicated: - which was occasion enough to cause his subiects to - reuolt from him, and to arme other princes against him which was so - excommunicated; who then had no other meane - left to be againe receiued into favour, but to make himselfe feudatarie to the - Church of Rome, and the popes vassall. As I have before said of Iohn king of England, who made himselfe vassall to Innocent the third, for the murther committed in the - person of young Arthur duke of Britaine. And augmented - also the feodall rent of England, for the murder committed by the commaundement - of the king of England, in the person of Thomas - Archbishop of Canterburie. As in like case it chaunced for the murther - committed in the person of Stanislaus archbishop of - Guesne, by the commaundement of the king: for which the pope excommunicated the - king, and tooke the roiall title from the kings of Polonia; enioyning also - their subiects therefore (as some have written) to shave their heads behind, in - such sort as we yet see them to doe: which - whether it be true or no, I dare not to affirme, neither could the Polonians - tell me the cause thereof when I asked it of them: but manifest it is by - auntient records, that after the murther of that bishop, the kings of Polonia - all thought they had the power of soueraigne maiestie, yet were they called but - by the name of dukes, vntill the time of Lucold duke of - Polonia, who receiued the royall crowne and title, of pope Iohn the xxij, vpon condition to pay into the popes coffers a certaine - yearely tribute, which is yet at this day paid for the lampe of Saint Peter, as we - - Thomas Cramerus. Soveraigntie by the pope pretended - unto the Kingdome of Hungarie. read in their histories. And beside - those kingdomes which wee have spoke of, viz. England, - Arragon, Naples, Sicilie, Hierusalem, Polonia, Sardinia, Corsica, and the - Canaries, all feudataries or tributaries unto the popes, or els both together; - they have also pretended the soueraigntie of - the kingdome of Hungarie, to belong unto them, and so it is comprised in the - Catalogue of the Chauncerie of Rome. And I have seene in the Vatican Register, - an act dated in the yeare 1229, whereby Ladislaus the - first, king of Hungarie, promiseth his obedience unto pope Benedict the xij, and acknowledgeth that he ought to receiue the - crowne at his hands. And by another act of Ladislaus the - second, king of Hungarie, excommunicated for the disobedience by him committed - against the popes Legat; for to have his obsolution, he bound himselfe to pay - yearely into the popes chamber an hundred markes of siluer; which obligation - beareth date the yeare 1280. Yet in the same Vatican register, dated in the - yeare 1308, whereby it appeareth also, the barons of Hungarie to have sharply - opposed themselves against the popes Legat, - alleaging Saint Stephen the first king of Hungarie, to - have receiued his crowne of the pope, and that they would not endure the pope - to have any such prerogatiue ouer them: and yet neuerthelesse they letted not, - but that the king by themselves chosen, might if so pleased him cause himselfe - to bee crowned by the pope. And in the end of that act are many decrees of the - popes legat, concerning the state of that kingdome, with prohibitions to the - kings of Hungarie for alienating any the demaines of the crowne: which may - seeme to have bene the cause that Andrew king of - Hungarie, was by Honorius the pope cited to Rome, to - show why he had alienated part of the publike demaines. Innocentius also the third expresly enioyned the king of Hungarie to - fulfill his dead fathers vow; threatning if he should refuse so to doe, to - depriue him of his kingdome, and to giue it to - him that was next of kin. Which a man need not to thinke strange in those - times, seeing that at the same time wee see the prohibitions made by the pope - unto the counties of Tholouze, (and inserted into the Decretals) that they - should not raise any new charges vpon their owne subiects. As for the kingdome - of Hierusalem and Syria, wonne by Godfrey of Buillon and - his allies, it is manifest that he therefore professed himselfe to be the popes - vassall, and to hold it of him by fealtie and homage: besides that we find it - comprised in the Catalogue of the feudatarie kings of the church of Rome. And - as concerning the Grand Masters of the honourable order - of S. Iohn Hierusalem, which was composed of eight - sundtie people - - The Grand Master of S. Iohn Hiersualem feudatarie both to - the king of Spaine and the pope. of diuers language, they were - alwayes inuested by the pope, and yet do fealtie and homage unto the popes for - the soueraigne power which they have ouer the knights of their order: albeit - that they did homage also unto the emperour Charles the - fist, for Tripolis in Barbarie, before it fell into the hands of the Turke: as - now also they doe at this present unto the king Catholike, for the isle of - Malta, which was vpon that condition giuen them.

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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 under the same - colour of religion, have taken also the rest that was yet left, from Ione - - 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 understand, unto whose - maiestie the proscription of that most honourable queene might well have seemed - preiudiciall.

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For many were of opinion that the pope was absolute soueraigne lord of all the - kingdoms of Christendome. And in our age, at such time as Henry the eight, king of England, was reuolted from the pope, the - earle of Aisimund, an Irish man, sent letters unto Henry - 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 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 - warres against the French king, when as yet it was most manifest those cities - to depend of the German empire. Of Parma, and Placence there is no doubt; and - the rest they confesse Maud the countesse to have had by - inheritance, holden by fealtie of the emperours, which she gaue to the church - of Rome.

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Now if we graunt the aforesaid cities might have beene giuen unto the bishop - ofThe pope of right vassall unto the German empire for - the cities he holdeth thereof in fee. Rome, and to have bene indeed - giuen, as the bishops themselves vaunt; they must also confesse themselves to have bene vassals unto the German - empire. But for that it seemed a dishonour to the bishop of Rome, which said - himselfe to have power ouer all princes, to be accounted a vassall and client - of the emperours; they said (but falsly) the soueraigntie of all the cities of - Italie, which were within the dominions of the Church of Rome, to have bene by - the emperours graunted unto the bishop of Rome. And to exempt themselves, they - produce a donation which I have read in the Vatican register without date or - name of bishop, whereby Otho the emperour (but which Otho it is not said, when as there have bene foure of - that name) doth giue unto the church of Rome Pisaurum, Ancona, Fossabrum, and - Ausun. Other letters pattents also there is of the emperour Otho the fourth, unto pope Innocent the third, - conceiued in these words, - - Ego Otho quartus rex Romanorum semper Augustus, tibi domino - meo papae Innocentio tertio, tuis{que} successoribus ecclesiae Romanae, - spondeo, polliceor, & iuro, quod omnes possessiones Ecclesiae, - &c. I Otho the fourth, king of the Romans, - alwayes victorious, do auow, promise, and sweare, to thee my lord pope Innocent the third, and to thy successours of the church - of Rome, that all the possessions of the Church, &c. And that which - followeth after, containeth a most copious confirmation of all the lands and - cities which then were in the dominion or patrimonie of the church of Rome, - whether they were giuen by the emperours themselves, or by any other lords or - princes whatsoeuer: in the number of which cities are - these contained: Comitatus Perusiae, Reatae, Saluiae, - Interamnae, - - - - Campaniae, nee non Roman, Ferrariam, &c. Marchiam, - Anconitanam, terram Comitisse Matildis & quecunque sunt circa - Rodicofanum vsque Ceperanum, exerchatum Rauenne, Pentapolim cum alij terris, - &c. The same forme of confirmation is in the Vatican records to be - seene, both of Rodolph the emperour, and Charles the fourth, bearing date the yeare 1289, and - 1368, importing that they also out of their aboundance gaue unto the pope and - to the church of Rome so much as should be needfull, and all that which Henrie the fift his grandfather had before giuen and - confirmed unto the church, that so all the occasions of discord which had - before bene betwixt the emperors & the popes, might be altogether taken - away. So that if these donations be good, the popes are exempted from their - fealtie and homage due unto the emperours, by reason of the fees that they hold and which are members of the German - empire. But if the emperours could not without the consent of the princes and - cities of the empire, giue away the publike territories and rights of - soueraigntie; and that the imperiall and publike territories cannot be - encroached vpon; and much lesse the right of soueraigntie and patronage, whose - authoritie for euer ouer the subiects and vassals cannot bee prescribed - against; it must needes follow, the popes to bee the vassals of the German - empire.

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The same we may say of the election of the bishops of Rome, which the - GermanRight pretended by the German Emperours to the - election of the pope. emperours pretend of right to belong unto them. - For the emperour Frederick the second to have absolution - from pope Innocent the fourth, caused to be delivered - unto him his letters pattents, sealed with a - seale of gold, dated the yere 1229: whereof I have seene the extract, and of - his empire the seuenth, and of his raigne in the kingdome of Sicilie the xxij. - Whereby he entirely renounceth the right of election which he had in the - creating of bishops, vsing these words, Illum abusum abolere - volentes, quem quidam praedecessorum vt electiones libere fiant & cnonice, Wee willing to abolish that abuse which - some of our predecessours were knowne to have exercised in the elections of - prelats, graunt that those elections may be freely and canonically made. By - which words he seemeth to renounce not onely the creation of the bishop of - Rome, but all other bishops also. Howbeit that in truth that right of chusing - of the popes belonged to the kings of Fraunce, and not unto the German princes, - who have but vsurped the name and title of - emperours, got by the prowesse and force of Charlemaigne - king of Fraunce, and by him left unto his successors the kings of Fraunce, and - not unto the kings of Germany: for so they were called in all the auntient - treaties and histories of Germanie and Fraunce, and not emperours, except those - which were crowned by the popes. But after that the power of the German kings - was farre spred in Italie, they then sought to vsurpe unto themselves that - right of chusing of the bishops of Rome: whether it were for the encreasing of - their owne wealth and power, or for to take away the ambition and foule - corruption then used in voyces giuing, and in their elections. For the emperour - Henrie the third thrust out of his papacie Gregorie the sixt, chosen pope by the clergie, and set - Clement the second in his place; and afterwards - - - Popes chosen and placed by the Germane emperour. - compelled the clergie to sweare, not from thenceforth to admit any into the - papacie, without the consent of the German emperours; as we have learned out of - the Vatican records. But Clement the second being dead, - the colledge of Cardinals sent ambassadours unto the emperour to appoint whome - hee thought good to bee pope, who appointed Pepon, - 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 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 - grieuous paine of excommunication, forbad all lay men to bestow any - Ecclesiasticall liuings or benefices vpon any whomsoeuer: And also - excommunicated the emperour Henrie the fourth, for - disobeying his commaundement in creating of bishops in Germanie. Wherewith the - emperour moued, and with his armie passing ouer the Alpes, chased this Gregorie the seuenth out of the citie, who had holden the - papacie eleuen yeares, and placed in his stead Clement - the third, who held that dignitie seauenteene yeares, against foure popes - successiuely chosen by the clergie. After whose death Henrie the 5 the emperour made Bourden pope; without regard of whom, the clergie - neuerthelesse made choice of Calistus the second a - Burgundion, who draue out Bourdin, before nominated by - the emperour: and by a decree made at Wormes, enforced Henrie to sweare neuer more to take vpon him to bestow any spirituall - liuings vpon anie: yet with condition, that he might be in the assemblies of - the Bishops assistant, if he thought it so good. Which decree of the emperour - Henry the fift is yet extant in the Vatican records, - in these words, Pro salute animae meae dimitto Deo & - sanctis Apostolis Petro & Paulo, sanctaeque Ecclesiae Catholicae, omnem - inuestituram per annulum & baculum, & concedo in omnibus ecclesijs - quae in imperio meo sunt, Canonicam fieri electionem. For the health of - my soule I remit unto God and the holy Apostles Peter - and Paule, and to the - holy Catholique Church, all inuestiture to bee made by Ring and pastorall - staffe, and do graunt Canonicall election to be made in all the Churches which - are in mine Empire. Neuerthelesse 229 yeares after, the Emperour Lewes of Bauaria created Nicholas - the fift bishop of Rome: Iohn the two and twentith, a - Frenchman, then itting as pope at Auignion, who - peremptorily citied the emperor to appeare before him and for default & - contumacie, pronounced sentence of excommunication against him: The emperour - likewise on the contrarie side summoned the same pope Iohn to come before him, saying the bishops of Rome to be subiect unto - his edicts and commaunds, as emperour: and by sentence giuen at Rome, where Nicholas the Antipape held his seat, depriued Iohn of his papacie. Which Nicholas afterwards retiring himselfe - unto Pisa, was by the citizens there betraied into the hands of pope Iohn his mortall enemie at Auignion, where he shut vp in - prison, for sorrow languished to death: and the emperour excommunicated, and - therefore detested of all men, was forsaken of his subiects. And this was the - eight emperour whome the bishop of Rome excommunicated:The - eight emperours excommunicated by the pope were these▪ Fredericke the first, - Frederick the second, Philip, Conrade, Otho the fourth, Lewes of Bauaria▪ - Henrie the fourth, and Henry the fift. after whose fall the German - emperours thought it not good afterwards to attempt any thing against the - bishops of Rome. But to the contrarie the emperour Charles the fourth gaue out his letters pattents, in the yeare 1355, - whereby he acknowledgeth unto pope Innocent the fift, - That although hee were chosen emperour by the princes, yet that he ought to - take the confirmation of his election, and the imperiall crowne of him the - pope; beginning in these words, Post pedum oscula beatorum, - &c. - - After the kissing of your blessed feet, - &c. Which words we see still repeated in all the emperours letters unto the - bishop of Rome, euen from the time of Lewes of Bauaria, - vntill now.

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There is also extant in the Vatican, the forme of the coronation of the - emperors,Base seruices to be done by the emperour to the - pope. and by the emperour Charles the fourth - approued; but no where more seruile seruices: where amongst other ceremonies, - the emperour is as a subdeacon to minister unto the pope whilest he is saying - masse; and after diuine seruice done, to hold his stirrop whilest he mounteth - to horse, and for a certaine time to lead his horse by the bridle: with diuers - other ceremonies at large set downe in the Vatican - records, which it is needlesse here to - rehearse. And yet one thing more is worth the marking which is not in the - record expressed, which is, that the emperour to receiue the imperiall crowne, - must goe to seeke the pope wheresoeuer he be, and to follow him if hee chaunce - to remoue; as did the emperour Charles the fift, who - being come into Italie, with hope to have gone unto the* pope at Rome, being - aduertised of his departure thence to Bononia, wasClement - the suenth. glad thither to follow him: - that so the dutie of an inferiour prince towards the maiesty of his superiour - might the more plainely be perceiued. But after the death of Charles the fift, Ferdinand the emperour could - not obtaine, that the pope should in his absence ratifie his election; but was - oftentimes by the pope threatned, That hee would take such order for him, as - that he should have nothing to doe with the affaires of the German empire: neither would he admit the emperours lawfull - excuse, vntill hee was by the requests and meditation of the French king, and - of the king of Spaine appeased: which the German princes tooke in euill part, - seeing they had promised unto Ferdinand to imploy their - whole power for the defence of the maestie of the - empire, against that the popes enterprises; as I have learned by the letters of - the kings ambassadour,The humble subscription Charls the - fift used in his letters to the pope. dated at Vienna, in Iuly 1559. - And to show a greater submission of the emperours unto the popes, the - subscription of the emperours letters unto the pope, is this, Ego manus ac pedes vestrae sanctitatis deosculor, viz. I kisse the - hands and feet of your Holinesse. So used alwayes the emperour Charles the fift to subscribe to his letters, when he - writ unto pope Clement the seuenth. Which he did not - vpon a faigned courtesie, but indeed in most - humble and seruile manner kissed the popes feet, in the open sight of the - people, and the greatest assemblies of many noble princes, at Bononia, Rome, - and last of al at Marsielles in Prouence, where were met together the pope, the - emperour, the kings of Fraunce and Nauarre, the dukes of Sauoy, of Buillon, - Florence, Ferrara, Vitemberg the Grand Master of Malta, with many other princes - and great lords, who all kissed the popes feet, except the dukes of Buillon and - Vitemberg, Protestant princes, who had forsaken the rites and ceremonies of the - church of Rome. In farre more baseThe base submission of the - Duke of Venice and of Fredericke the second unto the pope. sort did - that duke of Venice humble himselfe (who of the Venetians themselves is called - a dog) for that he with a rope about his necke, and creeping vpon all foure - like a beast, so craued pardon of pope Clement the 5. - But nothing was more base, than that which - almost al historiographers which writ of the popes affairs, report of the - emperor Fredericke the second▪ who to redeeme his sonne - out of prison, lying prostrat vpon the ground at the feet of pope Alexander the fourth, suffered him to tread vppon his - head, if the histories be true. Whereby it is well to be perceiued, the - maiestie of the Emperours,The maiestie of the emperours - greatly diminished by the pope by the power (should I say) or by the - outragiousnesse of the Bishops of Rome, to have bene so diminished, as that - 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 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 - receiued of them their fealtie: as they did of Iohn and - Luchin, vicounts of Milan, the imperiall seat being - emptie in the yeare 1341, who are in the records called vassals of the church - of Rome, and not of the empire; and are forbidden their odedience unto Lewes of Bauaria the emperour, who was then - excommunicated, as we have before said. For which cause the Canonists have - maintained, that the emperour cannot giue vp his imperiall dignitie unto any, - but unto the pope: for which they yeeld this reason, That the emperours have - their soueraigntie of men, and the popes of God: - howbeit that both of them, as all others also in general, are of right to - attribute all their power unto almightie God. - Neuerthelesse the emperour Charles the fift worne with - yeares and sicknesse, resigned his imperiall dignitie into the hands of the - princes electors, and sent unto them his resignation by the prince of Orenge. - But howsoeuer the Bishop of Rome pretended to have a soueraigntie ouer all - Christian princes, not only in spirituall, but also in temporall affaires; - whether they got it by force of armes, or by the deuotion and graunt of - princes; or by long possession and prescription: yet could not our kings euen - for any most short time endure the seruitude of the bishop of Rome, nor be - moued with any their excommunications, which the popes used as firebrands to - the firing of the Christian Commonweales. For these the popes - interdictions,The French kings not afraid of the pops ex - communication. or excommunications, were wont with other nations, to - draw the subiects from the obedience and - reuerence of their prince: but such hath alwaies bene the loue of our kings - towards their people (and so I hope shall be for euer) and the loyaltie of the - people towards their kings: that when pope Boniface the - eight saw himselfe nothing to preuaile by his excommunication, nor that the - 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 - 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 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, - appealed unto a generall councell, which had power ouer the pope, abusing the - holy cities. For the king next unto almightie God had none his superiour, unto - whom he might appeale: but the pope is bound unto the decrees and commaunds of - the councell. And long tims before Philip the - Victorious, and his realme being interdicted by pope Alexander the third, who would have brought him into his subiection: - answered him by letters, That he held nothing of the pope, nor yet of any - prince in the world. Benedict the third, and Iulius the second, had - used the like excommunication against Charles the - seuenth, and Lewes the twelfth (who was called the Father of his countrey) that so as with firebrands they - might inflame the people to rebellion: yet failed they both of their hope; the - obedience of the subiects being in nothing diminished, but rather increased: - the Bull of excommunication which the popes legat brought into Fraunce, being - by the decree of the parliament of Paris openly torne in peeces, and the legat - for his presumptuousnesse cast in prison. And not long after Iohn of Nauarre, who called himselfe countie Palatine, when he had - made certaine publike notaries in Fraunce, and made legitimat certaine of his - bastards, by vertue of the authoritie which he had (as he said) from the pope, - he was therfore by a decree of the parliament - of Tholouze condemned of treason. True it is, that they which have thought - better to assure the maiestie of the kings of Fraunce against the power of the - pope, have obtained the popes buls whilest they yet sate in the citie of - Auignion▪ to bee exempted from their power. And namely there is in the records - of Fraunce a Bull of pope Clements the fift, whereby he - not onely absolueth Philip the Faire and his subiects - from the interdiction of Boniface the eight, but also - declareth the king and the realme to be exempted from the popes power. Pope Alexander the fourth also gaue this priuilege unto the - realme of Fraunce, That it could not for any cause bee interdicted▪ which was afterward by seuen popes successiuely confirmed, viz. by Gregory - - the viij. ix. x. xj, Clement the fourth, Vrban the fift, and Benedict the twelft; whose bul - yet remaine in the records of Fraunce: which yet seeme unto me not to encrease, - but rather to diminish the maiestie of our kings, who were neuer in any thing - beholden unto the popes. And that more is, the court of parliament of Paris, - hath by many decrees declared that clause, Auctoritate - Apostolica, By the authoritie Apostolicall:The - clause, Auctoritate Apostolica, vsually put into the - popes buls or decrees, reiected in France. vsually inserted into the - 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 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 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 - king shall in his owne priuat name contract with the pope, he may voluntarily - and of his owne accord bind himselfe unto the popes iurisdiction, which we read - to have bene done by Philip Valois, at such time as he - borrowed the summe of three hundred and thirtie thousand florines of gold, of - pope Clement the - sixt, which is an ordinarie clause in all obligations, in which sort the pope - himselfe might aswell as a priuat man be bound also. But this money the pope - may seeme also not to have lent without reward; but beeing himselfe of the - house of Turene, it may be thought that he for this - summe so lent, procured of the king the great priueleges which the counties of - Turene yet at this day enioy. Yea but I know some to pretend, that the French - kings ought to receiue their royall crowne at the hands of the pope: for that - king Pipin so receiued it at Saint Denise in Fraunce, of pope Zacharie: as though - one act in discontinued solemnities, and of so great consequence, could giue a - right, or establish a perpetuall law: which it cannot do in the getting of the - least discontinued seruice; but by the prescription of 100 yeres: albeit that - in truth the king leaueth not to bee king, - without any coronation or consecration, which are not things of the - soueraignty. And that no man can deny, but that if the donation of the exarchat - of Rauenna & Pentapolis, one of the fairest countries of al Italie, be made - by the kings of Fraunce unto the popes, and the church of Rome; it is also - holden of that crowne of Fraunce: seeing that the confirmation of the - seignories so giuen, was requested of Lewes the Gentle, - successour to Charlemaigne: which confirmation Carolus Sigonius, a most skilfull man in the antiquities - of Italie, writeth himselfe to have seene and read. Wherefrom a man may draw - two most certaine arguments; The one, That the donation was made by the - predecessours of Lewes the Gentle: And the other that - the soueraigntie of the seignories so giuen, was yet reserued: For otherwise - there should not have needed any of king Lewes his confirmation; considering that king Pipin had by law of armes wonne those territories from - the emperours of Constantinople, & therfore might of right both giue them - by himselfe so wonne, and also appoint lawes unto them so by him giuen. Albeit - that the Constantinopolitan emperour sent ambassadors into France unto Pepin, to have had him to have infringed & reuoked - the said donatiō: which they could not of him obtaine, but returned as they - came; as is to be seene in the histories of Floardus and - Sigonius. And that more is, Augustinus Onuphrius the popes chamberlaine, who had diligently - searched all the Vatican records (speaking of the - popes) confesseth, that the exarchat of Rauenna, Romandiola, the duchie of - Vrbin, and part of Tuscanie, were giuen to - the Church of Rome. But hee speaketh not of that which I have read in the - extract of the Vatican register, viz▪. Iohn, surnamed - Digitorum, to have written in letters of gold, the - donation pretended to have bene made by Constantine: in - the end whereof are these words, Quam fabulam longi temporis - mendacia finxit; which words I thought not good in any thing chaunge: - as being much stronger arguments than those of La. Valla, to conuince the lies of Augustin Egubin, who of purpose to deceiue, hath forged - in Greeke the donation of Constantine, to giue it the - more credit; whose deceit is easie to be refuted both by the manner of the - stile, and the knowledge of antiquitie: and is sufficiently refelled by Sigonius and Onuphrius both - Italians. Which is also well iustified by the epistle of pope Iohn, written in the yeare 876, who - therein confesseth the great largeses and donations bestowed vpon the church of - Rome by Pipin, Charlemaigne, and his successours: and by - the auntient marble table, which is yet to be seene at Rauenna, wherein are - these words contained, Pipinus Pius primus amplificaendae - ecclesiae vam aperuit, & exarchatum Rauennae - cum ampliss. The rest of the inscription time hath defaced. And thus - much concerning the greatnesse and soueraigntie of our kings.

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I will not here touch the greatnesse and soueraigntie of the Negus of AethiopiaThe princes seing the great Negus of Aethiopia no kings nor - soueraigns. commonly called Prester Iohn, - whome Paeu. Iouius writeth to have fiftie tributarie - 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 - Aluares a Portugall, who dwelt sixe yeres in Aethiopia, and yet - neuerthelesse they are called kings without cause, because they be no absolute - soueraignes, seeing that they be but tributaries, yeelding fealtie and homage - unto another man.

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As for those princes which are no Christians, I have nothing to say, for the - small assuranceThe Mahomitaine princes by their lawe - forbidden to cal themselus lords or soueraigns. we have by the - writings and reports of others, much differing among themselves. Yet - neuerthelesse so it is, that in one chapiter of the Alcoron, it is expresly for - bidden all the Musulman (that is to say the right - beleeuing) princes, to call themselves lords, except their Caliph or great - bishop their great prophet Muhamed his vicar. By meanes - of which prohibition the Mahometan bishops have vsurped absolute soueraigntie - aboue all their princes, giuing kingdomes - and principalities, to whome they thought good, in name and title of - 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, 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 - the death of Muhamed, defacing the rest, and for the - augmenting of their maiestie, to have bene into their Alcoran by them inserted. - But at such time as three of their great bishops had for the desire of - soueraignty, at one time taken vpon them the name of the great Caliph, the princes of Persia, the Curdes, the Turkes, - the Tartars, the Sultans of Aegypt, the kings of Marocco, of Fez, of Telensin, - of Tanes, of Bugia, and the people of Zenetes, and of Luntune, exempted - themselves from the obeysance of the Caliphs, to hold their kingdomes in - soueraigntie: as also the kings of Tombut, of Guynee, of Gaoga, and other - kings, which dwell more into the hart of Afrike, who know not the Caliphes - 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; 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 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, - 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 - auntient time a member of the kingdom of Castile. of the kingdome of - Castile: which for the greater part holden by force by the Moores, was giuen to Henrie, brother - to Godfrey of Buillon, in marriage with the base - 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: - 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, 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 - the Romans ouercome, they graunted him peace vppon condition, that he should - pay them into their common treasure, a certaine yearly tribute; which Perseus, Philip his sonne, afterwards refusing to pay, - drew vpon himselfe a great and heauy warre, to his owne vtter destruction. And - yet oftentimes such tributarie kings had others tributarie unto themselves, who - had also power of life and death, and other roiall soueraignties ouer their - owne subiects. So the kingdome of Dauid was contained - within the bounds of Palestine, and yet he enforced the neighbour kings to pay - 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 used the like - 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.

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Yet is there difference betwixt a tribute and a pention: for a pention is paid - in respectDifference betwixt a pention and a tribute. - of fealtie, or in time of warres to receiue aid against our enemies: but a - tribut is giuen, thereby to have peace; howbeit that he which receiueth such a - pention, commonly boasteth of it, as of a tribute: as the kings of England - called the pention of fiftie thousand crownes, which Lewes the xj paid unto them by the treatie of Piqueni, by the name of - a tribute; vntill that Elizabeth the daughter of Edward king of England was married unto Charles the eight, king Lewes his sonne. - Howbeit that Philip Comines - - denyeth it to have bene either pention or - tribute; yet needes it must bee either the one or the other. So the Grand - Signior calleth the German emperour his tributarie, for the pention which he - payeth euerie yeare for the peaceable enioying of a part of Hungarie. The - Venetians also, the Genowayes, the Ragusians, the kings of Algiers and of - Tunes, in his letters and in the conuentions of peace, he calleth by the name - of his great friends and allies, but accounteth them indeed his tributaries. - But the great Precop Tartar, who in auntient time was soueraigne of all the - realmes from Volga to Boristhenes, held all the princes and lords of those - countries as his vassals and tributaries, who not onely - kneeled before himselfe, but stood before his ambassadours sitting: For so the Knez of Moscouie behaved himselfe before - the ambassadours of this▪ Tartar prince, and was therefore of other princes - commonly called but by the name of a duke: howbeit that the dukes of Moscouie, - for this and diuers other such indignities cast off the seruile Tartars yoke, - in the yeare 1524. And the first that reuolted from them was Bsilius the first, who called himselfe - The Great Chamberlaine of God, and - - The Moscoui an absolute soueraigne - prince. - - King of Moscouie: and so he which at this present - raigneth, in despight that other princes tearme him but a duke, stileth - himselfe The Great Emperour: as in truth he in power - either excelleth, or is equall unto the greatest kings his neighbours, - excepting the kings of the Turkes▪ albeit that the right of soueraigne maiestie - be not defined by the spatiousnesse of places, or the greatnesse of countries, - as if that might make a prince either - - The notable saying of Eumenes to king Antigonus. more - or lesse soueraigne: as Eumenes being ouerthrowne, and - 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.

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And yet among soueraigne princes there is a certaine prerogatiue of honour - dueDegrees of honour among soueraigne princes being - equall. unto the more auntient Monarches and Commonweals, although - they bee in wealth & power inferior unto them that be more new or of later - time: as we see amongst the xiij Cantons of the Swissers, who are all - soueraignes, acknowledging nether prince nor monarch in the world for their - soueraigne: the Canton of Zurich in all their assemblies - - The order of the Cantons of the Swissars. hath the - prerogatiue of honour: For their deputie as a prince in the name of all the - rest of the Cantons, receiueth and dismisseth the ambassadours of other kings - and Commonweals; and unto him onely it belongeth to call a generall assemblie - 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 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 - underuald.

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Sometimes also the more auntient Monarches and Commonweals lose their - prerogatiue of honour; as when they put themselves into the protection of - latter princes,Degrees of honour betwixt soueraign princes - being in alliance together. or yeeld themselves tributaries: in which - case it is most certaine, that they are alwaies lesse than the other into whose - protection they put themselves, or unto whome they pay tribute. As it chaunced - almost to all kings and princes which sought the protection of the Romans: - whereas others which were come into equall alliance with them, as the Hedi, were in their leagues called their confederats, - 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 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 - their popular estate, seemed not much carefull of such ceremonies of dignitie - and honour which is of kings and princes more regarded, yet did Q. Martius Philippus their ambassadour show himselfe - therein curious: Who contending with Perseus king of - Macedon, which of them shuld come ouer the riuer vpon the frontiers of Macedon, unto the other: and Perseus - for that he was a king, refusing to come ouer - unto the Roman ambassadour, the ambassadour yet by sweet speech drew him ouer: - Which he did (as he said unto the ambassadors of the allies and confederats - there present with him) to show that the honour of the Romans was greater than - that of the Macedonian kings; who for all that would in nothing giue place unto - the Romans. Yet was there a greater cause than that, which Martius, or els Liuie omitted, which was - forthat Philip the father of Perseus had vpon conditions, receiued peace of the Romans and also - paid unto them tribute; which his father Philips act, if - he had disliked, he should not have medled with the kingdome: although that he - was otherwise vnworthy therof, who his father yet liuing, had aspired unto his - inheritance: and being but borne of a concubine, had slaine his brother borne - in lawfull marriage. But after that hee - ouerthrowne and vanquished by Paulus Aemilius▪ had lost - the hope of his kingdome▪ he writ letters unto Aemilius, - generall of the Roman army, yet stiling himselfe a king: which his letters the - Roman generall reiected, and would not vouchsafe to open them, except he first - renounced his roiall dignitie, which can onely agree unto him which hath a - soueraigne power, subiect to no other princes commaund.

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And for the same cause Francis the first the French king - declared unto Cardinall Bibiene the popes legat, that - the pope his master ought not to suffer the emperour Charles the fift to call himselfe king of Naples and of Sicilie, - seeing that he was but the Popes vassall. Whereof the legat gaue aduertisement - unto Iulian Cardinall de Medices, who was afterwards - pope; to the end that that title might have beene rased, which as he certified him by his letters, was by the charters of - fealtie, forbidden the kings of Naples to take: whereas for all that, in all - the records which wee have got out of the Vatican, that is not onely not - forbidden, but the name and dignitie of the king of Naples and Sicilie - expressely set downe, as namely in the inuestitures of Charles of France, of Carobert, and of Iohn. So many times ambassadours euill instructed in - their masters affaires, through ignorance commit therein many notable defaults. - And by the same reason we should take the royall title of a king from the king - of Bohemia, who holdeth his kingdome in fealtie and homage of the empire; and - not for that it is so little, as many have written, that it is for that cause - no kingdome, which were to measure kings by the elne: but it is, for that the - countrey of Bohemia was by the emperour - - Fredericke the first, for title of honour onely erected - a kingdome, without preiudice unto the right or soueraignetie of the empire. - But to say truth, this title agreeth unto none that is another mans vassall, - nor hath nothing of his owne in title of soueraigntie. And it maybe, that for - this cause pope Pius the fourth gaue not the royall - title toThe title of a king belongeth not unto an other mans - vassal neither to him which holdeth nothing of his owne in soueraigntie. The - maiestie of the emperour still impugned by this French author▪ and the - French kings too much exalted. - - 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 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 - the German empire, or els hath got it by long prescription of time. So also - next unto the emperour, all other princes have used to giue this prerogatiue of - honour unto the French kings; not only for the long possession thereof, but - also for that in all the world (whether you looke among the Christians, or the - Tartars, the Turkes, the Ethyopians, the Indians, or Barbarians) is not to be - found so auntient a kingdome, or such a continuall discent of kings of the same - stocke and line as is among the French kings. And therefore Baldus (being himselfe an Italian Lawyer and a subiect of the empire) - sayth well, That the French king carieth the crowne of - glorie aboue all the kings, who have alwaies giuen him that preheminence of honour. And there is also yet extant an - epistle of pope Gregories unto king Childebert, the beginning whereof is this: Quanto - caeteros homines regia maiestas antecellit, tanto caeterarum gentium regna, - regni vestri culmen excellit: by how much the royall Maiestie excelleth - other men, by so much doth the Maiestie of your kingdome excell the kingdomes - of other nations. As in truth this prerogatiue is unto him due: for the Germane - emperours themselves cannot denie, but that the German empire was sometime a - prouince and member of the auntient kingdome of Fraunce, conquered by the - prowesse of Charlemaigne king of France, and power of - the French nation: but afterwards rent againe from the same, being giuen in - 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 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 - was at the request of M. Nouuaille, ambassadour for the - French king, by a decree of the Venetian Senat embarred so to doe, in the yeare - 1558: and so likewise afterwards by a decree of the pope, giuen by the consent - of all the colledge of Cardinals: where the pope said with a lowd and cleare - voyce, That the French kings had beene alwayes the auntient protectours of the - church of Rome, and that the fairest and - fruitfullest prouinces of the kingdome of Spaine, had bene dismembred and rent - from the kingdome of Fraunce: than which nothing could in that kind have beene - more truely spoken; for by our kings, the authoritie of the bishops of Rome - hath bene delivered from contempt, their wealth encreased, and their power - confirmed.Contention at the counsel of Trent betwixt the - Spanish and French embassadours about their places. Wherein the pope - also in some sort amended the errour committed in the councell of Trent; where - Mendoza the Spanish ambassadour, preferring himselfe - and taking place before the French ambassadour (which then was M. Lansac, assisted with the M. M. of Ferrier & Faut) - was to have bin compelled to have departed from the councell, or els to have - kept the auntient order of ambassadours, and so to have followed the French - ambassadours: who withstanding the Spanish ambassadors presumption, requested that he might not so inuert the order of the - ambassadours: saying, that otherwise he would himselfe forsake the Councell, - and cause the French bishops to depart thence also. Whereunto the Spanish - ambassadour craftily answered, That as he would not go before the French - ambassadour, so would he not be enforced to follow him; and so tooke his place - by himselfe apart from all the rest of the ambassadors. Yet notwithstanding - these two former decrees which I have spoken of, the Spanish ambassadour not - long after at Vienna in Austria, earnestly requested of the emperor, That he - might goe in the same degree and order with the French ambassadour; or that - they might at leastwise go formost by turnes (as did the Roman Consuls, who had - the preheminence, the twelue sergeants, and power to commaund, successiuely, - each of them his day) which Henrie the second the French king hearing of, writ againe to his - ambassador, That prerogatiue of dignitie to be of so great moment and - consequence, as that nothing therein was by him to be said or done more than he - had commission for. And Ferdinand the emperour not - willing to offend either the one or the other, thought it good to forbid them - both from comming together, either unto sermons or other publikeA good order for the auoiding of contētion betwixt the - ambassadors of great princes, for their places▪ assemblies. The Senat - of Polonia troubled with the same difficultie, thought it not good to preferre - one ambassadour before another, neither to preferre them by turnes, or yet to - make them equall: but decreed of all ambassadours in generall, that as every of them first came into the frontiers of the kingdome - 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) 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 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 - alwayes preferred them before the Spaniard; albeit that they had bene auntient - allies and friends unto the one, and enemies unto the other. As after the - death of queene Marie, in the chapter holden by the knights of the most honourable - order of the Garter, vpon Saint Georges eue, in the - yeare 1555, concerning the conferringThe French preferred - before the Spanish. of honours, it was decreed, That the French kings - place should be aboue the rest, next unto the prince on the right hand; where - before was the place for Spaine, while king Philip was - married unto the queene. And the next day after being Saint Georges day, a day of great solemnitie unto the knights of that order, - a seat was accordingly reserued for the French king, on the right hand next - unto the prince: and another on the left hand for the king of Spaine, next unto - the emperours seat on the same side, being then emptie. And afterward in the - time of Charles the ix, the queene of England caused to - be sent unto him the banner of Fraunce, of the same stuffe and greatnes that - her owne was, as the king was aduertised by - M. de Foix then his ambassador there; and in the roll - or Catalogue of these knights, which is signed euerie yeare by the queene, the - French kings name is euer the first, next unto her owne.

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But to take away these difficulties and ielousies betwixt princes, about their - honors, which are otherwise ineuitable and daungerous: it is declared in the - xiij article of the ordinances of king Lewes the xj, - touching the order of knights, that they should bee placed according to the - time of their receiuing into the order, without prerogatiue of king or - emperour. For euerie soueraigne prince who is neither tributarie, vassall, nor - in the protection of another, may as seemeth unto him best in his owne countrey - bestow the prerogatiues of honour vpon whomsoeuer hee pleaseth, and to reserue - the chiefe place unto himselfe. We know right - well that the Venetians, the Rhagusians, the Genowayes, the Moscouites, and the - Polonians, are in league with the great Turk, and yet hath he alwaies giuen the - prerogatiue of honour unto the French king, calling him in his letters the - Greatest, and the Greatest among the most Great Princes of - the Christians: & stileth himselfe The greatest - of all Princes, and the chiefe Sarrach or Prince of the Musulmans; that - is to say, Chiefe Prince of the right beleeuing or - faithfull, which last prerogatiue of honour the Christian princes - themselves have giuen him by their letters: and as for the first title it - seemeth himselfe to have taken it from the auntient - -

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- - emperours of Constantinople, who bare in their armes foure B. which we - call Fusills, wherby thesewords are signified; , that is to say King of kings, raigning - ouer kings. Which was the title that the kingsThe - armes of the antient emperors of Constantinople. of Babilon in - auntient time tooke vpon them also, as we may see in Ezechiel, who calleth the great king Nabucodonosor - - that is to say, King - of kings; for that all the kings of Asia were unto him tributaries: after which - the kings of Persia having ouercome the kings of Asiria, as Esdras writeth, used 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 - of soueraigne maiestie, but only of his Highnesse, his Serenitie, or his Excellencie, as wee have before said. - Wherfore seeing that princes Tributaries, and Feudadaries, are not to be - accounted absolute soueraignes; neither they which are in the protection of - others: let vs now speake of the true markes of Soueraigntie, thereby the - better to know them who they be that be such.

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- - - - CHAP. X. ¶ Of the true markes of Soueraigntie. - -

- - SEeing that nothing vpon earth is greater or - higher, next unto God,Soueraigne princes God his lieutenants - vpon earth. than the maiestie of kings and soueraigne princes; for - that they are in a sort created his - lieutenants for the welfare of other men: it is meet diligently to consider of - their maiestie and power, as also who and of what sort they be; that so we may - in all obedience respect and reuerence their maiestie, and not to thinke or - speake of them otherwise than of the lieutenants of the most mightie and - immortal God: for that he which speaketh euill of his prince unto whome he - oweth all dutie, doth iniurie unto the maiestie of God himselfe, whose lively - image he is vpon earth. As God speaking unto Samuel, of - whome the people of Israel had vnaduisedly asked a king, It - is not thee (saith God) but me whome they have - despised. - -

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Now to the end that one may know him that is such an one (that is to say a - Soueraigne prince) we must know the markes, - which are not common unto other subiects also: for if they were common unto - others, than should there be no soueraigne prince. And yet they which have writ - best of or concerning a Commonweale, have not sufficiently and as it ought, - manifested this point, than which none is more plentifull or more profitable in - the discourse of a Commonweale▪ whether it were by them for flatterie, for - feare, for hatred, or by forgetfulnesse omitted. For when Samuel had denounced him king whome God had before chosen, and - consecrated him before the people, as if he had but come by chaunce; he is - reported to have writ a booke of the power and Soueraigntie of a king, which - the Hebrew priests have written to have bene by their kings suppressed and - 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 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 - tyrants? It is to take away the goods of their subiects, and to dispose of - them at their pleasure; to take the tenth of their labours, to rauish other - mens wiues, to take from them their children to abuse them, or to make of - them their Slaves: For the word which hee vseth, signifieth not lawfull - rights in that place, but mens customes and manner of doing. For otherwise the - good prince Samuel should in all his speech be contrarie unto himselfe: for in giuing of an - account before the people, of the charge that God had giuen him ouer them; Which of you (saith he) is it amongst - you that can accuse me of euill, or say that I have taken of him either gold - or siluer, or other present whatsoeuer? Whereunto all the people with - great applause and acclamation gaue him this prayse, That he - had neuer done them wrong, nor taken any thing of any person - whomsoeuer. Should then this good prince being of so great integritie, - godlinesse, and iustice, as he is reported to have bene of, have pronounced the - cruelties, insolencies, and adulteries of Tyrants, as lawes of Soueraigntie for - princes to imitate? And amongst the Greekes there are - none, who have any thing written concerning the lawes of - Soueraigntie, except Aristotle, Polybius, and Dionysius - Halicarnasseus, who have writ with so great breuitie and obscuritie▪ as - that they seeme rather to have propounded the question, than to have declared - what was to be thought thereof, as not therein well resolved themselves. For - there are (saith * Aristotle) three parts of a - Commonweale, the▪ Arist. li. 4. d Repub. - - one to take aduice and councell, the other to establish magistrats and - officers, and euerie man in his charge, and the third to administer and execute - iustice. Here (in mine opinion) or else no where he seemeth to speake of the - right of Soueraigntie; for that a Commonweale can by no meanes receiue that - diuision, as it were of the whole into parts, except the soueraigne gouernment - were also spoken of. Nether hath - - Polyb. lib. 6▪ de militari ac - domestica Rom. disciplina. - - - - Polybius▪ also determinatly defined or set downe the - rights and marks of Soueraigntie: but in - speaking of the Roman Commonwealth, he saith, That their estate was mixt of the - Power royall, of the Aristocraticall gouernment, and the Popular - libertie: seeing (saith he) that the people made lawes and officers; - the Senat▪ disposed of the prouinces and common treasure, receiued and - dismissed ambassadours, and had the mannaging of the greatest affaires; the - Consuls held the prerogatiue of honour, in royall forme and qualitie, but - especially in warres, wherein they were all in all. Wherein it appeareth, that - he hath touched the principall points of Soueraigntie, seeing that they unto - whom he attributeth the same, had the chiefe gouernment of the Commonwealth. - But Dionysius - - * Dioys. Halycar lib. 4. - - Halycarnasseus seemeth thereof to have written better, - and more plainly than the other. For he saith, That king Seruius, to take away power from the Senat, gaue power to the people, to make and abolish lawes, to determine - of peace and warre, to place and displace officers, to heare the appeales of - all the magistrats. And in another place speaking of the third trouble which - happened in Rome, betwixt the nobilitie and the people, he saith, That Marcus▪ Valerius the Consul showed unto the people, that - it ought to* Lib. 7. content - it selfe, to have the power to make lawes, to chuse officers, to receiue - appeales from all the magistrats, and so to leaue the rest unto the Senat. - Since which time the lawyers have amplified these rights, and they of later - time, much more than they before them, in the treaties which the call The rights of Regaltie, which they have filled with an - infinit number of particularities, such as are common unto dukes, counties, - barons, bishops, officers, and other subiects of soueraigne princes: in such - sort that they call dukes soueraigne princes, - as the dukes of Milan, Mantua▪ Ferrara, and Sauoy: yeaA - probable errour. euen some counties also dukes subiects, being all or - most part blinded with this errour; which hath in it a great appearance of - truth. For who is there that would not deeme him to be a soueraigne, which - giueth lawes unto his subiects, which maketh peace and warre, which appointeth - all the officers and magistrats of his countrey, which imposeth tributes, and - at his pleasure easeth whome he seeth good: which hath power of life and death, - and in briefe to dispose of the whole Commonweale. All which they before - rehearsed, have power to doe: and what more can a man desire in a Soueraigne - prince? For all these are the markes of Soueraigntie. And yet neuerthelesse we - haveThe dukes of Milan, Sauoy, Ferrara, and Florence▪ - with such other like great princes no soueraigns: and the reasons why - before shewed that the dukes of Milan, of Sauoy, of Ferrara, of Florence, and - of Mantua, hold all of the empire: and that the - most honourable title that they have, is to be princes and deputies of the - empire: we have also said that they have their inuestiture from the empire: and - that they yeeld their fealtie and homage unto the empire: in briefe that they - are naturall subiects of the empire, and borne in the territories subiect unto - the empire. Then how can they be absolute soueraignes? For how should hee be a - soueraigne, which acknowledgeth the iurisdiction of another greater then - 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 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 - prescribe against the fealtie and obedience which they owe unto their prince? - Seeing that they confesse themselves but princes and deputies of the empire. - They must then renouce the titles of princes and dukes, of Highnesse and Excellencie, & stile - themselves kings, to vse the title of soueraigne maiestie, which they cannot - doe, without reuolting from the empire; as did Galuagno - vicount of Milan, who therefore endured the grieuous punishment of his - rashnesse. We have also shewed that the cities of Lombardie were subiect unto - the empire. In briefe we had declared also the - intollerable absurdities that should ensue, if the vassals should be - soueraignes, especially when they have nothing but what they hold of another: - and that this were nothing else but to make the subiect equall with his lord, - the seruant with his maister: he that receiueth the law, with him that giueth - the law, him that oweth his obedience unto him that is to commaund, which - seeing they are things impossible, wee may well conclude that dukes, counties, - and all they which hold of another man; or that receiue law or commaundement - from another, be it by force, or otherwise by contract, are in no wise - soueraignes.

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The same opinion we have of the greatest magistrats, of kings Lieutenants - general,The greatest magistrats or lieutenants no - soueraigns. Gouernours, Regents, and Dictators; what power so euer - they have, if they be bound unto the lawes - appeales, and commaund of an other man, they are not to be accounted - soueraigns. For it behoueth that the markes and recognisances of soueraigntie - be such, as that they cannot agree to any other, but to a soueraigne prince: - for otherwise if they be to be communicated with subiects, a man cannot say - 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 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 - rights are articulated, they are said all wholly and alone to belong unto the - king. It is also by the common opinion of the - lawyers manifest, that those royall rights cannot by the soueraigne be yeelded - vp, distracted, or any otherwise alienated; or by any tract of time be - prescribed against: and therefore Baldus calleth them - Sacra Saerorum, of Sacred things the most Sacred: and - Cynus Indiuidua, things inseparable, or not to bee - 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 - soueraigne: for that he onely is a soueraigne, which hath none his superiour or - companion with himselfe in the same kingdome. For as the great soueraigne God, - cannot make another God equall unto himselfe, considering that he is of infinit - power and greatnes, and that there cannot bee two infinit things, as is by naturall demonstrations manifest: so also - may wee say, that the prince whom we have set down as the image of God, cannot - make a subiect equall unto himselfe, but that his owne soueraigntie must - thereby be abased; which if it be so, it followeth that the administration of - iustice, which Aristotle maketh the third part of a - Commonweale, is not the true marke of soueraigntie; for that it indifferently - agreeeth almost to all magistrats aswell as to the prince: neither in like sort - to make or displace officers; for that the prince and the subiect have both - this power; not only in appointing the officers seruants at home, and in time - of warre, but euen of the officers, and magistrats - themselves, which commaund in peace or in warre. For we read that the Consuls, in auntient time created the militarie - Tribunes, who were as marshals in the armie, and he whome they called the - Interrex created the dictator, and the dictator appointed the collonel of the - horsemen: & in every Commonweale where iustice is giuen with fees, the lord - of the fee may at his pleasure appoint officers, and without cause displace - them againe, if they have not their offices in recompence of some their - deserts. The same opinion we have of punishments and rewards, which magistrats - or captaines inflict or giue unto them that have deserued the same, aswell as - the soueraigne prince. Wherefore it is no true marke of Soueraigntie to giue - reward, or to inflict punishment unto such as have so deserued, sith it is - common both to the prince and the magistrat: albeit that the magistrat have - 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 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 - Soueraigntie.

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As for that which Dionysius Halycarnasseus saith of Marcus Valerius the Consull, in the Oration which he made - unto the people of Rome, for the appeasing of the troubles then risen betwixt - 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 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 - this point, we must presuppose that this word Law, - without any other addition, signifieth The right commaund of - him or them, which have soueraigne power aboue others, without exception of - person: be it that such commaundement concerne the subiects in - generall, or in particular: except him or them which have giuen the law. - Howbeit to speake more properly, A law is the commaund of a Soueraigne concerning all his - - What lawe properly is. - - subiects in generall: or els concerning generall things, - as saith Festus Pompeius, as a priuilege concerneth some - one, or some few: which law if it bee made by the priuie councel, or Senat of a - Commonweale, it is called Senatus consultum, as the - priuie councell:The difference betwixt Senatus consultum, and Plebiscitum, a decree - of the Senate and of the people. or decree of the senat. But if the - vulgar people made any such commaund, it was called Plebiscitum, that is to say, The commaund of the meniall people: which - after many seditions and sturs, betwixt the Nobilitie and the common people, - was in the end called a law. For the appeasing whereof all the people in the - assemblie of the great estates, at the request of M. - Horatius the Consull made a law, that the Nobilitie and the Senat in - generall, and euerie one of the people in particular, should bee bound to - keepe the decrees and lawes which the - common people should make, without appealing therefrom; or that the Nobilitie - should have any voyce therein. But forasmuch as the nobilitie and the Senat - made small account of such the peoples decrees and ordinances; the aforesaid - law was afterward renewed, and againe published, at the instance of Q. Hortentius and Pub. Philo - Dictators: From which time forward such the peoples decrees were no more called - Plebiscita, but simply laws, whether they concerned - every man in particular, or all men in generall. As for the commaundements of - the magistrates, they were not called lawes, but onely edicts. For an Edict (as - - - M. Varro defineth it) is the commaund - of a Magistrat; which his commaund bound - - What an edict is. none, but them which were of his - owne iurisdiction; prouided alwaies that such his cōmands were not contrary - unto the ordinances of the great magistrats, or to the laws and commaundements - of his soueraigne prince, and were no longer in force than the magistrat - pleased, or had charge. And for that all the magistrats were annuall in the - Roman Commonweale, there edicts had not force but for one yeare at the most. - And therefore they which succeeded in the same office, were either to allow or - reuoke the edicts, by their predecessors before made: & if so be that they - were against the laws, or for longer time than the magistratie of him that made - them, then were they to none effect: which when C. - Verres did, he was in these words accused by Cicero, - Qui plurimum (inquit) edicto tribuūt, legem annuam appellāt, tu plus - edicto complecteris, quàm lege, - - 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, 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 - maner of speech the other emperors after him used also; in such sort, that this - word Edict, is by little & litle taken for a law, especially when it - commeth out of the mouth of him which hath a soueraigne power; be it for one, - or for al, be it an edict perpetual or onely prouisionall. Wherefore they abuse - the words, which call edicts which are proper unto magistrats by the name of - laws: but in what sort soeuer that it be, there are none but soueraigne - princes, which can giue laws unto their - subiects, without exception, be it in ge nerall or in particular. But here - might some man obiect, That the Senat of Rome hadThat the - senate of Rome had no power to make lawes, but annuall decrees only. - power to make laws, & that the more part of the greatest affaires of - estate, in peace or war, were in the power of the Roman Senat to determine of▪ - But what the authority of a Senat is, or ought to be in every Commonweale, we - shal in due place declare. But by the way to answere that that is obiected, I - say, that the Senat of Rome, from the expulsion of the kings, vntill the time - of the emperours▪ had neuer power to make law, but onely certaine decrees and - ordinances: which were not in force past a yeare, wherewith for all that the - common people were not bound, and so much lesse the whole body and estate of - the people. Wherein many are deceiued and especially Conan, who saith, That the Senat had - power to make a perpetuall law: for Dionysius - Halycarnasseus, who had diligently read the Commentaries of Marcus Varro, writeth, That the decrees of the Senat had - not any force, if they were not by the people confirmed: and albeit that they - were so confirmed, yet if they were not published in forme of a law, they then - had force but for one yeare. No more than the citie of Athens, where the - decrees of the Senat were but annuall, as saith Demosthenes in the Oration which hee made against Aristocrates: and if it were a matter of importance, it was referred - untoA pretie quip of Anacharsis. the people to - dispose thereof as they thought good: which Anacharsis - the philosopher seeing merily said, The wise and graue - propound matters at Athens, and fooles and mad men resolue thereof. And - so the Senat in Rome did but consult, and the people commaund: For so Liuie oft times - saith, Senatus decreuit, populus tussit, The Senat hath - decreed, and the people commaunded. Yet true it is, that the magistrats, and - namely the Tribunes, oft times suffered the decrees of the Senat, in a maner to - have the force of lawes, if the matter seemed not to impare the power of the - people, or to be preiudiciall unto the maiestie of the estates in generall. For - so properly the auntient Romans said Cicero pro Ra birio Perduellionis ro. - - Imperium in magistratibus, auctoritatem in Senatu, potestatem - in plebe, maiestatem in populo inesse dicebant, Commaund to be in the - magistrats, authoritie in the senat, power in the meniall people, and maiestie - in the people in generall. For the word - - Maiestie, is proper unto him which stirreth the helme of - the soueraigntie of a Commonweale. - - Maiestie proper only unto a soueraigne prince. And - albeit that the law Iulia concerning maiestie made by the people at the request - of Augustus, hold him guilty (Laesaemaiestatis, or as we say) of treason, which striketh a magistrat - in the execution of his office: and that sometime the Latine historiographers, - yea and the lawyers themselves also giue the title of maiestie unto the Consull - and Pretor; as in saying, Maiestatem consulis, maiestatem - praetoris, The maiestie of the Consull, the maiestie of the Pretor: yet - is it but improperly spoken, neither by our lawes is he guiltie laesae maiestatis, that hath hurt a prince, a duke, a - countie, or a magistrat: but he onely that hath violated the person of a - soueraigne prince. And so by the lawes of Sigismundus - Augustus king of Polonia, made in the yeare 1588, it is set downe that - the crime Laesae maiestatis, should take no place - further than his owne person; which is - according to the true signification of laesa maiestas. - And for this cause it seemeth that the dukes of Saxonie, of Bauaria, of Sauoy, - of Loraine, Ferrara, Florence, and Mantua, put not into their stiles of honour, - this word Maiestie, contenting themselves with the title - of Highnesse: and the duke of Venice with the addition - ofThe duke of Venice no soueraigne prince. his Serenitie, who (to speake properly) is but a verie - prince, that is to say, the first, for hee is nothing else but the first of the - gentlemen of Venice: and hath no more aboue the rest of the Senators, than the - chiefe place and dignitie of the Commonweale in all their assemblies, wherein - he sitteth as chiefe; and the concluding voyce into what corporationThe order of the Venetian Commonweale. or colledge he - come, if there be any question of voyces. And as in Rome the edicts of the - magistrats bound every man in particular (so that they were not contrary - to the decrees of the Senat) and the - decrees of the Senat in some sort bound the magistrats (if they were not - contrarie to the ordinances of the common people) and the ordinances of the - common people were aboue the decrees of the Senat; and the law of the whole - bodie and estates of the people, was aboue all the rest: euen so in the - Venetian Commonweale, the decrees of the magistrats bind euerie man in - particular, according to the precinct and iurisdiction of euerie magistrat: but - the corporation and colledge of the Decemuiriis aboue particular magistrats: - 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 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 - the maiestie of the Commonweale, then it is referred unto the great Councell. - And therefore when any thing is decreed by the Decemuiri these words are ioyned - unto the decree, In consiglio Di Dieci: whereunto if the - colledge of Sages be ioyned, there is also commonly added, Con la Giunta, but if it be a decree of the Senat, it is declared in - these words, In Pregaidi: but if it be in the great - assemblie of the gentlemen of Venice, these words are commonly adioyned - thereunto, In Consiglio Magiore. For in these three - corporations or colleges, are almost all things dispatched which belong unto - their lawes, their customes, and Commonweale, except such matters which the Septemuiri (the most secret councell of - the State) vse by themselves to determine. It is therefore but by sufferance - that the Decemuiri or the Senat make decrees and ordinances, which for that - they are found iust and reasonable, they passe sometime into the force of law, - as did the edicts of the auntient Roman Pretors, which if they were equall and - iust, their successours kept them: and so by tract of time were receiued as - lawes; yet for all that was it alwayes in the power of the new Pretors to make - others: neither were they bound to obserue or keepe them of their predecessors. - But Iulian the lawyer gathered a great number of such of - these edicts of the former Pretors, as he thought best, - and after that he had interpreted them, and brought them - - Magistrats edicts confirmed by him or them that have the - soueraigntie become lawes▪ into ninetie bookes, he gaue the same unto - the emperour Adrian for a present; who in recompence of - so great a worke, made him great Prouost of the citie of Rome, and thereby made - way for his nephew Didius Iulianus, afterwards to aspire - unto the Roman empire. Adrian himselfe also perswaded - the Senat, that not onely the edicts which Iulian had - gathered, but other his owne writings should bee taken for lawes, which he - confirmed also by his authoritie, and yet neuerthelesse still held the name of - edicts, which hath deceiued many, who have accounted those lawes as Pretors - edicts. So also Iustinian the emperour, to the example - of Adrian, by decree commaunded many things which the - lawyers had after Iulian written unto the Pretors - decrees (after they had bene by him as he thought good corrected) to be - receiued for laws, the name of edicts still - remaining, being yet indeed nothing lesse than edicts, but lawes aswell as - those which every soueraigne prince in his owne Commonweale by the decrees of - his lawyers and courts, hath commaunded to be receiued for lawes; as it oft - commeth to passe in this realme, that the kings seeing diuers ordinances and - decrees of parliament most equall and iust, have confirmed the same, and caused - them to be published, and to passe in force of lawes; to show that the power of - the law lyeth in him that hath the soueraigntie: and which giueth force unto - the law by these words, Sancimus Iubemus, We ordaine and - commaund; which are words proper unto soueraigne maiestie, as saith the Consull - Posthumius, in the oration which he made unto the - people, Nego iniussu populi quicquam sanciri posse, quod - populum teneat, I deny that any thing can bee ordayned without the peoples commaund, that can bind the - people. The magistrat also presenting his request unto the people, for the - enacting of a law, commonly began with these words, Quod - bonum, faustum, foelixque sit vobis ac Reipub. velitis, Iubeatis, Will - you, and commaund you, that which may be good, happie, and fortunat, to you, - and the Commonweale. And in the end of the law are still these words, Si quis aduersus eafecerit, &c. If any man shall do - against these things, &c. Which they called Sanctio, - that is to say an ordaining or enacting, declaring the punishments or rewards - due unto them that should keepe or breake the law: which are speciall - formalities and proper unto the maiestie of them which had the power to make - the law; but neuer used by the Senat in their decrees, nor by the magistrats in - their edicts. Ioyne hereunto also, that the - penaltie annexed unto the lawes of a soueraigne prince, is farre different from - that which is ioyned unto the decrees or ordinances of magistrates, or of - corporations and colledges, which have certaine limited penalties and fines, - for the most part concluded by a mercement or forfeit of money, or with - whipping chere: For there is none but the soueraigne prince, which can unto his - edicts ioyne the paine of death, as it hath bene also forbidden by an auntient - act of parliament, and the clause of arbitrarie punishment ioyned unto the - ordinances and decrees of magistrats and gouernours, which euer inclusiuely - extended unto death.

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Wherefore let this be the first and chiefe marke of a soueraigne prince, to bee - ofThe first and cheife marke of soueraigntie. - power to giue lawes to all his subiects in generall, and to euerie one of them - in particular, (yet is not that enough, but - that we must ioyne thereunto) without consent of any other greater, equall, or - lesser than himselfe. For if a prince be bound not to make any law without - consent of a greater than himselfe, he is then a verie subiect: if not without - his equall, he then hath a companion: if not without the consent of his - inferiours, whether it be of his subiects, of the Senat, or of the people, hee - is then no soueraigne. And as for the names of Lords and Senators, which wee - oftentimes see ioyned unto lawes, they are not thereunto set as of necessitie - to giue thereunto force or strength, but to giue unto them testimonie and - weight, as made by the wisedome and discretion of the - chiefe men, so to giue them the better grace, and to make them to bee the - better receiued; and not for any necessitie at - all. For we find the most auntient edicts of Saint Denys - in Fraunce, of Philip the first, and of Lewes the Grosse; whereunto the names and seales of the - Queenes Anne and Adella, as also - of Robert and Hugh are annexed: - And namely in the twelft yeare of the raigne of Lewes - the Grosse, and of Adella the sixt.

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Now when I say that the first and chiefe marke of Soueraigntie is for the - prince toIt belongeth only unto soueraigne princes to grant - priuileges, and what a priuilege is. be of power to giue lawes unto - all his subiects in generall, and to euerie one of them in particular: these - last words concerne priuileges, which only belong unto soueraigne princes to - graunt, and particularly to others, to whome they be graunted. A priuilege I - call a lw made for one, or some few particular men: - whether it bee for the profit or disprofit of - him or them for whome it is graunted. For so speaketh Cicero, - Priuilegiam - - ▪ Cicero pro dom - sua et post re ditum in Senaetu. - - - - de meo capite latum est, A priuilege was made concerning - my life, he meaneth the law made against him by the common people at the motion - and instigation of Clodias the Tribune, (to have him - called to account for certaine citisens put to death contrarie to their - appeale, about the conspiracie of Cateline) which he in - many places calleth Lex Clodia, or a Law made by Clodius, whereof he oftentimes most grieuously - complained, both in the Senat and before the people, saying, That by the law of - the xij Tables it was forbidden any priuileges to be graunted, but Comitijs Centuriatis, that is to say, in the generall - assembly of the whole bodie of the people. For so be the words of the law, Priuilegia nisi comitijs centuriatis ne irroganto; qui secus - faxit capital esto, Priuileges let - them not be graunted but in the greatest assemblies of the people; and hee that - shall otherwise do, let it be unto him death. As for such priuileges as bring - profit and commoditie to them to whome they be graunted, they are more truely - called benefits. And in this all that have written of Royalties agree, that it - belongeth not to any, but unto a Soueraigne, to graunt priuileges, exemptions, - immunities, and to dispence with the edicts and ordinances of other former - princes: howbeit that priuileges in monarchies have not bene used, but onely - for the tearme of the life of the monarch himselfe that graunted them: as Tiberius the emperour made them all to know which had - obtained any priuileges from the emperour Augustus, as - Suetonius writeth. But now if any shall obiect unto - me, the magistrats themselves to discharge men oftentimes of the lawes: and the Senat of Rome to have so oftentimes - done. I will aunswere him as did Papinian the lawyer, - That we are not to consider what is done at Rome, but what - ought indeed to be there done. For by the tribunitiall law Cornelia, - the Senat is forbidden to discharge any Roman of the lawes, except there were - two hundred of the Senators▪ present: which exemption from the laws seemeth - also to have bene granted unto the Senat, by reason of the difficult assembling - of the whole people.

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But some man may say, that not onely the magistrats have power to make edicts - and lawes, euerie one according to his authoritie and iurisdiction, but also - that particular men make customes, both generall and particular. Which customes - have almost the force of lawes, and yet depend not of the iudgement or power of - the soueraigne prince, who as he is maister of - the law, so are particular men maisters of the customes. Whereunto I answere, - that custome by little and little take force; and in many yeres - - difference betwixt the beginning of customes and - lawes: and that both of them depend of the power of the soueraign - prince. by the common consent of all or most part; but the law - commeth forth in a moment and taketh strength of him which hath power to - commaund all: custome creepeth in sweetly and without force, whereas the law is - commaunded and published with power, yea and oftentimes contrarie to the good - liking of the subiects. For which cause Dion Chrisostome - compareth the law to a tyrant, and custome to a king. Moreouer the power of the - law is much greater than the power of custome: for customes are by lawes abolished, but not lawes by customes; it beeing - alwayes in the authoritie and power of the - magistrat againe to put in execution such lawes as are by custome almost out of - vse. Custome also propoundeth neither reward nor punishment, whereas the law - alwayes carrieth with it either the one or the other, if it be not a law - permissiue, which easeth the penaltie of another law: and in briefe custome - hath no force but by sufferance, and so long as it pleaseth the soueraigne - prince, who may make thereof a law, by putting thereunto his owne confirmation: - whereby it is to be scene, that all the force of lawes and customes lieth in - the power of him that hath the soueraigntie in a Commonweale.

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This then is the first and chiefest marke of Soueraignty, to be of power to - giue lawsThat the power to make lawes cannot be unto - subiects communicated. and commaund to all in generall, and to euerie - one in particular; which cannot bee - communicated unto subiects. For albeit that a soueraigne prince giue power to - any one to make lawes, of such strength and vertue as if he himselfe had made - them: as did the people of Athens to Solon, and the - Lacedemonians to Lycurgus: yet were these lawes neither - the lawes of Solon nor Lycurgus, - who were but as commissioners and procurators for them which had giuen them - that charge; but they were the lawes of the Athenians, and Lacedemonians: - neither had these lawes had any force, had not the people by their consent - authorised the same. They indeed wrot those lawes, but the people commaunded - them; they composed them, but the people enacted them. And almost alwayes in a - Popular or Aristocraticall state, the lawes tooke name of him which propounded - or engrossed the same, who was nothing els but the simple procurer thereof: the confirmation of the same being from him - which had the soueraigntie. So when the Decemuiri by the people created at Rome - for the making of lawes without appeale, had sent ambassadours into Greece, to - amplifie their lawes, and in xij tables comprehended the best of them, they - commaunded all the people to bee called together, to behold and consider of - those lawes publikely set vp: and so at length after three Faire dayes (the - 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. 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 - absurdities, yet may the magistrat according unto right and reason also - interpret the laws, & encline them either unto lenitie or seueritie: so - that he beware that in bending them too much, he breake them not; yea although - 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 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 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 - 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.

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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 - in this, viz. to have power to giue lawes unto all and - euerie one of the subiects, & to receiue none - from them. For to denounce warre unto - - Other the marks of Soueraigntie the enemie, or to - make peace with him, although it seeme to be a thing different from the name of - the law, yet is it manifest these things to bee done by the law, that is to say - by the commaundement of the soueraigne power. So also is it proper unto - soueraigne maiestie, to receiue the subiects appeales from other, and the - greatest magistrats, to place and displace the greatest officers, charge or - exempt the subiects from taxes and subsidies, to graunt pardons and - dispensations against the rigour of the law, to have power of life and death, - 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 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 - his subiects in general, & to every one of them in particular, is yet no - soueraigne, if he receiue his power from the emperour, the pope, or the king, - or any other greater than himselfe: or yet have a companion in his gouernment, - a companion I say, for that he seemeth in a manner to have a superiour or - maister, which hath a companion, without whose helpe and consent hee can - commaund and doe nothing: much lesse is he a soueraigne, if hee bee another - mans lieutenant or deputie.

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But forasmuch as the word Law, is too general a marke, - it is the more expedient particularly - - The second marke of Soueraigntie. to specifie the - 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 - Romans, but of al other nations. And for that there was more daunger to be - feared from warre, than from peace, it was lawfull for the common people of - Rome, to commaund peace, but if question were for making of warre, it might not - be decreed, but in the greatest assembly of all the states together, vntill - such time as that the meniall people had also full power to make lawes. And - therefore was it that warre was decreed against Mithridates by the law Manilia, - against the pirats, by the law Gabinia, against Philip - the second, king of Macedon, by the law - Sulpitia: peace was also made with the Carthaginensians, by the law Martia. And for because Caesar had - without commaund of the people made warres in Fraunce, Cato - Vticensis was of opinion in the Senat, that the armie was to be called - home, and Caesar for his presumption deliveted unto the - enemie. In like case the estates of the people of Athens determined of warre - and peace. As a man may see by the war by them decreed against the Megarians, - against the Syracusians, and against the kings of Macedon. I here but briefly - set downe certaine examples of two of the greatest and most famous popular - Commonweales that euer yet were: For in a regall state there is none (as I - suppose) which doubt all the power of peace and warre to be in the king: - insomuch as that for any man to attempt euen the least thing therein without the kings commaund, is unto the dooer thereof - dangerous, if the king might thereof have before bene aduertised: and what - charge soeuer that they giue unto their deputies or commissioners, to entreat - of peace or of alliance, yet consent they unto nothing, without the aduertising - of the king; as was to be seene in the last treaty of Cambray, betwixt the - French king & the king of Spain; the cōmissioners on the kings behalfe - writ to him from howre to howre, the whole proceedings both of the one part and - of the other. But in popular or Aristocraticall estate, we oft times see that - after the warre is once denounced, it is then managed by the aduise of the - Senat, or priuie counsell onely: yea and sometimes by - the aduice of one onely captaine also: - - The greatest daunger in war. for that nothing is more - dangerous in warre, than to have the secret pollicies thereof reuealed: which - must needes be, if the people have therein to doe. And therefore we read in the - Greeke and Latine histories the designes and enterprises of warre to have beene - still managed by the wisdome and direction of some one or other captaine, or in - case that the matter were of greater importance and consequence, by the - counsell of the Senate, without any more speaking thereof unto the people, - after it was once by the peoples commaund denounced and proclaimed against this - or that enemie. But if one should say, warre to have beene oftentimes denounced - by the advice of the Senate, without the consent or commaund of the people: I - confesse it to have sometimes indeed so happened and fallen out, but yet very - seldome: and that the Senate in so doing did - vsurpe the maiestie of the people: which was the cause, that the Tribunes - ofThe Senate in Rome had no power to denounce warre - without the consent of the people. the people, and faithfull keepers - of their libertie, oftentimes interposed themselves to crosse the matter, as we - see in Liuie, where he sayth: Controversia fuit vtrum populi iussu indiceretur bellum, an satis esset S. - C. peruicere Tribuni, vt Q. Consul de bello adpopulum ferret, omnes - Centuriae iussere. Controversie was (sayth he) whether war should be - denounced by the commaundement of the people: or els that the decree of the - Senate was sufficient, but the Tribunes preuailed; so that Quintus the Consull propounded the matter unto the people, which all - the assembly of the people commaunded. Howbeit, that the Senat it selfe would - not ordinarily denounce war, except the people had before so decreed, As T. Liuius speaking of the second Carthaginensian war, - sayth, - - Latum inde adpopulum vellent iuberent, populo Carthaginensi - bellum indici: It was afterward - - Lib. 1▪ Dec. 3. - propounded unto the people, whether they willed and commaunded war to be - denounced unto the people of Carthage. And in another place, Ex S. C. populi iussu bellum - - - - Lib. 1. Dec. 2. - - praenestinis indictū. By a decree of the Senat, by - cōmandement of the people war was proclaimed against them of Praeneste. And - againe, Ex authoritate patrum populus Palaepolitanis - - - - Lib. 8. Dec. 1▪ - - bellum fieri iussit, The people following the authoritie - of the Senat, commaunded - - 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 undertaken against the - Samnites, Patres solemni - - - - Lib. 8. Dec. 1. - - more indicto decreuerunt, vt ea de re adpopulum - ferretur, The fathers after the solemne manner decreed, that concerning that matter it should bee referred unto the - people: Where Liuie in calling it the solemne manner, - declareth it to have bene a thing so used to be done. And so against the - Herniques, * Populus hoc bellum frequens iussit, - The - - Lib. 5. Dec. 1. people - in great number commaunded this warre. And against the Vestines, * Bellum ex authoritate patrum populus aduersus vestinos - iussit, The people following the authoritie of the Senators commaunded - warre to be made against the Vestines. The like manner of denouncing warre was - also amongst the Tarentines, so long as their popular state endured. For so - saith Plutarch, Ex authoritate Senatus populum Tarentinum - Romanis in ferri bellum iussisse, The people of Tarentum following the - authoritie of the Senat, to have commaunded warre to bee made against the - Romans. And Liuie - - speaking of the Aetolians, which were gouerned - by a popular gouernment, saith it to have bene by their lawes forbidden, that - any thing should bee determined concerning peace and warre, but in the - 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 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; - as we may see in all the treaties of peace betwixt the Romane and the - Latines: and in the confederats warre the - Senate passed all the treaties of peace and alliance without the people, viz. in the tumult and vprore of Italie: least the hard - assembly of the people, and danger of delay, might have brought some detriment - unto the Commonweale. Yea sometimes the generals and great commaunders in the - warres, of themselves determined of peace and warre, without the commaundement - of theNo peace by the Generall concluded with the enemie - good without the confirmation of him or them that have the - soueraigntie. people or Senate, especially if the warres were in some - countrey a farre off: as wee see in the second warre of Carthage, the three Scipioes made all the treaties of peace and alliance with - the people and princes of Spaine and Affricke, without the aduise of the Senat. - Yet true it is, that the Senate, yea and oft times the people authorised their - actions, and ratified their treaties, after that they were made: and if they - were in anie thing preiudiciall unto the - estate, had ofthem no regard. In which case the hostages and captaines yeelded - unto the enemie, were at their owne perill to answer the matter. As the Consull - Mancinus, who for that the peace he had made with the - Numantines, was reiected and not ratified by the Senate and the people, was - himselfe delivered unto theThe Romains oftentimes disclaymed - the peace by their ge nerals made with their enemies without the consent of - the people. enemie. And that is it which a certaine Senatour of - Carthage, as Liuie reporteth by way of exprobration - obiected unto the Romane embassadours, saying, Vos cum - Luctatius Consul primò nobiscum fedus icit, quia neque authoritate Patrun, - nec populi iuss ictum erat, negastis vos eo - teneri. Itaque aliud foedus publico consilio ictum est. You at such - time as Luctatius the Consull first made peace with vs; - for that it was made without the authoritie of the Senat, or commaundement of - the people, said you were not therunto bound: - and therefore another peace was by your common councell made. And the same - author speaking of Manlius the Proconsull of Asia saith, - Gallograecis bellum illatum, non ex Senatus authoritate, - non populi iussu: quod quis vnquam de sua sententia facere ausus est? - Warre was made vpon the Gallogrekes, neither by the authority of the Senat, nor - the commaund of the people, which what man durst of himselfe euer do? But this - was Orator like spoken by the aduersarie against Manlius - being absent; for that it was sometime so done, we have by examples declared. - Spurius Posthumius the Consull, also being himselfe - with his armie shut vp in the Straits and rockes of the Appennin mountaines, in - daunger with hunger to perish, before hee could have heard from the Senat or - the people, what they would have had him to have done; to deliver himselfe and the Roman armie out of those straites, of - himselfe made peace with the enemie, though vpon verie hard and dishonourable - conditions. But when he with his armie disarmed, was returned to Rome; the - Senat and the people reiected the peace with the conditions by him accepted. - Yea Posthumius the Consull himselfe, in the assembly of - the people said, Cùm me seu turpi, seu necessaria sponsione - obstrinxi, qua tamen, quando iniussu populi facta est, non tene tur populus - Romanus, nec quicquam ex ea praeter Corpora nostrae debentur Samnitibus, - dedamur per faeciales nudi vinctique, Seeing that I have bound my - selfe, whether it be with a shamefull or a necessarie promise and agreement, - wherewith for all that the people of Rome is not bound, forasmuch as it was - without their commaundement made, neither is there any thing thereby unto the - Samnites due, more than our bodies; let vs - naked and bound be so yeelded unto them. So the Consull called it not a treatie - of peace, but a simple or necessarie promise. And in truth the enemies had - caused the Consull and all the captaines and lieuetenants of the army to - sweare, and further taken sixe hundred hostages, al which they might have put - to death, if the people would not confirme the agreement taken; in which making - they yet committed one grosse ouersight, in that they bound not all the - souldiers in the armie by oath to returne into those straits and enclosures of - the mountaines, and euen into the same state they were before, or els to yeeld - themselves all prisoners, in case the people would not - confirme the agreement by them made; which had they done, no doubt but that the Senat and the people would have sent them - againe into the same state they were, as they did the Consull, with the sixe - hundred sworne hostages, whom for all that, the Samnites refused to receiue of - the herauld. For in like case after the great ouerthrow by the Romans receiued - at Cannas, when Hanniball had sent eight thousand - souldiers, there taken prisoners, to Rome, to redeeme their libertie with the - ransome of a pound of gold for every head; and that the Senat would not agree - thereunto, but decreed, that they should either become the enemies Slaves, or - die: the Consuls charged those souldiers, before the appointed day to returne - unto the enemie; who all obeyed their commaund, but one, who by a craftie wile - sought to delude the oath, before by him giuen unto the enemie for his returne; - whome the Senat for all that sent bound hand - and foot unto Hannibal. Or if it had seemed too hard a - thing unto the Senat, to have yeelded the whole army being sworne unto the - Samnites, they would vndoubtedly yet have confirmed those hard conditions of - peace by them agreed vpon. As did Lewes the xij, the - French king, in the treatie made at Dijon by the lord - Trimouille with the Swissers, giuing them hostages of - the chiefest men of his army, with condition that the Swissers might put them - to death, if the king should not ratifie the agreement with them made. As did - the duke of Aniou unto the hostages which those which were besieged in the - castle of Eruall had giuen him: when he saw that Robert - Knolles, captaine of the castle, being arriued within the castle, after - the agreement, would by no meanes suffer the castle to be surrendred, saying, - That the besieged without him could couenant - nothing: and so also caused the prisoners that he had taken to be beheaded▪ For - otherwise, if it were lawful for captains to entreat or conclude of peace at - their pleasure, without expresse commaundement or ratification, they might bind - both people and soueraigne princes, unto the pleasure and appetite of their - enemies, and such hard conditions as they pleased: a thing most absurd and - vnreasonable, seeing that a common aduocat may not in the least matter of - another mans, come to agreement, without expresse charge from him whome it - concerneth.

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But some may say, that these rules take no place in Venice, where the Senat - doth wholly discerne and determine of peace and warre, neither amongst the - customes of the Swissers and Grisons, which are popular estates. And in the - conuersion of the Florentine Commonweale, from - the nobilitie unto the popular estate, it is in one article especially - prouided, that the people shall have to do with nothing, but with making of - lawes, creating of magistrats, and the common treasure; as for peace and warre, - and other things concerning the soueraigntie of the state, should be wholly in - the power of the Senat. Whereunto we have before said, that Popular and - Aristocraticall estatesHard for the popular or - Aristocraticall estats by the multitude well to mannage martiall affaires: - and why. cannot if they would, well manage martiall affaires, for the - hard assembling together of the people: and in case that the people might be at - all times assembled, yet were it a thing of great perill and daunger, to have - those things which ought of all others to bee most secret in a Commonweale, the - councels (I say) of peace and warre, reuealed and made knowne unto the Vulgar - people: which therfore were of necessitie to be left unto the Senat, yet the power of peace and warre cannot be taken - 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 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 - warre dependeth of the soueraigne prince, if the estate bee a pure monarchie, - For the kingdome of Polonia, Denmarke, Sweden, and - Norway, as they are states changeable and - vncertaine, as the nobilitie is stronger than the prince, or the prince than - the nobilitie: the resolution of peace and warre so dependeth of the nobilitie, - as that the state seemeth to be rather Aristocraticall than regall. And - therefore the names of their dukes, marquesses, counties, gouernours, and - councellors, commonly to be in their leagues expressed, and their seales - thereto annexed: as the peace betwixt the Polonians and the Prussians, made by - king Sigismundus Augustus was sealed with an hundred and - three seales of the nobilitie of his countrey: neither was there fewer in the - act of the lawfull creation of king Henry to be king of - Polonia.

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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 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 - was published also by the Venetians, at such time as they first assembled into - the Gulfe, for the establishing of their state, as Contarenus writeth: than which law there is none more religiously kept - by the Senat and the Venetian people. Yet much better is it kept in monarchies, - where all is gouerned by one, and where the greatest, the meaner, yea and the - least offices of all, as of Porters, Sergeants, Clarkes, - Trumpeters, Criers, which in the Roman state were placed and displaced - by the Roman magistrats are prouided for by order from the prince, euen unto - 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 - 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 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 - prince. For no doubt dukes, marquesses, counties, barons, and lieutenants of - 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 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 - magistrats of the Commonweale; as they do also at Nuremberg, where the Censors - 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 five for criminall. Neither is this any new - matter; but an old and auntient fashion. For Aristotle - writeth, the people of Carthage to have used 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 - did before by the sufferance of the people, who from the beginning made them, - as Festus Pompeius saith. And sometime the dictators - were for that purpose onely made to supply the number of the Senators. As Fabius Buteo named Dictator by the Consull Terentius, following the decree of the Senat, made choyce - at one time of an hundred seuentie seuen Senators, in stead of them that were - dead. Howbeit that to speake properly, a Senator is no magistrat, as we will - show in the discourse concerning the Senat. But howsoeuer that it was, whether - it were the Consuls, the Dictators, or Censors, that - made choice of the Senators, & so supplied the Senat, they did it not but by the power of the people, which - was also to be reuoked at the peoples pleasure. So may we also say of the - Turkes Cadelesquires, which are as the kings two great Chauncelours, who have - power to place and displace all the Cadies and Paracadies, that is to say, the - judges and their deputies. And in Aegypt, in the time of the Sultans - gouernment, before it was by Selymus the first - conquered, the great Edegnare, which was a Cunstable to the Sultan, had power - to place all the other officers: as had in auntient time the Grand M. of the - Pallace in Fraunce. And it is not long ago but that the chauncelour of Fraunce - had power at his pleasure to bestow all offices which had none, or but some - little fees, viz. of some three or foure crownes at the - most: which was reuoked by king Francis the first. And - albeit that alwaies the chauncelor, the great - Edegnare, and the Grand M. of the pallace, had all their power from the kings - and Sultans, as by them placed: yet was so great power verie daungerous unto - the former kings and Sultans, which by little and little have since beene cut - so short, as that in the raigne of Charles the seuenth, - the verie baylieffes and seneschals were placed by the prince, who before were - wont to be placed by the maiors, whose lieutenants they were. Sometime also it - may be that magistrats, corporations, or colleges, have power to nominat and - chuse the principall magistrats: as we read in the records of the court of - Paris, that by a law made in the yeare 1408, it was decreed that the officers - of the high court of parliament should be made by election; and so therevpon - commaundement was giuen unto the chauncelour to go into parliament for the - election for the offices vacant. Which law was - againe reuiued by king Lewes the xj, in the yeare 1465. - And after him in the time of Charles the eight, not only - the presidents, the kings councellors, and aduocats, were made by election, but - euen the kings atturney generall (who is the onely man of all the body of the - court, which oweth not oath but to the king alone: albeit that the atturneyes - of other parliaments, which he calleth substitutes, take their oath in the - court) was chosen also by the suffrages of the court: In the yeare 1496. But - yet all their letters of prouision & confirmation of their elections into - their offices, then were, and yet are, alwayes graunted by the king▪ without - whose confirmation their election was to no purpose. Which may serue for - aunswere to that which one might say, that Arthure duke - of Bretaigne, was chosen Cunstable of Fraunce, - by the voyces of all the princes, of the great Councell, and of the parliament - in the yeare 1324. For albeit that the king Charles the - sixt, was then distraught of his wits, & that the seales of France had in - them not the image of the king, but of the queene onely: yet neuerthelesse the - said new constable taking vpon him the gouernment of the kings sword, and of - the French armie, being sworne to the keeping of the lawes, at the same instant - acknowledged himselfe to hold his office and power in fealtie and homage of the - king: so that all authoritie and power to commaund, may well seeme to flow and - be deriued from the fountaine of the prince onely.

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Yet may some say that the Great Palatine of Hungarie, who is the greatest - magistratGreat magistrats somtime chosen by the estats of - the countrey, or otherwise: but still approued and confirmed by the - king. of that kingdome, and the kings lieutenant generall, is chosen - by the estates of the countrey: it is true; - but yet his prouision, institution, and confirmation, belongeth unto the king, - who is the chiefe head and author of his power. Howbeit that the estates of the - kingdome of Hungarie, yet pretend to have the right to make choyce of their - kings; the house of Austria maintaining the contrarie. And it seemeth that the - 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 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, - and confirmation, without which the magistrat is of no power at all. Yet if - such creation of magistrats were by the founders of Commonweales, and law - makers, so giuen unto the people, or colleges, as that they could not from the - people or colleges be taken, then truly the prince should not have the right of - soueraigne maiestie or power: for that the magistrats power were not to be - attributed unto the prince, but to the people; as by little and little it - happened unto the kings of Polonia. For when as by a law made by Sigismundus Augustus, all the magistrats of euerie - countrey, were to be chosen by the particular states of every gouernment; the - maiestie of the kings, who also raigned by the good liking of the people, was therby much impaired. Which - confirmation of magistrats so chosen, is no new thing; for euen from the time - of the Gothes we read in Cassiodorus, that Theodoricus king of the Gothes, gaue his letters of - confirmation unto the officers whome the Senat had chosen; vsing these words in - his letters directed unto the Senat, for one whom they had made a Senator, Iudicium vestrum P. C. noster Comitatur - - * Cassiodorus. lib. 1. Epist. 6. - - assensus, Our consent, Reuerent fathers, doth accompany - your iudgement. Now seeing that power to commaund ouer all the subiects of a - Commonweale belongeth unto him that holdeth therein the soueraigntie; it is - good reason also that all magistrats should acknowledge their authoritie to - proceed from him.

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But now let vs speake of the fourth marke of Soueraignetie, that is to wit, of - the Last - - - - The fourth marke of soueraigntie. - - Appeal, which is and alwayes hath beene one of the most - principall rights of soueraignetie. As a man may see after that the Romaines - had driuen out their kinges: not onely the last Appeal, but euen all Appeales - from the Magistrates, were by the Law Valeria reserued unto the people. And for - that the Consuls and other Magistrates oftentimes gaue small eare unto them - that did appeal unto them, the same Law was often times* renewed: and by the - Tribunitiall law Duillia the paine of death adioyned - - - - lib. 1. & 7. & 10. there unto, - for him that should oppose himselfe against the same; which Law Liuie calleth the foundation of the popular libertie: - albeit that it were euill executed. The same Law was yet more straitly kept in - Athens, where the last Appeal was reserued unto the people, not onely from the - Magistrates of the citie, but euen from the Magistrates of their allies and fellowes also: as the writings of Zenophon and Demosthenes do right - well declare. The same Law Contarenus writeth to have - 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 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, - but at Rome the Dictators, and other Magistrates also - oftentimes put to death condemned citisens, notwithstanding their appeal made - unto the people, as is in many histories to be - seene. Whereof there was an heauie example made by the Senate of Rome, which - caused the remainder of the Legion sent to Rhegium being - 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 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 - we have before touched. And the first that gaue the power unto the Roman Senat - to iudge without appeale, was Adrian the emperour, for - the edict of Caligula, whereby he gaue power to all - magistrats to iudge without appeale, tooke no place. And albeit that Nero decreed, that they which without cause had appealed - unto the Senat, should be punished with like punishment, as if they had - appealed unto his owne person: yet forbad he not men to appeale from the Senat - unto himselfe, although he had referred the appeales from all the magistrats - unto the Senat. But this aunswere seemeth directly contrary unto that we have - before said. For if no appeale were to be made from the Senat unto the - emperour, but that the last appeale was unto the Senat, then was not the last - appeale the true marke of soueraigntie. Ioine - also hereunto, that the Great master of the Pallace, whome they called Praefectum Praetorio, gaue iudgement without appeale, - receiuing also the appeales of all the magistrats and gouernours of the empire, - as sayth Flauius Vopiscus: as in every Commonweale* Flauius Volpiscus in Florian. - - we see certaine courts and parliaments which gaue iudgement without - appeale; as the eight parliaments in Fraunce, the foure courts in Spaine, the - imperiall chamber in Germanie, the councell at Naples; the fortie at Venice, - the Rota at Rome, the Senat at Milan; and so the greater courts of other - cities, who heare and decide either all or most part of causes, both publike - and priuat, without appeale: and in all the imperiall townes, duchies, and - counties, depending of the empire, no appeale is to be made unto the imperiall - 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, 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 - many of our late lawyers to say, civill supplications to belong unto the right - of soueraigne maiestie: and albeit that almost alwaies the decrees are againe - iudged by the same judges, as oft as request is made unto the prince concerning - a iudgement giuen▪ yet is it in his wil & power either to receiue or reiect - the request▪ and oftentimes hee calleth the cause unto himselfe therof to - determine, or to reuerse that which hath bene - done; or else remitteth it unto other judges, which is the true marke of - soueraigntie and last appeale, wherein the maiestie of the prince or people - doth most appeare: forasmuch as it is not lawfull for any magistrat or judge to - chaunge or amend their iudgement once giuen or recorded, without leaue of their - soueraigne prince, and that vpon paine of false iudgement. And if so bee that - the soueraigne prince wouldA soueraigne prince cannot by any - edict prohibit his subiects to appeale from his magistrates or to prefer - their humble requests unto himselfe. make an edict, that none of his - subiects should appeale from any of his magistrats, or preferre any request - unto himselfe against their iudgements, as the emperour Caligula was about to have done: yet neuerthelesse should it alwaies - be lawfull for the subiects to appeale, or to exhibit their requests unto the - prince: For that the prince cannot so bind his owne hands, or make such a law - unto himselfe; either prohibit his grieued - subiects from comming unto him with their humble supplications and requests: - For that such edicts concerning appeales and iudgements, are but civill decrees - and lawes wherewith the prince cannot be bound, as we have before said. For - which cause it seemed a new and absurd thing unto the Senat of France, and - especially unto Michael del' Hospital, that the - commissioners appointed to proceed against the president of Allemand, forbid - him by a decree made against him, to come within twentie leagues of the court, - so to cut him off from the meanes to preferre his petitions; which the king - himself could not of right take from his subiect, althogh it were in his power - to grant or reiect his request being once made unto him - knowne. We see also, that in all graunts of - publike lands by way of pention, with power and iurisdiction unto the children - or neere kinsmen of the house of Fraunce, and generally in the erection of - duchies, marquisats, counties, and principalities, fealtie and homage, appeale - and soueraigntie, are still reserued: that sometime there is onely reseruation - made of appeale and soueraigntie: as in the declaration made by king Charles the fift, to Iohn duke of - Berrie, bearing date the third of March, in the yeare 1374: wherein is also - fealtie and homage comprised. For it is certaine that the duchie of Berrie was - then the portion giuen unto the duke of Berry with the charge of rights royall, - and reuersion to the crowne for want of heires male: as I have learned by the - letters of graunt, which are yet in the treasurie of Fraunce. We see also the - like declaration of Philip Archduke of Austria, (Charles - - the fifts father) made to king Lewes the twelft, and another of him the same, in the - yeare 1505: wherein he acknowledgeth and professeth himselfe readie to obey the - decrees of the parliament of Paris, in regard of the countries of Artois and Flaunders, and of other - lands which he held of the king; and not to forbid them of those countries to - appeale unto the court at Paris. And in the treatie of Arras, made betwixt▪ - king Charles the seuenth, and Philip - the second, duke of Burgondy, there is expresse reseruation made of - 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, 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 - the decree of the parliament of Paris, giuen the xiiij of May, in the yeare - 1370. For otherwise if a soueraigne prince shall remit unto his vassall the - right of appeale and soueraigntie; which is unto himselfe due, he maketh him of - a subiect a soueraigne prince; as did king Francis the - first, discharging the duke of Loraine of all fealtie and homage, appeale and - soueraigntie, for the castle of Chasteler vpon the Maze in the yeare 1517. But - when hee suffered the same duke in soueraigne manner without appeale to gouern - in the duchie of Bar; and that the dukes, - officers, and magistrats afterward abused their permissiue authoritie, as in - absolute soueraigntie, the kings atturney generall thereof complained unto the - king, aduising him not to suffer the rights of his soueraigne maiestie to be so - impaired. Which thing Anthonie then duke of Loraine - understanding, and after him Francis his sonne, by - recognisance in autentique manner declared, that their purpose was not in any - thing to derogat from the fealtie and homage, appeale and soueraigntie that - they ought unto the crowne of Fraunce, by reason of the said duchie; and that - they had not therein used soueraigne iustice but by sufferance: which letters - of recognisance are in the publique records to be seene, and were afterward - exhibited unto the priuie councell, in the yeare 1564, in the raigne of Charles the ninth, who by all means sought by a most gratious and large charter to have giuen - unto Charles then duke of Loraine, the soueraigntie of - the duchie of Bar: but all in vaine, forasmuch as the king can by no meanes - alienat from himselfe, the rights belonging unto his soueraigntie, no not the - high court of Paris assenting thereunto, although the power and authoritie of - that court may where the king is, seeme to be nothing; in the presence of whom - all the power and authoritie of all magistrats cease.

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Wherfore the best & most expedient way, for the preseruation of a state is, - neuer to giue any marke or right of soueraigntie unto a subiect, and much lesse - unto a straunger: for that is one step and degree to - mount unto his soueraigne maiestie. And therefore - - No marke or right of soueraigntie is by the prince to be - bestowed vpon his subiect or a stranger. it was long doubted in the - councell, whether power and authoritie without appeale, should be graunted unto - Francis duke of Alencon (who had made mee master of - the requests and one of his councell) in that his dukedome; as had before bene - graunted unto the auntient dukes there. And although he were the kings best and - most louing brother, yet one of the atturneyes generall was so bold as to say - in full councell, That it were better to bring in twelue courts of parliament, - than to suffer that, albeit that that iurisdiction was for a short time - granted, and extraordinarie judges by the king appointed; with reseruation of - appeales, in many cases and causes, as also with exception of fealtie and - homage. Wherein our auncestors much offended, who with too much facilitie - (should I say, or necessitie) graunted the same iurisdiction unto the dukes of - Normandie. For by this meanes the dukes of - Britaigne and Burgundie reuolted from our kings unto the kings of England; for - that such judges were denied them, as had bene granted unto the dukes of - Alencon: taking it grieuously themselves, in the name of their magistrats to be - summoned unto the court at Paris, there to have those things reuersed which - their magistrats had vniustly determined; althogh sometime they were things of - right small weight and importance; whereof the dukes of Britaigne complained - both unto king Philip the Faire, and Philip the Long, who by their letters patents sent unto the court of - parliament in February 1306, and in October 1316, declared that their meaning - was not, that the duke of Britaigne or his officers, should bee called before - them into the court; but in question of soueraigntie, or in case they should - deny to doe iustice, or els had giuen false - iudgement.

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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 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 used 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 - appeale; or if they would needs that their decrees whatsoeuer should stand fast - and irremouable, because they would not seeme vnconstant or variable, that then - they should do as did the same king to Machetas, who of - his owne goods recompensed him, for that hee had vniustly condemned him in, - without chaunging of his former decree and iudgement.

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From this marke of Maiestie, and benefit of supreame Appeale, dependeth also - the - - The fift marke of soueraigntie power to grant grace - and pardon unto the condemned, contrarie to iudgement giuen, and to the rigour - of the lawes; be it for life, be it for goods, be it for honour, or recalling - from banishment: for it is not in the power of the magistrats or judges, how - great soeuer that they be, to graunt the least of these things unto the - condemned person, or of themselves, to alter any thing of the iudgements by - them once giuen. And albeit that the Proconsuls and gouernours of prouinces, - had as much power in their iurisdiction, as had all the magistrats of Rome - together: yet so it was, that it was not lawfull for them so much as to restore - him whome they had but for a time banished (as wee read - in the letters of Plinie the younger, gouernor of Asia - unto Traian the emperor) - 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 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: - Which they themselves might at the same time have done, but yet had rather to - request it of Papirius, than to take the guiltie person - from him against his will. For Fabius understanding - himselfe in his absence to be by the dictator condemned, appealed unto the - people: before whom Papirius - - defended his iudgement, as iustly giuen - against Fabius: which a man of his vertue and seueritie - would not have done, if an appeale might not have bene made from the dictator, - unto the people: and that in it was the power of life and death. Sergius Galba the Orator also, in like iudgement by Cato the Censor, attainted of treason, tooke his refuge - unto the people, who moued with his teares, and embracing of his children, - pardoned him. Whereupon Cato said, That Galba had beene well whipped, had hee not taken himselfe - unto his teares and his children. The same power of life and death had also the - people of Athens, as appeareth by Demosthenes, and Alcibiades, who both condemned, were afterward by the - people pardoned, and againe restored both unto their goods and honour. And - amongst the Venetians it is not lawfull for any their magistrats, no not for the duke himselfe, the Senat, or the - Decemuiri, to graunt pardon unto the condemned: for that is left unto the - discretion of the great councel of the Venetian gentlemen onely. The Decemuiri - before abusing their power by sufferance, graunted pardons, and neuerthelesse - was order taken in the yeare 1523, that the counsell of the Sages, which are in - number xxij, should therein be assisting unto them: and that the pardon should - take no place, without the generall consent of them all: but at length in the - yeare 1562, the councell was forbidden at all to meddle, or to have to doe in - that matter. And albeit that the emperour Charles the - fift, in the erection of the Senat at Milan, graunted thereunto all the markes - of soueraigntie, as unto his lieutenant and deputie in his absence, comming - verie neere unto absolute soueraigntie: yet so - it is, that hee still reserued unto himselfe the power to graunt pardon and - mercie unto the condemned; as I have learned by the letters patents by him - graunted: which hath bene a thing right straitly observed and kept in all - Monarchies. And although that in Florence during the popular state, the eight - men without all right had vsurped the power to graunt pardons: yet was that - power againe restored unto the people by Sodorin, after - the chaunge of the state. As for other kings they have still thought nothing - more royall, than to deliver the condemned from death: neither do they suffer - the judges or magistrats of other dukes and princes, to examine the letters - 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, 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 - soueraigntie of a prince can in no wise be imparted unto a subiect. - priuilege, and restored the letters patents unto the king, before they were of - her requested. For indeede that prerogatiue could not of right bee graunted - unto the French Queene, neither any other the proper markes of - Soueraigntie.

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And albeit that the Roman lawes say that the empresse is dispensed with from - all edicts and lawes: yet that taketh no place in this - realme of Fraunce; yea there is found a decree - in the records of the court, in the yeare 1365, in Iuly: whereby the queene was - condemned to lay downe in the court the money of her demaunded, whilest the - matter was in tryall; that the creditor might demaund it so laid downe vppon - good caution giuen: which by the Roman law is a meere iniurie, so to begin sute - of execution. I find also that king Charles the sixt, - 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, 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. - - Priuileges wrongfully wrested from kings cannot by any new - confirmation be made good. - -

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Now if any man shall obiect and say, That in auntient times the gouernours of - prouinces gaue pardons, as we yet may see by the custome of Henault, and of - Daulphinie: as also that the bishop of Ambrun, by autentique charters pretended - this power. Hereunto I aunswere, that such customes and priuileges, wrongfully - wrested and exported from our kings, were of good right abrogated by an edict - of king Lewes the twelft. And if such priuileges be of - no force: so may we also say their confirmations to bee of no more strength. - For the confirmation is neuer any thing worth, if the priuilege bee of it selfe - naught. Now must it needes be naught, for that it cannot bee seperated from the - crowne. For as wee have before said, that the priuileges by princes euen - lawfully graunted, cannot stand good for euer: so the rightes of - Soueraigntie, which cannot by the kings - themselves bee graunted unto any, without giuing away of ther Scepter and - kingdome, can much lesse being granted, bee by them confirmed.

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As for Gouernours, Deputies, Lieutenants generall of Soueraigne princes, it is - another reason; for that they have not that power by priuilege, or by office, - but by commission, as the deputies or lieutenants of their princes. But in the - state of a well ordered Commonweale, this power of Soueraigntie ought not to - bee giuen to any, neither by commission, neither by title of office, except it - bee for the establishing of a Regent in his gouernment, for the great distance - of places; or for the captiuitie of Soueraigne princes: or for that they are - furious; or else in their infancie▪ As it was - done by Lewes the ninth, who for his tender yeares, was - by the estates of Fraunce committed to the tuition of his mother Blanche of Castile; after that she had giuen certaine - princes for assurance that shee should not giue the tuition of him to any other - person. So the gouernment of the kingdome was committed unto Charles the fift, as Regent during the captiuitie of his father king - Iohn. And in the captiuitie of Francis the first, Louise of Sauoy his mother, - tooke vppon her the protection of the kingdome committed unto her by the king - her sonne▪ with all the royalties thereof, in the title of Regent. And the duke - of Bedford Regent in Fraunce, king Charles the sixt - being there distraught of his wits.

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But heer may one say unto mee, that notwithstanding the decree of Lewes the xij. - - The great priuilege of the chapiter of the church of in granting pardon unto the condemned. the chapiter of the church of Roan - pretendeth alwaies to have priuiledge to graunt pardon in the favour of S. - Romane: the day before whose feast, it forbiddeth all the judges, yea and the - parlament of Roan it selfe, to execute or put to death any one of such as then - be condemned; (as I have seene it put in practise being in commission for the - 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; 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 - encroaching vpon the kings maiestie: but the favour of the great bishops more - preuailing then reason, that priuilege was for all that he could say or do with - the publike shame and losse continued: but was since taken away by king Henry the third. This priuilege had great affinitie with - that whichA great priuilege granted unto the Vestall - Virgines and the Cardinalls in Rome. was giuen unto the Vestall - virgins at Rome, which was to giue pardon unto him that was going to execution, - if any one of the Vestal virgins by chaunce happened to meete him, as saith Plutarke in the lyfe of Numa. The - like custome whereof is yet kept in Rome, for if a condemned man there meet a - Cardinall, he is thereby delivered from punishment. But I deeme that to bee - most pernitious in the priuilege of S. Romane, that no man could enioy the - 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 used 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 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 - iudgement) that no soueraigne Prince, nether yet any manWhat - is by the lawe of God death, ought not by the prince to be in any wise - pardoned. a▪ live can pardon the punishment due unto the offence - which is by the law of God death, no more then he can dispence with the law of - God, whereunto he is himselfe subiect. And if it be so, that the magistrat - deserue capitall punishment, which dispenseth - with the law of his king▪ how shall it be lawfull for a soueraigne prince, to - dispence with his subiect from the law of God? And further if the Prince him - selfe cannot giue away the least civill interest of his subiect, or pardon the - wrong done unto an other man: how can he than pardon the wrong done unto - almightie God? or the murther wilfully committed; which by the law of God is - death, for all the pardon he can giue. But then wherein (might a man say) - should the princes mercie show it selfe or appeare? if it could not show grace - unto the punishment appointed by the law of God? Wherunto I aunswere, that - there are meanes plentie, as in pardoning bloodshed committed by chaunce, or in - defence of a mans selfe, or in mitigating the rigour of the positiue civill - lawes: as if the prince should vpon paine of death forbid a man to beare - armes, or to carrie victuals unto the - enemie; pardon shall yet well be bestowed vpon him that hath borne armes for - the defence of himselfe onely; or on him which constrained by pouertie, hath - sold victuals deere unto the enemie, to releeue his owne great necessitie. Or - whereas by the law the punishment for theft is death, the good prince may - conuert that punishment into the restitution of foure fold, which is the - punishment by the law * of God appointed. But the wilfull murderer You shall take him - - - - Deut 19. & 21. - (saith the law) from my sacred altar, neither shalt thou have - pitie on him, but cause him to dye the death: and afterwards I will stretch - forth my great mercies vpon you. Neuerthelesse the Christian kings on - that day which they commaund to bee most holy kept, as on Good Friday, vse for most part to pardon some one man or other, - condemned of - - Whie grieuous offences are to be seuerely punished and not - in any wise pardoned. most horrible and notorious crime. Now pardons - graunted to such villaines drawe after them plagues, famine, warres, and ruines - of Commonweales; and that is it for which the law of God saith, That in - punishing them that have deserued to dye, they shall take away the cause from - among the people: for of an hundred villaines there commeth scarce two of them - into the triall of iustice: and of those that come, the one halfe of them for - want of proofe and of witnesses escape vnpunished: and then if when they are - proued princes graunt unto them pardon, what exemplarie punishment shall there - be for offences and villanies committed in the Commonweale? And many offendors, - when they cannot of their owne prince obtaine grace - and pardon, interpose the favour of some other - forren prince, who becommeth an intercessour for them. Whereof the States of - Spaine complained unto king Philip, presenting unto him - 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 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 - iniurie done against his owne person: and of all capitall punishments none is - more acceptable unto God, than that which with most seueritie is executed, for - the wrong done unto the maiestie of himselfe. But what then are we for - to hope for of the prince, which most - cruelly revengeth his owne iniuries, and pardoneth the wrong done to others; - and especially those which are directly done to the dishonour of almightie - God.

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Now that which we have said concerning the grace and pardon graunted by a - soueraigne prince unto men condemned, is to the vttermost to be extended, euen - unto the preiudice of the great lords, unto whome the confiscation of the - offendours lands or goods by law or custome belong, who are not to be receiued - to debate or impugne the pardon graunted by the prince; as by decree of - parliament hath bene adiudged. Now many there be, which draw the grace of the - princes gracious restitutions unto priuat iudgements: as when a man is for want - of councell deceiued or cosoned; or requesteth - 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 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 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 - have oftentimes pleaded with thee before the iudges, but I neuer said, for - him whom I defended, Pardon him my lords, he was deceiued, he thought it - 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 having soueraigne power, had also the power of - life and death, (and so to graunt pardon) which the judges had not.

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Now as for liege fealtie and homage, it appeareth, that it is one of the - greatest rights - - The sixt marke of soueraigntie of soueraigntie; as we - have before declared: in respect of him to whom it is due, with out - exception.

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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 understood by the Greeke - and Latine worde; for the Latine word Nummus▪ seemeth - well to have beene deiued of the Greek word . For nothing is in a - Commonweale of greater consequence next unto the law, than the value, weight, - and stampe of the coyne; as we have in a spe▪ ciall - treatise declared: and in euerie well ordered Commonweale, none but the - soueraigne prince hath power to appoint the - same. As we read they did in Rome, when the value of the Victoriat was - appointed and set downe, it was done by an expresse law of the people. And - albeit that the Senat by decree to ease the publike necessitie, made the halfe - pound of copper as much worth as the pound; and a while after the quarter, as - much worth as the pound, vntill that the ounce was valued as much worth as the - pound: yet all this was done by the consent of the Tribunes, without which - nothing that the Senat had therein decreed was of any force. And after that, - Constantine the emperour made a law, That they which - had coyned false money should be punished as men guiltie of high treason: which - law all princes have most straitly kept, taking unto themselves the - confiscations of false coynes, excluding all others, which have any claime thereto. With like punishment also are they to - be punished, which without the princes leaue coyne good money. And albeit that - many particular men in this realme, had in auntient time priuilege to coyne - money, as the countie of Touraine, theThe right and power to - coine monie the inseperable marke of soueraigntiec to be granted unto - subiects. bishops of Meaux, Cahors, Agde, and Ambrun, the counties of - S. Paule, of Marche, Neuers, Blois, and others: yet for all that king Francis the first, by a generall edict took away all - those priuileges: which could not indeed be graunted: but beeing graunted, were - by the law made void: ioyning hereunto also, that they were not to endure, but - for the life of them that graunted them, as we have before showed in the nature - of priuileges: howbeit that this marke and right of soueraigntie ought not in - any sort to be at all communicated unto a subiect. As it was well declared to - Sigismundus Augustus, - - 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, 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 - 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 - yeare 1465. And the Romans when as they suffered money of Brasse, and siluer to - be coyned in all their prouinces, yet did they forbid any to be there coyned of - gold, reseruing that still unto themselves. Howbeit that Iohn duke of Berry had priuilege of Charles the - fift, the French king, to coyne money of both mettals; who because hee would - not any thing therein offend, caused peeces of gold to bee coyned with the - figure of a sheepe vpon them, of the finest - and purest gold that euer was either before or since coyned in this realme.

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Yet is it not to be omitted, that though the prince contrarie unto the law, - shall giue to any man power to stampe money, that the worth and valour thereof - stil dependeth of the soueraigne prince; in such sort, that they which so coyne - the same, have no other profit thereby but the stampe onely; where of princes - do wonderfully vaunt and glorie. But of auntient time in the Roman Commonweale, - whilest it was a popular state, the Triumuiri Monetales, - or masters of the mint, coyned the money with such a stamp or marke as they themselves thought good, with their names & - these letters thereuppon, - - III Viri, A. A. A. FF. which Caulis baileiffe of the mountaines interpreteth, Aere, Argento, Auro, Flauo, Ferunto: but more truely thus, Trium viri, Auro, Argento, - - King Seruius the first that coined monie in Rome. - - Aere, Flando, Feriundo. And truely Seruius king of the Romans was the first that there stamped an heauy - coyne of brasse, with the figure or impression of an Oxe vpon it, to the - imitation of Theseus king of Athens, who had coyned - money with thePlutarch in Theseo. same figure or - marke, and the figure of an Owle. Whereby it appeareth the Greeke and Latine - princes of old, not to have bene touched with that vaine desire of glorie, - wherewith other princes were tormented: and wherafter the kings of Asia and - Affrike most greedily longed. The first that coyned money in Greece with his - owne imagePhilip of Macedon the first that coined monie in - Grece with his owne image thereon. thereon, was Philip king of Macedon: which peeces of money were therof called Philippaei; - - 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 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 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 - their money, as the marke of iustice.

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Now if the power of coyning money be one of the rights and markes of - Soueraigntie; - - The eight marke of soueraigntie. then so is also the - power to appoint measures and weights; although that by the customes receiued - there is none so pettie a lord, which pretendeth not to have this right. - Whereby it commeth to passe, that by the infinit varietie of weights andThe great varietie of waights and measures hurtfull to a - commonweale. measures, the Commonweale taketh no small harme. Which - was the cause that the kings Philip the Faire, Philip the Long, and Lewes the xj - had resolved, that there should be in this kingdome but one manner of weight - and measure: and now the commissioners appointed for that purpose, by comparing - them together, had made euen all the measures and weights of this realme, and - brought the matter to good effect, had not king Lewes by - death bene taken away, before it was fully perfected: yet the booke whereby the - same might more easily be brought to passe, is yet extant in the court of - accounts: howbeit that the execution - thereof proued more difficult than was thought it would have done, by reason of - the great contention, and sutes that thereof arise. Neuerthelesse we read in - Polybius, that the same was wel executed in all the - cities of Achaia, - - Lib. 3. and Morea, where they had not but like - money, like weights, like measures, customes, lawes, religion, officers, and - gouernment.

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As for the right to impose taxes, or imposts vpon the subiects, is as proper - unto soueraigneThe ninth marke of soueraigntie. - maiestie, as is the law it self: not for that a Commonweale cannot stand - without taxes and tallages, as the President the M. hath well noted, that taxes - were not leuied in this realme, but since the time of Saint Lewes the king. But if it must needs be that they must for the publike - 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, 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 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 - payments, which could hardly have bene extorted from the bodie of the whole - commonaltie: yet so it was, that that still passed by the sufferance of the - Tribunes of the people, who ost times also opposed themselves against the same. - Yea and that in such sort, that they presented a request unto the people, that - from that time forward no man vpon paine of his head should bee so hardie, as - to cause any law to be passed in the campe: for that the Senat by subtill - 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; - 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 - there was great want of coyne in the common treasurie; there was by a law made - a taxe generally imposed vppon every man, which was by another contrarie law - againe repealed, after the returne of Paulus Aemylius, - who with the spoyles of Perseus king of Macedon, so - filled the citie, and euerie priuat man also with wealth, as that the people - was from that time discharged of all taxes and payments, vntill the Triumuirat - civill warre, about an hundred yeares after, vntill that such new taxes and - tributes as by the power or couetousnes of former tyrants had bene imposed vpon - the people, were by the good Herodianus. - emperour Pertinax againe eased and taken away. - -

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But here might some say, diuers particular lords here and there, to exact not - onely customes, but tributes also, not onely in Fraunce, where (as Caesar hath most truly written) nothing is more - contemptible than the vulgar people: but in England and Germanie, and much more - straitly in Denmarke, Polonia, and Norway: which impositions and tributes, are - 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 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, 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.

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Now if Pompeius hath denied, that the common high way - can by any continuance of time be prescribed vpon: why then should these men - thinke the rights of customes and tributes, or of soueraigne maiestie to be - prescribed against; and yet the common high way belongeth not unto the right of - Soueraigntie. Wherefore it were better to - confesse (which yet without deadly wrong cannot bee done) those aforesaid - things which we have spoke of, not at all to belong unto the right of - soueraigne maiestie: or else to say that the kingdome it selfe, and in briefe - the royall crowne and scepter might be prescribed vpon. The same we are to - thinke also of the exemptions from the payment of taxes and tributes, which no - man can graunt unto another man, but hee which hath the soueraigne power in a - Commonweale: which is also prouided for in an article of the edict at Moulins: - neither is that enough, but that the charters of such immunities graunted, must - be also enrolled in the records of the court of accounts, and be allowed of by - the judges of the court of Aydes. But what kind of taxes and tributes there be, and how farre they are to be exacted, shall in - due place be declared: let it now for the - present suffice, it to appeare, that right and power to belong only unto - Soueraigne maiestie.To lay an imposition vpon salt, no marke - of soueraigntie. - -

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Now many there be that thinke also, that to have power to lay an imposition - vpon salt, is a more proper marke of Soueraigntie than the rest: and yet therof - giue no good reason. For almost in every Commonweale we see salt pits and mines - both to be, & alwayes to have bene in priuat mens possession, not onely - vpon the sea coasts towardes the South (for toward the north it hardeneth not - with the Sunne) but also in the mediterranean regions, wherein mines of salt, - and wels of salt water are found. As in Spaine, in Italie, Fraunce, and the - countrey of Cracouia, is found salt in great aboundance. Yea euen at Rome we - read, some priuat men to have had salt mines. Yet true it is, that manie - soueraigne princes have of auntient time - imposed tribute vpon salt; as did Lysimachus - - The kings which layed the first imposition vpon salt. - king of Thrace, Ancus Martius king of Rome, Philip Valois king of France, who were the first that - exacted tribute vpon salt, every one in his owne kingdome. And albeit that by - the law Valeria the people of Rome were freed from such customes & - tributes, as had by their kings bene brought in and imposed vpon them: yet Liuius the Censor thought no imposition in the - Commonweale lighter or fitter, than that which was laid vpon salt; who thereof - surnamed Liuius Salinator, (or Liuius the Salter.) For why that imposition little or nothing - impaireth the right of priuat men: but that they still remaine lords and owners - of their salt pits, aswell as of their other mines, sauing unto the Soueraigne - prince his rights and customs. - -

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But forasmuch as the sea it selfe cannot be proper unto any priuat man, the - rightsHow farre of a soueraign prince may lay impositi - ons vpon the sea, from his owne coast. thereof belonging unto such - soueraigne princes as dwell thereby, who may lay impositions thereupon thirtie - leagues off from their owne coast, if there bee no other soueraigne prince - neerer to let them, as it was adiudged for the duke of Sauoy. Neither can any - but a soueraigne prince giue them letters of safe conduct; which the Italians - call Guidage; nor yet of right take any wracke: as is - expresly prouided for by the decree of the emperour Fredericke the second. A thing truely most barbarous, and not in - auntientWrackes by what small right they belong to - soueraigne princes. time of soueraigne princes used, shamefully to - suffer the reliques of the goods and fortunes of such as have by shipwracke - miserably perished, and whome we ought with some part of our owne to releeue, - being cast vpon our coast, and which ought with good faith to be againe restored, to be most shamefully I say spoyled. Yet - such is the manner of all that have ports vpon the sea, in this case to show - such extremitie aswell unto their owne people, as to straungers. But by what - right doe you aske? The common errour maketh the right: or if the wrong be done - not by errour, but by knowledge, then it is meere wickednesse, masked with the - vaile of errour. For I have heard that at such time as the emperours - ambassadours complayned unto Henry the second, the - French king, in the yeare 1556, that two gallies which had suffered wracke vpon - the coast of Corcyca, were taken by Iordan Vrsin, - requesting to have the same gallie againe restored: he was aunswered by Anne Mommerance then constable of Fraunce, that wracks by - the law of all nations belonged unto such princes as ruled vpon the coasts - whereon they were cast. Which law was so - strong, as that Andrew Doria neuer so much as complained - of the losse of two of his gallies, confiscated by the prior of Capona the - French Admyrall, for casting anchor onely vppon the land without leaue, which - of antient time men by the law of nations might right lawfully do. And wheras - by the Roman law it was lawfull for any man to seise vppon things lost, or - vppon goods or lands vacant and forbidden: now it is onely lawfull unto them - which have the soueraigne power, or some other iurisdiction by law or custome - confirmed unto them, to take unto themselves things lost or forsaken, and that - after a certaine determinat time: which in a thing - moueable is defined to be fortie dayes after the publication of the thing lost or forsaken: except it be in the meane - time by the right owner chalenged. And as for vacant possessions, the Roman - emperours have decreed, That they may at any time within foure yeares be againe - recouered by the prince: but that after foure yeares once expired, a man may - prescribe euen against the common receipt. But forasmuch as these things are - 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 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, having obtained the - crowne, erected the chamber at Blois, for his particular demaines of Blois, - 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, 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 - found out the lawes and rights of the receipt: but yet so as that of one they - make ten, that so they may seeme the moe: so confounding and mingling - the rights of soueraigntie with the rights - of receipt (which are also common unto priuat men) and publike things with - 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 under the case of - priuileges.

- -

As for the right of Marque, or of Reprisall, which soueraigne princes have - properTo grant letters of Marque, or of reprisall now to - belong only unto the soueraign prince. unto themselves from all - others, it was not of auntient time proper unto a soueraigne prince; but - permitted unto every man without leaue, either of magistrat or of prince to - take reprisall, which the Latines called Clarigatio: - howbeit that the princes by little and little - gaue this power unto magistrats and gouernours; and in the end reserued this - right unto their owne soueraigntie, for the better assurances of their peaces - and truces, which were oftentimes broken by the rashnesse of some particular - men, abusing this right of Marque or Reprisal. In this realme the parliament - graunted letters of Marque, as we find by the decree of the xij of Februarie - 1392, vntill that Charles the eight by an especiall - edict, reserued that power unto himselfe, in the yeare 1485. It is also of our - men properly called a royaltie or right of soueraigntie, whereby the prince, a - bishop being dead, taketh unto himselfe the profits of the bishopricke, in the - meane time whilest another bishop is chosen by the chapter, or by the prince - himselfe appointed: and so being sworne, is put into possession thereof: but - forasmuch as that in all places is not - observed: and few there be that have that right, it is not to bee accounted - among the markes of soueraigntie.

- -

There be many other right small things, which are accounted proper unto - princes,Small things and yet proper only unto soueraign - princes. as things concerning their greater reputation and dignitie, - as in their edicts, mandats, and commissions to vse these words, Dei Gratia, by the grace of God; which wordes Lewes the xj, the French king, forbad the duke of - Britaigne to vse in his life; although we read them to have bene used almost in - all auntient leagues; and attributed not unto great princes and commaunders - onely, but euen to the least magistrates and deputies - also. The kings of Fraunce have also reserued unto themselves the right to - seale with yellow waxe, a thing forbidden - their nobilitie and other their iusticiaries; which Lewes the xj by speciall priuilege and letters patents graunted as a - great favour unto Renate - - To seale with yealowe wax graunted unto a great prince as a - favour. of Aniou, king of Naples and Sicilie, that in fealing he - might vse yellow waxe: with like priuilege unto his heires also, confirmed in - parliament the 28 of Iune 1465. He which copied the Comentaries of Tillet, calleth it white waxe, which I find our kings - neuer to have used.

- -

But much more it belongeth unto the royaltie of soueraigne maiestie, to be able - toTo be able to chang the subiects language a marke of - soueraigntie. compell the subiects to vse the language and speech of - him that ruleth ouer them: which the Romans so commaunded their subiects, that - euen yet at this day they seeme farre and wide to raigne ouer a great part of - Europe. But the king of the Hetruscians, who - last was by the Romans ouercome in all other things yeelded unto them, but in - that he could in no wise be perswaded to yeeld, to chaunge his countrey - language, and to receiue the Latine tongue, as Cato - Censorius writeth. But France for that it swarmedThe - cause whie the French tounge is somuch confounded with latine. as it - were with citisens of Rome, did so confound the Latine tongue, with the - naturall countrey speech, as that the auntient writers called our countrey men - Romans; yea the iudgements and decrees of the higher court of parliament, viz. of Paris were set downe in Latine (which the - presidents and gouernours were commaunded to doe) vntill that Francis the first had giuen order that they should vse their owne - countrey language: as by like edict Edward the third - commaunded the judges and magistrats of England, to giue iudgements in their - owne countrey language, when as before they - used the French. And at such time as the Sarasins had subdued the greatest part - of Asia, and Afrike: they withall most farre spred their language and religion - euen into the farther part of Spaine: which when Philip - king of Spaine would gladly have suppressed, yet could he by no meanes effect - it.

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Some amongst the markes of Soueraigntie, have put also the power to iudge - andA soueraigne prince may according to his cōscience - discide matters beyond either lawe, or custome. decide matters, - according to their conscience; a thing common to all iudges, if they be not by - expresse law or custome prohibited so to doe. And that is it for which wee - oftentimes see in the edicts vpon the articles committed to the arbitratarie - iudgement of the judges, this clause added, Wherewith we have - charged our conscience. For if there be either custome or law to the - contrarie, it then is not in the power of the judge, to passe beyond the law, or to dispute against the receiued - law. For that was a thing forbidden by the most politique lawes of Lycurgus: and also by the most auntient lawes of - Florence, whereas a soueraigne prince may do both, if he be not by the law of - God forbidden; whereunto we have before showed him to be still subiect.

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As for the title of Maiestie it selfe, it sufficiently appeareth, that it onely - belongeth toThe title of maiestie proper to soueraigne - princes. him that is a soueraigne prince: so that for him that hath - no soueraigntie to vsurpe the same, were a verie absurd thing: but to arrogat - unto himselfe the addition of most excellent and sacred maiestie, is much more - absurd▪ the one being a point of lightnes, andTitles dewe to - God beseeme not princes. the other of impietie: for what more can we - giue unto the most mightie and immortall God, if we take from him that which is - proper unto himselfe? And albeit that in - auntient time neither emperours nor kings used these so great addition or - titles: yet the German princes neuerthelesse have oft times giuen the title of - Sacred Maiestie unto the kings of Fraunce; aswell as unto their emperour. As I - remember my selfe to have seene the letters of the princes of the empire, - written unto the king, for the deliverance of countie Mansfeld, then prisoner in Fraunce: wherein there was sixe times V. S. M. that is to say, Vestra, Sacra, - Maiestas, or Your Sacred Maiestie▪ an addition proper unto God, apart - from all worldly princes. As for other princes which are not soueraignes some - vse the addition of His Highnesse, as the dukes of - Loraine, Sauoy, Mantua, Ferrara, and Florence: some of - Excellencie, as the princes of the confines; or else - of Serenitie, - - as the duke of Venice.

- -

I omit here many other meaner rights which Soueraigne princes every one of them - pretend in their own countries, in number infinit, which yet are no marks of - soueraignMarkes of soueraigntie ought to be such as are - proper to all soueraign princes in generall. ty, such as ought to be - proper to all soueraigne princes in generall, apart from all other lords, - iusticiaries, magistrats, and subiects, and which are of their owne nature - incessible and not to be alienated from the soueraigntie: nor by any course of - time to be prescribed. And if the soueraigne prince shall giue or grant any - lands or lordship of the publique possessions, unto any, with iurisdiction and - power to vse the same, in such sort as he himselfe might: albeit that the - royall rights properly belonging unto soueraigntie, be not in the charter or - writings expresly excepted: yet are they alwayes by the verie - - Soueraign rights cannot by the prince be alienated neither - by any other be prescribed against. law it selfe thought to be - excepted, which by an old decree of the counsell of France was decreed not only - for graunts made unto priuat men, but also for such gifts or grants as were - made unto the princes themselves descended of the royall blood and familie: - which royall rights can by no tract of time whatsoeuer, be prescribed against - or vsurped vpon. For if publique place, or the publique possessions of the - Commonweale cannot be got by any prescription: how much lesse then can the - royalties proper unto soueraigne maiestie be prescribed vpon. But it is - certaine by the edicts and lawes concerning the publike demaine, that it is not - to bee alienated, neither by any tract of time to be gained. Which is no new - thing: For it is two thousand yeares agoe since that Themistocles, making seisure of certaine lands belonging unto the - publike demaine, vsurped by some priuat men; - said in the oration which hee made unto the people of Athens, That mortall men could nothing prescribe against the immortall God: neither - could priuat men in any thing prescribe against the Commonweale. The - selfe same speech Cato the Censor used also in the - Oration which he made unto the people of Rome, for the reuniting of some part - of the publike demain, vsurped vpon by certaine priuat men. How then can a man - prescribe vpon the rights and markes of Soueraigntie? And that is it, for which - 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, 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.

- - Finis Lib. Primi. - - - -
- -
- -
- - - - THE SECOND BOOKE OF - - OR CONCERNING A COMMONWEALE. - -
- - - - CHAP. I. ¶ Of all sortes of Commonweales in generall, - and whether there bee any moe then three. - -

- - FOrasmuch as we have before sufficiently spoken of - Soueraigntie, and of the rights and markes - thereof; now it behoueth vs to consider who they bee which in every Commonweale - hold that Soueraigntie; thereby to iudge what the estate is: as if the - Soueraigntie consist in one onely prince, wee call it a Monarchie: but if all - the people bee therein interressed, we call it a Democracie, or Popular estate: - So if but some part of the people have the Soueraigne commaund, we account that - state to be an Aristocracie. Which words we will vse, to auoide the obscuritie - and confusion which might otherwise arise, by the varietie of gouernours good - or bad: which hath giuen occasion unto many, - to make moe sorts of Commonweales than three. But if that opinion should take - place, and that we should by the foot of vertues & vices, measure the - estate of Commonweales; we should find a world of them, and them in number - infinit. Now it is most certaine, that to attaine unto the true definitions and - resolutions of all things, wee must not rest vppon the externall accidents - which are innumerable, but rather vpon the essentiall and formall differences: - for otherwise a man might fall into an infinit and inextricable labyrinth, - whereof no knowledge is to bee had, or certaine precept to be giuen. For so a - man should forge and fashion infinit numbers of Commonweales, not onely - according to the diuersitie of vertues and vices; but euen according to the - varietie of things indifferent also. As if a Monarch were to bee chosen for - his strength, or for his beautie, for his - stature, or for his nobilitie, or riches, which are all things indifferent; or - for his martial disposition, or for that he is more giuen to peace, for his - grauitie, or for his iustice, for his beautie, or for his wisdom, for his - sobrietie, or his humilitie, for his simplicitie, or his chastitie; and so for - all other qualities, a man should so make an infinitie of Monarchies: and in - like sort in the Aristocratique state, if some few of many should have the - soueraigntie aboue the rest, such as excelled others in riches, nobilitie, - wisedome, iustice, martiall prowesse, or other like vertues, or vices, or - things indifferent, there should thereof arise infinit formes of Commonweales: - a thing most absurd, and so by consequent the opinion - whereof such an absurditie ariseth, is to be - reiected. Seeing therefore that the accidentall qualitie chaungeth not the - nature of things: let vs say that there are but three estates or sorts of - Commonweales; namely a Monarchie, an Aristocratie, and a Democratie. We call it - a Monarchie, whenThat there are but three sorts of - commonweales viz: a Monarchie a Democratie: and an Aristocratie. one - man alone hath the soueraigntie in a Commonweale, in such sort as wee have - aforesaid. And a Democratie, or Popular estate, when all the people, or the - greater part thereof hath in it the soueraigne power and commaund, as in one - bodie. The Aristocratie is, when the lesser part of the people hath the - Soueraigntie, as in one bodie, and giueth lawes unto the rest of the people, - whether it be in generall, or in particular: all which things are of themselves - more cleerer than the day. And true it is, that the writers of auntient time do - therein well agree, that there can be no lesse then three kindes or sortes of Commonweales: Whereunto some others have - ioyned a fourth, composed of all three: and some other a fift, diuers from all - the rest.

- -

- - Plato hath unto these three well adioyned a fourth kind, - that is to wit, where some few of the better sort excelling the rest in vertue, - have the soueraignetie: which for allThe diuers opinions of - the auntient writers concerning diuers sorts of commonweals. that in - proper tearmes, is nothing else but a pure Aristocratie: - how be it, he hath not receiued the mixture of the aforesaid three states, for - 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 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 - Contarenus, Frauncis Machiauell, and many other following Polybius, have as it were with one consent approoued his - opinion, which in deed is most auntient, and tooke not beginning from Polybius, although he would seeme to be the authour - thereof, neither from Aristotle, but aboue foure hundred - yeares before Aristotle. Herodotus (the father of - antiquitie) writeth, that fourth kind of a Commonweale, confused of the three - other, to have be commended of many, and yet for all - that contenting himselfe with the three former kinds, reiecteth the rest as - imperfect: And were it not that I were not onely by probable arguments, but - euen by forcible reasons drawne from that opinion of Polybius, - - - - Tullie, and the rest, I could easilie have suffered my - selfe to have been ouercome by the authoritie of so great and graue men. It - behoueth vs therefore by lively reasons to shew them to have erred and been - deceiued, which have brought in that fourth kind of Commonweale composed of the - mixture of the other three: which I trust the more plainly to bring to passe, - if I shall vse the same examples in refelling of them, that they themselves - have before used. For they them selues have set downe the Lacedemonian, Roman, - and Venetian Commonweales to have been compounded and sweetely mingled with the - three kind of states, that is to say, with the Monarchie, Aristocratie, and - Democratie. But when Plato said, the best kind of a - Commonweale o be composed of the mixture of a - Monarchie and Democratie, he was therefore forthwith reprehended by his scholler Aristotle, saying, that of these two could no commendable state be - made, and that therefore it was better of all three estates to make a fourth: - wherein Aristotle reasoneth also against himselfe; for - if he confesse no good thing possiblie to be made of two extreames; what shall - then bee made of three confounded amongst them selues? And for that this - opinion for the making of a fourthNo fourth estate of a - commonweale to be made of a confusion of a Monarchie, a Democratie and an - Aristocratie. estate of the confusion of the rest, may moue great - troubles in Commonweales, and therein worke maruelous effects, it is requisite - for vs well to examine the same: For when states of Commonweales are in them - selues contrarie, as a Monarchie and a Democratie, they - are by contrarie lawes and ordinances to be gouerned. The Florentins throughly perswaded of that opinion of the auntients - for the mingling of the three estates together, as the best forme of a - Commonweale; when they moued with the seditious sermons of P. - Soderin, and Hierome Sauanarola, had translated - the soueraignetie or chiefe power of the Commonweale unto the people: thought - it best to keepe the rout of the vulgar and common people from bearing of - offices and rule, and altogether from the affaires of state: that so the chiefe - managing of matters might be reserued unto the more auntient sort of the - citizins, and such as were of greater wealth and abilitie then the rest: who - yet had not power to dispose of all matters, but onely of such things as were - the chiefest, viz. the making of lawes, the creating of magistrats, and - disposing of the common treasure: reseruing the rest unto the Senat and - magistrats, that so they might inioy that - moderat state of a Commonweale, whereof they had so strongly dreamed. And - certes if of the three estates moderately mixed might a fourth state arise, it - should have a certein power by nature diuers from the rest: as we see in - Harmonicall consent, composed of Arithmeticall and Geometricall proportion - artificially confused; yet quite differing from them both: so as if the mixture - of things of diuers and contrarie natures, ariseth a third all together - differing from the things so together mixed. But that state which is made of - the mixture of the three kinds of Commonweales, differeth in deede nothing from - a meane popular state; For if three cities, whereof one of them is gouerned by - a king, and so a Monarchie; the second by the nobilitie, and so an - Aristocratie; the third by the people, and so a Democratie; should be confounded, and so thrust together into one and - the same forme of a Commonweale, and so the chiefe power and soueraignetie - communicated unto all: who is there that can doubt but that that state shall be - all together a state popular? except the soueraignetie should by turnes be - giuen; first to the king, then to the nobilitie, and afterwards to the people; - As in the vacancie of the Roman kingdome, the king being dead, the Senators - ruled by turnes: yet must they needes againe fall unto one of these three kinds - of a Commonweale which we have spoken of: nether could this alternatiue manner - of gouernement be of any long continuance, either yet more profitable to the - Commonweale, then as if in an euill gouerned familie, the wife should first - commaund the husband; then the children them both; and the seruants after them - to dominier ouer all.

- -

But to confound the state of a monarkie, with the Popular or Aristocratical - estate, is a thing impossible, and in effect imcompatible, and such as cannot - 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 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 - also have the power to make the lawes? who should he be that could giue the - law? being himselfe constrained to receiue it - of them unto whom he him selfe gaue it? So that of necessitie we must conclude, - that as no one in particular hath the power to make the law in such a state, - that then the state must needs be a state popular. Now if we shall giue power - unto the people to make lawes, and to creat magistrats, and not to meddle in - the rest; we must yet needs confesse that such power giuen unto the magistrats - belonged unto the people, and that it is not giuen but as in trust unto the - magistrats: whom the people may againe displace, euen aswell as they placed - them, in such sort as that the state should alwaies be popular.

- -

And to proue that which wee have said to be true, let vs take the same examples - that - - Polybius, Contarenus, and the rest have left vs; They - 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 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 - example of a most pure Aristocratie? what will they also aunswere unto Theucidides, Xenophon, Aristotle, and Plutarche? who speaking of the warres of Peloponnesus (which continued - twentie yeres betwixt the Popular and the Aristocratique Commonweals) say, that - the whole drift of the Athenians and their allies was to chaunge the - Aristocraties into Democraties, as they did in Samos, Corfu, and all the other - cities by them subdued. Whereas contrariewise the Lacedemonians purpose and intention was to chaunge the Popular - states into Aristocraties, as in deede they did in all the cities of Greece - after the victorie of Lysander; yea euen in the citie of - Athens it selfe, where after he had layed the wals euen with the ground, he - tooke the soueraignetie from the people, and gaue the same unto thirtie - citizens, (who are therefore of the Athenians called the thirtie Tyrants) to - rule and gouerne in such sort and manner as they did amongst the Lacedemonians, - where so many, and no moe had the gouernement of the state. But among the - citizens of Samos, the Siaeyons, the Aeginits, the Mylesians, and other cities - of Ionia and the lesser Asia, they gaue the soueraignetie unto Tenne principal - men, with one chiefe Captaine ouer them, for the managing of the warres; - calling hoame againe such as had bene banished - for holding with the Aristocratie, and driuing into exile them that were chiefe - of the popular factions.

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What will they also say to Maximus Tyrius, who reckning - vp the States which held the pure Aristrocratie first of all nameth the - Lacedemonians, and after them the Thessalians, the Pellenians, the Cretentians, - and the Mantineans. We must first conuince these so many and so famous authours - of vntruth, before we can thrust the Lacedemonians from their Aristocratie: - which writers liuing almost in the same time wherein the Athenian and - Lacedemonian Commonweales flourished, and beeingGasper - Contareus, Nicholas Machiauel, Sir Thomas Moore. The cause that induced - Polybius and others to say that the Lacedemonian estat was a state composed - of the mixture of the three states and forms of a commonweale. The historie - of a Lacoedemonian commonweale. themselves Grecians, were like more - certainly and truely to know these things, than a Venetian Senator, a - Florentine, or an English man. - -

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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 having - altered the state of the Commonweale, and by the good will and consent of the - 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 - at once left his two sonnes to raigne together ouer the Lacedemonians (to the - imitation of the Messenians, ouer whome Amphareus and - Leucippus together raigned) who whilest they would - both be kings and commaund ouer all, could neither of them so be, but by their ielous conceits and contentions, - drawing the state into factions, gaue occasion to Lycurgus, being descended also of the same stocke with them, to - ouerthrow their royall power, leauing unto them and their house nothing els but - the name and show of kings, giuing the rest unto the Senat and the people. But - as in Athens and Rome, after the kings were thence driuen out, they yet left - the name of a king unto a certaine priest, whome they called King of the - Sacrifices, to doe a certaine sacrifice, which the king himselfe onely had in - 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, 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 - resting with the people, in whose power it was to confirme or infirme the acts - and decrees of the Senat. Thucidides also himselfe - reiecteth the opinion of them which thought the kings each of them to have had - two voyces. But about an hundred yeares after the popular state, ordayned, was - againe chaunged by the kings Polydorus and Theopompus; - seeing it to bee an hard matter to call the people together, and a great deale - harder to rule them by reason, being assembled; - oftentimes at their pleasure reuersing the most wholesome and religious decrees - of the Senat. Wherefore they chaunged that popular gouernment into an - Aristocratie, subtilly wresting an Oracle of Apollo to - 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 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 - Plutarch saith) if they then saw any starre, as it - were, sparkle or shoot, they thereupon - committed their kings to prison, who might not thence be delivered, vntill the - 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 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 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 - about thirty yeares after, it was by Gallus the Roman - Proconsull taken from the Achaeans, and by Roman emperours set at libertie. - Thus in few words you may see the true historie of the the Lacedemonian - Commonweale, for most part taken from Xenophon, Thucidides, - Liuy, & Polybius, whereof yet no man hath - more curiously written than Plutarch, who out of the - Lacedemonian acts and publike records, hath corrected such things as of others - have bene but slightly or falsly set downe and reported: which hath giuen - occasion to many to be deceiued, and to thinke that state to have bene mingled - of the three diuers kindes of Commonweales. Which is plainly to be gathered out - of Liuie, where he bringeth in Nabis the first tyrant of Lacedemonia, thus speaking to Titus - - - - Flaminius, Noster legulator Lycurgus, non in paucorum manu - Rempubesse voluit, quem vos Senatum appellatis, - nec eminere vnum aut alterum ordinem in ciuitate, sed per aequationem - fortunae & dignitatis fore credidit, vt multi essent qui propatria arma - ferrent, Our lawgiuer Lycurgus (saith he) would - not the state of our Commonweale to bee in few mens hands, which you call the - Senat, neither would have any one or other order to excell the rest in our - citie; but by the making equall of mens fortune and dignitie, thought it would - come to passe, that there should be many which would beare armes for their - countrey. Thus he couereth his tyrranny with the show of a popular state, when as then there was no popular estate at all; yet in - that he said most truely, that - - Lycurgus at the beginning gaue the soueraigntie unto the - people.

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But let vs see the rest. They also have put for example the Roman Commonweale, - which they said to have bene mingled of the three kinds of Commonweales: For so - saith Polybius (who was maister to Africanus the Great) Wee see (saith hee) the regall power in the - Consuls, the Aristocratie in the Senat, and the Democratie in the people.The Romaine commonweale a meare popular state and not composed - of the three formes of commoweals. unto whome do plainely assent Dionysius Halycarnasseus, Cicero, Contarenus, Sir Thomas - More, and many others: which opinion for all that is neither grounded - 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 - 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, - neitherNo soueraigntie in the Romaine Consulls any - great officer, neither graunt pardon, neither take a peny out of the common - treasure, neither so much as to whip a citisen, if it were not in time of - warre, without leaue of the people: which hath bene a power alwaies giuen to - all gouernours of armies, whome we also may so call kings, and with greater - appearance than the Consuls, who had not power but the one of them after the - other, and that but for the space of one yeare onely. The constable of Fraunce, - the chiefe Bassa of the Turkes, the Bethudere in Aethiopia, the Edegnare in the - kingdome of Afrike, have ten times more power - than had the two Consuls together, & yet for all that they are but subiects - & Slaves to other princes, as were the Consuls subiects and seruants unto - the people. And to what purpose say they, that the Consuls had such royall - authoritie, seeing that the least of the Tribunes of the people might imprison - them. As did Drusus the Tribune, who by a sergeant tooke - Philip the Consull by the coller, and cast him in - prison, for that hee had interrupted him, as he was speaking unto the people: - and that he might lawfully so doe, shall hereafter be declared. The power of - the Consuls was to lead the armies, war being before denounced, to assemble the - Senat, to present the letters of the captaines and allies unto the Senat, to - giue audience unto ambassadours before the people or the Senat, to call - together the great estate, and to demaund the aduise of the people, about - the election of officers, or promulgation - of lawes; who yet standing, spake unto the people sitting, and their mases - downe, in token of their subiection unto the people. The same authoritie with - the Consuls had the chiefe gouernour of the citie in their absence. Ioyne - hereunto also, that the Consuls had power but for one yeare: wherefore I leaue - this opinion as scarce worthy the refuting.

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Now as concerning the Senat, which they say to have had the forme and power - ofThe smal power of the Romaine Senate: and that therein - was no resemblance of an Aristocratie an Aristocratie, it was so - farre there from, as that there was neuer priuie councell, which had not more - authoritie: for it had no power to commaund either particular men, or - magistrats: yea the Senators might not assemble themselves, except it so - pleased the Consuls, or the Praetor in the absence of the Consuls: insomuch - that Caesar a popular - man, perceiuing himselfe not gratious with the Senat, oftentimes called the - people together in the yeare of his Consulship: but the Senat in all that yeare - he assembled but once or twice, still presenting his request unto the people - 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, having requested the - Consuls to name a dictatour, the Consuls would therein doe nothing: insomuch - 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 - - - - Liuius lib. 4. - - dicere, Consules pro vestra potestate cogatis: Tribuni pro - collegio pronunciant, placere Consules Senatui dicto audientes esse, aut in - vinculase duci iussuros, The Senat (saith he) appealeth unto you the - Tribunes of the people, that in so great daunger of the Commonweale, you for - the great authoritie you have, would compell the Consuls to nominat a Dictator: - whereupon the Tribunes pronounced for their whole societie, that their pleasure - was, that the Consuls should be obedient unto the Senat, or els that they would - commaund them to prison. And in another * place the same author saith, - That - - Liuius lib. 27. the Senat was of aduise, that - the Consull should present the request unto the people, for the commaunding of him whom they would have Dictator: - which if the Consull should refuse to doe, that then the Praetor of the citie - should do it: who if he should refuse also, that then the Tribunes of the - people should propound the matter. Consul negauit se populum - rogaturum, Praetoremque rogare vetuit: Tribuni plebis rogarunt, The - Consull denied to request the people, and forbad the Praetor also to request - them, the Tribunes made the request. Wherby it euidently appeareth, that the - Senat could not so much as commaund the lesser magistrats, the greater - magistrats forbidding them. And as for that which Polybius saith, That the Senat had power to iudge of cities and - prouinces, and to take punishment of conspirators against the state: * Liuie - - - - Liuiu. lib. 26. - - showeth it to have bene otherwise, as when question was made for the - chastising of the traitors of Campania, who - after the battell at Cannas had ioyned themselves unto Hannibal, an auntient Senator said in full Senat, Per Senatum agi de Campanis iniussu populi non video posse, I see not - that any thing can by the Senat bee done concerning the Campanians without the - commaundement of the people. And a little after, Rogatio - ferator ad populum, qua Senatui potestas fiat statuendi de Campanis, - Let request bee made unto the people, wherby power may be giuen unto the Senat, - to determine concerning the Campanians. And vpon the request to that purpose - presented unto the people, the people gaue them commission, and commaunded the - Senat to proceedThe people of Rome in their assemblies did - e in token of the - soueraigntie. against them in this sort, Quod - Senatus maxima pars censeat, qui assident id volumus iubemusque, What - the greatest part of the Senat shall agree vppon, wee that here sit will and commaund the same. Neither is Polybius - - sse deceiued, in saying, That the Senat at pleasure - disposed of the prouinces and gouernments: whereas Liuie - the best author of the Roman antiquities, is of contrarie opinion, writing - thus, Quitus Fuluius postulauit a - Consule vt palam in Senatu diceret, permitteret ne Senatui vt de prouincijs - decerneret, staturusque eo esset quod censuisset, an ad populum laturus: - Scipio respondit se quode Republica esset facturum. Tum Fuluius a vobis peto - Tribuni plebis vt mihi auxilio sitis. Quintus Fuluius requested of the - Consul, that hee should openly say in the Senate whether hee gaue leaue or not - unto the Senat, to determine of the prouinces, and whether he would stand to - that it should decree, or els would referre the matter unto the people: - Whereunto Scipio answered, That hee would do that which - should be for the good of the Commonweale. - Then said Fuluius, I request you the Tribunes of the - people to aid and helpe me. So that it plainely appeareth, the Senat to have - had no power at all, neither the decrees thereof to have bene of any force, - without the consent of the Tribunes of the people: and that the rest they had - by the sufferance of the same people. Now he that hath nothing but by - sufferance, hath indeed nothing of his owne, as we have before said. Yea such - decrees of the Senat, as were confirmed by the consent of the Tribunes of the - people, unto whome they were to be communicated, could not yet be put in - execution, except that either the Consuls did so command; or that the Consuls refusing so to do, the Tribunes themselves propounded - the same unto the people. So that in briefe - all matters of estate, and namely all the councels and decrees of the Senat - were of no force or vertue, if the people did not so command: or if the - Tribunes of the people consented not thereunto, as wee have before touched, and - shall more at large declare in speaking of a Senat. Wherefore in the Roman - state, the gouernment was in the magistrats, the authoritie and councell in the - Senat, but the soueraigne power and maiestie of the Commonweale was in the - people. Excepting that time wherein the Decemuiri contrarie to the law, kept in - their hands longer than a yeare, the soueraigne power to make lawes committed - unto them; from which they were shortly after by force of armes remoued: for - then it might of right have bene called an Aristocracie, or more properly to - say an Oligarchie. Now as we have before said, - that the power of magistrats (how great soeuer it be) is not of themselves, - neither theirs, but as committed unto them in trust: so at the first, after the - driuing out of the kings, the Senators were chosen by the people; who to - discharge themselves of that labour, committed that charge to the Censors, who - were also chosen by the people, so that vpon the matter all the authoritie of - the Senat depended of the people, who at their pleasure used to confirme or - infirme, to ratifie or disanull the decrees of the Senat.

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The same opinion hath Contarenus of the Venetian - Commonweale, saying it to beThe Venetian estate a pure - Aristocratie and not composed of the three formes of commonweals also - mixt of the three formes of Commonweales, as were those of Rome and - Lacedemonia: For, saith he, the royall power is in a sort in the duke of - Venice, the Aristocracie in the Senat, and the - popular estate in the Grand Councell. But Ianot after - him hath most curiously brought to light the true estate of the Venetian - Commonweale; wherein he sheweth by most euident testimonies, drawne out of the - most auntient and true Venetian records, That Contarenus - in so saying was much deceiued. He sheweth plainely, that not past three - hundred yeares ago, before the time of Sebastian Cyanee - duke of Venice, the Venetian estate was a pure monarchie. Howbeit that Contarenus writeth it to have bene established in the - state it now is eight hundred yeares: and Pau. Manutius, - saith it to have so stood twelue hundred yeares: all which Ianot proueth out of the publike records, and certaine historie to be - vntrue. But howsoeuer that be, plaine it is, at this day to be a pure - Aristocracie: For by the view of the citie and the - - 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 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 - be seene more in some one, than in some others: and yet hath it not bene found - this hundred yeare, that the Grand Councell assembled, to decide the great - affaires of that state, hath exceeded the number of fifteene hundred, as is to - be seene in the histories of Sabellicus, and of cardinall Bembus, the rest - being absent. It is therefore the leastThe soueraigntie of - the Venetian estate to be in the grand counsel. part of the Venetians - that have the soueraigntie, and they also of certaine noble families, for all - the gentlemen borne in Venice, are not receiued into the Grand Councell; but - there are of one and the same stocke, of the same race, of the same name, - whereof some are citisens, and come not into the councell, and the others come. - I do not here set downe the reason why, which every man may see in Sabellicus. This great councel as Contarenus saith, hath soueraigne power to make and repeale lawes, to - place or displace all officers, to receiue the last appeales, to determine of - peace and warre, and to giue pardon unto the condemned. - Wherein Contarenus condemneth himselfe: for seeing it is (as he saith) it cannot be denied, but - that the state of this Commonweale is Aristocratique. For were it that the - Great Councell had no other power than to make lawes and magistrats, it were - enough to proue it to be an Aristocraticall state, as we have before said: for - if those officers have any power, they hold it of the Seigneurie: which - sufficeth to show, that neither the Decemuiri, neither the Senat, neither the - Sages, nor yet the duke with his sixe councellors, have any power but by - 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 - 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 - of the fortie judges in civill or criminall causes, or of the Grand Councell. - For albeit that he may enter into all their corporations and colleges, yet so - it is, that he hath but his voice, as any one of them; but that he vseth to - giue it to the last: neither dare he to open any letter directed unto the - Seigneurie, or admit or discharge any ambassadours, but in the presence of his - sixe councellors, or of the Decemuiri, or to go out of the citie without leaue. - Yea Falerius the duke, for that he had without the - consent of the councell married a straunger, was by the Decemuiri hanged. And - beside him Sabellicus reckoneth vp twelue dukes moe, - either by the tumultuous people slaine, or otherwise put to death for abusing - their authoritie. But he weareth a most - pretious cap, a robe of gold, he is followed, honoured, and respected as a - prince: and the coyne carrieth his name, albeit that the stampe of the - Seigneurie be vpon it, which are all tokens of a prince: all which royall - magnificence we graunt him to have, but yet all without power or commaund. Now - if it were so that we should not according unto truth, but after showes and - appearances iudge of the estate of Commonweales, there should be found none - simple and pure, but all mixt and confused in such sort as they say. Yea the - empire of Germanie should be much more mixt, than the Venetian state. For the - emperour hath other markes andThe state of the Germaine - empire and of the Swissers, Aristocraticall and not mixt. more royall - than hath the duke of Venice: then the seuen princes electors, with the other - princes, have the show of an Aristocracie, or of an Oligarchie: and the - ambassadours of the imperiall townes resemble - a Democracie. And yet for all that most certaine it is, that the imperiall - state of Germanie is a pure Aristocracie, composed of three or foure hundred - persons at most, ouer whome one prince beareth rule, to put in execution the - decrees of the councell, or els is to be forced to giue vp his office, as wee - shall in due place declare. In like manner they say also the states of the - Swissers to be mixed of the three diuers formes of a Commonweale: Amongst whome - the Burgamaister representeth the king, the Senat an Aristocracie, and the - assemblies generall and particular, the state popular: and yet for all that men - know might well, that all their states and Commonweales are either popular, as - are they which inhabit the mountaines, or els Aristocratike, as are almost all - the rest. - -

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And this opinion of the mixed state hath so possessed the mindes of men, that - manyThe estate of France a pure Monarchie and not - mixed. have both thought and wit this - monarchie of Fraunce (than which none can bee imagined more royall) to be mixt - and composed of the three kinds of Commonweals, and that the parliament of - Paris hath the forme of an Aristocracie, the three estates of a Democratie, and - the king to represent the state of a monarchie: which is an opinion not onely - absurd, but also capitall. For it is high treason to make the subiect equall to - the king in authoritie and power, or to ioyne them as companions in the - soueraigntie with him. And what popular power appeareth, when the three states - are assembled? or the parliament called? or wherein is - the soueraigne maiestie of a prince so much - manifested, as when every man in particular, and all men in generall, aswel the - noble as the meniall, with bended knee, and bare head, adore their king? offer - unto him their requests, which he at his pleasure admitteth or reiecteth. What - counterpoise of a popular power against the maiestie of a monarch can there be - in the assembly of the three estates? yea of the whole people, if it could be - gathered into one place, whichThe power of a soueraign - prince in nothing dimi nished by his parliament, but rather much the more - therby manifested. humbleth it selfe, requesteth and reuerenceth - their king. So farre is it from that such an assembly in any thing diminisheth - the power of a soueraigne prince, as that thereby his maiestie is the more - encreased and augmented. For it cannot bee exalted into a more high degree of - honour, of power, and of glorie, than to see an infinit number of great lords - and princes, and people innumerable, of men of all sorts and qualitie, to - cast themselves downe at his feet, and to - doe homage unto his maiestie; seeing that the honour, glorie, and power of - princes, consisteth not but in the obeysance, homage, and seruice of their - subiects. If then no forme or fashion of a popular power can bee imagined in - the assembly of the three estates, which they make in this realme, no more or - haply lesse than in England and Spaine: much lesse shall there be an - Aristocracie in the Court of Peeres, (who are so called, for that they bee - equall one with another among themselves, but not with the prince, as some have - too rustically deemed) or in the assembly of all the officers of the realme, - considering that the presence of the king doth make all power and authoritie of - all corporations and colleges, and of all officers aswell in generall as in - particular to cease: in such sort, as that no magistrat hath power to commaund any thing in his presence, as we will in - de place declare. And albeit that the king sitting - in his seat of iustice, the chauncelour first addresseth himselfe unto him, to - know his pleasure, by commaundement from whome he goeth, gathering the aduise - and opinions of the princes of the blood, and other great lords, the peeres and - magistrats, which he reporteth againe unto him: yet is not that so done, to the - intent to number the voyces, as in the consistorie among the judges, but that - the king understanding their opinions, may as seemeth unto him good, receiue or - reiect the same. And albeit that most times he follow the opinion of the - greater part, yet to make it knowne, that it is not the judges or magistrats - decree, but the decree of the prince onely, and that the rest of the magistrats - have therein no power, the chauncelor pronounceth not this or that to be thought good unto the judges of the - court, but with a lowd voice vseth these words, The king - sayeth unto you. Wee see also that the court of parliament, writing - unto the king, keepeth euen yet the auntient stile, which is this in the - superscription of their letters, To our Soueraigne Lord the - King. The beginning ofThe forme the courtes of - parliament in Fraunce hold in writing to the king. which letters is - on this sort, Our Soueraigne Lord in most humble wise, and so - much as in vs is we recommend vs to your good grace, And the - subscription placed as low as may be: Your most humble and - obedient subiects and seruants, the men holding your court of - Parliament. Which is not t thanner of the lords of an Aristocracies speech: neither - of such as are companions in Soueraigntie with the king, but of true and humble - subiects. And for that I have touched this point before, I will now lightly - passe it ouer. The state of Fraunce therefore - is a pure Monarchie, no mingled with the popular - power, and so lesse with the Aristocratique Seigneurie: which mixture of states - is altogether impossible, and incompatible. And Aristotle most subtilly examining this opinion, for the mixture of - states, truly calleth the state composed of an Aristocratic and a Democratie - , that is to say a - Commonweale: but showeth not how that may be done, neither giueth thereof - example, as he vsually doth in others: but to the contrarie confesseth, that he - knew none such in his time; or yet had found any such before, albeit that he is - reported to have gathered an hundred Commonweales into - one booke, which booke is now lost. And forasmuch as Aristotle seldome or neuer reporteth - the true opinions of Plato, but to the contrarie alwaies - disguiseth and obscureth them as the antient Academiques have right well noted; - and namely where hee reiecteth his Commonweale; vpon whose sayings many resting - themselves have oftentimes deceiued both themselves and others. We not addicted - 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 under foot, and rayling thereat as fast.

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- - Plato faigned unto himselfe onely two Commonweales, - whereof the first hee attributed to Socrates, who neuer - thought (as saith Xenophon) of that which Plato maketh him to say: - and in his Commonwealth he taketh away these words, Mine, and Thine, as the source and fountaine of - all euil, and would have al goods, yea wiues and children to be common. But - seeing euerie man to find fault therewith, he quietly left it, as if he had so - writ more for argument sake, than for that he so thought, or to have the same - put in effect. The second is his owne, wherein hee taketh away the communitie - 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 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, - according to the vnequall rate of their - substance. As for the soueraigntie hee giueth it unto the whole multitude of - the people; as to make and abrogat lawes, cause sufficient enough to iudge that - he ment to make it a popular estate, if there were nothing else. But he passeth - on farther, and giueth unto the whole assembly of the people power to place and - displace all the officers: and not content with that, willeth also that the - people should have all the power to iudge in criminall causes; for that they - are (as he saith) all therein interessed. In briefe he giueth unto the people - power of life and death, to condemne, and to graunt pardon; which are all - euident arguments of a popular state. For he appointeth no soueraigne - magistrat, which might represent the state royall, and but a little of the - 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 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 - gouernment of his Commonweale: sufficeth it mee to have showed Plato his imagined Commonweale not to have bene made of a - mixture of an Aristocracie, and Democracie, as Aristotle - said, whose errour Cicero, Contarenus, and others, one - after another following, led the rest that followed them into errour also.

- -

Let vs therefore conclude, neuer any Commonwealth to have beene made of an - Aristocracie and popular estate; and so - much lesse of the three states of Commonweales, and that there are not indeed - but three estates of Commonweales, as Herodotus first - most truely said amongst the Greekes, whome Tacitus - amongst the Latins imitating, saith, Cunctas nationes & - vrbes, populus, aut primores, aut singuli regunt, The people, the - nobilitie, or one alone, do rule all nations and cities.

- -

But some man will say, May there not be a Commonweale, wherein the people hath - the power to create the magistrats, to dispose of the common reuenew, and power - of life and death; which are three markes of soueraigntie, & the nobilitie - to have power to make lawes, to dispose of peace and - warre, and of the impositions and taxes; which - are also markes of soueraigntie: and besides all these to have one royall - 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 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 - state was neuer found, neither that such a state can bee made, or yet well - imagined,That it is impossible to compose one commonweale - of the mix ture of the three formes of commonweals. considering that - the markes of soueraigntie are indiuisible. For the nobilitie which should have - the power to make the lawes for all: (which is as much as to say to commaund - and forbid what them pleased, without power - to appeale from them, or for a man to oppose himselfe against their commaunds) - would by their lawes at their pleasure forbid others to make peace or warre, or - to leuie taxes, or to yeeld fealtie and homage without their leaue: and he - againe to whome fealtie and homage is due, would bind the nobilitie and people - not to yeeld their obedience unto any other, but unto himselfe. And admit that - euerie one would seeke to defend his owne right, and not suffer any thing to be - 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 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 - soueraigntie. Whereof as there be many examples of old, so is there none fitter - in our time, than the example of the kings of Denmarke, whome the nobilitie - euer since Christiern the great grandfather of Frederike which now raigneth, hath almost made subiect - unto the lawes. Christiern they thrust out of his - kingdome, and set vp his cosen in his place, with condition that he should - neither make peace nor warre, without the leaue of the senat: nor that he - should have any power to condemne any gentleman to death; with many other like - articles, which I will in their place set downe: which the kings since that - time have sworne to keepe: which that they should not go against, but that they might be the more firmly kept, the - 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 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 - Sweden also tossed, the king whereof lived in such distrust with his nobilitie, - as that king Henry wasTo diuide the - rights of soueraigntie daungerous to all commonweals. glad to take a - 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 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, - with wonderfull stinke and contagion annoy all that come neere them, vntill - they bee quite altered, and become new things; as when egges are set vpon, - 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 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.

- -

Yet might one say, that in the estate of the Romans the lesse part of the - people chosen out of the richer sort made the lawes, and greatest officers; - namely the Consuls▪ the Praetors, the Censors, had both soueraigne power of - life and death: and disposed of warre, and that the greater sort of the people - made the lesser officers and magistrats, to wit, the Tribuns of the people; the - foure and twentie militarie Tribunes; the two Aediles or Sherifes; the - Treasourers; the Scout, and mynt masters, and gaue also all benefices vacant, - and more then that the greater part of the people iudged of the great criminall - processes before Sylla, if it tended not to the naturall or civill death of - any. And by this meane it seemeth that that - 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 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 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 - times or neuer happen. Matters being still so agreed vpon, as that they came - not alwayes unto the second companie, but seldom to the third, and most seldom - to the fourth, scarcely at all unto the fift, and neuer unto the sixt: wherein - was all the rabble of the poore and base people, in number farre exceeding all - the rest: yet sufficeth it for our purpose, that all the people had thein part, - to shew it to have beene a popular state: albeit that the most noble and richer - sort were first called. And yet for all that the meniall people, (that is to - say, the greater sort of the people) without the nobilitie, seeing them selues - sometime deceiued of their voices (after that the kings were driuen out) and - little or no regard to be had of them, began tumultuously to arise: whereof - grew the three departures of the people - into the mount Auentine, whither the people in armes had retired them selues - for the defence of their libertie and power against the nobilitie: which could - not bee appeased vntill it was lawfull for them to chuse unto them selues their - owne sacred magistrats, and that in their owne assemblies, from which the - nobilitie was excluded: and then the Commonweal seemed in a maner to have beene - mixt of the nobilitie and the people. But if a man will consider the shortnes - of the time, and the turmoyles where with the Commonweal was in the meane time - afflicted, he shall confesse that it could scarce have stood in that state, - although most miserable twentie or thirtie yeares: neither yet so long, had it - not on every side beene beset with enemies. For shortly after the people tooke - unto them selues the power to make lawes, - 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 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 - do, if the other companies should have disagreed among them selues: a reason - sufficient to showe the state even at that time also to have beene a popular state. - -

- -

Yet for all that a man may say that it followeth not hereof that there are not - but three sorts of Commonweals, although they cannot be amongst them selues - mixed: for it may be that of threescore thousand citizens in a citie, fortie - thousand may have the soueraigntie, and twentie thousand be excluded: where, - for that the greater part beareth the sway, it shal be a popular state: and - 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 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 - 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 - ouer th grea ter it is to be accounted an - Aristocratie. citizens beare rule ouer the rest: for otherwise if the - diuersitie of the number should make the diuersitie of Commonweals, there - should be of them a million, yea an infinite of diuers kinds of Commonweals: - for the number of them which should have part in the state encreasing or - diminishing, should make an infinite diuersitie, whereof no knowledge is to be - had; suffiseth it the soueraigne power to be with the greater orWhat a principa litie is. lesser part of the people, for - the making of an Aristocracie or Democracie. The rest of the difficulties which might be moued concerning the - 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 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 - of honour, and the antiquitie of their houses among themselves; with a loude - voice brought forth that verse of Homer which Agamemnon vseth against Achilles, - who would needs make himselfe equall and - companion with him.

- -

- - .

- - - - An euill thing it is to be ruled by many: - - one prince, and one king, where there is any. - - - -

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 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: - for this word (Prince) to speake properly signifieth no - other thing but him that is first. So the Iewes complained Aristobulus the first of the house of the Amoneans, to have chaunged - the principalitie which was Aristocratique, into two kingdomes, at such time as - he tooke one crowne to himselfe, and sent an other to his brother. The like wee - find, that the auncient cities of Tuscanie made alliance with Tarquinius Priscus king of the Romans; vpon condition that hee should - not have power ouer them of life and death: neither to - put garrisons into their townes, nor to impose - vpon them any taxes or tallages; or to chaunge any of their customes or laws, - Sed vt ciuitatum principatus penes regem Romanum - esset, but that the principalitie of their cities onely should be with - the Roman king: for so saith Florus. Now all those - cities were of a popular state. Wherefore Tarquinius was - but the first and chiefe in the assemblies of those cities, who might gouerne - the multitude no otherwise than doth the emperour in the German empire, or the - duke in Venice, or Genua, who may most rightly be called princes, as in the - same sence in antient time the chief magistrat among the Athenians, was called - , or prince: yet was - that Commonweale of all other most popular.

- -

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 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 - charge of the Commonweale for ten yeares, made that state in show and false - semblant but a principalitie, when as before hee had placed in all the - prouinces fortie legions, and taken three for the safetie of his person, and - put sure garrisons into all the castles and strong fortresses of the empire: so - inuading the royal power without a Scepter, without a Diadem, or a Crowne; - whose successors - - In matter of state he that is maister of the forces, is - master of the men, of the▪ lawes, and of all the commonweale. - (excepting some few) some more, some lesse, exercised most cruell tyranny. For - Tiberius in the beginning of his raigne, rise vpon - the Consuls, and meeting them gaue them way, (as sayth Tranquillus) but afterwards oppressed the Commonweale with most filthy - seruitude and slauerie. But here is to be considered what was in deed done, and - was not made show of: for he that beareth greatest sway in the Commonweale, him - 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, having some one for chiefe or principall aboue the rest, the - soueraigntie yet still remaining with the nobilitie or the people. - -

- -
- -
- - - - CHAP. II. ¶ Of a Lordly Monarchie, or of the sole - gouernment of one. - -

- - WE have before said, that a Monarchie is a kind of - Commonweale, wherein the absolute soueraigntie lyeth in the power of one onely - prince: which definition we are now to explaine. When we say of one, so the - word Monarchie of it selfe importeth: For if we shall in theA true soueraig commaundeth all others his - subiects, but is himselfe by none commaunded. gouernment ioyne two or - moe, no one of them shall have the soueraigntie: for that a soueraigne is hee - which commaundeth all others, and can himselfe - by none be commanded. If then there be two princes equall in power, one of them - hath not the power to commaund the other, neither can hee suffer the commaund - of the other his companion, if it stand not with his owne pleasure, otherwise - they should not be equals. Wee may then conclude, that of two princes equall in - 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 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 - the Sabines, after certaine conflicts, making peace entred into societie - together, vpon condition, that both their people vnited together, should dwell - within the same walles, and by the name of Quirites by common soueraigntie be - gouerned by both kings. But Romulus, who before by the - slaughter of hisA very hard matter for two princes in one - and the same commonweale long to hold the soueraigntie togeather. - brother Remus had rid himselfe of his fellow in the - kingdome, could not long endure the straunger to raigne with him, but caused - him to be slaine, or at leastwise held the murtherer excused, being for the - fact apprehended. Long time after the Roman empire was conuerted from a - Monarchy into a Binarchie: at such time as Antoninus - Pius left M. Aurelius, and Aelius Verus, emperours, and both fellowes in the same - empire: of which two Aelius in short time after died, and not without the suspition of - poison. For it is, and alwayes hath bene a thing most hard to maintaine the - equall soueraigntie of both together. And that which Lucan writeth,

- - - - Nulla fides regni socijs, omnis que potestas, - - Impatiens consortis erit. - - - - - - No sincere loue is to be found in partners of the soueraigne state, - - And fellowship in power great, is alwaies mixt with mortall hate. - - - -

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, 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 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 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, 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 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 - commonly the pictures of the man and his wife, their names and armes are ioined - together; as if the soueraigntie belonged unto them both: as it chanced when king Ferdinand married Isabel queene of Castile, Anthonie - of Burbon, Ioane - - queene of Nauarre, and Philip king of Spaine Marie the daughter of Henrie king of England. Howbeit the English men would not - suffer him to have any part with her in the soueraigntie, or of the fruites or - profis thereto belonging, but that the same should remaine wholly unto her - selfe; albeit that they were contented that they should both (for fashion sake) - beare the name, and both the one and the other signe charters, and commissions, - 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, 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 - queene. Than which no more effectuall reason can be giuen against the - Manichies, who crroneously appointed two gods of equall power; one good, & - the other euil: for if it were so they being contrarie the one to the other, - should either ruinat the one the other, or els being at continuall variance, - should without ceasing trouble the sweet harmonie and concord that we see in - this great world. And how could the world endure those two lords of equall - power, and contrarie in will the one to the other, seeing that the least citie - or Commonweale cannot suffer two, albeit that they were brethren, if they - should fall neuer so little at variance: much more easily could it endure three - such princes than two; for that the third might vnite the two, or els ioyning - himselfe with the one, constraine them both to live in peace. As it happened so - long as Pompee, Caesar, - - - - A commonweale better gouerned by three great soueraigns then - by two. and Crassus lived, whome the people - called the monster with three heads: for so long they peaceably gouerned the - Roman empire, which then depended of their power. But so soone as Crassus was slaine in Caldea, straight way the other two - 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 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 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 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 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 - weals, but proceedeth of the diuersitie of the gouernour in the Monarchie: For - there is great difference betwixt the state, and the gouernment of the state: a - rule in pollicie (to my knowledge) not before - touched by any man: for the state may be in a Monarchie, and yet the gouernment - neuerthelesse popular; if the king do distribute all places of commaund, - magistracie, offices, and preferments indifferently unto all men, without - regard of their nobilitie, wealth, or vertue. But if the prince shall giue all - commaund, honours, and offices, unto the nobilitie onely, or to the rich, or to - the valiant, or to the vertuous onely, it shall be a royall Monarchie, and that - simple and pure, but yet tempered in maner of an Aristocracie. So also an - Aristocratique seigneurie, may gouerne their estate popularly; diuiding the - honours and preferments therein unto all the subiects - 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 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.

- -

Wherefore a lawfull or royall Monarchie is that where the subiects obey the - lawesThe three sorts of Monarchies aptly - described. of a Monarque, and the Monarque the lawes of nature, the - subiects inioying their naturall libertie, and proprietie of their goods. The - lordly Monarchie is that where the prince is become lord of the goods and - persons of his subiects, by law of armes and lawfull warre; gouerning them as - the master of a familie doth his Slaves. The tyrannicall Monarchie, is where the prince contemning the lawes of - nature and nations, imperiously abuseth the persons of his free borne subiects, - and their goods as his owne. The same difference is also found in the - Aristocratique and popular estate: for both the one and the other may be - lawful, lordly, and tirannicall, in such sort as I have said: for the greatest - tyrannie of all other is of Tully called the rage of the - furious and turbulent people.

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Now as concerning the lordly Monarchie, it is convenient for vs first to - intreatThe lordly Monarchie the first that was amongst - men. thereof, as of that which was first amongst men: for they are - 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, 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, - Aristotle, and Xenophon, have put robberie among - the kinds of hunting, as wee have elswhere noted. For before the time of Nemrod no man is found to have had powerNemrod the first Monarkie. and rule one ouer an other, - all men liuing in like libertie; he being the first that tooke vpon him the - soueraigntie, and that caused free borne men to serue: whose name seemeth to - have beene giuen him according unto his qualitie, for asmuch as Nemrod signifieth a terrible lord. Soone after the world - was seene full of Slaves, Sem one of the sonnes of Noe yet liuing. And in - the whole course of the Bible, the scripture speaking of the subiects of the - kings of Assiria and Aegipt, calleth them alwaies Slaves: and not the holie - scripture onely, but the Greekes also, who alwayes in their writings tearme - them selues free, and the Barbarians Slaves; meaning by the Barbarians the - people of Asia and Aegipt. And therefore the kings of Persia denouncing warre, - demaunded the earth and the waters, (as Plutache - writeth) to showe that they were absolute Lords of all that was in the land and - sea conteined. And that is it for which Xenophon in his - Cyropaedia writeth, that it is a thing good and - commondable among the Medes, that the prince should be lord and owner of all - things: And thereof came the adoration which not onely the subiects, but - straungers also, yea and the embassadors of - forren nations used towards the kings of Persia, to showe that all was in his - power. For when Themistocles, whose name euen then and - long before was most famous, would after the manner of the Greeks have spoken - unto the Persian king, Atabanus captaine of the kings - gard, kept him from comming unto him, neither would suffer him to preferre any - request unto him, vntill such time as he had after the Persian manner adored - him: but afterwards when he was gon out of the kings presence, hee courteously - spake unto him, and in these words excused that he had done; It is seemely O - Themistocles, to follow the fashion of the countrey - wherein a man is: you Grecians make great reckning of - your libertie and equalitie of commaund; but we esteeme it for the best thing in the world to reverence, serue, and - honour our king, as the image of the living God. Whereunto agreeth that which - Liuie writeth, Barbaris pro legibus - semper dominorum imperia fuerunt. The commaund of their lords have - 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 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 - nations. But the prince which shall by vniust warre, or other vnlawfull meanes - make of freemen his Slaves, and possesse himselfe of their goods, is not a lordlike Monarche, but a verie tyrant: from - which Adrian the emperour was so farre, as that he would - not that a slaue a player, should enioy his libertie, which his master at the - request of the people of Rome had giuen him in the Theater, but left it to the - discretion of his master, to be as he thought good disposed of: As had Tiberius before, and after that Marcus - Aurelius Adrian his sonne in like case forbid the same: whatsoeuer - consent the master had giuen at the clamour of the people; reputing it rather - forced than done of good will: to the end that the full disposition should be - in every mans power, of that which unto him belonged. And now although at this - present there be few princes which have in their absolute power the bodies and - goods of their subiects, although we see many tyrants; yet are there many in - Asia and Africa: but in Europe I know none - which take so much vpon them, beside the Princes of the Turkes, and of the - Moscouits. True it is that the Moscouits call themselves Chlopes,The great Turk and the Moscouite the only lordly Monarque in - 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 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 - called Lord of the Turkes, for that he is lord of their persons and goods; whom - for all that he gouerneth much more courteously and freely, then doth a good - housholder his seruants: for those whom wee - call the princes Slaves, or seruants, the Turkes call them Zamoglans, that is - to say tribute children; whom the prince vseth no otherwise to instruct, then - if they were his children: and to bestow on them noble preferments, which are - of others desirously sought after. As for his Timariot horsmen, they hold all - their possessions in fealtie of the Prince, as it were during pleasure, - renewing their letters patents from ten yeares to ten yeares: neither when they - dye can they leaue their children heires of their possessions, but of their - moueables onely; except by the gift of the prince they keepe the possession of - their fathers lands, as they doe of his goods. Other princes there are none in - Europe which call themselves lords of the bodies and goods of their subiects, - and fewer in auncient time then at this present: for - - Augustus the emperour himselfe, although he were in - effect the greatest monarch in the world, yet so it was that he so abhorred to - be called Lord: neither had any that held of him in fealtie and homage.

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Now if one say that there is no Monarque in Europe which pretendeth not all - theHow the goods and landes of subiects belong unto the - soueraigne prince. goods and lands of his subiects to belong unto him - in right of direct soueraigntie, neither any man which confesseth not to hold - his goods of his soueraigne prince: yet I say that that sufficeth not that any - man should therefore of right be called lord of all, or a lordly Monarche: - seeing that every subiect hath the true proprietie of his owne things, and may thereof dispose at his pleasure: although the - prince for pompe and show challenge unto - himselfe the soueraigntie thereof. And yet there are diuers lands which are - called Allodial, wherein the prince hath neither proprietie, nor - soueraigneThe Hunnes the first that brough the lordly - soueraignmēt of Monarks into Europ. right, as not holden of him. The - Hunns a Tartar-like nation come from the farthest parts of Scythia, at such - times as they with fire and sword destroied almost all Europe, first showed the - 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 having vanquished - their enemies, most commonly solde them for Slaves, or else condemned them to - lose the* Plutar in . - - seauenth part of their lands: which lands they straight waies gaue unto - their Colonies in pure proprietie. But princes - and people instructed in ciuilitie, for feare of rebellion, or distrust of - their owne power, reiected such lordlike soueraigntie as had the kings of - Persia and Asia ouer their subiects: contenting themselves with the shadow of - such lordly Monarchie. And albeit that the Persian kings before the time of Artaxerxes, had used to cause their great lords and - magistrats to be stript starke naked before them and whipped as Slaves: yet - king Artaxerxes was the first that ordained that they - should in deed be stript, but should not have but their cloathes and garments - onely beaten: and wheras their haire was wont in dispite to be pulled off, he - commaunded the wooll of their cappes onely to be so pulled. True it is that Francis Aluarez writeth, that heThe - great Negus of AEthiopia a lordly Monarque. hath seene in Aethiopia - the great Chauncelour, and other great lords and gouernours of prouinces stript starke naked, and cast vpon the ground - whipped as Slaves before their prince: who held the same as a great honour unto - them; by the discourse of whose hystorie, a man may easilie gather the great - Negus of Aethiopia to be a Lordly Monarque. But the people of Europe more - couragious, and better souldiers then the people of Africke or Asia, could - neuer endure the lordly Monarques, neither had euer used 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; 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 - - The beginning of tenants and fees, and what in auntient time - they were. tenure, or yeelding unto him of any fealtie or homage. But - after that the Almans, Lombards, Frenchmen, Saxons, Burgundians, Gothes, - Ostrogothes, Englishmen, and other Northren people had tasted the maners and - customes of the Hunnes, they began to make themselves Lords, not of the - persons, but of all the lands of them whom they had vanquished: and yet - afterward reseruing unto themselves the most fruitfull part thereof, left the - rest unto the auncient inhabitants, to be by them inioyed, yet as holden of - them in fealtie, with paying of some small tribute if they should change the - possession thereof: which for this cause are called Seigneuries, or Lordships; - to show that the shadow of the auncient lordly Monarchie as yet remayneth, - although greatly diminished. For these fees and lordships were in auncient time - nothing else but benefits and rewards giuen to - souldiors for terme of their lives, and afterward by favour continued from the - father to the sonne: except dukedomes, marquisats, earledomes, and other like - honours and dignities, giuen unto dukes, marqueses, earles, and such like - honorable personages, and not unto the lands: a custome not yet chaunged in - England and Scotland for regard of the dignities, where the dukes and counties - being dead, their children and successours have their lands; but not still the - dignities, prerogatiues, and titles of their predecessours: for when fees or - lands were giuen to souldiours for terme of their lives, they afterward - obtained, that they might either by their wills, or - else dying intestate, leaue them unto their children; and that if there were no - heires males left, they should by law - descend unto the women: excepting in Germany, where the women are excluded from - the inheritance of lands in fee▪ which was the strongest argument which Fredericke countie of Vaudemont used against Renat of Aniou king of Sicilie at the counsell of - Constance, demaunding of the Emperour that he might be invested in the dukedome - of Loraine, considering that it was an imperial fee, and by consequent that Isabel wife to Renate was not - thereof capable: although she were the duke of Lorains daughter. Howbeit that - Renate the king of Sicilie, might by an other reason - have defended himselfe, that is to say, that in question of fees, and seruices, - we are to follow the lawes and customes of the land that oweth the seruice, and - not of that whereunto the seruice is due: now by the custome of Loraine the - daughters succeede in fees. But how soeuer - it be, most certein it is that the marks ofThe markes of - 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, 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 - so it was, that he contented himselfe with the direct soueraigntie, fealtie and - homage: theCharls the fift made himselfe the lordly Monorque - of Peru. subiects still enioying their libertie, and full propertie - of their goods. But the emperour Charles the fift, after - he had subdued the great countrey of Peru, made himselfe Lordly Monarch - thereof, causing all things to be holden of him, excepting the - Slaves, whome for that they were innumerable - he caused to be set at libertie. As for the lands he left them to be enioyed by - them that possessed them at his pleasure: and not to descend unto their - children by inheritance. A craftie and subtill deuice, whereby Lagasca the lawyer, the emperours lieutenant in Peru (Gonsulo Pizarra, and the rest of the authors of rebellion - vanquished and ouerthrowne) by a perpetuall bond to keepe the inhabitants of - that country, within the compasse of their duety, compelled them for euer to - aske of the king of Spaine, the possession of their goods, their kinsmen beeing - dead: except the parents themselves yet liuing, had before procured the same to - be graunted for their children in time to come: which was not to be obtained - without a great sum of money to be paid into the kings coffers: they of greater - power in the meane time being thereby kept - from raising of any new sturres. For like cause whereof in oneAll persons of what degree soeuer sorbidden by the Mahometain - lawes, the great Caliph only excepted. chapter of Mahomets, it is forbiden all persons of what degree or qualitie soeuer - to call themselves in any sort lords, except the Caliph, or great bishop the - successour of Mahomet, who at the first was the onely - Lordly Monarch or lord of all, giuing unto kings and princes their - principalities and kingdomes, during his pleasure, vntil that the Othoman - princes, the Curdes, and the kings of the higher part of Asia and Afrike, by - little and little exempted themselves out of their power (by reason of the - diuision betwixt them and the Anticaliphes) and so tooke unto themselves the - kingdomes of those countries.

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But yet here might some man doubt whether the lordly Monarchie be not a - Tyranny, - - A lordly monarkie no tiranny. considering that it - seemeth to be directly against the law of nature, which reserueth unto euerie - man his libertie, and the soueraigntie ouer his owne goods. Wherunto I - aunswere, that of auntient time it was indeed against the law of nature to make - free men Slaves, and to possesse himselfe of other mens goods: but if the - consent of all nations will, that that which is gotten by iust warre should bee - the conquerours owne, and that the vanquished should be Slaves unto the - victorious, as a man cannot well say that a Monarchie so established is - tyrannicall: seeing also wee read that Iacob the - Patriarch, by his testament leauing unto his children certaine lands that hee - had gotten, said that it was his owne, for that he had - got it by force of armes. And that more is, - the rule that willeth that the law of armes should take no place where there be - superiours to do iustice (which is put in practise against the greatest - princes, and imperiall cities of Germany, who be proscribed by the empire, for - not making restitution of that which belonged to others) sheweth right well, - that where there is no superiour to commaund, their force is reputed iust. For - otherwise, if we will mingle and confound the Lordly Monarchie, with the - tyrannicall estate, we must confesse that there is no difference in warres, - betwixt the iust enemie and the robber; betwixt a lawfull prince and a theefe; - betwixt warres iustly denounced, and vniust and violent force; which the - antient Romans called plaine robberie and theft. We also see tyrannicall states - and gouernments, soone to fall, and many tyrants in short time slaine: whereas - the seigneurelike states, and namely the - Lordly Monarchies have bene both great and of long continuance, as the auntient - Monarchies of the Assyrians, the Medes, Persians, & Aegyptians;Whie the lordly monarchie is more durable then the royall - monarchie. and at this present that of Aethiopia (the most auntient - Monarch of all Asia and Afrike) whereunto are subiect fiftie kings as Slaves, - if we may beleeue Pau. Iouius, who all are, and tearme - themselves the Slaves of the Grand Negus of Aethiopia. And the reason why the - Lordly Monarchie is more durable than the royall, is for that it is more - 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 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 - rebell, bearing noble harts, nourished in libertie, and not abastardised with - seruitude. And thus much concerning a Lordly Monarchie: Now let vs speake of - the Monarchie Royall.

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- - - - CHAP. III. Of a Royall Monarchie. - -

- - A Royal Monarch or king, is he which placed in - soueraignty yeeldeth - - A royall Monarque. himselfe as obedient unto the - lawes of nature as he desireth his subiects to be towards himselfe, leauing - unto every man his naturall libertie, and the proprietie of his owne goods. I - have put to these last words for the difference of a Lordly Monarch, who may be - 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 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 - Traian the emperour, - - Principis sedem obtines, ne sit Domino locus, Thou - holdest the seate of a prince, Lord it not. This difference (betwixt a Royall - Monarch and a Lordly) was well noted by the auntient Persians, calling Cyrus the elder (which ouerthrew the Monarchie of the - Medes) by the name of a king: but tearming Cambyses a - lord, and Darius a marchant; for that Cyrus was a gentle and courteous prince towards his subiects, but Cam byses his sonne was haughtie and proud, and Darius too great an exactor and couetous. So it is also - reported Alexander the Great to have bene aduised by Aristotle, to beare himselfe towards the Greekes as a - father; but towards the Barbarians as a lord: which - his councell Alexander neuerthelesse reiected, willing - that the Greekes should be reckoned of - according to their vertue, and the Barbarians according to their vices; saying, - that the whole earth was but one citie, and his campe the Castle thereof.

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We have moreouer said in our definition, that the subiects ought to be obedient - unto the Royall Monarch, to show that in him alone lyeth the soueraigne - maiestie; & that the king ought to obey the lawes of nature: that is to - say, to gouerne his subiects, and to guide his actions atcording unto naturall - iustice, whose luster was brighter than the light of the sunne it selfe. It is - then the true marke of a Royall Monarchie, when theThe true - markes of a royall Monarque. prince sheweth himselfe as obedient unto - the lawes of nature, as he wisheth his subiects to be unto himselfe. Which it - is not hard for him looking into the dutie of a good prince to obtaine; as fearing God aboue all; if he be also - pitifull unto the afflicted, wise in his enterprises, hardie in his exploits, - modest in prosperitie, constant in aduersitie, aduised in his speech, wise in - his councell, careful of his subiects, comfortable to his friends, terrible to - his enemies, courteous to the good, dreadfull towards the euill, and iust - towards all. Which royall soueraigntie so set downe, as that the subiects stand - obedient unto the lawes of their prince, and the prince likewise unto the lawes - of nature: the law being on both sides a mistresse, or as saith Pindarus, a queene raigning ouer both, it shall in the - same bonds vnite the subiects among themselves, and together with their prince: - whereof shall grow a most sweet harmony, which may with wonderfull pleasure and - felicitie blesse them both. This is that regall and lawfull Monarchie of - one, which we seeke after, whether the - kingdome descend by succession, as it most commonly doth; or by the law, as - this of ours, or by election, as in many kingdomes towards the North; or by - gift, as the kingdome of Numidia (which by Caesar - brought into the forme of a prouince, was by Augustus - the emperour giuen to young Iuba, who so of a slaue - became a king) or as the kingdome of Naples, and Sicilie, giuen to Charles of Fraunce, and after to Lewes, first duke of Aniou, or left by testament, as in former times - the kingdomes of Tunes, Fez, and Marocco, and was also of late put in practise - by Henrie the eight king of England, who by his will - left that kingdome unto his son Edward the sixt, to whom - hee substituted his sister Marie, and unto her Elizabeth, who was afterward queene: or that the kingdome - bee got by fraud and deceir, so that he raigne - iustly, as Cecrops, Hieron, Gelon, and Pisistratus, who right wisely used their power, as saith Plutarch: and in our time Cosmus de - Medices: or by chaunce, as the kingdome of Persia, by the neying of an - horse fel to Darius Histaspis one of the seuen Persian - lords, it being so before agreed, after they had slaine the Mages, who had - vsurped the kingdome, that he whose horse first neyed, should have the - kingdome: or be it that the prince by force of armes, by right or wrong conquer - his kingdome, prouided that he vprightly gouerne the same so by him conquered; - as Titus Liuius saith of king Seruius, - Neque enim praeter vim quicquam adius regnt habebat. Neither had he any - thing but force unto the right of the kingdome; and yet he was a good king, as - it oftentimes hath bene seene of a robber and a theefe, to have proued a - vertuous prince; and of a violent tyranny, to - have growne a iust royaltie. Or be it that the king bee chosen for his - nobilitie, as was Campson chosen Sultan of Aegypt by the - Mamalukes: or for his iustice and deuotion, as Numa in - Rome: or for his age, as the antient Arabians made choice of the eldest amongst - them for their king, as saith Diodorus, and they of - Taprobana, as saith Pliny: or for his strength and - force, as Maximinus the Roman emperor, being of such - stature and strength, as that he seemed to have come of the race of Giants: or - for his feature and beautie, as was Heliogabalus, - therefore chosen emperour of the same Roman empire: or for his height and - stature, as in Aethiopia the kingdomes were still - giuen to the tallest: or for that he could drinke most, as in Scythia, as Aristotle - - saith; who defineth a king to be him, who - chosen by the people, raigneth according to the desire of them his subiects: - from whose will (as hee in another place saith)* Polit lib. 3. if he neuer so little depart, he - becommeth a tyrant. Which his description is not onlyAristotle blamed. without reason, but also daungerous: for that - soucraigne power which he said to bee most proper unto a king, must so needs - fall, if the king could nothing command against the liking and good will of his - subiects; but must to the contrarie be constrained to receiue lawes of them In - briefe it should be lawfull for the people to do all things; and the most iust - and best kings should so be accounted for tyrants: neither were a king to be - reputed of any thing else, than as of a meane magistrat, unto whome power were - to bee giuen, and againe taken away at the peoples pleasure. Which are all - things impossible, and no lesse absurd also, - than is that which the same Aristotle saith, That they - are barbarous people, where their kings come by succession. When as yet his - owne king and scholler Alexander the Great, was one of - them which descended in right line from the blood of Hercules, and by right of succession came to the kingdom of Macedon. - The Lacedemonians should be also barbarous, who from the same stocke of the - Heraclides, had had their kings about a thousand yeares. The people of Asia - also, the Persians, and Aegyptians, should so all bee barbarous: in whome not - onely rested, but from whome all humanitie, courtesie, learning, knowledge, and - the whole source and fountaine of good lawes and Commonweales have sprung: and - so at last none but Aristotle with some handfull of - Greekes should bee free from barbarisme. - Whereas indeed nothing can be deuised more daungerous unto the state ofThe opinion of Aristotle concerning kings impugned. Arist. Polit. 3 a Commonweale, than to commit - 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 - 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 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 - and pleasure of the people, either to have receiued their authoritie from the - people, before Pitacus king of Corinth, and Timondas king of Nigropont: but to the contrarie* Plutarch writeth, That the first princes had no other - honour before their eyes,Plutar i - These. than to force men, and to keepe them in subiection as Slaves: - whereof the holy scripture also certifieth vs of the first Lordly Monarch Nemrod; leauing the soueraigntie to their children, in - right of succession; as saith Thucidides. Which hath - also beene well confirmed by the succession of - a great number of kings of the Asirians, Medes, Persians, Indians, Aegyptians, - Hebrewes, Lacedemonians, Macedonians, Sicyonians, Epirots, Athenians: and their - lines failing, the people in part proceeded to make choice of their kings by - way of election, some others inuaded the state by force, other some maintained - themselves in Aristocratike and popular seigneurie; as witnesseth Herodotus, Thucidides, Iosephus, Berosus, Plutarch, - 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, 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 - not alwaies giuen unto them, as Aristotle supposeth, who - calleth them the perpetuall generals of the warres: for asmuch as that power - and authoritie was communicated to their citisens also, as to Lysander, Leonidas, Callicratides, Gilippus, whome the Lacedemonians - oppressed with warres preferred before their kings. And albeit that Agesilaus was one of their kings, yet so it was, that he - durst not take vpon him the charge of a generall, vntill the Seigneurie had so - commanded; as Plutarch in his lives reporteth. And when - they were chiefe captaines and generals, they - gaue them yet no royall power, no more than had the generals of the Acheans, - which were made by election, considering that they were subiect unto the slate - of the Acheans, who if they so deserued punished them, as they did Democritus their generall, whome they fined at thirtie - thousand crownes, as wee read in Pausanias. So the - Ephori punished their kings with banishment, imprisonment, and fines, yea and - sometime wih death, as we have before said. We must - not therefore put these in the ranke of kings, no more than him which is a - Lordly Monarch, lord of the persons and goods of his subiects, who hath his - proper difference seperated from a Monarch Royall.

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As for the third sort of kings, which he said was made by election, that can - make no difference of kings, no more than can - the second, which he said was by succession, for otherwise he should by the - same meanes make also a sixt kind of kings, made by chaunce; as was Darius the first: and so a seuenth by donation, an eight - 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 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 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, 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 - the state, and to put againe in order that which by processe of time was fallen - into disorder, either in their lawes, or in their customes, in their - reuenewes, or in creating of their officers: - which done they discharged themselves of their offices: like as the Decemuiri, - or ten commissioners, which were chosen in Rome, to reforme that was amisse in - the state, whome wee should by this meanes, according to the opinion of Aristotle call also kings; which should be a thing verie - absurd; for asmuch as the qualitie of a magistrat, and much lesse of a - commissioner hath nothing agreeing or common with the soueraigne maiestie of a - king. And albeit that Caesar in his Commentaries saith, - the inhabitants of Autun to have euerie yeare chosen them a magistrat with - royall power; that is of them but improperly spoken: for why, it is manifest, - that he which was a magistrat could be no king. And - that more is, the gouernours of the countries - and prouinces conquered by Alexander the Great, although - that after his death euerie one of them tooke vpon him the soueraigntie in the - country or prouince that he gouerned; yet it was a long time before they durst - stile themselves by the name of kings. The first that began was Antigonus, after the victorie by himAntigonus the first of the successours of Alexander that stiled himselfe - king. obtained against Ptolomeus Lagus: after - which he set a crowne vpon his head, and used in his titles the name of , or king. And immediatly - after, the Aegyptians called Ptolomee king; as to their - imitation did the Assyrians Seleucus, and the Thracians - Lysimachus also. And not to go further, the auntient - kings of Loraine and Burgundie, after that they had yeelded fealtie and homage - unto the German emperour, lost the name and soueraigntie of kings, and called - themselves but dukes: for that now they were - no more kings, according to that fit saying of Martial, - Quirex est, regem Maxime non habeat. For why, the name of a king is - alwaies maiesticall, and the most honourable that a soueraigne prince can have: - and for that cause the habit, the markes, the signes of kings, have bene - alwaies particular, and proper unto themselves; as the royal armes, the golden - robes, the crowne and scepter, not to be communicated unto other men. And there - was nothing that made the maiestie of the Roman kings so venerable, as the - royall ornaments which Tarquinius Priscus brought from - 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, having chaunged the royall state into a popular: yet so it was, that the Roman Senat used 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. - And in the Commentaries of pope Gregory the - seuenth,* Tacit lib 2. Appianu, - Liuius Val. Max. - - we read that Demetrius was by the scepter, - crowne, and ensigne established king of Croatia and Sclauonia: of which things - the bishops of Rome have oftentimes bene liberall (should I say) or prodigall? - aswell as the emperours: yet had they no more so to do, then had the Greeke - emperour Anastasius, who sent the Consulatie ornament - and titles of Augustus unto Clodoueus king of Fraunce, who (as Aymon saith) - receiued them in the citie of Tours: or than Iustinian, - who gaue unto king Childebert the title of a Senator: by which things it is certaine, to be - derogated from the soueraignty of anothers maiestie, which is it selfe the - chiefest, except they bee receiued from them that are in their confederation - their superiours. But as for the Frenchmen they had not made any league with - the Greeke emperours, but by their valour had thrust the Romans out of the - possession of their kingdome. True it is, that betwixt confederats of equall - power, ornaments of honour, as girdles, rings, and such like, may both bee - giuen and receiued, without any emparement to their maiestie: but to receiue - the honor of a Consull, or of a Senator, is as much as to acknowledge the - maiestie of a superiour. Frederike the emperour (first - of that name) sent unto Peter prince of Denmarke, a - sword and a crowne, with the title of a king, which was a title contrarie to - the effect, considering that he yeelded - himselfe vassall unto the empire, and did fealtie and homage unto the emperour, - for the realme of Denmarke, promising and binding aswell himselfe as his - successours, to hold that kingdome of the empire, in this forme, - - Tritemi cap. 17. - - Rex Danorum Magnus se in potestatem Imperatoris tradidit, - obsidesdedit, iuramentum fecit, se successoresque suos, non nisi imperatoris - & successorum eius permissu regnum adepturos, The great king of the - Danes hath delivered himselfe into the power of the emperour, hath giuen - hostages, taken his oath, that he and his successours shall not but by the - sufferance of the emperour and his successours, take vpon them that kingdome. - Wherein he two wayes offended, first, for that allured - with the ornaments sent him by the emperour, - hee diminished his owne maiestie: and then for that he bound unto perpetuall - seruitude, not himselfe onely, but his posteritie also: who perceiuing the - errour, reuolted from the empire. for seeing that the kingdome of Denmarke - depended of the voices and suffragies of the Senat and the people, hee could - not bind, not onely his posteritie, but not so much as himselfe unto that law. - The duke of Austria also was by the same emperour, and - almost at the same time, honored with the same ornaments and title, yet with - condition that hee should still remaine in the perpetuall obeisance of the - German Empire, wherein he then was, and euer had beene: but when he breaking - his faith, had reuoulted from the empire, he was within twelue yeares after - spoyled both of his royall dignitie and title. By like errour - - Henry the first king of England, sonne to William the Conquerour, whilest he yet lived caused Henry his eldest sonne to bee crowned king: for he - straight way after, would needs be equall with his father, and take vpon him to - mannage the greatest affaires of state; in such sort that great quarrels and - contentions arise betwixt the father and the sonne, euen unto parts taking, - which had without doubt ruinated the state, had not the sonne beene before by - death prevented. So also in this realme, when the familie of the Capets had vsurped the kingdom, the better to confirme - their wealth and power, not as yet well grounded; lest the kingdom after the - death of their kings should fall into an Anarchie, they still caused▪ their - sonnes (whilest they themselves yet lived) to be crowned and proclaimed kings. - So Hugh to assure this succession, caused his sonne - - - Robert to be crowned king: Robert, - Henry: and he afterwards Philip; which manner of - crowning of the sonnes, the fathers yet liuing, after their estate and power - better confirmed and established, was againe left. And so to doe, unto mee - seemeth a thingDaungerous for soueraign princes to cause - their sonnes whilst they themselves yet live to be crowned king with them. verie daungerous, especially if - the new crowned king be sicke with the ambitious desire of rule: for that the - subiects more willingly behold the sunne rising then setting: except the king - have many kingdomes, with great fluds, most high mountaines, or the deepest - seas, one from an other divided, not easily with the wings of aspiring ambition - to be passed. So Seleucus king of both Asiaes, graced - his sonne Antiochus not onely with the royall dignitie, - but also placed him in the gouernment of the kingdome of the higher Asia; which - is a thing may well be suffered where kings have used to be created by the voices of the Senat, and the people▪ as are the - kings of Denmarke, Sueuia, Polonia, Tartaria, Bohemia, Hungarie, and Tunes: who - commonly cause him whom they desire to raigne, to be before hand elected by the - 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 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 - new stirres, requested the French king by M. Danzai the French ambassadour, and afterward by an - embassadour of his owne, (sent directly for that purpose) to stand his friend, - and to receiue him into his protection. So have done, and yet also doe the - kings of Marocco, Fez, and Tunes. And in our memorie Ferdinand of Austria yet liuing, caused Maximilian his sonne to be chosen and crowned king of Hungarie and - Bohemia: as shortly after Maximilian did the like for - his sonne Ernestus; and so peoples voices by little and - little taken away are at length quite buried in obliuion. The like was also - attempted for the nominating of his successour by Sigismundus - Augustus king of Polonia, but was letted so to - doe by the states of that kingdom, although it seemed for the good of that - Common weal, for the auoyding of sedition, - which might rise about the election: yet would not the states of that kingdom - thereto agree; for feare least the right of their election, should so passe - into the force of succession. As we see the Germain Empire to have taken so - deepe roote in the most honorable familie of the house of Austria, as that there is but little hope for the pulling of it out - thence againe. And thus much concerning a royall Monarchie: now let vs likewise - speake of the third kind, which is a Tyrannicall Monarchie.

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- - - - CHAP. IIII. ¶ Of a Tirannicall Monarchie. - - - -

- - A Tirannicall Monarchie is that where one man - treading vndetÀ tirannicall Monarchie. foot the lawes - of God and nature, abuseth his free borne subiects as his Slaves: and other - mens goods as his owne. This word Tyrant deriued from - the Grekes was of the proprietie thereof honorable, and in auncient time - signified no other thing then a Prince, which without the consent of the - people, had by force or fraud possessed himselfe of the state; and of a - companion made himselfe their master: whom they called a Tyrant, although he - wereThe name of a tirant in auntient time taken in good - part: and how the same became odious. a right wise and iust prince. - So Plato writing to Dionysius the - Tyrant of Syracusa by way of honour giueth him - this title; Plato to Dionysius the Tyrant greeting, and - the answere was; Dionysius the Tyrant to Plato health. - And so the rest aswell philosophers as friends, honestly called them Tyrants - which had by force or finenesse got the soueraigntie of their cities and - 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, 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, having but - poore friends, and puisant enemies, put to death, or banished the one, to - 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 - 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 - returning home from supper or making merie, to be robbed and spoiled by his - garde; to the intent there might bee the lesse friendship amongst them, and so - they more hardly conspire against him. And yet for all that Plutarque hath giuen him the praise of a good prince, as one who in - iustice and vertue exceeded many, who abusing the most honorable names of - Kings, are themselves polluted and defiled with all maner of vices. For we are - not much to rest vpon the vaine show of words and - glorious titles; when as often times the worst men arrogate unto them - selues the most commendable names, showes, - and recognancies of vertue; against which sort of Princes, the subiects for all - that vse to cast forth most reproachfull taunts: as the three Ptolemeis kings of Aegypt; of whom the one had put to death his - brother; the other his mother; and the third his father: the subiects in - derision called them A louer of his brother. - - Philadelphe, - - A louer of his mother. - - Philometor, and A louer of his - father. - - Philopator. Also the most reuerend and holy names have - become abhominable, for the wickednesse of them that have most filthyly abused - the same. The name truely of a king is holy, yet was it for the pride of Tarquinius, and the rauishment of Lucretia by his sonne, made hatefull unto the Romans. And the crueltie - of Scylla in his Dictatorship made the Dictators odious. - So the immoderat ambition of Francis Valori made the - Confalonniers of Florence hatefull unto the - Florentines. And so also it is euident, the name of Tyrant to have bene hateful - to all nations for oppressing of the people.

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But it may be, that one and the same prince, whose dominion is large and wide, - may beare himselfe as a king unto his naturall subiects: and as a lordly - monarch towards them, whome he hath by iust warre subdued, and as a tyrant - toward the rest: or that in the same citie he may tyrannise ouer the rich and - better sort of the citisens; and yet show himselfe courteous and gentle unto - the poore and baser sort. And amongst tyrants there are diuers sorts and - degrees of more or lesse: and as there is not so good a prince, which hath not - some notable vice; so wee see that there is none so cruell a tyrant, which is - not endued with some good vertue, or hath not in him some thing to be commended. Wherefore it is a thing of most euill - example, and thereto daungerousA soueraign princes actions - are not by his subiects to be rashly censured▪ withall, rashly and - foolishly to censure a prince, whose actions and comportments we throughly know - not; whereas we ought first wisely to weigh his vertues and vices, his - heroicall or base and euill disposition: after the manner of the Persians, who - 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 - 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 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 - when I say the best king, my meaning is after theThe best - king. common manner: neither doe I seeke after such an one as is - accomplished with all heroicall vertues; or the rare paragon of iustice, - wisedome, and religion, a man without all imputation: which in the fables of - auntient worthies, were propounded with more magnificence than truth, for - princes to looke vpon and to imitat; such as neuer was, nor euer shall be: but - rather such an example of a good and iust king, as is indeed in the ranke of - princes to be found; and such an one as is alwayes readie to bestow his - goods, his blood, and life, for the good of - his people: What manner of prince is of Homer in two - words called , whose - whole endeuour is to bee indeed such an one as Codrus - and Decius are reported to have bene, who aduertised by - the Oracle, that the victorie ouer their enemies depended of their death, - without farther delay sodenly sacrificed their lives: and Moyses aboue all, whome Philo calleth the most - wise law giuer; a most iust prince, who besought God, That he might rather die - the euerlasting death of the wicked, and have his name blotted out of the booke - of life, than that the people committed to his charge, should endure so great - and grieuous punishment as it had deserued: by which - prayers hee appeased the wrath of God, like a most good king, & true father of his people: than which name Augustus the great emperor is reported neuer to have - heard any title or addition, unto him more pleasing, at such time as M. Valerius Messala, was by a decree of the Senat, and of - the people of Rome, called Father of his countrey. For - why, the best prince nothing differeth from the best father, as Xenophon was woont most excellently to say.

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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 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 - more than his owne particular profit, revenge, or pleasure: the one doth all - his endeuour for the enriching of his subiects; whereas the other seeketh after - nothing more, than by the impouerishment of them, to encrease his owne wealth: - the one of them accounteth his owne goods to be the goods of his people; the - other reckoneth not onely the goods, but euen the bodies of his subiects also - to be his owne: the one of them seuerely revengeth the publique iniuries done - against the state, and easily pardoneth the wrongs done unto himselfe; the - other most cruelly revengeth his owne, and pardoneth that which is done against - others: the one easily forgiueth the offences of other men, but is of his owne - misdeeds a seuere judge; whereas the other most sharply revengeth euen the - least offences of others, but is unto himselfe most favourable: the one of them favoureth the honour of modest matrons, and - other mens wiues; the other triumpheth in their shame and dishonour: the one - refuseth not to bee freely and discreetly reproued for that he hath done - amisse; the other hateth nothing more than the graue free spoken man: the one - enforceth himselfe to maintaine and keepe his subiects in peace and vnitie; - whereas the other seeketh still to set them at ods, so to ruinat them one by - another; and with the confiscation of their lands and goods to enrich himselfe: - the one taketh pleasure to see his subiects, and to be of them oftentimes seene - and heard; whereas the other feareth their presence, and hideth himselfe from - them, as from his enemies: the one reposeth his estate and fealtie in their - loue towards him; the other in their feare: the one taketh no care but for his - subiects; the other feareth nothing more than - them: the one chargeth his subiects as little as he can, neither exacteth any - thing of them, but when the publike necessitie so requireth; whereas the other - drinketh his subiects blood, gnaweth their bones, and out of them also sucketh - euen the marrow, so by all meanes seeking to weaken them: the one aduanceth - unto the highest degrees of honour the best and most vertuous men; whereas the - other stil promoteth the greatest theeves and villaines, whome he may vse as - spunges, to sucke vp the wealth of his subiects: the one frankly bestoweth the - 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 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 - pleasure: the one is readie to expose his life for the good of his countrey and - people; the other wisheth it and them all to perish for himselfe: the one is - beloued and honoured of his subiects; the other hateth them all, and is - likewise of them hated: the one in time of warre hath no recourse but unto his - owne subiects; whereas the other hath no greater warre than against them: the - one hath neither guard, nor garrison, but of his owne - people; whereas the other for the defence of his person, and keeping of his subiects in awe, hath alwayes a garrison of armed - straungers to go before him: the one liveth secure in all quiet and - tranquilitie of mind; the other troubled with carefull and contrarie thoughts, - stil languishing in perpetuall feare: the one expecteth a most blessed and - eternall life in heauen; the other still fearing euerlasting paines of hell: - the one hath the immortall good author of all his actions; the other followeth - the aduise of wicked men and damned spirits: in briefe the one is praised and - honoured of all men whilest he liveth, and much missed after his death; whereas - the other is defamed yet liuing, and most shamefully reuiled both by word and - writing when he is dead. And albeit that a tyrant abound in wealth, have - honour, soueraigntie, health, and surpassing Champion like strength of bodie, - with the deepe and profound knowledge of many - and great matters, and flowing eloquence most of tyrants to be in others - feared; yet shal he therefore be neuer the better, but wel the worse; abusing - his wealth to fulfill his lust; his soueraigntie, to the oppressing of other - mens libertie; his strength for the performing of his villanie; and his - knowledge for the circumuenting of the plaine and simple, and shamefull - confusion of all things. Which so many and notable gifts, if they chaunce by - the grace and goodnesse of God to bee giuen to any good prince: we then esteeme - of him, as of a God, sent euen down from heauen into the earth here amongst - vs.

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But what need we to vse many examples to proue this to be true, being of it - selfe soTirants slaine by effeminate and weake - persons. manifest in euerie mans eye. And seeing that we find in - histories tyrannie to have bene of all men so - much feared, hated and detested, that euen schollers and weake women have not - doubted to aduenture with daunger of their lives, to gaine unto themselves the - honour of the killing of tyrants. As did Aristotle (not - hee of Stagira, but hee that was surnamed the Logitian) who slew a tyrant of - Sicione. And Thebe, who slew herTirants neuer in safetie. husband Alexander, - tyrant of the Pheraeans. And to thinke that tyrants might by force warrant - themselves, is but meere and vaine errour. For who were of greater force than - were the Roman emperors, who ordinarily had fortie legions at their command in - their prouinces, and three moe in Italie, beside their Praetorian bands, for - the defence of their persons: and yet in no place in the world were there so - many princes slaine; yea sometimes the captaines of their guards slew them euen - in their pallaces, whome they guarded. As Cherea the tyrant, and the Mamalukes eight Sultans of - Aegypt.

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But he that would see the miserable ends of tyrants, let him but read the lives - of Plutar in Arat et - Timoleone - - Timoleon, and of Aratus, where - hee shall see the tyrants drawne out of the nest of their tyranny, stripped - starke naked, theeves beaten to death with clubbes in the presence of Children, - and the rest of the common people: and after that their wines and children, - their kinsfolkes and familiar friendes most cruelly murthered and slaine: and - that more is the verie image & statues of them that were dead in their - tyranny, accused, and publikely condemned, delivered unto the common hangman to - bee as it were executed; their bones also taken out of their graues, and cast - into most lothsom iakesses, and the raking - officers of these tyrants dismembred, and most miserably tormented with al the - cruelty that a people enraged could deuise: their edicts & laws torn, their - castles and proud houses rased and laid euen with the ground, and the verie - memorie of their name, by publike iudgements and written bookes, condemned to - perpetuall infamie, as an example to all future princes, to the end they might - have in detestation such plagues, so pernitious and dangerous unto mankind.

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And albeit that tyrants whilest they lived, have not wanted their flattering - clawbacks,Tyrants alwayes infamous and detested. - whome they with rewards enduced to write their vnworthie prayses; yet wee read, that after their death, such their histories, and - panegiricall orations, before written in their - prayses, were burnt, torne and suppressed, and the truth (yea sometime with - more too) brought to light, & in stead of them other most reprochfull and - contumelious writings published, in such sort, as that not so much as one small - fragment of any booke written in the prayse of any tyrant, were he neuer so - great, is now extant or to be found. Which thing maketh tyrants, whilest they - yet live to fret and fume as if they were mad: for that they see they must in - time become a laughing stocke unto the people and their verie enemies. And - albeit that they euill perswaded of the immortalitie of the soule, thinke the - same to perish together with the bodie, or haply before the body, which - embaulmed with sweet odours may be long preserued, yet so long as theyTyrants still tormented with the feare of future in - famy. live they still feele the torment of the infamie to come, which - they yet liuing see shall befall them after - 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 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; 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, - yet in truth live they most miserably, if their life be so to be called, which - live in continuall feare, still feele the most sharpe sting of greefe; seeing - themselves, their lawes, their wiues and children, their kinsfolks and friends, - euer in daunger. For it is impossible for him that hateth and feareth his - subiects; and is againe of them all himselfe also hated and feared, to be able - long to continue or stand. Whereby it commeth to passe, that in stead of being - assailed by his enemies, hee is oft times vppon the sodaine assailed by his - owne subiects. Neither may hee repose any trust or confidence in his friends, - unto whom he is himselfe oftentimes a traytour and disloyall, causing - them for the least suspition to be slaine: - as we read it reported of Nero, Commodus, Caracalla, and - such other tyrants. And sometime the whole people with one rage and surie - runneth headlong vpon the tyrant, as it did vpon Phalaris, - Heliogabalus, Alcetes tyrant of the Epirots, and vpon Andronicus emperour of Constantinople, whom stript and set vpon a bare - asses backe, the people of Constantinople caused to endure all the indignities - and reproaches that were possible, before they would giue him leaue to die. Yea - and sometimes it chanceth, that euen they themselves are the occasion of the - hasteningTyrants oftentimes to hasten their owne deathes - in seekeing to eschu the same. of their - owne death, as it is reported of Caracalla the emperour, - who would needs know of Iultus, his mothers - Mathematician, whom he thought should succeed him in the empire (for that is a - common course amongst tyrants in their affairs and doings, to aske the councell and aduise of wisards and diuels) unto - 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, 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 - comming into the hands of Martia his concubine▪ and she therein finding her owne name enrolled amongst - the rest, to auoid the daunger prepared for - her and the rest, caused the tyrant to be forthwith slaine. Of like examples - all the auntient histories are full, which show plainly the lives of tyrants to - bee alwayes beset with a thousand ineuitable mischiefs, death still hanging - ouer their heads.

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Now the state of a royall Monarchie is quite contrarie unto a tyrannie: for the - kingThe happie estate of a good Royal prince, in - comparison of a Tyrant. is so vnited with his subiects, that they are - 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 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 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, - surmounted all the kings and princes, not of his owne age onely, but of former - times also; in such sort, that certaine pirats enflamed with the report of his - fame, and knowing that he was in his house in the countrey farre from any - towne, came and beset the same: against whom as he was about to put himselfe - with his people in readinesse, and so to have stood vpon his guard: they - perceiuing the same, forthwith threw downe their armes, assuring him that they - were not come thither, but onely to see him, and to do him honour, which they - most humbly requested, that they might be - admitted to do him. Now if the lustre and brightnesse of vertue in such a - prince, hath drawne euen theeves and pirats into the admiration thereof; than - of how much greater force ought it to be in good and loyall subiects? And what - prince is there so foolish or void of sence, which would not wonderfully - reioyce to heare it reported, how that Menander king of - the Bactrians, was for his vertue & iustice so well beloued of his - subiects, as that after his death the cities were at great strife & debate - amongst themselves, which of them shuld have the honor of his sepulchre: - neither could the matter be appeased, vntill that at length it was agreed, that - euerie one of them should in the honour and memoriall of him build a seuerall - tombe or sepulchre. What tyrants malice also or dissimulation is so great, - whome Plinie his Panegyricall oration would not driue into a phrensie? who when he had - therein with all worthie prayses so adorned Traian the - emperour, as that it seemed nothing more could thereunto be added: he so - concludeth the period, That nothing greater or better could bee wished for unto - the Commonweale, but that the immortall gods would imitat the life of Traian. Which excessiue amplification, although it sauour - of impietie, yet who doubteth but that it proceeded from the zeale of a most - famous man, towards his most excellent prince? for whose daunger at his going - out, and welfare at his comming home, all the temples were filled; and who - himselfe in his solemne prayers, was thus woont to couenant with the gods, That - 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 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 - caused themselves to be called Conquerors, Besiegers, Lightnings. Now on the - contrarie part, when as we read of the most horrible cruelties of Phalaris, Busiris, Nero, and Caligula, who is he which is not moued to a iust indignation against - them? or hearing of their miserable and wretched ends, - can containe himselfe from reioycing thereat?

- -

Thus have we seene the most remarquable differences betwixt a king and a - Tyrant, which are not hard to be perceiued betwixt the two extremes of a most - good king, and a most detestable Tyrant: but is not so easilie to be deemed, - when the prince taketh part of a good king, and some other part of a tyrant: so - as it were tempering the good with the bad. For so things oft times fall out, - that for the varietie of times, places, persons,Necessarie - seueritie not to be accounted tirannie but to be in a soueraigne prince much - commended. and other occasions presenting themselves, princes are - constrained to doe such things, as may seeme unto them tyrannicall, and unto - others commendable. Wherefore let no man measure Tyrannie by Seueritie, which - is oft times in a prince most necessarie: neither for his castles, gardes, and - garisons: neither by the soueraigntie of his commaunds, which are in deed more - to be wished for, then the sweet requests of tyrants: which draw after them an - ineuitable violence. And that is it for which in law, he which hath bound - himselfe at the request of a Tirant, is alwaies againe to be restored into his - former estate, wherein he was: whereas if he that shall so doe at the - commaundement of a good prince shall not by the law be relieued: neither are - those murthers, proscriptions, banishments, incests, rauishments, and other - such villanies which happen in civill warres, in the chaunging or destruction - of the states of Common weales, or the establishment of the same, to be called - tyranies: for that in such violent conuersion and chaunge of state, it cannot - otherwise be. As it fell out in the Roman Triumuirat, in the election of diuers - Emperours, and in our time Cosmus de Medices, first - taking vpon him the dukedome of Florence. For he after the death of his kinsman - - - Alexander Medices, slaine by the conspiracie of his - enemies, tooke unto himselfe a strong garde of straungers for the defence and - safetie of his owne person: built castles and strong holds: fortified the citie - with strong garrisons: imposed new tributes and customes vpon the subiects; - which unto the common people, and men abusing the popular libertie, seemed - violent oppressions and tiranies: but unto the wise men necessarie and wholsome - remedies: especially in such a sicke citie and Commonweal, as with most - desperate diseases and incurable vlcers was like otherwise to have perished: as - also against such vnruly citizens, and inured to all licentious libertie; who - had a thousand times conspired against this new Duke, reputed for one of the - most wise and vertuous princes of his time: but of them accounted a - tyrant. - -

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Now to the contrarie it hapneth often that the state of a citie or Commonweal - ruinatedSeueritie in a prince more wholsome for the - Commonweale thn letie. by the too much lenitie and facilitie of one prince, is againe - relieued and vpholden by the austeare seueritie of an other. It is sufficiently - knowne how terrible the tyranie of Domitian was unto the - Senat, the nobilitie, and other the great lords and gouernours of the Roman - Empire; in somuch that all his lawes and edicts were by their procurement after - his death repealed: and yet for all that was he euen after his death also most - highly by the generall consent of all the prouinces commended: for that the - Proconsuls with the other magistrats and officers of the Commonweal, were neuer - before more vpright or freer from corruption then they were in his time, for - feare they had of his seueritie, & him. But when Nerua who succeeeded him in the Empire, abhorring seuerity, enclined altogether to lenitie, & things began - to fall into a most miserable estate; the lawes being prostituted, iustice - peruerted, and the poore by the mightie oppressed: then Fronto the Consul with many moe with most earnest desire, wished for - that crueltie and tyranie which they before had condemned in Domitian. Also when a prince with most sharpe seueritie as with a - bridle, keepeth in the mindes and licentious desires of a furious and - headstrong people, as if it were an vntamed beast: such wholsom seueritie ought - in no wise to be accounted or called tiranie; but to the contrarie Cicero calleth such licentious libertie of the vnrulie - people meere tiranie.

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It may be also that a prince may exercise tiranie against the great ones in the - state, as it alwaies hapneth in the violent chaunge of - an Aristocratie into a Monarchie, when - - Diuers causes inducing princes unto Tyranie. as the - new prince being in necessitie and poore, and not knowing where to have money, - oft times falleth vpon the rich, without regard of right or wrong: or else - infranchiseth the common people from the seruitude of the nobilitie, and the - rich by that one and selfe same act to gaine the goods and wealth of the rich, - and the favour of the poore. But of all tirants there is none lesse to be - detested than he which preieth vpon the rich to ease the necessitie of the - poore. Now they that praise the goodnes, bountie, and courtesie of a prince, - without wisedom; are themselves vnwise and ignorant in matters of state, - abusing therein both their praises and leasure: for asmuch as such simplicitie - without wisedome is most dangerous and pernitious unto a king, and much more to - be feared than is the great seueritie of a cruell, couetous, and inaccessible - prince. So that it seemeth our auntient - fathers not without cause to have used this Proverbe, That of - a craftie and subtill man is made a good king: which saying unto the - delicateA true Paradox. eares of such as measure - all things by false opinions rather than by sound reasons, may seeme right - strange: for by the too much sufferance and simplicitie of too good a king, it - commeth to passe that flatterers, extorcioners, and men of most wicked - disposition, without respect, inioy the principall honors, offices, charges, - benefits, and preferments of the Commonwealth, spoyling the reuenues of the - state: wherby the poore people are gnawne unto the verie bones, and cruelly - made Slaves unto the great: in somuch as that in stead of one tirant, there is - ten thousand. Out of which corruption also of the magistrats, and too much - 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, 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, 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; 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 - the time of his death were found in the common treasurie almost a thousand Sestertioes, that is to say, seauentie hundred thousand - french crownes, besides three moneths tribute which was now due: neither was - the Commonweale unto any then indebted, more than unto the Swissers, and the - Banque of Lyons, whom he would not pay, so to keepe them in awe: at which time - he had firme amitie and peace also with all princes and people: and the bounds - of his kingdom extended euen unto the gates of - Millan: his realme full of great captaines, and of the wisest men of the - world.

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But within twelue yeares after that Henry the second his - sonne raigned (whose bountieThe lenitie and immoderat - boūtie of king Henry the second, most hurtfull unto the kingdome of - Fraunce. was so great, as that the like was neuer in any prince of - his time,) we saw the state almost quite chaunged: for as he was sweet, - gratious, and courteous, so could he not denie any thing to any person; so that - his fathers treasures were in few moneths scattered, the great offices and - places of commaund were set to sale more than euer, the greatest spirituall - preferments without respect bestowed vpon vnworthy men, magistracies sold to them that would giue most, and so consequently - to the most vnworthie greater customes and - payments exacted than euer were before: and yet when he died, the estate of the receipt of Fraunce was found charged with two and - fortie millions, after it had lost Piemont, Sauoy, the isle of Corsica, and the - frontiers of the Low countrey: Howbeit that all these losses were but little, - in comparison of the losse of his reputation and honour. Whereas had the - facilitie of this great king bene tempered with seueritie, his lenitie with - some rigour: his bountie, with a certaine sparing, and that for a weake and - soft spirit, he had borne a stout and couragious mind: we had no doubt lived - both well and happily, neither had the Commonweale fallen into such miserable - calamities as now we have endured.

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But to hold this golden meane (some man will say) as it is hard for euerie man - to do: so for princes whom diuers strong - perturbations call out of the middle course unto the one or other of the the - extreames, it is of all others most hard. True it is, that vertue consisting in - the meane, is enuironed with many vices, much like unto a straight line, which - is hard to be found among a million of crooked: which graunted, yet so it is - neuerthelesse, that it is better and more expedient for the people and the - preseruation of an estate to have a rigorous and seuere prince, than too gentle - and courteous. The bountie of the emperour Pertinax, and - the enraged youthfulnesse of Heliogabalus had brought - the Roman empire euen unto the verie point of vtter ruine: when as the - emperours Seuerus of Afrike, and Alexander Seuerus of Syria, by a rude kind of seueritie and imperiall - austeritie reestablished the same, in the former brightnes and - maiestie, to the great and wonderfull - contentment of all good men. Thus therefore is the proverbe that we receiued - from our auncestors (That of an euill and subtill man is - made - - How the paradoxe, That of an euill and craftie man is made a - good king, is to be understood. - - 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 - more wicked of his time. Wee must not therefore iudge a prince to be a tyrant - for his seueritie and rigour, so that he do nothing contrarie to the lawes of - God and nature. But forasmuch as this discourse hath brought vs on so far, let - vs see also whether it be lawfull for a good man to lay violent hand vpon the - person of a tyrant. - -

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- - - - CHAP. V. ¶ Whether it be lawfull to lay violent hand - vpon a tyrant; and after his death to disnull all his - acts, decrees, and lawes. - -

- - THe proprietie of the word Tyrant, being not well knowne, hath deceiuedWho is - properly a Tyrant and that hee may lawfully be of any man slaine. - many, and armed the subiects unto the destruction of their princes. We have - before said him properly to be called a Tyrant, who of his owne authoritie - taketh vpon him the soueraigntie, against the - will of the people, without election, or right of succession, neither by lot, - by will, nor iust warre, nor speciall calling of God: and this is he, whome - poth the lawes and the writings of auntient fathers commaund to bee slaine; - propounding also most ample rewards unto such as should kill him: viz. the honourable titles of nobilitie and prowesse, - armes, statues, crownes, and in briefe the goods of the Tyrant also; as unto - the true deliverer of his countrey, or as the Cretensians vse to say of his - mother. Neither in this case make they any difference betwixt a good and a - vertuous prince; or a wicked man and a villaine. For it is not lawfull for any - man liuing, of himselfe to inuade the soueraigntie, and to make himselfe - maister of his fellowes, what colour of vertue or - iustice soeuer they pretend: and that more is, - in law he is guiltie of death, that wrongfully taketh vppon him any the markes - proper unto soueraigne maiestie. If then the subiect will inuade or take vppon - him the state of his king by any meanes whatsoeuer; or in a popular or - Aristocraticall state, doth of a companion make himselfe a soueraigne, hee - deserueth death: So that our question in this respect hath in it no - difficultie, but that such aspirers may of all the people, or any of them, be - lawfully slaine. Yet true it is, that the Greekes have in this point differed - from the Latins; as whether a man in this case ought by way of fact to - preuentWhether a Tyrant may be lawfully slayne before he - be lawfully tried and conuicted▪ the course of iustice? For why, the - law Valeria published at the request of Pub. Valerius - Publicola giueth leaue to every man to kill a Tyrant, and afterward to - trie the cause of him so slaine. Which law seemeth also not to want good ground - of reason: for that to proceed by way of - iustice, the Commonweale should bee consumed with the firebrands of tyranny, - before the fire once kindled could bee quenched: Besides that, who should cal - into question of iustice the Tyrant, armed with his guard and garrisons? who - should take him being possessed of the castles and strong holds? were it not - better by times to oppresse him by force, than by too religious standing vpon - the proceeding of the law, to loose the law together with the state? Howbeit - the law of Solon is quite contrarie unto this, expresly - forbidding to proceed by way of fact, or to kil him that seeketh to possesse - 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, 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 - aspiring, hath not as yet possessed the castles or strong places, seduced the - people, nor armed himselfe with strong garrison: and the law Valeria unto him - who hath openly declared himselfe a Tyrant, seised vppon the castles and - citadels, and strengthned himselfe with garrisons. In the first case wee find - that Furius Camillus the dictator, by way of iustice - proceeded against Marcus Manlius Torquatus: and in the - second case Brutus and Cassius - euen in the Senat and most open assembly of the people, slew Caesar, thinking of nothing lesse. But Solon, - when as he too religiously (should I say) or - superstitiously, had ordained that Tyrants should be lawfully tryed before they - were put to death, whilest he yet lived saw Pisistratus - of a subiect to aspire unto the soueraigntie of the Athenian state, against - whome for all that they which slew the Tyrants at Athens proceeded not by way - of iustice; whose children neuerthelesse Harmodius and - Aristogiton slew, contrarie unto the law, by the - priuat authoritie of Solon onely.

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But here might many questions be made, as, Whether a Tyrant who by force - 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 having - oppressed the libertie of the people, and so aspired unto the soueraigntie, may - 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 - neuerthelesse of opinion, that he may lawfully be slaine, and that without any - lawfull processe or triall, except he shall first renounce his authoritie, quit - his forces, and so put himselfe into the power of the people: for why, that - 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, 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 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 - safetie of themselves, and of the rest of the citisens, hasted the rather to - make choyce of him. Howbeit if the children or posteritie of a tyrant, shall - for long time, as by the space of an hundrd yeares, in continual possession - hold the soueraigntie, possessed by their great grandfathers or auncestours, - and so by their iust commaunds, gouern the Commonweale; such a gouernment ought - not now to be called a tyrannie, for that in this case, - - Long prescription serueth in staed of a iust title. - as in all other things, a prescription of so many yeares serueth in stead of a - iust title. And whereas it is said, that the rights of soueraigntie cannot be - prescribed: that is to say, in lesse then an hundred yeares, and concerneth - priuat men, who the Commonweale yet standing vpright, seeke to vsurpe the - soueraigntie, but concerneth not the generall conuersion or chaunge of the - whole state of a Commonweale. Wee said that the possession of the posteritie of - a tyrant ought to be of long continued without interuption or interpellation: - that is to say, that the subiects have not with any conspiracie rebellion, or - intercession, troubled the gouernment of the tyrant, or of his posteritie: for - thereby it is in a sort euident, and to bee gathered, the subiects of their - owne accord to have yeelded unto his commaunds, and to have taken him for their - iust prince. But interpellation or gain▪ - saying, and resistance, may aswell be showed & declared by deeds as by - words: of which sort was that which Aquila the Tribune - of the people did, who in sight of all the people tooke off the crowne that was - set vpon the head of Caesars statue, Caesar himselfe in vaine fretting thereat; who afterwards unto such - grants of honours and preferments as he gaue unto his friends, would still adde - that, If by Aquil his leaue we may - do it. And thus much concerning a Tyrant, whether hee bee a good man or - an euill, who without all right hath aspired unto the soueraigntie of the - Commonweale wherein he liveth.

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But the chiefe question of this our discourse, is to know, whether a soueraigne - princeWhether a lawful soueraign prince tiranizing may of - his subiects be lawfully ayne or not. come - unto that high estate by election, or by lot, by rightfull succession, or by - iust warre, or by the especiall vocation of all-mightie God; forgetting his - dutie, and become without measure cruell, couetous, and wicked, so peruerting - the lawes of God and man, and such an one as we commonly call a Tirant, may be - lawfully slaine or not. And true it is that many interpretours, both of Gods - and mans lawes, have said it to be lawfull: many of them without distinction - ioyning these two incompatible words together, a King a - Tyrant: which so daungerous a doctrine hath bene the cause of the vtter - ruine and ouerthrow of many most mightie empires, and kingdomes. But to discide - this question wel, it behoueth vs to distinguish an absolute soueraigne prince, - from him which is not so: and also subiects from straungers, according as wee - have before declared. For it is great difference to say that a Tirant may - lawfully be slaine by a prince a straunger; or by his owne subiect. For as of - all noble acts, none is moreThat a prince tyanizing may by an other straung prince be lawfully - slaine. honorable or glorious then by way of fact, to defend the - honour, goods, and lives of such as are vniustly oppressed by the power of the - more mightie, especially the gate of iustice being shut against them: as did - Moyses seeing his brother the Israelite beaten and - wronged by the Aegyptian, and no meanes to have redresse of his wronges; so is - it a most faire and magnificall thing for a prince to take vp armes to relieue - a whole nation and people, vniustly oppressed by the crueltie of a tirant: As - did the great Hercules, who traueling ouer a great part - of the world with wonderfull prowes and valour - destroyed many most horrible monsters, that is to say Tirants: and so delivered - people without number among the gods: his - posteritie for many worlds of yeares after, holding most great kingdomes, and - other the imitatours of his vertues: as Dio, Timoleon, - Aratus, Harmodius, Aristogiton, with other such like honorable princes - bearing the titles of chastisers and correctors of Tyrants. And for that onely - cause Temir-Cutlu, whom our writers commonly call Tamerlan emperour of the Tartars, denounced warre unto - 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 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 - 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 - all men infamed, and notorious for the oppression, murder, and slaughter of his - subiects and people. But as for subiects to do the same, it is to be knowne - whether the prince that beareth rule be an absolute soueraigne; or not: for if - he be no absolute soueraigne, then must the Soueraigntie of necessitie be - either in the people, or in the nobilitie: in which case there is no doubt, but - that it is lawfull to proceed against a - Tirant by way of iustice, if so men may preuaile against him: or else by way of - fact, and open force, if they may not otherwise have reason. As the Senat did - in the first case against Nero: and in the other against - Maximinus: for that the Roman Emperours were at the - first nothing else but princes of the Common weal, that is to say the chiefe - and principall men, the soueraigntie neuerthelesse still resting in the People - and the Senat: as I have before showed, that this Commonweal was then to have - bene called a principalitie: although that Seneca - speaking in the person of Nero his scholler sayeth: I am the onely man amongst liuing men, elect and chosen to be - the Lieutenant of God on earth: I am the Arbitratour of lyfe and death: I am - able at my pleasure to dispose of the state and qualitie of every man. - True it is that he tooke vpon him this - soueraigne authoritie by force wrested from the Senat and people of Rome: but - in right he had it not, the state being but a verie principalitie, wherein the - people had the soueraigntie. As is also that of the Venetians, who condemned to - death their Duke Falier, and also executed many others, - without forme or fashion of any lawfull processe: forasmuch as Venice is an - Aristocraticall principalitie, wherein the Duke is but the first or chiefe man, - soueraigntie still remayning in the state of the Venetian Gentlemen. As is - likewise the Germain Empire, which is also nothing else but an Aristocraticall - 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 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 - the managing of their warres: and for that cause were by the other magistrats - of the state, sometime for their faults condemned to pay their fine; as was - king Agesilaus: and sometime to death also as were Agis and Pausanias. Which hath - also in our time hapned unto the kings of Denmarke and Sweden, whereof some - have beene banished, and the others died in prison: - for that the nobilitie pretendeth them to be nothing but princes, and not - Soueraignes, as we have before showed: so - also are they subiects unto those states which have the right of their - election. And such were in auntient times the kings of the cities of the Gauls, - whom Caesar for this cause oftentimes calleth Regulos, that is to say little kings: being themselves - subiects, and iusticiable unto the Nobilitie, who had all the soueraigntie: - causing them euen to be put to death, if they had so deserued. And that is it - for which Amphiorix the captaine generall, whom they - called the king of the Liegeois said; Our commaundes - (saith he) are such, as that the people hath no lesse power - 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, 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 - strangers onely, but euen for the subiects themselves also, to take them out of - the way.

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But if the prince be an absolute Soueraigne, as are the true Monarques of - Fraunce,That it is not lawfull for the subiects either by - the way of fact, or iustice to attempt any thing against the honour, life, - or dignitie of their soueraigne prince, be he neuer so euill or - 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 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 - committed all the wickednes, impietie, and crueltie that could be spoken; For - as to proceed against him by way of justice, the subiect hath no such - iurisdiction ouer his Soueraigne prince: of whom dependeth all power and - authoritie to commaund: and who may not onely reuoke all the power of his - Magistrats; but euen in whose presence the power of all Magistrats, - Corporations, Colleges, Estates, and Communities cease, as we have said, and - shall yet more fully in due place say. Now if it be not lawfull for the subiect - by way of justice to proceed against his prince; the vassall against his lord; - nor the slaue against his master; and in briefe, if it be not lawfull, by way - and course of iustice to proceed against a king, how should it then be lawfull - to proceed against him by way of fact, or force. For question is not here, what men are able to doe by strength and force, - but what they ought of right to do: as not whether the subiects have power and - strength, but whether they have lawfull power to condemne their soueraigne - prince. Now the subiect is not only guiltie of treason in the highest degree, - who hath slaine his soueraigne prince, but euen he also which hath attempted - the same; who hath giuen councell or consent thereunto; yea if he have - conccaled the same, or but so much as thought it: which fact the lawes have in - such detestation, as that when a man guiltie of any offence or crime, dieth - before he be thereof condemned, he is deemed to have died in whole and perfect - state, except he have conspired against the life and dignitie of his soueraigne - prince: this onely thing they have thought to bee such, as that for which hee - may worthily seeme to have bene now alreadie - iudged and condemned; yea euen before he was therof accused. And albeit that - the lawes inflict no punishment vpon the euill thoughts of men; but on those - onely which by word or deed breake out into some enormitie: yet if any man - shall so much as conceit a thought for the violating of the person of his - soueraigne prince, although he have attempted nothing, they have yet iudged - this same thought worthie of death, notwithstanding what repentance soeuer he - have hadTreason but thought of punished with death. - thereof. As in proofe it fell out with a gentleman of Normandie, who confessed - himselfe unto a Franciscan Frier, to have had a purpose in himself to have - slaine Francis the first, the - French king: of which euill purpose and intent he repenting himselfe, receiued - of the frier absolution, who yet afterward - told the king thereof; who sending for the gentleman, and he confessing the - fact, turned him ouer to the parliament of Paris for his triall, where he was - by the decree of that high court condemned to death, and so afterwards - executed. Which wee cannot say, that the judges did for feare, seeing that they - had oftentimes refused to ratifie the edicts and letters patents by that - gratious king granted, notwithstanding whatsoeuer commaundement hee did giue - for them to confirme the same. And so in Paris, although a foolish man and - altogether out of his wit, called Caboche, drew his - sword vpon Henrie the second, Francis his son, as with a purpose to have slaine him; but without - effect or hurt done, yet was he neuerthelesse condemned, and so put to death, - without any regard had unto his lunesie or frensie; although the lawes euerie where excuse the madde and lunitike man, - from all punishment, what murther or villanie soeuer he doe; seeing that hee is - more than enoughThat soueraigne princes whatsoeuer ught to bee unto their subiects sacred and - inuiolat. tormented with the frantike furious passion it selfe. And - least any man should thinke themselves to have bene the authors of these lawes - and decrees, so the more straitly to prouide for their owne safetie and honour, - let vs see the lawes and examples of holy Scripture. Nabugodonozor king of Assyria, with fire and sword destroyed all the - countrey of Palestine, besieged the citie of Hierusalem, tooke it, robbed and - rased it downe to the ground, burnt the temple, and defiled the sauctuarie of - God, slew the king, with the greatest part of the people, carrying away the - rest that remained into captiuitie into Babilon; and yet not so contented, - caused * the image of himselfe made in gold, to be - - - - Dan. cap. - - . set vp in publike place, commaunding all - men without exception to adore and worship the same, vpon paine of being burnt - alive: and caused them that refused so to doe, to be cast into a burning - furnace: and yet for all that the holy * Prophets directing their - - Bare. 1. Hier. 29 letters unto their brethren the Iewes, then in - captiuitie at Babilon, will them to pray unto God, for the good and happie life - of Nabuchodonosor and his children, and that they might - so long rule and raigne ouer them as the heauens should endure. Yea euen God - himselfe doubted not to call Nabuchodonosor his seruant; - saying, That he would - - Hier. 2. Ezec. - - 9 make him the most mightie prince of the - world. And yet was there euer a more detestable tyrant than he? who not - contented to be himselfe worshipped, but caused his image to be also adored, - and that vpon paine of being burnt quick. And yet for all that we see the prophet Ezechiel, - enspired with the spirit of God, angrie with Sedechia - king of Hierusalem, greatly to detest his perfidious dealing, disloyaltie, and - rebellion against king Nabuchodonosor, whose vasall hee was, and as it were reioyceth him to have bene - most iustly slaine. We have also another more rare example of Saul, who possessed with an euill spirit, caused the priests of the - lord to be without iust cause slain, for that one of them had receiued Dauid flying from him, and did ofttimes what in his power - was, to kill, or cause to have bene killed the same Dauid, a most innocent prince, by whome he had got so manie victories - ouer his enemies: at which time he fell twice himselfe into Dauid his hands; who blamed of his most valiant souldiers (ouer whom - he then commaunded) for that he would not suffer his so mortal an enemie then - in his power, to be slaine, being in most - assured hope to have enioyed the kingdome after his death, he detested their - counsel, saying, God forbid that I should suffer the person of a king, the - Lords annointed to be violated. Yea moreouer hee himselfe defended the same - king persecuting of him, when as hee commaunded the souldiers of his guard - ouercome by wine and sleepe to be wakened. And at such time as Saul was slaine, and that a souldiour thinking to do Dauid a pleasure, presented him with Saul his head: Dauid forthwith caused the same - souldier to be slain, which had brought him the head, saiing, Go thou wicked, - how durst thou lay thine impure hands vpon the Lords annointed? thou shalt surely die therefore: and afterwards without all - dissimulation mourned himselfe for the dead - king. All which is worth our good consideration. For Dauid was by Saul persecuted to death, and yet - wanted not power to have revenged himselfe, being become stronger than the king - by the aid of his enemies, unto whome hee fled euen against his will: besides - that he was the chosen of God, and annointed by the hands of Samuel, to be king of the people, and had also married the kings - daughter: and yet for all that he abhorred to take vpon him the title of a - king, and much more to attempt any thing against the life or honour of Saul, or to rebell against him, but chose rather to - banish himselfe out of the realme, than in any sort to seeke the kings - destruction. So we also read, that the most holy and best learned men that euer - were amongst the Iewes▪ whome they called the Essei - (that is to say, the true executors of the law of God) held, that soueraigne princes whatsoeuer they were, - ought to bee unto their subiects inuiolable, as persons sacred, and sent unto - them from God. And wee doubt not, but that Dauid a king - and prophet, led by the spirit of God, had alwaies before his eies the law of - God, which saith, Thou shalt not speake euill of thy prince, - nor detract the Magistrat. - - * Exod. 23. 28. Neither is - there any thing more common in all the holy Scripture, than the forbidding not - onely to kill or attempt the life or honour of a prince, but euen for the verie - magistrats also, although (saith the Scripture) they be wicked and naught. If - therfore he be guiltie of treason against God and man, which doth but detract - the magistracie; what punishment then can be sufficient for him that shall - attempt his life? For the law of God is in this case yet more precise than are - the lawes of men: For the law - - Iulia holdeth but him guiltie of treason, which shall - giue councell to kill the magistrat, whereas the law of God expresly forbiddeth - in any sort to speake of the magistrat euil, or in any wise to detract him. - Wherefore to aunswere unto the vaine and friuolous obiections & arguments - of them which maintain the contrarie, were but idly to abuse both our time and - learning. But as he which doubteth whether there bee a God or nor, is not with - arguments to be refuted, but with seuere punishments to bee chastifed: so are - they also which call into question a thing so cleere, and that by bookes - publikely imprinted; that the subiects may take vp armes against their prince - beeing a Tyrant, and take him out of the way howsoeuer: howbeit that the most - learned diuines, and of best understanding, are cleere of opinion, that it is - not lawfull for a man not only to kill his - soueraigne prince, but euen to rebell against him, without an especiall and - vndoubtfull commaundement from God; as we read of Iehu, - who was chosen of God, and by the prophet annointed king of Israel, with - expresse commandement vtterly to root out all the house of king Achab. He before as a subiect had right patiently borne - all his wickednesse and outrages. Yea the most cruell murthers and torturing of - the most holy prophets, and religious men, the vnworthy murthers, banishments, - and proscriptions of the subiects; as also the most detestable witchcraft of - queene Iesabel: yet for all that durst he attempt - nothing against his soueraigne prince, vntill he had expresse commaundement - from God, by the mouth of his prophet, whome God indeed so assisted, as that with a small power he slew two kings, caused - seuentie of king Achab his children to be put to death, - with many other princes of the kings of Israel and of Iuda, and all the - idolatrous priests of Bahal, that is to say of the - Sunne, after thas hee had caused Iesabel the queene, to - be cast headlong downe from an high tower, and left her bodie to be torne in - peeces and eaten vp of dogges. But we are not to apply this especiall - commaundement of God, unto the conspiracies and rebellions of mutinous subiects - against their soueraigne princes. And as for that which Caluin saith, if there were at this time magistrats appointed for the - defence of the people, and to restraine the insolencie of kings, as were the - Ephori in Lacedemonia, the Tribunes in Rome, and the - Demarches in Athens, that they ought to resist and impeach their - licentiousnesse and crueltie: he sheweth - sufficiently, that it was neuer lawfull in a right Monarchie, to assault the - prince, neither to attempt the life or honour of their soueraigne king: for he - speaketh not but of the popular and Aristocratique states of Commonweales. And - we have before shewed, that the kings of Lacedemonia were no more but plaine - Senators and captaines: and when he speaketh of states, he saith, Possibly, not - daring toThe warrs of the Germaine princes against Charies - the fit in Germanie in Luthers iudgment not - lawful. Sledan. lib. 4. assure any thing. - Howbeit that there is a notable difference betwixt the attempting of the honour - of his prince, and the withstanding of his tyranny; betwizt killing his king, - and the opposing of ones selfe against his crueltie. We read also, that the - Protestant princes of Germanie, before they entred into armes against Charles the emperor, demaunded of Martin Luther if it were lawfull for them so to doe or not; who - frankly told them, That it was not lawfull, - whatsoeuer tyrannie or impietie were pretended; yet was he not therein of them - beleeued: so thereof ensued a deadly and most lamentable warre, the end whereof - was most miserable, drawing with it the ruine and destruction of many great and - noble houses of Germanie, with exceeding slaughter of the subiects: whereas No cause (as saith Cicero) can be thought iust or sufficient for vs to take vp armes - against our countrey. And yet it is most certaine, that the - soueraigntie of the empire resteth not in the person of the emperour, (as we - will in due place declare) but being chiefe of the state, they could not - lawfully take vp armes against him, but by a generall consent of the state, or - of the greater part of them, which was not done: then much lesse is it lawfull - to take vp atmes against a soueraigne prince. I cannot vse a better example, than of the dutie of a sonne towards his - father: the law of God saith, That he which speaketh euill of his father or - mother, shall be put to death. Now if the father shall be a theefe, a - murtherer, a traytor to his countrey, as an incestuous person, a manqueller, a - blasphemer, an atheist, or what so you will else; I confesse that all the - punishments that can bee deuised are not sufficient to punish him: yet I say, - it is not for the sonne to put his hand thereunto, Quia nulla - tanta impiet as, nullum tantum scelus est, quod sit parricidio - vindicandum. For that (as saith an auntient Orator) no impietie can be - so great, no offence so hainous, as to be revenged with the killing of ones - father. And yet Cicero reasoning vpon the same question, - saith, our country to bee deerer unto vs than our parents. Wherefore the prince - whom you may iustly call the father of the - country ought to be unto every man dearer & more reuerend than any father, - as one ordained & sent unto vs by God. I say therfore that the subiect is - neuer to be suffered to attempt any thing against his soueraign prince, how - naughty & cruel soeuer he be lawful it is, not to obey him in things - contrarie unto the laws of God & nature: to flie and hide our selues from - him; but yet to suffer stripes, yea and death also rather than to attempt any - thing against his life or honour. O how many Tirants should there be; ifWhat great inconueniecies should - ensue 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 - should of his subiects exact subsidies, should be then (as the vulgar people - accompt him) a Tirant: he that should rule and commaund contrarie to the good - liking of the people, should be a Tirant: (as - Aristotle in his Politiques sayeth him to be) he that - 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 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 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 - securitie, and quietly to passe thy time among vs. For can any hangman more - cruelly torment a man condemned to torture, than feare? Feare I say of death, - of infamie,The miserable state and condition of a Tyrant - whilst he liveth. and of torture: these bee the reuenging furies - which continually vex Tirants, and with eternall terrours torment them both - night and day: Then enuie, suspition, feare, - desire of revenge, with a thousand contrarie passions at variance among - themselves, do so disquiet their minds, and more cruelly tiranize ouer them, - than they themselves can ouer their Slaves, with all the torments they can - deuise. And what greater wretchednesse can happen unto a man, than that which - 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 understand, 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 - and dissentions: to the end they should alwaies be at defiance among - themselves, and in distrust one of an other? - And who can doubt but that a Tirant still languishing in such torment, is of - all men most miserable, and more afflicted and tormented, than if he should die - a thousand deaths? Death (as sayeth Theophrastus) is the - end of all miseries; and the repose of the vnfortunate, as sayeth Caesar: neither the one nor the other being in that point - superstitious, as not persuaded of the immortalitie of the soule, or that it - longer lived than the bodie, or that there remayned any farther paines for the - wicked after this life: so that to wish a Tirant slaine as a punishment for his - deserts, is but to wish his good and rest.

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But most Tirants have ordinarilie neare unto their owne persons certeine - Mynnions,The policie of some Tyrants to auert from - themselves the peoples rage. of whom they make great account and - reckning: whom they vse as spunges to suck vp - their subiects blood, vpon whom when occasion serueth, they discharge - themselves; to the end that the people entering into furie, should seise vpon - them, and spare themselves: So had Tiberius, Seian; Nero, - Tigillin; Dionyse the younger, Phyliste; and of - late Henry king of Sweden, George - Preschon, whom we read to have beene giuen as a prey unto the furious - people, and by them to have beene rent and torne in peeces. So the Emperour Anthonius Caracalla to please the people, put to death - all the flatterers who had before induced him to kill his brother. Neither did - Caligula in better sort intreat his claw-backs. And - by these sleights have Tyrants oftentimes wel escaped the rage and furie of the - people. But if the conspiratours began their furie at the person of the Tyrant himselfe, then were not onely his - friends and favourites, but euen his wiues, children, and neerest kinsmen, most - cruelly slaine. Which they did not onely all Greece ouer, but in Sicilie also: - as after the death of Hiero the Tyrant, ensued the - slaughter of all his friends and kinsfolks, the rage of the people with - vnspeakable crueltie bursting out, euen to the dismembring of his sisters and - cosens: his statues were cast downe, all his edicts reuoked, not only those - which were vniust and vnreasonable, but euen those also which were right - commendable and necessarie; to the intent that no memoriall of Tyrants might - remaine: yet true it is, that oftentimes their good decrees were still kept. - And that is it for which Cicero said, That there was - nothing more common, than to approue the acts of a - Tyrant, and yet to place in heauen them that - had slaine them. And yet he in another saith it be a doubt, not yet resolved - vpon, viz. Whether a good man ought to come unto the counsell - of a Tyrant consulting euen of good and profitable matters? And yet - this question dependeth of the other: for if a man make conscience to be - assistant unto a Tyrant, consulting of good things, for feare least in so doing - he should seeme to approue his tyrannie: wherefore should he then approue the - good lawes and decrees by him made? for that is also no lesse to ratifie his - tyranny, and to giue example to others, aswell as to giue councell unto a - Tyrant, in good and commendable things. Except one should say, that tyrannie - which yet is in the force and strength of it selfe, is shored and countenanced - by theThat not only the good acts and decrees of Tyrants, - 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, 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 - againe reuiued to ratifie his other euill acts. Yea it oftentimes falleth out, - 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 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, - which they could not vtterly disanull, without the ruine of the whole - Commonweale. As for that we read the acts of - Nero and Demetrian, to have - beene reuoked, and disanulled by the Senat, that concerneth certaine perpetuall - 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 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 - which the Tyrants their predecessoures have promised. of Tyrants to - be bound unto all such things as the Tyrants their predecessours have iustly promised or done, but not unto the rest. - So the emperour Constantine the Great, by a law - abrogated such things, as Licinius the Tyrant had before - vniustly decreed, but confirmed the rest. The like we read to have bene done by - Theodosius the younger, and Arcadius the emperours, after the death of the Tyrant Maximus, by this law, Quae Tyrannus - contra ius rescripsit non valere praecipimus: legitimis eius rescriptis non - impugnandis, What the Tyrant hath against right decreed, we commaund to - be of none effect; not impugning his lawfull decrees. And albeit that these two - yong emperours, to be revenged of the Tyrant Maximus, - had by a generall edict reuoked all the prodigall gifts and preferments, which - he lauishly had bestowed vppon wicked men, and of no desert in the Commonweale: - and also disanulled his iudgements and - decrees: yet would they not repeale any thing that had bene by him decreed or - graunted, without fraud and deceit, and the hurt of the Commonweale. Those last - wordes without fraud and deceit, which we read in Theodosius, his law, are added against Tyrants Agents, - & 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 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 - by good right, and the Sforces the rest: where amongst others it fortuned Iason the famous lawyer, a favourit of the Spaniards, by fraudulent - meanes to obtaine the goods of Triuultius, a worthie - captaine of the French part: but the Spaniards afterwards driuen out, and the - French returned, Iason was right well beaten with his - owne lawes and decisions, being by the captaine Triuultius againe thrust out of his vniust possession, and that by his - owne doctrine. In which case yet the force of lawes and decrees oughtNaturall equitie in all cases cannot in any lawe be comprised, - but is oft times to be left unto the religious arbitremēt of men expert in - matters of state. not to be of so great force and power, as naturall - and vpright equitie it selfe, which cannot be fully comprised in any lawes, but - is to be left unto the religious arbitrement of them who know how to mannage - the affaires of state, and wisely to ballance the particular profit, with the - counterpoise of the publique, according to the infinit varietie of times, places, and persons; alwaies remembring the - profit of euerie man in particular, and of all together in generall, not to be - one and the same: and that the publike is alwaies to be preferred before the - priuat, except the priuat be grounded vpon the greatest equitie and reason. As - if the Receiuers in the heat of the civill warres, or in the raigne of a - Tyrant, or in such time as lawfull enemies make inuasion, shall be enforced to - pay the publike money: it is good reason it should be allowed them, as paid - unto the Commonwealth. For so it was iudged by decree of the parliament of - Naples, for them that had paid unto the receiuers of Charles the eight, when as after the returne of the Spaniards, they - would have enforced the receiuers to have paid the money twice, naturall reason - (in this case) preferring the priuat profit before the publike. For the - receiuers could not otherwise doe, the - Frenchmen then fully possessed of the kingdom of Naples. But if the Receiuers - or debtors of the Commonweale, shall without any summons or constraint, or for - some colourable suit, pay unto the enemie, or a Tyrant, part of that which is - due, to accept in stead of the whole, they shall yet still remaine not onely - debtors for the whole, but be in daunger also of treason. Wherefore to conclude - this question, It is not meet that the good decrees or laws of a slaine tyrant - should be repealed or disanulled.

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And in this, the princes much deceiue themselves, which ouerthrow and make - voidMurthers euen of euill and tyrannicall princes, not - to be rewarded, but seuerely punished. all the acts of Tyrants, their - predecessours; and namely they which giue reward to them that have slaine - Tyrants, to make them a way unto the soueraigntie. For they shall neuer assure themselves of their owne lives, if they - seuerely punish not the conspiratours against their owne prince and murtherers - of him, although hee were neuer so great a Tyrant. As most wisely did Seuerus the emperour, who put to death all them which had - any part in the murther of the emperour Pertinax: which - was the cause (as saith Herodian) that there was no man - which durst attempt his life. So also Vitelliu - - the emperour put to death all the murtherers and conspirators against Galba, who had presented requests signed with their owne - hands unto the emperour Otho, to have had of him reward - for their distoialtie. And Theophilus emperour of - Constantinople caused them all to be called together, who had made his father - emperour, after they had slaine Leo the Armenian, as if he would have well recompensed - them for so great a good turne: who being come together with many other, who - 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 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 - euen good kings also to have done, not so much in regard of their owne safetie, - as of the dignitie of them that were slaine. As Dauid - did unto him who in hope of reward brought him his - father in lawes head cut off, but slaine by his enemies. And Alexander the Great caused cruelly to - bee put to death him that had murthered king Darius, - abhorring the subiect which durst to lay hand vpon his king: although Alexander himselfe by lawfull warre sought after his life - and state, as beeing his lawfull enemie. And yet in mine opinion the thing that - hath most preserued the kings of Fraunce and their persons inuiolated, is for - that they have not used crueltie towardsLenitie of soueraign - princes towards them of their owne blood offending them; and so in their - daunger, or otherwise their honorable prisoners: unto themselves both - commendable and profitable them which were neere unto them in blood, - albeit that they were attainted; conuicted, yea and condemned as enemies to - their prince, and guiltie of treason. As Iohn the - second, duke of Alencon, although he was twice for the same cause condemned, as - for that he had with the enemies conspired against king Charles the seuenth and the Commonweale, and the sentence of death - pronounced against him by the Chancelour, yet - for all that would not the king, that he should bee executed. Many have blamed - this the kings too much clemeneie, as daungerous: but they see not, that kings - in so doing, do not so much deliver their kinsmen from punishment, as - themselves; neither so much to prouide for other mens safetie, as for their - own; nor that in forbidding the blood of their kinsmen to be shed, they spare - their owne; nor that hee which putteth a prince of his owne blood into the - executioners hands, or causeth him to be murthered, forgeth a knife to cut his - owne throat. For wee have seene the emperours of Constantinople both of - auntient and latter time, and many kings of Spaine and England, who fouling - their hands in the blood of their princes, suffered themselves afterward in - their persons that which they had done to others. For not to speake of those - things which are reported to have of late - bene done in the house of Castile: one king in that nation cruelly murthered - six of his brethren: and in lesse than thirtie six yeares fourescore princes of - royall blood, were (as Philip Comines in his - Commentaries reporteth) in England either slaine or executed by the bloudie - executioners hands. Now the greatest safetie of a soueraigne prince, is to have - their subiects persuaded, that they ought to be holy and inuiolat; although it - 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 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 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 - since the yeare 1567, least he should trouble both him and the Commonweale. But - they have bene, and yet are by this meanes more reuerenced and honoured - of their subiects, than if they had put - these their so honourable prisoners to death.

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But here some men wil obiect, The keeping of such princes prisones, to be a - thingThe keeping of great princes prisoners, - daungerous. full of perill and daunger: which I confesse, and was the - onely reason that moued the pope to counsell Charles of - Fraunce, to put to death Conradin his prisoner, the - sonne of Manfroy king of Naples. As with like crueltie - had Ptolomie, last king of Aegypt caused Pompey the Great, after his flight unto him from the - battaile of Pharsalia, to be slaine; his councellors saying unto him, That dead men bit not. And yet neuerthelesse neither could this Ptolomee escape - destruction: neither wanted there heires enow of the house of Aragon, who ceased not to driue out them of the house of Aniou, - and to recouer againe the kingdome: and albeit that he which put him to death, - beeing himselfe afterward also condemned to die, escaped: yet so it was, that - the infamie of so detestable a murther, without cause committed vppon the - person of a young innocent prince, hath yet tested vpon them which did the - execution to their owne destruction. And truely our auncestours seeing Iohn duke of Burgundie, rashly in the verie time of - iudgement, confessing the murther of Lewes his kinsman, - 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 - under safe conduct, was himself likewise serued, and in cold blood slaine, they that were the authors of his death - escaping vnpunished.

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- - - - CHAP. VI. ¶ Of an Aristocratie. - -

- - AN Aristocratie is a forme of Commonweale, wherein - the lesseWhat an Aristocratie is. part of the - citisens with soueraigne power commaundeth ouer all the rest; and euerie - citisen in particular. And in that it is contrarie unto the estate Popular, for - that in the Aristocraticall state the lesser part of the citisens command, and - in the Popular state the greater: and yet in - that they both agree, that they which have the soueraignty, have power to - commaund ouer every one in particular, but not ouer all in generall. Wherefore - a Monarchie is in that better and more honourable than the other two; for that - in it the power of one extendeth it selfe ouer all in generall, and in - particular also: a thing in mine opinion well worthy the noting. And like as a - Monarchie is either Royall, Lordlike, or Tyrannicall: so also anThree sorts of Aristocraties. Aristocratie may be - Lordly, lawfull, or factious; which in auntient time the called an Oligarchie; - that is to say, a Seignorie of a verie small number of Lords. As were the - thirtie lords of Athens, ouerthrowne by Thrasibulus, - whom they called the thirtie Tyrants. Or the ten commissioners, commonly called - the Decemuiri, appointed to reforme the lawes - and customes of Rome: and long after the Triumuiri, who by force oppressing the - libertie of the people, inuaded the soueraigntie. And that is it for which the - auntients have alwaies taken this word Oligarchie, in the euill part, and - 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 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 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 - of fools, of wicked and most impudent men, good and wise men (if there be any) - euerie where being the least part of the people: and what more shamefull thing - could there be, than the honour and reputation of wise men, to depend of the - iudgement (should I say, or of the rashnesse) of the head strong people. Yet - let vs grant some few good and wise men to bee in the citie, truely they will - shun euen the verie sight of the wicked and of the - bedlem multitude: neither if they come unto their common assemblies, be so shamelesse and impudent, as to name and make - their choice of themselves as of wise men. For so Lactantius - Firmianus meerely iesteth at the seuen Sages of Greece: If they were - but wise (saith he) in their owne iudgements, then were they not wise: but in - the iudgement of others, much lesse, who were not wise in iudging no mo wise - but seuen, and all the rest fooles.

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But some may say it should do well herein to imitate the auncient Romans, and - other Latins, in the choice that they by solemne oath made of the most valiant - and warlike man of all other for their Generall: who so chosen, should make - choice of a second for his Lieutenant most like himselfe: and he likewise of - the third: and the third of the fourth; and so in order one valiant man of an - other, vntill the number of their Legions were - filled. This truely might seeme a good way for the forming of a Commonweal of - good and worthie men, at the first beginning thereof: But who should prefine - the measure and number of those good men? and who should be suertie unto the - Commonweal, that every one of those good men, should still make choice of an - other good man like himselfe; rather then of his sonne, his brother, his - kinsman, or his friend? and admit it were so done, sith every where there are - so few good men, who should defend them from the multitude, and violence of - 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 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, 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) - burnt them in their diet, and massacred almost all the rest that escaped from - the daunger of the fire: which shamefull - murther of the Pythagorians raised great sturres in Italie.Whersoeuer the lesser part of the people hath the soueraignties there is - one kind or other of an Aristocratie. - -

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Wherefore whether they be of the better sort, or of the worse; of the richer - sort, or of the poorer; of the nobler, or of the baser; of the more warlike, or - otherwise which hold the soueraigntie, so that it be the lesser part of the - citizens or people, we call it by the name of an Aristocratie. This lesser part - of citizens or people we need not to define by any certein number: for that the - varietie of numbers is infinite, and can by no man be comprehended. As admit - there be ten thousand citizens, of whom an hundred have the soueraigntie; if in - their common assemblie three score of them shall be of oneThe lesser part of the people in an Aristocratie not to be defined by any - certaine number. opinion for the making of a law: that law shall in - generall bind the other fortie which have part also in the soueraigntie, but - are the fewer in number, together with the other nine thousand nine hundred excluded from the gouernment, and the same three - score being of one mind together, shall rule the whole ten thousand in - particular: Neither yet for all that is the soueraigne right drawne unto those - three score; But as in every lawfull Colledge and Corporation, the greater part - is every where the better: so it followeth that three score being of one - accord, shall ouer rule the other fortie both altogether and a part: except by - law concerning soueraigntie it be prouided, that two thirds of the citizens - agreeing among themselves, should preuaile against the rest; as we see it set - downe in almost all the lawes and statutes of Colledges: by which meanes threescore foure citizens, shall in the aforesaid number - of an hundred, be superiou unto the other - thirtie six. Wherefore in an Aristocratie we are not to have regard how little, - or how great the number of the citizens is; prouided that they which have the - soueraigntie ouer the rest, be fewer in number than the one half of the whole. - For admit there be an hundred thousand citizens in a Commonweale, of whom ten - thousand have the soueraigntie ouer the rest, it shall as well be called an - Aristocratie; as if of ten thousand citizens, one thousand onely should hold - the estate: considering that both in the one and other Commonweal, the tenth - part hath the soueraigntie: so we may say where the hundred, or the thousand - part of the citizens beare the sway; and the fewer that they be, the more - assured and durable is the state; so that they be not at variance amongst - themselves. As the estate of the Pharsalians was the most durable of - - The Aristocratical estate of the Pharsalians. Graece, - and yet it had but twentie Gouernours. And the Lacedemonian Commonweal, which - caried away the prize of honour from all the others of the East: albeit that it - was most populous, yet for all that it had in it but thirtie Gouernours, chosen - out ofThe estate of the Lacedemonians. the better - sort, to continue in the gouernment so long as they lived. The Epidaurians - saith Plutarche had but an hundred and foure score of - the noblest and welthiest of the citizens which had part in the soueraigntie: - out of which number they chose the counsellours of the state. The auntient - Commonweale of Marseilles in Prouence (whichThe auntient - estate of them of Marseilles. in the iudgement of Cicero was the best ordered Commonweal that euer was in the world) had - in it six hundred citizens which held the soueraigntie: out of which number of - six hundred were taken the Senators, and fifteene magistrats, and of these - fifteene magistrats were three Presidents set - ouer them in maner of the Roman Praetors. The like we may deeme of the Rhodians - and Theban Common-weales, after that their popular estates were chaunged into - Aristocraties, the richer sort possessing themselves of the soueraigntie: than - which nothing can bee more commodious for the Commonweal, especially if good - citizens cannot be had. For which cause Titus Flaminius - the Consul established the townes and cities of the Thessalians in forme of an - Aristocratie, making Senatours and Iudges of the richer sort, and giuing to - them the soueraigne power, whom it concerned most, that their Commonweal should - continue in rest and peace. Which order Andrew Doria - seemeth to have followed inThe Aristocraticall estate of - Genua framed by Andrew Doria. reforming the Commonweal of Genua, by - him drawne from the obeysance of the French, - in the yeare 1528, at which time he by the consent of the citizens there - established an Aristocratie of eight and twentie families, chosen as well out - of the base commonaltie, as out of the nobilitie, so that they had six houses - within Genua, all whom by a law he made noble, & partakers of the - soueraigntie of the state: leauing unto their discretion, every yere to chuse - unto them ten other citizens, such as they should think fittest for their - vertue, for their nobilitie or riches. Out of these eight and twentie families, - he established a Counsell of fower hundred men, every yeare to be chosen for - the gouernment of the state: who also made choice of the Duke, and eight - gouernours for two yeares to continue, whom together they call the Seignorie; - for that unto them it belongeth to manage the - waightie affaires of the Common wealth: except some such great matter happen, - as may require the aduise of the Senate, which consisting of an hundred - persons, is vsually every yeare chosen by the nobilitie, by secret voices, by - lot giuen, as they do in Venice. And every one of these eight Gouernours after - his office expired, continueth for two yeares Procurour of the Common wealth: - and from that time forward, remayneth one of the priuie councell, together with - them which are and have beene Dukes, who are Procurours of the Common weal so - long as they live. Besides that there are fortie Captaines every yeare chosen, - and an hundred men deputed to every one of those captaines, which is a legion - of foure thousand men, appointed for the strength and - defence of the citie: Ouer which legion there - is one Colonell, or chiefe Captaine, whom they call the Generall; who are all - 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 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 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 - should come in and be heard: at which time - if none complained, they had letters testimoniall giuen them, in witnesse of - their vpright dealing in their office. The same yeareThe - estate of Geneua that Doria established an - Aristocratie at Genua, they of Geneua also changed their Pontificall monarchie - into a Popular state, gouerned in maner of an Aristocratie. And albeit that the - Towne long time before pretended, it selfe not to bee subiect unto the laws - either of the Duke of Sauoy or of the Pope, but to be free from them both; yet - the citizens thought it not best for them to attempt any thing, vntill that - discord about the Soueraigntie was risen not only betwixt the Duke & the - bishop, but euen betwixt the bishop and the people also: at which time they - tooke hold vpon the occasion then presented unto their desires for the changing - both of their Religion & state. Wherefore - their Commonweale now set at libertie, they established a Counsell of two - hundred citizens, with soueraigne and perpetuall power; but that the people - still reserued unto themselves the confirmation of lawes, the election of their - 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 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 - Commonweal and that of Genua is notable, but especially in this, that the Genowaies vse every yeare to change their - great Counsell of fower hundred, and Senat of three score, with other their - Magistrats, except some few which continue for two yeares. Whereas the great - Counsell of Geneua, the Senat, and priuie counsell are once chosen for euer: - yet so, as that the censuring of every one of them every yere is still reserued - unto the Citizens: which is most straitly looked unto; whereby it commeth to - passe, that the Commonweal of Geneua is more firme, and lesse subiect unto - 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 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 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) used amongst the - Lacedemonians, who after the death of their Senators, made choice of others in - respect of their honour and vertue onely.

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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 - after the forme of Zurich; which is almost like unto that of Berne. Which - neuerthelesse differ in this, that with these the great Councel & the Senat - chaunge euerie yeare: which they do not at Geneua: for with these the - fraternities, which they call Zunfft, euerie one of them - composed of one, two or three occupations: which are eleuen at Schaffouse, - twelue at Zurich, fifteene at Basil; and in other places more or lesse, chuse - twelue persons of euerie fraternitie, for the great Councell: and for the Senat - they chuse two, as at Zurich; or three, as at Basil; of whome one is the chiefe - of the fraternitie. So that the great Councell at Zurich, consisteth of two - hundreth, of 244 at Basil, of 86 at Schaffuse. And of Senators at Zurich the - number is fiftie, at Schaffuse twentie sixe, and at Basil sixtie three. But - they which are so chosen by the voyces of the - fraternitie, are confirmed also by the great Councell, and by the Senators or - magistrat, or by the old Senat, as at Basil. For the one halfe of the Senat is - that which was before, which had the charge alreadie sixe monethes. And the - other-moytie of the Senat, is of those which are but newly chosen, to the - intent that the Senat should not be wholy chaunged all at once. True it is, - that the auntient Senat of Basil, chose alwaies the Senat for the yeare - following: and the Burgamasters who had for their companions three Tribunes at - Zurich, and two at Basil, who with the Bourgamasters being foure, have nine - other persons, as assistants ioyned unto them, and so together make the - colledge of the thirteene men (as they call it) unto whome all the mannaging of - the secret affaires of the Commonwealth are committed: and without whose authoritie nothing vsually is propounded unto - the Senat or great Councell to resolue of. There are also at Zurich eight men, - which have charge of the common receit, ouer whome one Bourgomaster is - gouernour. And at Zurich and Shaffuse the new Senators determine all causes - criminall: whereas in all the other townes the Prouost of the empire, with - three Senators in the name of the whole Senat decide the same: which prouost is - also chosen of the Senat, and generally none may bee chosen into the Senat - which is defamed or base borne. By all which it is manifest, that their estate - is gouerned Aristocratically; and yet more at Berne, Lucerne, Friburg, and Solere, where the fraternities - and companies have no voyces in the state, neither power o authoritie to meet together, more then for matters - concerning their occupations and trades: but - euerie yeare foure captaines or chiefe men of euerie citie, chose out sixteen - other citisens, men of greatest integritie, and without all imputation: who - three daies before Easter make choice of the great Councell, consisting of an - hundred of the better sort of the citisens at Lucerne, and of more than two - hundred at Berne: which great Councell afterwards chuseth the Auoyer, which - they call Schuldthessen, and the other magistrats. And - particularly the Auoyer, with the aforesaid sixteene, and the foure captaines - chose the Senat, which is of xxvj at Berne, and xviij at Lucerne: who have the - power of the state at Berne for a yeare. The foure captaines are also annuall - chosen by the great Councell; by which captaines and the treasurors, all the - judges are lected - and confirmed by the Senat: which Senat hath also the deciding of the first - appeales. The second appeales are decided by the same Senat of xxvj, and xxvj - others whome the Senat shall make choice of. But the last appeale of all is - unto the great Councell, the chiefe whereof is the Auoyer: where if question be - of the life, fame, or fortune of any the citisens: it is by the decree there - made decided, without further appeale. The same order almost is used in the - state of Friburg, in making choyce of the great Councell, consisting of two - hundred of the better sort of the citisens: by whome afterward is chosen the - Senat of twentie foure persons, and the Auoyer with the foure captaines.

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- - Whereby it is well to be understood those estates of - the Swissers to bee Aristocratique, - - The estate of the Swissers Aristocraticall, et temperated with a certaine mixtu of popularitie. yet popularly tempered: for - that the way is open for all the citisens of what de gree soeuer unto all the - officers and places of commaund, benefits and charge in the Commonweale, if - they be not men infamed, distracted of their wits, or otherwise vtterly - ignorant of gouernment. That is also belonging unto popularitie, that almost - all their magistrats are annuall: which temperature of the better or richer - sort with the meaner or poorer, in being capable of the honours of the - Commonweale, maketh the same much more firme and stable, than if the honours - and preferments were communicated but unto the Senators or richer sort onely; - with whome the vulgar people is most commonly at oddes: and that so much the - more amongst the Swissers, where the nobilitie (except some few) long sithence - destroyed and almost rooted ou, the people tooke vpon them the soueraigntie: which by little and - little falling againe unto the nobilitie (excepting - 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. - Howbeit there have bene moe Aristocraties, consisting of the more auntient and - noble families, than of the richer or more vertuous. As the Commonweales of the - Samians, the Corcyreans, the Rhodians, and Cnidians, and almost all the - Commonweales of Greece, after the victorie of Lysander, - were by him chaunged into Aristocraties of the most auntient families, in - chusing out ten or twentie, or at the most thirtie, unto whome hee committed - the soueraigntie for the gouernment of - their estates. Wee see also the state of Venice, to be as we have before shewed - 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) 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 - by the most noble and auntient families; following therein almost the example - of the Venetians: yet still much more respectiue and carefull of their - nobilitie, than are the Venetians. For a Venetian gentleman may marrie a base woman, or a common citisens - daughter: whereas the Rhagusian gentleman may not marrie a common citisen, - neither a straunger, how noble soeuer, if she be not a gentlewoman of Zarafi, - or Catharo, and bee farther worth at the least a thousand ducats. There are - also but twentie foure houses, which have part in the state: out of whom are - drawne diuers families, out of which the great Councell of about three hundred - gentlemen is drawne; prouided alwaies that they bee twentie yeares old, when - they are so chosen. These make choyce of threescore gentlemen Senators, for the - mannaging of the affaires of the state, and in cases of appeale, so that they - be aboue the value of three hundred ducats: who have also the hearing of - 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 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 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 - this Commonweale of Rhaguse hath of all others that we have heard, the purest - Aristocratie, and farthest from all popular mixture. - The citie of Luca also gouerned after the same fashion, admitteth - - The estate of of Luca. onely - the auntient families to bee partakers of the soueraigntie of their gouernment, - who are but few, albeit that about the yeare 1555 there were numbred two and - fiftie thousand citisens, besides women. Out of the nobilitie are created an - hundred & twentie yearely Senators: out of whome are chosen the ten - Councellors of the priuie Councell, with the prince whome they call the - Gonfalonnier. And in these consisteth the soueraigne state of this Commonweale. - Other officers there be also, as Censors, Pretors, and Receiuers, of whome we - 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 - understand the true nature of an Aristocratie. - -

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And forasmuch as diuers men beleeue, and some of them of greatest knowledge - ofWhether the Germaine empire be a Monarchie, or a eere Aristocratie. the Germans have by - writing also published, the German empire to be a true Monarchie: we will also - speake of that estate, whereof although we have in briefe somewhat spoken - before, yet here we will more at large thereof discourse, and show the same to - be an Aristocraticall estate. True it is, that from the time of Charlemaigne unto the raigne of Henrie surnamed the Falconer, it was a pure Monarchie by right of - 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, having by little and lirtle withdrawne - the soueraigntie, have left nothing unto - the emperour, but the bae marks therof in show; the - soueraigntie it selfe in effect remaining unto the state of the seuen electors, - of three hundred German princes or thereabouts, and the ambassadours deputed - for the imperial cities. Which when it first happened, I see no man to have yet - written▪ For that such things as by little and little and little creepe into a - Commonweale, are scarcely at all perceiued, neither well felt, vntill the - change bee quite made. Now wee have before shewed that it is an Aristocratike - state, wheresoeuer the lesser part of the citisens or people commaund ouer the - rest together, and ouer euerie one in particular. And so it is, that the - estates of the empire, composed of three or foure hundred men (a - - In whom the soueraigntie of the Germaine empire - consistteth. I have said) have the soueraigne power priuatly ouer the - emperour himselfe, and ouer all the other - princes, and townes of the empire in particular: as also to giue lawes to all - the subiects of the empire, to determine of peace and warre, to lay taxes and - impositions vpon the people, to appoint judges both ordinarie and - extraordinarie, to iudge of the goods, honour, and lives of the emperour, the - princes and imperiall townes: which all are the true markes of soueraigntie. - Which if it be so, as most certaine it is, who can denie but that the state of - the German empire is a true Aristocratie? And that to bee true which I have - said, is most euident; sith it is so, that the power of soueraigne commaund - dependeth of the acts and decrees of the estates. But the decrees are made by - the seuen princes electors, accounted for one third part of the - voyces: and by the other princes of the - empire, in number not aboue three hundred, who have also another third part of - the voyces: and by the deputies of the free cities or imperiall townes, in - number seuentie, or thereabouts, which have the other third part of the - deliberatiue voyces: by whome all the lawes and decrees of the empire, or - whatsoeuer els is propounded, have used to be made, established, disanulled, or - confirmed. And hath nothing particular in respect of the state, different from - other Aristocraties, but that the seuen princes electors have (as we said) one - third part of the voyces; the princes another, and the imperiall townes the - rest: in such sort, as that if the seuen electors and the deputies, or the - deputies and the princes, or the electors and the other princes, be of accord and agree in one, the decree whatsoeuer passeth. - And for that the ecclesiastical princes are - the greater number, they oftentimes carrie away the matter against the lay - princes: which was the cause that the same lay princes, who had before - renounced the Romish religion, tooke in euill part the diet which Charles the fift held at Ratisbon; neither being thither - sent for, would come. And like as the gentlemen of Venice, Luca, and Rhaguse, - vntil they be twentie yeares old enter not into the great councell, neither - have any part in the soueraigntie: euen so likewise the children or neere - kinsmen of the German princes, be they young, or be they old, have no voyces in - the diet, if they be not qualified princes of the empire: which are a certaine - number of Dukes, Marquesses, Counties, Lantgraues, Burgraues, Margraues, - Barons, Archbishops, Bishops, and Abbats. And albeit that the duke of Loraine - be a prince of the empire, and hath a voyce - with the rest of the princes, yet so it is, that his vncle the countie Vaudemont, of the same stocke and house with him, as - other like princes of the same ranke and order, have neither voyces nor places - in the assembly of the states and princes of the empire, but are reckoned - amongst the children of those princes. Howbeit yet many are of opinion, the - 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 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 - themseues, than in aliance offensiue or defensiue, as we have in due place - declared: whereas the German empire is vnited by the estates generall in - soueraigntie, who not onely have power to bridle the princes and cities, with - fines, exile, proscription, and other seuere punishments, but also to depose - and thrust out of the empire euen the emperours themselves, as they did the - emperours Adolphus and Venesaus, with many others. Beside that, the estates - make ordinatie decrees and lawes, which bind all the subiects of the empire, as - well in generall, as in particular. And that more is, the ten circles or - circuits of the empire, hold their particular estates, and yet bring their - requests, complaints, and grieuances, unto the estates generall, to receiue - their commandements and resolutions, as lawes. Moreouer the princes electours, - the day after the - - The princes Electors hold their states of the empire and not - of the emperour. coronation of the emperour, protest themselves to - hold their states of the empire, and not of the emperour, albeit that they doe - their homage betwixt the emperours hands. In briefe, all iurisdiction and - soueraigntie of all appeales in civill causes, aboue twentie crownes by the - auntient lawes, and fortie by the new, appertaine unto the imperiall chamber, - as to all the appeales of the subiects of the empire: which chamber is composed - of twentie foure judges, and one prince of the empire, chosen euerie yeare, - according to the order of the ten prouinces or circuits. And if so be that any - controversie arise betwixt any of the princes, or the imperiall cities - themselves; whether it bee for their bounds, their lives, their honour or - states, the deciding thereof belongeth unto the judges of the imperial court: - except it please the whole states of the empire to take unto themselves the hearing and determining of the matter, in - such their generall assemblies as we have before spoken of. As in the yeare - 1555, it is set downe in a decree of the empire, That if from that time forward - any prouince, prince, towne, or subiect of the empire should beare armes - against the German nation, hee should bee iudged by the states of the empire; - who to that end were appointed to hold a diet at Wormes. And in the same diet - holden at Ausburg, it was forbidden all the princes of the empire, to raise any - armie, or to take vp armes in the aid of any straunge prince, and that vppon a - great penaltie. And that more is, it is expresly and most straitly forbidden by - the laws - - - - Lib. 2. cap. 28. of the - empire, any prince, towne, or corporation, to be so hardie, as to prohibit or - let the appeales of the subiects unto the - imperiall chamber, and that vpon great paine also. And in fine, the emperour - himselfe, as head of the assemblie of the states, more straitly bindeth them as - it were into one bodie and Commonweale, than if they were but ofThe maiestie of the empire not to rest in the emperour but in - the whole assemblie of the estates of the empire. themselves onely: - and yet in him resteth not the maiestie of the empire, but in the whole - assemblie of the states. For other which hold the soueraigne power in - Commonweales, doe themselves creat princes, dukes, and earles, whereas the - emperour is himselfe by the other dukes and princes of the empire created. How - therefore can hee being the selfe same man be both the soueraigne and subiect - of the empire, lord, and vassall, maister, and yet constrained to be obedient - unto the estates? And not unto the estates onely, but euen unto the deputies - and lieutenants of the empire? Which unto some - may seeme right straunge, and yet is indeed most true. I truely my selfe have - read the letters of a great lord, pentionarie unto the king, directed unto Mommorancie the Connestable, bearing date the twelft of - May, in the yeare 1552: whereby hee aduertiseth, that Henrie the second (then the French king) had iust cause to complaine - unto the duke of Saxonie, and the countie Palatine, lieutenant for the empire, - 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, 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 - present the same unto the states, as his office was. And by the assemblie of - the imperiall diet holden at Heidelberg, in the yere 1553, it was decreed, that - none of the emperours court should mannage any the affaires of the empire; as I - have seene by letters from the French ambassadour. And as for monies - extraordinarily raysed by the decree of the estates, for the affaires of the - empire, they are not brought into the emperours coffers, but are laid safely vp - in store in certaine cities therefore appointed: viz. - Strausbourg, Lubec, and Ausbourg: Neither is it lawfull for the emperour to - take so much as one peny out of the common treasure, without the consent of the - state. Al which most plainly show them to be in an errour, and much deceiued, - which call the German emperour a Monarch; or which deeme that Aristocraticall - estate to bee a right Monarchie. Whereas all - to the contrarie the emperour Maximilian the first, - great grandfather to him which now raigneth (albeit that hee was ambitious - enough) yet in a discourse which hee had with the states of the empire - concerning such matter, told them, That hee thought it not needfull to take the - imperiall crowne at the hands of the Bishop of Rome, neither to stand vpon such - ceremonies, seeing that the soueraigne power, as they knew, rested in the - states themselves. Neither is it lawfull for the emperour of himselfe, or at - his pleasure to call together a diet of the empire, without some especiall and - extraordinarie vrgent cause, neither to dissolue the same: but at the breaking - vp of euerie diet, order is there taken for the diet to bee holden the - yeare next following. So that it is not - lawfull for the emperour to rall an assemblie of the states, which it was - lawfull for the Roman magistrats to do, as also for other magistrats in euerie - popular and Aristocraticall Commonweale, so that it were done by commaunding of - euerie one, as in particular, but not of altogether, as in common: After the - auntient manner of the Romans, whereby the Consull might by his edict call - together all the Senators, one by one into the Senat, vpon paine of proceeding - 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 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 - euerie one of them in their degree goe to meet them, but yet in such sort, as - if it were but to meet a straunge prince.

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Now if one should say that the Emperour beareth himselfe as a Iudge, and - determinerHow the emperour determineth the quarels and - controversies betwixt the princes, or the imperial town of the empire. of all quarrels and - controversies betwixt the Princes, or the imperiall Townes; True it is at the - first motion, and when the parties are content to accept thereof, and that also - but as Lieutenant for the Empire: as in like case the Duke of Saxonie, and the - Countie Palantine might also iudge as the Imperiall Lieutenants: and yet for - all this, appeal made unto the Estates of the - Empire suspendeth the power of the Emperour, aswell as of the imperiall - Lieutenants. Yet might some say, that the Princes of the Empire by their - letters, and in the assemblies of the States, vse these magnificall titles - towards the Emperour, Your sacred Maiestie, and such - like, which cannot be applied but unto him which is himselfe a Soueraigne: such - as Slaves would scarce vse towardsGlorious flattering itles giuen to princes neuer awhit encrease their - souerign ti. - the greatest kings on earth: titles for fashion sake, foolishly or wickedly - (should I say) giuen by flatterers unto men, which are onely fitting the most - mightie and immortall God. And yet do in deed no more increase the power of the - Germaine Emperour, then of the King of the Romains: whom by such like prodigall - pompe and words, a man might also think to have the power of soueraigne - Maiestie; so that in that Empire there should - be two Soueraignes: and yet for all that one of them subiect unto the other. - For so George Helfustein Baron of Gondelphfingen, - pronouncing the speach of Ferdinand king of the Romans - in the generall assemblie of the States of the Empire in the yeare 1556, - calleth him their Soueraigne Lord.

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But the greatest argument of Soueraigntie is, that the Emperour giueth the fees - ofHow the emperour bestowe the - fees of the empire. the Empire being void, unto whom he pleaseth, and - inuesteth in them whom he seeth good: and that without the consent of the - States. Whereunto I againe answere, that the expresse consent of the Estates is - not necessarie, and yet is it not altogether done without their good liking, - who neuerthelesse permit the same; when as they might aswell cut of this point, - as they have done the other marks of Soueraigntie. And howbeit that the embasadour Marillac was of - opinion, that the Emperour had not this power: and therefore aduertised king - Henry, how that the Emperour Charles the fift had at Bruxels in the yeare 1551, inuested Philip of Spaine in the Duchie of Millan without the - consent of the States of the empire: yet can he not find so much as any one - inuestiture of any Imperiall fee, in the conferring whereof the expresse - consent of the Estates was had. But certein it is, that the Emperour bestoweth - not these fees or inuestitures, but as in qualitie of the Lieutenant of the - empire: in such sort as he receiueth the fealtie and homage of the princes, - for, and in the name of the empire. As in like case Ferdinand the emperour without the consent of the estates of the - empire, receiued Granuellan sent unto him with speciall - charge and deputation from Philip king of Spayne in the yeare 1565, to do for him the fealtie and - homage due unto the Empire, for the Duchie of Millan, and the perpetuall - Lieutenancie of the principalitie of Sienna: granting unto him as a vassall of - the Empire charters of his fealtie done: and for the confirmation of his - possession therein. The same is to be thought concerning the confirmations of - benefices, and other royall rights, which giuen by the princes or cities of the - empire, or by the Chapters and Colleges of priests themselves, are yet - neuerthelesse to be confirmed by the Imperial authoritie: according to the - agreement made betwixt the Bishop of Rome, and the estates of the Empire. As - for letters of safe conduct which he giueth unto - embassadors, heralts at armes, and other strangers, - - The maiestie of the Germaine emperour by this French author - still empaired whereunto the ordinarie clause is adioyned in these - words, Forasmuch as wee for our Imperiall power may do all - things: they show right well that the Emperour was in auncient time a - soueraigne Monarchie; which he now is not: For why then should the Electors and - other princes of the Empire refuse to grant unto the emperour, the diet which - he requested of them in the yeare 1566? or why then should both hee and his - officers be by them forbidden so much as to touch the monies by them raised for - the maintenance of the warres. And to cut it short, we need not but to look - into the articles of the oath made by the Emperours (by vs before declared) to - know yet more euidently, that the soueraigntie of the Empire is not any wise in - 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 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 - least power to whom they giue most honour. of well gouerned - Aristocratike states, is to graunt unto him the least power to whom they giue - the greatest honour: and sometimes also least honour unto them that be of most - power: as of all others the Venetians in the ordering and gouernment of their - Commonweal best know how to vse that matter. Seeing therefore wee have thus - 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 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 - this realme every citie and feigniorie have their Iudges, Consuls, Sheriffes, - and other their particular officers which gouerne their estate; so is it in the - Imperiall townes and cities: but that here are moe roiall judges; whereas in - 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 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 - particular bodie of a soueraigne Commonweale.

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Now as the state of the Empire it selfe is entirely Aristocratique, so also the - great imperiall townes and cities hold their estates in Aristocraticall forme: - as Ausburg, Nuremberg, Wormes, and others, which are almost all Aristocraties; - albeit that in trueth some of them are more popular than others, as is the - citie of Strasbourg. But for breuitie sake I - will for example onely set downe the state of the citie of Nuremberg,The estate of Nuremberg Aristocraticall. the greatest, - most famous, and best ordered of all the imperial cities, established in forme - of an Aristocratie; wherein of an infinite number of citisens there are but - xxviij. auntient families which have power ouer all the rest of the subiects, - which are within the iurisdiction of Nuremberg. Out of these xxviij. families, - they every yeare first make choice of two Censors, men without any imputation; - which done, all the rest of the magistrats are every one of them displaced: - then these Censors according to their owne discretion make choice of xxvj. - Senators: who out of themselves chuse xiij. persons, for the managing of the - secret affaires of that Commonweal: and out of the - same Senat also make choice of other xiij. Sheriffes also: beside the vij. - 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 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 - Nuremberg seeme in some sort to have bene desirous to fashion their - Commonweale. And albeit that of the imperiall townes some of them be freer than - other; as are those which be neither in subiection nor protection of other - princes, namely Nuremberg, Strasbourg, Lubec, Hambourg, Breme, Wormes, and Spires. Yet so it is, that they all as subiects - have a reuerent regard unto the maiestie of the German empire. True it is, that - there are many which have exempted themselves from the power of their princes, - to maintaine themselves in libertie: and now of late to hold of the empire, as - the towne of Brunswich, which hath withdrawne it selfe from the obeysance of - the princes of Brunswich, Wormes and others, whichMost of - the Iperiall cities of Germanie gouerned in form o Aristocraties. have exempted themselves from - the power of their auntient lords. As in like case the Swissers and Grisons, - 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 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, 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 - themselves from the German empire, and established their Commonweale in forme - of an Aristocrati, of eight and fortie of the better - sort of them, who so long as they live have the soueraigntie, and when one of - them is dead, still chusing another in his place. True it is, that in the yeare - 1559, Adolph duke of Holst did what he could to have - subdued them, pretending that - - Christiern his great grandfather had of the emperour Frederike the third obtained the soueraigntie ouer them - 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.

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Wherefore it is manifest not onely the whole estate of the Germaine empire, but - euen the imperiall citties, themselves also to be gouerned in manner and forme - of pure Aristocraties. But heere we must have regarde in considering of the - Aristocratique estate that wee confound not the princes and chiefe magistrates - of a Commonweale with kings: nor a counsell of the nobilitie with a Senate: - wherein Historiographers often times erre and goe astray, and that specially - when as in a Commonweale there are so few of - the nobilitie or better sort to mannage the state, as that they are both - Senatours and magistr ats: which gouernment of few, the Greekes call an - Oligarchie. So the Pharsalian estate was gouerned by twentie of the nobilitie: - the Lacdemonians by thirtie, neither were there moe in all the cities of the - Greeks after the victorie of Lysander. They of Thetmarsh were gouerned by eight - and fortie; and had no other Senatours then the Seignorie it selfe: the - Cnidians by threestore (whome of their integritie of life they called Amymones) - but these were but annuall magistrates: whereas the other were perpetuall. And - all be it that the Cnidians neuer gaue any account of - that they had done in time of their gouernment, yet were they not therefore - soueraigne lords, but soueraigne magistrats; - who their magistracie once expired, were again to restore unto the nobilitie, - the soueraigne gouernments by them committed to their charge. In like case they - of Zurich chose euerie yeare thirtie six magistrats, of whom twelue by course - gouerned foure moneths: which forme of gouernment continued unto the yeare - 1330, that the common people enraged and rising vp in mutinie cast them out, - creating in their stead a Senat of two hundred of the nobility, with a Consull - chiefe amongst them: and all those estates had the counsell of their nobilitie - and Senat all one. Yet doe they better and much more surely, which in an - Aristocratie (how little soeuer) be it deuide the counsell of the nobilitie - from the Senat: as amongst the Rhagusians, where although the number be but - small of them that gouerne that Commonweale, - 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, 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 - months, the soueraign magistrat yet stil holding his place for two yeres: in - which manner of gouernment they honorably maintained their estate, vntill that - of late yeares it was by the Grand Signior taken from the Genowayes, and so - vnited unto the Turkish empire.

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And thus much concerning the definition of an Aristocratie. Now as concerning - the profits and dangers incident unto an Aristocratique estate: & the - manner of the gouernment thereof, we will in due place declare. It resteth now - to answere unto thatFour sortes of Aristocraties by - Aristotle set downe. which Aristotle saith concerning an - Aristocratie, being altogether contrarie unto that which is by vs before set - downe. There are ( - - Plit lib. 4. Cap. - - . saith hee) foure sorts of Aristocraties: - The first, where none but the richer sort, and that to a certaine reuenue, have - pan in the gouernment of the Seignorie: The second, where the estates and - offices are giuen by lot unto them which hold most wealth: The third, where the - 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 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 - before not onely by probable but euen by necessarie reasons also, prooued to - bee impossible, and by nature altogether imcompatible: wherefore letting that - passe, let vs now also show the diuers formes of Aristocraties by Aristotle set downe, to bee no way considerable. First - 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 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 - like might be said for the gouernment of the better sort also, who might - chaunce to be the greater number of the citisens, which should have part in the - Seignorie: and yet according to the opinion of Aristotle, it should also be an Aristocraticall estate, albe - - it that the greater part of the people beare therein - the sway. As for the gouernment of good men, - if we shall measure them according to the highest degree and perfection of - vertue, we shall not finde one such: but if after the common manner, and - opinion of the people, so euerie man will call himselfe a good man. But to - iudge of an otherHard to iudge who is a good man. - mans integritie and vertue, as it is an hard matter for any man to do, so hath - it it also unto wisemen alwaies seemed a thing most dangerous: Insomuch that - the wise and graue Cato being chosen out for the - purpose, durst not giue sentence whether Q. Luctacius - was a good man or not. But admit that in euerie Commonweale the good are in - number fewer than the bad; & yet have the gouernment of the common state: - why for the same reason hath not Aristotle made one sort - of Aristocraty, wherin the nobilitie hold the soueraignitie? seeing that they - are euer fewer in nūber then the base & vulgar sort: why also maketh he not an other sort of Aristocratie, - wherein the most antitient families although but of base degree bore rule? As - it chanced in Florence after that the nobilitie were driuen out. For it is - right certain that there are many base families, who although they be not - famous or much spoken of for any great thing by them or their auncestours done, - are yet more auncient and honest then a number of vpstart gentlemen, who - happily scarce knowe their owne fathers. He might also make an other sort of - Aristocratie, wherein the tallest and greatest should have the soueraignitie as - he himselfe - - Poli. lib. 3. Cap. 5. saith they do in Ethiopia: and so - consequently also an Aristocratie of the fairest, of the strongest, of the - valiantest, of the wisest, of the learnedst, and of others with such like - qualities of the bodie, or of the minde: as wee see to bee incident but into the fewer sort: whereof should ensue an - infinite multitude and varietie of Aristocratique Commonweales. But that - seemeth also unto mee most strange that hee should say the second sort of an - Aristocraty, to be where the richer sort by lot have the gouernment and - mannaging of the state, whereas alwaies, elsewhere, hee had said lots properly - to appertaine unto the popular state. Thus the Athenian Commonweale was of all - other most popular, he with Xenophon agreeth: and yet - for all that the greatest honours, offices, and preferments were not their - giuen, but unto the richest before the time of Pericles. And in Rome which was - also a popular state, before the law Canuleia the greatest honours, priesthood, - and preferments, were not bestowed vpon any of the common vulgar sort of - people, but vpon the most auntient gentlemen - whome they called Patricii: a most certain argument that the Commweale may - be in state popular, and yet gouerned - Aristocratically: and that there is a notable difference betwixt the state of a - Commweale; and the gouernment of the same, as we have before said. As for the - fourth sort of Aristocraties, wherin (as Aristotle - saith) some few which take vpon them the mannaging of the state, vse a Lordlike - power and commaund ouer all without law, in manner of a tiranie: we have before - showed the difference betwixt a Monarchie royall, Lordlike, and tirannical: the - like difference whereof is also in the Aristocraticall gouernment: wherein the - Lords may gouerne their subiects as Slaves, and dispose of their goods, as may - the Lordly Monarke, without law and yet without tiranising also: not vnlike the - good maister of the familie, who is alwaies - more carful of his Slaves, than of his hired Seruants: and so also loueth them - better. For why it is not the law which maketh the iust and rightfull - gouernment, but the true administration of iustice, and equall distribution - thereof. And the fairest thing in the world that can be desired in matter of - state, (in the iudgement of Aristotle himselfe)A wise and vetuous king the greatest - ornament and stay of a Commonwe - - is to have a wise and vertuous king, knowing how to gouerne his people - without lawe: considering that the lawe oftentimes serueth many but as a snare - to deceiue and snarle men in: and is also of it selfe dumb and inexorable: as - the nobilitie of Rome complained at such time as the people would needes have - lawes, and be gouerned by them, after that the kings - were driuen out, who gouerned without law & gaue iudgement according to the diuersitie of the facts or causes presented - before them: which manner of iustice the consulls and nobilitie, who in some - measure held the Commonweale in an Aristocratique state continued, vntil that - the people desirous to bring it unto a popularitie, requested to bee gouerned - by the equalitie of lawes, and not to have their lives, fame, and fortune, to - depend of the iudgement of the nobilitie & choice magistrats only: which - their request after that it had bin, with much a do 6 yeres debaited, against - the Lordlike Aristocraticall gouernment of the nobilitie: they at length at the - instance of their Tribune Terentius Arsa caused it to - passe in force of a law, that from that time forward the nobilitie, consulls, - and magistrates, should themselves as well as the people, be bound to all such - lawes, as the Decemviri to that purpose appointed by - the people should set downe and make. It is - not therfore the law which maketh good Princes, or magistrats in a Commonweale, - be it a Monarchie or Aristocratie; but vpright reason and iustice, engrauen in - the mindes and soules of iust princes and Magistrats; and that much better then - in tables of stone. Neither euer were there more cruell tirants then were they, - which bound their subiects with greatest multitude of edictsNeuer worse gouernment then where the greatest multitude of lawes w. and lawes, which he tyrant Caligula of purpose, and to no purpose, caused to bee set downe in - so small letter, as that they could hardly be of any man red, but with Linceus eyes, to the intent thereby to entangle the moe - through ignorance transgressing the same: whose successour and vncle Claudius in one day made twentie edicts: and yet for all - that there was neuer greater tiranie then then: neither worse or more vilanous - men. But as an Aristocratie well ordered is - of it selfe a maruelous faire and goodly state: so can there be none worse if - it be once corrupted: when as for one tirant thereNo forme - of a commonweale worse then a corrupt Aristocratie shal be many: and - that especially when the nobilitie shal bandie it selfe against the people: as - it often times chaunceth; and as we reade it to have in auncient time fallen - out, when as in many Aristocratique estates none was by the nobilitie admitted - into their number for the gouernment of the state; but that they must first - sweare, to be for euer enemies unto the people, and all popular men: a course - not so much tending to the destruction of the cominaltie and people, as of the - nobilitie and mightie men themselves: and so to the vtter subuersion of all - Aristocraties, as we shall in due place declare And thus concerning the - Aristocraticall estate: now let vs likewise see what a popular estate is.

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- - - - CHAP. VII. ¶ Of a Popular Estate. - -

- - A Popular estate is a forme of Commonweale, wherin - all or mostWhat a popular estate is. part of the - people togeather commaundeth in soueraignetie ouer the rest altogether, and - ouer euerie one in particular. The principall - 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 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 Citises in particular were subiect and - bound, wherfore Tiberius Gracchus the factious Tribune of the people requested Marcus - Octauius his companion and fellow of himself to giue vp his office, before that the eighteene tribes had giuen their - voices for the deposing of him: for - withstanding of Tiberius propounding and vrging the - lawes for the diuision of lands: and for opposing himselfe against the profit - of the people. Also at such time as Lucius Rullus, the - busie Tribune by request which hee presented unto the people, concerning the - diuision of lands, desired that the commissioners which had that charge, might - bee chosen by the greater part of the seauenteene tribes of the people onely: - Cicero, then Consull tooke - thereupon occasion amongst the other things to crosse the entertainement of his - request, and publication of the law, saying: that the Tribune in so doing went - about to deceiue the other eightteene Tribes, that is to say the greater part - of the people of their voices, which the Consuls obiection was the lesse to - have bene regarded, and the more easily to have by the Tribune bene - answered, for that his request was, but if - it pleased the people (that is to say: the greater part of the 35 Tribes) that - the lesse part of the people (that is to say the seauenteene tribes) might - appoint the commissioners▪ so that the maiestie of the people notwithstanding - his request remained still whole and untouched: considering that the lesser - part of the people was thereunto to be deputed, but at the will and pleasure of - the greater part: to the end that the greater part of the people should not - still for euerie trifling matter be called together. So by the law Domitia it was prouided that if by the death of any of - the Augures, Preests or Bishops any benefice fell voide, they should assemble - but 17 tribes of the people for the nominating of him, whom they would have - chosen Bishop: so that he which was by nine of the tribes of the people - nominated and allowed, was by the chapiter or - Colledge of Augures or Bishopps to be admitted and receiued.

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When I say the greater part of the people to have the soueraignitie in the - popularGreat difference whether voyces▪ be taken by Poll - o by Tribes & companies, in a popular - 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 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 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 divided in the time of Romlus, and how they - 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 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 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 - that defect, and that so often in euerie companie, vntill the number of - fourescore companies were filled vp. So that in taking voices they seldom came - 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 five first - companies in number sixteene thousand▪ And had this - ordinance of king Seruius still remained in force after - kings were driuen - - How the people of Rome wrested unto it selfe the - soueraigntie, and how that state of an Aristocratie became a Democatie, or a meere popular state. out, it had - not bene a popular state but an Aristocraticall, for that the lesser part of - the people had then therein the soueraignetie. But shortly after the expulsion - of the kings the common people seeing themselves oppressed by the wealth & - power of the greater, reuolted thrice from the nobilitie, and held their state - apart: to the intent they might every one of them, as wel the poore as the - rich, the base as the noble, have their voices alike; neither could they be - before quieted, vntill they had obtained power out of the bodie of themselves - to chuse their Tribunes, the maintainers of their liberties: wherof their - Tribunitial assemblies began first to be holden. But for asmuch as the nobility - & richer sort dispersed among the tribes, caused the poorer & meaner - 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 divided into eighteene tribes, - which by little and little in continuance of time tooke such increase, that - 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) 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 - so by multitude of voices, carried all things away from them: which (as we have - before said) was by Appius the Censor done, thereby to - gratifie the vulgar people, and by that meanes to obtaineHow - Fabius by great wisedome ouerthrew the popular - deuise of Appius, and so obtained the name of Maximus. - - of them what so he would: Fabius Maximus the - Censor by great wisdom ouerthrew all the grace that Appius had by cunning got, by thrusting all the enfranchised men, and - such as were of them discended, into foure tribes by themselves: so to preserue - the antient and freeborn citisens in the right of their voices. For which onely - fact by him brought to passe without tumult or sedition, hee obtained the name - of Maximus, or as we say, the Greatest. Which his order - still continued, vntill that about 300 yeares - after, Seruius Sulpitius Tribune of the people, would - needes have the enfranchised men againe enrolled into the Tribes of their - maisters by whome they were before manumised or set at libertie: but before - this his motion was brought to effect, he was himselfe slaine: which for all - that in the time of the civill warres betwixt Marius - - Marius popular. and Silla, was - 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 - attempted the like at Athens; by presenting a request unto the people, That the - enfranchised, and other the inhabitants of Athens, might be enrolled in the - number of citisens: which his request was then - euen openly reiected, albeit that there then were not aboue 20000 citisens: - which was seuen thousand moe than was in the time of Pericles, when as were found but thirteene thousand citisens enroled, - out of whomNo Commonweal so popular as that all the people - gaue therein voice, it being sufficient that the greater part of the tribes - still caried aw ay the matter. also 5000 strangers, who had syly crept in for citisens, were sold for Slaves: and - yet the multitude of the Slaves was than ten times more than the number of the - citisens.

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This which I have said, may well serue to aunswere that which might bee - alleaged, That there is not, neither haply euer was any so popular a - Commonweale, as wherein the subiects had all voyces alike; or if they had, that - they could all meet together to make lawes, create magistrats, and vse the - other markes of soueraigntie: a good part of them to - the contrarie being ordinarily still absent, and so the lesse part making the - law▪ But it sufficeth, that the greater part - of the tribes carried away the matter, albeit that haply in some one tribe a - thousand citisens were in voyces equall unto another, wherein there were ten - thousand; considering that the prerogatiue of euerie mans voyce was in this - tribe reetued unto him. Yet hereby it came to passe, - that the more ambitious fort of men oftentimes by bribes or favour corrupted - the chiefe men, and as it were the ringleaders of the tribes, especially at - such time as the lesser part of the people was present at the assemblies: Which - to meet withall, it was therefore oftentimes prouided, that when any law of - importance was made, it should in no wise bee againe repealed, except there - were six thousand citisens at the least present at the assemblie, who gaue - their consent to the reuoking thereof; as is oftentimes to bee seene in - - - Demosthenes. And the Ostracisme (as Plutarch writeth) tooke no place vpon any man, except six thousand - citisens at the least agreed in one therein: which yet was the lesser part of - the people. Te like whereof is also observed in the - lawes of the Venetians, being of any great weight or importance; and namely in - laws concerning the execution of iustice, whereunto this clause is adioyned, - That the great Councel shal not in any thing derogat from the law established, - except there be at the least a thousand Venetian gentlemen there present; and - that of them, eight hundred all agree in one and the same opinion, for the - repealing of the law. Whereunto the Roman lawes, concerning corporations and - colleges, seeme also to have had regard; where two third parts of the - Collegiats, and of them also the most voyces must agree, to giue any law - or order unto the rest. And in all the - assemblies of the Venetians, which have bene called together for the gouernment - of the seignorie in our daies, there have scarcely at once met together - fifteene hundred gentlemen: so that when the law willeth a thousand of them at - the least to be present, the meaning of the law is, that there should two third - parts of those which have voyces in the state be still present, and of them - eight hundred to be all of one opinion for the passing of any matter: which I - thinke to bee therefore done, for that eight hundred of them make the greater - part of fiftene hundred: a thing requisit, where voices are taken by the Poll, - 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 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 - giue their voices by tribes; as the three popular Commonweals also of the - 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, 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 - voices for the chusing of the Senat, the Aman, and their other magistrats, - which they doe by lifting vp their hand, after the auntient forme of the - Athenian and manner of - other such popular Commonweales, sometimes constraining their neighbours with - drie blowes to hold vp their hand, as they did of old. In like manner the - tribes of the Grisons, which are of others most popular, and most popularly - gouerned of any Commonweale that is, make their common assemblies for the - choice of their Aman: (which is the soueraigne magistrat in euerie one of their - little cantons:) where he which hath bene Aman the - three yeares before, standing vpright, and excusing himselfe unto the people, craueth of them pardon for - whatsoeuer hee hath done amisse in his office before: then after that hee - appointeth out three citisens, out of whome the people chose one for their Aman - or chiefe magistrat for the yeare following: after whome they chose also his - lieutenant, who is as it were the chauncellour, and thirteene other - councellors, of whom foure are of the councell for the more secret affaires of - the state, and after them the Camarlign, or Chamberlaine treasurer for the - common treasurie. But in this there is a notable difference, betwixt the - gouernmentThe cantons of the Swissers much ruled by their - great men, but the Grisons not so. of the Grisons, and of the other - Cantons of the Swissers: for that hee which can giue unto his side, two or - three of the principal officers, of any one canton of the Swissers, who are - ruled by certaine great men bearing sway amongst them, may assure himselfe - to have gained the whole canton: whereas - the people of the Grisons hold themselves in nothing subiect or pliant unto - 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, 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, 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 - French ambassadour so well bare himselfe, that notwithstanding the Spanish - practise, they within two moneths after, together with the rest of the cantons - of the Swissers sent 27 ambassadours into Fraunce, to renue and confirme their - former alliances.

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These examples of popular cities we have set downe, that thereby the force and - 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 - Aristocratical or popular Commonweale. poll, by tribes, companies, - parishes, or communities. And yet Aristotle writeth unto - the contrarie: We must not saith he, - according to the common opinion iudge the estate popular, where the greater - part of the people have the soueraigntie: And afterward for example bringeth - forth xiij. hundred citisens in a citie, of whom a thousand of the better & - richer sort have the soueraigntie, excluding the rest: we ought not saith he to - deeme this a popular state; no more than that to be an Aristocratie, wherin the - lesser part of the citisens have the soueraigntie, being men of the poorer - sort. And after that he concludeth thus: The popular estate is wherein the - poorer sort of the citisens have the soueraigntie; and an Aristocratie where - the richer sort beare the rule, whether they be moe or fewer in the one or in - the other much concerneth not. And by this - meanes Aristotle to establish his owne, reiecteth the - common opinion of all people: yea euen of the Philosophers and law-giuers - themselves: which common receiued opinion hath alwaies beene, is, and shall be - mistris in matters of state. And yet he had neither true nor probable reason to - depart from the common opinion: whereas thereof ensueth a thousand intollerable - and ineuitable absurdities. For so we might say that the faction of the - Decemuiri or ten commissioners, appointed for the correcting and amending of - the euill lawes and customes of Rome, taking vpon them the soueraigntie, was a - popular estate; albeit that all histories call it an Oligarchie, although they - in that barenes of the Commonwealth were not chosen for their wealth, but for - their wisedome onely. And to the contrarie, when - 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 five hundred of the poorer sort were - excluded, that that state were an Aristocratie. And againe to the contrarie, if - 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 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 - fairest or tallest of their citisens, it shall - no more be a popular, but an Aristocratique estate: which is an other foule - errour in matter of state, considering that to iudge of an estate, the question - is not to know who have the magistracies or offices: but onely who they bee - which have the soueraigntie and power to place and displace the magistrats and - officers, and to giue lawes unto every man.

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And these absurdities, and others also much greater then they, ensue hereof, in - thatThat the state of a commonweale may be of one sort, - and yet the gouernment therof of another and that quite contrarie. - - Aristotle hath mistaken the manner and forme of the - gouernment of a Commonweale, for the soueraigne state thereof. For as we have - before said, the state may be a pure royall Monarchie, and yet the gouernment - there of popular: as namely if the prince giue honours, offices, and - preferments therein to the poore, aswell as to the rich: to the base aswell as to the noble, and so - indifferently to all without respect or accepting of person. As also it may be - 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 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 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 - request and motion of Aristides the just, whereby all - the citisens were receiued into all the offices of the Commonweale, without - respect of their wealth, contrarie to the law of Solon, - whereby it was prouided, that in bestowing of honours and places of authoritie - and commaund, regard also bee had unto mens abilitie and wealth. So likewise if - the nobilitie onely, or some few of the richer sort should have the - soueraigntie in the state, and so exclude all the rest of the people from the - honorable places and preferments in the - Commonweal, so to keepe them to themselves alone: one might say that estate not - to be aristocratike only, but also aristocratically gouerned; as wee may see in - the state of Venice. But here happily some man will say, that none but my selfe - is of this opinion, and that not one of the auntient, and much lesse of the - moderne writers which intreat of matters of state or Commonweales, have once - touched this point. True it is that I cannot denie the same; yet this - distinction neuerthelesse seemeth unto me more then necessarie, for the good - understanding of the state of every commonweal; if a man will not cast himselfe - head long into an infinite labyrinth of errours, where - into we see Aristotle himselfe to have fallen: mistaking - the popular Commonweal for the - Aristocratique: and so contrarie wise, contrarie to the common receiued - opinion, yea and contrarie to common sence also: For these principles euill - grounded, nothing that is firme and sure can possiblie be thereon built. From - this errour likewise is sprung the opinion of them which have forged a forme of - a Commonweale mingled of all three, which we have for good reasons before - reiected.

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Wherefore let vs firmely set downe and resolue that there are but three formes - ofThat the state of a Commonweal may be of one sort and - the gouernment of an other, withour confusion of the states. - Commonweales, and no moe, and those simple also, and without any confused - mixture one of them with an other; albeit that the gouernment be sometimes - contrarie to the state: As a Monarchie is - contrarie to a Democratie or popular estate; and yet neuerthelesse the - soueraigntie may be in one onely prince, who may popularly gouerne his estate, - as I have before said: and yet it shall not be for that a confusion of the - popular estate with a Monarchie, which are states of themselves incompatible, - but is well (as it were) a combyning of a Monarchie with a popular gouernment, - the most assured Monarchie that is. The like we may deeme of the Aristocratique - estate, and of the popular gouernment: which is by farre more firme and sure, - then if the estate and gouernment were both Aristocratique: the state standing - almost inuiolable, when as the subiects by such a moderat kind of gouerment are - amongst themselves combyned, as also unto the Commonweale. And albeit that the - gouernment of a Commonweale may be more or - lesse popular, aristocratique, or royall, (as of tyrannies, some may be more - cruell than others,) yet so it is that the state in it selfe receiueth no - comparison of more or lesse. For the soueraigntie is alwaies indiuisible and - incommunicable in oneSoueraigntie allwaies by nature of - itselfe indiuisible. alone, or in the lesse part of all the people, - 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, 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 - their chiefe magistracies & places of greatest commaund are sometime giuen - euen to verie Sadlers, and such other mechanicall men: neither of the aforesaid - Cantons is any one of them walled except Zug. - The other new Cantons and Geneua, are lesse popular, gouerning thrmselues by - certein lords, which they call the Councell, as I have learned by Master - Basse-fountaine Bishop of Limoges, who long and discreetly without blame, as - any one embassadour, hath to his great honour mannaged this charge. And albeit - that the Bernoies and they of Zurich compose their Senat of diuers handy crafts - men, yet they vse commonly to creat their Auoyers (or chiefe magistrats) of - their most noble and auntient families: whereby they are lesse subiect unto - seditions and tumults: whereas the lords of the three Cantons of the Grisons - being more popular, are also more subiect unto seditions and sturres, the - people in their assemblies being hard to be - gouerned; and once moued, hard to be pleased; as the ambassadours of princes - have alwaies by experience found. For the true nature of theThe true nature of the people. people is, to desire libertie without - restraint of bit or bridle whatsoeuer: and to have all men equall in wealth, in - honour, in paines, and rewards; without regard of nobilitie, wisedome, or - vertue: and as Plutarch saith wisely to have all cast - into lot, and euen ballance, without respect or favour of any man, then if any - 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, 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 - armes,The beginning▪ of the popular estate of the - Swissars. and that the nobilitie be by the force of the people - ouerthrowne. As it happened at the establishing of the popular estate of the - Swissars, after the battell of Sempach, where almost all the nobilitie was - slaine, and the rest which were left constrained to renounce their nobilitie; - and yet neuerthelesse were excluded from all honours and offices of charge in - the Commonweale, except at Zurich and Berne (which is in them the lesse to be - maruelled at, for that the nobilitie there, with great safetie and without - force of armes, made their peace with the victorious common people, now before - quite spentThe auntient Gretians and Italians in their - popular libertie more insolent than were the Swissars. with civill - warres.) Yet for all this insolencie, did the Swissers more moderatly vse - their popular libertie, than did in antient - time the Grecians or Italians, who oftentimes would needs have all bonds and - 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 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 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 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 - I say) or rather lewd madnesse, as to banish them that were more wise and - discreet than the rest for the mannaging of their affaires, as they did Damon, maister to Pericles: and - not onely wise and discreet, but euen the most iust and vertuous also; as was - Aristides in Athens, & Hermodorus at Ephesus: which what - thing is it else, than to go about to pluck vp vertue it selfe by the root? But - they were afraid least so great brightnesse of vertue in one great citisen - orWhy in popular commonweales they oftentimes bannished - the most wise and vertuous men. subiect▪ should so dazle the eyes and - minds of the rest of the common people, that forgetting their libertie, they - should chuse rather to live in subiection unto so wise and vertuous a man, than - to rule thēselues. Which thing they the more feared, if unto his vertues and - good parts were ioyned nobilitie, or power, or experience in great matters; who - with force ioyned thereunto, might from the citisens either with their will, or - against their will, extort their libertie. Whereas the nobilitie and better - sort, to the contrarie make no account or reckoning of the popular state: but - thinke it good reason, that he which hath the most nobilitie, wealth, vertue, - 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 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 - princes and nobilitie so much differ from the common and base people, it is a - thing impossible by any meanes to make them together equall: or being made in - honors and commaund, euen to reconcile thē among themselves, together with the - Commonweale: and so (as they say) with one and the same brewing to moderat two - so contrarie humors. Albeit that Solon vaunted, that if he had power to make lawes, he would make them - such as should be most indifferent, both for - the rich and the poore, the nobilitie and the base: which the nobilitie thought - Solon to meane of the equalitie in Geometricall - proportion; and the people of the proportion Arithmeticall: whereby it came to - passe, that both the states yeelding unto him, gaue him power for the making of - them lawes, and establishing of their Commonweale. But these things, as also - what commodities or inconueniences attempted vpon euerie Commonweale, shall in - their due places bee more at large declared: sufficeth it now with what - breuitie well might be, to have set downe the descriptions and kinds of all - Commonweales, as also what is to euerie one of them proper, straunge, or common - with others: and also who in euerie Commonweale hath the power of Soueraigne - maiestie. Now let vs prosecute euerie part and limme, as it were, of a Commonweale, which are tied unto the - soueraigntie of the state, as members unto the head; viz. the Senat, the magistrats, the officers, colleges, and - corporation▪ and that in such order as wee have here rehearsed them.

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Finis Lib. Secundi.

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- - - - THE THIRD BOOKE OF - - OR CONCERNING A COMMONWEALE. - -
- - - - CHAP. I. ¶ Of a Senat, or Councell of Estate, and the - power thereof. - -

- - A Senat is a lawfull assemblie of Councellors of - Estate, toThe definitio of a - Senat. giue aduise to them which have the soueraigntie in euerie - Commonweale. For so order requireth, that - 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 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 - eleuenth the French king; whome the emperour - Charles the fift doubted not in that to imitat: as - also of Caius Iulius Caesar among the Romans; who neuer - spoke any thing unto others, of the enterprises he had in hand: nor of his - iourneies, no not so much as of the day of battell; and yet performed great - matters, albeit that he were beset with many great and right puissant enemies: - and was therefore the more redoubted, for that his designes were so close and - couert, as that they were still executed before they enemy could perceiue them: - who still was by that meane ouertaken, and ere hee were aware surprised. - Besides that, the captaines and souldiors reposing themselves in the wisedome - of such a prince or generall, were alwaies in expectation, prest, and readie - euen in a moment, to performe whatsoeuer he should command, but with the - holding vp of his hand. No otherwise than the - members of a bodie well composed are alwaies readie to receiue & put into - execution whatsoeuer reason shal commaund them, although they be no whit - partakers of the concell thereof.

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Now many have (and that in mine opinion) without cause doubted, Whether it were - better for the Commonweale to have a most wise and vertuous prince to gouern - the same without councell; or a dull and vnfit man of himselfe for gouernment, - but well prouided of a graue and wise councell? And truely unto the wise - neither the one nor the other seemeth any thing worth. But if the prince be so - wise as they suppose, as that he greatly needeth not - of councell: yet the greatest point for his aduantage n matters of any consequence is, to keep his - designes and resolutions secret, which onceSecrecie in a - prince most needfull. laid open and so made knowne, serue no more but - as mines discouered; causing ofttimes the ruine and decay of most famous cities - and states. And therefore the wisest princes have still used to speake and - talke most of such things as they meant least. And as for an heauie headed and - foolish prince, how should he be well prouided of a graue and wise councell, - sith that the choice thereof dependeth of his owne will? and that in a prince - there is no greater signe of wisdome, than to know well how to make choice of - wise men, whose councell he may vse and follow.

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But forasmuch as the brightnesse and beautie of wisedome is so rare amongst - men,Whether it be lesse daungerous unto a Commonweale to - have a good prince assisted with counsel, or an euill - prince directed by good counsell. and that we must with all obedience - reuerence such princes as it shall please God to send vs; the fairest wish that they can make is, That they may have a graue - and wise councell. For it is not by much so dangerous to have an euill prince - and a good councell, as it is to have a good prince misseled by euill - councellours; as said the emperor Alexander. Wherefore - we say, that a prince ought to follow the good aduise and councell of his graue - and wise councellors, not onely in his more great and weightie affaires, but - euen in his meane and least matters also (albeit that in truth nothing can be - meane or little, which concerneth the Commonweale) For there is nothing - thatThe great benefit that a prince hath by following the - good aduise of his wise counsel, and the daungers to him ensuing by the - reiecting therof: giueth greater credit and authoritie unto the lawes - and commandements of a prince, a people, or state, or in any manner of - 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 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 - king of England his subiects) against the English gouernours, directly - contrarie unto the treatie of Bretignie: who for such appeales and complaints - unto the king, had used them euill. Vpon which occasion, whether of purpose - sought for, or by chaunce offered, the king tooke hold: but yet would not - 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 - wisedome to amend what had by himselfe not altogether so wisely bene done or - considered of. Which warre by that councell decreed, prospered in his hand, and - tooke good successe. But when the subiects see things done either without - councell, or contrarie to the will and decrees of the Senat or councell, then - they contemne them and set them at naught; or els fearfully and negligently do - the commaunds of their princes and magistrats: of which contempt of lawes and - magistrats, ensue the seditious and slaunderous speeches of the people; and so - at length most daungerous rebellion, or els open conspiracie against the prince, drawing after it the vtter subuersion of - 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 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 - vouchsafed not to rise unto the whole bodie of the Senat (consisting of about a - thousand Senators) comming at once unto him; too arrogantly and indeede too foolishly done; not that Caesar was by nature or disposition so prowd, but for that when he would have risen vp unto the Senate, he was - by Cornelius Balbus (his flattering claw-backe, and a - man of all other most inward with him) persuaded not so to doe. For which - selfesame cause, also the Romans had long before slaine their first king and - founder of their cittie, and driuen out their last king the prowd Tarquin: for that both of them contemning the Senate, did - all things on their owne heads and the latter of them seeking also quite to - suppresse the Senate, by putting of the Senatours to death: which thing was not - dangerous onely unto those princes which wee have now spoken of, but also unto - 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 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, - that great learning in princes is often times a thing no lesse dangerous than a - knife in a mad-mans hand, except he be by nature well giuen, and more - vertuously instructed and brought vp. Neither is there any thing more to be - feared, than great learning accompanied with iniustice, and armed with power. - There was neuer yet prince lesse learned (except in deedes of armes) than Traian, neither any of greater knowledge than Nero; and yet for all that, this man had neuer his peere - for crueltie, nor the other for bountie: the - one of them deadly hating the Senat, and the other in all things following the - aduice thereof. Seeing therefore that a Senat is a thing so profitable in a - Monarchy, and so necessarie in all Popular and Aristocraticall estates, as is - in man wit and reason, without which his body cannot long gouerne it selfe, or - have at all any being: let vs first speake of the qualities requisite in - Senatours or Counsellors; then what number they ought to be, and whether there - ought in a Commonweale to bee moe Counsells than one, and of what things they - are to counsell of: and last of all, what power is to be giuen unto the Senat - or Counsell in a Commonweale.

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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 - and place to them appointed. As for the time and place when and where they are - to meet, it is not much materiall, sith that the diuers occasions and - opportunities of occurrents doe oft times of themselves require, and as it were - point out the same. Yet is the decree of Lycurgus in the - mean time to be commended, forbidding any pourtraitures or pictures to be in - the place where the Senat shuld consult, for that the obiect of such things as - wee behold, often times distract the phantasie, and transport reason else - where, which ought wholy to be intentiue unto that which then is to be - consulted of. We said moreouer in the definition of a Senat, That they should - be Counsellors for the estate: to put a difference betwixt them and other - counsellours and magistrats of the Commonweale, who are oftentimes called to - giue their aduise unto the counsellours of - estate, yea and unto the prince himselfe, every one according to his qualitie - and vocation; and yet are not for all that counsellours for the estate, but - onely vpon occasion men extraordinarilie called. And as for the name and title - of Senatour, it signifieth a man well strucken in yeares: as also the Greeks - call the SenatWhereof a Senator tooke name: and that a - Senate ought to consist of men wel strucken in yeares. - - , which showeth well - that the Greeks and Latins composed their Senats of seniors or aged men, whom - our countrie men call Seigneurs, for the authoritie, reuerence, and dignitie, - which hath alwaies beene giuen unto the auntients, as unto the wiser sort, and - men of greatest experience: vpon that hope and opinion that they which were elder than the rest, should also in wisedome exceed - the rest. For so it is prouided for, in the - lawes of Charles the great; Nulli per - sacramentum fidelitas permittatur, nisi nobis & vnicui{que} proprio - seniori: Let credit be giuen to no man vpon his oath, but unto vs and - every proper elder: whereby he meant the manumised mens patrons, rather than - the Senators; as if honour and reuerence were due rather unto the elder, than - the yonger. Also by the custome of the Athenians, when the people were - assembled to giue their aduice, the huisher with a loud voice called all them - that were fiftie yeares old together, to consult of that which should be good - and profitable for the Commonweale. And not only the Greeks and Latins have - giuen this prerogatiue unto the aged, to giue counsell unto the Commonweale, - but also the Aegiptians, Persians, and - Haebrewes, who taught other people well and wisely to gouerne their estates. - And what more diuine order would we have than that of God? who when he would - establish a counsell unto the Israelits his people▪ - - Deut. Cap. 1. - - Assemble unto me (saith he) seauentie - of the most auntient of the people, wise men, and fearing God. For - albeit that a man might find a number of discreet, wise, and vertuous yong men, - experimented also in the affaires of the Commonweale (a thing for all that - right difficult,) yet so it is that it should yet be a thing right perilous to - compose of them a Senat (which were rather to be called an assemblie of yong - men) for that their counsell should not be receiued, either of the yong or of - the old: for that they of like age would esteeme themselves as wise as they, - and the other themselves much wiser than such yong counsellours. And in matters - of state (if in any thing in the world) opinion hath no lesse, yea and oftentimes more force than the trueth it selfe. The - common people thinketh, and that right well, yong men neuer, or else right - seldome to excell in wisedome: but they which are such, can neither gouerne the - people, nor chastice the offendours, or in the open assemblies of the people - persuade them unto that which is good and profitable. Neither is there any - thing in a Commonweale more dangerous, than the subiects to have an euill - opinion of the Counsell or magistrats which commaund ouer them: for then how - shall they obey them? and if they obey them not, what issue isYoungmen by Solon forbidden to be admitted into the Senat, - seemed they neuer o wise. thereof to be - expected. And therefore Solon forbad any yong man to be - admitted into the Senat seemed he neuer so wise; which the Graecians in their - owne language have better set downe than the Latins▪ . And Licurgus - before him, had composed his Senat of the - elder sort. And not without cause have the lawes giuen the prerogatiue of - 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 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 - by nature giuen them to reason with, so that in them their verie mind seemeth - 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 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; - meaning thereby to conclude, that a Commonweale can no more maintaine it selfe - without a Senat, than the bodie can it selfe without a soule, or a man himselfe - without reason: and that Senators should by long experience and practise be able and readie, to heare, consider, and resolue of the - greatest affaires of the Common weale. For - whatsoeuer things are notably done in warre, or peace, in making of lawes, in - appointing the orders and degrees of the subiects, in reforming the manners and - conditions of the people; and in briefe in the whole disposing of the Common - weal, are all nothing else but the execution of such things as are by a wise - counsell deuised and resolved vpon: which the Greeks for that cause called ,Politique wisedome euer to be ioyned with fait - and justice. as if nothing could be more sacred than good counsell, - and the Hebrewes , as - who should say, the most sure foundation of all things, whereupon all faire and - commenda ble actions are built, and without which all things fall, and are - turned vpside downe. When I say a wise counsell, my meaning is that politique - wisdome should bee euer ioyned with faith and justice: for it is no lesse, and - I know not whether more dangerous, to have a - Senat or Counsell consisting of euill and wicked men, how wise and expert - soeuer they be; than of the ignorant and foolish: for that these as they cannot - much profit, so can they not much hurt the Commonweal; whereas the other by - their mischieuous counsell to revenge themselves, make no question or doubt to - endanger or ouerthrow the whole state of the Commonweal, so that they onely may - stand safe in the middest of the ruines thereof, yea and many times contrarie - to their own conscience, stick not most earnestly to crosse their aduersaries - opinions▪ although most profitable to the Commonweal, turning their priuat - hatred unto the common destruction? albeit that they reap no other profit - thereby, then the triumph which they account themselves to have gotten of the - shame of them, whom they have in counsell - vanquished, drawing them of their owne faction as it were in a string after - them.

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An other sort of Senators there are also which are led neither with enuie, - hatred,A Senatour to too much - conceited of his owne opinion, a thing unto the Commonweale - dangerous. nor loue of any man, but with an obstinate conceit and - loue of their owne opinions, from which they will not by any reason or - perswasion suffer themselves to be remoued, and therefore come into the Senat - armed with such a force and multitude of arguments, as if they were euen there - to combat with their enemies; least that they should seeme to have erred in - their discourses, or lightly to have changed their opinions. And that worse is, - such strong conceited men, account it a great shame to them, to agree with any other man in opinion; but thinke - themselves to have most brauely acquited themselves, if as when men driue but - one naile with another, they also shall obtrude one opinion to another: than - which I cannot tell whether any thing can bee worse, being a thing no lesse to - be shunned, than a rocke in the deepe sea But as a wise maister in a wrought - sea, if he cannot by reason of the tempest in safetie put his ship into the - desired port, yeeldeth then unto the wind, and taketh in all his sailes, lest - otherwise carried away by force of tempest he suffer shipwracke: and so trieth - it out, vntill the sea be againe calmed, and more favourable winds arise: Euen - so the irremouable resolution of a Councellor, in consultations of matters of - state, was neuer of wise men commended; but alwaies deemed as a thing ioyned - not onely with a certaine obstinacie, but also arrogancie of mind: Whereas to - the contrarie, sometimes to change a mans - opinion, is not onely commendable, but also wholsome and profitable unto the - Commonweale: and according to the new occurrents of time, to apply also the - deuises of new councels: sometime with the agreeing voices, approuing the - opinion euen of the more ignorant and simple sort. And therefore Sir Thomas Moore in the Vtopian Commonweale by him deuised, - wisely set downe, That nothing should bee disputed or reasoned vpon, the same - day it was propounded, but to be still reserued unto the next assembly of the - Senat▪ to the end, that he which had rashly and vnaduisedly delivered his - opinion, should not afterward enforce himselfe to maintaine the same, rather - than to yeeld to reason. - -

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Wherefore it beseemeth a wise Senator, euen in the entrance of the Senat, to - layThe dutie of a wise Senator. downe all favour - towards his friends, all hatred towards his enemies, and all high conceite of - himselfe; ayming at no other end, but to the aduancement of the glorie of God, - and the welfare of the Commonweale. Wherein the manner of the Lacedemonians was - to be commended, who were so readie to defend whatsoeuer was once decreed for - the good of the Commonweale, as that they which had before impugned the same, - would now so conforme themselves for the establishing thereof, as that they - would themselves refell what they had before to the contrarie commended: and - all because it was not lawfull for them to dispute of the lawes once - established by the Senat: which manner of custome the Achaeans and Florentine - Commonweales, afterwards borrowed from the - Lacedemonians. And albeit that learning be alwaies necessarieLearning necessarie for a Senator, but vpright integritie more. for - a Senat or Councellor, especially the knowledge of antiquitie, and of the - estates of Commonweals: as also to be seene in the lawes of his owne country, - which he ought not to be altogether ignorant of, yet is a sound iudgement - ioyned with faith iustice, and integritie more necessarie: by meanes whereof he - may easily persuade any thing without much eloquence. But aboue all things a - Senator must beware that heeThat a Councellor of estate - ought not to be pensionar to another prince. suffer not himselfe to - be corrupted with the bountie of forren princes: neither bee beholden to any - forren lord or prince, for any thing that he holdeth of him, whether it be by - fealtie and homage, by mutuall obligation, or by pention, which hee receiueth: - which although it be a thing most daungerous in a Commonweale, and ought - therefore to be capitall: yet for all that - there is nothing than that more common in the Councell of princes. Except in - the citie of Venice, which hath a Senat so free from this kind of base - corruption, as that euen for that cause their priests (bee they neuer so free - or nobly borne) out from comming into the Councell of state; for that they are - thought to be sworne to doe nothing against the commoditie or profit of the - bishop of Rome. Whereupon it is, that commonly the citisens before the giuing - of their voyces, crie out alowd Out of doores with the - priests. - - For a i Preti. And namely they banished Hermolaus Barbarus their ambassadour unto the pope; as - 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 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 - vicechauncellor, by no oath bound unto the bishop of Rome. As for pentions - giuen by straungers unto the minions or ambassadors of other princes, it is a - thing so ordinarie, as that it is growne into a verie custome. Yea Mounsier Cotignac the French ambassadour into Turkie, was so bold - as to presume to marrie a Greeke gentlewoman, without making of the king at all - acquainted therewith. And not long after, another also at the instigation of - Mhemet Bassa, and the duke of Naxo, would likewise - have married the prince of Valachia his - sister: which poore prince for refusing to giue his consent thereunto, which he - for feare had before graunted, was by the Bassa thrust out of his estate, and - Stephen Bathor (who now gouerneth the kingdome of - Polonia) placed in his stead. All which, with other such like enterprises, are - dangerous in an estate, and therefore in a well ordered Commonweale, in no wise - to be suffered. And these unto me seeme to be the chiefe qualities and - ornaments of a good Councellour of Estate.

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But beside these, in many Commonweales nobilitie of birth is alwaies in a - Senator required; as at Venice, Rhaguse, and Nuremberg: and amongst the - Polonians it was by Sigismundus - Augustus, in the yeare 1550 by law prouided, That no man should - - - Nobility of birth and also wealth to be in a Senator - required. be chosen a Senator, except he were nobly descended, by the - fathers side at least, & had also borne armes. In other places choyce was - made of them by their wealth, as at Genes, and in auntient time in Atheus by - the lawes of Solon: and so almost in all other auntient - Commonweales. And namely Augustus the emperour, would - not that a Roman Senator of his time should be lesse worth than thirtie - thousand crownes, supplying of his owne bountie what the wise Senators being - poorer wanted: not that it was so necessarie unto their Councell, but that so - they might have wherewith to maintaine their estate, aunswerable unto their - calling: as also least the rest proud of their wealth, should contemne the - other which were poorer, as commonly it falleth out in the Aristocratique - 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 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 - the ouerthrow of Marius 90 Senators were slaine; Sylla created Dictator, to supply the order of the - Senators, which he favoured, created twentie Quaestors, and Caesar fortie, who at the same time should be made Senators, with - power also to giue voyces, which before was not lawfull, vntill they had by the - Censors bene nominated and registred. Which indeed is a laudable custome, and - in many well ordered Commonweals at this - present observed. As in Polonia none is receiued to be a Senator, which is not - a Palatine, a Bishop, a Castellan, or Captaine; or else before hath beene - imployed in some honourable ambassage, or bene generall of an armie. Neither - hath any man place in the Great Turkes Diuano or Councell, but the foure Visier - Bassaes, the two Cadilisquiers or Chauncellors, and the twelue Beglerbegs, - gouernours of great prouinces.

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But whereas we have before said, that Senators are to be chosen out of such as - have before borne some honourable place or office in the Commonweale: that - concerneth not them which shamefully buy their offices, neither the Commonweale - wherein honours and offices are bought for money: for those vertues which we - said to bee required in a Senator; namely - iustice, faith, integritie, wisedome, experience, and knowledge in the lawes - both of God and man, are things so sacred and diuine, as that they cannot for - any reward or money be bought. Now that a Senator should by the Senat be - examined or tried, is a new and vnwonted thing: as men whome either the - Censors, or the other offices and honours by them before obtained, had - sufficiently alreadie tried. Yet in the time of the Gothes, the Commonweale - being by them chaunged, we read it to have bene done: For so aith Theodoricus, with Cassiodore, Admittendos in Senatum examinare cogit solicitus - honor Senatus, The carefull care we have of the honour of the Senat, - causeth vs to examine such as are to be admitted into the Senat.

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As for the number of Senators it cannot be great, considering the perfection - requisit - - The number of Senators commonly oe - in an Aristocratique or popular Com monweale, than in a Monarchie. in - a Counselour of estate. True it is, that in popular and aristocratique - Commonweales, to auoid seditions, and to feede the enraged famine of the - ambitious, which have part in the soueraignetie: they are oft times enforced to - augment the number of the Senatours; as in Athens by Solons law, they by lot every yeare made choice of foure hundred - Senatours; whereunto it pleased them afterwardes to adde another hundred, that - so fifty might by lot yearely bee drawne out of every one of the ten tribes: - unto whom they ioyned also another hundred, to make vp the full number of 600. - After that they had unto the ten tribes ioyned two others, namely the tribes of - - - Antigonus and Demetrius, albeit - that in the time of Pericles, there were not in the - citie aboue 13 thousand citisens, and 20 - thousand in the time of Demonsthenes. For which cause - (as I have said) Plato in his popular Commonweale: by - him set downe, appointeth the Senate to consist of an hundred threescore and - eight of the better and wiser sort, which was the thirtith part of 5040 - citisens the full number of them, of whom he would have his Commonweale to - stand. And in like case, Romulus tooke the thirtith part - of his subiects to make the first Roman Senate of, choosing out of 3000, (the - whole number that then was of the citisens) an hundred, and them also by him - chosen not by lot, but by discretion, euen of the nobler sort of his people: - viz. such as whose auncestours had neuer serued as Slaves. But afterward, the - Sabins being according to the league receiued into the citie, hee added unto - the former number another hundred; unto whom, - after the kings driuen out, Brutus also put to an - 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 - 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 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 - also absent. And after that, Caesar to have moe beholden unto him, and for the better establishing - of his owne gouernement, augmented the number of the Senatours unto a thousand, - chusing into that honourable order, not onely citisens of all sorts, but euen - Frenchmen and other strangers also, namely Lu. Licinius - the Barber, as saieth Acron. But Augustus (after the Commonweale againe pacified) seeing the danger of - so great a number of Senatours, brought them to the number of sixe hundred, - with purpose to have brought them also to the antient number of three hundred, - which was not much more then the ten thousand part of the whole number of the - citisens, being then almost infinite.

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Wherefore the number of Senatours is not to bee appointed, according to the - - - Of whom it is fittest to make choice for Senators in an - Aristocratique or popular Commonweale. multitude of the people, - neither to serue the ambitious desire of the ignorant; and much lesse for the - drawing of money from them, but onely for the respect of the vertue and - wisedome of them which have deserued the place; or if it be not possible - otherwise to satisfie the ambition of them, which have part and interest in the - estate of popular and aristocratique Commonweales, but that of necessitie the - gate of the Senate must bee opened unto the multitude, that it be yet so - ordered, that none should therein have deliberatiue voices, but such as had - borne the greatest offices▪ and charges in the state: as in the Cretensian - popular Commonweale, all the citisens had free accesse and enterance into the - Senate, and there might franke and freely deliver their opinions, but not with - authoritie to determine any thing, that power being still reserued unto them - 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 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 - troubling of the state, if they which have the power to determine and resolue - vpon matters, shall in opinion differ from them which have but voices - consultatiue; which indeede are accounted as nothing: for preuenting of which - dangers, both the one and the other, the antient Greekes in their Commonweales - still created a counsell apart, of the grauest and - wisest of their Senators (whom they called - and ) to consult of the more - secret and vrgent matters of state; as also by themselves to dispose of the - greatest affaires of the Commonweale, and to consider what thing were to be - consulted of in the open Senat, or publikely to be propounded unto the people. - Besides that, what an hard matter it was of such a multitude of Senatours, to - assemble so many as were requisite, and to make them to agree when they were - assembled; the estate in the meane time standing in danger & the - oportunitie for the well mannaging of matters passing. The Senators office - amongst the Romans was most glorious and full of honour; and yet could Augustus the emperour neuer bring to passe, that the - Senators should be present at the ordinarie Senat, which was holden the calends - or ides of euerie moneth at the farthest; albeit that he set great fines vpon them that were absent, and gaue not their - assistance: which grew so heauie vpon the offendors, as that he was glad to - take of them so offending euerie fift man by lot. And Ruscius - Caepio the rather to inuite them to that their dutie, by his last will - and testament left a certaine summe of money to them that came into the Senat. - For it was requisit that there should be fiftie Senators at the least for the - making of any decree, and oftentimes an hundred, or two hundred, yea and - sometimes foure hundred, which was two third parts of six Senators; as in - corporations and colledges the manner is. Howbeit Augustus the emperour at length taking away the necessitie of so great - a number, appointed two hundred to be sufficient, beeing two thirds of three - hundred; which was the lawfull number of the Senators appointed by - - Brutus. Moreouer the Senat was not ordinarily assembled - but three times a moneth; and if it pleased not the Consull (without whose - 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, 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, 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 - of the Areopagi, consisting of threescore of the wisest and grauest sort of the - citisens, men without reproach, who by all the degrees of honour were risen to - 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 - 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 - decay. Wee find also, that the Aetolians, beside their great Councell, which - they called Panaetolium, had also their priuie Councell - chosen of the grauest and wisest men amongst them; of whome Liuie speaking, saith, Sanctius est apud Aetolos - consilium eorum quos apocloets appellant, There is among the Aetolians - a more sacred (or priuie) Councel, of them whom they call apocletos: and immediatly after, Arcanum hoc gentis Consilium, This is the secret* Select counselours. Councell of the nation: Whereas - before he had said, Legibus Aetolorum cauebatur, ne de pace - belloue, nisi in Panaetolio & Pilaico Consilio ageretur, It was - prouided by the lawes of the Aetolians, that nothing should be entreated of - concerning peace or warre, but in their Panaetolio, or Pilaican Councell. Wee - read also, that the popular Commonweale of the Carthaginensians, beside their - Senat of foure hundred Senators, had also a particular or priuie Councell of - thirtie Senators, men of greatest experienceThe counsel the Carthaginensians. in their publike affaires - and matters of state: Of whome Liuie thus saith, - - Carthaginenses xxx legatos seniorum principes adpacem - petendam mittunt: id erat sanctius - - - - apudeos Consilium, maximaque ad Senatum regendum vis, - The Carthaginensians (saith he) send thirtie ambassadors, the princes of their - elders to sue for peace: and that was the more sacred Councell with them, and - 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 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, - nothing was done or agreed vpon in the Senat, - which still was not by one or other of so great a number reuealed. For which - cause the Senators themselves sometimes were constrained to become clarkes and - secretaries in the secret affaires of the state, and to take of euerie man an - 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 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 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 - of state, but onely to have their aduise concerning such things as were to be - afterward propounded in the open assemblie of the Senat. Immediatly after whose - death, Tiberius the emperour requested of the Senat, to - have twentie Senators appointed him, with whome he might (as he would have them - to beleeue) consult of such things as the Senat was further to bee moued of. - Whose example the wiser sort of the emperours afterwards followed; namely Galba, Traian, Adrian, Marcus Aurelius, and Alexander Seuerus: of whome Lampridius speaking, He neuer (saith he) made decree without the - aduise of twentie lawyers, and diuers other of the Senators, (men of great - euidently and understanding in matters of state) euen to the number of fiftie, to the end there might be no fewer - than were necessarie for the making of a decree of the Senat. Whereby it - euidently appeareth, that in that priuat Councell of fiftie Senators, with the - prince, were the greatest matters dispatched; and that it was not onely to - consult of that which was to be in the Senat propounded, but euen to resolue - and determine of the most secret and important affaires of the state, and so by - little and little to draw them from the Senat, unto the more priuat councel of - the prince. By which meanes was also prouided for another difficultie - (otherwise in a Monarchie ineuitable) which is the multitude of Senators, which - could not still follow the prince; unto whome for all that his councell ought - to bee alwaies assistant, especially in a - Monarchie, where the prince is to visit diuers his prouinces: or is himselfe in - 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 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 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 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 - alwaies to see them, and to obserue their proceedings and doings.

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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 - 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 - narrow bounds shut vp) there were but twentie persons which had the - soueraigntie, who in that state serued for the nobilitie, the Senat, and priuie - Councell. And yet neuerthelesse in the Lacedemonian Commonweale alwaies both - before and after the conquest of Greece, there were but thirtie lords, both for - the state and the Senat: and yet out of this number of thirtie, they made - choice but of twelue for the mannaging of the secret affaires of their state, - as we read in Xenophon: establishing the same forme of - gouernment in Athens also, where they deputed thirtie lords for the gouernment - of that state, as they did in all the rest of the cities of Greece, except some - little ones, ouer whome Lysander placed ten chiefe men, without any other Senat or priuie - Councell. And the reason was, for that they had resolved to chaunge all the - popular states of Greece, into Aristocraties; which they could not have done in - the lesser townes, if they should in them have erected a seignorie, a Senat, - and a priuie Councell. But for the present there is almost no Commonweale, be - it Popular or Aristocratique, which hath not a Senat and particular or priuat - Councell: yea and oftentimes beside both them, a Triumuirat of some few, for - the mannaging of the more secret affaires of state, and that especially in a - Monarchy. For so Augustus the emperour (albeit that he - surpassed all the rest that came after him, both in wisdome, and happinesse) - beside the Senat, which he had filled with 600 Senators, - - Maecenas and Agrippa▪ the onely men with whom Augustus the - emperour resolved of his greatest affaires. and the priuat councell - of twentie select men, had also another neerer and more inward councell of Maecenas and Agrippa, with whome - he resolved of his highest affaires, calling unto him none but them two after - the victorie of Actium▪ to resoluè with, Whether he should still hold, or - 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 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 - the princes priuitie. We see in like case, that the court of the parliament of - Paris,Diuers counsels at diuers times erected in France - for matters of state. was the auntient Senat of the realme of - Fraunce: but when it tooke pleasure in deciding of civill controversies, nor - could not well bee remoued from the citie; the - kings appointed another councell, which for that it handled matters of greatest - importance, in the time of Charles the seuenth, was - 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, 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 - - being dead, Henrie his sonne - got another councell also: which for that it consisted of few, was called the narrow or strait Councell. But at - last, when that Familiar or priuat Councell, was thought to exceed also with - the multitude of Councellors, Henrie the third, the - sonne of Henrie ordained another Councell, which for - that it was only to consult of matters concerning the state of the Commonweale, - and not of suits and controversies, was called the Councell for the State. - Beside these, it was thought meet that there should also be a more secret or - chamber Councell, wherein the king rising from his bed, should confirme or - reiect such things as were by the Councell decreed: there are princes letters - opened, ambassadors reported, and messages delivered. There is also apart - another Councell of the Finances instituted by Henrie - the second, and by little and little taken from - the auditors, wherein are assistant the intendants and secretaries of estate of - the Finances, and the treasuror for the common treasure. Beside all which - princes have alwaies had a more strait Councel, of two or three of their most - inward and faithfull friends; who so highly stand in the princes favour, not so - much for their youth or person, as for their wisedome and vertue. As for the - chamber Councell whereof we spoke, it consisteth but of a few, and albeit that - by the decree of Charles the ninth, made in Nouember, in - the yere 1563, it is in the first article expressed, that so soone as the king - was vp, all the princes and the councell might come into the chamber, yet was - not that his decree therein observed or kept.

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Which pluralitie and diuersitie of Councels in the kingdome of Fraunce, ought - - - Seauen counsels in Spaine. not to seeme straunge, - seeing that in Spaine there be seuen, beside the strict and inward Councell, - which are alwaies in diuers chambers neere unto the king, and yet within the - compasse of the same house or lodging; to the intent, that the king going from - one of them to the other, may the better be enformed of his affaires: as namely - the councell of Spaine, the councell of the Indies, the councell of Italie, and - the councell of the Low countries, the councell for the warres, the councell - for the order of Saint Iohn, and the Inquisition. Now if - any man there be, that thinke the greatnesse of that kingdome (than which neuer - yet was any greater) to require so many councels: I denie it not, but yet so he - may see also in Venice, which hath no verie great territory, foure councels, - beside the Senat and Great Councell: viz. the councell - of the Sages for matters at sea, the councell of the Sages for matters at land, - the councel of the Decemuiri, or ten men, - - Diuers counsels in Venice. and the councell of the - Septemuiri, or seuen men; where the duke maketh the seuenth man, which they cal - the Seignorie, when it is ioyned with the councell of the ten men, and the - three presidents of the fortie, beside the Senat of sixtie; which with the - 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 - 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 - 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. - The Great Councell of Berne consisteth of two hundred Senators; and the little - of twentie six: At Lucerne of an hundred, and the little of twentie eight: At - Saint Gal also the Great Councell is of sixtie six, and the little of twentie - foure: At Coire the Senat is of thirtie, and the priuie councell of fifteene. And without going so farre, it is well knowne, that - the state of - - 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 - 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 - Bourgomasters, and two other chiefe men of their colleges, whom they call - Zunfft maisters. And in like case at Berne the two Auoyers, and foure ensigne - bearers, have the ordering of all the secret businesse of their state; as hath - the priuie councell in a Monarchie. And namely in the diets and assemblies of - the thirteene cantons, there is none but the priuie councell of the ambassadours, which make their decrees, and direct - their commissions, concerning their common affaires: I say then that it is a - thing most profitable in euerie CommonA priuie counsell - besids the Senat necessarie in euerie Commonweale. weale, to have at - the least one priuie councell beside the Senat, sith that the auntient rulers - of both the Greekes and Latines have so taught vs, reason so shewed vs, and - experience therein confirmed vs.

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But there is a notable difference betwixt the Senat of a popular or - AristocratiqueThe manner of consultation in the Senat of - a popular or Aristocratique estate, and in the Senat of a Monarchie much - different. Commonweal, and the Senat of a Monarchie: for in them the - diuises and consultations are had in the secret or priuie counsell; but the - resolutions and decrees are all made in the great Counsell, or in the assemblie - of the States, or of the people, if the matter be such as is to be unto them - published: whereas in a Monarchie the manner - of proceeding is quite contrarie, wherein nothing is communicated or imparted - to the people, or the nobilitie, but such things as seeme unto the Senat - doubtfull, or being of greater importance, are still referred unto the priuie - Counsell; and if the matter concerne the soueraigntie, it is reserued unto the - iudgement of the soueraigne prince onely. And albeit that the Senat or Counsell - in a Monarchie seeme to do all the rest of it selfe, yet still we see all to - depend of the princes commaund. And this which we have said concerning the - manner of consultation, is almost no where better put in practise thenThe manner of the proceding in their consultations in matters - 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 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 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 - disputed, debated, and discided by the people.

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Now all this differing of resoluing and determining, proceedeth from the - diuersitie of the soueraigntie, and of them - which have the mannaging of the gouernment: for what the Senat decreeth in an - Aristocratique, or popular Commonweal, that the nobilitie, or people ratifieth - and commaundeth if the matter so require: contrarie to that we see to be done - in a Monarchie, where the wiser the prince thinketh himselfe, the lesse he - vseth the counsell of the Senat: (albeit that he oft times aske the aduise - thereof, to make his doings the more acceptable, or for the easing of himselfe, - committeth unto them commissions for extraordinarie justice, or the iudgement - of inextricable matters and causes of appeales) especially if the Senat be so - great as that the prince by publishing of his secrets - to so many persons, shall not come to the point of his designes. By - - The policie of the Romain emperours to drawe the Senat from - matters of state by busiyng it with other extraordinarie causes. this - meane Tiberius the Emperour sought to kepe the Senat - busied in disciding of great and extraordinarie causes, to make it by little - and little to forget the understanding of matters of state. And after him Nero likewise ordeyned that the Senat should have the - hearing of Appeales which before were made unto himselfe, and that the fine for - the offence set downe by the Senat should be as great, as if he had heard the - cause himselfe; By this meane making of a Senat an ordinarie court and - iurisdiction of Iudges: who in the time of freedome of that popular Commonweal - neuer used to judge, except ordinarilie in conspiracies, and other such like - great offences against the state: or that the people which had the hearing of - many causes, had committed the understanding thereof unto the Senat. For which - cause Cicero accusing Verres - saith in this sort, Quo - confugient socij? quem implorabunt? ad Senatum deuenient, qui de Verre - supplicium sumat? non est vsitatum, non est Senatorium: Whither shall - our friends and allies flie? whom shall they aske help of? shall they come unto - the Senat, to take punishment of Verres? it is no thing in vse, it appertaineth - not unto the Senat. Wherein many deceiue themselves, which think that the Senat - judged, when they saw that the Senatours were drawne by lot to judge of publike - and criminall causes, sometimes by themselves, sometime with the knights, by - the law Liuia, and afterwards with the knights and the Treasurours, by the law - Aurelia: for there is great difference betwixt the bodie of the Senat, and the - Senatours taken in the qualitie of judges, and betwixt the priuie Counsell, and - the counsellours thereof comming into the soueraigne courts to judge. For before Nero the Senat - neuer had so much as ordinarie iurisdiction orThe Senators - of Rome as Senators no iudges, but when they were thereunto extraordinarilie - by commission appoynted. power to judge of any matter; And namely Augustus would not that the Senat should trouble it - selfe, with the judging of the honour, or of the life of Senatours, albeit that - he were thereunto importuned by his friend Moecenas. And - albeit that Tyberius the emperour often times sent unto - them such causes, yet was it but extraordinarie and by way of commission; which - Adrian the emperour afterward caused to passe into - the forme of an ordinarie iurisdiction. We see in like case that Philip the faire, or as some others say Philip the long, to discharge himselfe of the Court of parlament, and - easilie to take from it the dealing with the affaires of state, made it an - ordinarie Court, giuing it iurisdiction, and a fitting place in Paris: which - Court was in auntient time the Senate of - Fraunce, and yet at this day calleth it selfe the Court of Peeres, erected by - Lewes the yong, (according to the truer opinion) to - giue counsell unto the king; as we may see by the creation of Countie D' Mascon for a Peer, by king Charles the fit, in the yeare 1359, where it - is said that the king of Fraunce ordained the twelue Peers, to giue them their - counsell and aide, and tearmed it selfe, as yet it doth at this present, (by - way of prerogatiue of honour) the Court of parlament (without any other - addition)The court of Paris sometime the auntient Senat - of Fraunce by the king forbidden to deale with matters of state. as - it is to be seene in the letters which it wrote unto the king: whereas the - other Courts of later time established, vse their particular additions; As, The Parlament of Tholouse, of Roan, of Burdeaux, of Dion, of - Gratianople, and Aquasexia. But in the - 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 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 - protectors of the realme, or keepers of his towne of Paris: and therefore - commaunded such lawes and edicts as hee had appointed to be proclaimed in the - 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 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 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 - thereunto seeme vnreasonable or vniust. Wherewith the king displeased, caused - his priuie Counsell to be called, and by the authoritie thereof a decree to bee - made the xxiiij. of September, whereby the parlament of Paris was forbidden - once to call in question the lawes or decrees - proceeding from the king concerning matters of state: which was also before by - king Francis decreed in the yeare 1528. In like case the - great Counsell which was not almost employed but in affaires of state, in the - raigne of Charles the seauenth, and Charles the eight, was by little and little so filled with sutes, that - 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 - 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 - hearing of priuat and particular causes counsell, and ordinarily the - appeales of the Prouost of the houshold. We se also the priuie Counsell it - 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, 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 - many. of the state secret: or to know in such a multitude who it is - that discouereth the same, nor to cast them out who are holden for suspect: - Except by vsing the custome of the auntient Athenians, by vertue whereof the - Senatours by a secret iudgement which they - called might with all - libertie, and without displeasure condemne the blabbing Senator, or him that - had defiled the honour of his estate. As in like case the Roman Censors without - forme or fashion of processe, had accustomed to remoue the vnworthie Senators, - and by that meanes to exclude them out of the Senat; except they would put - themselves vpon their triall before the judges which were aboue the Censors, or - that the people had giuen some new office, or honorable charge to him that was - so remoued by the Censors, or condemned by the judges. But the Romans were much - to blame, both for too easie receiuing and remouing of the Senatours, and that - in too great number: For Fabius Buteo made Dictator to - supply the defect of the Senat, at one time receiued in an 177 Senatours. - Whereas Lentulus and Gellius - Censors at one dash remoued 64. Howbeit, it were more seemly and agreeing - with the dignitie and honour of a Senat to - receiue into it few, and them also chosen and culled out as pearles; than to - exalt unto so high degree of honour men worthieSenator or coun selours of estate not easily to be admitted - nor without greate cause to be againe displaced. The auntient counsel of - England in number fewe. and vnworthie, and afterwards to cast them - downe againe with eternall infamie and dishonour, unto whom they had before - giuen their helping hands: Besides that it cannot alwaies be done without - danger and sedition, or the dishonour of him that ruleth. It is foure hundred - yeare since that the Priuie Counsell of England, at the instance and ute of the Archbishop of Canterburie (then Chauncelour) - established, there were there into but fifteene persons then chosen; neither - hath it euer since passed the number of twentie; and - yet by meanes of that little Counsell they have retained their state most faire and florishing in times both of peace and - warre, as is by their histories to be seene; and by the treatie of peace made - betwixt Lewes the ix, and Henry - the first, king of England; which for the more assurance thereof was sworne by - the Prince and the xvij priuie Counsellors: viz. one - Archbishop, one Chauncelor, one Bishop, six Earls, and six other Lords, with - the great Treasurour, and a magistrat whom they call chiefe Iustice of England. - Now I doubt not but that in every Commonweale, many by vaine ambition, favour, - impudency, or corrupt briberie, in sort euen against the Prince and peoples - will find meanes to enter into the sacred Senat; against which inconuenience - remedie might be well prouided, if we would but vse Solons law. For he would have none to bee admitted into the Senat of - the Areopagits, but such as had without touch, - by all the degrees of honour ascended unto the highest places and preferments - of the Commonweale: for so he deemed him to be well able to hold a place in the - Senat without staggering or falling, that could hold himselfe vpright in such - 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 used - 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 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 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.

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And thus much concerning the number of Councellors of estate: let vs now also - breefly speake of them that are to propound matters in the Senat; and then of - suchWho they be that ought to propound matters in the - Senat or counsel. things as are there also to bee propounded. As - touching the first, men of auntient time have alwaies had great regard unto the - qualitie of them which were to propound any - thing in the Senat. For we see that to have bene the proper charge of the - greatest magistrats in Rome, whome for that cause they called Consuls: or in - their absence the greatest magistrat that was in Rome (to wit, the Praetor of - the citie) supplied the place of the Consull: receiuing the particular requests - both of the citisens and straungers, of ambassadours from forren princes, and - allies letters from the gouernours of their prouinces: which letters he read in - the Senat, asked euerie mans opinion, commaunded the decrees of the Senat to be - written, & also dismissed the Senat. Amongst the Grecians the greatest - Praetor executed the same office▪ who among the Athenians was called ; & the rest as they - were created in some places - - - - , who bare almost the - same office that do the prouiditors in the cōmonwealth of Rhaguse, & the - sages in the state of Venice: howbeit that there the three Auogadors ordinarily - propounded unto the senat, that wherof it is to consult. In the councel of the - Greeks the president caused to be cried aloud by a sergeant, That if there were - any person that had any thing to say concerning the good of the state, he - should speake: which Titus Liuius speaking of the - Achaeans affirmeth generally of all the Greeks. But as forA - notable custome of the Aetolians in propounding of matters in their - Senat. the Aetolians, their custome was most notable, worthy to be of - all men regarded, being highly commended and approued by Philipemen generall of the Achaean league; which was, that the - presiden, or hee which in full councell propounded - any thing which seemed unto himselfe good, should - therein have no voice himselfe. A great meanes - to take away the practises and couert traines, which are commonly made in - Popular and Aristocratique estates, where the busiest heads easily draw others - to their opinions. Howbeit I cannot commend the fashion and custome of them of - Genes,The custome of Genes discommended. where - none but the duke alone hath power to propound in the Senat that which pleaseth - himselfe. For beside the difficultie of speaking with the duke on euerie side - beset, and troubled with infinit affaires, and to lay before his eyes a - thousand diuers reasons for the debating of the matter in the councell: it is - also daungerous to giue so great authoritie to one person, that he may open or - keepe secret to or from the Senat, whatsoeuer himselfe pleaseth; it being not - lawfull for any man to propound any matter but himselfe. It is also much - perilous one citisen, who first delivereth his opinion to be of such authoritie and power, as that the rest which are - to speake after him, dare not freely say what indeed they thinke. And that is - it for which it is wisely prouided in the realmThe laudable - custome for the propounding of matters used in Fraunce. of Fraunce, - that it is permitted to all them which have accesse into the councell (although - they therin have neither deliberatiue voice nor place) euerie man to propound - his owne requests, & to aduertise the councell of that which is profitable - for the Commonweale; to the end it may be the better prouided for. And - oftentimes their opinion is also thereof demanded, and then afterward the - aduise of the councellors of the estate, which in councell have place and - deliberatiue voice, in such sort and order, as that the great lords deliver - their opinions last; to the end, that the libertie of the lesser should not be - impaired by the authoritie of the greater princes or magistrats, and especially - by the power of ambitious and factious men, - who cannot in any case abide to be contradicted. In which course they which - have onely voyces consultatiue, make way for them which have voyces - deliberatiue: and oftentimes broach unto the councell good and lively reasons: - and where they in any thing erre, they are without ie lousie againe by the - others brought into the right. Which is a custome much more commendable than - that of the Romans, where the Consull first demaunded the opinion of the chiefe - man in the Senat, or els of him that was appointed Consull for the yeare - following. And yet neuerthelesse the contrarie was used before the people: for - first the particular men delivered their opinions, and after them the lesser - magistrats, and last of all the greatest, to - the intent that the libertie of the lesser should not be preuented by the - authoritie of the greater. Ioyne hereunto also, that the ambition to speake - first doth oftentimes draw after it the enuie of some, and the ielousie of - others. So wee see the cruell emperours to discharge vpon the Senat, the - discontentment that the people had of their cruelties, caused such things as - they would have done to bee propounded or red in the Senat: which to gainesay - or seeme to dislike of was death. Which was not to demaund the aduise of the - Senat, but indeed most imperiously to command the same. Where of an auntient - Senator complaining saith, Vidimus curtam elinguem, in - - * Plinius iunior in pangirico. - - - - qua dicere quod velles periculosum: quod nolles miserum - esset, We have seene (saith hee) the court dombe, wherin to speake that - thou wouldest was daungerous; and to say that thou wouldest not, was a thing - right miserable: For that the emperor Dometian, (vnus - - - - solus censebat quod omnes sequerentur) alone decreed - what all men should follow: and commendeth Traian (quod eo - rogante, sententias libere dicere liceret, vinceretque sententia non prima, - sed melior) for that he propounding of matters, euerie man might freely - speake his mind: and that opinion preuailed not which was first, but best. By - the custome of the auntient Hebrewes, the king refrained from comming into the - Senat, least any should bee contrarie unto him, or hee to any; for so they writ - in their Commentaries.

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It were also to be wished, that the Councell should sit in the morning yet - fasting, for that is not to be holden for a councell - well disgested, which is done after dinner, as - - The fiittest time for counselours to sit in councell - saith Philip de Commines, and especially in countries - where the people are subiect unto wine. Salomon - detesteth those princes, who when they ought in the morning to feed their mind - with religious contemplation of high and diuine matters, doe with full feeding - pamper the inordinat desire of their languishing & broken lust, & with - new nourishment kindle the fire of new desires: Which he in three words - declareth, Wo (saith he) unto princes - which cate early. Which is a thing so much the more to be detested, by - how much many thinke it to be the greatest brauerie, to bee well whitled with - wine. For what can be more beastly than was the old maner of the Germans, who - neuer used to consult of their greatest affaires but in middest of their cups - persuaded so that every one of them warme with wine, should discouer the verie - secret of his hart, and to be the more - eloquent to persuade what they thought to bee most expedient. Which custome - they have now well changed, insomuch that euen their priuat and domesticall - contracts made when they are in drink, are to none effect or purpose, it being - alone aWhat things are in the Senat or councell of the state - to be cheifly consulted of. sufficient cause for the iudge to reuoke - them being so made. Now as concerning such things as are to be consulted of in - the Senat, they depend of such occasions & affairs, as in course of time - present themselves. The antient Romans first consulted of matters concerning - their religion, as the marke and end wherat all humane actions ought both to - begin and end. There was neuer also, saith Polybius (he - himselfe being an Atheist) a people more deuout than this: adioining therunto - moreouer, That by meanes of religion they had established unto themselves the - greatest monarchy in the world. Then after - matters of religion, and worship of the immortall gods, are to be entreated of - the greatest and most vrgent affaires of state, and most concerning the - Commonweale, as the making of peace or war: in both which, long delay is no - lesse dangerous, than is tooA good rule by the auntient well - observed in all their consultations for matters of state. hastie - resolution. In which case, as in all things doubtful, the antients had a rule - which suffered no great exception, which was, That we ought not to do, neither - to councell any thing to be done, wherof we doubt whether it be iust or iniust, - profitable or hurtfull; or if the harme that may ensue bee greater than the - profit that may come of the enterprise that is to be taken in hand: but if the - harme be euident, & the profit doubtful, or contrariwise, there is then no - deliberation to be had or doubt made which to chuse. But the doubt is greater, when as that which we are to - consult of, hath in show moe & greater profits, if we can bring it to good - effect, than it hath hurt if wee faile therein. Howbeit the more wholsome - opinion of the antients is to bee preferred, viz. That - when question is of matters of estate, things doubtfull, or subiect to the - change of fortune,Things doubtful or subiect to fortune, in - consultation of matters of state not to be at al embrased. are not at - al to be embraced. And therfore the subtiller sort, cause thē that be more - simple, to propound and persuade in councell such things as seeme unto - themselves doubtfull; to the intent that so the blame may rest vpon them, if - things fall out euill: & yet the honor redound unto themselves if it fall - out wel. Howbeit nothing ought to beNothing ought of right - to be praised by the euents. thought commendable and well done, which - dependeth of the euent. For it behoueth vs by most certaine arguments and - reasons to show wherfore this or that is to be done, and not by the euent: yea it behoueth a wise man rather to - feare vnfortunat euents, than to presume of happie successe. And therfore a - wise councellor neuer resteth himselfe vpon the chances of fawning fortune, or - vpon aduentures, but still forceth himselfe by good and wise discourse to - gather the true effects of precedent causes: albeit that hee oft times see, the - most aduenturous and rash, to be the most happie & fortunat in their - attempts. And therefore the antient diuines (who couered wisedome in fables) - doubted not to exclude that goddesse whom they called Fortune, out of the - coūcell of the gods; least that which should be sought for by wisedome, should - seeme to have bene obtained by the rashnesse of fickle fortune. And yet for all - that wee see nothing to be more cōmended or blamed, - than the good or euil end of mens actions: and - so wisdome measured by the foot of fortune. But if the law condemne the - souldior that ighteth with the enemie without the - commaundement of his captaine, although hee carrie away the victorie; how much - more dangerous ought it to be, to put the hope of councels, & state of the - Commonweal in the vncertaine hope of fortune? Besides that, such continuall - aduentures do oftentimes draw after them the ruine of aduenturous princes. And - therefore to auoid that nothing should be rashly or vnaduisedly decreed in the - councel, I like well the aduise of sir Thomas Moore, To - propound the day before what was in the Senat to be resolved on the day - following; to the end that such deliberations might the better be disgested: - prouided for al that, That question be not of the particular interest of any of - them which have voice in the councell: for in that case it is much better to resolue vpon the matter the same day, & - without delay, than to attend vntil the sound iudgement of some be preuented by - the subtilties of others, & that men come prepared with long traines of - reasons, to reuerse that which ought of right to be concluded. For as the - truth, the more naked and simple it is produced, the fairer it is; so is it - most certaine, that they which disguise it by figures or colours of Rethorique, - take from it the lustre and naturall beautie thereof: a thing which a man ought - aboue all things in matters of councell to shun. True it is, that to vse - oloquence, in the assemblies of the people, and with the sweetnes of speech to - delight the ears of the ignorant multitude, or with faire words to blind their - eies, or with pleasing reasons to turne their minds from rage and furie to - peace and quietnes, is a thing not onely commendable, but necessary also. But al these things are far to be - 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 used, that they all may - 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 - for the delivering of their opinions by secret suffrages, as amongst the - Venetians; or by changing of places, as amongst the Romans, I cannot greatly - commend of either, but especially if the matter in consultation consist of many points, of which some are to be liked - of, and othersome to be reiected: so that it is necessarie to propound euerie - article or point apart, which the Latins terme diuidere - sententiam, and so to cause the Senators to passe & repasse from - one side to another. Into which difficulties the Venetians falling, are - oftentimes constrained to leaue their secret voices giuen by lots, and to giue - the same by word of mouth; which they vse to do, when question is of the life, - fame, or fortune of any man, according to the maner of the antient Greeks & - Romans; a thing which cannot by secret voices, by lot, without iniustice be - done, for the infinit varietie of cases which may present themselves to be - iudged vpon. Now as the Senat of a Commonweale is not bound to the - certaineThat the Sena ought not - to intermedie with the iurisdiction of the magistrat. hearing and - deciding of causes, so ought it not to trouble it selfe with intermedling with - the iurisdiction of the magistrats, except it be in the controversies of the - greatest magistrats, or soueraigne courts - among themselves. And for this cause Tiberius the - emperour, in the beginning of his raigne protested in the Senat, That he would - not alter any thing in the course of iustice, neither have to do with the - iurisdiction of the ordinarie magistrats. And they which make a confusion of a - Senat & priuie councel, do greatly diminish the dignitie & honor - therof, for that it ought to be regarded as to confirme the princes actions, - & wholly to attend the publike affairs: worke enough to busie a senat, - except it be when question is of the life or honour of the greatest lords and - princes, or of the punishment of cities, or other such causes of like - consequence and importance, as may well deserue the - assemblie of the Senat; as in auntient time the Roman Senat, by commission from the people, had the hearing of the - treasons and conspiracies of their allies, against the state, as we see in - - - Liuius lib. 26 - - Liuie. - -

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Yet resteth the last point of our definition, that is to say, that the Senat is - establishedWhat power a Senat or counsel of stateis of - right to have in a well ordered Commonweale. to giue aduise and - councell to them which have the soueraigntie in euerie Commonweale. To giue - aduise (I say) and councell; for that the Senat in a well ordered Commonweale, - ought not to have power to commaund, nor to direct out their mandats, neither - to put into execution their aduises and consultations, but onely to make report - thereof unto them which have the soueraigntie. Now if a man should aske, - Whether there be any Commonweale wherein the Senat hath such power? It is a - question but of fact: but if demaund were made, whether of right it ought so to - have or not? our opinion is, that in a well - ordered Commonweale it is in no wise to be suffered: for that it cannot be - without impeaching of the soueraigntie, and that much lesse in a Monarchie, - than in an Aristocratie, or a Popular estate. And in that the maiestie of a - soueraigne prince is knowne, in that he can, and his wisedome, in that he - knoweth to weigh and iudge the aduise of his councell, and so conclude - according to the resolution of the wiser part, and not of the greater.

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Now if any man thinke it straunge or inconvenient for all other magistrats and - soueraigneWhy magistrates and soueraign courts have a - greater commaunding power then hath a Senat or counsel of state. - courts, to have power to commaund, in their owne names to direct out their - commissions, and the Senat that iudgeth of their authoritie and controversies, - to be depriued of this power: let him consider that unto such magistrats and - courts, power is giuen them euen by their - institution, election, and creation, and by the charters and grants unto them - made for the limiting of their charge and power, without which neither martiall - nor civill or domesticall affaires can well be gouerned: whereas there was - neuer Senat in any auntient well ordered Commonweale, which had any power to - commaund by vertue of the institution thereof. So we see, that in the kingdoms - of Fraunce, Spaine, and England, the priuie councell is not erected or - instituted in forme of a bodie politique or colledge; neither to have power by - the election or ordaining thereof, to order or commaund any thing, so as is - necessarie for all magistrats, as we shall hereafter declare. And as for that - that some will say, That the priuie councell - may disanull and reuerse the iudgements and decrees of the magistrats and - soueraigne courts: and so conclude, that it is not without great authoritie and - power: mine answere is, that the decrees of the councell depend not in any - thing of the councell it selfe; but of the royall power, and by commission - onely, in qualitie of extraordinarie iudges for the execution of iustice, - besides that the commission and authoritie of the priuie councell is alwayes - ioyned with the person of the king. And therefore we see in a Monarchie all the - decrees of the priuie councell to carrie these words with them, By the king in his priuie councell: which can do nothing - if the king bee not present or at leastwise confirme the acts of his councell. - But wee have before shewed the power of all magistrats and corporations to - cease, and bee suspended in the presence of the prince. Now if the power of the Senat be nothing in the absence of the - prince, and much lesse in his presence, where then is the Senats power? And if - the Senat cannot of it selfe decide and determine a controversie; how can it - then dispose of such things as belong unto the state of the Commonweale? and - that is it wherfore we see such things as are decreed vpon by the Senat, to be - still referred unto the prince: or if they bee of lesse importance, yet to be - still confirmed with the princes authoritie, hand, and seale. Which is no new - matter, but of auntient time done. For we see an old charter making mention of - one Endobalde, countie of the Pallace of king Clotoire, who sitting in councell with the Senat, was to - report the decrees thereof unto the king, to the end to have them by him either approued or reiected. - -

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But the doubt is greater, whether the Senat in a Popular or Aristocratique - estateWhether the Senat in a popular or Aristocratique - estate ought to have more power then in a Monarchie. ought to have - more power than in a Monarthie, or not? considering the great difference there - is betwixt one lord and many, or betwixt one prince the soueraigne commaunder - of his people; and an infinit number of men; as in a Popular estate. Besides - that, we read also, that in the Roman Commonweale (which is holden to have - beene one of the most flourishing and best ordered that euer was) the Senat had - power to dispose of the common treasure, and publike reuenue (one of the - greatest points of soueraigntie) to appoint lieutenants and gouernours of - princes, to grant triumphs, and to dispose of religion. And for this cause Tertullian saith, That neuer any God was receiued in - Rome, without the decree of the Senat. And as for ambassadours of kings and - people, none but the Senat receiued and - dismissed them. And that which more is, it was forbidden vpon paine of treason, - to present any request unto the people, without the aduise of the Senat before - had, as we have before declared. Which was not onely in Rome observed, but also - in all the Graecian Commonweales. For offending wherin Thrasibulus was in Athens accused of treason, as was afterwards also - Androtian byWhat power the Senat - or counsel ought to have in a popular or Aristocratique estate. - - Demosthenes. Which order is euen at this time better - observed and kept at Venice, than euer it was in Rome or Greece. And yet - notwithstanding all this I say, that the Senat of the Popular or Aristocratique - estates ought not to have but the aduise and consultation of matters of state - onely, the power still depending of them, which had the soueraigntie. And as - for that which is said of the power of the Roman Senat, that which it had, was nothing else but dignitie, authoritie, - councel, and not power: for thatThat the Senat of Rome had - no power to commaund in matters of state. the people of Rome might - when it saw good confirme o repeale the decrees of - the Senat, which had no power to commaund, and much lesse to execute the - decrees therof; Dionysius Halycarnassaeus hath well - noted, and Liuie himselfe oft times vsing this forme of - speech, Senatus decreuit, populus iussit, The Senat - decreed, and the people commanded. Wherein Festus - Pompeius is deceiued, interpreting the word iussit, commaunded, for decreuit, or decreed. - So that it belonged to the Senat to decree, and to the people to commaund. As - when Liuie speaking of the authoritie of Scipio Africanus, saith, Nutus eius pro - decretis patrum, pro populi iussis esse, His beck was in stead of the - Senators decrees, and the peoples commaunds. And that the least Tribune of the - people, opposing himselfe against the Senat, - might stay all the decrees thereof. I have here before noted certaine places - out of Titus Liuius: whereby it euidently appeareth, - that the Senat could in nothing commaund: and especiall by the decree where it - is said, That the Consull if he should thinke it so good, should present the - request unto the people, for the making of a dictator: and if it pleased not - the Consull, then the Praetor of the citie should take that charge vpon him: - who if he would therin do nothing, that then one of the Tribunes should do it. - The Consuls (saith Liuie) would therein doe nothing, and - forbad the Praetor also to obey the Senat: Now had the Senat had so much power - to commaund, as had the Consull, or one of the Tribunes of the people, it would - neuer have used such kind of speech; neither would the Consul have forbidden - the Praetor to obey the Senat. For indeed - the Senat could not commaund the Praetors, but used these or like words, If it should so seeme unto them good; or if so it were their - pleasure. So the same man in another place saith, Decreuerunt patres vt Marcus Iunius Praetor vrbanus si ei videretur, - Decemuiros agro Samniti, Appuloque, quoad eius publicum erat metiendo, - deuidendoque crearet, The Senators decreed, that Marcus Iunius, Praetor of the citie, if he should thinke it so good, - should appoint ten men for the measuring and diuiding of so much of the Samnite - and Appulian land, as belonged to the Commonweale.

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- - 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 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 - thought it so good, referre the whole matter unto the Senat: to have so - interpreted the decree, as if the matter had beene committed to his discretion, - to deeme what he should think best and most expedient therein to doe for the - Commonweale: at which time question was of the lives and goods of all the - Campanians, part of whom the Consull of himselfe without farther authoritie - from the Senat caused to be put to death, and the rest to be sold by the drume. - But that the dignitie of the Magistrats was in - the Roman Commonweale greater than the Senats, it appeareth by that, that such - as writ letters unto the Senat and people of Rome,The - dignitie of the great magistrats in the Romaine Commonweale greater then the - dignitie▪ of the Senat. if they therein comprehended the Magistrats - also, they still placed them in order before the Senat; as is manifest by the - inscription of their letters, in this sort; Cn. Plancus Imp. - Cos. desig. S. P. D. Coss. Pret. Tribb. pleb. Senatui, Populo, plebiquè - Romano: Cn. Plancus Generall, Consull elect, unto the Consuls, Pretors, - Tribunes of the people, the Senat, People, and Comminaltie of Rome sendeth - greeting. Wherefore Cicero doth but orator like taunt - Vatinius, when he saith, Art not thou a most certein - murtherer of thy countrey? thou leftest not unto the Senat, that which neuer - man tooke from it; that Legates should be appointed by the authoritie of that - order. And he in * Liuie - - - - - - - - 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 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 - contratie unto the people: as we have by examples before declared. But how - soeuer the Senat for the maintenance of the authoritie thereof made decrees, - 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 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 - being no way able to restraine Caesar, tooke their - refuge to that auntient decree of the Senat, which was commonly made but in the - dangerous times of the Commonweale, viz. Videant Consules ac - caeteri Magistratus ne quid detrimenti capiat Respublica: Let the - Consuls and other magistrats foresee that the Commonweale take no harme: with - which decree of the Senat (saith Caesar) the Consuls - armed, sodenly raised their power and took vp armes against Caesar: by which words it appeareth, authoritie to have beene in the Senat, but the chiefe commaund in the - Magistrats. But if any TribuneThe great power in the - Tribunes of Rome. of the people once opposed himselfe against the - decree of the Senat, not onely the authoritie of the Senat, but of the Consuls - and other magistrats also ceased. And for that cause there were ordinarily some - of the Tribunes at the gate of the Senat, (before that the law Atinia gaue them - entrance into the Senat house) unto whom the decrees of the Senat were brought - 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, 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 - Tribune of the people, giuing leaue unto the Senat for that yeare to dispose of - the Consularie prouinces, with expresse prohibition unto the Tribunes for the - opposing of themselves, for that time onely. For after that time the people oft - times gaue the prouinces and gouernments, without the aduise or authoritie of - the Senat. Now to say that the Senat had the disposing of the common treasure, - true it is, but that was but vpon sufferance, and so long as it pleased the - people; as we may see by the law Sempronia, whereby the people decreed that the - souldiours should be apparelled of the charge of the common treasure. And he - that hath no power but by sufferance, and by - way of intreatie hath no power at all, as we have before said. So in like case - we see the Auogadours or Triumuiri in the Venetian state often times to oppose - themselves, not onely against the proceedings of the Sages and Decemuiri, but - euen of the Senat also, and so cause the matter to be brought unto the hearing - of the graund Counsell.

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But here againe a man may say, that if the Senat in bodie or lawfull assemblie - hadWhat an authoritie was among the Romans. no - power to command, there was then no difference betwixt the decrees of the - Senat, and that which they call The authoritie: for so - it was that if there were lesse then foure hundred Senatours, by the decree of - Augustus, (who were afterward brought to the number - of fiftie) that they agreed vpon, was called an Authoritie, but not a Decree - of the Senat. As also we may see by the law - Cornelia, published at the request of a Tribune of the people: whereby it was - forbidden the Senat any more to graunt priuileges or dispensations, except - there were two hundred Senatours at the least present. Whereby it is to be - gathered, that the Senat in such number had power to commaund: whereunto I say - that a decree in the nature of it selfe carrieth with it no commaund, no more - then the sentence of the judge, if the commission be not on foor. Now the Senat - neuer iudged or determined, neither could giue out any commission or mandate; - and therefore neuer had the power to commaund their decrees to be put in - execution, without the power and authoritie of the magistrats still being of - none effect. And yet whatsoeuer decree the Senat had made, and were it neuer so - well by the power of the magistrat confirmed; - was but annuall as Dionysius Halicarnasseus hath well - written; and not perpetuall as Conan supposeth.

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But how then (might some man say) did the Senat cause three hundred souldiours - citisens of Rome, which remayned of the Legion that had sacked Rhegium in - 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 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. - Beside that it was done but by the aduise of the Senat, the execution thereof - being performed by the magistrats, who were - not bound to obey the Senat, if they had not beene thereunto willing. Yea - moreouer such was the crueltie and horriblenes of the villanie by the garrison - souldiours committed at Rhegium, who themselves most cruelly rifled the citie, - which they ought with their blood to have defended against the assaults of the - enemie: as that it caused all the ordinarie power of the lawes to cease: no - punishment being thought sufficient to revenge the same. Which cases when they - chaunced, the tittles and querks of lawes were little at all regarded, - especially in the midest of such a noise of weapons. But as oft as the Senat or - Consuls attempted to infringe the soueraigntie of the - people, or to breake the laws, as oft times - they did the Tribunes, were straight waies readie to oppose themselves against - them. For in that Caius Cornelius Tribune of the people, - made a request unto the people, that the Senat from that time forward, should - not decree any thing against the libertie of the people, and the maiestie - thereof: it sufficiently declareth the Senat oft times before contrarie unto - the law, to have vsurped the rights of soueraigntie: howbeit therein is not to - be respected what was done, but what of right ought to have bene done. Howbeit - it is manifest, that the Senat in the latter times thereof had power to make - lawes: but then it had left off to be a Senat, and was then become rather an - ordinarie court of judges. And yet the magistrats themselves, as the Praetors, - the Aediles, yea and the famous lawyers also made a great part of the Roman - law, albeit that they had no power to commaund - at all: but all this dependeth fo the good liking of the prince or people, - without whose authoritie and commaund, the force of the law, edict, or decree - made, was nothing. Seeing then that the Senat in a Popular estate hath no - ordinarie power to commaund, nor to do any thing but by sufferance; much lesse - power shall it have in an Aristocratique estate, or in a Monarchie: and so much - the lesse in a Monarchie by how much kings are more ielouse of their estates, - than are the people, and better know than they, how to defend their owne - soueraigntie.

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But whereas we said, It was not lawfull without the priuitie of the Senat, to - propound any request unto people, that indeed was so prouided by the law - Popilia and Hortensia: yet was it lawfull alwaies without the priuitie of the - Senat, to propound requests unto the - Comminaltie: and although that by the Consularie law Cornelia, it was also - forbidden without the priuitie of the Senat, to propunnd any request unto the - Comminaltie, yet was that law shortly after againe by the law Pompeia repealed - and abrogated. Wherein many with great libertie abuse the words Populi ac Plebis Romanae, (the People and Comminaltie of - Rome) and especially the Greekes, and such as ignorant of the Roman antiquitie, - interpret the Greeke writers.

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That is also worth the noting, that albeit that the request which the - magistrats were about to propound unto the people, were disliked of the Senat, - yet might they neuerthelesse lawfully moue the same unto the people, after they - had once made the Senat acquainted therewith. The same may serue also for an - aunswere to that which Iosephus - - the historiographer saith, That Moyses forbad the king to denie any thing concerning the - publike, without the aduise of the Senat, and the high priest (howbeit that - this article is not to be found in all the law) yet thereof it followeth not, - that the king was thereby of necessitie bound to follow their aduise. For - albeit that the Roman emperours terme themselves the principall Senators, or - chiefe of their councell; yetWhy the Romain emperours - somtime called the Senators their companions, or good lords. such - additions in nothing diminished their maiestie. Yea albeit that they called the - Senators their companions, or good lords and maisters; as did Tiberius, who in the beginning of his raigne called the Senators, Indulgentissimos dominos, His most louing Lords, as we - read in Tacitus. But how much princes gaue unto the - Senat, and the Senat unto princes, Plinie the younger doth in two words (as it were) - declare; where hee thus speaketh of a certaine decree of the Senat, Voluntati tamen principis sui, cui in nulla re fas putaret - repugnare, in hac quoque re obsequi, but to obey the will of their - prince, whereunto they thought it not lawfull in any thing to resist, euen so - in this this thing also to show themselves obedient.

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And further also, the Senators or Councellors of the estate, to speake properly - are no where accounted either as officers or commissioners: neither in - - Viz Fraunce. Senators neither officers nor - commissioners. this realme are they by any law, or edict, or charter - of the kings made councellors, but only by a short briefe without any seale, - signed with the kings hand, expressing in few words, that the king during his pleasure giueth them place and deliberatiue - voice in his councell. But the king being - dead, they must have another such briefe for the holding of their places, - except such as for their calling, or the charge they have in the Commonweale, - have accesse and entrance into the councell.

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Now if any man aske, Why a Senat in a well ordered Commonweale, should notFor what reason a Senat in a well ordered Commonweal should not - have also power to commaund. have also power to commaund? The - 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, 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 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 - was committed to their charge, forbad them vpon pain of high treason to - commaund or determine of any thing concerning the state, nor so much as to - write their definitiue letters; but to have therein recourse unto the - Seignorie, vntill the Grand Councel were assembled. For which selfe same - reason, and that moe of the citisens also might be partakers of that honour, - hey have decred, That the six councellors of estate, assistants unto the - duke, shall not be but two moneths in that - so honourable a charge: to the end that the custome to commaund should not - breed in them a desire still to continue the same,That the - Senato counsell of estate ought to be - perpetual, and not every yeare chaunged: with the daungers that ensue of - such yearely chaunge as also to aspire higher. Howbeit I am not of - opinion so to have the councellours of estate changed and rechanged; but rather - to have them perpetuall, as they were of antient time at Rome, Lacedemonia and - Pharsalia, and yet are in Polonia and Geneua. For the yearely chaunging which - they made in Athens, and yet make in Venice, Rhagusium, Luques, Genes, - Nuremberg, and diuers other townes of Germanie, doth not onely greatly obscure - the glorie of the Senat, which ought to shine as the sunne, but also draweth - after it the ineuitable daunger of disclosing and publishing of the secrets of - the estate: ioining hereunto also, That the - Senat, all new, cannot bee enformed of affaires passed, neither yet well - continue the entertainment of the affaires present. Which for that it seemed - unto the Florentines a thing verie daungerous, they at the request of Peter Soderin their Gonfalonier (and a chiefe man in the - reforming of their estate) decreed, That all the Senat of fourescore, should - from six moneths to six moneths bee remoued; excepting such as had before bene - Gonfaloniers or chiefe officers in the Commonweale, whome they appointed - perpetuall Senators, of purpose to instruct the other new Senators in the - affaires of state. The same order they of Genes are faine also to take in their - mutable common Senat, wherein such as have bene dukes and Syndics are - perpetuall Senators. Wherein the Rhagusians are better prouided of their Senat - than are the Venetians, whose example they seeme to have followed in the - forming of their Commonweale: For in Venice - the Senat changeth every yeare all at once: but in Rhaguse the Senators which - are also but one yeare in charge, change still one after another, and not all - in one yeare. But if the desire of honour bee so great, as that the citisens - cannot otherwise be satisfied, except they all by turnes may have place in the - Senat, we must then imitat that which Solon did; who in - the Popular estate of the Athenians by him framed, appointed a mutable▪ Senat - 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 having - spoken of a Senat, order requireth that we - should also speake of the Officers and Commissioners in a Commonweale.

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- - - - CHAP. II. ¶ Of the Officers and Commissioners in a - Commonweale. - -

- - AS in the whole bodie of the law concerning - Commonweales, are contained many things right fruitfull and commodious: so also - amongst the rest, the reasoning and discourse concerning publike persons, hath - alwayes bene thought most profitable: and albeit that many things concerning magistrats are thought common and vsuall, yet - lie the same for most part almost wrapped vp in obscuritie: For that they which - have thereof reasoned, do therein define nothing plainely. Wherefore I have - thought it best to begin this our discourse of their definitions. An Officer - therefore is a publike person, who hath an ordinarieWhat an - Officer is? what a Commissioner is? charge by law limitted unto him. - A Commissioner is a publike person, but with an extraordinarie charge limited - unto him, without law, by vertue of commissionely. Which definitions so by vs - set downe that they may become more plaine, it shall not be amisse to make a - diuision of publike persons, euen from the first beginning of them. And first I - call them publike persons, who are to attend vpon the publike - affaires: - - 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 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 - together, considering that the one sort is established for matters diuine, and - the other for worldly affaires, which ought not to be confounded. Ioyning - hereunto also, that the establishing of them which are employed in diuine - matters, dependeth not of the politique edicts or lawes, as the Officers do. - Let vs then see the definitions by vs set downe, whether they be good or no, before we enter into the deuision of - 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 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 - should first speake of Commissioners, and of the difference betwixt them and - the Magistrats or Officers. - -

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- - Aristotle saith, That a Magistrat is he that hath a - deliberatiue voice in the Senat,Aristotle his definition of - a Magistrat impugned. and in iudgement, with power also to commaund. - He also calleth the magistrat which is not proper but to them which are - of power to commaund, and agreeth not unto officers that serue, as Vshers, - Sergeants, Trumpetors, Scribes and Notaries, whom he putteth into the ranke of - Magistrats, and yet have no power to commaund: so that this definition is in - that respect too short. Besides that, it is a thing more absurd, that he should - not be a Magistrat, which hath no entrance into the priuie councell, neither - yet deliberatiue voyce, nor power to iudge: for if it were so, there should be - but few magistrats in all Commonweales, considering that there are so few - conncellors of the priuie councell in well ordered - Commonweales, and among them not one which hath deliberatiue voice, but by commission: and albeit that they had such voice, - yet had they no commaund, as we have before declared.

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And as for the lawyers, there be but few of them which have touched this - string:The lawiers definitions of magistrats - censured. and namely doctor Iouean confesseth, - That it alwaies seemed unto him an hard thing, rightly to define a Magistrat. - And indeed in the definition of a Magistrat by him made he is deceiued: For he - saith, That a Magistrat is he to whome the prince hath giuen any charge▪ in - which sence and sort all Commissioners should be magistrats. But D. Cuiacius▪ beside the definition of Aristotle, promiseth to bring three others: A Magistrat (saith he) is - a publike person, who hath preheminence in doing of iustice; or hee which - sitteth in seate of iustice; or else he which hath iurisdiction and publike - iudgement: so that by his account he - appointeth foure definitions, with that of Aristotle. - Which is directly against the Maximes of all Philosophie, and contrarie to the - principles of Logike, that one should giue more than one definition to one - thing: and is also impossible by nature. But if any say, That many descriptious - may be giuen of one and the same thing, for that the accidents are manie which - are in one thing: true it is, but an hundred descriptions cannot declare and - make manifest the substance or nature of a thing: Which in the Art of reasoning - is a great fault: but in the knowledge of the law much greater, and especially - in the matter of Magistrats and officers, which is the entrance of the law, - where the lawyers begin. For the principall markeThe - principall marke whereby a magistrate is knowne. whereby a Magistrat - is knowne, which is, To have power to commaund; is in these three definitions wanting: and the magistrats lieutenants - have the hearing of causes, are presidents in iudgement, and sit in the seat of - iustice, and yet for all that are no magistrats at all. The bishops also sit in - publike iudgement, and seat of iustice, and have the hearing of causes: For - when Lentulus the Great Bishop, made relation unto the - Senat, of the decrees of the colledge of Bishops, and the law Clodia, - concerning the consecrationThe auntient bishops in Rom no magistrats▪ and why. of Ciceroes house, thus he began his speech, Pontifices - religionis sunt iudices, legis Senatus, The Bishops (said he) are - judges of religion, and the Senat of law. So doe the Cadies, or Mahometane - Bishops in the East; and yet for all that they are no magistrats, considering - that they had or have no power to commaund, nor to call men before them, to - imprison them, or to put their owne iudgements in execution: neither have they any sergeant or officer whome they can - commaund, no more than have the Cadies, or Paracadies in Turkie, or the - auntient bishops of Rome; which is a thing worth the marking. And sometimes - cleane contrarie, some have authoritie and power to commaund, which have no - iurisdiction or hearing of the cause at all, as wee will hereafter shortly - show. And that more is, the Commissioners of publike extraordinarie causes, in - antient time deputed by the people of Rome, whom the law calleth quaestores parricidij, had (as at this present - 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 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 - searched into the definition of a Magistrat, is yet therein many waies also - deceiued: For he calleth all them magistrats which have any publike charge of - worldly affaires, without making of any difference betweene officers and - commissioners, or betwixt the magistrats and other officers, which have also - publike charge; besides that he giueth power to al magistrats, to iudge, to - commaund, and to put in execution, euen unto the Aruspises. Howbeit as a - definition ought not to extend farther, or lesse way, - than doth the thing that is defined: so ought - also the description of a magistrat in this our treatise of a Commonweale, to - agree to all magistrats of all Commonweales indifferently.

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Now in the definition by our selues proposed, we first said, all officers - (whither theyThe difference be twixt magistrats and priuat - men, as also betwixt magistrates and commissioners. were magistrats, - or magistrats seruants) to be publique persons: who in that differ from priuat - men: for that priuat men have nothing to doe with the affaires of the Common - weale. We said also the Magistrats to have an ordinarie charge, whereby to - differ from Commissioners, who have also publique charge, but yet - extraordinarie, according to the occasions in the occurents of time presented: - such as were in auntient time the Dictators, criminall Quaestors, and other - judges extraordinarily by the people of Rome appointed, at the motion and - request of the Magistrats. And last of all we - - Offices not to be erected, but by expresse edict, or - lawe. said, their ordinarie charge to be to them by law limitted and - bounded: for the erection of their publique ordinarie charges, erected by the - name of offices, which otherwise should be no offices, if there were not for - them an expresse edict or law. A thing alwaies observed in the auntient - Commonweales both of the Greeks and Latins; and now also better than euer: and - to this end Princes cause their edicts to be published, in their soueraigne and - inferiour courts: and in this realme of Fraunce, the charters of offices newly - erected are sealed with greene wax, with labels of greene and red silke, and - this style, viz. To all men present and to come, with a - continuance perpetuall: whereas the letters pattents of commissions, are sealed - with yellow wax, with a labell of plaine parchment, without any perpetuitie. - And albeit that all Corporations and Colleges - be graunted by the prince with a charge by law limitted for euer, as I have - said; yet so it is, that if the king will augment or increase the number of the - corporation or colleges of judges, or other magistrats, yea or of the most base - or vile officers: as of Sergeants, criers, trumpetours, land measurers, - 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 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 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 - two moneths, as did the six Counsellours of the seignorie which are assistant - unto the duke of Venice: or for one day onely, as the Captaines of the two - fortresses of the castle of Rhaguse,Lawes neuer awhit the - stronger for being written whose office is perpetuall, albeit that - their commaund last but for one day. But howsoeuer it be that offices be - erected with ordinarie and publique charge, it must still be done by law: not for that it is needfull to have parchment - to write it in, or greene waxe to seale it with, or yet magistrats to publish - the edicts concerning the erection of such offices: for the writing, the seale, - the verification, albeit that they giue credit unto the lawes which are made, - yet make they no lawes; no more than they doe other acts and contracts. But to - the contrarie there were neuer lawes more strong or better kept, than those of - the Lacedemonians, which Lycurgus forbad to be written, - and were for that cause called Rhetes: for so he was persuaded that they should - the rather remaine inuiolat and of long continuance, if they were once writ in - the hearts of his citisens, and not in tables, in their mindes, and not in - 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 used to ingraue in - brasse, and to fasten it unto a pillar, lest - 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 - to be seene in Thucydides, Plutarch, and Demosthenes. - - Al offices in Rome erected by one or other expresse - lawe. The like is to be said of the Roman magistrats: for the Consuls - were created by the law Iunia: and the Tribunes of the people by the law - Duillia: and when question was for the creating of one of the Consuls out of - the people, it was done by the law Licinia. And afterward the Praetor for the - administration of justice in the citie was made by the law Sextia. And the - foure Praetors for publique criminall causes, (beside the other before erected) by the lawes Cornelia and Baebia. - So may we also see of all the other Magistrats erected by the Emperours: that - it was alwaies done by expresse Edict, wherein the time, the place, and their - ordinarie charge are limitted. As in all the first & twelft bookes of the - Code, and in the Edicts of Iustinian it appeareth where - every magistrat hath his particular Edict.

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We have put also into our definition of an Officer, that he must have an - ordinarieAn officer alwaies hath an ordinary charge, and - in that he differeth from commissioner whose - charge is alwaies extraordinarie. charge, for that the commaunds of - the people of Rome granted by commissions and extraordinarie charges were - 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 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 - forasmuch as these were not but extraordinarie charges, a man could not call - 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 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 - were sooner ended, that then his commission should end also. And all such - extraordinary charges we call by the name of Commission. The Dictatorship was - also a charge giuen by commission, and not an ordinarie power: for why, the - Dictator was not but extraordinarily and without law nominated by the Interrex - or Consul, some great matter so requiring: and for that all offices ceased the - Dictator being created, his commission was limitted but unto six moneths at the - most, and if he had soner dispatched the businesse for which he was appointed - Dictator, his commission then also expired, and his authoritie ceased; as we - have by many examples before declared. And as a man may see by - - Liui lib. - - . - - Aemilius Mamercus, who chosen Dictator, and the same 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 - pleasure of him or them that have the soueraigntie in the state. him - that hath the soueraigntie, they may be either reuoked or proroged. And albeit - that commissions in Popular and Aristocratique Commonweales are almost still li - mitted unto a certaine time: yet in a Monarchie that extraordinarie and - permissiue charge is tyed to no time at all: for why, in Popular and - Aristocratique estates and gouernments, the greater - the charge is giuen by commission, the more need it is to have it in short time expired; least longer power might giue - occasion to ambitiousThe greater the charge is that is giuen - by com mission the shorter time it ought to endure. minds to take - unto themselves the gouernment, and so to oppresse the libertie of the state. - And therefore the dictatorship was but for six moneths, neither was that power - euer longer proroged to any man in that free Commonweale, except to Furius Camillus. For at such time as the people of Rome - had extraordinarily created the Decemuiri with a yearely and soueraigne power, - for the reforming of their old lawes and customes, and the making of new and - more commodious for the state: their commissionLarge and - long commissions daungerous to the state. which should not have - passed, a yeare being expired, was againe by the people for another yere - proroged, with absolute and soueraigne power: and all other magistrats - suspended during the time of their commission; vntil that out of the best lawes - of other cities they had gathered the lawes of - the twelue tables. Vpon which continuance of bearing rule, these Decemuiri - tooke occasion to oppresse the libertie of the state, and to take vpon - themselves the soueraigntie, had it not by force againe bene wrong out of their - hands, and that no without the great trouble and turmoile of the citie. For - which cause the people from thenceforth erected the offices of the Tribunes of - the people, as defendors and keepers of their libertie; who alone of all the - magistrats held their places after the creation of the dictator, all other - magistrats and officers being for that time suspended. The Florentines did - otherwise, who almost euerie sixt yeare extraordinarily created eight or ten - Commissioners, with soueraigne power, and without limitation of time, for the - ordering of their Commonweale, and the reforming of the abuses therein: who being once created, all other their - magistrats ceased. By which meane these ambitious in effect tooke vpon - themselves the gouernment, albeit that in outward appearance they made faire - 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 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.

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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 - was lent for bee expired: but a commission is a thing which one hath but by - sufference, end as it were by leaue, which the owner may againe demaund when he - seeth good. And that is it for which Tacitus merily - speaking of the raigne of Galba, which continued but - three moneths, saith, Praecarium seni imperium, & breui - transiturum, The old mans empire was but by sufference and in short time to passe away: not for that he had indeed - his empire by sufferance, but for that he was now growne extreame old, and - being vnfit for the gouernment of the empire, foresaw that in short time it - must againe by naturall death bee taken from him, although he had not (as - indeed he was) bene before slaine. Howbeit a Commission is of such nature, as - that it expireth so soone as the charge thereof is executed, although it be not - reuoked, or that the time was graunted longer for the execution therof, and yet - neuerthelesse may be alwaies reuoked, whensoeuer it shall please him that - graunted it, whether the matter for which it was graunted be yet entire or not, - as wee have before showed by the example of the Dictators. And to this purpose - there is an old deeree of parliament yet extant in the - records of the court of Paris, against the purseuants sent to Troy with the judges for the publike extraordinary - causes, being indeed none of the bodie of the court, who (the commission - expired) neuerthelesse yet bearing themselves as purseuants, were by the court - commaunded to resigne vp their office, and a decree made them to be no officers - at all.

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I stand longer vpon this point, which although it may seeme easie unto men of - experience, yet unto others it may seeme strange: yea two of the greatest - 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 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, - alleaging for the cause thereof, That by the law no man was to be rewarded, - except he had first giuen an account unto the people of his office well - discharged, as all magistrats were bound to do. Demosthenes for that it concerned his owne honour and reputation, - taking the matter in hand, made of all others a most excellent oration for Ctesiphon, or more truely to say, for the crowne he would - have had, alleaging, That the law spake not but of Magistrats; and that charge - of repairing and fortifying of the wals and other fortresses, was no - magistracie or office, but onely a simple commission; and therefore in his - vulgar tongue saith, . - - To fortifie is no magistracie but a certaine charg and - ministrie. Which the Latines properly called Curatio, which is to say a Commission. Wherby it appeareth, that - publike charge, for repairing of the walles, not to have bene an ordinarie - 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 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 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 - hope be well manifested, by that which shall be set downe in this booke.

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In the laws of Charlemaigne Commissioners were called - missi, a mittendo; which signifieth sent; which the - Germans call by an old word Skaken: whereof they called - the court of judges, which were extraordinarily sent into the prouinces (& - were indeed nothing else but Commissioners) Scacarium. - But here perhaps may some man say, That the Commissioners of the castle of - Paris, and judges of the court of Requests of the Pallace, are also officers: - which being so, how could it then be, that an office and a commission should - not be also all one? Whereunto I answere, That of antient time - - Commissioners turned into iudges, and yet still knowne by - the name of commissioners those judges were but simple commissioners, - with authoritie and power during pleawho yet afterwards for the common good and - profit were made perpetuall officers, with an ordinarie and perpetuall charge - and power committed unto them them: their old and former name of commissioners, - yet by abuse or for the honor of that court still remaining: whereby those - judges of the court of Requests, are yet called the Commissioners of the - Parliament; as judges appointed, and againe to be reuoked at the pleasure of - the prince. Which judges of the court of Requests (for all that) cannot now be - reuoked by the king himselfe, except they first bee by capitall iudgement condemned, or willingly of themselves resigne their - places: for so it was by the law of Lewes the eleuenth prouided. Not for that commission is - incompatible with an office, most part of compassions being not directed but - unto magistrats or officers: but for that an officer in the qualitie of an - officer, cannot be also a commissioner, for the self same charge limited unto - him by his office. For such commissions as they call Excitatiues, - extraordinarily directed unto officers for matters concerning the reuiuing the - iurisdiction, or authoritie of their offices, are not properly commissions, if - the time or the place be not by the commission altred; as to iudge according to - the latter proceedings, and to leaue the former: for after that the time and - order appointed by the law, is altered by the authoritie of the prince or - magistrat, it is to be now determined by commission. Now the difference herein - which the lawyers hold, is notale, 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 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 - preferred before the qualitie of the Commissioner; and the acts of the officers - more assured than the acts of the Commissioners. And so in such concurrence of - authoritie, if the officer commissionat also in a matter belonging to his owne - charge, have not declared in what qualitie he had the hearing of the cause: the - act by him done shall be taken, as the act of an officer, to the intent it may - be the more firme and sure. It is also - - Extraordinarie commissions extenuating the authoritie of the - magistrate odiou. manifest, extraordinarie - 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 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 - Quaestors or judges were by commission appointed by the people. That - extraordinarie hearing of causes of the judges by commission, was also - gratious; which Vespasian the emperour appointed for the - hearing and determining of suits and - controversies, which in the time of the civill warres were growne infinitly, - 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, 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: - Which interiection although they left nothing vnattempted to have letted, yet - so it was, that in fine they agreed thereunto, after that I had againe - and againe presented unto them the kings - commaunds, to that effect and purpose, and commenced suit not onely against the - principall men of that prouinciall court, about matters concerning my - commission, but also against the whole bodie and corporation of the citie of - Roan, for the rights which they pretended against the king; and that, that was - the cause for which I had obtained the interdiction.

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But briefly, and yet more plainely and plentifully to make plaine all sorts of - Commissioners, whether they be for the gouernment of prouinces, or for the - warres; orDiuers sortes of commissioners, and from whom they - have their commissions. for the administration of iustice, or for the - kings receits and treasure, or other things concerning the state. We say, that - the commissions come still from the soueraigne prince, - or from the magistrats, or from commissioners deputed by the soueraigne - prince; for a fourth there is not. Againe - Commissioners deputed, are either taken out of the number of magistrats and - officers, or out of other priuat men. And if the commission be directed unto - the magistrats or officers, it is either for matter belonging unto them by - their office, or otherwise not belonging unto them. And in what sort soeuer it - be that commission be directed, whether it be to an officer, or a particular - person, it is directed with power and authoritie to heare and proceed in the - cause; either without appeale, or else with appeale reserued unto the - soueraigne prince, (if the commission came from him) or unto the magistrats - named in the commission; or els a commissioner is appointed by him whome the - soueraigne hath deputed: as sometime commission is giuen out for the - instruction of the affaires, or proceedings unto the definitiue sentence exclusiuely ro inclusiuely, sauing the - execution thereof, if appeale bee made. Sometime also Commissioners are - appointed by the magistrars to examine a fact, or the right of a matter, or - both the one and the other together; sometimes without any power or commaund, - and sometime with both.

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This diuision extendeth to all Commissioners, in what forme of Commonweale - soeuer it be. As is to be seene in the state of the Romans, where the mannaging - of the warres, and gouernment of the countries and prouinces newly conquered, - at the first belonged unto the ordinarie magistrats and officers, viz. the Consuls, Praetors, and Quaestors, yea euen a - good way from the citie, whilest that the Roman empire was yetThe gouernour of the prouinces in the - Romaine empire nothing but commissioners contained within the bounds - of Italie: But after that the bounds thereof were extended further, they then began to appoint Commissioners to gouerne - their prouinces, in stead of their ordinarie magistrats, who although they were - all by one name called Potestates, yet for all that they - gouerned the prouinces in stead of Consuls, Praetors, and Quaestors: they were - also called Proconsuls, Propraetors, Proquaestors, that is to say, - Commissioners, or Lieutenant sent in stead of Consuls, Praetors, or Quaestors: - As is in Liuie to be seene, who speaking of Philo the first Proconsull saith, Actum - cum Tribunis Plebis est, ad populum ferrent vt cum Philo Consulatu abijsset, - pro consule rem gereret, The tribunes of the people were dealt with, - that they would moue it unto the people, that when Philo - was out of his consulship he might rule as proconsul. But after that the empire was growne great, and also extended farre, - such commissions were by the sufferance of the people graunted by the Senat, to - such as were lately gone out of their offices in the citie, who agreed among - themselves for the gouernment of the prouinces; or if they could not so fall to - agreement, cast lots for them, which they called Cmparare inter se, & sortiri: Except the - charge and commission were of such consequence and importance (by reason of - some great warre alreadie risen, or like to arise in the prouince) as deserued - to have some valiant and great captaine without lot thereunto by the Senat - appointed: Where if any partaking or factions chanced to arise about the - matter, the people at the request of the Tribunes appointed one thereunto by - commission. As it did Scipio Africanus, to whome the - people gaue commission for the mannaging of the warres in Spaine and Affrike, - and by that meanes drew Hannibal - - out of Italy, and discharged that country of a - long and most dangerous war. The like commission was without lot - extraordinarilie by the people also granted to Paulus - Aemylius, to make warre against Perseus king of - Macedon. And so also to the great captaine Pompey - against the pirats, by the law Gabinia, and against king Mithridates, by the law Manilia: all they which the yeare before had - borne office, beeing reiected, the people naming whome they pleased and best - liked. Howbeit that this was no vsuall matter, but right seldome times done: - For ordinarily the Consuls, Praetors, and Quaestors discharged, and so going - our of their offices in the cities, cast lots for the - prouinces, if they could not otherwise agree for the gouernment of them among - themselves: - - The cause of the ciuil war betwixt illa and Marius. and for that the charge of the warre against Mithridates by lot fell unto Cor. - Sylla, Marius by the working of Pub. Sulpitius, - one of the Tribunes by him suborned, caused it to be by the people taken from - him; and by extraordinarie commission giuen unto himselfe: which was the cause - 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 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, - the matter was propounded unto the people, who put it ouer by commission unto - the Senat; which out of the bodie of it selfe - appointed some one or moe, not onely for instructions, but euen to heare and - end the matter. As when Lucius Tubullus the Pretor, had - with grieuous extortion most filthily polluted the Tribunall seat, and - peruerted iustice; so that the people leauing the ordinarie course, and the - magistrats to whom the hearing of the matter belonged, referred it wholly unto - the Senat by extraordinarie commission: the Senat forthwith deputed Cn. Scipio to iudge and end the cause. So also when Tiberius the emperor by cōmission appointed the Senat to - enquire of the murthers committed betwixt the Nucerians & Neapolitans: the - Senat deputed the Consuls to enquire therof. Yea sometime the senat without - commission from the people, but as it were by meere soueraignty appointed - commissioners, if the case in question were committed in Italy, out of the territorie of the citie of Rome, as a thing - 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 having - the soueraigntie, may appoint their Deputies and so commit the matter to - 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 - in the commission: as the ambassadours or Commissioners which are to entreat of - peace, or alliance, or other such like things cannot commit the same to others. - As is also to be said if question be of the life, ame, or state of any man: wherein the manner - and examination for better instructions may be deputed to others, but not the - iudgement it selfe, except the judge before appointed by commission excuse his - absence by sicknesse or some other lawfull cause. But Iustinian the emperour afterwards ordained better by forme of a - perpetuall edict, That Commissioners appointed by the prince, should depute - nothing of their commission to others more than the instructions of the suit: - neither thought he that sufficient, but decreed also, that the Commissioners - appointed by the prince should themselves heare the appeale, and instructions - of the suit. But to meet with all that is to be met with, the most sure rule is - to have al that is commited, particularly in the commission, - expressed, and so the commissioners to be - ruled by the commission, as is the manner in all well established - Commonweals.

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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 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 - whereby commissioners cease. commission ceaseth by the death of him - that graunted the same, or by his reuoking of the commission: or in case that - the commissioner during the time of the commission, - obtaine some office or preferment equall to him that graunted the - commission: for then one of them cannot - commaund the other. But as for the expresse reuocationWhether the acts of a commissioner done after his commission reuoked, and - yet before he had knowledg of the reuocation thereof, be good or not? - declared by the princes letters or edicts, concerneth as well them which are - ignorant of such reuocation of their authoritie and commission, as them which - know it. And albeit that the acts of a commissioner so reuoked, done after the - reuocation of the commission, and yet before the knowledge of such a reuocation - to him giuen, hold for good but in regard of particular men, towards whom the - commissioner hath executed his commission; and especially, if they have - voluntarily yeelded unto the commissioner, knowing the commission to be - alreadie reuoked: and that towards others the acts of the commission after the - reuocation of the commission, are of none effect by the rigour of the law, yet - equitie and reason bindeth them thereunto, vntill that the commissioners or appointed iudges doe know that their - commission is reuoked. For as a commissioner hath no power vntill he have - receiued his commission: so likewise the commission dureth, vntill the - reuocation thereof be signified; or at leastwise vntill the commissioner know - that it is reuoked. And therefore Celsus sayth, that the - acts of the gouernour of a prouince are good and auaileable, if the - commissioner know not that his commission is called in. And although Pope Innocent were of opinion, that it was otherwise to be - iudged, if question were of life or honour, and was therein of many followed, - yet he continued not in that opinion. And albeit that he was a popeA good decree of Pope Innocent the - fourth. & soueraigne prince, and a man most skilfull in both the - lawes, yet willed he no greater authoritie to be giuen unto his writings than - to other mens, neither to rest thereon further - than there were good and strong reason therefore. But to take away these - antient difficulties, the secretaries to the state have used 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 understood. And thus much concerning the expresse - reuocation of a commission.

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So also a Commission taketh end by the death of him that graunted it, bee - heeWhether a commission alwaies taketh end by the death - of him that graunted it? prince or magistrat; prouided alwaies, that - the thing committed bee yet whole and entire: for otherwise the commissioner - may continue that which hee hath begun, so that it be done without fraud. But - it is fraud in law, when a Commissioner not aduertised by a purseuant or expresse rescript (but by some other - certaine meanes) of the death of the prince, the matter being yet whole, - neuerthelesse proceedeth therein. Now the matter is not whole and entire, which - cannot by the Commissioner bee left off without proiudice to the publike state, - or to the right of priuat men: as in matter of iustice, if the parties have - contested, the thing is no more entire, but the Commissioners may and ought to - go through with that they have begun, whether it bee the prince or the - magistrat that hath giuen them commission. And so in warre the matter is said - not to be entire, if the battell stand ranged before the enemie, and that the - retreat cannot without euident perill be made: in which case the generall is - not to forbeare the giuing of battaile, although he be certainly enformed of - the death of the prince; or that it be forbid - him to ioyne battaile. So if rebellion arise, which cannot otherwise be - appeased but by the execution of the authors thereof; that is first to bee - done, and afterward knowledge thereof to be giuen, (as saith the lawyer) - although the death or countermaund of the prince happen or come in the meane - time. Yet the commissions comming from the prince, or letters mandatorie, are - in that different from the other letters royall, which they call letters of - iustice: for that these coutinue in their force and vertue, whereas the letters - of commaund expire after the death of the prince. Yet neuerthelesse the new - prince oftentimes ratifieth that which was done by the commaundement of his predecessour, although he died, the matter yet - whole and entire, and the rather if it be well - and for his profit done; which the magistrats cannot do to the commissioners by - them appointed, for that their ratifications in tearmes of iustice are neuer to - be receiued. And thus much concerning all the sorts of Commissioners.

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Now, that we have alreadie said of Commissioners, hath no place in officers, - forWhether the power of officers nd together with the death of the prince? that their power endeth - not together with the death of the prince, although it bee in some sort holden - in sufferance, and as it were suspended vntill they have letters from the new - prince, or confirmation from him for the continuance of their offices. And for - this cause the parliament of Paris after the death of king Lewes the eleuenth, decreed that the officers should continue in their - charge, as they had before done, vntil that they receiued commaund to the - contrarie from the new king; following therein an auntient decree giuen in like case in the moneth of October, in the - yeare 1380. Howbeit the court of Toulouse after the death of Charles the seuenth, otherwise decreed than had the parliament of - Paris, viz. That all their iurisdiction should cease, - vntill they had receiued new commaundement from the new king; and yet that if - any occurrents should chance wherein the authoritie of the court should bee - requisit, that then the court should proceed by letters and commissions, - intituled The people holding the Parliament royall of - Toulouse, firmed with the seale of the court, without any mention - making of the king. But forasmuch as the king comming unto his kingdome by - right of succession, vseth his maiestie before he be consecrated; as it was - iudged by a decree of the parliament of Paris, the nineteenth of Aprill, in the - yeare 1398 (contrarie to the opinion of many) - 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 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 - princes name in the vacancie of the kingdom (for that then there is no king) - but every one of them do their lawfull acts and duties, as if they had such - power from the Senat and the people) by force of the law, and power proper unto the magistrats: whereas Commissioners and - judges extraordinarily appointed, can by no meanes (the prince being dead) hold - their authoritie and power; for that they do nothing by the vertue of the law - or of ordinarie power: and not for that commissions be odious, and offices - gratious (as some have thought) for oftentimes a commission is more gratious, - yea and more profitable also unto the Commonweal, than any officers ordinarie - 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 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 - office for his yeare: or if it be perpetuall, continue the same in such sort - and so long as the law giueth him leaue, for that his office dependeth not of a - simple commaundOffices by lawe established, are not but by - contrarie edicts or lawes to be put downe. which may still be - reuoked, or of a charge which cannot be recommaunded, but is grounded vpon a - law, receiued, published, verified, and registred: in such sort as that his - office cannot be suppressed but by a contrarie edict or law. As when question - was for the suppressing of the militarie Tribunes, (for the discord betwixt the - Senat and the people, before created with the power of the Consuls) and in - their steady to restore again the Consuls, it could not be done vntill that by - the law Licinia, that power of the Tribunes was againe - taken away. And in our time when as the fift and sixt president of the parliament of Paris were to be suppressed, they - were not yet therefore displaced (for that against their wils they could not, - except that for some capital crime they had bene before condemned) but an - expresse edict was made, that after their death none should be more placed in - their roomes, but so their offices to bee suppressed. So by a generall edict - made by Charles the ninth, at the request of the estates - of Orleans, in the yeare 1560, all offices erected after the death of king Francis his grandfather, were againe suppressed. And oft - times it happeneth, that one officer is by one law made; but more often, that - many are made at once: as when threescore sergeants were at once created by one - edict of king Francis the first; and the criminall - judges at once erected throughout the realme by an edict in the yeare 1527▪ - when as before the same man was judge both of - criminall and civill causes. Which course was so straitly observed and kept in - the kingdome of Fraunce, as that the verie clarkes of the clarke of the - parliament, were by expresse edict made an office, though afterwards by another - edict againe suppressed, at the instance of the chiefe clarke, in the yeare - 1544: as were other small charges, which the Roman Commonweale were by the - magistrats themselves commonly giuen unto their seruants, without any law at - all. Neither is it sufficient for the magistrats and other officers to be by - the law created, but that their successours also have a particular declaration, - to testifie that they have obtained their offices, and yet no need of any new - edict or law. And for this cause the princes commissions directed unto the - officers in the quality of officers, continue in force to their - successors: for that the prince therein - maketh choice of the magistrat or officer, and not of the person: but if choice - be made of any mans person, whose name is expressed in the commission, he being - dead, his successour in the same office cannot execute the commission, for that - the prince made choyce not of the magistrat but of the person.

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Yet there are other differences also betwixt an officer and a commissioner: for - thatThe power of an officer or magistrat larger, than the - power of a commission. the power of an - officer besides that it is ordinarie, it is also better authorised, and larger - than is a commissioners, & that is it for which the Edicts and lawes leaue - many things to the consciences and discretions of the Magistrats: who - indifferently applie and interpret the lawes according to the occurrents & - exigence of the causes presented: Whereas - Commissioners are otherwise bound, and as it were tyed unto the verie words of - their commission, and especially where question is of the affaires of state: as - in the charges and commissions of Embassadours or Commissioners deputed to - negotiate betwixt princes, where the Commissioners may not without danger of - their lives passe one point beyond the lesson they have in writing, if this - clause (which is oft times put unto the charges and instructions of - Embassadours and Commissioners to treat with princes) be not thereunto annexed, - viz. That if any thing else be to be done, the - Embassadour shall at his wisedome and discretion, according to the chaunge of - places, times, and persons, have care thereof: much like unto that clause - whereof Aeschines the Orator speaketh in the oration - which hee made for the defence of his legation; where he saith, that this - clause put into the the commission of Embassadours, viz. - - That they should do whatsoeuer they saw to be - for the common good; extended not unto that they had in their expresse and - particular charge: so that the aforesaid clause extendeth not unto the - principall obligations and resolutions of treaties, as to the making or - breaking of peace, but onely unto the accessories and matters of lesse - importance. As if question be of any thing to be graunted unto the enemies or - 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 - 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 - publique, and namely in things concerning the state: well may things done - without commission, be confirmed, yet could they not of right without - commission be so done. For albeit that in priuat matters he may say himIn matters of state e that goeth - beyond his commission is worthely blamed, although that things fall out er so wel. selfe to have well and duely - executed his charge, which hath done it better than was to him inioyned, yet in - publique affaires of the estate it is not alwaies so: for the Souldiour which - hath assailed the enemie, or the Captaine which hath giuen battell contrarie to - 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 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 - (ouercome by the earnest intreating of the people) so rested contented. And - therefore Caesar in like case speaking of one of his - captaines called Syllanus, said him to have done well - and wisely in not giuing of battell, although he were sure to have caried away - the victorie: for that said he it is not the dutie of a captaine, to do any - thing that is by his Generall forbidden him. Yea so much it concerneth not to - doe any thing that is forbidden in matters of warre, as that the Lieutenant - generall to an other man, ought not to giue the enemie battell, except - it be so expresly giuen him in charge: - which was the cause that the Countie of Aiguemond was - 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 - 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 - full and absolute commaund ouer the armie, and to mannage the warre, may by - vertue of his office, and without attending any other speciall commaund, make - warre vpon the denounced enemies, pursue them - 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 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 commission to be giuen to generals for the wars in popular - commonweals than in Monarchies, and why? kept, the generals thereof - themselves doing almost all; which in a Monarchie depend of the will and - pleasure of one onely prince: For why it is more easie to know the pleasure of - the prince, than of the people; of one man, than of many thousands. As - we may still see in Liuie large commissions by the people giuen unto the generals of their - warres▪ as in the warres against the Hetrusceans, all power was giuen unto Fabius, Omnium rerum arbitrium & a Senatu, & a populo, - & a collega, Fabio Consuli Commissum, The disposing of all things - (saith he) was both of the Senat, and the people, and his fellow in office - committed to Fabius. And in another place, Initio liberum pacis at belli arbitrium permissum▪ At the - beginning the free disposing of peace and warre was committed unto him. And yet - neuerthelesse they kept this difference betwixt them which had the mannaging of - their warres by vertue of their office, and them which did the same by - 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 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 - wonne: and albeit that the people would infringe or reuoke nothing of that hee - had done, yet neuerthelesse after his triumph, he oftentimes requested the - Senat, that those his doings might by it be ratified: and finding the Senat to - make thereof difficultie, and to vse therein long delayes; he to strengthen and - backe himselfe against his enemies, and such as - were about to looke into his doings, ioined himselfe in friendship and alliance - with Caesar, so to make themselves both of them the - stronger. For albeit that hee had a generall commission, and that in that case - all was at his discretion: and therefore (as some thinke) needed no - ratification: yet is it not so, the generall clauses of commissions being - 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, 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 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 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 - errour, or ignorance, being therein to be admitted or accepted. And much the - lesse, if he which hath taken vppon him such publike charge had it not laid - vpon him, but was by him sought for: neither offered unto him, but by force by - him extorted. For if priuat mens faults, when they have taken vpon them the - charge to do any thing one of them for another (although it bee of their owne - accord) be not excusable; how should they then be excused in matters concerning - the state and Commonweale. - -

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But to the intent that the force of Commissions and offices may the better bee - 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 - apud antiquos, cui nomina▪ tim a populo dabatur imperium, He was said - of the auntients to have power, to whome by name power was by the people giuen: - which is asmuch as to say, by expresse commission, without appeale unto any - other magistrat, unto whome so authorised the law gaue power to command: For - that a magistracie or office cannot be wishout power to commaund. So we see in - Liuie, at such time as Hannibal besieged Rome, Placuit▪ - - - - omnes qui Dictatores, Consules, Censoresue fuissent cum - imperio esse, donec recessisset hostis a muris, that is to say, A - decree was made (or commission giuen) that all such as had bene Dictators, - Consuls, or Censors, should have power and authoritie to command, vntill the - enemie were departed from the walles. So Cicero speaking - of Augustus Caesar saith, Demus - imperium Caesari, sine quo res militar is geri nō potest, Let vs giue - (saith he) power and authoritie unto Caesar, without - which militarie affaires cannot be mannaged. For why, Octauianus yet but yong, could by the law neither beare office, nor - lead the armie, much lesse without power and authoritie take vpon him a - generals charge: and therefore Cicero persuaded, That the charge for the mannaging of the warre should with power by commission be giuen unto - him: which place of Cicero hath much troubled both Sigonius and Gruchius. For had Octauianus bene either Consul or Praetor, Cicero would not have used these words, for that he - should then by law have had the power and commaund of a magistrat.

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Beside this, there was also a notable difference betwixt the manner of - propoundingThe manner of propounding of requests unto the - people for the creating of magistrates and commissioners in auntient time - diuers. the request for the creating of a magistrat, and of a - Commissioner: For the magistrat was vsually created by vertue of the lawes - before made; the magistrat thus asking the people, Quos - vellent Consules fieri, Whome they would to be made Consuls? and so of - the other magistracies and offices being vacant. But for commissions of - command, they used these words, Vellent iuberent vt huic vel - illi imperium esset in hac vel illa prouincia, - - If they willed and commaunded that this or - that man should have the gouernment in this or that prouince. As is reported of - Scipio Africanus, who had commission with power to - commaund, although he were not yet of age to beare office, or to be a - magistrat. And Cicero speaking of all sorts of - 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 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 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 - word Curatio, importeth all sorts of commissions; as is - easily to be gathered by this place of Cicero, Idem transfero - in magistratus, Curationes, Sacerdotia: The same I transferre into - magistracies, Commissions, and Priesthoods; which are the three sorts of - publike charges. Vlpian the lawyer allo well - distinguisheth a magistrat from him whome he calleth Curator - republicae, of whome he hath made an expresse booke: whome the law - calleth by a Greeke word ; who had no power to condemne, nor to appoint any fine, which was lawfull - for all magistrats to do, as we have before - showed.

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But it is to be noted, that al commissions passe into the nature of offices, as - oft as thatHow commissions passe into the nature of - offices. is by law made an ordinarie charge, which was before done by - commission, as we have by the examples of our owne Commonweale before declared. - And that which was before giuen at the pleasure of the magistrats, becommeth - also an office, if he that hath the soueraigntie doth by law establish the - same. As in auntient time the Consuls, as it were by commission made choice of - the six Colonels, whome they called Tribunos militum, - vntill that about 642 yeares after the foundation of the citie of Rome, it was - by an expresse law (made at the request of the Tribunes of the people) set - downe and decreed, That from that time forward it should bee an ordinarie - office, and the people to have the choice of - them: which was euer after observed, except some such great warre were in hand, - as that it was thought needfull, that extraordinarie choice should be made of - those Colonels by commission: As in the Macedonian warre against king Perseus, Licinius and Cassius the - Consuls, made a motion unto the people, That the Tribunes, or Collonels of the - souldiors, might for that yeare bee chosen by the Consuls, as indeed they were. - So likewise in auntient time also, the Consuls, Praetors, and other great - magistrats made choice of their Slaves and seruants for their vshers, - secretaries, sargeants, Trumpetors, and such like; as they did also in this - realme, vntill the time of Philip the Faire, who was the - first that tooke this power from the bailiefs and seneschals, and yet leauing unto the lords justices, power to establish - sergeants and notaries in the prouinces of - their iurisdiction and territorie. And in like case the kings atturney - generall, in the time of our fathers, made choice of such aduocats as hee - thought best for the pleading of the kings causes; who are now as ordinarie - officers created by the prince himselfe, the particular commission before giuen - unto the atturney generall, being conuerted into the forme of a most honourable - office. And thus much in generall concerning Commissioners and officers: it - followeth now that wee should also speake of Magistrats, and of such other - things as are unto euerie one of them properly belonging.

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- - - - CHAP. III. - - ¶ Of Magistrats. - -

- - A Magistrat is a publike officer, which hath power - to commaundWhat a magistrate is. in a Commonweale. - And an Officer we said to bee a kind of publike person, who hath an ordinarie - charge by law appointed unto him. But a Commissioner wee said to bee a publike - person also, with a publike, but an extraordinary charge, at the pleasure of - the prince. Now orderly proceeding required that wee should before speake of - Commissioners, then of officers; for that they were before any lawyers or - Officers established. For right certaine it is, the - - The first commonweales gouerned without lawes. first - Commonweales were by soueraigne power gouerned without law, the princes word, - becke, and will, seruing in stead of all lawes, who both in time of peace and - war, by commissions gaue out charge to whome they pleased; and againe at their - pleasure reuoked the same, all depending of their full and absolute power, - being themselves not bound to any lawes or customes at all. And that is it for - which Pomponius writeth, the Roman Commonweale to have - bene at the first gouerned by regall power, without vse of any law. And Iosephus the historiographer, in his second booke against - Appian, desirous to show the most honourable - 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. 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 , or - Law: a good argument that the first Commonweals used not but Commissioners, - considering that an officer cannot be established without an expresse law (as - we have said) to giue him his ordinarie charge, and limited to a certaine time: - a thing seeming to diminish from the power of soueraigntie. For which cause - kings and princes (ielous of their state and greatnesse) have vsually annexed - unto all their letters pattents of office, an auntient clause retaining the - marke of lordly Monarchy, viz. That the officer should enioy - his office so long as it stood with the princes pleasure. Whereby it - appeareth the officers power to depend of the princes power▪ rather than of - order. And albeit that this clause be to no purpose in the kingdome of Fraunce, - for that by a law by Lewes the eleuenth established, ordinary offices and charges, by the - prince once lawfully bestowed, cannot from them on whom they are so bestowed be - againe taken, except they have committed some criminall cause worthy of death; - and that in Spayne, England, Denmarke, Sweden, Germanie, Polonia, and all - Italie the like order be observed: yet for all that, the Secretaries of estate - neuer forget the same: a great argument that all charges and offices were of - auntient time in the nature of commissions; which whither it bee profitable - unto Commonweales or not, shall in due plaec be hereafter declared. But let vs - before speake of the Magistrat which whave before defined to be a common or publique officer with power to - commaund. - -

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Now there is no lesse difference amongst writers betwixt the officer and - magistrate,Al magistrates to be officers but not al - officers to be magistrats. then there is betwixt the officer and - commissioner. For albeit that every Magistrat be an officer, yet every officer - is not a magistrat; but onely they bee Magistrats which have power to commaund, - which their greeke names , and well - declare;Al magistrates to have power to commaund. - as who should say Commaunders, and the latine word Magistratus, which is asmuch as to say masters and commaunders. And - for that the Dictator was he which had the greatest power to commaund, the - auntient writers called him Magister populi, the word - Dictator signifying a Commaunder; as who should say, saying the word, and it - was done: for that edicere is as much as to commaund, - which is prope unto Magistrats: for that edicts are - the Magistrats commaunds. Howbeit that many - herein deceiue themselves, who supposing the bookes written in latin in the - name of Mar. Varro to be his, say that the Dictator is - so called, quasi dictus ab interrege, as so called of - the Interrex: But by the same reason the Collonell of - the horsemen might be also called a Dictator; for that he was then also so - appointed by the Dictator, as is to be seene through all the historie of Liuie, and should rather be called Dictatus, as a man appointed; in the signification passiue, than Dictator in the actiue. Wherefore Dionysius Halycarnasseus Varro his domesticall friend better saith, - the Dictator to have beene so called as an Edictator, - that is to say, a soueraigne commaunder, and was therefore called Populi magister, or the Master of the people.

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Now we have before declared the definition of a Magistrat by the yonger - lawiers, and by Aristotle himselfe set downe, to be in no wise to be allowed or - maintained:Aristotle by the author impugned. who - call none but him a Magistrat which hath a deliberatiue voice in iudgement, and - in the priuie counsell, with power to commaund; and principally saith hee to - commaund: for in his sixt booke de Republica, seeing the - number of officers to be infinite, whom he calleth all , 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 - Sargeants, Vshers, Secretaries, Notaries, all whom he calleth by the common - name of Magistrats: euen as he doth them which have power to commaund: and so - passing on further, saith, such ministers to - have also power to commaund, . And yet for all that in an other - place - - 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, 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 - not Magistrats, as Plutarke reporteth. As for Preachers - and Orators whom he calleth , if so it be that they have no commaund - or ordinarie power, it is right certein that they are no magistrats at all: but - yet often times they are also Magistrats, I meane such as in Popular and Aristocratique estates and Commonweales have power - to perswade or disswade the people, to or from such things as they thought to - be for them vnprofitable or disprofitable, whom they called Rhetoras. Howbeit - that in Athens every particular man, (so that he were fiftie yeres old) had of - himselfe power to speake; and the rest by the magistrats leaue: whereas in Rome - it was not lawfull for any man to deliver any speech unto the people, but by - the leaue of the chiefe Magistrat in the assemblie. And as for the doubt that - he maketh of Iudges, as whether they be Magistrats or not, the resolution is - easie, if we will graunt the diuision of judges set downe by Iustinian the emperour to be good: which is, that some of them be - 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 having no such commaundingWhich 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 - might arise of a diuision of it selfe imperfect. Wherefore we have said that - such publique persons as have an ordinarie charge limitted unto them by lawes, - or by edicts, without any commaund at all, to be simple officers, whom the - Emperours of latter times often times in their lawes call officiales, being indeed but ministers unto the magistrats. The - auntient Doctors of the law have for most part followed the opinion of Accursius, who set downe neither any definition nor - distinction of Officers; nor of Commissioners, nor of Magistrats; but simply saith, That there are foure sorts of - Magistrats, viz. them whom they called Illustres, the Spectabiles, the Clarissimos, and the Perfestissimos, to whom he giueth all commaund. All which are rather - honorable qualities and titles attributed unto the magistrats and Officers, - according to the conditions of their persons. Howbeit that in this diuision of - them also according to their titles and qualities, he hath left out the Patricij, who were of greater reputation and dignitie - than the rest: as also the Augustales, who were - superiours unto the Clarissimos: for why Iustinian the emperour appointeth these degrees of - honour, the Patricij, Illustres, Spectabiles, - Clarissimi, - - Acurs and Bartholus - censured. - - siue Speciosi, and the Perfectissimi, all which honors and titles were giuen aswell unto - priuate men as unto magistrats. But as for that which Bartholus saith, That there are some - which have honour without charge; as Counties and Marquises, unto whom for all - that he attributeth power to commaund, and the administration of justice, it - deserueth not aunswer; for that he therein is most manifestly contrarie unto - himselfe. So also is there small probabilitie in that he saith, Scholmasters as - magistrats to have iurisdiction ouer their schollers, and power to establish - lawes and ordinances: for so domesticall power and the discipline of families - should be also altogether confounded with the publique iurisdiction, which we - have before shewed to be a thing impossible. Alexander - Imolensis the greatest lawier of his time, hath touched much neerer the - true definition of a Magistrate: in that he saith, None to be Magistrats but - they which are ordinarie judges; And yet is not this enough: for why they are - such magistrats as have power to commaund, and - yet have not any ordinarie iurisdiction: as the Censors, and the Tribunes of - the people. And so to the contrarie some there be (which being no magistrats) - have an ordinarie iurisdiction, but without any commaunding power, without - Pursiuant or Sargeant, as had in auncient time, and now also in every place the - Bishops, who have the hearing and determining of all sacred and religious - things, and yet were neuerthelesse no magistrats. The Bishops saith Lentulus are judges of Religion, and the Senat are judges - of the law. So one may see neither the auntient nor late writers to have - handled this point, or yet so much as touched the difficulties or differences - of Officers, Magistrats, and Commissioners, as the matter well deserued. And - albeit that the true definitions of Magistrats, officers, and commissioners - be not to be found in the papers and - writings of Lawyers, yet are the same to be gathered from them, and from the - discourse of good histories. For Vlpian writeth it to be - lawfull for all magistrats, excepting the Duumuiri, by inflicting of iudiciall - 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 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 - excepted, if they had not such authoritie and power. And yet the same lawyer in - another place saith, these Duumuiri to have had no iurisdiction nor the hearing - of any causes whatsoeuer, but were onely to receiue needfull cautions, and to - deliver possession: which sauoured more (as saith he) of power than of - iurisdiction. And yet in this case (saith he) they were but simply the Praetors - deputies, who in their absence gaue them this commission, for preuenting gf the - daunger which might in the meane time happen, if men of necessitie must be - driuen to runne still unto the Praetors: who in like case also afterwards gaue - them power to appoint tutors unto the poorer sort of orphanes for the - preseruation of their goods. Whereby it is euident them to have had no - iurisdiction or power by vertue of their owne magistracie, but onely part - 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 having power to commaund, - or in iurisdiction, it was vndoubtedly but by leaue and sufferance: whereby it - 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 - have power only to command without any iurisdiction, may well cause a man to be - apprehended, but not proceed further. And in that some are deceiued, who for - that by the old law Alteria Tarpeia power was - giuen to all magistrats, to impose fines unto the summe of threescore six - shillings, therefore suppose all magistrats to have had iudiciall power also. - For if the fine were by the magistrat imposed for publike iudgement sake (as by - a Tribune of the people,) it was lawfull for the partie that was so fined - either to pay the fine, without further examination of the matter, or to - appeale unto the people, and so to trie the cause of his fine, as is in Liuie oft times to bee seene: which was done by the law - Icilia. For why the fine of it selfe inflicted not any infamie vpon the partie - so fined, but for the publike crimes sake: as the punishment of beating with - staues impaired not any mans reputation, but the cause wherefore he was so - beaten. But if a fine were set vpon him that - had not obeyed the magistrat sending for him, or for not aunswering being - asked, or for any other cause, not impairing his credit; it was lawfull for the - magistrat by taking of distresse to exact the fine, without appeale: For that - by the law Tarpeia, there was a certaine stint and measure for fines appointed - and set downe unto the magistrat, that so the disobedient citisens might - without any trouble of the state be kept in order, and their insolencie - restrained.

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Now the least fine vpon any man to be imposed, was one sheepe; and the - greatestThe auntient fynes that the Romaine magistrats - were to impose vpon offenders. two oxen, or thirtie sheepe: which for - that according to the diuersitie of the cattell it made the penaltie either - lighter or heauier, and for that they could hardly be brought and looked unto in the citie, a sheepe was valued at ten - asses, and an oxe at an hundred, that is to say, at so many pound of brasse. - But afterward the riches and territorie of the Romans encreasing, - extraordinarie and greater fines were imposed, if greater cause so required. As - Liuie writeth of Fuluius, who - for that hee being Praetor and generall against the enemie, the Roman armie was - put to flight, and he the Praetor reported to be the first that fled; the - Tribunes of the people fined him at thirtie thousand peeces of brasse, when as - before the greatest fine was but two oxen, or thirtie sheepe: howbeit that the - fine was oftentimes forgiuen, for that the sentence of the people condemning a - man unto a fine, carried alwaies with it the note of infamie.

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And for that we are by way of discourse drawne thus farre, wee will here amend - an errour in Aulus Gellius - (about this matter) not as yet corrected. For hee in his Noctes - - - - Aulus Gellius amendd▪ - - Atticae, speaking hereof, writeth, The greatest fine to - have bene of thirtie oxen, or two sheepe; in stead of thirtie sheepe, or two - oxen: and thereof gathereth, that as then there were moe oxen than sheepe in - Italie, and that it was thereof called Italie: the word with the Greekes, and with Varro signifying an oxe. But Dionysius - Halicarnasseus, Varro his domesticall friend, writeth, That by the law - Tarpeia, it was permitted to all magistrats, to impose fines: and yet a measure - thereof to have bene by the law appointed, viz. That the - fine should not exceed two oxen, or thirtie sheepe at the most. In like errour - offendeth Festus Pompeius, and in the same words with - A. Gellius; so that the one of them seemeth to have - bene deceiued by the leading and authoritie of the other. Both of them also - writ, a sheepe in auntient time to have bene called Ouis, in the masculine gender, which - yet you shall no where find; although wee see Boues for - oxen, to be oft times used in the feminine gender: But it may bee that they - mistooke Duos Oes, that is, - Two Sheepe, for Duos Boues, which is, Two Oxen. And - least any man should thinke me to attribute more to Dionysius - Halycarnasseus a Grecian, than to Au. Gellius, - or to Festus, both citisens of Rome, they themselves are - of themselves refuted: For both of them confesse, the least fine to be imposed, - to have bene a fine of one sheepe; and the greatest, of thirtie oxen, or two - sheepe: whereas (if they would have agreed with themselves) they should have - said, the least fine to have beene of one oxe. Neither do we as yet see whome - we may preferre in the searching out of the Roman antiquities, before this Dionysius Halicarnasseus, excepting Varro, whose domestical and familiar - friend this man was, out of whome he had many good things: For as for the books - which are in his name carried about in the Latine tongue, as wel the - foolishnesse thereof declare them to be none of Varroes, - as for that in them it is read, many things to be in them spoken by contraries. - But Au. Gellius writeth, Varro in - his one & twentieth booke Rerum Humanarum, to call - Mulctam a Sabine word: but the latter Grammarians to - take it to be so called by the contrarie: whereby it is cleere those bookes not - to have bene Varroes. Yet these things which we have - written concerning the estimation of the cartell exacted for a fine, are - confirmed by the authoritie of Demetrius Phalerius: For - 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 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 - ouer-weigheth the Greeke dramme. And in the same place in Au▪ - Gellius there is another more notable fault, where he saith, Mulctam, quae suprema dicitur, in singulos dies institutam - fuisse, The fine which is called the greatest, to have bene imposed - euerie day: where the word dies, or daies, is to bee put - out; for the meaning of the law was, that the greater fine might be exactect of - euerie citisen in particular, if so be that many of them had in the same fault - offended: for otherwise it had not bene lawfull for the magistrat the same day - to impose diuers fines, if many had offended: - whereof the impunitie of offences, and contempt of the magistrat should ensue. - For proofe hereof let that example of Au. Gellius serue, - Marco Terentio quando neque citatus respondit, ne{que} - excusatus est, ego ei ouem mulctam dico, Forasmuch as Mar. Terentius, being summoned, aunswered not, neither made his - excuse, I set the fine of a sheepe vpon him. Another errour also there is in - Festus, where he writeth T. - Menenius Lanatus, & Sestius Capitolinus the - Consuls, to have made the law concerning fines: for it is a thing not heard of, - lawes to have bene made by the Consuls: and as for that law it was made in the - yeare 297, after the building of the citie: in which yeare Sp. Tarpeius▪ - - and Au. Aterius were chosen - Consuls: but true it is, that about six yeares after - - The auntient manner of fynes imposed vpon offenders in Rome - in Cartel, conuerted into fynes in money. - - T: Menenius, and Pub. Sestius - Capitolinus, being Consuls, made a request unto the people, That the - fine before imposed in cartell, might be conuerted into money, valuing euerie - 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 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 - verie Roman lawes which we see in Cicero, are much - deceiued; as we will hereafter show, all - magistrats not to have had also iurisdiction, which yet seemed unto Cicero both good and profitable. And yet the magistrat - that hath iurisdiction (to speake properly) whether it be that he have it in - his owne right, or from others, hathPower to commaund stil - annexed to iurisdiction. also (saith a certaine lawyer) all such - things as without which he cannot exercise that his iurisdiction; that is to - say, power to commaund: which is still said to be annexed unto iurisdiction, - and without which iurisdiction is but vaine and to no purpose. Whereof it - 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 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 - understanding of that is iust and right, who more truely are arbitrators by law - appointed, and not by the agreement of the parties, and yet are often called - judges. And therefore wee see the Vestall Virgins (in Liuie) which had polluted their viginitie, - to have beene alwaies chastised and punished by the Praetors of the citie, but - neuer by the bishops. And so when Publius Clodius was - about to have committed adulterie with Pompeia Caesars - wife, in the temple of the goddesse Bona Dea, the full - Senat had the determining of the matter, concerning the religion and sacrifices by him polluted. So in the - beginning of the Christian religion, the Christian bishops (as Augustine, Nicephorus, and Iustinian do witnes) had not so much as the least iurisdiction of any - matter, or the examination of the priestes themselves: howbeit that Iustinian graunted to them the examination of them that - were of their owne order and calling. Neither would our auncestors have any - part of commaunding power to be giuen unto bishops, and that the court of the - parliament of Paris, hath oftentimes by the decrees and ordinances thereof - witnessed. But why then (might some man say) do we see consistories, prisons, - examinations, and fines to be permitted unto bishops? What other thing else do - all these things declare, but a meere - commaunding power? Yea Philip the Faire, and king Lewes his sonne, granted unto the bishop of Paris power - to apprehend and arrest men offending in his Diocesse. Howbeit I suppose those - former things to belong rather to their vocation, than to their power to - commaund: for that the execution thereof belongeth unto magistrats: and yet - such power of staying and apprehending graunted to the bishop of Paris was by a - decree of the Senat forthwith againe from him taken. And although that not long - since Henrie the second had graunted unto all bishops - the power to stay and apprehend men for heresie and impietie: yet neuerthelesse - was that law shortly after againe abrogated. Yea the bishops themselves do in - their owne decrees professe themselves to have no - power for the execution of any thing: yet is it with vs permitted unto them, to stay and apprehend offendours, within - the boundes of their consistories and courts; so that they go no farther.

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And when as fines contrarie unto the lawes were by the Bishops vpon men - imposed, the Parliament of Paris receiued every mans free appeal from them: yea - and afterwards power was taken from them also, for calling of men before them; - which they call, A lively summoning or Citation. For there is an old decree yet - extant, whereby the Bishop of Paris was grieuously fined, for that he had used - 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 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 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 - for by the decree of Martin the fist Bishop of Rome; - which decree is yet extant in the publique records. Yea the Spaniards truely, - the most earnest defendours of the See of Rome, would not that their Bishops - should have to doe with any publique or priuat iudgements: except it were for - Religion and Church matters, of which opinion I see Felinus (a man skilfull in both the lawes, and a most subtill - interpretor of the Popes decrees) to have beene. And albeit that certain - ambitious decrees do giue unto the Bishop of - Rome more authoritie and power than to all other princes and people: yet pope - Innocentius the fourth, and every other good - expounder of the law, have long since reiected these decrees: with all such - others as have preferred the bishop of Rome before the Councell of other - Bishops and Princes. And Bartholus himselfe when he had - fearfully written, The subiects not to be guilty of treason, which for the - honor and wellfare of the Bishop of Rome had taken vp armes against their - prince; craued pardon for that his errour. Trulie in mine opinion it were - better and more profitable also for the Commonweal, commaunding power to be - giuen unto Bishops together with so great iurisdiction as they have: or else - that their iurisdiction, to be restrained unto the hearing of matters of - religion onely; as we see the auntient Romans, the Swissers, them of Geneua, and the Germans to have done. And yet the - censuring of manners is of necessitie to be giuen unto the Bishops: which - beeing once taken away, I see not what course would be taken for the punishment - of secret wickednes & villanie, whereof we will in place convenient - hereafter speake. Howbeit for all that, the imposing of fines is not to be - permitted unto bishops, or yet commaunding power to bee giuen them: For why - should the magistrat be enforced to put into execution the vniust sentence of - the bishop? for it is vtterly forbidden magistrats to enter into examination of - the bishops proceedings: except appeale be made as from the bishop abusing his - power, unto the more higher courts; which with vs is seldome done, for the - heauines of the penaltie, if it shall be found the appeal to have bene made - without iust cause: for so the interpretors of - both the lawes determine the acts of magistrats which have taken vpon them the - determining of things belonging unto the bishops, to be of none effect: as also - if such things chaunce to be discided in the bishops consistorie as belong unto - the magistrat, they confesse them to be to no purpose. So that if a Priest be - conuicted of incest, or of forgerie, before the magistrat, and confesse the - same, in the bishops consistorie no regard is had of such his confession made: - for so it is in the Popes decree expressed. But when this case had happened, - wherein the Popes Legat called before himselfe the acts and things done before - the magistrat, & disannulled the same: appeal was - made unto the parliament of Paris, where I remember it was long time - doubted, whether the euident proofes - wherupon the priest was before the magistrat conuicted, ought to be void or - not; for of the rest of the acts it was lesse doubted: wherein the court at - last iudged, That it was in the Councell to be discided. And againe when the - like case was in question before the criminall iudges, I my selfe being - present, the same court delayed againe the cause, and referred it unto the - Councell: least it should have seemed either to abrogate the ambitious decrees - of the Pope, or to giue unto the wicked licence to offend. For what could be - more absurd, than to suffer a priest by the law Cornelia conuicted of forgerie, - 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 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 - decree of the Popes law was with vs taken away. So by little and little are the - Popse lawes to be cut short and abolished. For at first in the beginning of the - Christian Church, the authoritie of Bishops was shut vp within verie strait - bounds, which Iustinian would have to extend farther by - this law by him made. Si quis aduersus Clericos, Monachos, - Diaconos, Asceterias, actionem habeat Episcopus iudex esto: sententiam vero - episcoporum magistratus exequitor: If any man have any sure against Clarkes, Monkes, Deacons, or other - the religious persons, let the Bishop be the judge, but let the Magistrats have - the execution of the bishops sentence: but the words of the law following▪ do - giue leaue unto the magistrat to examine the bishops sentence, except there bee - an other judge by the prince appointed. Which words have troubled many, - doubting whether they ought to put in executionWhether the - uill magistrat be to put the Bishops sentence - into execution, before he understand of the equi - therof or not? the bishops commaund or not, before they have - 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 - the thing it selfe, or of the matter of the iudgement, and that the iudgement - be not giuen contrarie to the Popes decrees, that then the magistrat ought not - farther to enquire of the cause. But if the bishop shall by his sentence go - about manifestly to infringe the popes lawes, whether the errour be in the - matter it selfe, or in the forme of the iudgement; that then the magistrat may - farther enquire of the sentence; that is, in case he abuse the popes authoritie - and decrees. The magistrat may also farther examine the sentence, if the bishop - shall in iudgement giue sentence contrarie to the lawes of the kingdome, - although he seeme to have grounded the same vpon the popes decrees: as indeed - many of their decrees are quite contrarie unto the positiue lawes of - Commonweales: in which case, the magistrat - shall not suffer the lawes of the kingdome to be infringed by the Popes - authoritie. In all other cases it is ment that the magistrat should faithfully - put the bishops sentence in execution: and so with vs we vse. The same law, and - like maner of proceeding the Easterne people vse also: with whom their Bishops - have the bare hearingThe positiue laws of a kingdome not to - be infringed by the Popes authoritie. of matters, and the magistrats - the execution: for which cause the bishops have neither sargeants nor - pursiuants, the chiefe tokens and marks of authoritie and magistracie.

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But yet question might be made whether all magistrates have iurisdiction and - power to commaund or not? for that M. Messala the - lawier, and M. Varro have left in writing, That some - magistrats had power to call men before them, and also to lay hands vpon them: othersome had power also onely to lay hands - vpon men: and other which had power to doe - neither the one nor the other: and that they which had power onely to lay hands - vpon men, had also onely a Sargeant and nothing else: and that they which had - power to doe both, had both Sargeants and mase-bearers: whereas they which had - 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 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 - sorts of Magistrats, in every kind of - Commonweale. For the great magistrats, that is to say, the Consuls,The power of the Consuls a other the - great magistrats in Rome. Praetors, and Censors; and amongst the - commissioners, the Dictator, and he whom they called the Interrex; then also - the Proconsuls, the Propraetors, and in generall all the Lieutenants & - Gouernours of countries, had power to call before them not onely the priuat - citisens particularly, but euen the lesser magistrats also: excepting the - Tribunes of the people, whose bodies (for that they were most sacred) it was - not lawfull to violate. Neither might these aforesaid magistrats onely summon - and apprehend men, but it was lawfull for them also to punish and imprison - them, and in briefe to pluck downe and raze their houses and pallaces, who - refused to obey these magistrats commaunding them. But the Tribunes of the - people had no power to call men before - - The the Tribun of the people in Rome. them, yet had they - authoritie to commaund any citisen to prison, yea euen the Consuls themselves. - So L. Drusus Tribune of the people cast in prison Philip the Consull, for that he had interrupted him as he - was speaking unto the people: which then by the law was death. Beside that it - was also lawfull for them to oppose thēselues not only against all the - magistrats, and the whole bodie of the Senat, but the opposition euen of one of - the Tribunes was of power to stay all the proceeding of the est of the Tribunes his fellowes in office: On which - 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 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 - themselves against the violence and abuse of other magistrats, and to giue ayde - and succour unto such as appealed being vniustly oppressed, and to imprison - 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 - 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 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 - the people, by taking from him his power and office; as by the request of Tiberius Gracchus, it was taken from Marcus octauius the Tribune, opposing himselfe against the law - Agraria, that it might not take place. And this is it for which a Tribune of - the people, speaking to the nobilitie said, Faxo ne iuet vox ista VETO, qua - Collegas nostros concinnentes tam laeti auditis, I will make (said he) that this word VETO shall not helpe, - wherewith you so merrie heare our fellowes in - office singing in accord together. And but a little after, Contemni iam Tribunos Plebis, quippe quae potestas iam suam ipsa vim - frangit intercedendo, non posse aequo aure agi, vbi imperium penes illos, - penes se auxilium tantum sit, nisi imperio communicato, nunquam Plebem in - parte pari Reipublicae esse, The Tribunes of the people (he said) now - to be contemned, as whose power did now of it selfe breake the strength of it - selfe, by opposing of it self against it self, that things could not be there - indifferently ordered, where the commaunding power was with the nobilitie: and - onely the power of giuing help with the Tribunes. And that the people could - neuer have like part in the Commonweale, except the power to command were made - common unto both. The Tribunes complained the people to have no magistrats - which had power to commaund: the Tribunes - (they said) to have power to oppose themselūes, and to yeeld the people - releefe, but yet to have no power to commaund; neither that the comminaltie - could be made equall with the nobilitie, except the offices and power to - commaund were made common unto both: and therfore they made request, That the - Consuls might be chosen as well out of the comminaltie, as out of the - 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 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 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 - commission from the magistrat, to call into iudgement the Consuls, Pretors, or - Proconsuls, or generally any of them saith hee, Qui imperium - habent, & iubere possunt in carcerem duci, which have power and can - commaund men to be laid in prison. And so wee conclude, that they which have - power to commit men to prison, although they have no iurisdiction, are in right - magistrats, as the Tribunes in Rome, the kings atturneyes in Fraunce, and the - three Auogadours at Venice. Neither do I in that agree with Plutarch, who saith in his Problems, That the Tribunes were no magistrats, for that they had neither - mase-bearer nor seat of Iuorie, the true markes (as he saith) of magistracie: - for why, they had sergeants, the token of their commaund; as M. Messala affirmeth. And lesse is it to the purpose, that hee - alleageth of Appius the Consull: of whom, contending - with one of the Tribunes in the assemblie of the people, Liuie thus writeth, Tribunus viatorem mittit ad - Consulem, Consul Lictorem ad Tribunum, priuatum esse clamitans, sine - imperio, sine magistratu, The Tribune sent a sergeant unto the Consull, - and the Consull sent a Lictor unto him again, crying out, That he was but a - priuat man, without power, without magistracie: For so the Consull said but to - impaire the power of the Tribunes. Which for all that was so great, as that Licinius Stolo one of the Tribunes, was so bold, as by - force to constrain - - Manlius the Dictator to depose himselfe of his - Dictatorship. Another of them also committed both the Consuls to prison, for - that they would not at the request of the Tribunes discharge ten souldiours - from going to the warres. Yet true it is, that the power of the ten Tribunes of - the people was shut vp and contained within the walles of Rome. And therefore - Mar. Fabius, and Luc. Valerius - the Consuls, seeing that theyThe power of the tribunes shut - vp within the wals of Rome. could not leuie their souldiours; for - that the Tribunes opposed themselves against them, commaunded their chaires to - be carried out of the citie, and so did there what they saw good. Yet - oftentimes the Tribunes tooke vpon them more than belonged to their place, or - than was by law permitted them, oftentimes propounding their edicts and prohibitions. Whereof Liuie - speaking saith, Communiter edicunt Tribuni - - - - ne quis Consulem faceret: si quis fecisset so id suffragium - non obseruaturos, The Tribunes generally forbad any man to giue his - voyce to the making of a Consul, but if any man so did, that they would have no - regard of any such voice giuen. Which was but an abuse, and presumption vpon - the power of the people, to forbid them the free and entire choice of their - magistrats: ouer whome in generall, albeit that no man could commaund, yet did - the Tribunes so do ouer euerie one of them in particular, although they could - by no right so doe. Moreouer they tooke vpon them the administration of - iustice, to all such as came unto them, as is if they had had power to call men - before them: as it is to be seene in Plutarch, where hee - saith, That the Tribunes administred iustice in the place which was called Basilica Porta. And Aesconius - Paedianus - - saith, Tribunos, Quaestores, - Triumuiros▪ Capitales non in sellis Curulibus sed in subsellijs iura - dixisse, The Tribunes, the Questors, and Triumuiri, judges of criminall - causes, to have administred iustice not in Iuorie chaires, (as the manner of - the great Roman magistrats was) but vpon their benches. And Appian also saith, Liuius Drusus the Tribune, - to have bene most diligent in the administration of iustice, and doing of right - to euerie man. Pomponius also reckoneth the Tribunes of - the people amongst the Consuls, Pretors, and other magistrats which administred - iustice unto the citisens and strangers in Rome. Wherefore Cicero saith them to have bene called Tribunes of the people, for that - they might examine the wrong done by the Pretors: which what manner of - examination should it have bene, if they had wanted iurisdiction? Yea they had - not onely taken vpon themselves - iurisdiction, but appointed also commissioners: and in many causes made them - whome they called Aediles aedituos, their deputies or - Lieutenants; which they could not have done, had they not had authoritie and - iurisdiction: For why, that authoritie thou thy selfe hast not, thou canst not - giue unto another. Howbeit yet all this their presumption was but vsurpation - and abuse; as Labeo the lawyer well shewed them, who - being sent for by them, would neuer (as we said) come before them.

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The same opinion we are to have of those officers or magistrats whome they - calledThe power of the . - - Aedules Curules, who had neither power to call men - before them, neither to attache any mans bodie; and therefore neither had - mase-bearer nor sergeant, (as Marcus Varro - - and Messalla have - noted) and yet by the sufference of the Pretors vsurped a great part of their - authoritie and iurisdiction. Which the Pretors of the citie oppressed with the - multitude of causes easily suffered, at the first committing unto them causes - concerning the sale or alienating of things mouable: who afterward tooke vpon - them to have to do with lands and things immouable also: and after that drew - unto them also the heating of courtisans and common harlots causes, who might - by no meanes set vp that base and filthie trade of life, but that they must - first openly professe the same before the Aediles, and that they would - 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 (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 - time also to represse the presumption and encroaching of the Aediles and - others, by decree appointed unto what summe, and what causes, their authoritie - was to extend: which yet they had not by their auntient institution, and much - lesse to call particular men before them, or to commit - them, although they had power to call a generall assembly of the common - people.

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As for the Questors, I see not that they euer had, or yet tooke vpon them to - haveThe power of the Questors. had any - iurisdiction or power to commit men: for so Varro saith, - that they had not: albeit that the yeare after their office expired, they had - sometime the gouernment of some prouince bestowed vpon them: as Gracchus the younger after his Questorship had the - gouernment of Sardinia giuen unto him. From which time they had as much and - more power in the gouernment of the prouinces committed unto them, than had all - the magistrats in Rome: but that was not by way of commission, as had all the - rest of the gouernours of prouinces.

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As concerning Censors, Fr. Ottoman, and Carolus Sigonius (both of them most skilfull - - The power of the Censors. antiquaries) say, That they - had well as they writ, Potestatem, sed non Imperium, - (that is to say) power, but not commaund a thing altogether impossible: for - that the word Potestas (or power) in termes of law, or - in the person of a magistrat, importeth alwayes with it power to commaund. And - namely Vlpian, where he saith, That the gouernour of a - prouince had almost ample iurisdiction and power of life and death; calleth it - properly by the name of Potestas. And wee oftentimes in - antiquities read, the Censors Edicts, that is to say, their commaundements and - lawes. Varro also and Messala - call the Consuls, Censors, and Pretors, Maiores - Magistratus (that is to say) greater Officers; and the rest, Minores, or lesser. And saith moreouer, That it was not - in the power of the Pretors (who yet had both iurisdiction and commaund) to - assemble the armie of the citie, which the - Censors might, Praetori exercitum vrbanum conuocare non - licere: Consuli, Censori, Interreg, Dictatori - licere, He said it not to be lawfull for the Pretor to call together - the armie of the citie; but yet to be lawful for the Consull, the Censor, the - Interrex and the Dictator so to do. And at such time as Hannibal besieged Rome, there was an edict made, That all such as had - bene Dictators, Consuls, or Censors, should have a commaunding power, vntill - such time as that the enemie had raised his siege. Placuit (saith Liuie) omnes qui antea Dictatores, - Consules, Censoresue fuissent, cum imperio esse donec hostis a muris - discessisset. Which they would not have done if the Censors had not had - a commaunding power, whilest they yet were in their office; especially seeing - that they which had bene Pretors, had no such power giuen them. Besides - that, if the Tribunes (whom Varro putteth in the number of the lesser magistrats) had - power to command, why should not then the Censors so have, whome he calleth the - Greater Magistrats? Yea that more is, Plutarch giueth - more authoritie and powerPlutarche noted. unto the - Censors, than to any other of the Roman magistrats: yet attribute I no so much unto his writings, but that I see him being a - Grecian, to be oftentimes deceiued in the antiquities of the Romans. Wherefore - that is it which hath deceiued many, that the Censors, although they had power, - yet had they no iurisdiction: albeit that Onophrius - writ, That the Censors in some cases, and for some crimes had power to condemne - men: but what those cases or crimes were, hee sheweth not. For either - they must have bene publike crimes, or - priuat crimes: of priuat crimes the Pretor of the citie iudged, but of publike - crimes the Pretor of the publike iudgements, and Triumuiri of criminall and - capital causes determined. True it is, that the Censors were controllers of the - peoples manners: but there is great difference betwixt the iudging of criminall - causes, and the reprehending of mens manners and behauiours. And therefore Cicero said, The Censors iudgement, no farther to touch - the partie by them condemned, than to make him blush. And that therefore, as - all that the Censors iudgement concerned onely a mans name and credit, so it - was called an ignominie or discredit, but not an infamie. For why, he saith - not, That the Censors touched any mans honour, to the intent to note it with infamie, but rather with a certaine ignominie, - or kind of disgrace, - - Ignominie is a kind of disgrace; but not the same that - infamie is. which many have rashly abused for infamie; howbeit that - there is great difference betwixt infamie & ignominie. Carolus Sigonius hath therein erred defining ignominie to be an - infamie: and in the same place saith, That there are certaine capital causes, - which draw infamie with them, and yet without crime, contrarie to the - principles of the law: Whereby we are taught, that he which is by publike - iudgement for any crime condemned, is thereby become infamous: And that the - souldiour for his fault worthily by his captaine cassired, was thereby become - ignominious, but not infamous, vntill that by the Pretors expresse edict he - were so declared. The auntient doctors of the law have called Ignominie, the - infamie of a fact done: Whereof Cassius the lawyer - saith, That he thinketh that a Senator put out of the Senat, can neither bee - judge, nor beare witnesse, vntill he be againe - restored: howbeit he doth say, That hee doth but thinke so. Which phrase of - speech Vlpian also vseth, when as he saith, Se putare ei quae in adulterio depraehensa est & absoluta: - notam obesse, That he did thinke, that unto her that was taken in - adulterie and acquited, yet the note thereof was a blemish. For certaine it is, - that he which is by iudgement acquited, is safe from the infamie of the law, - but yet not from the ignominie of the fact. And Calistratus saith, That hee did also thinke the honour and reputation - of a man to be impaired, Quando quis ordine mouetr, when a man is put out of his place. Festus Pompeius also setteth downe three sorts of - militarie punishments, viz. Deprehensa, castigatio, - ignominia, Deprehensa, saith he, is greater than castigatio, and lester than ignominia; and - aboue all these the law addeth infamie. For - otherwise if infamie, and the Censors note of ignominie were all one, the - threescore and foure Senators by Lentulus and Gellius the Censors at once displaced and thrust out of - the Senat, as also the foure hundred knights, who by Valerius andThat men may be noated with ignominie - and so disgraced, and yet not thereby become infamous. - - Sempronius the Censors were cassired, and their horses - and publike wages taken from them, had bene also infamous. Yea that more is, - all the people of Rome had beene noted with infamie, by the censure of Liuius Salinator, who rased and noted all the tribes, and - as Valerius Maximus saith, Inter - aerarios retulit, put them all from their freedome, and made them to - pay all duties as straungers; For that they had by publike sentence first - condemned him, and afterward made him Consull and Censor: only the tribe Metia he excepted, which had neither condemned - nor acquited him, neither thought him worthie of those so honourable offices in - the Commonweale. Hee also afterward noted Claudius Nero - his companion in the Censorship, who also requited him againe with the like. - VVherefore Cicero speaking of the Censorship, thus - saith, pro Cl▪ - - Illud commune proponam, nunquam animaduersionibus Censorijs - hanc ciuitatem ita contentam, vt rebus iudicatis fuisse, I will (saith - he) set before you that common matter, this citie neuer to have bene so - contented with the Censors animaduersions, as with iudgements. And bringeth for - example C. Geta a Senator, who by the Censors thrust out - of the Senat, was afterwards himselfe made Censor. And after that he addeth, - Quod si illud quoque iudicium putaretur, vt caeteri turpi - iudicio damnati in perpetuum omni honore ac dignitate priurentur, sic hominibus ignominia notatis, neque ad - honorem, neque in curiam - - - - reditus esset: timoris enim causam non vitae poenam in illa - potestate esse voluerunt. Quare qui vobis in mentem venit haec appellare - iudicia, quae a populo Romano rescindi, ab iuratis iudicibus repudiari, a - magistratibus negligi, ab ijs qui eandem potestatem adepti sunt solent - commutari? If that (saith he) should also be thought a iudgement, as - others with infamous iudgement condemned, they should for euer be depriued of - all honour and dignitie: so unto men (by the Censors) noted with ignominie▪ - should bee no meanes for them againe to returne unto their honour, o into the court: For why, our auncestors would cause of - feare, but not danger of life to be in the Censors power. Wherefore how came it into your mind, to call these iudgements, which may - by the people of Rome be reuoked, by the - sworne judges be reiected, by the magistrats bee neglected; and of them which - have obtained the same power be vsually changed. Wherby it euidently appeareth - the Censors to have bene without all manner of iurisdiction. For the Pretors - had the hearing and examination of the suits of the farmars of the publike - reuenewes of all such things as concerned tributes, rents, writings, - repairations, and farming out of publike things, made or done by the Censors: - for that the power of the Censors was quite different from the iurisdiction of - the Pretors. And so with vs (here in Fraunce) power is giuen unto the - gouernours of prouinces, but yet without iurisdiction: except it be, that they - by consent of both the parties, take vpon them to decide or determine any - matter. And so we may in like sorsay, That the - Censors had power to commaund, but without any - iurisdiction.

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There were also other magistrats in Rome, which had power to command, and - iurisdictionThe power of the Triumuiri Capitals in - Rome. also in criminall causes, as those whome they called Triumuiri Capitales, whose power and authoritie extended - yet onely unto straungers or Slaves: except perhaps such were the vnworthiuesse - of the magistrats, and their corruption, or offence so great, as that the other - magistrats did willingly winke at the proceeding of these Capital Triumuiri, - & at the publike punishment by them taken vpon such notorious offendors. - These Triumuiri beside this had also the putting in execution of all the - capitall iudgements of the people, or of the other magistrats.

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Now by this discourse of the Roman magistrats and their power, it appeareth, - that in Rome there were some magistrats, who - at the beginning of their first institution had no power or commaund, or els - power yet without iurisdiction; and yet to have atNo - magistrat without power length vsurped both. Howbeit I deeme not them - to be called Magistrats, which have no power; well they may enioy some publike - honour or charge, but no magistracie. For the true proprietie of the word - Magistrat, importeth and draweth with it a power to commaund. And he that will - have regard unto the phrase and manner of speech of the auntient Latines, and - especially of the lawyers, shall find them to have called the offices with - honest charges in the Commonweale, by the word Honores, - Honor (saith Calistratus) est - administratio Reipublicae cum dignitate, Honour is a gouernment of the - Commonweale with dignitie or reputation: and those which beside their honor had - power also to commaund, them they noted by - the word Imperia. As in Liuie we - see the nobilitie to complaine in this sort, Salios, ac - Flamines sine Imperijs as potestatibus relinqui, The Salij and Flamines - to be left without command, without power: understanding by the word Imperia, the great estates of the citie, whether it were - by commission, or by office, such as had Mase bearers and power to commaund - allowed them. And by the word Potestates, meaning the - gouernours of prouinces, whome Vlpian the lawyer in - proper tearmes calleth also Potestates. VVhich also Alexander Seuerus the emperour meant, when he with a loud - voyce saith, Non patiar mercatores potestatum, I will - not suffer the buiers of the gouernments of prouinces. - -

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Now as a man may have a publike charge without honour, as Criers, Sargeants, - Trumpetors, (which in auntient time were Slaves, & of the magistrats - familie without title of office) and especially the towne clarkes and notaries - unto the magistrats, or Commonweale, vntill the time of Valcntinian, who forbad Slaves any longer to have that charge. So a - 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, 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 - - The great diuersitie of magistrats in their honor, power, - and authoriue. yet without iurisdiction: as the Tribunes of the - people, the Censors, and our Gouernours of countries, together with the kings - Attourney. Some others there bee also which have ordinarie, and honorable - publique charge, and power to commaund with iurisdiction: and those are they, - whom properly we call Magistrats: such as were the two Consuls and Praetors; - who were encreased euen to the number of sixteene. As for the Dictators, - Gouernours of prouinces, and those whom the Romans called Interreges: and Praefectos vrbi Latinarum feriarum - causâ: they had more power and authoritie, then all the other - magistrats we have spoken of: yet were they not magistrats, but commissioners - onely, as we have before showed: albeit that some called them by the common - name of Magistrats; but yet not they which knew how properly to speake. And so oftentimes it happeneth that they which - have the greatest honors, are yet destitute of all power and commaund: as - amongst the Venetians the Chauncelour is created out of the people, which is - with them the greatest honour; and yet without any power. So the Procurators of - S. Marke, are also (with them) highly honored, and in all Commonweales the - counsellors of estate, Embasladours, Bishops, and prelates, who have no - commaund, and yet are more respected, than the other little Prouosts, and - diuers other judges, which have power to commaund, and iurisdiction to discide - controversies, with administration of justice both high and low.

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There are also publique charges, who have neither honour nor commaund, but - rather - - Certaine publi charges - dishonorable. to the contrarie draw after them a certain kind of - dishonour: as the Hangmans office; who after the charge committed unto him for - the execution to death, was by the Praetors edicts commaunded still to lodge - out of the citie: a custome yet observed in Tholouse, and in diuers other - 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 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 - diuersitie of the publike charges, which - euerie one of them hath: some in matters of religion, other some in the - affaires of state; these have the administration of iustice: others have the - charge of the publike reuenewes, some of the fortification and repairation of - publike places, and others the prouision of victuals, and other things - needfull: these have the mannaging of the warres, for the defence of the - subiects against their enemies: these the care of the publique health and - welfare of the people, and these the ouersight and charge of the high waies, - riuers, forrests, ports and passages: all which publicke charges may bee giuen - either in title of office, or in commission, or simple dignitie without - commaund: or els with a commanding power also, or only by way of the execution - of the commaunds of others, such as are the magistrates ministers, towne clarkes, notaries, vshers, surueyers, sergeants, - cricrs. Which so great a mulritude of honours, offices, and publicke charges, - to comprehend under the simple name of magistrates, or as the Greekes call it - , were but to - confound the whole discourse of publicke honours and offices, of all - magistrates and commissioners together.Three things - especially to be respected in the creating of Magistrats & officer in euerie Commonweale. - -

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Wherefore in euerie Commonweale for the creating of magistrats and officers, - and such as are to be imploed in common charge, three - things are chiefly to bee respected: First them that have the choyce and - creation of them: then of what manner of persons - choice is to be made: and thirdly in what maner and forme they are to be - created or chosen. As for the first, it is a - thing belonging onely unto the soueraigntie, as we have in due place declared. - And the second, although it most properly belong also unto soueraigntie, yet - for the most part it ordinarily followeth the lawes to that end and purpose - established, and especially in the Popular and Aristocratike estates: wherin - (as generally in all sorts of Commonweales) offices, and publike charges are - giuen unto men, either for their vertue and wisedome, or else for their wealth, - or for their nobilitie; or indifferently for all these things together; for why - there is no Commonweale so barbarous, which hath not some regard of these - things in bestowing of the offices and publike charges of the state: but which - of these considerations were most to be respected, belongeth not to this place - to discusse. And as concerning the third - point, which is the manner and forme for the choice and creation of magistrats - and officers, it is of three sorts: For either it is done by election, or lot; - or by a mixture of both together. Election is made either by lively voyce, or - by holding vp of hands, (which the auntient Greekes called ) a thing yet used - amongst the Swissers: or else by tables or billets, by beanes or stones, and - that in two sorts, viz. by open, or by secret suffrages. - By lot choice is made of one, or mo of the citisens to be magistrats, or out of - all sorts and degrees of the people, at a certaine age, by the laws appointed. - Now as for choice to be made by election and lot mingled together, although it - be a thing not much used in auntient time, yet is it now at this present a a - thing most common in Aristocraticall estates, and especially in Genes and - Venice. As the Romans alwaies also did in - making choice of the judges of capitall causes, concerning life and death; who - were by lot drawne onely out of the order of the Senators, before the law - Sempronia, or out of the orders of the Senators and the knights by the law - Sempronia also; or out of both those orders, and the Tribunes of the common - treasure, by the law Aurelia, the people being still excluded. But in a Popular - estate, either must all the citisens together iudge of euerie one in - particular, or of the lesser part together, and that without lot or election. - (For where the whole multitude of citisens have authoritie and power, there is - no place left for election or lot:) or else must some citisens by lot, or - choice, or both drawne out, iudge of every man in particular: or - some, of some chosen by lot or election - onely, or by both together; or else some partly by lot, partly by election - taken our of all the estates of the Commonweale, to iudge of some of the other - citisens; or else some by lot drawne out of all, with some other taken out of - one or many estates of the Commonweale: or part by lot and election drawn out - of all, and other part out of a certaine order of the citisens. And thus much - concerning all the meanes that can be imagined concerning the varietie of them - which have any publike charge: and for the estate, qualitie, and condition of - euerie one of them, with the forme of their calling and imploiment.

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- - Aeschines the orator, diuiding the offices and publike - charges of the Athenians, hath cut them much shorter, and more obscurely - reckoned them vp, than was fit for so great a - citie, considering that therein were moe magistrats and officers, than in any - other Commonweale that then was, for the greatnesse thereof. Hee said, That - there were therein three sors of officers: one sort of them which were taken by - lot or choice; another of them which had publike charge aboue the space of 30 - dayes, such as were they which had the ouersight of publike repairations and - buildings; and the third sort, of such as were by the auntient lawes appointed; - as commissioners chosen for the warres, or for the administration of iustice, - such as were the magistrats. But by this diuision cannot the diuersitie of - magistrats and officers be iudged, no more than by that of Demosthenes, (altogether different from that of Aeschines his aduersarie.) For hee saith them - onely to be magistrats, which were by lot drawne in the temple of Theseus: or they to - whome the people had giuen extraordinarie power to commaund, or made choice of - for captaines. The diuision also of Varro, and Messala, is also too short, who make but two sorts of - magistrats in Rome, viz: the great and the little. The - great magistrats they called the Consuls, the Pretors, and Censors, as chosen - by the great estates: and the other they called the little, as chosen by the - common people; the ceremonie of their soothsayers diuination being more solemne - in the choice of the greater, than in the choice of the lesser. But better it - were to search and find out the essentiall diuisions of magistrats, and such as - might serue in euerie Commonweale; as are those by vs alreadie set downe, - concerning the charge of magistrats. VVee may also otherwise diuide magistrats - into three sorts, in respect of their power. The first may bee called - Soueraigne Magistrats, as owing obediēce - unto none, but unto the soueraigne maiestie onely. The second are lesser - Magistrats, who owe obedience unto the soueraign Magistrats, and yet have - commaund ouer other magistrats also. The last sort are they which owe obedience - unto other superiour Magistrats, and yet have no commaund but ouer particular - persons onely. Let vs then in order speake of these three sorts of Magistrats, - and first of the obedience of Magistrats towards their Soueraigne Prince.

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- - - - CHAP. IIII. ¶ Of the obedience that the Magistrat oweth - unto the Lawes and Soueraigne Prince. - -

- - SEeing that the Magistrat next unto the Soueraigne - Prince, is the principall person in the Commonweale, & vpon whom they which - have the soueraigntie discharge themselves, communicating unto him the - authoritie, force, and power to commaund: it is good reason before we passe - further, briefly to touch what obedience he oweth unto his Soueraigne Prince; - which is the chiefe part of his dutie. Now in this the Prince and Magistrat, - and both of them do most differ from a priuatHow much a - prince differeth from a magistrat, and both of them from a priuat an. man: for that the Prince seeth no man in - the state or Commonweal, whome he may compare - or preferre before himselfe; but as one placed in a most high degree, and next - unto the immortall God, beholdeth all his subiects set a great way beneath him: - wheras the priuat man cannot by any publike right commaund ouer any other - subiect, although that he by priuat and domesticall commaunds rule and gouerne - his owne familie. As for the Magistrat, for that he is to regard many persons, - hee must oftentimes change his port, his gesture, his speech and countenance, - for the good performance of his dutie towards all: which no man can well - 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, 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: - whereas if he bee otherwise, hee debaseth not only the authoritie of his place - and office; but euen of the maiestie of the state and Commonweale. So Liuie speaking of Quintus - Flaminius, a man vnworthy his high place, saith of him, Non qui sibi honorem adiecisset, sed indignitate sua vim ac - ius Magistratui quem gerebat dempsisset, That hee had not (by his office) encreased his honour; but by the - vnworthinesse of himselfe, impaired the force - and power of the office which he bare.

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Now the better to know what obedience the Magistrat oweth unto his Soueraign, - 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 - seruing for perpetuall edicts or lawes concerning all persons, of what - condition or qualitie soeuer they bee; or but for certaine persons, and for a - certaine time, by way of prouision: othersome containe some priuilege or - exemption contrarie to the edicts or lawes, for some one onely, or for some few - of the subiects: or some graunt not contrarie unto the law, or some reward for - the good, or punishment for the euill, or some office or commission; or else - serue for the expounding of some edict or - priuilege, or for the denouncing of warre, or the making of peace, or for - raising of souldiours, or for the erecting of Faires or Markets, or for the - leuying of taxes, subsidies, fifteenes, new impositions, or loanes: or for the - sending of ambassadours to congratulat the good haps of other princes; or to - mone their misfortunes, or to entreat of marriages, and alliances, or other - such like things; or for the building or fortifying of places to be fortified, - 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 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 - be for some gift giuen, or for exemption and immunitie from all charges, or - 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 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 - and letters pattents of the Greeke emperours. Yet the letters of grace, or - which proceed from the onely power and authoritie of the prince, are properly - in Fraunce called Mandements, or Commands; and - the secretaries which dispatch them are also called the Secretaries of the - Commaunds: whereas the letters of iustice are most commonly dispatched by the - other secretaries; beside the difference of the great and little seale, and for - the most part the diuersitie of the waxe: or the single or double labell, or - the seale hanging in silke of diuers colours, making the difference of the - letters to be knowne. The auntient Latines called such instructions as were by - princes giuen to their ambassadours, or gouernours of countries, or generals of - their armies, Mandata Principum, or Princes Commands, - which we do call by the name of of instructions: For so the word Mandat - - is taken in the law, where Iustinian the emperour - saith, That hee had made a booke of Mandats or - Commaundements for the gouernours of prouinces.

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But leauing the subtilitie of words, let vs go unto the matter, and examine the - forceThe power and force of certaine clauses commonly set - down in the letters patents, and princes Mandats expounded. of the - clauses commonly set downe in the letters patents and mandates of princes. And - first these wordes, Vniuersis praesentibus & futuris - (To all men present and to come) are ioyned onely unto such letters patents as - are to endure for euer: (howbeit that no worldly thing can so for euer - continue) but not unto temporarie edicts made by way of prouision, nor to - commissions, nor to any other letters of prouision. But this clause, Quantum satis est &c. (so much as shall suffice) is - of much greater importance, & ordinarily ioyned - unto letters which they call letters of iurisdiction or iustice, whereby the prince leaueth unto the discretion of him - to whom such his letters are addressed, to allow of them, or to refuse them, as - his conscience, and the equitie of the cause shall require: which is not in - letters of commaundement which leaue nothing unto him to whom they are - directed, except happily sometimes the examination of the fact onely: as in - these words, Si paret &c. (If it shall appeare unto - you &c.) In suchThe princes charters or letters of - iustice no commaunde unto the magistrat to whom - they are directed sort that one may say of all sorts of charters or - letters of iustice, albeit that they be granted by the prince, that they import - not any commaund or constraint whatsoeuer unto the magistrat to whom they are - directed: But to the contrarie, that by our lawes and customes it is most - religiously prouided, that the magistrats or judges should unto such charters - or letters have no further respect, than in that they were agreeable with - equitie and trueth. And although that the - same forme of letters of justice, be graunted in England, as also in Spayne, - and other kingdomes; yet so it is neuerthelesse, that it is done rather for the - particular profit of some one, than for the greatnes or increasing of the - maiestie of the king, (who graunted them by way of benefit unto the partie) or - for any necessitie there is thereof: seeing that the whole is remitted unto the - power of the magistrat, after the graunting of such letters, which was not - before the graunt thereof. Which was the cause that the people in the assemblie - of the Estates in parliament at Orleans, presented a request unto the king for - the cutting off of this formalitie of letters: as seruing not but to the - oppressing of the people, without any profit therout of to be drawne unto the - king or Commonweale. The auntient Greeks and Latins also neuer knew this forme of letters of iustice: but the - magistrats vpon the request of the parties did as much as do our judges vpon - the graunt of such letters of iustice. And the clause, Quantum satis erit quod liqueat (so much as may suffice for the - manifesting of the matter) is the same which was conteined in the Praetors - edicts, in this forme, Si qua mihi iusta causa - videbitur, (if any iust cause shall seeme unto me.) True it is that the - power to correct, supply, and expound the lawes, concerning the civill - iurisdiction, together with the restitution & relieuing of them which had - beene circumuented, or deceiued by the formalities of the lawes, (a power - before giuen unto the Praetors by the vertue of their office) resteth now (I - know not how) amongst the marks of soueraigne - maiestie; and for this cause the Praetors authoritie and lawes were called - honorable; which the interpretors of the law call Nobile - officium. Wherefore as offices are confounded, when as the prince - conuerteth unto himselfe such things as belong unto the magistrat▪ euen so also - are the rights of soueraigntie impaired, when as they are by the magistrats - vsurped. Now as for the declaration, and correcting of the edicts and lawes, we - have before said that it appettaineth and belongeth unto them which have the - soueraigntie: But as for restitutions against the extremitie of the law, and - 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 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 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 - the maiestie of kings be in this respect empaired or diminished? seeing that - the auntient kings of Aegipt caused their magistrats solemnely to sweare,A notable - - neuer to obey their commaundements, in case they commaunded them any - thing that was vniust: as we read in the sayings of - the Aegiptian kings reported by Plutarch. - - Seeing therefore that the allowance or - reiecting of letters of iustice directed in the kings name unto the magistrats, - dependeth of the equitie and discretion of the magistrats themselves, it - needeth not vs to speake any more thereof. Wherefore let vs now proceed to - those rescripts or letters of commaund, which for that they concerne the state - of the Commonweale, and publique and not priuat causes, are called rescripts of - State; or letters of commaund or state. Concerning which, a double question may - be made: One whether such Rescripts or letters of the prince, containing onely - the simple examination of the fact, without giuing any further hearing of the - matter unto the magistrat, according to the desert thereof; whether (I say) the - 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 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 - they shall be thereunto by the prince more straitly vrged, or expresly - commaunded: For sometime princes by their particular and secret letters, vse to - request the magistrats; so with couert requests accompanying their vniust - commaunds: yea oftentimes in their letters patents their requests are ioyned - with their commaunds, because they would not seeme to wrest all things from - them against their wils; but to request many things of them: as when they say, - We pray and commaund you, wherein the prince seemeth - as in nothing more to derogate from his soueraigne maiestie: for if the thing be iust and honest which hee - commaundeth, what needeth requests? if vniust or dishonest, why doth he - commaund it? Now the magistrat is neuer to be requested to doe his dutie, or - intreated not to doe wrong, or that which is vniust or dishonest, as Cato the Censor saith. Besides that, to commaund is a - thing incompatible with request. It is wisely said, ,Princes requests to - have the power of the most strait cōmaund. Tyrants requestes to bee - commaunds: wherefore let vs suppose nothing to be more straitly commaunded, - than that which the prince seemeth by fyled speech or intreatie to persuade. - Wherefore to resolue this point, if the princes letters giue unto the magistrat - neither the examination nor the hearing or disciding of the fact, or of the right and truth of the cause, but that onely - the execution of the princes commaund be unto him committed: the magistrat in - this case may not in any sort take vpon him the examination or hearing of the - matter; except the letters of commaund be notoriously false, faultie, or - absurd, and contrarie to the lawes of God and nature (as we read of the - commaunds of Pharao and Agrippa:) - or else to robbe and spoile the poore people; as in our time Albert Marques of Brandeburg, who amongst other his notable cruelties, - set vp sundrie gibbets in all such townes and cities as he had taken in, - threatning his souldiours to hang them thereupon, if that contrarie to his - commaund they should spare to robbe and spoile the poore inhabitants: albeit - that he had neither true, nor yet any colourable cause, for his taking vp of - armes against his countrey. Now if a man - subiect unto a particular Lord or Iustice, be not in law or right bound to obey - him passing the bounds of his territorie, or the power to him giuen, (albeit - that the thing which hee commaundeth be both iust and honest) but may well - refuse his commaund: how should the magistrat then be bound to obey or to put - into execution the princes commaunds in things vniust and dishonest, the prince - in this case transgressing and breaking the sacred bounds of the lawes both of - God and nature? But some will say, no prince to be found so euill aduised, nor - that it is to be supposed that he would commaund any thing contrarie unto the - lawes of God and nature: and true it is; for why he worthily loseth the title - and honour of a Prince, which departing from reason, - and forgetting the dutie of a prince, breaketh the lawes of God and nature.

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We have before (as we suppose) sufficiently enough declared, what and how - 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 understood what obedience - is by the magistrat due unto the soueraigne maiestie, except the rights of - 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 - execution, than they were by the princes commaunded. As not long agoe in the - time of the civill warres, (wherewith all - Fraunce was on a light fyer) the president of the court of Normandie (whose - name deserueth to be buried in perpetuall obliuion) beeing commaunded - extraordinarily to leuie thirtie thousand crownes of them which professed the - reformed religion, extorted from them three hundred thousand; and for so doing - (the calamitie of the time considered) receiued a great reward. Howbeit that - Tiberius the emperour (a man of incredible crueltie) - sharply reproued the gouernour of Aegypt for exacting more of the subiects than - he was commaunded: saying, Tonderioues meas non cutem detrahi - volo, I would have my sheepe shorne, but not flaine. If therefore the - commaundement of the prince be not contrarie unto the lawes of God and nature, - the magistrat is to put it in execution, although it seeme to differ from the - lawes of other nations: which lawes it is not - against nature for the princes to chaunge, for the profit or disprofit of their - Commonweales. For albeit that the princes (as wee have said) ought to keepe the - oath by him made unto his people, if hee have so bound himselfe by oath; and - although hee were not by oath so bound, yet neuerthelesse of duetie ought to - keepe the lawes and customes of the estate and Commonweal whereof hee is - soueraigne: yet for all that wee must not thereof conclude or gather, That if - the prince doe in that case commaund any thing contrarie unto his oath or the - duetie of a Prince, that the Magistrat is therefore to refuse to obey his - commaund. Forasmuch as it belongeth not unto the Magistrat to examine or - censure the doingsThe is noto censure his princes cōmand, beeing not - contrari unto the lawes of God & - nature. of his prince, or to crosse his proceedings concerning mans - lawes, from which the prince may as he seeth - cause derogat. Yet if the Magistrat bee commaunded by the Prince to abrogat an - auntient law, being more vpright and profitable to giue way unto another lesse - iust, and lesse profitable for the Commonweale; he may stay the execution of - such a law or commaundement in suspense, vntill he have shewed his reasons - 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 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 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 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 - rashly presume to breake the sacred lawes of God and nature.

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- - Now if any man shall obiect and say, That the emperour - 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 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 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 - long before this Theodosius the Great, at the request of - Saint Ambrose the good bishop of Milan, made a law, - whereby he willed, That the execution of his letters pattents and commaunds, - should be holden in suspense thirtie dayes after the signification thereof, - when he had commaunded any to be more rigorously punished than the vsual manner - and custome was. The occasion of the making of which law was, the execution of - seuen thousand Thessalians, put to death by the commaundement of this Theodosius, for that they had murthered and slaine - certaine of his Receiuers and Magistrats. For which cause Saint Ambrose excommunicated the emperour, neither would suffer - him to be reconciled, vntill he had made - the aforesaid law. And hereof (as I suppose) proceed those rescripts, which are - yet used by the bishops of Rome: the first called Monitorie, the second Iussorie, and the third - Executorie; or as we say in English, Edicts of - admonition, of Commaund, and of Execution.

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The same opinion we are to have, if the prince by his letters patents command - theHow the Magistrat commaunded by his prince to put in - execution old penall lawes, now of themselves or through the negligence of - the magistrats forgotten, is to proceed in the execution thereof. - Magistrat to proceed to the execution of the penaltie vppon them that have - offended against such his edicts and lawes, as by the antiquitie of themselves, - or by the negligence of the Magistrats seeme to have bene quite forgotten and - abrogated. For why, the long sufferance of the prince, and conniuence of the - magistrats, in the sight and knowledge of - whome the lawes are so broken, remitteth the penaltie due by the law: which - could not otherwise have bene infringed, by the abuse of them which - transgressed the same, had it by the prince or magistrat bene still looked - unto. And therefore the magistrat ought not rashly to proceed to the execution - of the penaltie of such forgotten or neglected lawes, before he have caused the - same to be againe republished, being by his default before neglected. Yea the - prince ought rather to proceed against his magistrats, who through their - remisse negligence have suffered his edicts and lawes to be contemned. For - otherwise it should be a thing verie vniust and sauouring of tyrannie, to make - edicts and lawes, and after long neglecting of them, vpon a sodaine to proceed - against them, who by the example of others, had transgressed against them, - seeing others before them to have escaped - vnpunished. Which was one of the tyrannicall slights of the most cruell - emperour Nero, as of other auntient tyrants also. Wheras - the good emperour Traian to the contrarie commaunded Plinie gouernour of the lesser Asia, of new to publish - such edicts and lawes as were any wise before buried in obliuion, by the - disobedience or errour of his subiects, or the sufferance of the magistrats: - for that a common errour is reputed for a law, if the errour bee not against - the law of nature, against which no errour can probably be pretended.

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But some man may aske, Whether the magistrat owe obedience unto such his - princes commaunds, as shall unto him seeme contrarie unto the law of nature, - albeit that indeed they be not contrarie thereunto? - For the equitie and reason which we call - - The -ture not - cleare and fest. naturall, is not alwaies so - cleere and manifest, but that it findeth impugners. Yea oftentimes the greatest - lawyers and philosophers are therein intangled, and of quite contrarie - opinions, and the lawes of people are therein sometime so repugnant, as that - some of them appoint reward, and some others punishment for the selfe same - fact, whereof bookes, lawes, and histories are ful, all which to prosecute were - a matter infinit. Wherunto I aunswere, that if that which the auntients say may - take place, a man neuer ought to doe that whereof he doubteth, whether it be - iust or not; and much lesse ought hee so to doe, if he be thereof certainly - persuaded that the thing which the prince commaundeth, is of it selfe by nature - vniust. But if question be of civill iustice onely, theThe - magistrate bound in ciuil causes to put his princes commaunds in execution, - although they seeme unto himselfe vniust or contrarie unto lawe. - magistrat ought in such case to verifie and put in execution his princes - commaunds, although he thinke them to be in - civill equitie or law vniust. And therfore the magstrats in euerie Commonweale - were compelled to sweare to obserue the lawes and ordinances; to the end they - should not call into dispute or question, that which they ought to hold, as - before resolved vpon. And this was the manner and custome of the Romans when - 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 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 - vpon the paine of banishment. So L. Metellus Numidicus - was by a decree of the people banished, for refusing to sweare unto the lawes - published at the instance of the factious Tribune Saturninus. So also after that the lawes of Lewes the twelfth were published in the high court of the parliament - of Paris: for that many disliked of the same, the kings atturney generall there - made a request, That they might be duely observed, and prohibition giuen for - any man to call them in doubt, and that vpon paine of high treason; as is to be - seene in the records of the court. For why, it is lawfull forLawes once established ought not by prinat persons to be againe called into - dispute or question. euerie man before the publishing of the law, to - despute and reason of the equitie thereof: which to doe after the publication - thereof, is not lawfull. And so, before that, when as king Lewes the eleuenth had - commaunded certaine vniust decrees of his to be published in the court of the - parliament at Paris: the court refused to yeeld thereunto, for that they seemed - unto euerie man vniust: but the king neuerthelesse still vrging his former - requests, ioyned thereunto grieuous threats also; as that they should loose - their heads that would not yeeld thereunto. Which thing Lauacre, president of the parliamentA notable example. understanding, accompanied with the - rest of the judges of that honourable court in their red robes, came unto the - king, not to excuse the fault by him and the rest committed, in refusing the - kings vniust decrees, but to show the reasons of their such refusall, and to - request, That he with the rest might rather bee put to death, than enforced to - giue their consent to the publishing of the propounded lawes. The king - beholding the grauitie, the port, and dignitie of these persons, and almost - abashed with the so constant resolution of - such his great magistrats, and withall doubting the power and authoritie of the - parliament, caused those his decrees so much misliked, to bee abrogated, and in - their presence torne in peeces, requesting them to continue so still to - maintaine iustice; solemnly protesting neuer more to send unto them any edict - which should not be both iust and reasonable. It is a wonderfull thing to say - of what power and moment this thing was to keepe the king within the bounds of - reason, who otherwise had alwayes used his absolute power and commaund. As - before hee came unto the kingdome, being as yet Dauphin, he caused the - presidents of the court of Paris to bee called before - him▪ to rase out the clause, De expresso mandato (by - expresse commaundement) which the court had - caused to be put unto the confirmation of the priuileges graunted unto the - countie of Maine, protesting, That he would neuer goe out of the citie, vntill - it were done, or yet take vppon him the charge by the king committed unto him. - Whereupon the court indeed commaunded those words to bee cancelled: but yet - 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 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 - the publication of the princes edicts and decrees, have this illation or - meaning, that such edicts and priuileges (graunted by the princes expresse - commandement) should not be so precisely - kept, but that shortly after they might by the sufferance of the magistrats be - againe forgotten and neglected, as not much regarded. And by this secret of the - courts, hath the state of this kingdome bene preserued in the greatnesse - thereof: which otherwise would have bene ruinated by the flatterers of princes, - who by such extorted priuileges scrape unto themselves whatsoeuer they desire: - and the good kings not stil able to satisfie the hungry courtiers, sometimes - wel eased, which have used these restrictions, being so of their subiects well - beloued, the confirmation of such edicts and priuileges not carrying with them - any effect unto the subiect, or disobedience unto the king to giue good words, - or charge of conscience unto the magistrat in not performing it. - -

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But yet farther question might be made, VVhether a magistrat may bee suffered - toWhether a magistrate be to be suffered to giue vp his - place, rather than to allow an edict or commaund of his prince which he for - certaine thinketh to be vniust, and contrarie unto reason giue vp his - place, rather than he will allow an edict, a commission, or commandement from - his prince, which he for certaine thinketh to be vniust and contrarie unto - naturall reason, when as the equitie of it is called in question, & - especially if the other magistrats and multitude of the people shall hold it to - be iust, contrarie to the others. For the force of iustice, and power of - vpright reason, is not perceiued but of the fewer and wiser sort: and a wise - man being as it were the rule of reason, is of all others the greatest enemie - unto the multitude. VVhich if it be so, why should a wise man bee enforced to - giue his consent unto the multitude of mad magistrats. In which case I say, - that the magistrat is not to be suffered to giue vp his place, if it please not - his soueraign prince he should so do, but - ought rather to bee constrained to obey his princes commaunds, if the equitie - thereof being called in doubt, be approued by the greater part of the - magistrats, which have charge to confirme such edicts: For otherwise if they - should be permitted to giue vp their places, rather than to passe an edict - 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 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 - be constrained to conforme and ioyne themselves unto one of the greater - parties, for the concluding of the decrees. VVhereupon the court of Paris of - long time doubted, whether this law should be published or not: for that it - seemed a very hard and a most strange thing unto many, to force the conscience - of the judges contrarie to their owne opinions, and so enforce them to iudge - contrarie to that they ought, and that especially in such things as were - committed unto the wisedome and deuotion of the judges, as are almost all both - publike and priuat iudgements. Yet neuerthelesse after - the court had considered of inconueniences which it saw ordinarily to arise vpon the varietie of opinions, and that the - course of iustice, and the concluding of many good decrees, was thereby also - often letted, the court confirmed the aforesaid law, which by processe of time - hath bin found to be most iust & profitable. Hereunto also agreeth the - maner and custome of the antient Romans: for their judges oftentimes to change - their opinions, and to ioine themselves unto the greater part, albeit that they - were not thereunto constrained. As is to bee seene in Plinie, of a iudgement wherin one part of the iudges had condēned the - guiltie person unto death, another part had cleerely and fully acquited him, - and the third part had for a time banished him: in this diuersitie of opinions, - as well they which had before acquited him, as they which had condemned him to - death, consented both to them which would have - him banished. But our law is in that point better, which compelleth the fewer - to ioyne themselves unto the more. For in all corporations & colledges - reason would, that that which pleaseth the greater part should take place and - preuaile, as strengthened with the most voices. Howbeit that in all such - consultations and actions the rule of the auntient wise neuer faileth; which - willeth, That of many honest and profitable things propounded unto vs, we - should chuse those which be most honest, and most profitable: and so of many - inconueniences and daungers, to make choice of the least: for otherwise mens - actions should neuer sort to good end. And a man may also say, That the equitie - of a law is not properly naturall, if it bee obscure or doubtfull; for that - true naturall iustice is more cleere and resplendent than the brightnesse of - the sunne, as not wrapped vp in obscuritie, - nor depending of the erroneous opinions of men, but of the most cleere and - immutable wisedome of the euerlasting.

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And yet neuerthelesse since the law of Lewes the xij. I - find not that any magistrat hath giuen vp his place, as fearing to be inforced - to maintaine or yeeld to any opinion contrarie unto his conscience: and - especially since the places of justice were giuen unto men for vertue, and not - for reward and favour. Neither hath the law of Lewes the - xij. at any time constrayned the judges to iudge contrarie unto their - conscience, but hath rather silently giuen them leaue to giue vp their places; - howbeit that it were more equitie so to constraine them, than to leaue it unto - their will and pleasure. For which cause the kings Attourneyes general have - oftentimes constrained the Iudges to iudge - according unto Lawes and customes of the land, albeit that all the Iudges were - of contrarie opinion. As I remember that whilest I was at Tholouse, one Bartholomew President of one of the Chambers of Inquirie, - seeing all the counsellours of his court of one and the same opinion in a suit, - 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 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 - thy false opinion of the law and iustice, - wrong the place thou bearest? delude the lawes? or forsake thy prince and - Commonweale.

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Yet sometime it happeneth that such lawes as of themselves seeme unto every - manWh the magistrate is to - d in case the law - otherwise▪ iust, now vpon som soden occutrents - to be har and - vniust. most iust, may vpon some suddein occurent appeare and proue - to be most vniust. In which case, whereas the wrong is in the fact presented - plaine and euident, wise magistrats vse to certifie the king thereof, (as I - remember it to have most oftentimes bene done in the parliament at Paris,) who - imparting the matter unto his Counsell, doth as he seeth cause derogate from - the positiue law; or adde some thing unto the same: - (which our men call the exposition or declaration of the law) a thing properly - belonging unto the soueraigntie of a Prince, - as we have before declared. So that in this case, it is not lawfull for the - magistrat to iudge against the law, although he may suspend his sentence vntill - that the Princes pleasure be further knowne. But otherwise the law being cleare - and without difficultie, the magistrat is to iudge according thereunto without - disputing of the equitie thereof: for otherwise if the judge shall wittingly - and wilfully iudge contrarie unto the law, he is by the lawes themselves noted - of infamie: but if he shall so iudge of ignorance, or supposing himselfe to - iudge according unto the law; he is not therefore to be accounted infamous: - howbeit that such his iudgement is of it selfe void, as if it had not beene - giuen at all, in such sort as that a man by the auntient Roman law need not at - all to appeale therefrom. - -

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Now there is great difference whether question be of the lawes alreadie - established, or of those which yet are by the magistrat to be published. For - why, such as be alreadie established, every man is bound to keepe, and - especially the magistrats, who if they wittingly swarue therefrom, (beside the - penaltie appointed by the law) are subiect also unto the note of infamie, as - periurours and forsworne men. But as for such Edicts andGreat care to be had by the greater magistrats in the publication of - lawes. lawes as are not yet published, but are but as yet presented - unto the magistrats to be confirmed and published, of them it behoueth the - greater magistrats (to whom the publication of lawes especially appertaineth) - well to consider, and to show the reasons if they shall dislike of them unto - the prince, albeit that it concerne but the particular interest of some one - priuat person; but much more, in case it concerne the great harme or good of the Commonweale: which good if it be verie - great, may in some sort couer the iniustice of the law; (as the auntient - states-men say.) Yet must we not proceed so farre in respecting of the publike - profit be it neuer so great, as therefore to forget reason, and to be caried - headlong with wrong and iniustice: as were in auntient time the Lacedemonians, - who measured all iustice by the common profit, whereunto they directed all - their lawes, all their iudgements, and counsels; so that if that were once in - question, neither oath, nor reason, nor iustice, nor yet the law of nature was - by themBetter it is for the magistrat of himselfe to giue - way unto the law contrarie unto the lawes of God and nature. once - respected. But much better it were for the Commonweale, and more beseeming the - dignitie of the magistrat, of himselfe to giue vp his office (as did the - Chauncelour of Philip - the second, duke of Burgundie) than to giue way unto a law that is contrarie - unto the lawes of God and nature, or that in every mans iudgement seemeth to be - dishonest or vniust; howbeit the Duke seeing the irremoueable constancie of his - Chauncelour, readie to giue vp his office, thought it better to reuoke such his - commaunds, than to want so stout & wise a man. Which so constant - resolutions of the magistrats, hath oftentimes preserued Princes from infamie, - lawes from decay, and CommonwealesThat a princes faults - which cannot be amended ought by all meanes to be of the magistrate coured. from destruction. But when such - constancie cannot heale the diseases of the Commonweale, or faults of - soueraigne princes; and that the prince commaundeth the magistrats, to have his - actions excused unto his subiects; it is much better for the magistrat to obey - his commaund, and in so doing to couer and burie the memorie of a wicked fact alreadie done, than in refusing so to do, - to irritate the prince to the doing of worse; and so (as they say) to cast the - helue after the hatchet. As did Papinian the great - Gouernour of the empire, (and by Seuerus the Emperour in - his will appointed Tutor unto the yong emperours Anthonius - Caracalla, and Geta his sonnes) who by Caracalla commaunded to excuse unto the Senat the murder - by him committed vpon the person of his brother Geta, - would therein do nothing, but cut him off with this sharpe and short answere, - saying, That murthers were more hardlie excused, than - committed: which was of him more stoutly then wisely said. For Caracalla with this aunswere enraged, and yet not - satisfied with his brothers blood, in his rage commaunded - - Papinian also to be slaine: and after the death of him - so great a man, (as who alone might have - 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 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 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 - Emperour, who alwaies before had him in greatest honour and regard. Which fault - in Papinian I have thought good to note, for that many - have right highly commended him for the same▪ - without respecting, that such his resistance auailed nothing, but brought an - irrepairable losse unto the affaires of the empire, being so depriued of so - great a personage, as might therein doe more than any other; for that he was a - prince of the blood, and the greatest magistrat in the state. But had the - matter then stood whole and entier, and that the Emperour had commaunded him to - put his brother Geta to death, he had then done both - 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 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 - with eternall infamie and shame.

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But what if the prince shall command any thing to be done, and that the same - thingA princes commaund being begun to bee put in - execution, whether it b by the princes contrary - commaund to giuen ouer. being begun to be put - in execution, he changing his mind shall reuoke his former commaund; shall the - magistrat in this case stay from proceeding any further, or go on with that he - hath begun? Whereunto a man at the first sight would say, That he ought to stay - and to proceed no farther: following therein the maximes of the law. Howbeit to - aunswere rightly thereunto, the matter is by distinction to be opened; that is - to wit, that if the thing so begun may be left off without the publike harme, - it is then so to bee left off according to the - last commaund: but if it be so begun, as that it cannot bee left off, whithout - 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 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 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 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 - bosome, without reading of them, & doubting of the contents thereof, - proceeded to the execution of the rest, vntill he had put to death fourescore - of them. True it is, that the Senat had no power in any thing to commaund the - Consuls (as we have before said) yet for all that, the gouernours of prouinces, - and the generals of the Roman armies, yea ad the - Consuls also, used most commonly to be obedient unto - the Senate, and to yeelde unto the decrees thereof, as unto lawes. And truely - the principall cause why they of Gaunt put - to death sixe and thirty of their lawyers, after the death of Charles Duke of Burgundy, was for nothing else, but for that they had - condemned a citisen to death, after the death of the Duke; before they were - againe confirmed in their authoritie and office, although it was not a thing - altogether necessarie; as with like examples wee have declared. Yea it is - almost a perpetuall thing, for them which are in authoritie and have power to - commaund, to bee able of their owne right to execute that was commanded them, - yea after that the time of their authoritie is expired, if he that gaue them - the authoritie and charge knowing and wittingly shall dissemble the fact, or - not forbid it when he might.

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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 - as certainely knowne and true, which yet are neither publikely, nor unto the - magistrat so knowne to be. Heere we must againe consider, whetherWhether the magistrate b to examine - the trueth of that he is by the prince commaunded, - before he proceede to the examination thereof? the examination of the - matter, be by speciall commaund expresly taken from the magistrat, or else left - unto him: if it be left unto him, there is then no doubt, but that the - magistrat may and ought to enquire of the truth of such things, as are reported - in the princes rescripts or letters: but if al examination of the matter be - taken from the magistrat, then some doubt, whether he may inquire of the truth - thereof or not; and especially if it be expressed in the rescript or mandate, - that the prince being well enformed of the - truth, commaundeth the magistrat to proceede to the execution of his letters or - commaunds: howbeit the best opinion is, that the magistrat both in the one case - and the other, ought to examine the truth of the matter. For when to inquire of - the truth of the cause, is neither forbidden nor commaunded, although it bee - expressed in the princes rescripts or letters, to proceede to execution, yet - ought the magistrat neuerthelesse to examine the truth of the mater. And to the - intent, that the magistrats should not pretend to excuse themselves by - ignorance, the emperour Constantine, prouided by an - expresse law, that the magistrats should inquire, whether these things were - true or not, which were set downe in his rescripts or letters of commaund, - whether it were so in them expressed, or left out. And as for the other point, - if in the rescripts or letters, it be expresly - set downe to proceede to execution, for that the prince is well enformed of the - truth of the matter; yet neuerthelesse ought the magistrat to examine the truth - thereof: notwithstanding the clause which I have said, which ought not to - hinder the examination of the matter, nor to be preiudiciall to any other mans - right; and so much lesse unto the publike, and least of all unto the truth: and - so generally, all such narratiue clauses as are but reported in rescripts, - mandates, commissions, lawes, priviledges, testaments, and sentences, cannot be - any thing preiudiciall unto the truth. And albeit, that during the tyranny of - the Sforces, they made a law, that all faith and - credence should be giuen unto the princes commaunds and letters; yet was the - 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 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 - to be called decrees, then expositions or declarations. But if the prince shall - in the bestowing of offices, places of charge, or other his grants in his - rescripts or letters, testifie for the fidelity, integrity, wisedome, or - religion of any man, it is so farre from, that the magistrat should rest - contented with that testification, as that hee ought - therefore with greater diligence to inquire - - Whether the ma gistrate ought to enquire of the sufficiesie of him of whose wisdom and the prince shal himselfe by his rescripts or letters testifie; in the - bestowing of any office or other charge vpon him of him, for that the - prince supposed him to be indeede such, and would not have such benefits or - preferments bestowed vpon an ignorant or vnwise man. But contrary wise, if the - prince shall simply giue unto any man an office or place of commaund, he is no - farther by the magistrat to bee inquired of, for that the prince in his - wisedome hath thought him worthy such honour and place; if the prince first - giue him not leaue so to doe, or that the custome of the country so require: as - in the latter times they did in Rome; but afterwards, almost ery where: but especially in the appointing of iudges. - So also in antient time, in the raigne of the Gothes, triall was made of the - Senators, before they were to bee admitted into the Senate. For Theodoric, king of the Gothes, writing unto the Roman - Senate, for the receiuing of a new Senator, saieth, - - Admittendos in Senatum examinare cogit sollicitus honor - Senatus▪ the care (we have) of the honour of the Senate, causeth vs to - examine such as are to be admitted into the Senate.

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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 - euerie where spreading, remedie might be giuen, if the law of Valois concerning gifts might take place. For Philip - Valois the French king, commaunded those gifts and graunts to bee - reuoked from them, who in the letters of such gifts or graunts, had not - expressed what they or any other for them, had - for the same cause in the letters of their graunts, before obtained; which yet - also is in vse in Millan. For seeing that it much concerneth the Commonweale - what money and profit, what rewards, and priuileges, every man obtaineh, the magistratsIt much conneth the Commonweale what gifts or priuileges be - graunted unto particular men. must thereunto have a most vigilant - eye, and especially in popular estates, wherin as all publike things lie open - unto the spoyle of all men; so for the same cause occasion is ministred unto - the seditious, to the trouble and oftentimes to the ruine of the Commonweale. - And for this cause it was most straitly prouided by a law in the twelue tables, - that no priuilege or dispensation might in any wise be graunted, and that vpon - paine of death, but onely in the great assembly of the whole estate of the - people: the words of the law being these, Priuilegia nisi - Commitijs Centuriatis ne irroganto, qui - - - - secus faxit Capital esto, - - et no priuilege be graunted, but in the great and - general assembly of the people: and he that shall otherwise doe, let him die - the death. And after that Constantine the emperour - writing unto the people, saith, Nec dmnosa fico, nec legibus contraria impetrari - oportet, - - t is not fit, things hurtfull unto the common - treasure, orPriuileg - - things odious and unto the - law, how they are to be interpreted. - contrarie unto the laws, to be obtained▪ howbeit that all priuileges are - directly contrarie unto the law; for otherwise they should not be priuileges. - And i it bee so, that they must needs passe after the - second commaund (as we have before said) yet beseemeth it the magistrat to cut - them short, and to interpret them in strictest maner that he can, and to the - least hurt of the Commonweale, as things odious, and contrarie unto the law; - and not by favourable interpretations to encrease their strength, or to draw - them into consequence, as heretofore have - the judges and the clergie, which by their faire gloses, have drawne the profit - and priuileges graunted onely unto souldiors, unto themselves also; vsing these - faire gloasing words, of worldly Souldiours and heauenly Souldiours: so laying - all the burthen vpon the poore countrey man, unto whom the same priuileges - ought of better right to be communicated than to them.

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But for that our purpose is not here to enter into the disputing of priuileges, - whichPriuileges to be most straitly examined. were - a thing infinit, sufficeth it in passing by, in generall to aduertise the - magistrat to have speciall regard unto the priuileges by princes graunted, and - most straitly to examine them, what good report soeuer - the prince therin make of him that hath obtained such priuilege: For that every man well knoweth, that the prince oftentimes - knoweth not them to whome such priuileges are graunted; vnworthy men still not - so much obtaining them, as indeed wresting them from princes, euen as it were - against their wils: no craft or subtiltie in this case left vnsought out, to - defraud the lawes, and abuse the prince and magistrats, and that with so many - shifts and quirkes of words, and so much deceit, as that they seeme hardly to - be by the magistrat to be met withal, but by plaine force. Such is that clause, - De motu proprio (of our owne meere motion) which - inuented at Rome, hath from thence crept abroad into all Europe. For why, there - is almost neither king nor kesar, which when question is for the breaking of a - law, or repealing an edict, or for giuing way unto dispensations and - priuileges, ioyneth not thereunto this clause, - De motu nostro proprio (Of our owne proper motion) - howbeit that the same princes have bene importuned, and as it were enforced to - graunt that euen unto vnknowne and most vnworthy men, for whome they have bene - so importunatly requested. There is at Rome a field called Flory, or - Flourishing, not so much for the plentie of flowers, as of witnesses that are - therein; out of which euerie man may take testimonies, for the bestowing of - benefices vpon them which dwell euen in the remotest places of Asia and - Affrica, and that with these words, De motu proprio. By - which onely clause, all the fraud and deceit of them that sued for preferment, - be they neuer so bad or vniust, are easily excused: and by vertue of which - words the examination of all slye incommings or craftie intrusions, cease, if - wee will receiue the opinion of some most - pernitious and daungerous unto the state: but such sleights and deceits wee - have long since bid farewell out of our Commonweale. And for that princes and - magistrats circumuented with the wiles of deceitfull men, could hardly, or not - at all escape the same, it was wisely decreed, That the princes rescripts, nor - letters pattents, should be of none effect, except they were presented unto the - magistrat the same yere that they were obtained; neither should be of any - force, before they were by the magistrat approued. And yet it seemeth unto me, - that the law of Milan is better, that is to wit, that the princes mandats and - letters pattents directed unto the Senat, were not to be receiued after the - yeare expired: neither those that were directed unto the magistrat after a - moneth were past: and that not onely the yeare - and day, but euen the verie howre also, should be therein set downe, as the - manner is almost throughout all Germanie; following therein the opinion of many - great lawyers, to stop the suits and controversies which oft times arise for - gifts, offices, and benefices graunted unto diuers in one day, as it was - decreed by the parliament at Blois, at the request there made by Bodin deputie of Vermandois.

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But what if the prince by his rescript or letters pattents, shall expresly - forbid the magistratWhether the magistrat expressely - forbidden to examin the trueth of things contained in the princes grants or - letters, may yet passe beyond such his soueraignes prohibition. to - examine the truth of such things as are contained in them, albeit that they be - false or doubtfull; ought the magistrat in this case to examine the matter? And - it seemeth that he ought so to doe: For we have before said, that hee may, and - ought to examine the cause, and enquire of the - truth of things expressed in the princes rescripts and letters, albeit that the - prince therein declare himselfe to know the truth thereof. Yet for all that, I - say, that it belongeth not unto the magistrat in this case to passe beyond the - prohibition of his soueraigne prince: For there is great difference when the - prince declareth, That he knoweth the truth; and when he forbiddeth to enquire - therof: For in him it is to be presumed, that he hath bene circumuented, and so - mistaking things false for true, and things vnknowne for knowne, to have - commaunded them so to be put into his rescript, which he would not have done, - had hee beene truely thereof enformed: As if hee should giue a judges place - unto a souldior, or a captaines place unto a lawyer, - 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 - 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 - 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 - also to be feared, least that the other magistrates, by the example of one or - two, and after them other priuat men also, should presume to contemne the - princes commaund, to the great endangering and ruine of the Commonweale.

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Now if a man should say that a Prince ought not to commaund any thing that is - dishonest or vniust, he therein sayth well: neither ought the prince (if it - were possible) to commaund any thing not beseeming his honour, or that were so - much as subiect unto reprehension or slaunder, or knowing the magistrates to be - of contrarie opinion unto his, to constraine them thereunto: for that the - ignorant and common people is no way more moued unto disloyaltie, and contempt - of their princes edicts and lawes, then to see - the magistrates hardly delt withall, and the lawes by them contrarie to - theirWhether the magistrat commaunded by his prince any - thing contrarie to the common profit, or course of civill iustice, ought to - obey such his princes commaund, or to giue vp his place. good liking - published and forced. But now here the question is, what the magistrat ought to - doe, in case the prince forgetting his duetie, commaund any thing contrarie to - the common profit and civill iustice; yet prouided still that it be not against - the law of God and nature: whether the magistrat ought to obey such his princes - commaund, or to giue vp his place? And if so it be, that the worldly magistrat - ought to be obeyed, albeit that he commaund such things as are vniust: Ne Praetoris matestas contempta videatur, Lest the - maiestie of the Praetor should seeme to be contemned (as saith the law) how - much more then ought men to obey their soueraigne Prince, of the maiestie - of whom all magistrates depend? Now it is - in many lawes repeated that we must obey the magistrat, whether the thing that - he commaundeth be iust or not, following the counsell of all the wise which - have hereof written. And to this purpose saith Cicero - (albeit that he was a mortall enemie unto the Tribunes of the people) that men - were to obey euen the vniust oppositions of the Tribunes, in these words: Parere iube lex intercessori, quo - nihil praestantius: impediri enim bonam rem melius est, quàm concedi - malè, The law (saith he) commaundeth vs to obey the magistrat that - opposeth himselfe, then which nothing is better: for better it is a good thing - to be crossed then euill graunted. And before he had said: Nihil exitiosius ciuitatibus, nihil tam contrarium iuri ac legibus, nihil - minùs ciuile & humanum, quàm composita & constituta republica - quicquam agi per vim, Nothing is more dangerous unto cities, nothing - more contrarie unto right and law, nothing - more vncivill or inhumaine, then in a well orderedDangerous - unto Commonweales for the the magistrates to refuse to put in execution - their princes Edicts or commaunds. and setled Commonweale to have any - thing done by force. We oft times see the subiects to take vp armes against - their prince, the lawes violated, and iustice go to wracke, and all for the - false opinion that the people have of the equitie and integritie of the judges, - refusing to verifie and put in execution the Edicts and commaunds of their - prince. O but say they it is an vniust Edict or law, neither can we, nor ought - we, to obey the same: an honest speech, if indeed thou canst not; but where - learnedst thou that thou oughtest not? from whence haddest thou that doctrine? - wilt thou (being a magistrat) with stripes, - imprisoment, fines, yea, and with death it selfe enforce priuat men to obey, yea euen thine vniust commaunds, and yet - thy selfe not obey the commaundement of thy Prince? But thou wilt denie thine - owne commaunds to be vniust: so doth the prince also denie that which he - commaundeth to be so: shalt thou now be iudge herein, or he? or if thou wilt - needs be iudge, why shouldst thou not thinke to suffer the same in thine owne - decrees concerning priuat men. Besides that, as no man enforced thee to take - vpon thee thine office, so no man forbiddeth thee to giue vp the same, if the - law thou likest not seeme to thee so vniust: it is therefore the desire of - bearing rule, that maketh thee that thou wouldest beare rule ouer priuat men, - and yet not obey thy prince thy selfe. Wherefore let vs vpon this conclude, it - to be much better in all obedience to stoupe unto the soueraigne maiestie, than - in refusing of his soueraigne commaunds to - giue example and occasion of rebellion unto the subiects; yet still keeping the - respects that we have before set downe, and especially when it concerneth the - honour of God, which is and ought to bee unto all subiects greater, and more - precious than the wealth, the life, the honour of all the princes of the world. - And to know how a man should beare himselfe herein, amongst many examples we - will vse but one or two. Saul commaunded all the priests - of God without iust cause in his presence to be slaine, yet was there no man - which refused not his vngodly commaund, except Doeg, who - himselfe alone performed that so cruell an execution. An other notable example - there is of one Petronius gouernour of Syria, who - receiuedA notable example of a wise gouernour or - magistrat. commaundement to place the image of Caligula the emperour, in the fairest place of the Temple of Hierusalem, as it had beene in all other - Temples of the empire: howbeit that the Iewes had neuer suffered those images - to stand in their Temples, but had still cast them downe, and broken and beaten - them all to peeces, euen to the verie shieldes of the emperours, which they had - there placed. Whereof Petronius aduertised the Emperour, - and that it could not be done without great trouble and slaughter of the - people: wherewith Caligula more incensed, sent more - expresse and strait commaund unto Petronius, to assemble - all the old bands of his garison souldiours in those quarters, and so with a - puissant armie to put his commission in execution. Of whose comming the Iewes - hearing, left their Townes, and the tillage of their grounds, and so in great - companies all vnarmed, went to meet him, if happily they so might by their - humble prayers intreat him; telling him - withall, that they ought not so much to feare any mortall man, as to commit so - abhominable a sinne against the maiestie of the immortall God: and therfore - most humbly requested him to take in good part such their constant resolution, - which was rather to die, than to see so great an abhomination, as the most - sacred Temple of God to be so polluted with the images of men. Neuerthelesse - Petronius told them that it concerned his life, to - performe his commission: and so to terrifie them the more, marched with his - armie unto Tiberias, (as supposing himselfe to doe nothing contrarie to his - owne religion, or to the lawes of God or man) but there the people came running - unto him from all parts, disarmed, and resolved all to die, rather than to see the image set vp in the Temple, - humbling themselves, and bowing their heads before the armie wherewith Petronius had beset them round: who seeing the great - constancie of the people, and their exceeding zeale towards the honour of their - God, as to chuse rather to die, than so much as to see the image of 2 man in - the Temple of God; wonderfully moued therewith, and with their pitifull - complaint and teares, (and being himselfe also a man of a courteous and milde - nature, and farre from that crueltie, which the Iewes feared not whatsoeuer it - had beene) he commaunded them all to returne home; promising againe to write in - their behalfe unto the Emperour, and rather himselfe to die than to execute his - commission, accounting his life a worthie ransome for - the sauing of the guiltles blood of so many innocent people. Neuerthelesse Caligula - therewith the more enraged, sent unto him a new commaund, with grieuous threats - to put him unto the most grieuous torture that he could possibly deuise, if he - 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 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 - the tyrant threatned. But yet this is especially to be considered, that we - - - That the Magistrat ought not vpō a vaine show of religion, - or conscience euill grounded, to refuse to - execute his princes commaunds. pretend not the vaine show of - religion, or rather of superstition, against our princes commaunds, and so vpon - a conscience euill grounded open a way unto rebellion: for when the magistrat - maketh conscience, and a matter of religion, about the executing of his princes - commaunds, he seemeth himselfe (and giueth occasion unto others also) to - suspect euill both of the religion and conscience of his prince. Wherefore he - ought to be well assured of the true knowledge of the eternall God, and of the - true worship and seruice unto him due: which consisteth not in vaine and - counterfeit showes of religion or conscience. Diuers other examples I could to - the same purpose produce, were I not afraid lest those whom we call Pagans - should therein ashame vs, with whom the feruent zeale unto the honour of God is - so abated, and by processe of time cooled, as - that it is to be feared lest at length it be altogether frosen. And thus much - for the obedience of the Magistrat unto his Soueraigne Prince. Let vs now also - speake of his power and authoritie ouer particular and priuat men, and what a - manner of man we wish him for to to be towards them.

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- - - - CHAP. V. ¶ Of the power an - authoritie of a Magistrat ouer particular and priuat men, and of his office and - duetie. - -

- - WE have before said, That a Magistrat is an officer - which hath publike power to commaund, or to - forbid: Now he hath power so to command or forbid, which hath publike power to - enforce or constraine them which will not obey that which he enioyneth them, or - which do contrarie to his prohibition, and may also ease the prohibitions by - himselfe made. For albeit that the law saith, That the force of the lawes - consisteth in commaunding, and forbidding; in suffering, and punishing: yet is - this power more proper unto the Magistrat, then unto the law, which is of it - selfe dombe: wheras the Magistrat is a liuing andThe - Magistrat a liuing law. breathing law, which putteth all this in - execution, seeing that the law in it selfe carrieth or containeth nothing but - commaunds or prohibitions, which are but mockeries and to no purpose, if the - Magistrat and the punishment were not attendant at the foot of the law, readie for him which transgresseth the same. - Howbeit that to speake properly, the law containeth nothing but the verie - prohibition, and the threats for not obeying the same; considering that he - which commaundeth (inclusiuely) forbiddeth to transgresse his commaund: and as - for sufferance, that is no law: for sufferance taketh away prohibition, and - carrieth with it neither penaltie nor threat, without which the law cannot be, - considering that the law is no other thing, then the commandement of the - soueraigne, as we have before declared: and whatsoeuer threat or penaltie is - propounded by the law, yet the punishment neuerthelesse neuer ensueth the - breach thereof, vntill it be pronounced by the mouth - of the Magistrat. Whereby it euidently appeareth - - The force of the law to consist in the Magistrate, or him - that hath the power to commaund and constraine. all the force of the - law to consist in them which have the commaund, whether it bee prince, people, - or magistrat, unto whome so commaunding, except the subiects yeeld their - obedience, they have power to enforce or punish them, which Demosthenes calleth the verie sinewes of the Commonweale.

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We have said, that the Magistrat ought to have publike power, to put a - differenceWhat power the Magistrat ought to have? - betwixt this power and the domesticall power. We said also, that the Magistrat - should have power to constraine such as would not obey: for the difference from - them which have the hearing of matters, who may also iudge and pronounce - sentence, & call men before them, but yet have no power to compell or - 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, 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 - them, but yet so, as that no man, except he listed, needed to obey them, except - the Magistrats themselves had by vertue of their authoritie so commaunded. And - therefore he was not in danger of the law, who had by force rescued a priuat - man, as he was to be brought before these priuat judges or delegates appointed - by the Magistrats, which he should have incurred, had the delegates had of - themselves any power to commaund. Howbeit that now by our lawes and customes the delegates have with vs power to - command, and to cause their sentences to be put in execution by sargeants and - other publike persons, by vertue of their decrees which they giue out, signed - and sealed with their owne hands and seales: whereas the bishops with vs have - no such power to constraine men, but send their sentences to be executed by the - Magistrats. As the Cadies, and Paracadies do in all the East, who have the - hearing of all matters, but yet have no power to constraine men, but send their - iudgements unto the Sabbassaes, which have the commaund and power in their - hand.

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We have before said, that the first constraint of all them which had power to - commaund, - - The first constraining power that the magistrat hath. - is the ceising or attaching both of mens goods and persons; which the auntients - called prehensio, or as we say an apprehending or laying - on of hands: for it were to no purpose, for the Magistrat to call a man before - him, to iudge him, or to fine him; and wh all is done - not to have power to seise vpon their goods nor person of him that shall - disobey him. Now we have before said, that some there be, which have such power - to apprehend and attache men; which yet have no authoritie or power to call a - man before them, neither to examine a matter, neither to rescue a man, neither - to enlarge them whome they have committed; as we have showed of the Tribunes of - the people, of the eleuen Magistrats in Athens, of the Capitall Triumuiri in - Rome, of the Auogadours in Venice, of the kings Attourneies, and the deputies - of them which have power of the common - treasure in other realmes and Commonweales: and of the Commissioners of the - Chastelet of Paris, who may all imprison men, and seise vppon them, and yet for - all that cannot releeue or enlarge them, which belongeth onely unto the publike - Magistrats, which have power to condemne and acquite, and to iudge, some of - 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 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 - condemne to death, and againe to giue life - - The Lighest marque of soueraign maiestie is to have power of - life aud death. unto him which hath deserued to die; which is the - highest marke of soueraigntie, aboue all lawes, and aboue the power and - authoritie of all Magistrats, as proper onely unto soueraigntie, as we have - before declared. Whereby it appeareth, that there are two kinds of commaunding - by publike power: the one in soueraigntie, which is absolute, infinit, and - aboue the lawes, the Magistrats, and all other priuat persons: the other is a - lawfull commaund, as subiect unto the lawes and soueraigntie, and is proper - 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 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. 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 - auntient time signified, I will and commaund, seeing that the will of euerie - Magistrat, and of all others also, which have power to command, is bound and - dependeth wholly of the soueraigne, which may alter, chaunge, and reuoke it at - his pleasure. For which cause there is neither - any one Magistrat, nor yet all together, which can put in their commissions, - Such is our pleasure: or this clause, Vpon paine of death, for that none but a soueraigne - prince or state, can vse the same in their edicts or lawes.

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And hereof riseth a notable question, which is not yet well decided, viz. WhetherWhether the power of the - sword be proper onely unto the soueraign prince or common also unto the - magistrat to whom the prince hath communicated the same? the power of - the sword (which the law calleth Merum imperium, or - meere power) be proper unto the soueraigne prince, and inseparable from the - soueraigntie; and that the Magistrats have not this merum - imperium (or meere power) but onely the execution thereof: or that such - power is also common unto the Magistrat, to whome the prince hath communicated - the same. Which question was disputed betwixt Lothaire - and - - Azon, two of the greatest lawyers of their time: and the - emperour Henrie the seuenth chosen thereof judge, at - such time as he was at Bononia, vpon the wager of an horse, which he should - pay, which was by the iudgement of the emperour vppon the aforesaid question - condemned. Wherein Lothaire indeed carried away the - honour, howbeit that the greater part, & almost all the rest of the famous - lawyers then held the opinion of Azon; saying, That Lothaire equum tulerat, sed Azo aequum (Lothaire had - carried away the horse, but Azon the right) - 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 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 - well knew the estate of the Romans, whose lawes and ordinances they expounded; - neither tooke regard unto the chaunge in that estate made by the comming in of - the emperours. Certaine it is, that at the first, after that the kings were - driuen out of the citie, none of the Roman Magistrats had power of the sword - ouer the citisens: yea that which much lesse is, they had not so much power, as - to condemne any citisen to beNo magistrate in Rome after the - kings once driuen out▪ had power o the - sword. whipped or beaten, after the law Portia▪ published at the - request of Cato Tribune of the people, 454 yeares after - the foundation of the citie. By which law the people tooke this power, not from - the Magistrats onely, but dispoyled euen it selfe thereof also so much as it could, giuing the condemned leaue for what fault or - offence soeuer it were, to void the countrey, - and to go into exile: and that which more is, there was not any one magistrat, - which had power to judge a citisen, if once question were but of his honour, or - good name, or of any publike crime by him committed; for then the hearing - thereof was reserued unto the comminaltie, or common people: but if it - concerned the losse of life, or of the freedome of a citisen, none might then - iudge thereof, but the whole estate of the people in their greatest assemblies, - 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 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 - his lawes concerning publike iudgements, wherby were appointed a certaine - number of Praetors, as ordinarie officers, which were to iudge of all such - causes as whereof the comminaltie before iudged, or at leastwise appointed - commissioners for to iudge of such crimes, as of murders, of robbing of the - common treasure, of treason, or of extortion; but yet so, as that these Pretors - 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 - 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. - condemned, and N. L. as much as to say, Non Liquet, or - it is not manifest, or the matter is farther to bee inquired of (which they - called Ampliare, and Amplius - quaerere.) With these tables was also brought unto the judges a vessell - whereinto euerie one of them did cast one of the three aforesaid tables, - without any word speaking: Which done they counted the tables so cast in, and - if there were moe marked with C. cast in, then the Pretor in his purple robe - mounting into an high seat, in open place, and in the sight of all the people - pronounced these words, Reus parum cauisse videtur, - which is to say, It seemeth that the partie - accused, hath not kept himselfe from doing amisse; or else Non iure fecisse videtur, He seemeth not to have done right; or Videtur prouinciam spoliasse, He seemeth to have spoyled - the prouince. This was the Roman grauitie in iudgement mixt withThe great modestie of the Romaines in their iudgments. - modestie, least they should seeme therein to lie, or rashly to affirme any - thing which was not altogether most manifestly tried. Of which sort are these - words also, Si quid mei iudicij est, If my iudgement be - any thing. So presently after the Pretor had pronounced the aforesaid words, - the penaltie of the law was put in execution, the partie condemned voided the - countrie and went into exile, and the receiuers seised vpon his goods. If such - penaltie were for the offence of the law appointed, unto which law except - the partie so condemned yeelded himselfe - obedient, he was forthwith by the Triumuirie of causes capitall, apprehended - and cast in prison. VVherefore, might some man say, that these capitall - Triumuiri had power ouer the citisens: But wee said before them to have had - power onely ouer straungers, and that truely: and so men condemned to exile, - are but to be accounted straungers, for that they have lost the libertie of the - citie. To like purpose is that which Martian the lawyer - writeth, concerning the decree of the Senat, at the motion of Turpilian, Si iudex pronunciauit haec verba, calumniatus es, condemnauit - eum, If the judge (saith he) hath pronounced these words, Thou hast - slaundered, he hath therein condemned him: and albeit that he say no more - concerning the punishment of the offendor, yet shall - the penaltie of the law neuerthelesse be - 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 used by the auntient Romans: VVherby it is easily to be - 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.

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Now if question were for the fine of any publike crime, which was not prouided - for by the law, the lesser assembly of the common people or comminaltie, was - called together therefore: But if question were of the life, good name, or the - whole estate of any citisen, the people then in their greatest and most solemne - assemblies gaue iudgement thereof: and that in - both cases extraordinarily, as commonly they vse to doe which have the - soueraigntie in all Commonweals: neither were voyces in these cases giuen by - tables or markes: for that the law it selfe, and not the people, was made iudge - of the punishment to be inflicted. The sentence of which law was almost this, - or such like, Si M. Posthumius ante Calendas Maias non - prodisset, neque excusatus esset, videri eum in exitio esse: ipsi aqua & - igniplacere interdici, If M. Posthumius made not - his appearance before the first of May, neither made his excuse, it should - seeme good that hee should be banished, and decreed, That he should be forbid - the vse of fire and water: all which things are more plentifully and at large - set downe by Liuie Asconius, and Cicero. But if the state of the Commonweale being chaunged, and the - power of iudgement and of giuing of voices, - being taken from the people, yet for a certaine time continued this manner and - forme of iudiciall proceedings, euen after that the forme of the Commonweale - was chaunged from a Popular estate into a Monarchie, as a man may see in the - time of Papinian the great lawyer, who gaue occasion - unto Lothaire & Azon to make - question of the matter, in these words by him set downe as a maxime, Whatsoeuer it is that is giuen unto Magistrats by decree of - the Senat, by speciall law, or by the constitution of princes, that is not - in their power to commit unto other persons: and therefore (saith he) - the Magistrats do not well in committing that their charge - unto others, if it bee not in their absence: which is not so (saith he) - in them that have power, without the limitation of - speciall laws, but onely in vertue of their office, which they may commit - unto others, - - - - albeit that they themselves be present. And thus much - for that which Papinian doth say, vsing the words, Exercitionem publici iudicij: as if he should say, That - 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 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 - himselfe within the tearmes and compasse of Papinian his - rule: but in that he was deceiued, that he supposed that maxime or rule of Papinians, to extend to all Magistrats which have bene - 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 having in the processe of time - seene the inconuenience and iniustice that arise by condemning all murtherers, - unto one and the selfeGreat in - commonweals to have now oftentimes the power of the sword committed unto - them euen by vertue of the offices. same - punishment, or els quite to absolue them: and so the like in other publike - crimes also, thought it much better to ordaine and appoint certaine Magistrats, - who according to their conscience and deuotion, might encrease or diminish the - punishment, as they saw equitie and reason to require. And first of all Augustus unto the three little - tables noted with A. C. and N. L. added a fourth, whereby it was lawfull for - the judges to pardon them, who by other mens - fraud or deceit had offended the law, as wee read in Suetonius. And by little and little the auntient order and manner in - the iudicial or penall laws set downe, was chaunged; the penaltie by every one - of them appointed yet neuerthelesse still remaining, not by any to be encreased - or diminished, but by them which we have before said, what diuersitie of causes - soeuer happened. And oftentimes the emperours committed it unto the Senat, or - some other the great and most worthy magistrats extraordinarily to iudge of - great personages, or of some notable crimes, and to punish them as they saw - cause, or thought best, without binding them unto the ordinarie penall lawes. - But in the time of Papinian, Seuerus the emperour gaue - power unto the great Prouost of Rome, extraordinarily to iudge of all offences - and crimes, whatsoeuer they were, committed - within the citie or within fortie leagues ound about - it. Yea the other Pretors of the citie, who but by the ordinarie course of law - were to iudge of civill causes and priuat crimes, dealt also with certaine - publike iudgements referred unto them, not by vertue of their office, but by - the law it selfe: whereof Papinian sheweth example. And - sometime the Pretor preuenting the great Prouost, so by way of preuention - extraordinarily iudged of extraordinarie crimes, together with the great - Prouost. As for the presidents and gouernours of prouinces, in that they had - power and authoritie of all the Magistrats of the citie, and extraordinarily - iudged of all offences, and according to their owne discretion appointed both - penall and capitall punishment unto all men, except the citisens of Rome; no - man can reasonably doubt, but that they had - the power of the sword, and were therefore called Potestates: for that before the creating of the great Prouost, there - was none but the gouernours of the prouinces which had the power of the sword; - whom they yet call euen to this present in Italie, by the name of Potestats. - Now it is plaine by the maximes of the law, that the Magistrats which had power - extraordinarily to iudge, might condemne the guiltie parties to such - 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 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 - prouinces, and generally all such Magistrats as have extraordinarie authority - to iudge of capitall crimes (whether it bee by commission, or by vertue of - their office) have the power of the sword, that is to say, to iudge, to - condemne, or acquit; and not the bare execution of the law onely, whereunto - they are not in this respect bound as are the other Magistrats, unto whome the - law hath prescribed what and how they are to iudge, leauing unto them the naked - execution of the law, without the power of the sword.

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And thus much briefly, concerning the question betwixt Lothaire and Azon: for the fuller and more - plentifull declaration whereof, it is needfull for vs yet to search farther: - where it is first to be enquired, Whether the Magistrats office be proper unto - the Commonweale, or unto the prince, or unto - the magistrat himself that beareth office, or else be common unto the Magistrat - himselfe together with the Commonweale? Then whether the power graunted unto - the Magistrats be proper unto the Magistrats, in that they are magistrats, or - els be proper unto the prince, the execution therof only belonging unto the - magistrats; or else be common unto them both together? Now concerning the first - question, there is no doubt, but that all estates, magistrats, & offices, - do in proprietie belong unto the Commonweale (excepting in a lordly Monarchie) - theTo whom the proprietie of estats, magistracie, and - offices doe properly belong. bestowing of them, resting with them - whith hane the soueraigntie (as we have before said) and cannot by inheritance - be appropriat unto any particular persons, but by the - graunt of the soueraigne; and long and secret consent of the estates, confirmed - by a long lawfull and iust possession. As in - this kingdome, the Dukes, Marquesses, Counties, and such others as have from - the prince the gouernment of the castles in sundrieDukedomes, earledomes, marquisats, and such like in auntient time but - simple commissions, now for most part are become hereditarie. - prouinces, and so the commaund of them, had the same in auntient time but by - commission onely, to be againe reuoked at the pleasure of the soueraigne - prince, but were afterward by little and little graunted unto particular men - for tearme of their lives, and after that unto their heires males, and in - processe of time unto the females also: insomuch as that in fine, through the - negligence of princes, soueraigne commaunds, iurisdictions, and powers, may - lawfully be set to sale, as well as may the lands themselves, by way of lawfull - buing and selling, almost in all the empires and kingdoms of the VVest, and so - are accounted of▪ as other hereditarie goods, which may lawfully bee bought - and sold. VVherefore this iurisdiction or - authoritie which for that it seemeth to bee annexed unto the territorie or land - (and yet in truth is not) and is thereof called Praediatorie, is proper unto - them which are possessed of such lands, whether it bee by inheritance, or by - other lawfull right, and that as unto right and lawfull owners thereof, in - giuing fealtie and homage unto the soueraigne prince, or state, from whome all - great commaunds and iurisdictions flow, and in sauing also the soueraigne - rights of the kingdome, and the right of the last appeale.

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Other publique officers there bee also which have neither iurisdiction nor - commaund,Some publique offices to be with out any - iurisdiction or commaund at al. but onely a certeine publique and - seruile charge: as the foure offices of the Waxe-chafers in this realme, by - right of inheritance belonging unto certein men, by the graunt of king Lewes. Diuers also - have attempted by processe of time to prescribe the offices of the Constables - both of Normandie and Champagne; as also the offices of the great - Chamberlaines, by right of inheritance to belong unto them: howbeit that in - that their sute they have beene often times by diuers decrees reiected, and - amongst others by one solemne one, in the records of the court made in the - yeare 1272. True it is that the word (Constable) was in auntient time no other - thing than the captaine of a companie, which they called a Constableship, as we - oftentimes read in Frosard. And in the records of the - Chamber of accounts I remember I have red, three hundred Constables to have - beene at once in the armie. We read also that by the decree of the yeare 1274. Simon Countie of - Montfort was excluded from the successiue right which he pretended to the honor - of the Mareshalship D'la foy, which the lords of - Mirepoix challenge unto themselves in their styles. And forasmuch as certaine - Mareshals of Fraunce would have continued their estates in their posteritie and - successors,The states of the marshalships of Fraunce part - of the demaine of the crowne. they were embarred so to doe by a - decree made in Parliament the xxij of Ianuarie, in the yeare 1361, as is to be - found in the records of the court: wherein it is expresly set downe, That the - estates of the Marshalships of Fraunce should bee as part of the demaine of the - Crowne, and the execution thereof to remaine unto the Marshals so long as they - lived. And albeit that the power of the Mareshals was not of force but in time - of warre, (as was iudged by a decree of the xv of August in the yeare 1459,) - yet neuerthelesse the militarie discipline carried with it the power of the - sword, albeit that it were not giuen unto it - by expresse Edict or law; as in nothing communicating with the decrees and - lawes of civill pollicie, or of other the civill magistrats; which seemeth from - the auntient manners and customes of the Romans to have beene unto vs - translated. For albeit that the power of the sword, yea and of punishing with - rods also was by the law Portia taken from all the Roman magistrats (so that it - was not lawfull for any of them, or for all of them in the citie to beate or - scourge a Roman citisen, as we have before noted,) yet neuerthelesse the - Consull had still full power of life and death ouer the souldiours and men of - warre, (without which their militarie discipline could - neuer have bene kept and preserued) from whom there was no mean to appeal - - - Marshal magistrats and Generals must of necessitie have the - power of the sword giuen them. as saith Polybius, and for that cause saith he, the Consuls had royall power: - 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 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 - simple captaines abused also, putting their souldiours to death, with out any - forme or fashion of iust triall. unto that Henry the - second the French king, at the request of Francis - Colineus the Dandelot, then Colonell of the footmen, by expresse - edict forbid them any more so to do.

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If then the martiall Magistrats and Generals have in every Commonweal the power - of the sword without any limitation or restriction unto the forme of proceeding - or of the punishment to be by them inflicted, according to the varietie of - crimes and offences, all being as it were left unto their owne discretion and - iudgement, a man then cannot truely say them to be but the simple executioners - of the law, considering that they have no law whereunto they are in this regard - subiect: and so consequently we may conclude, that the power of the sword is - transferred into their persons, that power now not remayning in the prince - alone. Whereby it also followeth, that they being present, may commit unto - others, so much of that power and authoritie which they have by vertue of their place and office, as they - please, and retaine thereof unto themselves what shall seeme unto them good, - which they could in no wise doe, if by speciall law they were constrained and - bound, to heare & determine of matters themselves, and from word to word to - follow the solemnitie and paines set downe in the lawes. And this is it for - which the law saith, That the Praetor of the citie, being himselfe present, - might commit his authoritie and power to whom soeuer hee saw good, which the - Praetors for publike causes could not do: for the Praetor of the citie had the - hearing and disciding of all civill and criminall causes, (except such as they - called publique, as belonging to the common state) which fell out betwixt the - citisens of Rome: as had also the Praetor, established for the hearing of - causes betwixt straungers and citisens, who - according to their discretion condemned, or acquited such as were conuented - before them, moderating, correcting, or supplying the rigour or lenitie of the - law as they saw cause, which their power was limited by the will and discretion - of the Pretor so iudging, and not by the necessitie of the law. And yet when as - by the law or decree of the Senat, any particular cause otherwise out of their - iurisdiction was committed unto them, albeit that it were referred unto their - conscience to iudge thereof, yet neuerthelesse could they not in this case - commit the same unto others, as is to be seene by many examples noted by the - lawyers. Which point so manifested leadeth vs unto the disciding of an other - question by vs before propounded: viz. That the - power and authoritie graunted unto - Magistrats by vertue of their office, is proper untoThe - power and authoritie graunted unto magistrats by vertue of their office, - proper unto the office and not to the person of the magistrats. the - office, albeit that the honour and dignitie of the office be not proper unto - the person: for Papinian saying, That Commissioners and - 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 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 - distinction, (whereunto the interpretours of - the law have had no regard,) as namely, that it is great difference to say that - the power or authoritie is proper unto the Magistrat in the qualitie of a - magistrat, or in the qualitie of a particular person: for it followeth not, - that if the authoritie or iurisdiction be proper unto the Praetorship, that - therefore the Praetorship should be proper unto the person: but to the - contrarie the law saith, That he hath it in trust, and that he is but the - keeper thereof. So we call the Prouost of Paris the keeper of the Prouostship - of that citie; which is to speake properly, and to show, that the estates and - offices rest and remaine in the possession and propertie of the Commonweale, - asThe proprietie of offices to belong unto the - Commonweale: and to be with the magistrate but as things left with them in - trust. a thing put in trust unto the magistrat. And for that cause - the Bailiffes of cities and townes are so called of the word (Bail,) that is to - say Gardiens or keepers. So also the - Florentines called the Ten men deputed to the keeping of their state and - soueraigntie by the name of Bailifes. And that is it for which the Court of - parliament in the decree concerning the Mareschals of Fraunce (before noted) - saith, That their estate was of the proper demaine of the Crowne, as thereunto - properly appertaining, and the exercise thereof belonging unto them so long as - they lived. And so we may discide theWhen the power and - authoritie lieth in the magistrate, and when not. generall question, - and discusse the controversie betwixt Lothaire, and Azon, who spake but of the power of the sword onely: and - conclude, that as oft and whensoeuer the Magistrats and Commissioners are bound - by the lawes and decrees, to vse the power and authoritie which is giuen them, - in such prescript forme and manner as is therein set downe, whether it be in - 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 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 - integritie and discretion, in that case the power and authoritie lyeth in - themselves.

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Now as in every Commonweale there are two principall points which the - magistratsTwo things to be alwaies in euerie Commonweale - by the magistrate principally respected. ought alwaies to have before - their eyes: that is to say, the Law, and Equitie: so say we, that there is also - 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 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 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 - are properly called Decreta, and not Iudicia, Decrees I say not judgements: for why the soueraigne prince - is not subiect unto the law; wherein they deceiue themselves, which take a - decree to be any thing else then the resolute - sentence of the Senat in their consultations: or the decree of a soueraigne - prince, or the voluntarie ordinance of a magistrat, without being bound to law - or custome in the making thereof. Now such proportion as there is of the law - 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 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 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 - and perceiue this difference, the law saith, That it is not lawfull for a man - to appeale from the punishment set downe by the law, being pronounced by the - magistrat, but onely fromNo appealing from the lawe: and - why? that the judge hath declared and denounced the partie accused to - be guiltie: whereas it is right lawfull for a man to appeale from the - punishment which the judge by his owne discretion appointeth: For he which - appealeth from the law, appealeth from the prince, from whome no appeale is to - be made. And thus much concerning the distinction of the power of magistrats, whereby not onely the question - 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 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 - vs before set downe, hath without reason followed the opinion of Alciat and Lothaire: Whereunto he - addeth the Pretors of cities, whome wee call Bailifes, and Seneshals, by the - lawes of this realme, to have had the power taken from them for the appointing of their deputies: for that they are but - as simple vsagers or occupiers, and that he which hath a thing but onely to vse - and occupie, cannot make any other vsager or occupier but himselfe; which is a - reason without apparance, as we have before shewed. VVhereunto ioyne also, that - it is not past an hundred or six score yeares at the most, since that Charles the seuenth, and the eight, were the first which - made an office of the Lieutenants, or deputies of Bailifes and Seneschals. For - if Moulin his opinion were grounded vpon reason, why - should Papinian expresly say, That magistrats may depute - and commit in their presence so much and so long, and with such limitation as - they themselves please, of such things as they have by vertue of their office, - and which are proper to their estate? Now - their magistrats estates and offices in auntient time were much lesse proper, - and lesse appropriat unto the persons, than they be at this present. For with - vs they are perpetuall, and in Rome they continued but for one yeare; and - therefore might with much better reason than they appoint their lieutenants or - deputies. Besides that, the lawyers themselves have made and written diuers - expresse bookes concerning lieutenants and deputies, which were all to no - purpose, if the comparison of him, which hath but the vse onely unto the - magistrat, were to be admitted and receiued. And as for others, the auntient - doctors and interpretors of the law; they have in such sort entangled - themselves, as that it euidently appeareth them to have had no insight into the estate or gouernment of the - Roman Commonweale: without which it is impossible to determine any thing - concerning these questions. For whereas the Romans had properly separated the - 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 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.

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- - It is also worth the noting, that in Popular and - Aristocratique estates, such as were - - The Magistrates in Popular and Aristocratique estats much - more bound nto the prescript lawes then in a - regall Monarchie. those of the Greekes, and of the Italians, their - chiefe drift was so much as they could, so to bind their magistrats, - gouernours, ambassadours, captaines, lieutenants, and other their great - officers & ministers unto their lawes, as that they should not one iot - swarue or stray therefrom: which the auntients did much more than they of our - time: whereas in a regall monarchie it is quite otherwise, where in publike - iudgements all paines and penalties, and in priuat iudgements that which - concerneth euerie priuat mans right, is left to be iudged and determined - according to the discretion of the magistrat. And albeit that Iustinian the emperour made a law, That euerie mans right should be - tried by the law, so to have kept the magistrats within the power of the lawes: - yet was that his law to no purpose, but much troubled all the judges and - lawyers, willing to obserue the same his law, - being impossible to be kept, and incompatible with the other auntient former - lawes. For why, that which concerneth euerie mans right, consistethWhy in triall of priuat mens right, as also in publique - iudgements, many things are to be left unto the wisedome and conscience of - 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 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 under any certaine rule - be comprehended.

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Now I have before said, that there was a new officer erected in Rome, who was - theThe power of the Prouost or Praetor in the citie of - Rome. Prouost or Pretor of the citie, with power giuen him, to - correct, supply, and amend, the lawes and customes, in that which concerned his - 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 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 - were only edicts (that is to say, the magistrats commands) wherunto neither the - people, nor the Senat, nor the Consuls, nor the other Pretors, nor the - Tribunes, not yet the successors in the selfe same office, were not in any wise - bound, but onely particular men, and they also but in that which was within the - Pretors power and authoritie, as concerning their priuat suits, and businesse - betwixt man and man. And therefore Cicero taunting Verres, intemperatly abusing the power and authoritie of - his Pretorship, saith, Quiplurimum edicto tribuunt legem annu - amappellant, tu plus edicto complecteris quàm lege, They which - attribute most unto an edict, call it but an annuall law, but thou - 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 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 - obscure lawes, and in what they might with equitie be extended, yet without - breaking or impugning the same. And that is it, for which the law generally - saith, That the Pretor neuer could giue possession of the goods unto them, who - by the lawes and ordinances could not be the heires. Neither was it also in the - power of the Pretors, nor yet of all the magistrats together, to make an heire of him which by the lawes could be none; for - why, that was to be done onely by vertue of - the law, whereby the magistrat by his definitiue sentence declared, the - succession to belong to such, or such a man, whome the law or the testator had - appoined heire. And albeit that diuers of the - Pretors edicts were more reasonable and indifferent then the lawes themselves; - yet so it was, that the first Pretor that would, might (without regard unto all - the edicts of his predecessors) make all new, or againe reuiue such lawes, - which by reason of their antiquitie, were before buried in obliuion. And this - was the cause that the Tribune Aebutius presented a - request unto the people, which passed in force of a law; which was that the - lawes of the twelue tables, which by long tract of time were then growne out of - vse, might by an expresse law bee repealed and abolished: which law needed not, - if the Pretors by vertue of their edicts had had power to derogat from the positiue lawes. Yea the Pretors - themselves did not alwaies in the administration of iustice follow their owne - edicts, but spared not sometime to giue iudgement quite contrarie unto them, - especially if the equitie of the causes vpon some straunge occurrents so - required; sometimes also chaunging them for the grudge or favour that they bare - unto certaine priuat men: which thing Cicero by way of - reproach obiected to Verres, saying, Ille nulla religione motus, contrà quàm edixerat, decernebat, That he - moued with no religion, iudged quite contrarie unto that which hee himselfe had - before decreed. Howbeit that this reproach was but a flourish of the Orators, - and not of any great importance: For as no man was subiect unto the law which - hee himselfe made, so also might he vpon good and iust cause derogat from the - same. Yet certaine yeares before it was - enacted by the people at the motion of Cornelius the - Tribune, That the Pretors, and so euerie other magistrat also should bee - constrained in giuing of iudgement, to obserue their owne edicts by themselves - published and set vp at their first entrance into their office, and not to - depart therefrom; which cut off many courtesies and favours which the - magistrats before shewed unto such as they thought good. Neuerthelesse this law - being published without the good liking and consent of many: and also contrarie - unto the nature of lawes (which can neuer bind them that made them) was shortly - after abolished. Howbeit that the magistrats for their owne particular, and in - their owne causes, were constrained to endure the same edicts, iudgements, and - decrees, which they themselves had made, and caused to be executed vppon - others: yet that notwithstanding the - magistrats were alwaies at libertie, to derogat from their owne edicts, or to - alter the same, whether they were published for the whole yeare that they were - Pretors, or for a moneth, or for some few dayes or howres. For generally the - law saith, That the magistrat may reuoke that which he hath decreed, andThe Magistrat may reuoke his owne decree or commaunds, but not - his iudgement once giuen. forbid that which he hath commaunded, - although that he cannot reuoke that which he hath once iudged and pronounced - sentence of. For that iudgements and decrees giuen or made vpon the hearing of - a cause, cannot without iniurie be reuersed or changed, as also for that - nothing ought to be more firme and sure then iudgements once giuen, as whereby - all civill societie is especially maintained: wherein many interpretors - of the law have deceiued themselves, - calling the magistrats simple commaunds, precepts, and not edicts: whereas an - edict (as saith Varro) is nothing els but Magistratus iussum (that is to say) the magistrats - commaund, and whereof another errour hath risen also, viz. That such the magistrats simple commaunds should bind no man: For - so the auntient doctors affirme. VVhich their opinion, if it were true, - wherefore thenThe Magistrates simple cōmands of right ought - to be obeyed. should the law commaund vs to obey the magistrats bare - commaund, without regard whether it be iust or vniust? Or why should the lawyer - Maetian say, Reipublicae interesse, - vt iniustis & ambitiosis decretis pareatur, It behoueth the - Commonweale, that euen vniust and proud decrees (of the magistrats) should be - obeyed. Yea and all the auntient Philosophers and law - makers, have more religiously recommended nothing unto vs, not onely than the lawes, but euen than the - writings and decrees of the wise. Now it is more reasonable to obey a simple - verball commaund, which is but for a day or an howre (if we doubt or mislike of - the equitie thereof) than to the commaundements which were for a yeare, as were - all the edicts of the magistrats: besides that it was more easie to performe - the one than the other. And that more is, the lawes, the ordinances, the - decrees, and sentences, of themselves bind no man, if the commission (that is - to say, the magistrats commaund) be not on foot. And therefore the Roman - Pretors, and other their great magistrats, seldome times troubled themselves - with giuing of iudgements, but were still occupied in appointing of judges, in - commaunding and the putting in execution of the sentences and iudgements of - such iudges as had by them bene appointed. - Whose verball commands (as these men tearme them) had they bene of no force to - bind men, the decrees and iudgements of such as were by them appointed, should - have bene to no end or purpose, neither should they have bene obeied. And - therefore the law permitteth all magistrats by punishment or penaltie to cause - their commaunds to be obeyed, without distinction whether they bee - commaundements verball, or by way of commission, or by decrees by them made, or - by iudgements by them giuen.

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Of this errour (for not obeying the magistrats command) is risen also a farre - greater,Whether priuat men may by force resist the - Magistrate offering them violence or wrong. some defending that it is - lawfull for men in fact, and by force to resist the magistrates, offering them - violence, (for that is the word which they vse) whether it be in the - administration of iustice, or otherwise out of - the same. Howbeit that the difference is great betwixt the one and the other: - for that the magistrat out of iudgement, and out of the qualitie of a - magistrat, is no more but as a particular man, and so if he by word or deed - wrong any man, he may be resisted, in such sort as the law permitteth: but in - the execution of his charge within his power, not exceeding the bounds of his - iurisdiction, there is no doubt but that he ought to be obeyed, whether it bee - right or wrong, as saith the law. But if he shall exceed his authoritie or - power, a man is not bound to obey him, especially if the excesse be in it selfe - notorious, but may defend himselfe by oppositions and appeales: but if he may - not appeale, or that the magistrat will not admit his appeale, but proceed - against him; in this case it is to be considered, whether the griefe be to be recouered, or otherwise irrecouerable: which if - it be to be recouered, no resistance is then to be made against the magistrat; - but if the case be irrecouerable, as in question of life, or of corporall - punishment, and that the magistrat will needs proceed without regard of any - appeale, in this case it is lawful for every man to make resistance, not of - purpose to crosse or offend the magistrat, but onely to defend the life of the - innocent man in danger, yet so farre as that it be done without fraud or - seditious tumult: not for the violating of the magistrat, as we said, but for - the deliverance of him which is with iniurie by the magistrat oppressed. As - when Appius Claudius enflamed with the desire and lust - of the faire maiden Virginia, (wresting the lawes) was - about to giue sentence against her libertie, Virginius - her father to preserue the honour of his - house, and wishing rather the death of his so faire a daughter, than that she - should so loose her virginitie, slew her openly with his owne hand, and so set - all the citie on an vproare. Which desperat boldnes of the man was not indeed - to have beene suffered, neither ought the quiet estate of the Commonweale to be - with suchPriuat men are not to iudge whether the Magistrat - do them wrong or not. outragious facts troubled, what violence soeuer - be done by the magistrat. Howbeit that it belongeth not unto priuat men to - iudge whether the magistrat offer to doe wrong, or not: which to determine, if - it appertaine but unto the greater magistrats, or the Prince onely, in vaine - then it is to aske whether priuat men may by force resist the magistrates, offering them violence? but onely this, whether - Magistrats which go about to put in execution - their sentences of life and death, or for the inflicting of some corporall - punishment, contrarie unto appeales from them made, may of right bee withstood? - which that they lawfully may be, I doubt not, so that it be done without fraud - or tumult, in cases of life and death: but if iudgement be of goodes, or fines, - or imprisonment, I thinke it not to be lawfull, for that all these things may - be amended, either by intercessions, or by appeales, or by actions of - trespasse, or iniurie, or by way of petition. But in other causes lawfull it is - not by the law either of God or man toIn what cases the - magistrates offering wrong, may of right in their iudgements be - withstood? withstand the magistrat offering vs violence: as many - euill taught, and worse instincted in civill pollicie and gouernement most - 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 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, 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 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 - any man should be a judge in his owne cause, or giue sentence for himselfe. Now - 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 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 - beene done by the Magistrat or judge. And if it bee not lawfull for the true - lord or owner to put his seale unto his owne things being in the possession of - an other man; how then should it be lawfull unto the territoriall lord of - himselfe to enter or seize vpon lands, the propertie whereof belongeth unto an - other man? Wherefore the opinion of Plato is to be of vs - reiected, who in his bookes of lawes hath left the shamefull violence and abuse - offered unto maydens or boyes, to be revenged by their kinsfolke, and not by - the Magistrat.

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Now of this question dependeth an other; as whether the Magistrat may - revengeWhether the magistrat may revenge the wrong and - iniurie offered him as he sitteth in place of iustice. the wrong and - iniurie offered him, as he sitteth in place of justice: whereof what to say - the lawiers have not yet determined. - Neuerthelesse without entering into farther dispute, it is and alwaies hath - beene lawfull for all Magistrats exercising their estate or commission, to - condemne or chastice them, which giue unto them rash or contumelious speech, - and to proceed against them by way of fine, or by seizing vpon their bodies or - goods, according to the power and authoritie unto them giuen; if the wrong or - iniurie offered be not such as may deserue corporall punishment: for then the - magistrat ought to lay aside his publique person, and to receiue iustice at an - other mans hand. But yet if the iniurie be done unto the whole companie or - bench of Iudges, or Magistrats, in this case they may enquire and iudge of the - crime or offence, and so altogether lawfully do that - which they could not do apart: and the reason seemeth to be, for that in so doing they punish not the wrong done - unto themselves, but unto the Commonweale, which is therein farre more wronged - 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 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 - violence, is by the law in danger of treason. And for this cause an outrage - committed against the person of a Magistrate, the indignitie of the fact is - together with the heauinesse of the punishment therby encreased▪ and that not - onely when he exerciseth his estate, but also in what place soeuer it be - wherein he carrieth with him the marks and tokens of his office, or is knowen - to be such a man, he ought to be inuiolable, - and as the auntient Latins say, Sacrosanctus, or most - holy: for that word the law, Horatia (published for the safetie of Magistrats) - vseth, conceiued in these words: Qui Tribunis plebis, - Aedilibus, Iudicibus nocuerit eius caput Ioui sacrum esto; familia ad aedem - 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 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 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 - motion of any of the Tribunes, or in disgrace of the Consuls, but at the motion - of Horatius the Consull himselfe. And this law Horatia - was made fortie foure yeares after the sacred law Iunia, made for the safetie - of the Tribunes of the people: whereby they were as by a speciall law, more - religiously prouided for than were the rest of the magistrats. VVhereby it - appeareth this law to appertaine to all magistrats, but especially unto judges, - whose lives and persons are the more subiect to all daungers, in that they are to iudge of the lives, honour, - and goods of all the subiects. And therefore the law saith not, That he that - killeth the judges (shall die therefore) but if hee shall offer them neuer so - little violence; that is to say, Si nocuerit, which is, - if hee but hurt them. And well it is to be noted, that it is not said, as they - are exercising their authoritie and iurisdiction onely, but euen in what other - place soeuer they bee: which otherwise were but to open a gap to have them - slaine in euerie other place where they at not in - iudgement. So when as with vs a certaine noble gentleman beeing called - intoAn heauie sure vpon a man - for striking of a magistrat. question, had with his sword wounded one - of the judges of the court of Paris, not as then sitting in iudgement: the - court condemned to have his right hand cut off, his - bodie afterward to be quartered, his goods confiscated, and a most great fine - to bee paid unto the judge. But if the - magistrat disguised, or walking the streets by night to doe any man harme, - shall himselfe chance to be by any man hurt, hee cannot redresse such his wrong - as done unto a magistrat, but as unto a priuat man. So Aulus - Hostilius the Aedile, when as by night hee had attempted to have broken - open a Courtisans doores, was there grieuously hurt: whereof he complaining - unto the people▪ in hope to have found some good remedie, was sent away with - shame enough▪ for that the outrage unto him done, was not to be punished as - done unto a magistrat. VVhich ought not to seeme strange, seeing that one of - the Tribunes, who had vnlawfully abused a boy, and - taken by the Capitall Triumuiri, was by him punished as a slaue or stranger - (the rest of the Tribunes his fellowes - forsaking him, as abhorring his most filthy lust) albeit that the sacred lawes - forbid vpon paine of death to offend the Tribune, or to commaund him to be - punished for what thing soeuer. In like case if the magistrats went roaming vp - and downe masked, and priuat men went masked also, carrying with them the - markes of magistrats, as in Rome they did during the feast of Cybele: if any - iniurie happened to be so done unto the magistrat, it was not punished as done - unto a magistrat, but unto a priuat person: howbeit that out of these cases the - magistrat is to be holden for such as he is, in what place soeuer he be.

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Neither is it not onely vnlawfull to offend or abuse the magistrats by word or - deed,Magistrats to be religeously - respected. but necessarie it is, that we should duetifully respect - and honour them, as them unto whome God hath - giuen this power: which thing we see the auntient Romans (from whom the - fountaines of law and iustice flowed into all the world) to have much more - religiously observed, than did the other nations. For the Censors disgraced and - degraded from his order a bourgeous of the citie, by taking away from him his - horse, for that he had but coughed and spauled a little too lowd in their - 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 - 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 - officers for his fatherly reuerence durst not cause him to alight from his - horse, commaunded him himselfe to alight: which his commaund the father - obeying, alighted and embraced his sonne, making much more of him, than if he - had done otherwise. For domesticall power (as saith the law) ought to stoope - unto publike authoritie. True it is, that in those times and in those places - offices were giuen to vertue, and not to them that offered most: for then - verily was the time wherein rewards were set vp for vertue: Howbeit that the - lawes against ambition, and the auntient histories sufficiently declare honours - and offices to have bene oftentimes in Rome, de lapide - emptos, as saith Cicero. But howsoeuer power and - authoritie be got, whether it be by favour, by wealth, or force of armes, we must not therefore contemne the - magistrat, which cannot bee done without the contempt of God, from whome he - hath his authoritie, in whatsoeuer fo it be. As - witnesseth that speech of God unto Samuel judge of - Israel, now growne weake with age: whose commaunds when as the people did - refuse, It is not thee (saith he) but me, whome they have despised.

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Now if these deriders of authoritie and power, be not to be moued either with - the feare of God, or the touch of religion, yet can they not denie, but that it - is more than necessarie for priuat men to obey, respect and honour the - magistrats, for the defence of Commonweales, and of the civill societie of men. - Which the aunrient Poets have unto vs well set - forth in their deuised fables, making the goddesse Pitharchie (which signifieth the obedience of subiects unto their - princes and magistrats) wife unto Iupiter▪ Sauiour: and - of that marriage Eutuchia (that is to say Felicitie) to - have bene engendredThe dutie of the magistrat for the - maintenance of his reputation. and borne. Wherefore the magistrat on - 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 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 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 - rigour of punishment seeke to bee accounted seuere; or by their too much - 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 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 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. - pitifull offendeth more, than if he should seeme to be cruell: For crueltie, - although it be indeed to be blamed, yet keepeth it the subiects in obedience - unto the laws, for feare of punishment; whereas too much lenitie giueth - libertie unto offence, and causeth the magistrat himselfe, the lawes, yea and - the prince which established the lawes, to bee altogether contemned. And this is it for which the law of God expresly - forbiddeth to have any pitie of the poore in iudgement. Some others there bee, - which iudge wellGrauitie bst - beseemeth a magistrat. and vprightly, enclining neither unto crueltie - nor mercie, but yet cannot keepe that grauitie and seueritie which best - beseemeth a magistratias in our time one of the chiefe magistrats of this - realme, who in the highest seat of iustice, and euen then when he pronounced - the sentence of death vpon the condemned, would with one merrie conceit or - other, minister unto the hearers occasion of laughter. VVhereas Augustus Gaesar did farre otherwise, who albeit that he - was accounted a sincere and vpright iusticiar, yet for all that he neuer - pronounced sentence of death vpon any, but with deepe sighes fet euen from the - bottome of his heart. Some other to the contrarie, all enraged, threaten and reuile them whom they giue iudgement of: as did - ordinarily the emperour Claudius, who one day with a - countenance more like a beast than an emperour, strucke him in the face with a - pen knife, whom he was to pronounce sentence of death of. Yet blame I not the - graue exhortations, and bitter reproofes of the magistrat unto the offendors, - and then especially, when as hee meaneth to vse more lenitie than the rigour - and extremitie of the law requireth. For why, it is one of the things most - requisit in a magistrat to cause the offendors to have the better understanding - and feeling of the greatnesse of their offences: that so they may the better - also perceiue and see what they have therefore deserued, and so to be the - rather induced to repentance. But it were a kind of iniurie, and not beseeming - the authoritie and wisedome of a magistrat to - charge him whome he hath condemned to death, with opprobrious words also. Papirius Cursor was of all that lived in his time (than - which none is said to have benePapirius Cursor a notable - man. more plentifull of vertues) a man most famous both at home and - abroad in the wars, but so terrible with the maiestie of his commaund, as that - hee caused euen the stoutest of his followers to tremble and quake at the force - of his commaunding speech: which his roughnesse of speech he for all that - wisely tempered with great lenitie in the executing of punishment. As when the - 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, 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 - his hand, to have done execution (as all men thought) but to cut vp a stub of a - tree which stood in his walke, and condemned the negligent captaine in a great - fine, which he right willingly paid, with great thankes that hee had so spared - him his life. Whome if he had put to death, it was in daunger least that those - his followers the Romans allies would have thereupon reuolted: which so great a - fault no doubt Papirius would not have pardoned a Roman. - But as there is great differenceMore seueritie to be - required in a Martial magistrat then in a ciuil which seueritie ought not - yet to passe into cruelty. betwixt faults which are committed in - warre, and elsewhere (for that as an antient captaine said, In martial matters men scarcely offend twice) so must - the militarie magistrats vse another manner of fashion of commaunding, of - punishing, and execution of penalties, than must the magistrats in time of - peace. For that the discipline of warre ought to be much more seuere than the - domesticall or civill gouernment. And yet for all that ought not this martiall - rigour to passe into crueltie, nor the generall to exceed the bounds of - seueritie, as many commaunders do, who in nothing show themselves valiant, but - in killing their souldiors without hearing. As Seneca - propoundeth one act of Piso the Proconsull, for an - example of his notorious crueltie towards his souldiours.The - notorious crueltie of Piso the Proconsull. For seeing a souldiour - returning alone out of the field into the campe, from forraging, in a rage - condemned him to death, for that he was returned out of the field without - his companion, charging him, That hee had - slayne him: the souldiour still alleaging, That his fellow was comming after - him: which his excuse for all that Piso would not admit, - but sent him presently to be executed. But lo, whilest that the execution was - about to be done, he sodenly returned who was supposed to have bene slaine. - VVherupon the captaine which had the charge to see the execution done, returned - to the Proconsull with both the souldiours, who embrasing one the other, were - with great applause and reioycing of their fellow souldiours brought before - him: Wherewith the Proconsull enraged, caused them all three to bee put to - death: The first, for that hee was before condemned: The second, for that he - was the cause of his fellowes condemnation: And - the captaine, for that hee had not done what hee was by him his generall - commanded. So that for the appearing of one innocent mant, he put three to - death: which was not iustly to vse, but most cruelly to abuse his authoritie. - VVhich his crueltie was so much the more to be detested, for that there was - there no meanes to appeale, nor prince to flye unto, nor civill exception to - bee taken, by reason of the rigour of the militarie discipline. And thus much - concerning the power and authoritie of Magistrats ouer particular and priuat - men: It remaineth now to speake also of the power and duetie of one of them - towards another. - -

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- - - - - - CHAP. VI. - - ¶ Of the mutuall duties of Magistrates among - themselves, and of the power that one of them hath ouer an other. - -

- - IN every well ordered Commonweale there be three - degrees ofThree degrees of Magistrats in every well ordered - Commonweale. Magistrates: The highest, which is of them which may be - called soueraigne magistrats, and know none greater then themselves, but the - soueraigne Maiestie onely: The middle sort which obey their superiours, and yet - commaund others: And the lowest degree of all, which is of them which have no - commaund at all ouer any other magistrats, but - onely ouer particular men subiect to their iurisdiction. Now of soueraigne - magistrats, some have power to commaund all magistrats without exception, and - other some acknowledge no superiour but the soueraigne Maiestie, and yet have - no power ouer all the rest of the magistrats which are placed in the middle - & lowest degrees, but ouer such onely as are subiect unto their - iurisdiction. Of the first sort of soueraigne magistrates which have power ouer - all others, and that know none their superiours, but the soueraigne power, - there are but verie few, and fewer at this present then in auntient time: for - that it is by daily experience found, nothing to be more dangerous in a - Commonweale, then for some oneDaungerous in a Commonweale to - giue power to one Magistrat to command ouer all the rest. magistrat - to be aboue the rest, who may lawfully commaund all the rest, aswell priuate - 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, - 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 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 - mannaging of their greatest affaires, such as were by the Emperours themselves - to have beene discharged: as the hearing of imperiall causes: the receiuing and - dismissing of Embassadours: the hearing of appeales from the Magistrats of all - 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 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 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 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 - the rest of the Magistrates, excepting such onely as had the keeping of the - castles & fortresses of the kingdom committed to their charge, ouer whom he - had no commaund. Which manner and custome whether the Princes of the East tooke - it from ours, or our Princes from them, we still keepe together with the - Italians, Germaines, Spaniards, and most of other Nations also. WhereforeSoueraign power to commaund ouer al magistrats not to be giuen - to one alone, but in the most daungerous times of the commonweal the - soueraigne power to commaund ouer all Magistrats and officers without - exception, ought not to be giuen to one alone, but in case of necessity; as - when the Commonweale cannot otherwise be preserued: and yet then not with the - authoritie and countenance of a standing office, but by way of commission - onely, such as were in auntient time graunted unto the Roman Dictators, the - Archo of the Thessalians, and Azymnets of the - Lacedemonians: and now with vs are giuen unto Protectors and Regents, in the - absence, furie, or minoritie of soueraigne Princes. In the absence I say of the - soueraigne prince, for that in his presence all the power & commaund of - magistrates andIn the presence of the soueraigne prince, all - the power of the magistrats holden in suspence. commissioners cease: - For as the force and strength of all riuers and flouds is together with their - names lost and swallowed vp when they once fall into the Sea; and as the other - heauenly lights, as well the planets as other starres, lose their light in the - presence of the Sunne, or as soone as he approacheth the horizon, in so much as - that they seeme againe to render unto him the whole light that they had before - borowed of him▪ euen so likewise all the authoritie of the Senat, and all the - commaund and power of Magistrats cease in the presence of the prince. So we see - that he which delivereth the soueraigne - princes mind, whether it be in counsell, or in soueraigne court, before the - states, or unto the people, still vseth these wordes, So and - 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, 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 used this forme of speech, The king saith so and so unto you; he was therefore - charged with treason, besides the other points of his accusation. Wherefore - many are deceiued which thinke those lawes or Edicts which are published or ratified in the councell or court, in the - presence of the prince, to be so published or confirmed by the Court or - Councell: seeing that the Court hath then the hands bound, and that it is none - but the king that so commaundeth, the motion or consent of his Attourney, the - prince himselfe being then present, seruing to no purpose at all. And in - Popular estates, the greatest magistrats as well as the least, in token of - their humilitie, laid downe their mases and other tokens of honour before the - people, and so standing, spake unto the people sitting: showing, that in their - presence they had no power at all to commaund. So all the motions made by the - magistrates of Rome, were by way of humble request, as in this forme, Velitis, Iubeatis, May it please you, or commaund: VVhereunto the people there present, - giuing their consent with alowd voice, before the law Cassia - Tabellaria, used these words, Omnes qui hic assident - volumus, iubemusque, All we that here sit will and commaund. And after - the lawes called Tabellarias, the letters A. and V. R. written in the tables, - signified Antiquo, (or, I repeale the law) and Vti Rogas (or, as you request). And in like manner the - people of Athens gaue their voyces sitting, the magistrat in the meane time - speaking unto them standing, so long as they had any thing to say unto - them.

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But then might some man say, If it be so, that the magistrats had no power to - commaund particular men, nor yet one another, in the presence of the people - which had the soueraigntie. VVhy did the Tribune of - the people send his vsher unto Appius - - - - Claudius the Consull, to commaund him to silence? And - why did the Consull o requite him with like, send his - sergeant unto him likewise, crying with a lowd voice, That the Tribune was no - magistrat? VVhereunto I aunswere, that such contention and debate▪ oftentimes - fell out amongst the magistrats, and especially betwixt the Consuls and the - Tribunes: yet may we not thereof conclude, that either of them had any power to - commaund the one the other, in the presence of the people, both their - authorities then ceasing. So a controversie arising betwixt the high court of - Paris, and the court of Aids, for wearing of their purple robes, and - accompanying the king, not farre from Henrie the second - the French king, the president of the greater court of Paris sent a sergeant - unto the judges of the court of Aides, to forbid them to go any further: (and - albeit that the king was not so nie as that he - could heare such the presidents commaund) yet receiued he such aunswere from - the judges, That hee had no such power to commaund ouer the court of Aids, and - if he had, that yet he could not rightly there vse the same in the presence of - the king.

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But yet some man might obiect and say, That if the magistrats had no power to - commaund in the presence of the prince, they were no more magistrats, neither - should so great regard be had of their honours and dignities the prince being - present, so as we see there is. VVhereunto mine aunswere is, That the - magistrats by the presence of the prince loose nothing, but still continue in - their offices, and so consequently in their dignities and honours, their power - to commaund being but suspended. As in like case the Dictator being created, all the magistrats continued in their estates - and offices, howbeit that all their commaunding power was then holden in - suspence: but so soone as the Dictators commission was expired, and he once out - of his office, the magistrats againe commaunded by the same right they had - before: which they could not have done, if their magistracies and offices had - so, & indeed bene from them taken. Which may serue for aunswere to that - which might be alleaged of these words, which are oftentimes to be read in the - writings of the auntient Romans, viz. Creaeto Dictatore - magistratus abdiaht, Whereby it might seeme - that the Dictator being created, the magistrats were out of office: which is - 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 suspended. expired. And the reason is - generall, that the power of the inferiour should be holden in suspence, in the - presence of the superiour: for otherwise the subiect might command contrarie to - the will of his lord, the seruant contrarie to the good liking of his master - and the magistrat contrarie to the will and pleasure of his soueraigne - prince o might at - leastwise oppose himselfe against him, and by the vertue of his office forbid - the inferiour persons to performe the commaunds of their superiours: which can - in no wise be done, without ineuitable preiudice unto the soueraigntie▪ except - it be that the prince laying aside the soueraigntie of his person, goeth to see - how his magistrats commaund; as the emperour - Claudius ofttimes went openly to see the doings of - his magistrats, and without disguising himselfe sat beneath them, foolishly - giuing to them the more honourable place: or else in case tha the prince, his maiestie in a sort set aside, giue - leaue to the magistrat to iudge of his cause. For the maxime of the law, which - saith, That the magistrat of equall or greater power may bee iudged by his - companion or fellow in office, or by his inferiour also, when he snbmitteth - himselfe unto his power, hath place not onely in priuat persons and magistrats, - but euen in soueraigne princes also; whether it please them to submit - themselves or their causes to the iudgement of other - princes, or of their owne subiects. And albeit that they may bee judges in - their - - Much more honorable for soueraign princes to referr the - hearing of their own causes unto the magistrats than to iudge thereof - themselves. owne causes, unto whome power is by God giuen to iudge, - without beeing bound to the law, as Xenophon saith; yet - neuerthesse it is much better beseeming their maiestie, and more indifferent - also for them in their owne causes to abide the iudgement of their magistrats, - than to become judges thereof themselves. But to the intent that the soueraigne - maiestie of princes should not in any thing be impaired of the greatnesse - thereof, and yet that the brightnesse and glorie of the royall name should not - dazle the eies of the judges, it was wisely in this realme ordained by our - auncestors, That the king should not plead but by his atturney; and that in all - publike causes wherein the king or Commonweale were priuatly interessed, the - kings name should be still cancelled, and the matter pleaded but in the name of - his attourney. Which thing the rest of the - 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 - auncestors receiued, that if the king will in priuat iudgements against priuat - men, be restored, the kings attourney shall not in demaunding thereof hold his - seat and place, but chaunge the same, least he should seeme to plead a publike - and not a priuat cause. But whereas we have said, the power of the magistrats - to be suspended in the presence of the prince, belongeth unto the whole princes - familie, so long as they waite vppon the prince: for ouer them the ciuil - magistrats have no power, except such magistrats as the prince hath appointed for the executing of the iurisdiction of the - court.

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Yet a man might demaund, Whether the magistrat might forbid a subiect or - priuatWhether a magistrat may for a subiect to come unto the being as then within - the iurisdiction of his territorie? man to come unto the court, being - within the iurisdiction of his territorie? Which is not without some - difficultie: howbeit without entring into farther dispute, I say, that the - magistrat banishing the guiltie subiect out of the territorie of his - iurisdiction, where the prince may then be, secretly also forbiddeth him to - approach the court, albeit that he cannot expresly forbid him to come unto the - princes court. Wherein the rule of Vlpian the lawyer - taketh place, which saith, Expressa nocent, non expressa non - nocent, Things expressed hurt, but things not expressed hurt not. And I - 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 used 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 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 - albeit that the superiour courts of this kingdome have used to banish men out - of the realme, and so out of the bounds of their iurisdiction, yet should such - their iudgement take none effect, if the king in whose name the courts of - Parliament giue iudgement, gaue them not commission so to do, and that his - royall commaunds were not unto such their sentences subscribed: So their - decrees also in forme begin in the kings name.

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Now as the presence of the Prince holdeth the power of all Magistrats in - suspence,The power of the lesser magistrates to cease in - the presence of the . so is it also to be - deemed of the power of the superiour magistrates or commissioners ouer the - inferior. As a man may see in Fraunce, where the Presidents & Councelours, - every one in his iurisdiction, and the Masters of - Requestes in all seates of iustice, (except - the soueraigne courts) have power to commaund the Seneschals, Bailiffes, - Prouosts, and other inferior magistrates, when they come into their prouinces, - and sit in their places of justice, and there may iudge, ordaine, and commaund - as superiours unto their inferiours, and prohibit them to proceed any further, - which is generall to all superiour magistrats towards their inferiours, as - saith the law: Iudicium soluitur, ventante eo qui iudicare - iusserat, vel qui maius imperium in ea iurisdictione habet, The - iudgement is stayed, he forbidding it which commaunded it, or he which hath - greater power in the same iurisdiction. Where the word, Imperium, or power, signifieth not onely the power to commaund, or - forbid, but euen the magistrat himselfe: As when Cicero - saith: Maius imperium à minori rogari ius non est, - Lawfull it is not, for the greater power to be - examined by the lesse; he would say, that the magistrat or commissioner equall - or superiour in power, is not bound to answere before his companion, or one - lesse then himselfe, which is a Maxime of the auntients, which Messala the Lawyer declareth by example, as thus: A minore imperto, maius, aut a maiore collega rogari iure non - potest: quare neque Consules aut Praetores, Censoribus, neque Censores, - Consulibus aut Praetoribus turbant, aut retinent auspicia, at Censores inter - se; rursus Praetores Consules{que} inter se, & vitiant et obtinent, - The greater power cannot by right be examined by the lesse, or a fellow in - office, by an other his fellow officer though greater then him selfe: wherefore - neither the Consuls or Pretors trouble, or keepe the south-sayings from the - Censors, neither the Censors from the Consuls or Pretors, but the Censors - amongst themselves; and so againe the - Pretors and Consuls among themselves, do one hinder an other, and so preuaile. - And these be the words of Messala, which hee saith - himselfe to have writ out of the xiiij booke of C. - Tuditanus, but hath failed in that which he saith after: Praetor etsi Collega Consulis est, neque Praetorem, neque - Consulem iure rogare potest, The Pretor although he be the Consuls - companion, can by right examine neither the Pretor nor the Consul, which was - happely done by the errour of him that write it: For he should have said: Praetor etsi Collega Praetoris est, The Pretor although - he be the Pretors companion, and not, Consulis, or the - Consuls: except we should salue the matter, in saying that the Consuls, - Pretors, and Censors were all fellowes and companions: Quia - soli ijsdem auspicijs, ijsdem comitijs, id est maioribus - - - - creabantur, caeteri magistratus minoribus auspicijs & - comitijs, for that they alone were created and chosen, by the same - diuinations and assemblies, that is to say the greater: whereas the other - magistrats were chosen by the lesser, for otherwise the Latins neuer abused the - word (Collega) in that sence; Besides that the Pretor - was neuer the Consuls companion or fellow: but well to the contrarie, appeal - might lawfully be made from the Pretor to the Consul. As we read that Aemylius Lepidus the Consul receiued a man appealing from - the Pretor Orestes; and by a contrarie decree reuersed - the Pretors decree. So we read also that Luctatius the - Consull tooke the triumph from Valerius the Pretor, for - that he being Consull was the generall of the armie, although he were that day - from the armie wherein the victorie was got. That showeth also the power of the Consull to have beene greater then the - Pretors, for that the Consull had twelue Lictors, and the Pretors but two in - the citie, and sixe at the most if they were sent into the prouinces, whom the - Greekes therefore called , for so it is by the law Lectoria prouided, which was made concerning the - power of the Pretor of the citie; who was of all other Pretors the greatest: - Praetor Vrbanus duos Lictores apud se habeto, isque ad - supremum solis occasum ius inter ciues dicito, The Pretor (or Prouost) - of the citie, let him have with him two Lictors, and let him administer justice - amongst the citizens unto the going downe of the sunne. Wherefore let this - stand for good, not onely fellowes and companions in - the same power, but also magistrats of like and equall power, not to have power to examine one another, and therefore much - lesse them which have greater power than themselves.

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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 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 - commaundement, and empeachment or opposition: for companions or fellowes in - office have no commaunding power one of them ouer an other, and yet - neuerthelesse they may in publique actions one of them oppose themselves - against an other, and so hinder one an others proceedings. - - Fellowes in office although they have no power one of them - ouer an other, yet may they well hinder one an others proceedings, and - why? As Piso the Pretor or judge betwixt - straungers and the citisens of Rome, oft times troubled Verres the Pretor of the citie, sitting in iudgement of causes betwixt - citisen and citisen: causing his tribunall seat to be brought neere unto the - tribunall seat of the Pretor of the citie, so to hinder the vniust and - iniurious decrees of Verres; and so administred iustice - unto the citisens flying from the tribunall seat of the citie, unto him, as by - the law they might. And therefore Cicero in one of his - lawes sayth: Magistratus nec obedientem, & nociuum ciem, mulcta, verberibus, vinculis coerceto, nisi par - maiorue potestas prohibessit, Let the magistrat restraine the - disobedient and hurtfull citisen, with fine, stripes, and bondes, except an - equall or greater power forbid it to be done:The Magistrat - can do nothing in the presence of his companion equall in power with himself - without his expresse consent. neither sufficeth it to say prohibessit, or forbid it, for that the magistrat can do - nothing in the presence of his companion - equall in power with himselfe, without his expresse consent, or else that he - submit himselfe unto his power. As it appeareth in that which Paulus the lawyer saith: Apud eum cui par imperium - est manumitti non posse, & Praetorem apud Praetorem manumittere non - posse, Before him which hath equall power (with himselfe) a man cannot - 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 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 - seene, whether they were at vnitie betwixt themselves or not. And therefore Liuie surnamed the Salter, carried away the triumph from - Claudius Nero his fellow and companion in the - Consulship, for that he commaunded that day wherein the victorie was obtained - (as saith Liuie) albeit that the battell were giuen - against Hasdruball by consent of them both; For Lucius Caesar (as Festus Pompeius - writeth) deemeth him to be called the greater Consul, which had the bundels of - rods or maces; or him which was first made Consul; which Paulus himselfe confirmeth. And all this wisely, for if both of them - should at once have had the power, nothing could have beene peaceable, nothing - firme or sure in the great affaires of the - Commonweale. Wherefore the Decemuiri beeing created at Rome for the reforming - of the Commonweale, and making of the lawes of the xij Tables; it was added - unto the law, That they should by turnes have the maces with the power to - commaund. Now if any man aske the reason why a fellow in office may impeach or - stay his fellow officer in his proceeding, if they both have authoritie and - power at the same time: it is grounded vpon the reason generall, of all them - which have any thing in common, wherein he which forbiddeth hath most force, - and his condition in that case is better than his which would proceed on - further. Which reason preuaileth also, when question is of the force & - power of laws, wherein the force of the law which - forbiddeth, is greater then of that which commaundeth. - -

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But whereas we have said Magistrats of like power or fellowes in office not to - beMagistrats of like power, or fellows in office, bound - to the power or commaund of their fellowes, being▪ In number more. - bound to the power or commaund of their companions or fellowes, that is so true - if that they both be in number equall: for in all Corporations and Colleges, - they which are in number most, are also superiour in power: and therefore the - lesse part of magistrats fellowes in office, cannot forbid the greater. But if - all the Magistrats were of one mind and opinion, these words were wont to be - written vpon their decrees and edicts, Pro Collegio, for - the Colledge, (which shall in their place be expounded.) But if it be true that - we have said, why did then Messala say? Consulem ab omnibus magistratibus concionē auocare posse▪ ab - eo neminem: deinde Praetorem ab alijs preterquàm a Consulibus: minores - magistratus nusquam nec concionem nec comitatum auocasse, That the - Consull might call the assemble of the people - from al the Magistrats, but none might call them from him, and so next after - him that the Pretors might call them from all others, excepting from the - Consuls: but that the lesser magistrats could no where call away, neither the - assemblie nor sessions of the people. Wherof it followeth, that the impeachment - & opposition of the lesser magistrats could not in any sort let or hinder - the actions or commaunds of the greater. Whereunto I aunswere, that to call - away belongeth to power and commaund, which opposition doth not. Now there is - great difference, whether you commaund, or otherwise hinder any thing to be - done, as we will hereafter more plainely declare. But first it is to be noted, - that that which Messala saith is true in other - magistrats, but not in the Tribunes of the people: whome wee have showed to have had the title of magistrats, with power - to assemble and call together the common people, and to constraine the Consuls - to giue place unto their opposition, not so much by the power they had to - commaund▪ as by imprisoning of their persons, and seising of their goods: for - if they commaunded any thing, and the magistrat refused or reiected their - commands, they forthwith for such their contempt, commanded them to be cast in - prison: For so Seruilius the Senator directing his - speech unto the Tribunes, saith, Vos Tribunt plebis Senatus - appellat, vt in tanto discrimine Reipublicae Dictatorem dicere Consules - provestra potestate cogatis, Tribuni pro collegio pronuntiant, placere - Consules Senatus dicto audientes esse, aut in vincula se duc iussuros, The Senat calleth vpon you the - Tribunes of the people, that in so great a daunger of the - Commonweale, you for the power you have, - would compell the Consuls to nominat a Dictator. The Tribunes in the name of - the colledge of Tribunes pronounced that their pleasure was, that the Consuls - should be obedient unto the commaund of the Senat: threatning otherwise to - commaund them to bee cast into bonds. And it was so farre from being lawfull - for the Consuls to have power to hinder the assemblies of the common people - called together by the Tribunes, as that it was not in their power so much as - 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 understand, whome he made to be cast in prison - for interrupting him in his speech unto the - people.

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That also which we have said, the greater part of a companie, or colledge of - magistratsThe opposition of one of the Tribunes of the - people, sufficient to hinder the proceedings of all the magistrate in Rome, - as also the proceedings of the rest of his fellow Tribunes. to - preuaile against the lesser, taketh not place amongst the Tribunes of the - people, one of the Tribunes voices being able of it selfe to stay all the - proceedings, not of the Senat onely, but of all other the magistrats, yea & - of the rest of his fellow Tribunes also: whereas to the contrarie, the acts of - 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 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 - Appius the Censor by force held his power and - Censorship longer than he should have done, and the time thereof being now - expired, contratie to the law Aemilia, Sempronius the - Tribune of the people in the open assemblie of the people, said unto him, Ego te Appi in vincula duci iubebo nisi Aemiliae legi - parueris, approbantibus sex Tribunis actionem collegae, tres auxilio fuerunt - summaque inuidia omnium or dinum solus Censuram gessit, I will commaund - thee, O Appius (saith he) to be cast into bonds, except - thou obey the law Aemilia; and six so of the Tribunes allowing & approuing - the doing of their companion and follow Tribunes, three others of them tooke - part with Appius, and so hee alone held his Censorship, with the great enuie and hart-burning - of all sorts of men. So likewise at such time as Cicero - then Consull (the armie of Cateline beeing discomfited - and ouerthrowne, by the conduct of C. Antonius the other - Consull) bare all the sway in the citie, and had turned all the favour of the - people unto himselfe alone, nine of the Tribunes of the people to restraine - such his immoderat power, were all of opinion to send for Pompey with his armie; and had so done, had not Cato one of the Tribunes of the people alone opposed himselfe in Ciceroes behalfe, and so hindered the proceeding of his - fellow Tribunes. So when Scipio Africanus accused of - extortion, was to have bene cast in prison, he was saued onely by Sempronius one of the Tribunes, and father of the Gracchies, opposing himselfe against his - fellowes. - -

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But how (might some man say) could one Tribune alone let the actions and - proceedings of the Senat, of the Consuls, yea and of all his companions and - fellowes in office also? Yet most certaine it is that he might so do, if the - other Tribunes preferred not a request against him unto the people, to have him - put out of his office and authoritie. And therefore at the request of Tiberius Gracchus the Tribune, Marcus - Octauius another of the Tribunes, withstanding the profit of the - people, and the enacting of the lawes for the diuision of lands, was of - necessitie to be thrust out of his office of the Tribuneship, before the law - Sempronia for the diuision of lands could bee established. And to that end - tendeth that speech of the Tribune unto the Senators, in Liuie, Faxo ne iuuet vox ista veto, qua collegas nostros tam laeti - concinentes auditis, contemni iam Tribunos - - - - plebis, quippe potestas Tribunitia suam ipsa vim frangat - intercedendo, I shall make (saith he) that this word Veto, (or, I forbid) which you now so merrie heare our fellowes - together singing, shall helpe you nothing, the Tribunes of the people must now - needs be contemned, for that the Tribunitial power doth weaken the power of - itselfe, by opposing it selfe against it selfe. But this power and opposition - of the Tribune, was ordained and prouided for the libertie of the people, and - against force offered them, and not for the priuat profit of the Tribunes - themselves: who if question were of any particular of theirs, whether it were - in civill or criminall causes, were not in any thing respected, but suffered - iudgement, as other men did, if some one or other of their fellowes in office enterposed not themselves, and so letted the - proceeding. As when Lucius Cotta one of the Tribunes of - the people, being sued, would neither answere nor pay his creditors, Fiducia sacrosanctae potestatis, as bearing himselfe vpon - the reputation and credit of the most sacred power of the Tribuneship; his - companions in office openly denounced unto him, That they would aid the - creditors against him, except hee made them payment. Yet at length by little - and little it was agreed, That the colledge or companie of Tribunes, should be - also bound unto the same lawes and customes that other colledges and companies - were, viz. That decrees made by the consent of the - greater part should bind the rest. As is easily to be gathered of that which - Liuie saith, - - Ex auctoritate Senatus latum est ad populum, ne quis templum - arcemue iniussu Senatus, aut - - - - Tribunorum plebis maioris partis dedicaret, It was by - the authoritie of the Senat propounded to the people, That no man without the - commaund of the Senat, or of the greater part of the Tribunes of the people, - should dedicat a temple or a castle. And afterwards by the law Attilia it was - ordained, That the Pretor of the citie, and the greater part of the Tribunes of - the people, might appoint tutors unto women and fatherlesse children. Which - custome grew into such force, as that the Senat commaunded Quintus Pompeius Rufus a Tribune of the people to be cast into prison, - for that he being but one, went about to forbid an assemblie of the states to - bee called. Whereas otherwise the wilfull rage of one furious Tribune might - have troubled the whole state of the Commonweale. And this was the cause why - the Consull being about to assemble the great - estates of the people, by sound of trumpet caused an edict to bee proclaimed, - forbidding all magistrats lesser than himselfe, to have regard unto the Auspicia, that is to say, unto the disposition of the - ayre, or the flight of birds, for the coniecturing thereby, whether the thing - which was then taken in hand, were agreeable with the wil and pleasure of their - gods or not. For if it thundered or lightned neuer so little, or if the birds - were seene to flie on the right hand, or if any of them there present fell of - the falling sicknes, (which was therefore called Morbus - comitialis) or if any other monster were borne, the assembly was - accounted thereby polluted, and so the people presently broke vp and departed - without any thing doing: the sooth-sayers thereby denouncing unto them, That - the gods were then angrie, and not well pleased with their doings. Which was the charge of the Augures or soothsayers so - to denounce unto them, but yet might not lawfully oppose themselus against that - was to be done, as might the magistrats of equall power, or greater: but if the - magistrats were inferiour unto him that held the assembly of the estates, their - opposing of themselves could not let the further proceeding of the superior - magistrat, howbeit that such acts or proceedings were thereby defectiue, and so - subiect to reuocation. In such sort, as that Caius - Figulus the Consull with his companion, after he had bene chosen, taken - his oath, and transported his armie euen into Spaine; yet was he neuerthelesse - with his fellow Consull, by a decree of the Senat, called backe againe home and - enforced to giue vp their power and authoritie: For that the soothsayers had - before declared unto Tiberius Gracchus the Consull (then holding the great assemblies for the - choyce of the Consuls) That the signes and tokens whereby they tooke their - predictions were vnfortunat and contrary. Wherefore the lesser magistrats could - not trouble the assemblies of the greater, or cal the people alreadie assembled - from them, but such magistrats onely as were equall and of like power with - them. But the Tribunes of the people although they might not interrupt the - assemblies of the greater magistrats, or cal the assembled people from them, - yet might they by opposing of themselves hinder their other actions and - 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, 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 - magistrats to the greater; and not from the greater to the lesser, or to any - other, but equal in authoritie with them. in the verie assemblie of - the people.

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And as publike actions are troubled or letted by magistrats equal or greater in - power than they by whome they are done, opposing themselves against them: so - beeing once done, appeale is to be made from the lesser magistrats unto the - greater, sauing unto euerie man his iurisdiction and power. Now if it bee not - in the lesser magistrats power to commaund the - greater, or to stay his proceedings, much lesse can he vndoe what he hath alreadie done, reuerse his iudgements, or - receiue appeales made from him, which are not lawfully to be admitted from the - greater magistrats unto their fellowes or men equall in authoritie with - themselves. But euen to the contrarie, if a magistrats deputie or lieutenant be - preferred to like estate or degree with the magistrat whose deputie or - lieutenant he is, his commission of deputation or lieutenancie ceaseth, and the - acts by him begun are interrupted and broken off. Wherefore if the equall or - 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 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 - seuere decree forbad the judges or magistrats of them which have territoriall - iurisdiction, to bind the kings magistrats or judges with their edicts or - prohibitions: and that if they did otherwise, the kings magistrats or judges - might by way of iustice proceed against them for so doing.

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But here a man might doubt, Whether the inferiour or lesser magistrat, who - mayWhether the inferiour magistrat which may be - commaunded by the superior, may also be commanded by the superiour - magistrates Lieutenant or deputie. be commaunded by the superiour, - may also be commaunded by the superiour magistrats lieutenant, or deputie? - Which most have thought to be a thing without doubt, considering that the lieutenants, or deputies, command - nothing in their owne names, neither can do any thing but in the name of the - magistrat whose place they hold, and unto whome the inferiour magistrat oweth - obedience. For otherwise if it were lawfull for the inferiour magistrats to - disobey the lieutenants or deputies of their superiours, other particular men - by the same reason might likewise withstand them, which were the way to ruinat - & ouerthrow the whole estate of the Commonweal. Howbeit that it might also - be said, that magistrats lieutenants erected in title of office have power and - authoritie by the law, and so also power to commaund in their owne names, and - in that qualitie to constraine the inferiour magistrats to obey them. Yet - neuerthelesse I say, that in that they are lieutenants or deputies unto other - the superiour magistrats, they cannot commaund - or giue our commission in their owne names; which if they do, the inferiour - magistrats are not bound to obey them: As was adiudged by a decree of the - parliament of Paris, at the suit of the Seneschal of Touraine against his - lieutenant, who published edicts and decrees in his owne name, which should - have bene set forth in the name of the Seneschall himselfe. Which was a thing - 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 - 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 - the suppressing of those offices) but contrariwise the erection of their - lieutenants in the title of lieutenants, was much more to establish the honour - of the Seneschals and Bailifes, and yet so to diminish their power. As first - the Senators at Rome, and after that the emperours themselves, were woont to - appoint lieutenants unto the Proconsuls (or gouernours of their prouinces) who - yet for all that had not their power to commaund from the Senat or the - emperour, but from the Proconsuls or gouernours themselves. Wherefore the law - saith, Apud legatum Proconsulis non est legis actio, - that is to say, that he might do no exploit or act of iustice, but in the name of another man: not for that▪ it was not - lawfull for the Proconsuls lieutenants, as it - was for the lieutenants of al other magistrats to manumise or enfranchise - within the precinct and territorie of the prouince of those magistrats whose - lieutenants they were. Which the doctor Cuias hath - denied, and in the auntient reading corrected these words, Ex - quo prouinciam ingressus est: Which his correction if it were to be - admitted, thereof should follow diuers ineuitable absurdities, these words (as - hee would have them) being left out: for so the lieutenants could not in the - territorie of their magistrats, ordaine, decree, commaund, or do any thing; - which is all that the law properly calleth Legis - actiones, or the actions of the law; all which we read lieutenants to - have still done in their owne prouinces: and yet neuerthelesse the Maires, and - Duumuirs, or Consuls of villages & townes, had power to manumise or - enfranchise, and to appoint tutors by - commission within their owne iurisdiction. Wherfore the execution or action of - the law, is not in the magistrats lieutenāts or deputies, but in thē which so - appointed the lieutenants or deputies. Yea the magistrat himselfe, who doth but - exercise another mans iurisdiction, can in his owne name commaund nothing. - Wherof it commeth, that a man cannot appeale from a lieutenant or deputie, unto - him whose lieutenant or deputie he is: for so appeale should be made from the - same man to himselfe. Howbeit that the magistrat may examine the iniurie and - wrong done to priuat men by his lieutenant or deputie; and that because the - lieutenant or deputy hath not all the iurisdiction and power of the magistrat, - whose lieutenant or deputie hee is: and yet lesse in auntient time, than at - this present, when as the lieutenants of the Proconsuls or gouernours of countries, had no power to inflict - corporall punishment vpon any. The princes lieutenants generall also in the - wars, albeit that they have a most high commaund and power ouer all souldiors, - of what degree or condition soeuer, yet if any of the princes of the blood - offend against the lawes militarie, the hearing and triall thereof belongeth - not unto the lieutenants generall, but unto the soueraigne prince himselfe; or - at least wise unto the chapiter of the knights of the order, especially in case - it concerne either honour, or life. And in much more strong tearmes, if - question be of ecclesiasticall discipline, onely the bishops are not bound to - aunswere before the archbishops officials, or vicars generall; as it was by a - decree of the parliament ofThe power of the superior - magistrats ouer the inferior▪ extendeth not farther than their owne - terriory seat and iurisdiction. Paris, - 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 understood in their owne - territorie, seat, and iurisdiction▪ out of which they are but as other priuat - and particular men, without power or commaund.

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But now the question might be asked, Whether that magistrats equall and - fellowsHonour and dignitie in nothing to communicate with - authoritie and power. in authoritie and power, be also equall in - honour and dignitie? Whereunto I aunswere, that honor and dignitie doth in - nothing communicat with authoritie and power: yea oftentimes it chaunceth and - commeth to passe, that hee which hath most honour, hath so much the lesse - power: than which secret none is almost greater, or more profitable for the - maintenance & preseruation of the Aristocraticall or Popular - Commonweales, or that is in any place of the - world better kept than in Venice. Of the Consuls he that was first chosen - Consull, was also first named in all their publike acts and fastes, and so had - the honour of precedence: but if they were both at once chosen, he that was the - elder was in honour also aboue his fellow, vntill the law Pappia Poppeia, which - gaue the prerogatiue of honour unto the married Consull: or if they were both - married, then unto him that had most children, which supplied the number of - yeares. So amongst the Pretors, who were all of one colledge or companie, and - their power all one; he which was called Vrbanus (or the - Pretor of the citie) was in dignitie and honour aboue - the rest, and so called the Greatest Pretor, for that he was first of all - chosen, and in the absence of the Consuls - held their places, assembled the Senat, and called together the greatest - estates, with such other like things belonging to the office of the Consuls. - And amongst the ten Archontes of equall power in Athens, there was one, who yet - in honour exceeding the rest, had the publike acts authorised in his name, and - gaue himselfe names also unto the Annales and publike acts and decrees, and was - thereof called . So - 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 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, - wherein mention should bee made of the court of parliament, and of the great - Councell, the Court of parliament of Paris should alwayes be set formost. So - whereas the kings Attourneies are almost in number infinit, he of the - parliament of Paris hath alwaies the prerogatiue of honour aboue all the rest - of the kings Attourneies, who all are sworne unto the judges of the soueraigne - courts (wherein they are Attourneies) except the Attourney generall of the - Parliament of Paris, who is not to bee sworne but unto the king onely. So wee - see that the Constable of Fraunce, and the Chauncelor, albeit that they have - not power or commaund one of them aboue the other, but are equall in - sitting, and in going side by side, yet - neuerthelesse the more honourable place is reserued unto the Constable▪ which - is on the right hand of the king, and the Chauncellor on the left: except some - haply may say him to have that place for to beare the kings sword vpon the - 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 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. - -

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But forasmuch as we have said, that magistrats equall in power, or which hold - nothingWhether equall lords or cōpeeres of the same - territorie and iurisdiction, may chastice or reforme one another. one - of them another, cannot be commaunded one of them by another; a man may doubt - whether if amongst many princes or coequall lords, one offend, hee may be - restrayned or corrected by the other princes or lords his equels? For why, - 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 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 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 - power and iurisdiction, were to do execution before iudgement, and to spoile - the lord or magistrat of his estate or place before he were heard. And albeit - that the threats, penalties, edicts, and decrees, expressed and set down in the - lawes, had the force of a thing alreadie iudged, as some have thought them to - have: yet so it is, that the fact in question is - alwaies in iudgement to be tried, whether it - were done or no; and in case it be confessed, yet before the execution, must - the sentence be pronounced by the mouth of the judge, who can have no power - ouer his compeere, who hath equall power and authoritie in the same territorie - with himselfe, as we have before declared, following therein the sounder - opinion of the greater part of lawyers, not much regarding that others say, - That euerie man is there to be iudged where he hath offended: which is so true, - if there be no lawful cause which may hinder iudgement to be in the same place - giuen. In a colledge or companie of magistrats, orIn a - colledge or companie of magistrats or judges the greater part agreeing in - one, may iudge or chastice any one or the lesser part of their fellowes. A - difference betwixt seruice and iurisdiction. judges, if the greater - part of them agree in one, there is no doubt but that they may iudge or - chastice any one, or the lesser part of their fellowes: as they did in the - Senat of Rome, after the law which Adrian the emperour - made for the iudging of Senators; and as they - doe in all the courts of this realme. But betweene many equall lords or - compeers of the same territorie, the reason is farre otherwise; for that euerie - one of them hath himselfe the whole iurisdiction and power, nor cannot iudge - but by turnes, one of them after another, neither have more than one seat of - iustice, in one and the same iurisdiction, but by the new grant of their patron - 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, - 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 - the territories, as if they were indeed seruices; least in so doing we should - passe without the bounds of our purpose. Sufficeth it in passing by, to say, - Iurisdiction to hold so little of fee, as that the soueraigne prince selling or - giuing a fee, of what nature soeuer it be, is not therefore to be reputed to - have giuen or sold the iurisdiction thereto belonging; as it hath ofttimes bene - iudged, & at length because it should no more be doubted of, was by an - edict of Philip the faire more straitly prouided for: - yea although the donation were by the soueraigne prince made to religious or - deuout vses; which many (but without cause) have excepted, the law being made - generall. Seeing therefore that magistrats in power equall, or which hold not - any thing one of them of another, cannot be commaunded or corrected one of them - by another; much lesse can the equall lords or - compeers of the same territorie and iurisdiction commaund or reforme one - another, but the superiour magistrat or predominant lord is to have the hearing - and determining of the matter. By our customes the superiour courts have - reserued unto themselves, the controversies of the kings magistrats and - officers amongst themselves, concerning their power and iurisdiction. But if - question be for the executing of the decrees or iudgements of one of them in - the territorie of another, it is to be done by honest request and leaue before - obtained: howbeit that by a new law, that custome is taken away out of this our - Commonweale, and power giuen unto pursiuants to put in execution all the - magistrats commaunds, almost throughout all the kingdome. As for soueraigne - princes, not subiect to the power or commaund - of others, they must in such case, of necessitie vse requests one to another, - for that they cannot be compelled by the command of any greater power, as - magistrats may, who without any leaue asked, suffer the iudgements of other - magistrats to be put into execution in their prouinces: or in case they refuse - so to doe, are to be constrained by the superior powers. Which asking of leaue - of the greater or equall power to execute or suffer iudgement giuen out of - their territories, to bee executed therein, offering to do or suffer the like - to be done in theirs, as occasion shall require, hath of all antiquitie beene - observed and kept. Howbeit it seemeth the Roman empire - yet florishing, that to put in execution a mandat or iudgement out of ones owne - territorie, it was needfull first to obtaine - the Emperours letters of commaund, seeing that the law saith, Sententiam Romae dictam, possunt Praesides in prouincijs, si hoc iussi - fuerint exequi, The Presidents in their prouinces may put in execution - 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 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 - occasions of quarrels and iealousies amongst Magistrats, seeing the decrees of - their equals, or of their inferiours, against - their wils to be put in execution in their owne territories: which oft times - turne to the great hurt of the subiects, and dishonour of the Commonweale, one - of the magistrats, or of such as are in authoritie, in dispite of the other - discharging their cholerique passions vpon the poore innocents: As did the - Consul Marcellus, who inContention - betwixt great magistrats or courts, about their power and iurisdiction, - alwaies unto the poore subiect hurtfull. despite of Caesar caused certeine of the citisens of Nouocome to be whipped, to - make them to know (as he said) that Caesar had no power - to giue unto them the right and freedome of the citisens of Rome. But much - greater is the poore subiects harmes if such contention and difference for - power and authoritie, fall out amongst the greatest magistrats, or highest - Courts. As I remember such a difference fell out betwixt the parliament of Paris, and of Burdeaux, about the execution of - an arrest giuen in the parliament of Paris; which the parliament of Burdeaux - vpon the princes commaund suffered to be executed within the iurisdiction - thereof, but with condition, that if any opposition or appeale were in the - doing thereof made, the parliament of Burdeaux should have the hearing and - disciding thereof. He which had the execution of the matter, willing to proceed - farther, notwithstanding the opposition of the defendant, appeal was by the - partie made unto the parliament of Bourdeaux, whom the plaintife preuented in - the parliament of Paris. This contention betwixt the two parliaments was by the - king referred unto the great Counsel; where it was decreed, That to receiue and - heare the appeale belonged unto the parliament of Paris; for that every man - ought of right to be the interpreter and - expounder of his owne meaning: and as none but the prince may declare his lawes - and commaundements, so it belongeth to the magistrat to declare the meaning of - his owne sentence. Now here question was of the right meaning of a thing - alreadie iudged, at such time as the partie guiltie offered his opposition unto - the officer, putting into execution the decrees of the higher Court, from which - a man may not by the lawes appeale▪ unto which opposition of the partie - guiltie, if the officer giue not way, then it is vsuall to appeale, not so much - from the sentence of the higher Court, as from the iniurie of the officer which - would not heare the opposition, which he must needes, except the Court have - commaunded the iudgement thereof to be put in execution, notwithstanding any - opposition. - -

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But what if the Magistrat shall have no respect or regard unto the requestes or - decreesWilful magistrats by the prince or their superiors - to be enforced to suffer iustice to bee done within their - iurisdiction of his equall, or of the inferiour magistrat, nor suffer - their commaundements to be put in execution within his iurisdiction. Truely in - this case he is to be thereunto by the superiour magistrats compelled: or if - 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 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 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 - execution the commaunds of the royall magistrats in the territorie of such - lords as had therein territoriall iurisdiction, were first to aske them leaue; - vntill that afterwards it was by the most strait decrees of the highest courts - forbidden them so to doe, for that therein the soueraigne maiestie of the king - seemed to be something empaired.

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But yet it might be demaunded, whether the inferiour Magistrats might cause - theirWhether the inferiour Magistrat be to have leaue - from the superiour, unto whom appeale was made, to put his owne sentence in - execution, the appeale being now let fall. commaunds to be put in - execution, without the leaue of the superiour magistrat, unto whom appeale was made? and that after the same appeale let - fall, and the time past, appointed for the prosecuting thereof; which the - Lawiers to no purpose call Fatalia, enduced thereunto by - an old errour and inueterat fault of them which have translated the Code, and - authentiques out of Greeke into Latin, wherein for , they have red , which is to say, fatall daies, for daies - prefixed and of assignation: which the law of the twelue Tables called Statos des, daies appointed; as - in this law, Si status dies cum hoste, that is to say, - If the day appointed with a straunger. Neither euer did lawier or man that - could speak Latin, vse this forme of speaking, neither hath any of the Latins - or Greeks called them for or Fatales. The - Lawiers have oftentimes divided Dies sessionum, a diebus - continuis, Daies - - The errour of the word Fatales. - - of Session, from daies of Continuation. And if any thing were by the - magistrat commaunded to be done within a certaine time, the Lawiers called it - Statutum tempus, and edictum - peremptorium, a time appointed, or edict peremptorie: but when the time - wherein the sute ought to be determined is expired and past, or that the sute - is let fall, we say, Litem mori, the sute to die; or instantiam perimi, the instance to be lost: as before, we - say, Litem viuere, or, the suit to live: but none of the - Lawiers hath vsurped Fatalem diem, or Fatalia tempora, a fatall day, or fatall times. But all this errour is - deriued of the chaunging of this one Greeke letter into , for seeing that by the word , or , the Greeks aswell as - the Hebrewes signifie Fatum, or destinie, they must - needes translate , fatalem diem, that is to say, a fatall day. Demosthenes - - oft times calleth it , which the Latins call statum diem; and we in our practise, praefixam, - that is to say, an appointed, or prefixed day: for so Demosthenes saith against Media, - - , & against Stephanus, - - : and sometimes also he - saith, , as to Nicostratus: and the later Greeks have called it , & , but neuer called it - . And so pope Synesius metaphorically calleth the last day of a mans - life , because he would - not call it , or - Fatall; a word unto Christian men and true religion straunge. Wherefore for - Fatall daies of appeales, we shall more truely and better vse the tearmes of - Appointed times, for so the lawyer calleth them. But that Iustinians lawes were written in Greeke before they were written in - Latin, I suppose no man to doubt. And that the - Theodosian and Hermogenian - Codes, out of whome Iustinians Code was almost all - compiled, were as well written in Greek as in Latin, it is plaine: and so the - law Properandum to have beene translated rather by a - Greeke than by a Latinist, being altogether writ in the Greeke phrase, as - namely calling the defendant fugientem, or the partie - flying away; which is the proper Greeke word ▪ Neither ought it to seeme straunge, that - the Greekes translated the Roman lawes, and euen Iustinians Iustitutions into Greeke; seeing them to have translated - most of the writings of Thomas Aquinas, as also the - latter bookes of Aristotles Metaphysikes out of Arabike - into Greeke, the Greeke copie being before lost. - But to returne againe from whence we have - digressed, and to resolue the propounded question; I say, that it is not - needfull for the inferiour magistrat, the appeale being let fall, to have leaue - of the superiour magistrat (unto whome the appeale was made) for the putting in - execution of their owne iudgements: as in the time of our auncestors, the - manner was, by letters of iustice (as they tearmed them) which by a decree of - Charles the seuenth, were vtterly abolished and taken - away: sufficeth it the appeale being once giuen ouer before the iudge that gaue - the sentence, to request, that the same may now be put in execution, except the - superiour magistrat unto whome the partie condemned hath appealed, hath - expresly before forbid the executionto be done. In which case it is needfull, - that such prohibitiō be taken away, before the inferior magistrat proceed - further. For otherwise it is not requisit, - that the appeale should by the superiour magistrat be declared to be let fall - 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 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 - life, and afterwards write back their aunswere; whereas otherwise, in causes - concerning life and death, if the magistrat giue not way unto the appeale, he - himselfe is in danger of capitall punishment. Yea and in this case, the - magistrat for not yeelding unto the appeale, - is guiltie of treason, albeit that question were but concerning the whipping of - a citisen.

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Now all that which we have hitherto said concerning magistrats, and of the - 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 - Turkes, at the request of the French king, or of some other priuat man whome - the matter doth concerne, cause the iudgement to be put in execution, without - 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, 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 - Scepters and Crownes. The French marchant excepteth against the Venetian, and - no regard being had to his exception, appealeth unto the court of parliament. - Where most were of opinion, that the sentence so giuen was to bee put in - execution, without any farther examination, whether it were rightfully iudged - or not: which otherwise might▪ seeme a wrong - offered unto the Seigneurie of Venice, which might vse the like circumstāce, - & examine the iudgements of the magistrats of France, and also reuerse - them, rather in revenge of their wronged maiestie, than for the iniquitie of - the same. Yet for that the marchant was condemned by default, it was thought - meet to have it enquired, whether he had by couenant in this point submitted - himselfe unto the Venetian Seigneurie and iurisdiction or not? And then, - whether the iudgement were duely giuen, after certaine peremptorie edicts and - appointed times, according to the laws and customs of the Venetians? Which - being found to be so, the court adiudged the sentence to be put in executiō. - And this is the course in priuat iudgements. Howbeit - if question were of the honour, or life, not of one of our owne subiects - only, but euen of a straunger flying unto - vs, the iudgement of a straunge magistrat is not to be put in execution, before - the truth of the matter be againe of fresh and throughly examined and tried. - Yea Adrian the emperour commaunded the gouernours of his - prouinces, to vse (for - that word the law vseth) that is to say, to iudge againe of them which had - beene condemned, by the justices of peace euen of the same Roman empire. And - that which I have said, is right straitly observed and kept in the Commonweales - of the Swissers, of Geueue, of Venice, Lucque, and Genes, who cause the - condemned straungers flying unto them, to be againe of new tried, before they - restore them unto forrein princes, demaunding from them such their - condemnedWhether soueraign princes be bound to restore - straungers flying unto them, unto their owne princes demaunding them - againe. subiects againe. For so all lawiers almost with one consent - say; Soueraigne Princes not to be bound to - restore Straungers flying unto them, unto their owne Princes demaunding them - againe. Which is true that they are not bound in any civill obligation, from - which all soueraigne princes are exempted: but they without any distinction of - the Law of nations or nature, altogether denie that a forrein subiect is to be - restored unto his prince requiring him againe. Onely Baldus addeth this condition therunto, Not to restore him to be right, - so that the prince unto whom the condemned or guiltie person is so fled, do - vpon him iustice. But if they will confesse every Prince by the lawes both of - God and nature to be bound to doe iustice; they must also confesse that he is - bound to restore another mans subiect unto his owne natural prince, demanding - him: not onely for the more manifest trying out of the truth, and discouering - of the conspirators their partakers, for which - their personall presence and confrontation is most necessarie; but also for - exemplarie punishment to be done, in the same places where the offences were - committed: which of all other things seemeth most to belong unto the profit to - arise unto the Commonweale by punishments, as examples of common revenge, the - death of the offender, being one of the least thing that in matter of iustice - is to be sought after. And if Magistrats in the same Commonweale are by mutuall - obligation bound to helpe one an other, and so the Commonwealth, (whereunto - next unto God we owe all our endeuours) for the prosecuting and punishing of - malefactors and offenders; why then should Princes be exempted from theA notable of Mahomet the Great, first - emperour of th Turkes. like bond, so well - agreeing with the lawes both of God and nature? Wherein the notable act of Mahomet (the second of - that name) emperour of Constantinople, euen he which was surnamed the Great, is - tight worthily commended; in that he caused the murtherer, who had most cruelly - slaine Iulian de Medices in the Church before the - Aultar, to be apprehended at Constantinople whether he was fled, and so bound - hand and foote, to be restored to Laurence de Medices - and the state of Florence, requesting of him: which he did not as respecting - the power of the Florentines, being then but small, but as fearing the hand and - power of the immortall and almightie God. And in this Realme the custome hath - alwaies beene to restore the guiltie fugitiues unto their owne Lords and - Princes demaunding of them, except therein question be made of the maiestie, - boundes, or state of the kingdome, which hath beene by their decrees determined. One of the parliament of Paris: Another of - the court of Rome against the king of England, who demaunding his fugitiue - subiect, was denyed him: And the third of the parliament of Tholouse: that of - Rome being then grounded vpon the soueraigntie of the See of Rome ouer the - realme of England. But out of tearmes of estate, and where question is but of - publique punishment, there is no Prince which is not bound to restore another - mans subiect unto his Prince demaunding him, as hath beene solemnly iudged by - the parliament of Bourdeaux: howbeit that the same hath beene also expresly - articulated in diuers treaties of peace. As in the treatie which the Swissers made with the emperour Charles the fift, as Duke of Millan, the vij article caried an expresse clause, for the restoring of guiltie - fugitiues. And for this cause king Henry the second, - after he had by his Embassadour requested the Lords and people of Geneua, to - restore unto him Baptista Didato an Italian, his - Receiuer generall of Roan, who was thither fled with all the money of the - receipt: which they being thereto oftentimes requested, refused to doe: At - length the king protested unto the Lords of Berne, in whose protection the - Seignorie of Geneua then was, that he would vse the law of Reprisall against - them of Geneua; who before had resolved in their grand Councell of two hundred, - in no wise to restore him: but afterwards being by an Herault sent from them of - Berne, willed to deliver him unto the king, they chaunged that their former - opinion for the detaining of him: So at length the robber of the - cōmon. treasure was forsaken by them of - Geneua, lest they in doing otherwise should have stirred vp the displeasure of - a most mighty king, or of the Swissers against them, as also seeme to have - opened a sanctuarie or place of refuge for the eues, and other such like wicked - men. And this we have gathered out of the letters of the French embassador to - Anne Mommorancie Constable of Fraunce, so that they - are to be blamed which otherwise either thinke or write. Wherefore I hold it to - be an iniurie unto the estateA guilty fugitiue is not by - another prince to be detained, but restored after he is by his owne prince - demaunded. of another man, to detaine a guiltie fugitiue after he is - demaunded to be againe unto his owne prince restored; and much more if he - should be so detained by the subiects among themselves. For which cause all the - Tribes of Israel combined themselves against the Tribe of Beniamin, which was - so vtterly destroyed, except sixe hundred - persons, for refusing to restore the guiltie persons demaunded of them. And for - the - - . Iudic. 20. cap. - - same cause we find that the Hippotae were all destroyed, and their - citie vterlie razed by the Thebaus; for that they - chose rather to defend the murtherers of Phox the - Baeotian, and for them to take vp armes, then to restore them unto the Thebans, - demaunding them. But if the Prince unto whom the fugitiue is retired certeinly - 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 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 - not to restore a fugitiue - - - - Deut. 16. 23. seruant - unto his angry master, from whose furie he is fled into anothers mans - house.

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And thus much concerning Magistrats; and the obedience that they owe unto - Princes, and of the power that they have ouer particular men, and of the - respect that they ought to have one of them towards an other. But to compare - the Magistrats of auntient time, with ours now, belongeth not to this our - purpose, considering that they are still in chaunge, howbeit that wee see them - to be like in effect, although that they differ in names. As we read in the - booke of the kings, where it is said, That Azarias the - sonne of the high priest Tsadoc was neere unto the - person of Salomon to instruct him in matters concerning - Religion; that Iosophat was chiefe of his councell, or - his Chauncellour; that Eliphore, and Aiah were his Secretaries for the - estate; that Banaia was his Constable; and Azarias the sonne of Natan his - Lieutenant generall ouer the gouernments of the twelue Tribes, which are and - have beene as it were like in all Monarchies. So in like maner we see in the - Turkish Empire, that the first and principall Bassa is - Generall of the armie, as Constable or chiefe Mareschall; and Beglerbegs are - gouernours generall of Prouinces; the Zanzacks are as more particular and - inferiour gouernours; the two Cadilesquires are the Chauncelours, attendinding - unto the administration of justice, the one in Asia, the other in Europe; the - Sabbassaes and Cadies are the ordinarie magistrats and judges; the Mophti is - the great Bishop. So in the kingdomes of Thunes, of - Fes, and of Maroch, the Munafide is as Chauncelour, the Admirall is Generall of the armie at Sea, a word or name - 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 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.

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- - - - CAAP. VII. ¶ Of Corporations, and Colledges, Estates, - and Communities, and what profits or - inconueniences ensue thereof unto the Commonweale. - -

- - NOw after that we have spoken of a Familie, and of - the parts thereof, of Soueraigntie, and of Magistrats; we must speake of - Corporations and Colledges also: wherefore let vs then first speake of the - cause of Corporations and Colledges, and after of their power and priuileges in - generall, and of the maner of punishing of them, if they offend: and last of - all whether the Commonweale can be without them. The difference of a Familie, - from Corporations and Colledges, and so of them from a Commonweale, is such as is the difference of the parts - from the whole: for the communitie of many heads of a familie, or of a village, - or of a towne, or of a countrie, may be without a Commonweale, aswell as a - familie without a colledge. And, as many familiesThe - difference betwixt familie, a colledge, and a - Commonweale. by amitie alyed, are members of one corporation and - communitie; so many corporations and communities allyed by a soueraigne power, - make one Commonweale. Now a familie is a communitie naturall; a colledge is a - communitie civill; and a Commonweale hath that moreouer, That it is a - 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 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 - societies. (as we say) it selfe a naturall societie, and by the - father of nature it selfe first founded in the beginning together with mankind. - But when reason, by God himselfe ingrafted in vs, had made man desirous of the - companie and societie of man, and to participate together both in speech and - conuersation; the same so wrought, as that proceeding farther from the loue of - them that were domesticall & their owne, it extended farther, to take - pleasure in the propagation and encrease of families. So also families by - little and little departing from their first beginning, learned by civill - societie to imitate the naturall societie of a familie. For why, a Commonweale - is a civill societie, which can of it selfe - 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 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 - of the weather, and the rage of wilde beasts: and after that Hamlets and - 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 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 - take from them their springs, their fountaines, or pleasant places; or to driue - them from their pastures or feedings: which violence so offered by the - stronger, enforced the weaker either to seeke out places by nature defencible - and strong, or else by art or wisedome to fortifie themselves, their children, - wiues, and families, with ditches, trenches, and walles, whereof strong townes - and cities arise. For so Dionysius - - long since writeth king Seruius to have placed certeine places of refuge in the mountaines - & strongest hilles, whether the poore countrie men might retire themselves - out of the fields, so to saue themselves from the incursions of their enemies. - And yet could not the enemies force be so kept off with walles and other - fortifications, but that they which had so shut vp themselves therein, were yet - neuerthelesse besieged by the stronger. For why, the first sort of men was most - giuen to rapine, murther, and theft, delightingThe first - sort of man, most delighted in theft and murther, and oppressing of others - weaker than themselves. in nothing more, nor accounting any honour - greater than to robbe and kill, and to oppresse the weaker sort as Slaves: as - Plutarch well agreeing with the sacred historie most - truely writeth. And long before Plutarch, Thucidides the - most famous historiographer of them that florished among the Greekes reporteth, - all Greece but a little before his time to - have beene troubled with the robberies and outrages committedTheft and robberie in auntient time no disgrace nor shame. by the - mightier sort; and then robberie & theft to have bene no disgrace or shame. - Yea such as traueiled by Sea or land (as the same authour reporteth) when they - met, before they came neere together, used commonly (and that without any - reproach or imputation) to aske whether they were Robbers or Pyrates or not. - And not onely Plato, and his disciple Aristotle, have put robberie among the kinds of hunting, but the - Hebrewes also▪ who call theeves and Robbers, mightie hunters, as they did Nimroth. And by the lawes of Solon - it is plaine, that men might lawfully ioine in fellowshipTheft in auntient time lawfull both amongst the Greekes and Latins. - to robbe and steale, (prouided alwaies that it were not from the subiects of - their owne estate) as appeareth by these - words, , which the - Latin interpretour thinking to be absurd and false, hath wrested them another - way: For what other thing is , than to robbe? And what other thing is - , but ? Neither were robberies - lesse allowed of the auntient Latines than they were of the Greeks and - Hebrewes, as it is to be perceiued by the first league made betwixt the Romans - and the Carthaginensians: wherein it was thus expresly set downe: * Vltra Promontorium pulchri praedae aut mercaturae gratia - Romani ne nauiganto, - - - - Polyb. Lib. 3. Beyond the faire Promontorie, - the Romans shall not saile either for bootie, or in trade of marchandize. From - which kind of robberies long it was before other people also abstained: for so - Caesar speaking of the Germaines in his time - saith, - - Latrocinia nullam habent infamiam, quae extra fines - cuiuscunque ciuitatis fiunt, atque ea iuuentutis exercendae, ac desidiae - minuendae causa fieri praedicant, Robberies done without the boundes of - every citie, have with them no infamie; and those they say to be done for the - exercise of the youth, and auoiding of slouth. This licence and impunitie of - robbing and reauing, constrained men which as yet had no Princes nor - Magistrats, to ioyne themselves in societie and amitie for the defence of one - an other, and to make Communities and Fraternities, which the Greekes called - , and , as brethren which drew - water of the same well, which they called , as also , which are rurall and countrie people - vsing the faire fountaine, which the Dorians called - , and whereof such - countrie villages were called Pagi, as the Latines also said them Commessari, who in the same countrey villages, which the Greekes - called ▪ did ordinarily - eate and drinke together: as - - Festus in verbo pagi. The societies of men, why they - were first sought out. - - Festus writeth. Whereby it is plainely to be seene, the - societies of men among themselves, to have bene at the first sought out for the - leading of their lives in more safetie and quiet: and them first of all to have - sprung from the loue which was betwixt man and wife: From them to have flowed - the mutuall loue betwixt parents and their children: then the loue of brethren - and sisters one towards another: and after them the friendship betwixt cosens - and other nie kinsmen: and last of all, the loue and good will which is betwixt - men ioyned in alliance: which had all at length growne cold, and bene vtterly - exstinguished, had it not bene nourished, maintained, and kept, by societies, - communities, corporations, and colledges: - the vnion of whome hath for long time in safetie maintained many people, - without any forme of a Commonweale, or soueraigne powerThe - happy estate of the people of Israel before they had any king, or other - forme of Aristocratique or popular commonweale. ouer them. So the - people of Israel for a long time florished in great tranquilitie without kings, - and without any Popular or Aristocraticall estate, euerie man liuing at his - pleasure in all libertie, euerie Tribe being in it selfe vnited by the bond of - bloud and kindred, and all of them together by the communitie of their law and - sacrifices. Who when they were by any enemie to be assailed or inuaded, the - estates of their Tribes and communities assembling together, made choyce of a - chieftaine, unto whom they gaue soueraigne power; and namely of such an one as - God had with his spirit enspired and stirred vp amongst them. So of many Tribes - and families together vnited, was made - - Commonweale, by meane of a soueraigne power set ouer - them. And for this cause the princes and lawgiuers which first founded - Commonweals, who had not yet discouered the difficulties they were to proue, to - keep & maintaine their subiects by way of iustice, ordained and maintained - fraternities, communities, and colledges; to the end, that the parts and - members of the self same body of a Commonweale, being at accord among - 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 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, - which were kept on certaine appointed dayes of the yeare. And afterwards also - ordained a fraternitie of marchants, to whome he gaue Mercurie for their patron: which he seemed to have done to the - imitation of Solon, who by a positiue law permitted all - manner of fraternities and communities whatsoeuer, with power for them to make - such lawes and statutes among themselves as they should see good, so that they - were not contrarie unto the publike positiue lawes of the state. Lycurgus also did not onely permit, but straitly commaund - also to maintaine and cherish such societies and communities, as well generall - as particular; and that all his subiects should take their refection and diet - in companies of fifteene and fifteene together: which for that they were kept - for friendship sake, were called , of the friendship that they had - one of them with another. As also in almost - all the other townes of Greece, there were the like fraternities and companies, - whome they called , as - in Italie the same colledges and companies were called Sodalitia; for the vnitie, companie, andAmitie and - friendship the foundation of 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 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 - keeping and maintaining thereof, than iustice it selfe: For that iustice neuer flexible, but alwayes keeping the vprightnesse of - it selfe, by iust iudgement well endeth suits; - but not hatred, making oft times of friends foes: whereas amitie and - friendship, which is by company nourished, yeelding of the right of it selfe, - best establisheth the true naturall iustice, and plucketh vp all controversies - by the root, with great quietnesse and loue reconciling subiects among - themselves, together with the Commonweale. Now the principall end & scope - of all laws, both diuine and humane, is to keep and maintaine the loue of men - one towards another amongst themselves, and them altogether in their dutie - towards God; which cannot better be done, than by ordinarie and orderly - conuersing and combining of men themselves together.

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Wherefore the Cretentians in auntient time did all eat and drinke together, - 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 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 - no other cause, but that so men might be together vnited in religion towards - God, and mutuall loue and friendship one to another among themselves. The same - was also well observedOrderly feasts and meetings of old - time instituted to maintaine loue and amitie amongst men. & kept - in the Christian primitiue church, who oftentimes made such feasts, which they - called , for the deuout - kissings, and charitable embracements one of them (in the feruensie of their - zeale) gaue to another, in the ending of them, besides their ordinarie - behauiour and communication. And albeit - that many things are long since by tract of time growne out of vse, yet - neuerthelesse a resemblance of those old feastes is yet shadowed in our holy - feasts and banquets: which not faigned but true feasts the Venetians do with - most great care and solemnitie keepe: but the Swissers better than in any place - of the world, where the fraternities and companies in euerie towne have their - common houses or halles▪ wherein they oftentimes make their feasts and bankets, - neither is there any village so little, which hath not a common house in it for - that purpose. Where if any strife or contention shall arise amongst them that - be of the fellowship or companie, it is by the common consent there ended, and - the definitiue sentence there written, not in paper, but vpon the verie table - whereon they have banqueted, and that not with - inke, but with chalke. And as in auntient time artisans, marchants, priests, - bishops, and all sorts of men had their fraternities, and companies: so had - also the philosophers, and especially the Pythagorians, - who ordinarily met together, and lived for most part of their time in common. - And thus much concerning the cause, the beginning, and progresse of - corporations, and colledges, communities, and companies: which afterwards by - succession of time have in all Commonweales beene better ruled by lawes, - statutes, and customes.

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But that all things which are to be said of corporations and colledges, may in - order be declared: Let vs first orderly set downe and show, what power every - corporation or colledge is of, and what - 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 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. - Colledges without iurisdiction, are such as are ordained for the bringing vp of - youth, or for fellowship of physitians, or of other schollers, or of marchants, - or of handie craft and trades men, or of companies of husbandmen: but such as have iurisdiction, are colledges of magistrats, and - judges, such as of whome we have before - spoken. Colledges ordained and made for religion, or for publike deuotion, are - growne into number almost infinit; differing as wee see, in lawes, manners, - life, attire, orders, fashions, and apparell. And it may be, that a colledge - may be particular to one occupation, or to one science, or to one companie of - marchants, or to one iurisdiction: and it may also be, that two or moe - colledges, may bee vnited into one bodie, as all manner of occupations - together, all sorts of marchants, or all maisters of sciences, or all the - magistrats; which ought not of right to bee called a colledge, but a bodie - politique, or corporation: albeit that by the ambiguitie of words they be - oftentimes together confounded. For there was one colledge of the Tribunes, - another of the Pretors, and another of the Questors: but when these three - colledges meet together into one and the selfe - same bodie, it is foolishly called a colledge: and yet can it not rightly be - tearmed an Vniuersitie, which consisteth of the companie and assemblie of all - the citisens, colledges, and corporations, yea and sometimes also of the - villages of the same countrey. Wherefore we shall rather call it a bodie - politique than a colledge: which so together groweth of many colledges, or - persons of vnlike condition. And it may be also, that all the particular - colledges may have the right of a generall communitie, or of an vniuersitie. - And that not onely all the colledges and communities, but that also all the - inhabitants ioyned together with the corporation & colledges of a towne, or - of a countrey, or of a prouince, may have the right of a communitie for to hold - their estates. Moreouer the right of a colledge or companie may be giuen - to euerie mysterie or occupation in - 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 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: - but unto the place also where it ought to meet, unto the time and manner of - meeting, and to what things ought to bee entreated of, in their assembly. And - the word communitie, or consociation, signifieth that there ought some thing to - be common to all that be fellowes of the colledge orevery - college of societie must have somthing common to al the fellowes thereof, - being otherwise no college. societie: For where there is nothing - common, there is no colledge: sufficient it is for them to have their meeting common, their attourney or agent - 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, 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 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 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 - all those things among themselves common, as weeWhat number - of fellowes ought to be in college or - societie. see those to have, which are together ioyned for studie, - religion or deuotion sake.

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As for the number of fellowes in a colledge or societie, it is no matter what - it bee, so that they be not fewer than three: for that otherwise it cannot be a - colledge. Wherefore the Romans called it not a - colledge of their Censors, or Consuls, as they did of - - 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, 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, 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, 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 under the - power and correction of the principall.

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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, 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 - bishop or abbat? Which question being by the learned on both parts disputed, - yet remaineth vndecided. But to leaue the disputation apart, it seemeth, that - he which is chosen by the colledge or prince to commaund all the fellowes in - 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, 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 divided, - as, the Bishop, Chanons, and Chpite; the Abbat, - Religious, & Couent; the Principall, Bursors, & Colledge. Wherein one - of the chiefest lawyers hath bene deceiued, saying, That the Philosophers have - called the persons of a colledge, the colledge: showing indeed no Philosophie - in so saying, consideringThat a college is a name of right: - and consisteth not in the persons of the fellows, but may stil remaine, all - the fellowes thereof being dead. that a colledge is a name of right, - and that all the reuenew and right of a colledge may remaine in one person, the rest of the fellowes being all dead. And in - case that all the fellowes of a colledge were dead, yet doth the right of a - colledge remaine: neither can the lands or goods thereof be confiscated, except - the right of a colledge be before by the supreme authoritie suppressed. For one - of the principall priuileges of corporations and colleges is, that legacies may - be unto them giuen by testament: wheras societie by the law forbidden, are not - colleges, but vnlawfull assemblies, unto whom it is not by the law permitted, - to leaue any thing by testament, albeit that legacies may be giuen unto euerie - one of the colledges. But to the intent such vnlawfull companies and assemblies - might be repressed, I thinke it needfull, that it should by law bee - forbidden, any lands or legacies to be unto - al or any of them left by testament, as unto fellows of such corporations or - colledges.

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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 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 - giuen to al colledges, except to the colledges of the Iewes, unto whome it was - yet lawfull to meet together for religion sake, and to have their Synagogues: - as is to be seene in the oration of the ambassadour Philo, unto the emperour Caligula. And Augustus himselfe by letters pattens directed unto the - gouernours of the prouinces of the empire, commanded, - That they should permit and suffer the Iewes to enioy their colledges. - Whereupon - - Augustus a great fauorour of th - Iewes. - - Narbanus Proconsull of Asia, forbad the magistrats of - Ephesus in any sort to let of disturbe them. Yea that more is, Augustus himselfe commaunded a dailie and perpetuall - sacrifice of a calfe, a goat, and a ram, to be made at Hierusalem for the - welfare of himselfe, and of the Commonweale: and willed an ordinarie almes or - doale to bee giuen unto the Iewes, of his owne proper costs and charges, for - the reliefe of their necessitie. There be also corporations and colledges of - judges and magistrats, which yet are not capable of testamentarie legacies, if - they have not expresse leaue by their erection and institution so to doe. As - was iudged against the Senat of Rome: whereunto Russius - Caepio one of the Senators, had giuen by legacie a certaine summe of - money, which he willed to be still distributed to them onely which came unto - the councell: which legacie the Senat - demaunding, Caepio his heires denied it to bee unto the - Senat due: in which controversie Domitian the emperour - gaue sentence for the heire, and excluded the Senat, although it were the most - auntient, and most necessarie corporation of all the Roman Commonweale.

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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 - the chief colleges in a Commonweal. almost infinit, according to the - diuersitie of the particular colledges and communities themselves. Now the - chiefe corporations or colledges, and which have most power in a Commonweale, - are the colledges of judges and magistrats: who not onely have power ouer euerie one of their fellowes, and the lesser part - of their owne colledge, but ouer other particular colledges also; and so ouer - others subiect to their iurisdiction, and yet without their colledge. And in - this the colledges of judges and magistrats notably differ from other - colledges: for that other colledges are established euerie one of them for the - good gouernment of that onely which is unto themselves common; whereas the - colledges of judges and magistrats, are principally erected for the good of - other subiects, and to rule the other colledges, as also to chastice them if - they shall transgresse their lawes and statutes. But as a wise man ought first - to be wise for himselfe, and then for others; as also to looke first into - himselfe, before he can rightly iudge of others; or as the Hebrewes in their - proverbes say, That charitie ought first to begin of it selfe, if it be well ruled: So ought the colledges of - judges and magistrats, first to establish iustice amongst themselves, euerie - one of them in particular, and to themselves all in generall, the better to - distribute the same to the other subiects.

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But question might be made, Whether it were more expedient that the - colledgesWhether it w more - expedient the colledges of magistrats and judges to be iudged and reformed - by their fellowes of the same societie, or by others. of magistrats - and judges, should be iudged by their fellowes, or by others? for some - particular reasons, which in due place we shall hereafter set downe. But here - to make the matter short, If the colledge for the most part be composed of - euill and naughtie men, it is not to be left unto themselves, to iudge of their - owne misdemainers; but they are to be iudged by the superiour magistrats, if - they have power ouer them; or by the prince, in case they be not by any other - superiour magistrat to be reformed. But if the - greater part of them be good and honest men, there is then no doubt but that it - 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 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 - onely. And for the selfe same reason the civill - iurisdiction of marchants, and for the trade - of marchandise hath bene wisely in all Italie, and since that in Fraunce - committed and giuen to certaine magistrats and Consuls of the corporation and - companie of marchants, summarily to decide the differences arising about the - contracts of marchandise, which have in them I know not how certaine secrets, - not to others well knowne.

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As for other corporations and colledges, as of physitians, and tradesmen, - 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 - statutes and priuileges, limited and allowed them; and sometime without any - limitation at all left unto the wisdome and discretion of the corporation or - colledge, or of the head thereof: which ought - to be used with such moderation, as the father is to vse towards his children: - 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 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 that - sometimes they gaue vp the ghost vpon the altar of Diana - whilest they were yet in whipping; most part of them not daring so much as to - sigh or grone, for feare they had to be accounted faint harted cowards. And - albeit that the 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 - 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 - of colledges, or to the colledges themselves: but in such countries as are unto - themselves subiect. For albeit that pope Gregorie the - eleuenth in a Bull graunted for the confirmation of the priuileges of the - Vniueritie of Paris, before graunted by the popes - Vrban the fift, and Innocent - the sixt, in one article prouided, That if a scholler committed any thing deseruing punishment, the hearing - thereof should belong unto the bishop of Paris onely: and in another article - also, That no scholler should from thenceforth bee imprisoned for whatsoeuer - debt. Yet the French kings and magistrats have oeentimes well declared themselves not to bee bound to any such the popes - Bulles. Yet true it is, that colledges instituted for religion, have ordinarily - the correcting of them that are therein professed; and that so much the more, - as their rule and order is the straiter: For which cause such as have therein - 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 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 - colledge. For why, neither mans lawes, nor the statutes or priuileges of - princes can derogat from the lawes of God and nature, which hath expresly bound - children unto the obedience of their fathers and mothers; from which they can - by no otherwise free, or yet deliver tthemselves, than by lawfull emancipation: - or their fathers silence, who in saying nothing, seeme to have consented unto - their childrens vowes, which by speaking they might have letted: which cōsent - for all that excuseth not children from doing the - honour and reuerence due unto their parents, although that they being so - professed, be from thenceforth accounted - children of the colledge; unto whome also their colledges in right of - inheritance succeed, they themselves beeing accounted of seruile estate & - condition. For which cause the canonists giue unto the abbies power and - authoritie ouer their owne religious, exempt from the bishops, which hath - 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 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 - happeneth: wherewith the wise magistrats - ought to meet, & according to the law of God to draw the murtherers from - 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 - 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 - himselfe may by his monkes be conuented before the ordinarie judge, and that as - well in criminall as civill matters: who may also freely appeale from the - sentence of their abbat unto his superiour, as it hath oftentimes beene iudged - by the decrees of the parliament of Paris; & that without leaue, as - witnesseth Panormitan the Abbot. the abbat of - Palermo; and hath also bene iudged by the - parliament of Bourdeaux. And for the same reason if the colledge would without - cause thrust out or depriue one of the fellowes of his right, priuilege, and - libertie in the colledge, the hearing of the cause belongeth to the ordinarie - judge of the colledge. Howbeit that in auntient time the corporations and - colledges of Artisans, Marchants, and other such like, had this power (for the - remouing of their fellowes) as we read in Cicero of the - Roman marchants, Mercuriales & Capitolini, M. Furium - hominem nequam, equitem Romanum de collegio deiecerunt, The Mereuriales and Capitolini (saith - he) thrust M. Furius a naughtie man, and yet a gentleman - of Rome, out of their colledge or companie. And in Lacedemonia (as Plutarch writeth) it was lawfull for to thrust out of - their colledges or companies, him that had - discouered or reuealed the secets of their companie. - As in like case Panormitan the abbat writeth, That in - abbies or colledges erected for deuotion, the chapiters have power to thrust - out any of the fellowes, or to depriue him of his ordinarie diuidents, but not - to beat him, or to vse senre correction vpon him, or - yet to imprison him; as hath bene iudeged by a decree of the parliament of - Paris.

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But yet here a man might aske, Whether a colledge may make a decree, That none - of the fellowes shal conuent or sue another of his fellowes, before any other - judges but the colledge? And in case it be so decreed, whether hee that shall - breake the decree so made and sue his fellow before another judge, shall be - bound unto the civill penaltie in the decree set downe? Wherein Sceuola the lawyer is of opinion, the decree to bee - good; and that the fellow of a colledge or - societie cannot have recourse unto other magistrats, contrarie unto the decree - of the colledge, but in paying the penaltie in the decree of the colledge - expressed. Howbeit (in mine opinion) this decree is not general, neither can - take place in causes criminall, no more than the conditionall penalties set - downe in arbitrements, which have no place if they concerne matters of crime. - Secondarily mine opinion is, That the decree of a colledge or companie, euen in - civill causes hath no place, if all the fellowes of the colledge or societie - giue not thereunto their consents, as they do in arbitrements, whereunto no man - is bound that would not. For in all communities, - corporations and colledges, and so generally in - - How decrees are in colleges and societies to be made, to - bind every one of them to that is common to every one of them in particular, - as also to that which is common to them all iointly and indiuisibly - together. euerie societie and companie, if question be of any thing - which is common to them al in particular & apart from the community, the - expresse consent of every one of them is therin requisit, if any thing be - therin to be done. But if question be of that which is commō to them all - iointly & indiuisibly, it sufficeth that the greater part be of one - opinion, for the binding of the rest: Prouided alwaies, that nothing be - ordained or decreed, contrarie to the statutes of the colledge, established by - the soueraigne prince, or by the founder of such corporation or colledge, - authorised by the prince. Wherfore the laws of the Commonweale, and the - statutes of the colledge standing whole and entire, the colledge may make - decrees which may bind the lesser part all together, and all the fellowes in - particular: yet still prouided, that two third parts of the fellowes consent - unto the making of the decree: albeit that - they be not all of one aduise or opinion, in matters concerning their common - society, although that such decrees so made cannot bind the greater part of the - fellows collectiuely, and much lesse the whole corporation and college: no more - than the prince is bound to his owne law, or the testator to his owne will, or - particular men unto their owne agreements, from which they may by their common - consent reuolt, nothing beeing more agreeing with reason and nature, than - euerie thing to be dissolued, by the same meanes that it was made.

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But yet it might be doubted, Whether decrees made by the consent and good - likingWhether decres made by the consent of an whole - college or societie: may by the greater part thereof againe be abrogated or - repealed. of an whole colledge or societie, might bee againe repealed - and abrogated by the greater part, or two third parts of the same societie or - colledge? Which I doubt not but that they may - in al common estates, corporations, and colledges, if question be but of things - common to them al in generall (as they are one vnited body:) but if question be - of euerie mans right by himselfe particular and apart from others, then euerie - man is to giue his consent thereunto. Wherefore if the assemblies of the - estates in a Commonweale consist and be of diuers bodies, as in the diets of - the empire, and in all other Commonweales are composed of three orders and - degrees of men, viz. of the Clergie, the Nobilitie, and - Comminaltie, nothing can be done or decreed by any two of the orders, to the - hurt or preiudice of the third, especially if the matter concerne every one of - the orders by themselves apart. By which reason I caused two of the orders of - Fraunce, to chaunge their opinions in - matter concerning the third. For at such time as I was sent deputie for the - prouince of Vermandois to Blois (whither king Henry the - iij had called an assemblie or parliament of al the kingdome of France) a great - and weightie question was moued amongst the three estates, Whether it were more - indifferent, and better also, the requests of the people to bee before the - 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, 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 - generall, might so be from a few in the name of the whole extorted. Wherefore - the question being more throughly debated, I denied that the matter could so by - vs bee passed, without a more speciall commission from the people. Neither that - if wee had any such speciall commission from the people, could it yet by vs bee - done, without the great daunger of the whole Commonweale; and that for many - reasons, by me then discouered: whereby I drew the rest of my fellowes backe - againe to mine opinion, who laied this charge vppon mee to remoue also the - other two orders of estate from their former receiued - and setled opinion. But when the Archbishop of Lyons (President of the Ecclesiasticall estate) earnestly - withstood me, seriously alleaging that the Clergie and Nobilitie had before so - resolved; I showed him, that such a Prerogatiue had from all antiquitie beene - kept to every of the three Estates, as that no two of them could decree any - thing to the preiudice of the third: as it had before without any difficultie - passed in the parliament at Orleance; and as it is also used 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 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 - presence of Ruze Bishop of Angiers, and other Lords, - That Bodin at his pleasure had ouer ruled the - Estates.

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But if question be of a thing common to all a corporation or colledge, and - whichThe greater part of a Colledge or Communitie alwaies - reputed for the whole, and therefore may as it seemeth good, determine of - any thing which concerneth the whole corporation or colledge. - concerneth not any the particular members apart from the whole bodie, but the - whole and entire bodie onely; the greater part of the societie, may at their - discretion thereof determine: albeit that the whole communitie have determined - that their Statutes and orders should not be infringed, but by the consent of - all the fellowes. For why, The greater part of a Communitie is alwaies reputed - for the whole. Yea the law willeth, that he which is chosen of a communitie or - colledge to entreat and discide of their common affaires, may bind every one of - the colledge. Wherefore they are deceiued - which write the greater par, or two third parts of a - Colledge, to be able to do nothing, if the colledge have made a statute, That - they must all thereto consent: for if that might take place, then any one of - the fellowes himselfe alone might empeach and stay the aduise, decrees, and - resolutions of the whole societie; which is contrarie to the formall - disposition of the law, which willeth, That in all acts concerning a communie - or corporation, the greater part should be the stronger; and that the more part - of two third parts, may giue lawe to all the fellowes in particular, whether - the rest of the fellowes be there present or absent. For why, it is not - needfull that they should all be present, that the decrees should stand good, - and that especially in light matters; prouided yet that they be all thereunto - summoned or called. Howbeit that in matters of waight & consequence, it is needfull that two third parts be there - present, albeit that they all giue not their consents, except it be by a - speciall law prouided that the two third parts must of necessitie agree in one. - As by the iudiciall lawes of Lewes the xij the French - king, it is ordained, That two parts of the Iudges, and no fewer, may in the - higher Courts end any civill cause: whereas in criminall causes, equall voices - acquite the partie accused; who yet otherwise is to be condemned, if the - greater part do but by one voice exceed the lesser. So also by a decree of Gregorte the x, concerning the election of the Pope, he - must have two third parts of the colledge of Cardinals that is to be chosen - Pope. As also in many elections of the heads of Colledges, it is necessarie - that two third parts of the colledge should agree in one. Yea sometime it is - necessarie that all the fellowes should be of - one and the selfe same accord. As in Rome it was by the Tribunitiall law - requisite that all the ten Tribunes should be of one opinion and mind, or at - least wise not openly to discent, for that otherwise one Tribune alone might - empeach and stay the proceedings of the whole Colledge. Now if they all agreed - in one, then unto the decree were ioyned these words, Pro - Collegio, for the Colledge: otherwise if there be no speciall statutes - or law to the contrarie, the greater part of two third parts sufficieth in all - acts concerning the communitie of corporations and colledges.

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It is also necessarie, that the consent whereof we speake, bee giuen in the - common assembly of the corporation or colledge: for - albeit that all the fellowes had seperately - - For the making of a decree in a colledge, or corporation, - the consent is to be giuen in the cōon assembly - of the same, & that in time & plac by the - statutes theeof appointed. and apart - consented unto any thing concerning that which is common to all the Colledge, - yet so it is that such act is not to any effect or purpose, neither for nor - against them which have so giuen their consents, although it were done euen - before publique notaries: for that it is not done by the Colledge, which is - done by all the fellowes apart. Neither sufficeth it that all they of the - Corporation or Colledge were called together, if it were not in time and place, - by the Statutes appointed. Wherefore two parts of the fellowes gathered - together, can do more, than all the fellowes consenting apart.

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But here some man may aske, who shall call the fellowes together? Wherein many - are of opinion, that the most auntient fellow of the Colledge or Societie, hath - power - - To whom it belongeth to call the fellowes together in a - colledge or societie. to call the rest together; as also to condemne - them of contumacie for not comming▪ and yet for all that not to have power to - fine them, which is but a ridiculous thing, if such contumacie cannot be - punished, neither by him, nor yet by the colledge; as certein it is that it - cannot: wherfore such calling of the fellows together, by the most auntient - fellow, is but vaine, except that the fellowes of their owne accord be content - to obey the same. And therefore the Senat during the Consulship of Caesar could not be assembled or called together, Caesar the greatest magistrat forbidding the same, as is - afore said. Othersome are of an other opinion, and hold, That two third parts - of a Colledge may of right call together the rest: but yet who shall then call - together those two third parts they say not. Howbeit is two third parts suffice - to do and determine the affaires of a - corporation or communitie, we need not to trouble our selues with the rest, all - the fellowes being called. Howbeit the custome kept almost in all corporations - and colledges is, for the elders by their seruants or other ministers to call - together the rest; or else for them of them selues to come together at the - tolling of a bell, or the sound of a Trumpet; as in auntient time they did in - Graece and Rome, when as the magistrats which had power to assemble the people, - or the Senat, caused their commaunds by the sound of a Trumpet to be published - to the people in particular, but not to all in generall, for that they could - not be so in that sort commaunded. And who so obeyed not but refused to come, - him the magistrat had power to fine, or seize vpon his goods. As we see how - that Marcus Antonius being Consull, threatned - - 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 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. - Yet may the greater part of the fellowes together, depriue every particular - fellow of part of the profit and commoditie he is to have of his Colledge, if - being orderly called he shall refuse to come, it being so decreed; yet so that - it be moderately - - That it is lawful for all colleges & corporations to - make such orders as they shal thinke best for themselves, not derogating - from such orders as were giuen them from their soueraigne prince, or from - the lawes and ordinances of the Common weale. done. Wherefore to - conclude this question of the power of Communities, Corporations, and - Colledges, we may say Solons law to have generally place - in every Commonweale, and to be approued by the Interpretors of both the lawes: - that is to say, that it is free for all lawfull communities, corporations, and - colledges, to make such orders as they shall think for themselves best, so that - therby they do not derogate from the statutes of the Colledge, made or - established by the Soueraigne Prince, or that they be not repugnant or - contrarie to the lawes and ordinances of the Commonweale. And in auntient time - it was not forbidden corporations and colledges to make decrees and ordinances - within themselves, without derogating from the publique lawes; as also to put therunto such and so great a penaltie and punishment, - as pleased the Colledge. But since that time - by the statutes and ordinances of every Colledge & Commonweale, that power - hath beene ordinarily cut short, and brought unto some small fie. Neither am I of their opinion, which hold that a - Colledge may make ordinances and decrees without any penaltie annexed unto - them; for that such an ordinance, degree, or statute, should be but - vnprofitable and ridiculous, if no punishment were thereunto apposed against - them that should disobey the same, especially if he that maketh the orders or - decrees have not power by arbitrarie punishment to cause them to be observed - and kept. We see also in many places the Corporations of artificers and such - like, which have the right of a communitie, to have also a certeine forme of - restraining, and visiting of the workes and wares of their occupations or - trades, with power to seise vpon them, or - to breake or confiscate them, if any thing be done contrarie to their decrees - and orders: sauing yet alwaies the Magistrats authoritieWhat - things Corporations and colleges are in their assemblies & meeting 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 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 - they incurre the penaltie appointed against vnlawfull Colledges and - Companies.

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And thus much concerning the power, rights, and priuileges of Corporations and - - - How Corporations & colleges are to be corrected and - punished when they shall offend. Colledges in generall. Let vs now - see also how and in what sort they are to be corrected and punished when they - shall offend. Howbeit that one might say that where no offence is committed, - there no punishment is to be inflicted. Now so it is that a colledge or - corporation cannot offend, nor so much as consent, or doe any thing by fraud or - deceit (as the law saith;) and therefore there lyeth no action of fraud or - deceit against a colledge or corporation, although all the fellowes of the same - colledge, or all the inhabitants of a citie, or all the estates of a countrie, - had particularly and every one of them apart consented thereunto: a thing yet - altogether impossible in corporations and communities of Townes, Countries, - Prouinces, & Commonweales, considering that the children and furious - persons which therein are, cannot yeeld their consent thereto. But forasmuch as things done by the greater part of - the fellowes of a colledgeHow Corporations and Colleges are - said to offend. collegiatly assembled, or by the greater part of the - inhabitants of a towne or citie in a lawfull assemblie, are supposed to be done - by them all, therefore the whole colledge or corporation is punished: as in - rebellions of Townes, and seditions of communities, which are punished in their - Corporations by losse of their priuileges, or of the right of their communitie, - by fines, charges, seruices, and other punishments, according to the qualitie - of the offence: which punishment yet ought not to take place, if the rebellion - or other crime be not committed by the consent of the communitie or - corporation, and decree for the doing thereof made in their common assemblie: - as it was iudged by a decree of the parliament of Paris, for the communitie of - the citie of Corbeil. And yet neuerthelesse, - if the corporall punishment be for the offence committed, to be inflicted, as - whipping, torture, or death, none of the societie or corporation are so to be - punished, but they which were therein partakers, or at least thereunto priuie, - 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 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 - apart for the whole, neither one of them - making satisfaction, are the others thereby discharged. But happely it may - seeme a thing verie vnreasonable and absurd, that many, yea the greater part of - the same colledge or corporation, should be found innocent, and yet to be - altogether punished in the whole bodie, as in the cases by vs before rehearsed. - 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 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 used, 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 - murther committed in the person of their master, ioyning thereunto these - wordes: Omne magnum exemplum habet aliquid - - A notable saying. - - ex iniquo, quod publica vtilitate compensatur, every - great example sauoreth something of iniustice, which (yet for all that) is with - the common profit againe recompensed or requited. But this is not (may some - say) to pay the debt, to alleage one inconuenience in defence of an other, and - of one absurditie to conclude an other. Whereunto I say, that the best iustice - that a man can doe is, of diuers inconueniences at onceOf - diuers inconueniences at once propounded, it is alwaies best to shunne the - greatest. propounded, to shunne the greatest, especially when - question is of such offences as may in no wise be left vnpunished. For we see - that the wisest, & most aduised Lawiers - have descided, That if there be any one slaine, or beaten, or robbed by many, - they are all bound for the whole, albeit that happely it was but one of them - which gaue to him the mortall wound: but if it shall appeare, which of them - killed him, and that it was done without the conspiracie of the rest, onely he - is bound that so slew him: But if it appeare not at all by whom he was slaine, - neither that they had conspired against him, they are all acquited from - corporall punishment; but yet are to be therefore fined: For nothing is more - effectuall for the finding out of that which is true and iust, then that in - doubtfull things it is admitted, still to shunne those things which are more - absurd and vniust. As if a felonie bee done which cannot by one man be - performed; as if many have caried away an other mans timber log, and amongst - those many it appeareth not who it was that - did it, none of them is guiltie of the theft, if we will sticke unto the - subtillitie of the words of the law; and yet are they all indeed guiltie: - whereof the Lawiers have no other reason, but that the inconuenience falleth - greater on the one side, when they would shunne it on the other, which is (as - we said) the greatest reason that a man can have, to find out the truth of all - things, when all other reasons faile. We speake not here of that which enemies - do to townes besieged, and by force taken, pilling, killing, sacking aswell the - good as the bad; and where the better that a man is, the worse commonly he - fareth: but what a prince ought to do against his rebellious subiects. Howbeit - that the Romans, although accounted the most iust people of the world, have not alwaies followed that rule of equitie - and iustice which we before spoke of, but sometimes punished not onely in - generall, but euen in particular,The seueritie of the Romans - 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; 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 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 - - - - authores merit as poenas a dijs immortalibus, & a vobis - habent P. C. quid placet innoxia multitudine fieri? tandem ignotum est - illis, & ciuitas data, For that the authours of the rebellion - (saith he) have from the immortall Gods, and you the appointed fathers, - 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, - 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 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 - also execution was done vpon such as were chiefe doers in the rebellion. The - other Consull Appius more seuere than his fellow Fuluius, would have enquirie made also of their allyes, - who had had secret part in the same conspiracie: Whereunto Fuluius would not agree, saying, That so to do, were but to prouoke - their faithfull and loyall allyes to rebell, in giuing credit unto the - traiterous Campanians▪ Whereby it is manifest withThe - notable clemencie of the emperour Aurelianus. what seueritie the - Romans thought it good to punish their rebellious conspirators, during the time - of their popular gouernment. And as for the Roman Emperours, some of them used towards such offendours gratious favour, - 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 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, - 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 - would not onely the good not to perish together with the euill and wicked, but - promised to be mercifull unto certeine cities, and a multitude of wicked - persons, for some few good men to bee found amongst them. Some others of the - Emperours have contrariwise used most barbarous cruelties, without discretion - killing the good and bad together, and that for the fault of some few. As the - emperour Antonius Caracalla, who in revenge of certeine - rymes and songes made and sung against himThe great crueltie - of Antonius Caracalla, Theodosius the great, Xerxes, and Sylla. at - Alexandria, caused certeine of his garrison souldiours and Praetorian bandes to - bee entermingled with the people as they were there beholding playes: who vpon - a signall giuen, slewe an infinite number of the poore Citisens one with an - other without respect, as they came to hand. - The like whereof hee had also before commaunded to bee put in execution at - Hierusalem. And afterward at Thessalonica, where the Emperour Theodosius the great caused seauen thousand of the inhabitants to bee - slaine one with another pell mell in revenge of certaine of his Receiours and - other his magistrates and officers there slaine, without any deliberation or - decree for the doing thereof, before made in their Communitie or Corporation. - Xerxes king of Persia used an other manner of - revenge, not in deede so cruell as the other, but yet farre more ignominious - and despirefull, causing the noses of all the people - of a citie in Syria to bee cut off (which citie after that was of that euent called Rhinocura) for - the like fault done by some few of them. But of all cruelties that of Syllaes passed, who beside three score thousand citisens - of Rome by him slaine, caused also all the inhabitants of Preneste to bee put - to death, pardoning none but his hoast, who would also needs die with the rest, - saying, That he would not be beholden for his life, unto the murtherer of his - countrey. Which cruelty may yet be borne with, when the vanquished shal chuse - rather to die than to become subiects; as in all ages there have bene such: but - not if they shall bee content to serue and obey them, by whome they are - ouercome and vanquished. So the Pisans (in the memorie of our fathers) not able - to endure the iust gouernment of the Florentines their lords, by the favour of - Charles the eight the French king, yeelded themselves - to Countie Valentine - Borgia, who beeing not able to protect them, they in vaine offered - themselves first to the Genowayes, and then to the Venetians: By both which - states they being reiected, after that they had for a long time beene most - straitly besieged, they yeelded themselves subiects unto the Florentines their - old lords, of whome they easily obtained pardon, and so afterwards continued - their good and faithfull subiects. But Lewes eare of - Flaunders, and the last of his house (for after his death that earledomThe great mischeite which befel earle of - Flaunders, in seeking to ke too sha reueng vppon the Gantoies his rebellious - 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 - 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 - 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 - before, - - No more cruel enemie against the prince, than are his - desperate Some princes unto crueltie to hae also added contumelie, in revenge of their - rebellious subiects. & neuer afterwards willingly endured their - princes commands. Whereby it was then perceiued, No more cruell enemies to be - found against the prince, than his desperat subiects, Nor any war to be more - iust, than that which is by necessitie imposed; as said an auntient Roman - Senator. But that the aforesaid warre was such, it is euident & plaine, - seeing that together with their most shamefull yeelding, most cruell death did - hang ouer all their heads, and a reproach heauier than death it selfe; reproach - and disgrace being alwayes more dreadfull unto men of honourable minds, than - 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 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 used by the Italians, by showing the thombe betwixt - two fingars, with these words: Eco, la . - - - - Frederike the second, the German emperour, to revenge - the miurie done unto his wife, with great - 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, used 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 - Dagobert king of France, not cōtented to have slaine - the inhabitants of Poitiers, for ayding his enemie against him, caused also the - towne to be rased, and the ground to be plowed with an eternall curse, and salt - to be sowne vpon it to make it barren: whereof they are yet called Salted men - of Poitiers. But as princes which with sufferance passe ouer the seditions - & rebellions of the corporation or communitie of any towne or prouince, - giue example to others to doe the like: so those - princes also which without measure exercise crueltie vpon their vanquished - - - Seueritie in punishing of rebellion ought stil to be - tempered with gitie. subiects, get unto - themselves not onely the title of most barbarous and cruell tyrants, but in so - doing sometimes also hazard their whole estates. But hee shall deserue the - prayse and commendation of a iust prince, and preserue also his estate, which - 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 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 - of six score thousand crownes to be set vpon them: or as some write, caused - halfe the goods of the citisens to bee confiscated, and of six hundred of them one part to be drowned, another - part to bee hanged, and the third part burnt. And so indeed the iudgement was - to the terrour of them giuen, and the decree set downe: how bei that it was afterwards by the good prince moderated, - in such sort, as that none but the offendors themselves were executed: for that - the kings officers and magistrats had bene so murthered by no publike councel, - or assembly of the citisens orderly called, but by the insolencie of the rash - tumultuous people onely. With like lenitie Charles the - sixt the French king disarmed the Parisians risen vp in rebellion against him, - and executing the authors thereof, restrayned the rest of the whole bodie of - the citisens, by imposing vpon them a great fine. And admit all the citisens of - a citie, by their common consent, and the matter being before well - debated, to have all together with one mind - rebelled, and chosen unto themselves a new prince: Yea and to have augmented - their wickednesse with contumelie and despight against their soueraigne: yet - were it not the part (I will nor say) of a good prince, but euen of a wise - prince, to take revenge of all of them of whome he might, for blemishing - thereby for euer of his fame and reputation; than which nothing ought to bee - unto a prince more deere: albeit that he might so doe (which yet were a most - hard thing) the state of the Commonweale reserued whole. Wherefore T. Quintius the ConsulThe wisdom of T. - 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 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 - people, Ne cui militum fraudi esset secessio, That the - 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 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, - ibi poena consisteret, ad multitudinis castigationem satis esse, - Question was (saith Liuie) whether execution were to be - done onely vpon thirtie siue, the authors of the sedition: or that so - great a reuolt rather than a sedition, were - to be revenged with the execution of moe: wherein the milder opinion preuailed, - That from whence the offence was begun, there should the punishment rest: and - that to suffice for the chastising of the whole multitude. And shortly after in - the oration which Scipio made unto the armie, he vseth - these words, Se non secus quàm viscera secantem sua cum - gemitu & lachrimis xxx hominum capitibus, expiasse octo millium - noxam, Him no otherwise but as a man cutting his owne entrels, with - sighes and teares to have made satisfaction for the offence of eight thousand - men, with the heads of thirtie. So when Appius the - Consull (with great rashnesse should I say, or pride) - would by strong hand have restrained and corrected his armie, then all in a mutinie, he was by the Colonels and captaines - staied from so doing: who all with one voice told him, Nothing to be more - daungerous, than to seeke by force to chastice them, in whose loialtie and fide - litie the whole force of the empire consisted. And albeit that nothing were to - bee feared in the punishing of an whole armie, orA notable - regard to be had in al general and popular punishments. of a citie, - yet such generall and popular punishments are not to be used: but in chastising - of such offences, an especiall regard is to be had, Vt poena - ad paucos, metus ad omnes perueniat, That the punishment it selfe - should touch but few, but that the feare thereof should come unto all; - - Tullie. That it beseemeth not a soueraign prince to - be the executor or to behold the general execution of his rebellions - subiects. as an auntient orator no lesse eloquently than wisely - said.

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Yea moreouer it beseemeth not a soueraigne prince to be the executor or - beholder of the execution of such generall punishments; (if otherwise it may - bee in his absence done) to the intent his - subiects minds should not so be alienated from him: but to the contrarie it is - 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 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 - and priuileges of the citie: Anoiochus called home - 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, 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 - Bourdeaux, graunted them afterward a generall patdon, and forgaue them the - rasing of their towne hall, wherein they had made their assemblies, with the - fine of two hundred thousand pound, and the charges of the armie brought - against him: in all which the inhabitants of Bourdeaux were by the duke - condemned; restoring unto them also the right and freedome of the corporation - of the towne, excepting them only who had laid hands vpon his officers, and - some few priuileges and demaines of the towne, which were then abridged and cut - off. But the emperour Charles the fift, not so cruelly - as wisely, by one and the selfe same iudgement,The wisdome - of Charls the fift in the seueritie by him used in chastising the rebellious - Gaunties: and in the lenitie to the contrarie by him used towards the - Spaniards rebelling against him in Spaine. revenged the often - rebellions and iniuries which they of Gaunt had of old used to doe against his auncestors, and which till then remained - vnpunished: partly by the sufferance, and partly through the weakenesse of the - earles of Flaunders. For when the citisens of Gaunt had now compelled the - Bourgamaster openly to teare in peeces the emperours edicts, and had sent - ambassadours unto Frauncis the French king to receiue - 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 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 - of part of the publike lands thereunto belonging, as also of all the - priuileges; and caused a most strong castle to be there built, and a garrison - therein to be kept and maintained, and all at the citisens charge. This the - emperours sentence I receiued of them of Gaunt, at such time as I was of - councell to Frauncis duke of Aniou, and of the Low - countries. And not long after king Frauncis, who had - refused to protect the Gantoies going in person himselfe to represse the - rebellion at Rochell, raised for the custome of salt, with the maiestie of his - speech terrified them of Rochell, and fined them, but yet put no man to death: - yea he left unto the citie the liberties and societies thereof whole, yet protesting himselfe to have had no lesse occasion - to revenge himselfe than had - - 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 - 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 - have behaved himselfe more wisely than Charles the fift. - Yet he that seemed to have bene so seuere against the Gauntois, used the - greatest lenitie that might bee towards the Spaniards of all sorts, at such - time as they had not only rebelled against him, (when he went to take - possession of the empire) but also chosen the duke of Calabria for their king, who refused that so daungerous a preferment. - Of which so great a multitude Charles thought it not - good to punish one, and that right wisely: for that in so doing he should have - launced all the members of the Commonweale. For albeit that it is an wholesome - thing to cauterise or cut off a mortified member for the preseruation of the - whole bodie; must we therefore if all the members of the bodie bee in a - consumption, or taken with a Gangrena vse sections or cauterisations? Hypocrates the great physitian saith no, forbidding vs to - apply remedies to desperat diseases, and so much the lesse, if a consumption - shall take hold of the chiefe and principall members of the bodie.How a communitie or corporation offending is to be - punished. Wherefore to conclude this question, if the offence be - committed by the councell or deceit of a communitie or corporation, that which - belongeth unto such a communitie or - corporation so offending, is therefore to be confiscated or forfeited: but if - there be no such thing thereto belonging that may so be forfeited, then a fine - in money is to be set thereupon, but yet to be exacted onely of them which gaue - counsell or aid to the committing of the offence: for as much as it could not - bee committed by the whole communitie or corporation it selfe: but if the - guiltie parties be not to be known from the guiltles, then are they altogether - to be fined: but as for any corporall punishment, it is not to be inflicted, - except that euerie one of them, and all of them together, have most grieuously - offended. Neither yet are they to be thought all to offend, although they - follow the ensignes displaied, except that they altogether and euerie one of - them apart gaue their councell or consent thereunto before: but the communitie - or corporation being punished, doth not - therefore exempt them that are guiltie of the offence committed, from their due - deserued punishment.Whether a commonweale can be without - communities, corporations, or colleges. - -

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But these things being thus declared, concerning the punishments of Communities - aud corporations: it remaineth for vs to see, whether that a Commonweale can - bee without such Communities, Corporations, and Colledges. Wee said at first, - men every where to be, and alwaies to have bene desirous of the societie and - 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, 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 - in a Commonweale? is as much, as to demaund, Whether that a Commonweale can be - maintained and vpholden without loue and amitie? without which the world it - selfe cannot long stand. Which I have said, for that there have bene, and yet - are some of opinion, That all corporations and colleges are out of a - Commonweale to bee excluded and banished; not considering that a familie, and - the verie Commonweale it selfe, are nothing else but communities. Which is an errour whereat the greatest spirits have oft times - stumbled; for one absurditie or incommoditie - which ensueth of one good custome or ordinance, willing to have the same - custome or ordinance abolished and quite taken away, withoutGreat harms ensuing of corporations or communities euil gouerned. - regard of the great good which otherwise ensueth thereof unto the Commonweale. - I confesse that colledges and communities euill gouerned, draw after them many - 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 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 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 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 - fallacius praua religione; vbi Deorum numen praetenditur sceleribus, subit - animum timor, Nothing is in show more deceitfull than corrupt religion: - For where the maiestie of the gods is - pretended for the cloaking of villanies, there feare pierceth the mind. Which - was the cause that the fraternities of the Bacchanals was by a decree of the - Senat put downe through all Italie: VVhich decree of the Senat confirmed by the - people, passed into the force of a law, That from that time forward no moe - 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 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 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 - bee feared, if you shall suffer conuenticles, and secret councels and - consultations to be kept amongst them: VVhich can so much the lesse be auoided, - when as the false opinion of religion is pretended for to colour villanies. For - that there is no conspiracie, which may not be contriued and made in such - 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, 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 - vp armes, and by the leading of a Taylour draue out the bishop and magistrats, - and so possessed the citie wholly to themselves, which could not bee againe - 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 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 - themselves thereupon, went about to have euerie where ouerthrowne the popular - estates, and tyrannicall gouernments, and for them to have established - Aristocraties, and the gouernments of wise men. But that their so good a - purpose was ouerthrowne by certaine ambitious and popular men, who setting the - people in an vprore with fire and sword, destroyed all the Pythagorians. Which - (as saith Polibius) troubled almost all the estates both - of Italie and of Greece. And for this cause the emperours, and almost all other - princes, popes, and councels, giuing the Iews leaue to have their meetings - & synagogues (which Tyberius, Claudius, & Domitian) the emperours, had of antient time taken from - them) commaunded yet, That they should alwaies - do their sacrifices, and have their prayers openly, and in publike. Which - libertie Pharao king of Aegypt (terrified with the - iudgements of God) would have also graunted them, but was by Moyses refused, alleaging, That it was to be feared least the - Aegyptians should ouerwhelme with stones the Iewes, vsing a strange religion, - and by the lawes of the countrey forbidden. And to say the truth, it is a thing - most hard andThe common people hardly to endure any religion - contrarie or repugnant to their owne. difficult to maintaine - colledges or corporations in a Commonweale of what religion soeuer, either - publikely or priuatly, being contrarie to the religion of the people, or of the - greater part of them: For that the people every where most iealous of their - religion, cannot but most hardly endure any rites and ceremonies, differing - from the religion by themselves generally receiued: neither are by the lawes, - or by the magistrats commaund, or bands of men - so to be restrained and kept in, but that their rage will ofttimes most - furiously breake out, not against the weaker sort onely, but euen against the - most mightie ones also. For so Thomas emperour of - Constantinople, pulling downe the altars and images of the saints, was by the - angrie people most cruelly slaine in the verie temple of saint Sophia. We have also seene in the citie of Franckford - foure corporationsThe Iewes, and Catholiques by the protest - nts borue within Franckford, and they of the - confession of Geneua forbidden. and colledges of diuers religions, to - have bene publikely allowed and exerci sed, namely those of the Iewes, of the - Catholikes, of the Protestants, and of the Confes▪ sion of Geneua: But it so - fell out in the yeare 1562, in the moneth of May, that the Protestants assuring - themselves of the strength of their partakers, fell vpon them of the Confession - of Geneua, (who in their profession came neerest unto them) and bearing - with the other which more differed from - them, cáused that of the Confession to bee there vtterly forbidden. Which is - lesse to be feared in such religions and sects as have bene of auntient time - receiued, and which as it were in their owne right defend their profession: - such as is the religion of the Iewes, from which all other religions, except - , seeme to have - taken their beginning: which Chrysostome therefore - calleth The mother of the Gentiles: the princes of Europe and of Barbarie - 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 - any other place of the world, since they were by Cazimir - the great king of Polonia graunted unto them, at the request of a Iewish ladie, - called Hester; such as had of antient time by a Persian - king bene unto this nation giuen, at the instance of another Iewish ladie of - the same name. Where they so mightily encreased, as that there was no prince in - the greater Asia, which had not in it one or other Collonie of the Iewes; as we - read in Iosephus, and Philo. - Wherefore the most auntient antiquitie of that the Iewish religion, together - with the great pouertie of the Iewes themselves, who in no place of the world - may possesse any lands, maketh that they need the - lesse, and are indeed the lesse able to sight for their religion and libertie.

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But it may be, that the consent and agreement of the nobilitie and people in a - new religion or sect, may be so puissant & strong, as that to represse or - alter the same, shouldThat a sect or religion grown so - strong, as that it cannot without the extreame perill of the state and - commonweale be altered, is of a wise prince to be suffered. be a - thing impossible, or at leastwise maruelous difficult, without the extreame - perill and daunger of the whole estate. In which case the best aduised princes - and gouernours of Commonweales do imitat the wise pilots, who when they cannot - attaine unto the port by them desired, direct their course to such port as they - may: Yea and oft times quite chaunging their course, giue way unto the stormes - and tempests, least in seeking too much to put into the desired haven, they - suffer shipwracke. Wherefore that religion or sect is to be suffered, which - without the hazard and destruction of the - state cannot be taken away: The health and welfare of the Commonweale being the - chiefe thing the law respecteth. Wherefore Constans the - emperour suffered the companies and colledges of the Arrians, not so much for - the loue and affection he bare towards them, as diuers have written but so in - quiet to preserue his subiects, and estate. And Theodosius the Great being himselfe a Catholike, and alwaies contrarie - to the Arrias opinion, yet bare with their religion, - which hee could by no meanes suppresse, maintaining both the one sort and the - other in peace and obedience. And after him Zeno the - emperour, to reconcile the companies of all sorts of religions among - themselves, and together with the Commonweale, commaunded an edict, which they - called , which is to - say, of vnion and tranquilitie or quietnesse to be published. After whose example Anastasius caused - the law of forgetfulnesse to bee set forth, cherishing the graue and modest - preachers, and remouing such as were of vehement and turbulent spirits.

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And yet no doubt, but that a prince favouring one sect or religion, and - disliking another,How a prince favouring one sect or - religion and disciding an other, may without force or fur suppresse that religion he disliketh, and - aduaunce the other which hee better liketh of. may if he will without - force or constraint, or any violence at all, suppresse that which he liketh not - (except it be by the hand and power of the almightie supported) & that by - keeping the maintainers thereof from all preferments and places of command; and - by shewing himselfe in deeds rather than in words, to abhorre that religion - which he desireth to have extinguished, For the maner of men is, to loue such - things as their princes embrace: and minds resolved, the more they are crossed, - the stiffer they are, which otherwise of - themselves grow weake and feeble, if they be not at all resisted. Besides that, - there can be nothing more daungerous unto a prince, than to make proofe of his - forces against his subiects, except he be wel assured to preuaile against them: - which otherwise were but to arme a lion, and to show him his clawes wherewith - to teare his master. But if the wiser sort of princes do in the varietie of - religions right, hardly keepe the concord and vnitie of their subiects: what - then is to be hoped for of such princes, as have no experience of gouerning of - the state, on euerie side beset with their flatterers? pressed by their false - enformers, thrust forward by their furious followers: aiming only at this, how - to fill themselves with other mens wealth and blood. So in the beginning - - - 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, 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 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 used to kill yong - infants conceiued of their mutuall incests, and after that they had so killed - them, to eate them. Which thing indeed Epiphanius reporteth of the heretiques called Gnostic: as that they should in - their meetings beat in a morter their new borne children, begotten in incest,, - with the yeolkes of egges, flower, honie, and certeine spices mingled together, - and so to make cakes of them, and to bake them, and eate them: and that to have - 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. 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 - from them, the master with a great number of his fellowes most cruelly burnt, and the order quite suppressed. All - which for all that, the Germans by their writings have since showed to have - beene but a malitious false accusation, inuented for the taking away of their - great lands and wealth from them. The like practise was also used against the - Corporations and societies of the Iewes, aswell inThe Iewes - in like manner wronged. Fraunce under Dagobert, - Philip Augustus, and Philip the long: as - 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.

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Wherefore, to discide the question before propounded, as whether - Communities, - - Communities, Corporations, and Colledges, necessarie in - every Commonweale, but especially in a popular estate. Corporations, - Societies, and Colledges be good in a Commonweale, or no? or that the - Commonweale may well be without them? Truely in mine opinion nothing could euer - have beene deuised more effectuall or better for the keeping & mainteining - of popular estates, or for the ouerthrow of tyrannicall gouernements, than - corporations and societies: For why, the Commonweales and estates being one - unto an other contrarie, doe by quite contrarie meanes both mainteine and - ruinate themselves. And therefore the people and popular estates, accept and - embrace all manner of communities, corporations, and colledges; as we said that - Solon did, in establishing the popular estate of - Athens. All which tyrants in their tyrannicall gouernments seeke vtterle to - ouerthrow, as well knowing, the vnitie and amitie of subiects among - themselves, to be the tyrants ineuitable - ruine and destruction: the iust royall, and Aristocraticall estates, euen for - the same reasons still holding the meane betwixt both, neither accepting nor - reiecting of all communities and colledges, but admitting onely such as they - see needfull for the state and Commonweale; which with good lawes and orders - they still keepe within the compasse of duetie and obedience. The good king Numa was the first that ordained Societies and - Fraternities of artificers and men of occupation; and so Tarquin the proud was the first that tooke them away, and that forbid - the assemblies of the people, and that had in himselfe a purpose also to have - suppressed the bodie of the Senat, by the death of the Senatours, not suffering - any new to be chosen in the roomes of them that died But he was no sooner by - his subiects driuen out, but that the popular - estate was established, the number of the three hundred Senatours supplied, and - the colledges and companies before abolished againe restored. But when the - people by the helpe of their Tribunes began more insolently to rule, and that - in the bodie of the Senat were almost six hundred of the nobilitie and chiefe - men of the citie, who had almost drawne unto themselves the soueraigntie, the - colleges, and companies of the citisens, were by a decree of the Senate, for - the most part suppressed and put downe: Howbeit shortly after Clodius the Tribune to be the more gracious with the people, and to - maintaine them in iarre and discord with the nobilitie - (which he had renounced, causing himselfe to be adopted by a base fellow, so to - become Tribune) not onely restored all the - 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 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 - Tyrants. by all meanes endeuored to have them vtterly extinguished: - Insomuch that Dionysius the tyrant of Sicilie would not - that euen neere kinsfolks should so much as visit one an other, but as they - came late from supper from their friends, caused them to be robbed and spoiled. - As in like manner did Nero, who oft times by night - walking the streats, spoiled and slew such as - he met, which returned late from supper with their friends; so much he feared - the assemblies of his subiects, for the conspiracies they might so make against - the tyrannie of him so wicked a prince. And yet for all that the iust - Monarchie,The great benefit and vse of Communities, - corporations, and colleges, in a iust Monarchie or royall estat. hath not any more assured foundation or - stay, than the Estates of the people, Communities, Corporations, and Colleges: - For if need be for the king to leuie money, to raise forces, to maintaine the - Estate against the enemie, it cannot be better done, than by the estates of the - people, and of every Prouince, Towne, and Commutie. Yea we see that they - themselves which would have these estates of the communities and societies of - the people suppressed and abolished, have in time of their necessitie no other - refuge or stay to flie unto, but euen to these estates and communities of - the people: which being together vnited, - strengthen themselves for the defence and protection, not of their Prince - onely, but euen of themselves also, and of the whole estate and subiects in - generall, especially the Prince himselfe there being in person present. For - where can things for the curing of the diseases of the sicke Commonweale, or - for the amendment of the people, or for the establishing of lawes, or for the - 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 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 - of all degrees of men are heard. Besides that, it is almost a thing incredible - to say, how much the subiects are eased, and how well they are also pleased, to - see their king to sit as chiefe in the assemblie of the estates, and to heare - him discoursing; how every man desireth to be seene of him, and if it please - him to heare their complaints, and to receiue their requests, albeit that they - be often times denied the same; yet O how it pleaseth them to have had accesse - unto their Prince, yea sometime they goe away better pleased with such a - deniall, than if they had had that they requested, being by their prince - altogether contemned. All which is better observed and kept in Spayne, than in - any place of the world, where the assemblies - of the estates heretofore have beene holden every two or three yeares one. And - in England also, for that the people graunt no payments, if the Estates be not - assembled: as I remember was done, when as I passed ouer into England - embassadour from Frauncis duke of Aniou. Our kings do - not so often call together the assemblies of their estates, as doe the kings of - England. But whereas there are accounted sixteene Prouinces in this kingdome, - whereof six have their particular assemblies among themselves, (namely - Bretagne, Normandie, Bourgundie, Languedoc, Dauphine, and Prouence) some there - were, who for feare their villanies and extortions should in those assemblies - have beene found out, laboured to the vttermost of - their power to have had the same assemblies and meetings of the Estates of the - aforesaid prouinces, in any wise taken away - and changed into elections. As also in the beginning of the raigne of Charles the eight, at such time as it was with one - generall voice called vpon, that a generall assemblie of all the Prouinces - might be had; there wanted not some who threatned it to be Treason to such as - in the counsell should consent with the people for the calling of such an - assembly: whose opinion Philip de Commines (a most - worthy counsellour and a man of great experience) most earnestly withstood. But - how necessarie the assemblies & meeting of the whole people for to - consultThe generall assemblies & meetings of the - people to consule of matters, necessarie for the good of the Common - weals. of matters, are, is hereby perceiued; in that the people which - may so call together such their counsels, with them all things go well: wheras - others which may not so do, are oppressed with tributes & seruitude. For as - the shot of many pieces of artillerie delivered one after another, is not of so great force and power for the battering of a - fort, as when the whole tyre of the great ordinance is together discharged, so - the particular requests of men often times vanish but into smoake. But when - whole Colleges or Communities, or the estates of a prouince, or of a people, or - of a realme, shall make their requests unto their king; the voice is so loude, - and the requests so effectuall, as that it is hard for him to refuse it. - Howbeit that there is a thousand other commodities & vses of the generall - assemblies of the Estates in every prouince and countrie, for the common good - therof. As if question be for the leuying of forces, or of money to withstand - the enemie, or for the building of fortresses, for the mending of high waies, - repairing of bridges, or for the scouring of the countrie of theeves, or - withstanding of the great; all these things - which can in no wise be done by particular men, are best of all performed by - them all in their generall assemblies. As to passe ouer the rest, all these - things have beene better done in the prouince of Languedoc by their assembled - Estates, than in any other prouince of this Realme. They within a few yeares - erected a Schole, and appointed twelue hundred pounds yearely pension for the - instruction of all the youth of the countrie. In the Towne of Nismes, beside - the other particular Colleges, they built the fairest fortresses of this - realme; and caused Buzac to be executed, the most - notable - - Buzac a notable theefe and robber. robber that - euer was in our remembrance, of whom neither judge, nor magistrate, no nor yet - the parliament of Thoulouse it selfe, could take punishment, he being growne so - strong as to doe his robberies in forme of iustice, and yet no man so - hardie as to dare to lay hands vpon him: of - whose execution I was a beholder, & saw the people wonderfully reioycing to - see themselves delivered of a theefe and robber, of all others the greatest: - albeit that I remember ten thousand crownes to have bene before laide out about - the same matter. And to keepe that prouince the safer from theeves & - robbers, they appointed farre greater rewards for the Prouost Marshal than did - any other prouince, as twelue hundred pound for his maintenance, and xxv pound - for every processe he should bring of the execution by him done. I have bene - willing in passing by, thus the rather to note these particularities, to show - the great good which ariseth unto Cōmonweals by the assemblies of their - Estats: which are yet better ordered in the Commonweals of the Swissers, & - the Germaine empire, than in other the Commonweals of Europe. For the Swissers beside the assemblies of Estate, - in every Towne and Canton, have their generall assemblies of their Estates - also; and the ten Circles or Circuits of the Empire have their assemblies of - their Estates separate, unto whom the particular estates of the Imperiall - Townes & Countries referre themselves: and so likewise the estates of the - circuits refer themselves and their decrees unto the assemblie of the - estatesA measure to be had for the number of Corporations - and Colleges in a Commonweale. of the Empire, which without this - pollicie had long ago bene ruinated & fallen.

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We said that the meane and measure which is in all things commendable, ought - also to be kept in all iust Monarchies and Aristrocraties, in regard of the - number of Corporations and Colleges to be had in their - kingdomes and Commonweales: For as quite to - take away all Corporations and Communities were to weaken or ruinate the - estate, and to establish a barbarous tyrannie, or tirannicall gouernment; so - likewise to permit and suffer all assemblies, and all fraternities, is not also - without danger, as not easely to be ruled by the princes power, or nobilities - commaund. In them also oft times are couered conspiracies, and secret - Monopolies, whereof we have many examples, which hath bene the cause often - 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 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 - auoid Monopolies amongst artificers and trades men, it is good to diuide them - 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 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 - their marchandize and waes the dearer, or else - iealousies and quarels, if one of them shall sell better cheap than another, - before his face that hath refused to take the money. I said artificers - ordinarily required, for that it is not fit in their dwellings to mingle men - giuen unto their studie and quiet, together with Fishmongers, or Armorers, or - Curriors with Schollers: for as for such as are lesse requisite as - hammermen, they may well enough be raunged - 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 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 - countrie, vtterly forbid all assemblies and meetings together of the people - there to consult of matters. And so afterwards also the Achaeans being ouer - come, the consul Mummius as saith Liuie: Concilia omnia singularū Achaiae nationum, & Phocensium, & - Baeotorum, aut in alia parte Graeciae - - - - deleuit, Suppressed all the councels of all the - particular nations of Achaia, and of the Phocensians, and of the Baeotians, or - in what soeuer other part of Graecia else: But after that they were once become - good and obedient subiects unto the Romans: Antiqu concilia genti cuique restituta, The auntient - councels were unto every nation againe restored, as saith Strabo. - -

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- -
- - - - CHAP. VIII. ¶ Of the orders and degrees of - Citisens. - -

- - NOw forasmuch as we have alreadie spoken of - Corporations - - A convenient and decent order to be in all things fit and - requisite. and Colledges, it remaineth for vs also to speake of the - orders and degrees of Citisens. For if so be that in all things wee desire and - seeke after a convenient and decent order, and deeme nothing to be more ougly - or foule to looke vpon, than confusion and broyle: then how much more is it to - be sought for in a Commonweale, so to place the Citisens or subiects in such - apt and comely order, as that the first may be ioyned with the last, and they - of the middle sort with both; and so all with all, in a most true knot and bond - among themselves, together with the Commonweale? For why, it is a most antient - and receiued opinion of the wise, Almightie God - 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 - 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 - place, as that there shall be nothing in a Citie or Commonweal first, or in the - middest, but will have all degrees so mingled together and confounded, without - respect of sexe, age, or condition they seeme to mee to do as they doe which - thrust barly, wheat, rise, mill, and all other kind of pulse into one heape - together; whereby they loose the vse both of - euerie kind of graine in particular, as also of the whole heape together. - Wherefore there was neuer any law-giuer so vnskilfull, but that he thought that - 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 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 divided from them both.

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As for Slaves we have before said, them by the generall conent of almost all people, - - Slaves accounted no citisens and yet indeed worthie to be so - reckoned of▪ though in the lowest and basest degree of citisens to - have bene still exempted out of the number of Citisens. Yea Aristotle hath tearmed Slaves, but instruments for other mens vses; - whereas some others have accounted of them, but as of beasts, or rather worse: - and yet the question resteth vndecided, Whether that Slaves are to be accoūted - in a mans goods or substance, or not. But if the determining hereof might be - 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, 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 - of the basest sort of men, do they therefore not deserue to be tearmed by the - name of citisens? There be in mans bodie some members, I may not call them - filthie (for that nothing can so be which is naturall) but yet so shamefull, as - that no man except he be past all shame, can without blushing reueale or - discouer the same: and doe they for that cease to be members of the whole - bodie? The feet themselves, with perpetuall labour hold vp and carrie about the - whole bulke of the bodie, and are oft times foule with durt, filth, and dust, - 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 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 - limmes to be cut off: but if we will still retaine them in a citie, in a - 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 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, - and to returne againe: it might be forseene and prouided for, that such Slaves - might not hereafter bee more hardly used, than the state and condition of man - requireth, and might also have their certaine place and order in the citie. - Wherefore let the order of Slaves bee of all others the lowest in degree in a - citie; and of them wee will begin first to speake. For as for that which Cicero obiecteth unto Antonius, - That he had so contracted affinitie, as that hee might thereby the better - commend himselfe unto them that were of the meanest degree: hee ment it by them - 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, 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 - that they had not the other rights of marriages. And for that Slaves were - oftentimes borne of vncertane fathers, their children were also accounted - vncertaine: and therefore Slaves and manumised men were not said to be of any - familie, stocke, or house; onely they which were of the nobilitie descended, - boasted themselves to have stocke, or house from whence they came. Hereof came - that speech of Decius against them that were descended - from the nobilitie, Semper ista - - - - audita sunt, vos solos gentem habere: an hoc, si Claudiae - familiae non sim, nec ex Patricio sanguine ortus, sed vnus Quiritium - quilibet, qui modò me duobus ingenuis ortum sciam, reticere possim? - These things have alwaies bene heard, you alone to have a stock & house, - But if I were not of the house and familie of the Claudians, neither borne of - noble blood, but some one of the common people, which but knew my selfe to bee - borne of two free borne pesons, could I in this hold - my peace? Whereby he sufficiently insinuateth neither Slaves nor mannumised men - to have had any stocke or house from which they might account themselves - 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 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 having bene Slaves, were by - mannumission become free.

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Next unto Slaves are they whome they call State-free men, and after them the - Libertines,Foure kind of libertines or of manumised men - in Rome. or as we may tearme them the manumised men, who were every - where of diuers sorts and condition, as there were also diuers sorts of Slaves. - And to let other cities passe, wee see in Rome - to have bene foure sorts or kinds of these Libertines, or enfranchised men; viz. those whome they called Romani, - Latini, Iuniani, and Dediticij: whome for that - they be vsuall and common, I let them passe: sufficeth it as it were with the - finger to point out the fountaines of them, least in a citie these diuers - orders of enfranchised or mannumised men might bee together confounded. Now the - order or degreeof state free men, was in a meane betwixt Slaves and the - Libertines or manumised men, for in that their libertie was yet holden in - suspence, they were in betterState free men better then - 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 divided from the vulgar and common - people. - -

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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 - 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 - oppression. of the Assyrians, as we have before said. So left his - nobilitie got by villanie, for his posteritie to imitat: which opinion further - spreading, tooke such deep root, as that euerie man as he was the mightier in - violence and murthering of others, hee was - - True nobilitie grounded vpon vertue. thought to be so - much more the nobler: vntill such time as that the people by good lawes and - ciuilitie better instructed, deemed, that the true nobilitie, was by vertue and - not so by villanie to be sought for.

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But forasmuch as one man excelleth another in some one or other vertue: and - forNobilitie in diuers places diuesly accounted of, and neither in al places - alike. that such vertues as are in one citie or place most highly - commended, are in some other no lesse contemned. Hereof it commeth, that no one - definition of nobilitie could euer yet be made agreeable unto the nobilitie of - all the people: honour and infamie being still deemed and reputed of, according - to the manner and custome of euerie countrey. For by the customes of the - Perusines and Florentines, he which but now began to beare arms and serue in warre, was of one before vnnoble, - now thereby become noble: whereas with vs he is not so by and by: but if his - posteritie shall follow the wars, they are reputed to have gotten nobilitie as - it were by the continuance of time. But not so at Venice, who still measure the - nobilitie of their gentlemen, by the honourable antiquitie of such houses and - families as have alwaies attended their publike councels and affaires. And - albeit that the Decurions or pettie captaines by the Roman law, bee reputed of - by the name of gentlemen: which law is also receiued with them of PoitiersWhether the bearing of ares in the - warres make a man therfore a gentleman or not? by the consent of all - the three estates, yet is it no where els with vs so found. But that the - bearing of armes should of it selfe make a gentleman, I see it to have so - pleased not onely the Florentines and Perusines, but diuers interpretors of the - law also, and especially Alciat, who hath not doubted to - cite Triuultius the great captaine as author - therof. Truely amongst the Aegyptians it was - 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 - divided 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 - have almost with one voice consented. And albeit that the Romans farre exceeded - all other people in martiall honour, and bestowed the greatest priuileges vppon - souldiours: yet for all that they bound not gentrie unto martiall seruice: - seeing that it was lawfull for the Libertines or manumised men to serue in the - warres, and that men for the filthinesse of their lives, and iudgements, - therefore vpon them passed, infamous, who were - therefore embarred from all honours, had yet no exemption from the warres.

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But forasmuch as all citisens after they had taken vpon them the manlike - atttire, were bound to beare arms, so by that reason al the citisens should - have bin therby ennobled, which were a thing absurd: for were all the citisens - noble, none of them were indeed in that vulgaritie of nobilitie to be accounted - at all noble. Wherefore Lucius Siccius Dentatus is of - Dionysius Halicarnasseus, called a common and - ordinarie man, whose speech against them of the nobilitie and gentrie is yet at - this present extant: Wherein he boasteth himselfe to - have bene in pay fortie yeares in the seruice of his - - - - Lucius Sicius Dentatus, a - most worthie and Famous souldiour, and yet not therfore accounted any - gentleman. countrey, to have fought in an hundred and twentie set - battels, to have receiued 45 wounds, and twelue of them in one day, all of them - in the fore part of his bodie: and in token of his good seruice, to have - 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 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 - of a new raised man: and him they called a new man, who was the first in his - familie that - - Whom the Romaines first accounted a gentleman. had - borne some honourable charge or office, and so had power to erect unto himselfe - his statue or image; such as were Caius Marius, and M Tullius Cicero of Arpine, both of them beeing but new - men. Of whome the one beeing first made Quaestor, and then Aedilis, and - afterwards Pretor, at last came to bee Consull; who in the time of his - Consulship, in an oration which hee made unto the people, boasting therein of - his newnesse, thus said, Ego nous - 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 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 - - - - idem maioribus suis, quibus vti mihi nobilitas ex virtute - caepit. Nunc videte quàm iniqui sunt: quod ex aliena virtute sibi arrogant, - id mihi ex mea non concedunt: scilicet quia imagines non habeo, & noua - nobilit as est, quam perperisse melius est, quàm acceptam corrupiss, They contemne (saith he) my newnesse, I their - cowardise: my fortune is to mee obiected, but unto them their vices. But if - they therefore of right contemne and despise me, let them so also doe their - owne auncestours, whose nobilitie begun of their owne vertues, as doth mine. - Now but see how partiall they are in their owne cause; that honour which they - 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 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 - borne: whose father, as also the father of Marius, of - Cato the Censor, of Q. - Pompeius, of Curius, of Philo, and of Genutius, were all base persons - of the comminaltie, but yet their sonnes were accounted of as new menThe Patritij who they were in Rome. and gentlemen. But - 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 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 - place they held▪ betwixt the Senators & the cōmon people, being - partly dissended from the Senators, and part of them risen out of the - communaltie: who if any of them were chosen into the Senat, they were no more - to be accounted amongst those Equites or gentlemen: as - is to be seene by Lucius & Nero the Censors, who yet seruing vpon publike horses, were one of - them by the other commaunded to sell them: for after the ouerthrow by the - Romans receiued from the Veians, the gentlemen began to serue vpon horses - prouided for them of the publike charge. Now I find that there were of the - Patrician Families in Rome, about fortie: but of such - as by their valour left nobilitie to their posteritie - - - - The Patritian families in Rome: Sylia, Pomplia, Ptitia, Maria, Hostilia, - Tulla, Tarqu, Fabia, - Antonia, Iunia, Sergia, Iulia, Gegania, Matia, - Aemylia, Choelia, Valeria, Horatia, Posthmia, Meneia, Virginia, - Sulpitia, Furia, Lucretia, Quinctia, Papiria, Claudia, Serilia, Cormlia, Manilia, Cassia, Aebutia, Pinaria, - Vturia, Sempronia, Mutia, Aquila, Quintilia, - Hortensia. in Ciceroes time scarcely thirtie: - of which families, or houses, seuen were of the same name with the Patricij, viz. Pompilia, Martia, Tullia, Iunia, Mutia, - Claudia, and Sempronia. And for that the - entrance and way unto the honourable preferments in the state, before the law - Canuleia, was kept shut vp and stopped by the Pratricij - (or them that were of the Senators descended) against the common and vulgar - 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 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 - vnnoble, that is to say, obscure and vnknowne. As Marcus - Aemylius Scaurus, a man descended of the Senators rase, had his - auncestours base and obscure men: whereas he himselfe being but a new man, came - to be Pretor, Consull, and Censor, and at last being made chiefe of the Senat, - raised nobilitie - - The noble Families in Rome. Licinia, Aurelia, Decia, - Caecilia, Aelia, Domiia, Cladia, Mtia, Prlia, Curia, Fabritia, Cocania, Acilia, Maria, Pompeia, Liuia, Iunia. Tullia, Fuluia, Sempronia, - Atilia, Calpurnia, Marcia, Pompilia, Luctatia, Platia. to all his - posteritie. Wherfore the Roman nobilitie lay in the voyces and iudgement of the - people, which as they thought best, bestowed the honourable preferments in the - estate and Commonweale. Yet was it an absurd and most vnreasonable thing, that - any most wicked murtherer and manquellar, were he neuer so basely borne, might - by the benefit of bearing of some great place or office in the estate, leaue - nobilitie unto his posteritie: whereas he - which excelled in wisedome, iustice, fortitude, and temperance, and so in all - other vertues, godlinesse, and learning, yea and was descended also of the - Senators race, if he could not show his auncestors statues, was euen therefore - accounted but as base and obscure. For such is the force of this word Ignobilis with the Latines, which in the selfe same sense - is of the Greekes called , and ; that is to - say, such as either by some foule or notable fact or deed done, came into the - knowledge of men: which is yet oftentimes taken in the better part, for they - which are called , - refer it unto the honor of their house & stock: which amongst the Romans - did especially appeare amongst the Patricij or - posteritie of the antient Senators: which for that they were almost dead and - worne out, Caius Caesar by the law Cassia, and after that Augustus by the - law Seruia, chose many of the more noble families into the order of the Patricij. For before the law Canuleia it was lawfull - onely for the Patricij to be bishops and priests, and - 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 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 - heauie for the publike calamitie, as become insolent with the euil conduct of - the vnfortunat Consull chosen from amongst the people, murmured and fretted in - all places, that they should go and againe create a Consull of the people; and thither to translate the - Auspicia or diuinations, whither it was not lawfull for them so to doe. And Appius Claudius the Consull, before that answered one of - the Tribunes, asking him in an assembly of the people, Why one of the Consuls - might not be chosen out of the people? Because (said he) none of the vulgar and - common sort of the people can hold the Auspicia or diuinations; and that - therefore the Decemuiri had appointed a certaine order of mariage, least the - sacred diuinations should have bene polluted with persons vncertainly - descended. At which answere, the people was with indignation exceedingly - enraged, to heare it denied them to hold the - diuinations, as if they were unto the immortall gods, more hatefull than - others. And albeit that the people at - length had all things common with the Senators, viz. - honours, commaunds, iudgements, diuinations, cures, priesthoods, councels, - powers, statues, triumphs, and all other the greatest preferments in the - Commonweale; yet could it neuer be obtained, that any one of the common sort of - the people, should nominat the Interrex, or pronounce who should be the - Archpriest, the Priest of Mars, or of Romulus: or yet be chosen into the colledge of the Salij. But as a - statue or imageCertaine honors in Rome neuer communicated - unto the people. was among the Romans the signe of nobilitie - obtained: so in antiēt time with vs arms, with Cognisances set ouer them, were - the tokens of nobilitie. Lawfull it hath alwaies bene, and so still will be, - for euerie man to deuise unto himselfe his Cognisance to beeStatues the signe of nobilitie amonge the Romaines: as are armes with - vs. known by, but yet not to vsurpe the Cognisances, or beare the - armes of other noble families. But the antient - Grecians deemed not of nobility by the obtaining & bearing of great - offices; which euerie man among the Athenians (after the law of Aristides, and the seditious declamations of Ephialtis) might by lot, and few by voyces obtaine: - butHow the auntient Graetians demed their - nobilitie. nobilitie with them was still to be deriued from the stock - of their kings, or race of their great worthies, as from the Heraclide, the Aeacidae, or Cecropidae, or from such other like: or else from such, as who for the - worthie acts, either by themselves, or by their auncestours done, had by the - generall good liking, and publike decree of the people, and of the nobilitie, - with commendation obtained a crowne of gold, extraordinarie priuileges, - statues, to sit in the highest places, or to have their diet allowed them in - the Prytanaeo, or other like publike places: Such as is - that decree of the Athenians (whereof Plutarch - - - - The Ptaneion was a place in - Athens, wherein the iudges and magistrats sate to consult of the great - matters of state. writeth) concerning Lycurgus - the sonne of Lycophron, It pleased the people of Athens - (saith he) that requitall should bee made unto such as had well deserued of the - state, as to praise Lycurgus the sonne of Lycophron for his vertue and iustice sake: and in the - honor of him to erect a brasen Statue for him in the market place, except in - such place as where the law forbiddeth any statue to be erected, and diet in - the Prytanaeo to be for euer allowed unto the eldest of the posteritie of Lycurgus. So in like maner Isaeus - the orator writeth publique diet, the first places, and priuileges, to have - bene graunted unto the posteritie of Harmodius the - tyrant queller. Which thing Aristotle reporteth to hane - bene a thing common unto all the cities of Graece, to allow diet of the - publiqueThe lenitie of the graetians in bestowing their - honors. charge unto the children of such as had valiantly dyed for - their countrie. Howbeit that the Grecians with - too much lenitie (should I say) or rather leuitie erected statues for such as - had of them well deserued, which they vppon the least displeasure againe cast - downe, and that with greater despite than they had with honor before set them - vp. So when the Athenians had appointed 365 statues to be set vp in euerie - place of the citie in honor of Demetrius Phalereus, they - againe in a moment caused them all to bee cast downe: & not yet so - contented brake them also with such furie, as that no fragment of them was - left, except that onely which was kept fast shut vp in the tower of Pallas. - -

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Amongst the Hebrewes were two sorts of noble men; the one descended from - theThe nobilitie of the Iewes: in whom it especially - rested. stock of Aaron, who only were priests: - the other from the stock of the kings. For why, - that nation wisely reposing their chief felicitie in the sinceritie of their - religion, and the true worshipping of God, so likewise deemed their priests, - which came neerest unto the power of the immortall God, to be of all others - most noble. Yea God himselfe had an especiall regard in making choice of Aaron, & in establishing of him after the most - grieuous reuolts & miserie of his people. And therefore as often as he - cōmandeth extreame destruction to be denounced & threatned unto his - people, he oftentimes doubleth that , which is to say, That the state of the - priest and of the common person, should bee all one. And therefore when the - Iewes had cast off from the seruile yoke of Antiochus - the Noble: the Familie of the Aesmonaeans being of the - stocke of Aaron, held the high priesthood, together with - the kingdome about two hundred yeres, that is to say, - euen unto the raigne of Herod the Great. Wherein the - Hebrewes did well: for if great offices in - Rome, got oft times by corruption and briberie, left nobilitie unto their - posteritie which had so got them: what let is there why the priesthood of the - eternall God, should not much more also ennoble men, especially if we - measurePriesthood honorable. nobilitie by the - places men hold, and not by their persons. Truely all the best learned lawyers - are of opinion, That the priestly dignitie is to be preferred before all other - honours and vocations: and that the ministers of diuine things, & - moderators of the most sacred rites, are not to be accounted among the nūber - of the vulgar & common people:The most auntient kings to - have bene also preists. which is no new or strange opinion, but drawn - & deriued euen from the most antient antiquitie. For the most antiēt - kings, to make their roial power the more reuerend and stately, exercised also - the priestly dignitie. Neither did the Greeks only, but the Roman kings also, yea and the greatest emperors themselves, - stile themselves high Priests or Bishops, whome the chiefe Arabian princes - being also bishops, seeme therein to have followed. And so the Christian kings - beeing by their religion forbidden to mingle prophane things with sacred or - armes with religions; yet tooke that which was next; that is to say, in - preferring a sacred, order of the Clergie, not only before the common and - vulgar sort of the people, but before the Senators, yea and not before them - alone, but euen before dukes, earles, and other magistrats whatsoeuer: giuing - unto them the highest roomes, and first places next unto the kings themselves, - in all assemblies, councels, enacting of lawes, and graunting of liberties and - priuileges. And why not? when as the most antient people of the Celtes, - accounted their Druides, who were the princes - of their religion and iudgements, superiours not unto the common sort of the - people onely, but euen unto their captaines and rulers also. For which cause - Caesar in recounting of their degrees, first - reckoneth vp the Druides, then their knights or horsmen, and after them the - common people. For the order of knights in the time of their auncestors, with a - most strong power of horsemen excelled all people; as witnesseth Caesar himselfe, as also Marcus - Antonius: so that therefore I suppose them to haveThe great honor the Turkish and Arabian princes do unto their Musties or - high preists. bene called ; for the Greeks call him , whome the Latines - called Sellarium, and we an horseman. We said before the - Turkish and Arabian princes yet in all their kingdomes and empires, to honour - and obserue their Mufties, or high Bishops, with the greatest honour and - respect possibly to bee giuen unto them, still referring unto them the greatest and most doubtful questions of their - law, to be by them decided. Yet the Venetians vse to exclude their priests from - their councels, from allThe order of the Venetian - 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 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, 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 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 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 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 - respect to bee had either to the honour of their dissent, or to the greatnesse - of their wealth or substance. Truely it was wisely so set downe by that most - wise man: who although he were himselfe descended of the most auntient stocke - of the Senators, and deriued his pedegree by the mothers side euen from Solon himselfe, the Athenian law-giuer, vet thought the - true glorie of nobilitie and soueraigntie to consist in vertue onely: Which - thing Euripides had before also wittily said, . Wherefore let vs measure true nobilitie - by vertue, for that therein not onely Philosophers and Diuines, but also Poets, - Historiographers, and almostTrue nobilitie to be measured by - vertue. all lawyers, do with one consent in mine opinion agree, - denying any place to bee left for nobilitie without honestie. And two things - propounded, to wit, Noble discent, & Vertue, they have decreed, That the - more higher & more honorable place is to bee giuenThe - knowledge of secret and most excellent things, the second cause of - nobilitie. unto vertue, whether question be of bearing of rule, or of - honour, or concerning the grauitie and weight of their testimonies and - witnesse. The next cause of nobilitie unto vertue, many have appointed to be - the knowledge of hidden and most excellent things, whome they which have - attained therunto, the law it self expresly calleth most noble▪ whom (saith the law) Knowledge - maketh most noble: or els as Cassiodorus saith, - ex obscuro nobilem efficit doctrina, Learning maketh - of an obscure man a gentleman. But then how much more noble is he than both of - them, whome morall vertue concurringIntegritie to be - preferred before knowledge. with the vertues of the mind and - knowledge, hath together obled? But yet if integritie - 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 - have a Generall skilfull in martiall affaires, although he be otherwise a - naughtie man to gouerne an armie, than a good - man which is no souldiour at all: but of these things more shall in due place - be said.

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But yet that which Plato setteth downe, That they which - are but obscurely borne,Vertue ioyned▪ with noble discent to - be preferred before nobilitie for vertue only. excelling in vertues, - are to be preferred before them which are nobly descended, excelling also in - the same vertues with them; seemeth to me a thing verie absurd and - vnreasonable. And truely these two things thus propounded, it is right that - some regard should be had of the vertue and nobilitie of a mans auncestours, - and on that opinion the Lawiers have alwaies been, whether question be for the - obtaining of honours, or for the taking of places in solemne assemblies & - meetings, That they are stil to be preferred, which both for their owne vertues - and the nobilitie of their auncestours together, are to be cōmended. But he - whom the prince hath made noble, although he be not of any account or worth, either for his own vertue, or for - the vertues of his auncestors,Ciuil nobilitie by the prince - vnworthily bestowed, no true nobilitie. or for his learning & - knowledge: yet by the consent of all the Lawyers he is to be accounted in the - ranke and order of the Nobilitie. And therefore Plinie - writing to Traian said: Caesaris esse - vt nobiles efficeret ac tueretur, That it was the Emperors part to make - noble men, & also to defend thē. But this nobilitie Bartholus, not vnfitly hath called Ciuil nobilitie; declaring therby - them to have so gotten a certein counterfeit kind of nobilitie in the opinion - of men, but yet indeed to have no part of the honor of true nobilitie, without - vertue. Wherefore let vs graunt them to inioy the fruits of such their civill - nobilitie, unto whō they are so by the princes gift & grant conferred▪ - whether that such their nobilitie be for money or - reward, or for the pryme of their youth, or for some other their most foule and filthy seruices, by the princes - bestowed vpon them. But to bestow such nobility belongeth onely to them which - have the power in soueraigntie: and to them also whome Bartholus writeth to have but the principalitie, especially if they be - subiect unto the commaund of superiour princes, or have fellowes or companions - in their gouernment: who cannot so much as make a man base borne to bee - legitimate. Much lesse true it is, that some have written, the minions and - domesticall attendants of princes to be therefore become noble: for albeit that - they thereby enioy certaine priuileges and exemptions from other seruices, yet - are they not therefore to be accounted noble, except they have borne the - greater and more honorable offices and places of commaund. - -

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Yet question is, and I see it to have often times beene before demaunded, - whetherWhether an honorable fe, - make a man noble or no▪ he which by some - chaunce or casualtie hath obtained some great place of seruice, or other fee, - be thereby made noble? which I see to have so pleased many, so that an - honorable power and commaund be knit and ioined to such fee; such as are those - of Dukes, Counties, and Marquesses, or that the title of nobilitie be by the - soueraigne Prince expresly set downe in the charters and graunts of homage and - fealtie, and so giuen unto the things themselves, and the professors thereof. - And hereof rise that beginning of noble and vnnoble fees. But by the custome of - our countrie, wherein fees are deemed by of the same right and nature that - other lands and possessions be: as concerningNobilitie not - to depend of lands or fees. the right of the persons that had them, - the Artificer which by inheritance, or by - purchase possesseth a Dukedome, is nothing therefore the more noble, then if he - possessed other tributarie lands: For why it seemed unto our auncestours an - absurd thing, out of the right of the land to fish out that honour which they - otherwise had not▪ and the persons themselves to giue place unto the things as - a picture unto the table where on it is painted, and much more indignitie that - the right of nobilitie should beOf vertue and nobilitie do - trafique is to be made. so bought and sold. For of two of the - greatest things, namely, of Vertue, and of Nobilitie, as Euripides plainly witnesseth no trafique is to be made, .

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Wherefore seeing that by our customes, aswell as by the customes of the - 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 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. - Howbeit thatWealth & riches be they neuer so great to - bring forth no true nobilitie. - - Euripides bringeth in a person according to the opinion - of the common people thus speaking: , Nobilitie is in riches. And in Aulide: - - .

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And yet we read not onely the vulgar add common sort of men, but euen * Aristotle - - - - Lib. 4. poli. - - - - also himselfe to have placed the first degree - of nobilitie in wealth; the second in honorable discent; and the third in - vertue, placing that last which should have beene in order first. Solon also in like maner made choice of the Citisens of - Athens by their wealth and riches, unto honors and places of commaund: the - cause whereof we will in due place declare. Which opinion hath taken so deepe - roote, that many thinke wealth, riches, and great substance, not onely to beget - nobilitie, but that all the glorie of nobilitie is by pouertie & want of - wealth quite extinguished and blotted out, howbeit that they which so say are - themselves but men of small authoritie and credite. - Truely Augustus the emperour supplied the wants of the - poorer sort of the Senators, lest that most - honorable order should have beene with pouertie oppressed. But Bartholus hath expresly written, True nobilitie to be - neither got by wealth, nor lost by pouertie. Neither did M. - Aemylius Scaurus deeme the honour of his house to be takenTrue nobilitie to by neither got by wealth, not lost by - pouertie. from him by his pouertie: yea the nobilitie and glorie of - his familie delivered him from the power of his most gratious and mightie - accusors. Now then if there be a most shamefull villaine, and thereto rich - 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 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 - the towne wherein he dwelt. Wherefore our kings at such time as they, troubled - with warres and pressed with want of coyne, had set nobilitie to sale, and that - many men for their bad lives infamous, were yet for their money become noble▪ - the Prince by a law made, declared none of them to be therefore so to be deemed - noble, but that he might still be accounted amongst the number of the meaner - sort, and beare offices amongst them. For what can be more absurd or - pernitious, than to measure reputation by gaine, degree by money, and nobilitie - by wealth? whereas these things often times by theft and robberie, or immoderat - lauash prodigalitie of tyrants are bestowed vpon every bad fellow, or by some other chaunce, (although in truth nothing - be by chaunce done) or fortunes frailtie (whereof they be called the goodes of - fortune) giuen unto men, and so also againe from them taken. Whereas honestie - doth in nothing participate with fortune, nor the true possession of vertue and - nobilitie can by theft be taken away, nor by fire be consumed, nor by the - inundation of waters drowned, nor by any other force extinguished. But for - asmuch as we are for the most part led by the vaine opinion and popular errours - of men, whereof both all publike and priuat lawes consist; it hath also - preuailed, that hee which hath either by the Princes graunt, or by his owne▪ - vertue, or wealth, or learning, or seruice in warres obtained nobilitie, may of - 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 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 - and dignities in the assemblie of wise men; and another thing to doe it in the - presence of the vulgar sort, and scumme of the people. And yet neuerthelesse it - not onely is, but alwaies also hath beene a thing both honest and necessarie, - for every man to yeeld and consent unto the Lawes and customes of his owne - citie and countrie. And yet for all that some would not that the vertues, - deserts, and honourHow farre the honor of the auncestours - should extend unto their posteritie. of the Grandfathers should be - extended farther then unto their Nephues sonnes, and that also unto such as were of themselves lawfully descended, and not - unto their bastards or base borne. True it is, that by the customes of the - Turkes, every mans degree & reputation is esteemed by his owne worth and - vertue, neither doth the grandfathers valour or nobilitie reach farther then - their nephues: wherein they doe alsoA good custome of the - Turkes, whose reputation still dependeth of their owne worth and vertue, and - not of their auncestours. wisely, to the intent that every one of - them should endeuour themselves by their owne vertues to renew the declyning - honour of their stocke and kinred; being otherwise, to be accounted in the - number of the base and common sort of people. Howbeit that by our depraued and - corrupt manners, the farther that a man is in discent or degree from the vertue - of his auncestors, from whom he tooke the beginning of his honour, the more noble he is therefore reputed: neither if he shall - by all manner of villanies, or loosenes of - life dishonest himselfe, doth he therefore loose his degree or honour, except - hee be in publique iudgement noted with infamie: in which case although hee - leaue his lewde life and the companie of wicked men, and ioine himselfe with - the good, yet shall he not againe recouer his nobilitie▪ so by iudgement once - lost, but by the Princes restoring of him, and by speciall rescript. And as hee - himselfe from his auncestours receiued nobilitie, so doth he also unto his - posteritie deriue the note of infamie, whether he were by right or wrong - condemned: for that a thing by iudgement passed, is still accounted to be - indeed a thing true. And what maruell? seing thatNoble men - by exercising of base trades, to loose their nobilitie thereby. he - which exerciseth base trades, and not beseeming a noble man, is euen without - any such publique iudgement to be thrust into the order of common persons. But - which be such base trades is an high question, - by reason of the diuers Lawes of diuers nations, in that point one of them most - vnlike another. Herodotus writeth, That in his time they - were by the customes of all people accounted base, which used - handycraftes:Handycrafts accounted base trades. of - which opinion we read Xenophon also to have beene, who - yet yeeldeth a reason thereof not beseeming a philosopher; as forsooth that men - of such occupations were still busied, and led a close and sedentarie life: for - what can bee more painfull or troublesome than the Generalls life? or more - close and sedentarie than the judges calling? And yet what can bee more - glorious or more noble than they both are in every Citie and Commonweale? But - Aristotle said better, who writ all MechanicallHandycrafts men why hey commonly are - basely minded. or handiecraftes men in the cities of Graece to have - beene still kept from councell, from all - commaund, and honours: for that they beeing mercenarie men, and to be hired for - wages, had quite lost the strength and power of a noble and heroicall minde. - And truely the * Master of wisedome it selfe repelleth husbandmen, - - Eccles. cap. 38. Smithes, Potters▪ Image - makers, and such other handycrafts men from bearing of authoritie and rule, - from honors, and from taking places with the judges. Lycurgus - - The Lacedemonian and Roman citisens by Lycurgus and Romulus their lawgiuers - forbidden to exercise mechanicall or handycrafts. also and Romulus seperated their citisens farre from all - handycrafts; yet Romulus permitted his citisens to vse - husbandrie, and to beare armes: whereas Lycurgus gaue - his leaue onely to exercise armes. And to the end it may be the lesse doubted - of, Dionysius Halycarnasseus repeating the same thing - saith: Hoc lustro, qui puberes essent supra centum millia - censa: mulierum autem, seruorum, mercatorum, artesque sordidas - exercentium - - - - (siquidem Romanorum nemini cauponariam artem, aut vlla - opificia tractare licet) triplo plus quàm turbae ciuilis, In this view - were mustered of them that were fourteene yeare old, aboue an hundred thousand: - but of women, seruants, marchants, & such as used base occupations and - trades, (for why it is not lawfull for any Roman to keepe a Tauerne, or to - exercise any other handicraft) were reckned three times moe than there were of - the ciuiler sort or citisens. Yet some there be which think Numa Pompilius to have derogated from the law of Romulus, seeing that he appointed Colleges or Companies of artificers, - as if they might not have beene made of straungers, or of Slaves. Which seemeth - to be also confirmed by that which Cicero said, Many to - have beene in Catilins conspiracie, which flockt - together about the Tauernes, in hope that the - minds of the needie might for money be moued to take his part. And by that - also, that the Tribunes of the people had by the companie and rout of the - Artificers, wonted to guard themselves against the insolencie of the Consuls. - But against these repugneth that which Dionysius - Halycarnasseus writeth, viz. that in the - seauenth view were mustered an hundred thousand citisens, beside artificers: By - which words it is manifest, that Numa derogated not from - Romulus his law, for asmuch as king Seruius, the third from Numa, was the first - that so viewed or mustered the people. Neither doth that which is alleaged - conuince them to have bene citisens whom the Tribunes or seditious citisens stirred vp to rebellion, seeing that very Slaves in - like case were often times called unto - libertie: as we read they sometimes were by C. Cinna. - Cicero also thus speaketh of the Artificers, whom the conspirators with - Catiline stirred vp to rebellion: Etenim omne eorum instrumentum, omnis opera, ac quaestus, frequentia ciuium - sustinetur, alitur otio, For (saith he) all their instruments and - tooles, all their worke and gaine, is maintainedAl Romaine - Citisens bound to beare armes. by the multitude of Citisens, and with - quietnesse nourished. Now it were verie improperlie said, artificers to be - maintained by the multitude of citisens, if they themselves had bene also - citisens. But by the Martiall law of the Romans, the citisens after - - 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 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 - warres; which could by no meanes have bene done unto artificers: whom Liuie also in one place writeth, to have beene men - altogether vnfit for the warres. That testimonie of Cicero is in this point also of more waight: Illiberales sunt & sordidi quaestus mercinariorum omnium, quorum opera - non quorum artes emuntur, est enim in illis ipsa merces autor amentum - seruitutis, The gaines (saith he) of all mercinarie men are seruile and - base, whose works and not whose skill are of men bought, for in them their - verie wares is the earnest penie of their slauerie. But where he speaketh of - 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 - 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, 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 - lost their degrees and places: except they have therefore obtayned pardon of - our Prince, as that enforced with necessitie, they have so intermedled in such - base trades. - - Whether to vse the trade of marchandize be against a mans - credit and reputation or not? - -

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Howbeit concerning the trade of marchandize, it is not well agreed vpon betwixt - the Lawiers and the auntient writers amongst themselves, whether it be - repugnant unto a mans credit and reputation or not. We read that by the - Tribunall law Claudia, it was forbidden the Senatours to - have any greater ship at Sea, then of the burthenAmphoras, - the Romaine measure is more then our bushel by 16 pound waight. of - three hundred Amphoras, and that also for the carrying of the fruits of their - landes: Quaestus omnis (saith Liuie) - patribus indecorus visus, All gayning by trade (saith he) seemed unto - the Senatours vnseemely. Which law Hortensius said to be - in his time dead: as in Cicero we read: Whereby it is - yet to bee gathered, that not onely to have beene lawfull for the rest of the - citisens to doe, every mans credit and reputation saued whole: But also euen - the Senators themselves, not to have altogether abstained from the trade of marchandize, or at least wise to have had their - factors; as wee see the manner is for the Venetian, Spanish, and English - gentlemen to have. And that it was lawfull for the Romaine knights or gentlemen - to vse the trade of marchandize, or at least wise that it was not altogether - forbidden them, is to be prouedThe Romaine knights and - gentlemen to have used the trade of marchandize. by that which Cicero saith against Verres: Lucius - Praetius splendidissimus Eques Romanus qui Panormi negotiatur, Lucius - Praetius a most worthie Romaine knight, which doth trade at Panormo. And in - another place: Q. Mutius Eques Romanus qui Syracusis, Q. - Mutius a Romaine knight who tradeth at Syracusa. Much lesse therefore was the trade of marchandise forbidden the common - sort of men. And yet although by the old - custome of the Romans, it was no shame for the citisens to trade marchandise: - (yet I say) it seemeth not for all that to have bene altogether lawful for them - so to doe: as is to be proued out of Dionysius - Halycarnasseus, who writeth aboue an hundred thousand citisens to have - bene cessed: but of women, and marchants, and others of base trades, three - times as many as of the citisens: whereby hee seemeth to have exempted - marchants out of the number of the Roman citisens.

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Neither do we see that to have bene the manner and fashion of the Romans - only,The better sorte of citisens in diuers commonweales - forbidden to deale in the trade of marchandize. but of the - Lacedemonians and Thebans also. Howbeit that the vse of gold and siluer, being - taken from the Lacedemonians, there was no place left for marchandise: yet was - it Lycurgus his pleasure, by an especiall law more - solemnly to prouide therefore. As for the - Theban citisens, it was not otherwise lawfull for them either to sue for the - magistracies, or honourable offices of the Commonweale, or to accept thereof - beeing offered them, except they had full ten yeares before abstained from the - trade of marchandise. And at length by the imperiall lawes all entrance unto - honors, and places of commaund were shut vp unto the order of marchants: and - not that onely, but euen to deale in the trade of marchandise was aswell - forbidden the nobilitie, as to intermeddle with martiall affaires was forbidden - marchants. By which lawes the trade of marchandise seemeth unto many either - base▪ or not verie honest or commendable. Truely Plato, - Aristotle, Apollonius, Thyaneus, say, The trade of marchandise to bee - an enemie unto vertue. Yea the law of God seemeth also to have restrained the - holy people from the trade of marchandise, in - these words, Non erit mercator in populo tuo, - - The people of God forbid to be marchants. There shall - be no marchant in thy people: that is to say, , which word improperly signifieth a - deceiuer, but more properly a marchant: for , is properly to buy & sell; and in - that sence it is almost alwaies used. For that diuine law which forbad the - people, but not straungers, to commit vsurie, seemeth also to have forbidden to - buy any thing, to sell the same thing the deerer unto a naturall Israelite. - Wherunto agreeth that which he the * Prince of wisdome - writeth, Mercatorem manus a scelere puras vix - - - - Eccles. 24. Ezech chap. - 82 - - habiturum, A marchant hardly to have his hands cleane - from wickednesse. Wherefore the * Prophets most often, and the interpretours of - holy scripture, more often doe - - Chrysost. Homil▪ 21. in Mateum. - - so detest the trade of marchants, as that * Chrysostome not obscurely or doubtfully, but euen plainely denieth, That marchants can please God, by - reason of their lies, periuries, and deceits, and for that they are still prone - unto vnhonest gaine, as Vlpian the lawyer writeth.

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Yet of that we are to he warned, that whereas the immortall God forbid his - people (whome he by a singular right and choice had consecrated unto himselfe) - to trade in marchandise: belongeth not to other people in like manner also; for - that he would have this his people to excell all others in puritie and - integritie of life. For why, marchandise is not onely unto cities profitable, - but honest also; and not onely honest, but also necessarie. For what if a citie - be built in such a barren soile, or situat in such a place,The trade of marchandize both honest and necessarie. as that men - cannot therin not commodiously, but euen not at all otherwise live? Such - as we have heard the citie of Athens to - have bene, and as our Limoge, and the German Nuremberg is: and Venice also the - beautie of the Mediterranean sea. Which foure cities without traffique and the - trade of marchandise had neuer bene such and so great as they were and are. - Wherefore M. Tullius out of the number of marchants, or - at leastwise of base men, exempteth them which exercise a plentifull and - gainfull, and not a base and bare trade of marchandise, Mercatura si tenuis est, sordida putanda est, simagna & copiosa, multa - vndique apportans, multisque sine vanitate impertiens, non est admodum - vituperanda, The trade of marchandise (saith he) if it be small and - bare, is to be accounted also base, but if it be great - and plentifull, bringing in on euerie side many commodities, and without vanitie commnnicating the same unto many, it is - not much to be discommended. Whereunto I would add that of Platoes, if it bring in but such things as are necessarie, or at - leastwise profitable for the citisens, and carrie out but such things as are - vnprofitable, and to be spared. And therefore many lawyers say, The trade of - marcandise abounding in plentie of all things, in nothing to derogat from the - honour of a mans birth, his degree, or nobilitie. Which haply may be so in - Italie, in England, and in Portugall, but not with vs in France, nor yet in - Germany. Yet that is every whereThe marchants trade in - diuers countries diuersly reputed of. true which Cicero writeth, Sordidos iudicari qui mercantur a - mercatoribus quod eodem loco ac momento vendant, Them to be deemed but - base, which buy of marchants that which they hold euen in the same place, and - selfe same moment againe sell: for why, they - 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 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.

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But baser than these are the buyers and sellers of things dishonest, bee they - neuer so precious, and to be placed beneath handie crafts-men and laborers, or - rather so much as is possible to be quite driuen our of all cities: which - cannot yet altogether bee done,The same thing that in one - place is accounted honest or profitable in some other to be reputed - dishonest or vnprofitable. for that the law for things honest and - dishonest, for things profitable and disprofitable, is not euerie where one and the same. We have heard painting - and engrauing to have bene much commended and respected▪ by the estimation that - the Greekes and Latines had of them. For who was more famous than Protogenes? or more glorious than Apelles? one of whose tables, which for that it was most curiously - wrought, preserued the Rhodes from distruction, Demetrius besieging of it: Which table is reported to have bene - esteemed at more than three hundred talents. And as Tully saith, It was giuen as a praise & commendation to Fabius, a most noble gentleman, That he was seene in - painting: which yet the Hebrews account of all other occupations the basest. - And by the lawes and customes of the Turkes, as of all them of the East, and of - Affrike also, it is not onely a base thing, but capitall also, with the needle, - pencill, or moulding, with any pictures or - lineaments to shadow or draw the purtrature of any plant, or liuing creature, - or of whatsoeuer thing else that nature hath created. Wee read also the - profession of Physike to have bene amongst the Romans a seruile and abiect - 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 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 - - Eccles. cap. 38 be suffered them to be equall - with orators and lawyers. For why, the most famous Philosophers have defined the civill and lawfull knoledge of - the law, to bee the moderatour and chiefe gouernour, not of arts onely, but - euen of all liberall sciences also. And Rome (as Marcus - Cato witnesseth) flourished aboue six hundred yeares without - Physitians: whereas no citie can without lawes, and the lawfull knowledge of - the law, any small while endure or stand.

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The order and vocation of Husbandmen and Grasiers, is also right - commendable:The vocation of husbandmen and grasiers in - auntient time right commendable, and whie now lesse respected. as - they which by those two most auntient trades, have taught cities, townes, - villages, and families, to releeue and maintaine themselves with things of all - others most necessarie. And truly Cyrus the Greater, of - nothing vaunteth so much, as of the fields set and - planted by his owne industrie and labour. Serranus, also - Curius, Concinnatus, Torquatus, - - and Cato, men no lesse - famous for their civill than their domestical prayses; were yet for that most - commended, Quod attritis opere rustico manibus salutem - publicam stabilirent: quaeque modo arantium boum iuga rexerant, triumphalis - currus habenas retinerent, That with their hands worne with countrey - labour, they established the welfare of the Commonweale: and that those hands - which of late ruled the yokes of oxen at plow, now held the raines of the - triumphall chariots in the citie of Rome. But these things were chiefly done in - that age when as such men as had before bene Consuls were now from the plow - called unto the Dictatorship. Truly of all things whereby any thing is gotten, - nothing is better than husbandrie & grasing, nothing more plentiful, - nothing more pleasant, and I might say also with Theophrastus, nothing better beseeming a free borne man, : were not these most notable arts, in - seruile manner contumeliously let out unto base men, for wages hired. Now wee - have said those arts to be accounted base, whose wages is the earnest penie of - their slauerie: so that it ought not to seeme straunge, if that husbandmen in - the fall of the Roman Commonweale were put backe from the warres. Whereof it - followeth, both the orders and degrees of husbandmen (I say) and shepheards to - be placed in the rank and number of labouring men. For necessitie it selfe (yea - oft times against reason) enforceth the dignitie of degrees and vocations of - men to be disposed of according to the lawes and customes of euerie citie and - countrey.

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The Hangmans office almost euerie where is deemed of all other the basest: - neither - - The hangmans office in some places respected▪ ▪Deut. 17. and 19. by the - Censors lawes was it for him lawfull to have a dwelling place within the citie: - as in this our age it is not lawfull for him at Tholouse. Whereas by the lawes - of the Hebrewes it was not onely honest, but necessarie also, euen the noblest - of them if they had bene witnesses of capitall crimes, to be also the - executioners therein. Yea andThe author in this custome by - him reported much mistaken and deceiued. in England the neerest kin - to them that be hanged, be it their fathers, their brethren, or neerest - kinsmen, the last kindnesse they can doe them, is to play the part of the - hangman, and to strangle them hanging vpon a low paire of gallowes. But by our - customs we see gainfull rewards propounded unto this so base an office, least - wee should bee at any time destitute of an office so necessarie for the cities: - as we have heard say it to have long since happened in Gaunt, where the iudge - for lacke of an hangman commaunded the father - and the sonne, both convicted and condemned for the same offence, to cast lots - which of them should be the others hangman; wherein the lot fell unto the - father, who now growne verie aged, with much entreatie obtained that his sonne, - as by age the stronger, and so fitter to live, might become the executioner; - who without feare hanged his father: the eternall monument of which impietie - and villanie (which I against my will have beholden) the Gantois suffer yet to - stand in statues of brasse, and that in a publike and open place euen in the - middest of the citie.

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There is also in cities a great multitude of idle lazie fellowes, who neither - in time ofIdle people to be thrust out of the citie, or - elssetto worke. peace, nor warre, have any occupations to set - themselves to worke, o other trade to busie - themselves withall: whome it is needfull either to banish out of the citie, or - to keepe them in publike workes: for why, they - can in no degree be placed, and so much the more, if they have nothing of their - owne wherewith to maintaine that their idle life. And these kind of men Amasis king of Aegypt put to death, in like manner as if - they had bene theeves and robbers. Wherein they of Paris doe much better, who - thrust the strong and lustie of these idle mates into their publike workes; - courteously eeding and curing the sicke and aged, and - diligently instructing the fatherlesse and poore boyes and maids, some in - learning, some in occupations, in foure diuers colleges, besides a great - hospitall endowed with most faire reuenewes.

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- - But if citisens live idle vpon such goods as they have - themselves before got, or were of old left - them, albeit that they lead a foule and sluggish kind of life, yet are they to - be therein suffered, if it were but that they might with their wealth helpe the - poore Commonweales wherein they live. But if these men feed also their mind - with the contemplation of high and heauenly things, I deeme them then of all - sorts of citisens the happiest, and to be placed in the highest rankes and - degrees of them. But if they had rather lead an actiue than a quiet kind of - life, it is much better to call them than poorer men unto honours and - magistracies, if no dishonestie of life let: for that they are like to bee - cleerer from briberie and corruption, than they which are pressed with pouertie - and want. Wherefore in obtaining of magistracies and honours, the law - commaundeth the richer sort to be oftentimes placed together with the nobler; - yea and some times also to bee preferred - before them, if no staine of their fore passed life let: and that is well - agreeing unto the lawes and customes of the Indians, whom Plinie writeth to preferre still the best and richest man unto honours - and places of commaund.

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Wherefore in what order citisens are to be placed, is to be referred unto the - iudgement and discretion of the masters of the ceremonies of euerie citie, for - the vnliknesse ofHow citisens are in a Monarchy to be - ordered and placed. their lawes and customes almost infinit. Yet I - suppose, that citisens in a monarchie might in this order not vnaptly be - placed. That next unto the king himselfe, who out of the number of the - citisens, going farre before the rest should follow the holy order of the - clergie: next unto the sacred order of the clergie, the Senat: after the Senat - should follow the martiall men, and amongst them, first the generall of the - armie, or great constable, & then the - dukes, counties, marquesses, gouernors of prouinces, landgraues, burgraues, - 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 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 - follow the order of physitians, surgeons, and apothecaries. And after them - schoole men, such as professed to instruct the youth, or are themselves - instructed; the professors (I say) of diuinitie, law, and physike, natural - philosophers, mathematitians, logitians, - rhetoritians, historiographers, poets, and grammarians. After the order of - gowne men, I suppose are to be placed marchants, agents, farmers of the common - custome, bankers, money chaungers, brokers, and especially they which have the - charge for the bringing in of corne into the citie, and of such other things as - are most necessarie for the feeding of the citisens, such as are the - cornmungers, butchers, fishmungers, fishers, bakers, puddingmakers, cookes, - unto whome we will ioyne husbandmen and grasiers; and unto these all kind and - sort of handycrafts men: which for that they seeme almost innumerable, of them, - they which are the most profitable, ought to have the first place, carpenters - (I say) armourers, masons, metall men, coyners, gold beaters, goldsmiths, metall melters, glasse makers, smiths, bakers, - potters, horners, chaundlers, weauers also, and such as deale in spinning of - silke, wool, beasts, haire, flaxe, hempe, cotten wool, and such other like, - whereof we see cloath, ropes, garments, hangings, sayles, and paper to be made. - Next unto whome follow curriers, skinners, fullers, diers, taylors, shoomakers: - unto which occupations, although printing be not for antiquitie toPrinters to be amongst men of occupations especially to be - regarded. be compared, yet seemeth it for the excellencie thereof, - before al the rest worthily to be preferred. For as for painters, image makers, - caruers, makers and sellers of womens paintings, minstrels, players, dauncers, - fencers, tumblers, iesters, and bauds, are in mine opinion either to be quite - driuen out of cities, or else to be placed in the lowest place of all: so that euen bath keepers, barbers, sailers, hucksters, - ostlers, coach men, carters, graue makers, - sargeants, and hangmen, are to be placed before them: For that these are indeed - necessarie for the carrying out of filth, and the clensing of the citisens and - cities: whereas the other with their most base trades, the ministers of foule - 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 understood.

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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 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 - together placed: except they were by the straitnesse of the places or - opportunitie of the waters they were to vse, thereto enforced; as butchers, - curriers, felmungers, bath keepers: who for that they are to have the - continuall vse of water for their oft washings, must have their dwellings also - 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 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, divided into diuers parts of the citie, cannot so - easily conspire against the common good, or deludeCitisens - 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 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 - vndecided: when as one thing is contrarie but onely unto one, and that by - nature many things cannot unto one be contrarie, but that the third must - 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 divided into two parts: but if in - number vnequall the number of opinions diuers will hardly end the controversies - once moued.

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It shall also be more commodious and profitable to have one oratour or - speaker,Whether it bee good for to have one speaker for - all the degrees of citisens, or diuers. for all the degrees of - citisens together, then for diuers orders and degrees, diuers: so that it be - agreed vpon amongst all the degrees and orders what is to be requested, - determined of, or done: as heretofore at Thurin and Orleance, when they called their assemblies. But if the - orders and decrees of citisens shall therein differ among themselves, it - is then needfull for every order and degree - of the citisens, to have their owne speaker. As of late in the parliament of - Bloyse, when as the Bishops grieuously complained of the Nobilirie; and againe - the Nobilitie of the Bishops; and the Comminaltie of them both, it was then - needfull to have three Speakers appointed: and yet so could not the good of the - people bee sufficiently prouided for, but that the Speakers were blamed of - falshood and collusion, and that diuers great and grieuous complaints of the - people were thereof giuen out. But these things are especially to be taken heed - of in a Monarchie, wherein one man is judge of all controversies: Wheras in - other kinds of states, albeit that there be many - speakers, yet the matter is still in the end put to voyces. - -

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But that diuision of the citisens (which we have spoken of) into three degrees - or parts,Better three parts taking in a commonweale than - two. as it is unto all kinds of cities profitable, so is it in an - Aristocratie most necessarie, that two of them disagreeing, the third may end - the strife, or taking part with one, may draw the other whether it wil or no - from the former receiued opinion. For if two factions shall arise, they which - are wise, & wish the good & welfare of the Commonweale, should set vp - an head of a third faction, and ioyne themselves unto him: For three leaders of - diuers factions, or part▪takers, are right easily reconciled; whereas two are - most hardly brought to agreement: whereof oftentimes arise seditions and civill - warres, and that especially in the Aristocratike estate: For that in that - estate, betwixt the nobilitie and common people, can be no third degree, all - the right of soueraigntie being in the - nobilitie, and nothing thereof in the people; all the same right in a Popular - citie, or estate, being common to the nobilitie and Senat together with the - people. Wherefore it is an easie matter to create a third degree or order: as - at Rome the order of knights or gentlemen, was in a sort an arbitratour or - vmpier betwixt the Patricij andNot - good in great assemblies to diuide the people into three degrees and - 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 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 - Curulium - - - - Ludis Romanis primum Senatus a populo secretus spectauit, - praebuitque sermones sicut omnis nouitas solet alijs tandem, quòd mentò antè - debuerit tributum censentibus amplissimo ordini, alijs demptum ex dignitate - populi quicquid maiestati patrum adiectum esset interpretantibus: & - omnia discrimina talia quibus ordines discernerentur, & concordie, & - libertatis aequè minuende esse: ad quingentissimum quinquagissimum Sextum - annum in promiscuo spectatum esse, quid repente factum? Cur non immisceri - sibi in cauca Patres plebem vellent? Cur diues pauperem consessorem - fastidierit? Nonam & superbam libidinem ab nullius ante gentis Senatu - 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 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 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 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 - euen of the Senators themselves, whose favour he was thought to have gotten: - For so Tullie writeth him to have bene blamed, not onely - of the wiser sort, but euen of himselfe also; for - that, that was by force from the people extorted, which had before vntill then bene willingly graunted unto the Senators: - for that albeit that the seats were indifferent unto all, yet neuer any of the - people would presume to sit to behold the playes before the Senators. About an - hundred yeares after was a law made by L. Roscius Otho, - Tribune of the people, That the knights or gentlemen should sit and take their - places vpon the foureteene steps or degrees next unto the stage: For when the - magistrats and the rest of the Senators, by the Censors law, did more - commodiously see and heare from the first and neerest places unto the stage, - the higher degrees and farther off, were accounted of lesse credit: & - albeit that the places of the Theater were of right great receit (as which - contained oftentimes threescore thousand of the citisens) yet could they not - containe them all: & therfore by the law Roscia concerning the - Theater, it was needfull that place should - be kept for the knights, in the fourteene steps and degrees neere unto the - stage: and for that thereby the peoples voyces seemed secretly in some sort to - be taken from them by Roscius the Tribune, whom it - beseemed to have bene a keeper & preseruer of the popular libertie and - dignitie; at such time as he came to behold the playes, he was by the knights - (whose favour he had won) with great acclamation and applause receiued, but of - the people with greater tumult and sturre, in so much that Cicero the Consull was glad to call all the assembly of the people out - of the Theater. And so as a man of great wisedome and eloquence, with a graue - oration repressed the peoples insolencie, and with a reproofe and chiding, well - beseeming the dignitie of a Consull, so appeased the tumult, as that the people - returned againe into the Theatre well pleased. - Hereof came that speech of Plinie in commendation of Cicero, Te suadente tribus Roscio Theatralis legis auctori - ignouerunt, notatasque se discrimine sedis aequo animo tulerunt, The - tribes (saith he) at thy persuasion pardoned Roscius, - author of the law of the Theatre, and tooke it patiently themselves to bee - noted with the difference of their seats and sittings. Now a punishment was set - downe by the law of the Theatre, Ne quis nisi censum - equestrem haberet in xiiij spectaret, That no man except he had a - knights wealth, should stand in the xiiij steps or degrees to behold the - playes. But when many, their patrimonie being by the civill warres wasted, - durst not for feare of this Theatrall law behold the playes from the fourteene - steps or seats, Augustus the emperour decreed, That they - should not be therewith bound, who themselves - or their parents had euer had a knights wealth or abilitie. Now as for the - order and degree of women, I meddle not with it; onely I thinke it meet them to - be kept far off from all magistracies, places of commaund, iudgements, publike - assemblies, and councels: so to be intentiue onely unto their womanly and - domesticall businesse. And thus much concerning the order and degrees of - Citisens. But by what meanes prouision is to bee made against the reuolt and - tumultuous stormes of the common people, wee will in due place more at large - declare. - -

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Finis Lib. Tertij.

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- - - - THE FOVRTH BOOKE - - OF OR CONCERNING A COMMONWEALE. - -
- - - - CHAP. I. ¶ Of the rising, encreasing, flourishing - estate, declining, and ruine of Commonweales. - -

- - ALl Commonweales take their beginning either from a - Familie, - - The beginning of Commonweals. by little and little - encreasing; or els arise at once, as when a multitude of people as a Colony - drawne out of another Citie or Commonweale, doe as a young swarme of bees fly - abroad unto another place: or as a slip or science pluckt off from a tree, and - planted in a straunge soyle, which taking root, bringeth forth much more - plentifull and pleasant fruit, than doe those trees which grow vp of small - kernels, or of their owne accord, Yet both the one and the other of these - Commonweales, are established either by the strength of some stronger - than themselves, or by the power of some - 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 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 - of it selfe: which wee may call the Flourishing estate thereof; which cannot be - of any long continuance, by reason of theThe florishing - estate of commonweales endure not long. chaunges of worldly things, - which are so mutable and vncertaine, as that the greatest Commonweales - oftentimes fall euen all at once with the weight of themselves, some others by civill warres, some by popular diseases, but - most by the enemies violence, being as then ruinated, when as they thought - themselves most assured: other some by the wrath of God, being vpon the sudden, - and in a moment ouerthrowne: some few by age growing old, and by their inward - sicknesse taking end. But yet no Commonweales, finding or feeling greater - chaunges or falles than the fairest of them: which for all that, are not in - that to be blamed, especially if the change or alteration come by any externall - 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 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 - idlenes, or else so to be corrupted, as that they might well moue any man - rather to pitie then to enuie at their state. Wherefore the risings and ruines - of the Commonweales are well of vs to be considered, and what the causes be of - every such their conuersion and change before that we giue iudgement of them, - or propound them as examples to be imitated and followed. Now I call that a - ConuersionWhat the conuersion and change of a Commonweale - is. of a Commonweale, when as the state thereof is altogether - chaunged: as when a Popular estate is changed into a Monarchie; or an - Aristocratie into a Democratie; or contrarywise: For as for the change of - customes, lawes, religion, or place, it is but a certaine kind of alteration, - the state and soueraigntie continuing still: which may also to the contrarie it selfe be changed, without any - change of religion, or lawes, or any other things else, besides them which - belong unto soueraigntie. As when in our time the Florentine popular estate was - changed into a Monarchie. Neither is the age or continuance of a Commonweale to - be measured by the long standing of a citie, or of the walles thereof, as Paulus Manutius seemeth to have done: who writethThe age of a Commonweale how it is to be measured. the - Venetian Commonweale that now is, to have stood twelue hundred yeares; which - hath yet suffered three changes, as we shall forthwith declare. Sometime it - hapneth also no change either of the citie, or of the citisens, of the - customes, or religion to be made, or any other force offered, or wrong done to - any man; and yet that the state may perish: as when any soueraigne prince - willingly subiecteth himselfe, his kingdome, - and people unto the power and obeysance of some other Prince, or else by his - testament appointeth some popular Commonweale inheritour of his State and - kingdome: As is reported of Attalus king of Asia; of Coctius king of Alpes; of Ptolaemee - - Kings which made the Romans their heires. king of - Cyrenae; of Eumenes king of Pergamus; of Nicomedes king of Bithynia; of Polemon king of Pontus, who left the people of Rome heires of those so - many their kingdomes: for then those kingdomes were quite taken away, and those - 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 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 (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 - them subiect unto the Lawes or commaund of the other; but with equall power - both of them growing together into the same citie. And lest the Sabines so - ioyned unto the Romans should have seemed to have accrewed unto another mans - kingdome, it pleased them that the names of both the people being taken away or - suppressed, they should be called Quirites, which name - the Magistrates in their orations unto the - people euer after used: Albeit that Romulus (who because he would not seeme to - endure a fellow in the kingdome with him, had not spared his owne brother) - caused Tatius king of the Sabines not long after to bee - also slaine: wherefore the Sabines Commonweale so perished not, either accrewed - unto the Romaines (as some have beene of opinion) albeit that other people - called them neither Sabines, nor Quirites, but Romans: For that that name once - giuen unto the Citie and the people, could neuer more be changed; or for that - the name of the Romans was more stately; or else for that those two people so - grew together within the wals of Rome, yet so as that - the one became not subiect unto the other: as it chanceth when the one being vanquished, yeeldeth it selfe unto the - other, and so suffereth the lawes of the vanquisher. Which may serue for the - disciding of the question of Cuneu the lawier, who doubteth, Whither the subiects of the one - Commonweale, if they be ioyned into one and the selfe same bodie with the - subiects of another Commonwealth, be thereby the subiects of them with whom - 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 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 - if they died without heires of their bodies lawfully begotten, the countrey of - Languedoc should in full right returne unto the crowne; yet for all that so, as - that the customes of the countrey should not be chaunged, neither any - taxe▪imposed without the consent of the estates of the countrey▪ which hath - alwaies beene observed, the soueraigntie ouer the country and the inhabitants - of Languedoc remaining unto the kings, as it had before that the countie was - therefrom exempted. But most certaine it is, that an estate subiect unto - another, maketh not another Commonweale, but onely a part of the subiects.

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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 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 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 - change or fall of a Commonweale. so that in due time to take end - seemeth to bee a thing of euerie thing to bee wished for.

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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 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 - which is made by the consent and good will of him which hath the soueraigntie, - and of his subiects: when as hee which hath - the soueraigntie, chooseth rather to yeelde the same unto the nobility, or the - people, than to hold it himselfe: as we have heard Sylla, with incredible violence to have taken vpon him the - Dictatorship, and that not without the most cruell slaughter of the people, and - 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 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 - unto the people, and abandoned the city themselves, which Pandulphus the tyrant, violently afterwards inuaded. And as in mens - bodies diuers changes happen from the qualities of the elements, the - disposition of the body or the minde, the temperature of the humours, as also - from the manner of the education thereof, and diuersity of diet: so also the - Commonweale may suffer an vniuersall change or ruine, from friends or enemies - externall or internall, or from both, whether it be from good to euill, or - euill to good, and that oft times contrary to the good liking of the subiects, - who must sometimes as children and mad folkes, be cured euen against their - wills, as Lycurgus, who changed the lawes and royall - state of his country, into a popular - gouernment, contrary to the good liking of the subiects, or of the greater part - of them; howbeit that in so doing, hee was well beaten of them, and lost one of - his eyes (the reward of his vertue) although hee had before renounced the - claime and right that he and his successours had unto the kingdome, as princes - of the blood, and nearest unto the crowne.

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But forasmuch as there are but three sorts of Commonweales, as wee have before - - - Six perfect conuersions or changes of Commonweales. - declared: there are also but six perfect conuersions or chaunges thereof, viz. of a Monarchie into a Popular estate, or of a - Popular estate into a Monarchie: and so likewise of a Monarchie into an - Aristocratie, and of an Aristocraty into a Monarchie: and of an Aristocratie - into a Popular estate, and of a Popular estate into an Aristocratie. So also of - euerie estate there be six other imperfect chaunges, or rather alterations; - that is to wit, from the Royall estate unto the Lordlike: from the Lordlike - estate unto the Tyrannicall: from the Tyrannycall unto the Royall, or from the - Royall into the Tyrannicall: from the Tyrannicall into the Lordlike, and from - the Lordlike into theVnperfect changes of - Commonweale. Royall. So might one also say of an Aristocratie, - lawfull, lordlike or factious: And of a Popular estate, lawfull, lordlike, and - turbulent. I call it an vnperfect chaunge, as the change of a lawfull Aristocratie into a faction; or of a - Royall estate into a tyranny: for that therein is nothing but the chaunging of - 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 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 - infinit: whereof there is not onely no rule or precept to be giuen, but are - also of themselves most absurd: For when wee once passe the soueraigne - gouernment of one, wee forthwith enter into the popularitie of moe: which as - the lawyers say, is still contained in the number of two.

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But besides these conuersions and chaunges of estates, which wee have - alreadieA Commonweale sometime holden in suspence. - spoke of, it happeneth some time that the estate of a Commonweale is holden in - suspence and sufferance: as after the death of Romulus, - the people of Rome was a yeare without a Monarchie, a Popular estate, or - Aristocratie: For the hundred Senatours which commaunded one of them after - another, had no soueraigne power, neither commaunded but onely by commission: - true it is, that one might say, That the soueraigntie was againe returned unto - the people, and the charge of commaund unto the Senators, vntill that by common - consent they had chosen them a king.

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And some times againe it chaunceth, that the Royall, Aristocratike, or - PopularAn Anarchie. - - Commonweale being quite extinguished, there ensueth a - meere Anarchie: when as there is neither - soueraigntie, nor magistrats, nor commissioners, which have power to commaund; - as it chaunced the people of Israel after the death of Iephte, when as their - - - - . 27. estate was brought to a meere - Anarchie, and vpholden onely by the prouidence and power of God alone, the best - and greatest king: for so it is in holy writ reported. So likewise at Syracusa, - after the death of Dion, and in Florence after that the - nobilitie was thence driuen out by the people: which so continued a certaine - 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, 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.

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Wherefore when an estate is come unto a meere Anarchie, that is to say, when - noA meere Anarchie the verie ruine of a - Commonweale. man either commaundeth or obeyeth, it is to bee - accounted the verie ruine and destruction, and not the chaunging of a - Commonweale: although that the families and colledges therein continue friends - together. But if the nobilitie or people have power to create the prince, and - he being dead the magistrats shall themselves retaine the soueraigne power and - commaund: yet is it not therefore to bee deemed an Anarchyie, for that the - soueraigntie is still like againe to fall either unto the nobilitie, or to the - people. - -

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The last point is, when as an Estate or Commonweale is together with all the - peopledCommonweales sometime together with the people - vtterly extinguished. quite extinguished: as it hapned unto the - people and seigneurie of Thebes, which Alexander the - Great vtterly rooted out, together with their city, sauing only the house of - Pindarus the Poet: vpon the entrance whereof was - written▪ , Burne you - not Pindarus his house. So also the Madianites, the - Amorites, the Iebusites, and Phaerezites, were by the people of Israel vtterly - destroyed: which was not the chaunging of one estate into another, but a meere - ruine of the estate with the people together. But yet it may well be, that some - one member of a Commonweale, or that some one prouince thereof may be - destroyed, or a towne rased, and all the people therein slaine, and yet the - Commonweale stand: as it chaunced to the towne of Arzille, in the kingdome of Fez, which the Englishmen rased, and put - all the people therein to the sword: and to Sebastia, in - the kingdome of Amasia, which Tamarlan the Tattar king - used in like sort: and to the towne of Bizance, a member of the Roman empire, - which after it had bene three yeares besieged by the emperour Seuerus, was in the end taken, sacked, rased, and all the people - slaine, and the scite thereof giuen to the Perinthians, who reedified it, being - afterwards called Constantinople, and now corruptly Stamboll, the choyce seat - of the Turkish emperours.

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But this is in Monarchies speciall and proper, that the Monarches one of them - oftentimesA thing unto Monarchies speciall. by - force driuen out by another, do not yet therefore chaunge their estate: as in a - few moneths in our remembrance it happened in the kingdome of Telesin, where - the king Abuchemo was - by the people driuen out of his kingdome, and Abyamein - chosen king in his stead: who forthwith after was also cast out by Hariadenus Barbarussa, who long time raigned not there, - but that Abuchemo returning with the forces of the - 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 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. - -

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Sometime also rule and soueraigntie is euen thrust vpon men by force and - against their will: as first Claudius, and then Gordianus the elder were euen drawne and enforced to take - vpon them the Roman empire. And in our remembrance the inhabitants of Tripolis - in Barbarie, after they were reuolted from Iachia king - of Tunes, chose Mucamen - - An Heremite against his will chosen and crowned king of - Tripolis. for their king: who being shortly after poysoned, they vpon - the sudden enforced a religious Hermit to take vpon him the crowne and the - kingdome; wherein he raigned against his will, vntil that Peter of Nauarre, by force tooke the citie of Tripolis, together with - the king, whome he sent prisoner into Sicilie: but was afterwards by the - emperour Charles the fift (to his great contentment) - sent backe againe to live in his solitarie cell in Affricke. - - Some commonweales euen in their beginning destroyed. - -

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But as of men some perish and die in the most flourishing time of their age, - some others in their youth, some in their childhood, and some before they could - bee well borne; so wee also see some kingdomes and cities to bee cut vp and - destroyed before they could strengthen themselves with lawes and armes, - othersome as abortiues to be dead and extinguished before they were borne: as - in our time the kingdome of the Anabaptists at Munster (the metropoliticall - citie of Westphalia) was taken away and subuerted before it was well thought to - have bene borne. Iohn of Leiden, a Sadler, and their - ringleader, who had there by the space of three yeares borne himselfe for a - king, and taken vpon him the soueraigntie (though still by the imperiall hoast - besieged) being at last together with the citie taken and publikely - executed. - -

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Now when I speake of the flourishing estate of a Commonweale, my meaning - isWhen the flourishing estate of a commonweale is. - not, that it should be come to the height of most absolute perfection: for that - in these transitorie things there is nothing so perfect, and in mans actions - lesse than in any thing in the world: but I call that the flourishing estate of - 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 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 - time of Papirius Cursor: - Illa aetate, qua nulla virtutum feracior fuit, nemo erat, quo magis - innixares Romana, quàm in Papirio Cursore staret, In that time (saith - Liuie) than whichThe florishing - estate of the Romaine commonweale to have bene in the time of Papirius - Cursor none was more plentifull of vertues, there was no man on whome - the Roman Commonweale resting staied, than vpon Papirius - Cursor. This was the iudgement of the Romans, of the most flourishing - time of their Commonweale▪ for neuer after was the militarie and domesticall - discipline, the lawes and ordinances better executed, faith better kept, - religion more sincerely embraced, nor vices more seuerely punished▪ So that it - ought not to seeme straunge, if there was neuer than then greater store of most - valiant and worthy men.

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Now if any man shal obiect and say, That the Romans were then but poore, as not - 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; - neither the excellencie and perfection of a Commonweale, by the largenesse of - the bounds thereof, but by the bounds of vertue it selfe. So that I deeme those - their vntrimmed and rough shades and groues, to have had in them more maiestie - and honor, than had afterwards their pleasant greene - woods, with the trees most artificially planted in order of the cuious Quincunx, and - reckon Rome homely and vntrimmed, more stately and replenished with maiestie, - than when it was neuer so well deckt, and with precious ointments perfumed. For - neuer was the power of the Romans greater than in the time of Traian the emperour, who ioyned unto the Roman empire, not onely - 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. 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; - when as the citie of Rome it selfe, being head of the whole empire, did so - abound and flow with ambition, couetousnesse, pleasures and delights, as that - it seemed to retaine no more but the shadow of - the auntient vertue thereof. Neither was the Lacedemonian Commonweale then most - flourishing, when as it had by force of armes subdued all Grecia, with some - parts of Asia also: for now they contrarie unto the lawes, had giuen way for - gold and siluer to enter into the citie, now the discipline of Lycurgus seemed to have beene almost extinct, and so - indeed not long after that same Commonweale came headlong tumbling downe. And - thus much concerning the differences of the changes of Commonweales, which it - is needfull for vs to note, the better to conceiue such conuersions and changes - of estates, which none have touched heretofore.

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Now as for the causes of the chaunges of Commonweales, although they beeThe causes of the changes of commonweales. right many, - and hard to be all reckoned, yet so it is that they may bee brought into - some certaine number, which may suffice - for▪ our instruction. The most common cause of the chaunge of Commonweales is, - that when the posteritie of princes failing, the great men fall out among - themselves, and so take vp armes for the gouernment of the state: or for the - too great pouertie of the greater part of the subiects, and the excessiue - riches of some few: or for the vnequall diuision of estates and honours, or for - ambition and the great desire some have to commaund, or for the revenge of - iniuries, or for the crueltie and oppression of Tyrants, or for the feare that - some have to bee punished for their deserts, or for the chaunging of lawes or - of religion, or for the desire of some at full to enioy their pleasures, or for - the casting out of them which with their excessiue and beastly pleasures - pollute and defile the place of maiestie and - honour. All which causes wee will particularly entreate of, and as need shall - bee, manifest the same with examples.

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Wee have now here before declared, That Commonweales had their beginningThe first monarchies to have taken their beginnings from - opression and tyrannie. by violent tyrannies: whereof some have - afterwards continued in the state of Lordlike Monarchies, and othersome in - Royall Monarchies by right of succession: unto whome diuers chaunges have also - happened for the causes by vs before touched. And that it is so, all the - Histories, both sacred and prophane agree, That the first soueraigntie and - forme of a Commonweale had beginning by the Monarchie of the Assyrians, and - that the first prince called Nimroth (which is to say a - Bitter Ruler) whome - the Histories for the most part call Ninus, by force and - tyranny made himselfe a soueraigne prince; and that after him his successours - continued that Lordlike Monarchie, taking unto themselves the whole and entire - disposition of their subiects and their goods, vntill that Arbaces gouernour of the Medes, draue out Sardanapalus, which was the last king of the Assyrians, and made - himselfe king, without any forme of fashion of election at all. The cause why, - being for that Sardanapalus drowned in vaine pleasures - and delights, was more amongst women than hee was amongst men: a thing which - men of courage and valour take most impatiently, to see themselves subiect to such an one, as hath nothing of a man more than the - figure onely. We see also, that the princes of - the Medes descended from Artabazus, the kings of Persia, - of Aegypt, of the Hebrews, the Macedonians, the Corinthians, the Sicionians, - the Athenians, the Celtes, and Lacedemonians, are all come by right of - succession unto their kingdomes and principalities, for most part founded by - force and violence; but afterward by iustice and good lawes polished, vntill - that their posteritieThe beginning of Aristocraties. - failed (which oftentimes drew after it the chaunging of the estate) or that the - princes abusing their power, and euill entreating their subiects, were - themselves driuen out or slaine: and the subiects fearing againe to fall into a - Tyrannicall gouernment, if they should giue the soueraigntie to one alone, or - not willing to endure the commaund of one of their owne companions, founded - amongst them the Aristocraticall estates, little regarding the common people: at which time if there were any of the poorer - or popular sort, which would also have had part in the seigneurie or - gouernment, they sung unto them the fables of the Hares, which would commaund - together with theThe greatest honors and offices euen in - Popular estates still bestowed vpon the nobilitie and richer sort of the - 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 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 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 - at armes and gentlemen were indeed alwaies chosen unto the honourable places of - estate, and the vulgar people still excluded: vntill that Aristides and Pericles in Athens, and Canuleius and the other Tribunes in Rome, first opened - the gate of honourable offices and preferments unto all the people in generall. - But afterwardsA monarchie of all estates most sure and - durable. when as it was by long experience found out, That Monarchies - were more sure, more profitable, and more durable also, than were the Popular - estates, or Aristocraties; and amongst the Monarchies, them also which were - founded in the succession of the next heires male: these successiue Monarchies - were generally receiued almost throughout all the world, and the Popular and - Aristocratike estates driuen out. Yea the people sometime fearing the death of - their princes, without heires male, persuaded them whilest they yet live, to make choice of their successours: as - 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 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 - 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 - Hostilius, a good captaine. Yea mostunto most cruell - 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, 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 - death of Nero a most cruell tyrant, succeeded Galba, - - an emperor most gratious: So after the strange - euent of the most drunken and licencious Vitellus, - succeeded Vespatian the most continent: And unto the - monster of naturePrinces natures much altered by - soueraigntie. - - Heliogabalus slaine and drawne in the same faction that - was Vitellus, succeeded Alexander - Seuerus the most vertuous: a thing most strange, considering that he - was his cosin germaine, and together with him nourished and brought vp: and - 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 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 - reproach so call him: and against slaunderous and infamous libels made of him, - oft times said no more, but that in a free citie, men ought also to have their - tongues free: but speaking unto the Senat: I have had this good fortune (said - he) to have you for my gratious Masters, and so long as I live I will - acknowledge you for my good Lords: for a good prince (said he) must be the - 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 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 - most cruell tyrant, who caused seauentie Senators of the the house of Dauid to be all slaine, which was indeed the whole bodie - of the Senate except Semneas, and afterward put to death - his wife a most noble gentlewoman, with three of his owne children: and now - lying at the point of death, gaue commaundement to kill all the best and chiefe - of the Nobilitie of the whole land, to the intent thatThe - fairest beginnings of princes raignes proue not alwaies the best. - great mourning might thereby be after his death. Which examples I have amongst - many other marked, whose beginnings were too faire to continue long: the reason - whereof may well be, for that he which at the first seemeth to be so notable - wise and worthie, must needs dissemble much: - wherein Tiberius the emperour is said to have excelled - all others. Whereas of them which have so curiously learned the art of false - semblant and dissimulation, and have their countenances at commaund, nothing - that good is, true, or honest, is to be expected; but all things vaine, salse, - and fained, ful of hipocrisie and craft: Whereas he which at the first - discouereth his imperfections (albeit that he be not therein wise) yet can he - not possibly be a man exceedingly mischieuous or naught: yea of such an one it - is to be hoped, that he may at length proue an vpright and iust man: such an - one as Iohn the French king is reputed to have bene, who - was of such a stomacke, as that he could by no meanes endure to looke ar - - t vppon him - - Why there be so fewe vertuous princes? whome he hated - or liked not of: And yet for all that we read not of - thing by him either dishonourable or wickedly done. Neither ought it unto any - man to seeme straunge, if there have bene but few princes for their vertues - famous: for if every where there be such a scarcitie of good and valiant men, - and that kings are not chosen out of the number of such: and that they to whome - their kingdomes come by succession, commonly have their education polluted with - so many vices, as that hard it is to say which of them is the greatest: it is - almost a myracle if one of them shall bee able to get out of such a gulfe of - all maner of vices. Yet if any such there shall be, as shall for his vertues - become famous, he as a toarch vpon an high place or watch tower, filleth al things with the light and brightnesse of himselfe: - neither is onely whilest he yet liveth - - Euil princes euen for their fathers vertues oftentimes of - their subiects beloued. highly commended: but being dead, leaueth - unto his children and posteritie also, the most fragrant and sweet smelles of - his vertue and worth, who though they shall right wickedly live, yet are they - the rather borne with, for their fathers vertues sake. Cambyses did many most cruell and shamefull things, yet was hee - alwaies both loued and honoured of his subiects, and redoubted of his enemies, - and all for the great loue they bore unto his father Cyrus, which was so well grauen in the harts of the people (as saith - Plutarch) that they loued euen all such as had a - great and rising nose, such an one as Cyrus had. And the - emperour Commodus, albeit that he were a most cruell - tyrant, and had in one day commaunded the great Prouost of Rome to kill all the - beholders of the playes in the Theatre (which were not fewer than threescore - thousand persons) for that they could not - forbeare laughing, to see him in stead of an emperour, so cunningly to play the - Fencer, as if he had bene one inded; yet was hee neuerthelesse of the people - alwaies beloued, for the loue they bare unto the remembrance of Marcus Aurelius his father.A new - prince without great vertues hardly to maintaine his estate. - -

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Wherefore we see kingdomes which come by succession, seldome times to suffer - chaunge or innouation, albeit that a wicked sonne succeed a good father: for - that his kingdome is like unto a great tree which hath taken as deepe root as - it spreadeth branches: whereas he which commeth but newly unto a kingdome - commended nor strengthened with no vertue or power of his auncestours, is - indeed like unto an high tree: which for that it is not well rooted, is with - the wind and tempest easily ouerthrowne. For - which cause a tyrant the sonne of a tyrant, must needs raigne in great daunger, - except he be with great wealth and the power of his neighbor princes - strengthened, or by long discent of his auncestours have obtained his kingdome. - Neither can the verues of a new prince deliver his vngracious sonne from the - conspiracies of his subiects: as it happened unto Hierome a tyrant of Sicilie, who succeeded to Hiero his grandfather, a new prince in his kingdome, which he had by - no right or claime gained, but was yet for his manifold and great vertues, of a - priuat man, thought right worthy of that so great a kingdome, which hee so held - almost sixtie yeares, without force or garrison, to the great contentment of - all men; beloued not of his owne subiects onely, but of all his neighbour - princes also, and especially of the people of Rome, to whome he was most deere: whose nephew, that he might seeme to - excell his grandfather in magnificence and state, thought it better for the - assurance of his estate, to strengthen himselfe with strong garrisons of men, - and so afterwards wholly giuing himselfe ouer unto riot and excesse, bare - 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 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. - The like end almost had Dionysius - - the younger, another king of the same countrey - also, and sonne to Dionysius the elder, who by fraud - inuaded the estate, which he of long time held with strong garrisons and - fortresses, without the stay or alliance of any other forren prince: but he - once dead, and this his sonne a man vnskilfull of the gouernment, and - 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 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 - whome Caesar for the valour of Antipater his father, by a decree of the Senat bestowed the kingdome - of the Iewes: who although he were in great favour with Marcus Antonius, and Octauianus Augustus, yet - for the better assurance of his kingdome, built most strong castles, and to - gaine the good will of his subiects, bestowed great masses of money for reliefe - of the poorer sort, and eased the people of a third part of their woonted - tributes: but knowing how little he had for all that gained, he tooke also an - oath of alleagiance of his subiects, seeking to gaine them of the better sort - with extraordinarie favours and good turnes: and yet for all that he could do, - he was so hated of his subiects, that beeing become sickly, the people much reioyced thereat: which he - perceiuing, it had almost driuen him into a phrensie. But he being dead, the - Iewes sent fiftie ambassadors to Rome, that so eased of that regall gouernment, - they might become subiects unto the Romans, and so happily had obtained to have - bene, had not Herod his sonne bene then in great favour - with Augustus the emperour, unto whome the elder Herod had before by hisThat is nine - hundred Thousand crownes. will left fifteene hundred talents of gold. - Howbeit yet, that all the successours and posteritie of Herod, which were in number many, in lesse than threescore yeares, all - in poore estate perished, as well for that he being but a new man, was not - descended of royall race: as for that his prowesse and valour fayled in his - successours.

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But these conuersions and chaungings of kingdomes and Commonweales chance - - - Couetousnesse, crueltie, and the voluptuous lives of - princes, oftentimes the causes of the change or ruine of their - estates. so much the rather, if the tyrant be too great an exactor, - too cruell, or too much giuen to his voluptuous and vnlawfull pleasures, or be - delighted in all these together: as was Nero, Tiberius, - and Caligula: and yet of these, wantonnesse and - whoredome hath ruinated moe princes than all the other causes: and so is it - also much more daungerous unto a prince for his estate than crueltie: for - crueltie keepeth men in feare and awe, & bringeth a terrour vpon the - subiects; whereas wantonnesse bringeth after it an hate and contempt also of - the tyrant; forasmuch as euerie man deemeth the effeminat man to be also faint - hearted, and farre vnworthie to commaund a whole people, which hathVoluptuousnesse more daungerous unto a prince than - crueltie. not power ouer himselfe. So we see that Sardanapalus king of Assyria, Canades king of - Persia, Dionysius the younger, and Hierosme, kings of Sicilie, Heliogabalus, - Amyntas, - - - - Chideric, Periander, Pisistratus, Tarquin, Aristocrates - king of the Messenians, Timocrates king of Cyrene, Andronicus emperour of Constantinoble, Rhoderike king of Spaine, Appius Claudius, Galeace - Sfortia, Alexander Medices, the Cardinall Petruce Tyrant of Sienne, Lugrac and Megal, - 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 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 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 - lost his estate, but for intemperance? and yet neuerthelesse was so drowned in - delights, as that returning out of Germanie, without hope that the emperour Charles the fift (in whom his greatest trust was) would - 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 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 - of his kingdome also.Extreme crueltie oftentimes cause of - the change of the princes estate - -

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But for the crueltie of a prince, the estate easily chaungeth not, if he be not - more cruell than the wild beasts themselves, such as were Phaleris, Alexander Phereus, Nero, Vitellius, Dometian, Commodus, - Caracalla, Maximinus, Ecelinus of Padua, and Iohn - Maria of Millan, who were all slaine, or driuen out of their dominions, - and their Tyrannical estates for the most part chaunged into estates Popular. - Which befell them not so much for the crueltie by them used against the common - sort of people (wherof no reckoning nor account is made in a Tyrannicall - estate) as for crueltie committed in the - person of the great and best friended, who are alwayes of tyrants to bee - feared: unto whome euen contumely and disgrace is oftentimes more grieuous than - crueltie it self: wherof we have a domesticall example of that Bodile, who for that he was by the commaundement of Childeric king of Fraunce whipped, slew not onely the - king, but the queene also, being then great with child. So was also the - emperour Iustinus the third slaine by Atelia generall of his armie, whose sonne he had slaine, and in - despight prostituted his wife unto his seruants. And Archetaus king of Macedon, was likewise slaine by him whome he had put - into the hands of Euripides the poet, to be whipt: as - was his nephew also king of Macedon, slaine by him whome hee had without - punishment suffered to be abused against nature by Antipater, and scorned him crauing of him revenge. - -

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The Aristocratike estate also of them of Mitylen, was chaunged into a Popular, - for that it chaunced certaine gentlemen as they went along the streets with - their bastanadoes, in sport to strike all such of the common people as they - met: Whereupon one Megacles tooke occasion to stirre vp - the comminaltie to fall vpon the nobilitie, and so to kill them. And not to - seeke for examples farther, Henry, of late king of - Sweden (but now a prisoner) was also thrust out of his kingdome, for that he - not onely disdainfully reiected the request of a certaine gentleman his - subiect, but also with his owne hand most cruelly stabbed him with his dagger: - wherwith the nobilitie and people moued, tooke him prisoner, and enforcing him - to resigne his kingdome, gaue it to his younger brother, who now raigneth. And almost alwaies the tyrants-quellers have - receiuedRewards still giuen unto the killers of - 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 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 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 having enioyed that - estate. And the Venetians having slaine the - tyrant Eceline, obtained the seigneurie of Padua.

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Some others there be, which seeke the tyrants death, and so the chaunge of - theSome for desire of revenge▪ and some for the desire of - honor and the deliverance of their countrie, to have procured the tyrants - deat and so the changing of the estate▪ - 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 - cruelties, possessed the kingdome of Spayne, which they held by the space of - seuen hundred yeares after. And some others there bee also, who neither for hope of bearing of rule, of preferment; or of wealth: - neither for revenge of wrongs, nor for any - other priuat iniuries receiued, are yet induced to the killing of a tyrant, - without hope to be able by any means to escape therefore a most sharpe and - 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 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, - & sonne in law to the emperour Charles the fift, by - whose forces and power hee obtained the soueraigntie of Florence, and draue out - them also that were of greatest power and - courage in the state, to have compassed himselfe with great and strong - garrisons, and alwaies to have gone armed, in such sort as that it seemed - almost impossible to find the meanes to come neere him, and yet for all that to - have bene slaine by the conspiracie of Laurence Medices, - not onely his neere kinsman, but his most familiar and domesticall friend also▪ - when as the said Laurence had promised to prostitute - unto him his owne sister; that so he might the better deliver the man disarmed - (euen as he was kissing and embrasing his sister, who me he thought to have - rauished) to the murtherer to be slaine▪ which was so couertly done, as that - the souldiours of his guard, whome he kept for the saftie of his person, making - merrie in a dining chamber fast by, perceiued nothing of the murther of their - prince. And yet in so doing, the said Laurence neither - delivered his countrey from tyrannny - (whereinto it by and by after againe fell) neither himselfe from daunger, being - at length by a murtherous fellow himselfe also slaine at Venice. And Cosmu Medices, who after the - death of Alexander, by the helpe of the garrison - souldiours, the supportation of his friends, and fauor of the pope, obtained - the same gouernment▪ albeit that he was reported to have bene one of the wisest - princes of his age, or of long time before him, and a right great justicier, - euen by the report of his enemies themselves, and had diuers strong castles - euen in the citie it selfe: yet neuerthelesse was he an hundred times in - daunger of his person, by the conspiracies of his subiects against him, being - not able to endure a maister ouer them, albeit that hee were both iust and - vertuous. And he which now raigneth, not long since missed not much to have bene laine by the - 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 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 having taken away one - of his subiects daughters, saying, That he - should neuer have one to succeed him in his estate, if he used such fashions: - as indeed it fell out with him, being shortly after his death chased out of his - kingdome.

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Now if any man shall obiect and say unto mee, That force and feare are two - euillForce and feare, things necessarie for a new prince, - for the maintenance of his state. masters - for the maintaining of an estate: true it is, and yet needfull for a new prince - to vse, who by force changeth a Popular estate into a Monarchie, a thing - altogether contrarie unto a Monarchy Royall; which the lesse guard it hath, the - surer it is: & therefore the wise king Numa put from - 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 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 - thing impossible for him without guards, garrisons, and fortresses, long to - have maintained himselfe and his so new an estate, but that he should have - fallen into the hands of his enemies. There was neuer a more gratious, - magnificent, noble, couragious, or courteous prince then Caesar; and yet notwithstanding, all these his great vertues were not - able to preserue him, but that he was by his sonne Brutus and other the conspirators with incredible consent and - fidelitie combyned against him, in the middest - 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, 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 - in revenge of the death of his vncle Caesar, as he - 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 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 - of the way; he might have seemed to have beene able to have raigned in great - securitie: yet neuerthelesse hee dispersed fortie legions into the prouinces, - placed three legions in Italie, and that not farre from the citie, kept a - strong guard about him for the safetie of his person: forbid the Senators - 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 - 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, 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 - title of a Tribune of the people, or of a Prince, was by one or other giuen - unto him. That is also reported to have beene of him verie popularly done, in - that he commaunded debts due to the - Commonweale, which were growne by the civill warres, and the records of the - 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 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 - on his part discharged his guard, going as a priuat - man sometimes with one man, and sometimes with - an other without any other companie; and so laide the foundation of that great - Monarchie, with the most happie successe that euer Prince did.

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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, 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 - man. As for the first point, and the most ordinarie change of these estates we - have examples enowe. For so Pisistratus, when he had got - the chiefe office in the common weale, inuaded the libertie of the people: as - did also Cypselus - - at Corinth, Thrasybulus, - Gelo, Dionysius, Hiero, Agathocles at Syracusa, Panaetius, and Icetes at Leonce, Phalaris at Agrigentum, Phidon at - Argos, Periander at Ambrace, Archelaus in Cadie, Euagoras in Cyprus, Polycrates in Samos, Anaxilaus at Rhegium, Nicocles at - Sicyon, Alexander at Pheree, Mamercus at Catana, the Decemuiri at Rome, and there after them Sylla and Caesar: the Scaligers at Verona, the Bentinoli - at Bolonia, the Manfreds at Fauentia, the Malatestes at Atiminum, the Baleones at Perusium, the Vitelles at Tifernas, - the Sforces at Millan, and diuers others of like sort, - who of gouernors of cities and armies have taken vpon them the soueraigntie. - For in matters of estate it may be holden for an vndoubted maxime, that he - isMaster of the forces, Master of the Estate. - master of the estate, which is master of the forces. Wherefore in well ordered - Aristocratique and popular Commonweales, the - greatest honours are graunted without power of commaund, and the greatest - powers to commaund are not graunted without a companion therein: or if it be - dangerous to diuide the power of commaund toOrders necessary - for the maintenance of Aristocratique and popular commonweale. many, - as in matters of warre it is; then the power so graunted unto the magistrat or - Generall ought to be but short. And therefore the Romans made chiefe - commaunders their two Consuls: and the Carthaginensians their two Suffets, who - every other day commaunded by turnes: For albeit that the dissention which is - commonly betwixt them which are in power equall, is sometimes an hinderance for - the execution of good and profitable things: yet so it is that such a - commonweale so gouerned is not so subiect to be turned into a Monarchie, as it - were if it had but one chiefe and soueraigne - magistrat: as the great Archon at Athens, the Prytani with the Rhodians, the yearely Generall with the Achaeans and the Aetolians, and the Duke at Genes. And for the same cause the Dictatorship in - Rome continued no longer then the charge required, which neuer passed six - monethes at the longest; yea and sometime lasted but one day; which time - expired, the power to commaund ceased: and if so be that the Dictator did for - any longer time retaine his forces, he might therefore be accused of treason. - 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 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 - Magistracies are annuall, in Aristocratique and Popular Commonweales. Howbeit - that in Venice the six Councelours for the estate which are assistant unto the - Duke, continue but two monethes in their charge: and he that had the keeping of - the principall fortresse of Athens, had the keyes thereof but for one day - onely: no more then hath the captaine of the castle of Rhaguse, who chosen by - lot, hath the charge but for a day, and is led into the castle hoodwinkt. It - behoueth also in popular & Aristocraticall - Commonweales so much as possible is, to beware that the lawes - - To chaunge the lawes and ordinances concerning the - magistrats time, or to prorogue his charge, a thing most dangerous in an - Aristocratique or Popular Commonweale. and ordinances concerning the - Magistrats time be not changed, neither their charge prorogued, if the - 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 five yeares: which law had it beene - kept, Caesar had neuer inuaded the estate as he did, - 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 - continue, that he gaue at one time unto Paulus the Consull nine hundred thousandWonderfull bribes giuen by Caesar in - aspiring to the estate. crownes, to the intent that he should not - oppose himselfe against his enterpises; and unto the Tribune Curio, fifteene hundred thousand crownes to take his part. The people - of Rome moreouer allowing him pay for ten legions of souldiers so long as the - warres in Fraunce should last. Which so great a power was ioyned with the - hardiest hart that then lived, and the most valiant that euer was, and - discended of so noble an house, as that in an oration unto the people he - doubted not to say, That by the fathers side he was discended from the gods, - and by the mothers side from kings; and yet withall so modest, as that his - great enemie Cato said, That there was neuer so modest a - tyrant as he, and withall so vigilant: as that Cicero an - other great enemie of his, (who conspired his - death) calleth him in one of his Epistles, The monster of wisdome & - incredible diligence: and moreouer so magnificall and popular as euer any was▪ - 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 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 - which still lived of the publique corne which they receiued, he retained but an - hundred and fiftie thousand, and sent fourescore thousand ouer the sea - 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, 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 - his embleanie or deuise of an Eagle shot thorow with arrowes fethered with his - owne feathers, being before pluckt from her. For so do the soueraigne gouernors - and magistrats of those estates, especially when too great power is giuen to - him which is of too ambitious and hautie a mind. And thus much concerning the - chaunge of a Popular or Aristocraticall estate - into a Monarchie, wherein one of the subiects maketh himselfe Lord thereof.

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But the chaunge of a Popular estate into an Aristocratie chanceth commonly - vponThe mutuall chaunge of a popular estate into an - Aristocratie, and of an Aristocratie into a Popular estate. the losse - of some great battell, or other notable detriment of the state, receiued from - the enemie: as to the contrarie the Popular power then most encreaseth when it - returneth from the warres with some great victorie ouer their enemies. Of which - manner of chaunges as there are many examples, so is there none more fit than - 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 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 - backe by the forces which the foure hundred had in their power, wherwith they - 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 - 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 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 - Romans had gained the estate of Tarentum, the people forthwith began to set vp - their hornes, demaunding to have part in the lands which the nobilitie had of - long time possessed. And yet neuerthelesse afterwards, when as Hannibal had brought the Roman estate into great - extremitie, the people became as humble as was possible: but after that the - Carthaginensians were ouercome, king Perseus - ouerthrowne, Antiochus put to flight, the kingdome of - Macedonia and Asia subuerted▪ then immediatly - againe followed the sturres for the diuision of lands, and the turbulent - seditions of the Gracchies, wherewith the Tribunes armed - the people in most insolent manner, insulting vpon the nobilitie. In like - manner the Florentines ouerthrew their Oligarchie, established by Pope Clement the seuenth, restoring the people againe unto - their wonted libertie: for so soone as newes was brought unto Florence, That - Rome was by the imperials sackt, and the Pope with the rest of the Cardinals - and Bishops besieged▪ it is not to be beleeued, with what pride the headstrong - people began to rage against them of the house of Medices; with what urie they cast downe - their statues, defaced their armes, and reuersed all their decrees and lawes. - The Popular estates of the Swissers indeed first tooke their beginning from the - pride and insolencie of the gouernours of - those places, but yet had their greatest encreasings after the victorie of - Sempach, about the yeare 1377, at which time the nobilitie being with a great - slaughter ouerthrowne by the rural people, there was no more talking of - Aristocraties, nor of acknowledging of the soueraigntie of the empire ouer - them, in what sort soeuer. But the chiefe cause of these conuersions and - chaunges of these estates, is the rash vnstaidnesse and vnconstancie of the - people, without discourse or iudgement moued with euerie wind; which as it is - with a little losse discouraged, so is it also after any victorie intollerable; - neither hath it any more deadly or dangerous enemie, than too much felicitie - and prosperous successe of the affaires thereof; nor a wiser maister than - aduersitie and distresse, wherewith it daunted and discouraged, learneth to - rest vpon the councell of the wiser sort, - leauing the helme of the estate for them to gouerne, which they themselves in - such tempestuous times know not how to hold. Whereby it is to bee perceiued, - nothingNothing more profitable for the preseruation of a - Popular estate than warres. to be more profitable for the - preseruation of a Popular estate, than to have warres, and to make enemies for - 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, 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 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 - this case hee did but that which best beseemed him, and was also most - 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 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 - force ouerthrow their enemies, and chaunge the Popular estate into an - Aristocratie. As it happened unto the Heracleans, the Cumans, and the - Megarenses, who were chaunged from Popular estates into Aristocraties, for that - the people had wholly driuen out the nobilitie, who with their friends - combining their forces, and possessed of these three commonweales, ouerthrew - therein the Popular estates, and againe established Aristocraties.Popular estates most commonly to chaunge into - Monarchies. - -

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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, 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 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 - desire of honour, or for the saftie of his person, keepe unto himself theTyrannicall gouernments most commonly to chaunge into popular - estates. soueraigntie. Whereas contrariwise Tyrannicall gouernments - (for the most part) chaunge into Popular estates. For that the people which - neuer knoweth how to keep a meane, the - Tyrannicall gouernment once taken away, desiring to communicat the soueraigntie - unto them all, for the hatred that it beareth against Tyrants, and the feare - that it hath to fall againe into tyranny, becommeth so furious and passionat, - as without reason or discretion to fall vpon all the kinsmen and friends of the - tyrant, and not to leaue one of them alive: whereof for the most part ensueth - the slaughter, exile, & proscription of the nobilitie; in which case euerie - man of valour, courage, and worth, chuseth rather to shunne the furie of the - most headstrong people, as the raging of a wild beast, rather than to beare - rule ouer it. As it happened at Athens, after that Pisistratus was slaine; at Rome, after Tarquin - the proud was driuen out: at Syracusa, after Hiero - slaine, and againe after that Dionysius was banished: at - Florence, after that the duke of Athens (who - afterwards died Generall in the expedition of Poitiers) was driuen out: at - Milan, after that Galuagno the tyrant had there lost his - estate, where the people of Milan for fiftie yeares after, held a Popular - estate, vntill that at last it was againe changed into a Tyrannicall gouernment - by the Toresas. Neither did the Swissars otherwise - establish that thei Popular estate (which by the space of 260 yeares hath - continued euen unto this day) but by killing of the tyrannicall deputies of the - empire, tyrannizing ouer them. The like we see to have happened in Thessalie, - after that Alexander the tyrant of the Phereans was - slaine: and in Sienna, after that Alexander Dichi the - new tyrant, was by the conspiracie of Hierome Seuerin - slaine, and his partakers of the nobilitie De Monte Nouo cast out, slaine, and banished, the people - forthwith tooke vpon it the soueraigntie. - Neither is it to be doubted, but that the Florentines, after the death of Alexander Medices the new tyrant, would have taken the - gouernment from them of the house of Medices, and - reestablished their Popular estate, if they had certainly knowne the tyrant to - have beene slaine: but when as almost onely Laurence - Medices with Caracciolus the muttherer were - priuie to the murther (supposed to bee not onely the tyrants familiar and - domesticall acquaintance, but his most inward friend also) no man could by him - be persuaded, that he had slaine the tyrant: but so by present flight making - shift for himselfe, gaue opportunitie to young Cosmus - Medices his cosen (who then had the forces of the estate in his power) - to take vppon them the soueraigntie. But this conuersion or chaunge of - Tyrannicall gouernments into Democraties, or of - Democraties into Tyrannicall gouernments, most commonly happeneth, as we have - said, by occasion of civill warres: for if a strange enemie become lord of any - Popular estate, he commonly ioyneth it unto his owne: which is not then to be - called a change, but a destruction of that Commonweal, so vnited unto the - victors; except the victor (which seldome times happeneth) restore unto the - vanquished their libertie and gouernment: as the Lacedemonians chose rather - that the confederat cities of the Athenians, by them ouerthrowne in the - Peloponesian warre, yea and that euen the citie of Athens it selfe also, should - enioy their wonted libertie, than to be ioyned unto the Lacedemonian estate: - howbeit yet that the Lacedemonians in euerie place established Aristocraties - for Popular estates, quite contrarie unto the manner and fashion of the Athenians, who in all places went about to - ouerthrow Aristocraties, and to establish Democraties or Popular estates. So - that it differeth much, whether the conuersions or chaunges of Commonweales - proceed from a forren and straunge enemie, or else from the citisens - themselves.

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Sometime also the people are so fickle and fantasticall, as that it is almost a - thing impossibleThe ickelnesse of - the people oftentimes cause of the change of the estate. for them to - hold any one estate, which it is not by and by againe wearie of: as we may say - of the auntient Athenians, Samians, Syracusans, Florentines, and Genowayes; who - after they had changed from one estate or forme of gouernment, would by and by - have another. Which phantasticall disease most commonly chanceth unto such - Popular estates, as wherein the subiects be too wise and of too subtill - spirits, as were those whome we have before - spoken of: For amongst them euerie man thinketh himselfe worthy to be a - commaunder, whereas where the subiects be more grosser witted, they the more - easily endure to be by others ruled, and more easily yeeld unto other mens - aduises, than doe they whome you must with the multitude of arguments and - subtiltie of wit conuince, before you shall persuade them unto any thing: so - subtillising their reasons, as that oftentimes they vanish euen into smoke; - whereof ariseth an obstinacie of conceit, alwaies enemie unto wise councels, - with diuers changes of Commonweales. As a man may easily see in Thucidides, Xenophon, and Plutarch, the Athenians lesse than in an hundred yeares, six times to - have chaunged their estate; and since them the Florentines seuen times: which - so happened not neither unto the Venetians, - nor Swissers, men not of so sharpe a wit. For who knoweth not the Florentines - to be most sharpe witted men? but the Swissers to have alwaies bene men of a - more dull spirit? And yet when as they both almost at the same time, chaunged - their Monarchie into a Popular estate, the Swissers have therein so maintained - themselves now almost three hundred yeres: wheras the Florentines not long - 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 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 - people taking vp armes against them easily ouercome and put to flight. But the - nobilitie (and so the Aristocraticall estate) thus ouerthrowne, the popular - sort, and they of them especially which were called the Grandes (or great ones) - 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 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 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 - miseries and distresse, comming in great companies to Florence, exhorted them - their neighbours to lay downe armes, and to seeke for peace: by whose good - speeches they persuaded at last, ceased from their slaughters & butchering - of one another. Whereupon to end the matter, they sent ambassadours unto the - pope, to send them some one descended of royall blood, to rule and raigne - ouer them: where by good fortune there was - then at Rome Charles of Fraunce brother to king Lewes the ninth, who at the request of the pope, and of - 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 - 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 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 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, - and afterwards three conspiracies breaking forth into open force, one after - another in the citie: yea at last the citisens altogether burst out into such - hatred against the prince, that they besieged the pallace wherein he lay, - 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 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 - state and gouernment, oftentimes no better ordered, than if it had bene - committed to mad men, or children without discretion: scarcely twentie yeares - together keeping the same forme of state. But as sicke men in the heat of - burning feuers, desire to be remoued now hither, and by and by againe thither, - or from one bed to another, as if the disease were in the places where they - lay, and not in the verie entrals of their bodies: euen so the Florentines were still turning and tumbling of their estate, vntill - they light vpon Cosmus Medices, - - of all Physitians the most skilfull, who cured - the citie of these popular diseases, by establishing therein a Monarchie, and - building therin three strong citadels, furnished with good & sure - garrisons; so leauing unto his posteritie a well grounded soueraigne state, by - himselfe holden by the space of almost fortie yeares: than which nothing could - have bin wished for of almightie God, better or more wholsome for such a most - seditious citie. And thus much briefly concerning the Florentine state, which - haply might seeme incredible, had they not bene committed to the remembrance of - all posteritie, euen by the * writings of the Florentines themselves. The like - tragedies we see to haveAntoninus Poggius Mbiauellus. bene plaid also by the people of - Affrike (who in sharpnesse of wit are said to passe the Italians) when they - made proofe of Popular estates: whereof I will set downe but one or two examples amongst many: as namely the - inhabitants of Segelmessa, a citie vpon the sea coast in the kingdome of Bugia, - reuolting from their king, established among themselves a Popular estate, but - shortly after entred into such factions and civill seditions, as that not able - to endure either the gouernment of their king, or yet the gouernment of - themselves, they by common consent laid all their houses and the walles of - their citie euen with the ground, that so they might euerie one of them as - kings and princes rule and raigne in their owne houses abroad in the countrey. - The people also of Togoda, a citie in the frontiers of the kingdome of Fez, - wearie of their Aristocratie, forsooke their countrey. For which causes the - people of Affrike, not able to endure the Aristocratique or Popular estates, - have almost euerie where established Royall - Monarchies.

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Now albeit that Aristocratike estates seeme to many both better and more - assuredDiscord amongst themselves daungerous unto the - gouernours of an Aristocratie. and durable also than the Popular, yet - so it is, that the gouernors therof if they bee not of accord among themselves, - are still therein in double daunger: the one from the faction among themselves, - the other from the insurrection or rebellion of the people, who neuer faile to - fall vpon them if they once find them at variance among themselves, as we have - before shewed of the Florentines. The like whereof happened at Vienna, at - Genes, and diuers other Commonweales in Germanie also. As it also chanced in - the Peloponesian warre, unto all the cities of Greece which were then gouerned - by the nobilitie or richer sort. Which is also yet more daungerous, when the - 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 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 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 - of Strasburg, who in detestation of the - Aristocraticall gouernment, which they had chaunged into a Popular, after they - had driuen out, banished, or slaine their lords and gouernours, solemnly by law - prouided, That no man should have the great estate, or any other publike charge - in the citie, except hee could first well proue his grandfather to have bene - some verie base fellow, and so himselfe to be descended from the meanest sort - of the rascall people. Which yet is no new matter: For we read, that the - straungers in the Commonweale of Corfu encreased so fast, that in the end they - seised vpon all the nobilitie, whom they cast into prison, and there murthered - them; chaunging afterwards that Aristocraticall estate - 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, 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 - well encreased, that for one Venetian gentleman there are an hundred citisens, - as well noble as base descended of straungers; which may well be proued by the - 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 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 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 - which number the nobility or gentlemen were not comprehended, who could not be - aboue three or foure thousand, accounting as well them that were absent, as - them that were present. And truely I cannot but maruell why the Venetians have - published, yea and that more is have suffered to be put in print the number - that then was taken. The Athenians long agoe - committed the like errour, and when the citie was most populous, found that - vpon the number taken, there were in the citie twentie thousand citisens, ten - thousand straungers, and foure hundred thousand Slaves: which open number and - account the Romans would not take of their straungers, and so much lesse of - their Slaves: whom they would not either by their countenance or attire have - knowne from the rest of the citisens: Howbeit that some were of opinion that - the Slaves ought to be knowne by their apparell; yet their opinion preuayled - which thought the same to be daungerous, and a thing to bee feared, lest the - Slaves entering into the number of themselves, should make their masters their - Slaves, for so Seneca writeth. We read in the hystorie - of Cardinall Bembus, that the greatest assemblie - of the gentlemen of Venice in his time - (when as that Commonweale was most populous) was but fifteene hundred; which - their fewnesse they by most certein tokens, and their attire, make still to - appeare. But that which hath most maintained their seignorie against the - 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 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 - surcharged and euill entreated also.

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Now all these changes of Aristocraties into popular Commonweales have - beeneThe change of popular estates into Aristocraties of - all others most gentle and quiet. violent and bloodie, as it - 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 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 - it commeth to passe, that the lesser part of the inhabitants hold the soueraigntie, which wee have shewed to bee a right - Aristocratie. Such were the changes of those Commonweals which we have before - noted, from the people unto the nobilitie, and such as have indeed happened - 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 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 - estate, is of all others most gentle and easie, and least subiect unto tumults - and sturres: neither can otherwise be letted, - but that it wil in time chaunge, but by keeping of strangers from entring into - the citie: or by sending of them out into colonies, or else together with the - rest admitting them unto the honors and preferments in the estate: and so much - the more if the people be giuen to warre. For otherwise it is to be feared, - that the nobilitie not daring to put armes into the subiects hands, but being - constrained to go to warres themselves, should be all at once ouerthrowne, and - so the people inuade to soueraigntie: as it happened to the seigneurie of - Tarentum, which in one battell against the Iapiges lost almost all the - nobilitie: after which the people seeing themselves the stronger,Aristocraties by some great our - throwe of the nobilitie oftentimes chaunged into popular estates. - changed the Aristocraty into a Popular estate, in the time of Themistocles. And for this cause the nobilitie of the Argiues, being - almost all slaine by Cleomenes king of - Lacedemonia, they that remained yet alive, - fearing the rebellion of the people, of themselves receiued the comminaltie - into the fellowship of the gouernment, and so of their owne accord seemed - willingly to grant that which the people otherwise have taken from them by - force, & whether they would or no: by which means their Aristocratie most - quietly and sweetly chaunged into a Popular estate. So one of the things that - gaue aduantage unto the people of Rome ouer the nobilitie, was the victorie of - the Vientes, who in one battell slew 300 of the Fabians, all gentlemen of one - house, when as not long after twelue families of the Potitij, who ascribed the - beginning of their houses unto the gods, were in one and the same yere quite - extinguished & brought to naught, as Liuie writeth. - And therefore the Venetians, better citisens than warriors, if they bee to - make warre (which they neuer doe but vpon - great necessitie) vse commonly to chuse their generall one of their nobilitie, - their souldiors for the most part beeing strangers and mercenarie men. But this - inconuenience for the changing of the estate, for the losse of the nobilitie, - cannot happen in a Monarchie, if all the princes of the blood beeMonarchies hardly chaunged for the losse of the - nobilitie. not slaine together with the rest of the nobilitie: as the - maner of the Turks is to doe in all places where they have any purpose - absolutely to command, where they spare not so much as a gentleman: whereof - have ensued the destruction of many Commonweals in the East, and great - encreasing of the Turkish empire. But this change, or rather vnion or - encreasement of one estate by another, proceedeth from externall force. So in - France also, when as almost all the nobilitie of France was slaine in the - expedition of Fontenay, neere unto Auxerre, by - the civill warre betwixt Lothaire the eldest sonne of - Lewes the Gentle, on the one part, and Lewes and Charles the Bald on the - other: yet for all that all their three Monarchies stood still firme: and - namely when the countrey of Champagne had lost so much of the nobilitie in - those wars, as that for the restoring therof, the gentlewomen had especial - priuilege to ennoble their husbands with whom they should marrie, and yet for - all that the Monarchy in the state therof felt no change at all. And thus are - the great and notable changes commonly made in Aristocratike and Popular - Commonweales.

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- - But nothing is so much in an Aristocratie to be feared, - as least some gracious man - - Ambition and the vnworthie bestowing of the great - preferments of the commonweale, thinges most daungerous to an - Aristocrati - - of the nobilitie, or of the people, desirous of rule & authoritie, - should stirre vp the people against the nobilitie, and become leader of them - himselfe. For therof ensueth the most certaine destruction of an Aristocratie, - together with the nobilitie. In this sort Thrsyllus first, and afterward Thrasybulus at Athens, Marius and Caesar at Rome, Fra. Valori, and - P. Sodorin at Florence, armed the people against the - nobilitie: which is also so much the more to be feared, if the great honours of - the estate bee bestowed vppon most filthy and wicked men, and other vertuous - men and such as have well deserued of the Commonweale, kept backe and excluded. - Which thing seemeth not grieuous onely to euerie good man, and not to be borne - withall, but ministreth occasion also unto the seditious and popular, to - enflame the people against the nobilitie. Neither for any other cause did the people of the Orites by force - wrest the power and gouernment from the nobilitie, than for that they had - preferred unto the chiefe honours one Heracleotes, a man - for his euill life infamous. Which thing also was the destruction of Nero and Heliogabalus, for that - they had bestowed the greatest honours and preferments of the empire, vpon most - wicked and corrupt men. Which of all other things is most to be feared and - shunned in an Aristocratie Aristocratically gouerned: that is to say, where the - people is kept from all honours and places of commaund: which although it be of - it selfe an hard thing patiently to endure, yet were it the better to bee - borne, if the gouernment were committed to good men: but when it is giuen to - wicked and vnworthy men, euerie audacious fellow vppon occasion offered, will - easily draw the people from the nobilitie, and - so much the rather, by how much the nobilitie shall be at lesse vnitie among - themselves. Which plague, as it is in all estates and gouernments,Discord among the nobilitie a thing most daungerous to the - sta - - so is it especially in an Aristocratie to be eschewed and fled. Now - discord oft times ariseth euen of most small matters, which as sparkes raise - the great fiers of civill warres, which at length take hold euen of the whole - bodie of the estate of a citie or Commonweale. As it happened at Florence, for - the refusall made by a gentleman of the noble house of Bondelmont, to marrie a gentlewoman to whome hee had before giuen his - promise, gaue occasion to the raising of a faction amongst the nobilitie, who - so wasted and deuoured one another, as that the people to end the quarrel, - easily draueSmall matters oftentimes the caus of great chaunges in commonweals. out all - 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 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 & - Commonweale of Delphos, for the same occasion, was chaunged from an - Aristocratie unto a Popular estate. The state of Mitelin was also chaunged from - an Aristocratie into a Popular estate, vpon a suit betwixt the nobilititie and - the people, Which of them should have the tuition of two orphans. And the state - of the Commonweale of the Hestiens, for a suit in matter of inheritance betwixt - two priuat men. And the sacred warre which - chaunged not, but euen vtterly ruinated the estate of the Phocenses, was - grounded vpon the marriage of an inheritrix, whome two of their great lords - stroue to have. And that more is, the Aetolians and Arcadians, for a long time - sore weakened one another with mutuall warres, and all but fo a boares head: as they of Carthage and of Bizaque did - also for a small frigot. So betwixt the Scots and the Picts, was raised a most - cruell warre, and all but for certaine dogges, which the Scots had taken from - the Picts, and neuer could be againe reconciled, howbeit that they had for six - hundred yeares before lived in good peace and amitie together. And the war - betwixt the duke of Burgundy and the Swissers, which - could no otherwise be ended, but by the death of the duke himself, was all but for a wagon load of sheepe skins which he had - taken from the Swissers.Great men hardly to be called in - question to giue an account of their doinges, without the daunger of the - estate. - -

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Sometime also the changes and ruines of Commonweales come, when the great ones - are to be brought in question, to cause them to giue an account of their - actions, whether it be for right or wrong: wherein euen they which are - guiltlesse (and especially in Popular estates) not without cause alwaies feare - the calumnies and doubtfull issues of iudgements, which most commonly endaunger - the lives, the goods, and honour of such as are accused. And to leaue forren - examples, wee have store enow of our owne, and that of such as of late have set - on fire all the kingdome with civill wars when it was but spoken of, for - calling them to account for two and fortie millions. And no maruell if they so feared to be brought in question for - embeseling of the common treasure and reuenewes, when as Pericles, a man of greatest integritie, and which had most - magnificently spent euen his owne wealth for the Athenian Commonweale, rather - than he would hazard the account that they demaunded of him for the treasure of - 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 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 - reporteth of him: who caused him to be - banished with the banishment of the Ostracisme. And euen for the selfe same - cause the Rhodians and they of Choos had their estates changed from - Aristocraties into Popular estates. And albeit that Caesar was of himselfe most ambitious and desirous of soueraigntie: - yet was he not so much desirous to beare rule, as affraid to be called to - account by priuat men, for such things as he had done, as his enemies had - openly boasted that he should, so soone as hee was discharged of his charge: - not the least cause that moued him to ceise vpon the estate. For what assurance - could he have of himselfe, seeing before the two Scipioes (Africanus the honor of his time, and - Scipio Asiaticus) Rotulus and - Cicero, by the iudgement of the people condemned? Now - if good men were to feare, what should the wicked do? who besides that they are in hope the better to escape, the - Commonweale beeing all on a broile, are also resolved, that the common - treasures can neuer more easily be robbed, or good men spoiled and slaine, than - in the time of civill warres: euer taking it for an aduantage to fish in the - troubled water. And although it may fortune such wicked men also to perish (as - oftentimes it happeneth them which have bene the authors of civill warres, - themselves to die a most miserable death) yet have they still in their mouths - that desperat saying of Cateline▪ That the fire - (forsooth) which had taken hold of his house, which he could not with water - quench, hee would yet quench with the vtter ruine of the same. And truly much - he missed not, but that hee had vtterly ouerthrowne the Roman Commonweale, or - stept into the soueraigntie, had not Cicero the watchful - Consul, and Ca. - Antonius his companion (although it were with much a do) slaine him so - desperat a citisen, with all his fellows. Neither ought Cicero (by his good leaue bee it said) to have driuen Catiline out of the citie, but to have oppressed him euen - there, the conspiracie once detected. For it is not to be hoped, but that he - which seeth himself banished from his house, & from his country, if he have - power, wil forthwith put himself in arms, as he did. And had he gained the - battell against Ca▪ Antonius, hee had put theHow daungerous a matter it is in euerie commonweale to bannish - a great man. whole estate in great danger, being one of the most - noble gentlemen, and best allied of all them that were in Rome. Certeine it is - that by his departure out of the citie, a great and - dangerous sinke of the Commonweale was so well clensed; yet had it beene better - for him to have beene there oppressed, than - armed against his owne countrie. But of such great and dangerous enemies, the - wiser sort aduiseth vs, to make them ourThis was the - Ostracisme banishment. verie good friends, or else vtterly to destroy - them, rather than to driue them out of the citie; except we should for honour - banish them: as they did in the cities of Athens, Argos, and Ephesus, where the - great Lordes mightie in wealth, favour, or vertue, were for a certeine time - (which for all that neuer exceeded ten yeares) constrained to absent - themselves, without any losse of goods or reputation; which was an honourable - kind of banishment. Of whom so banished, not any one of them is reported to - have therefore made warre vpon his countrie. But to banish a great Lord with - losse of his good and contumely, is not to quench but - to kindle the fire of warre against the estate: For that oft times such a banished man by the helpe of his - friends aspireth unto the soueraigntie; as did Dion - banished out of Syracusa by Dionysius the yonger, - against whom for all that he yet tooke not vp armes vntill he was by him - proscribed. And Martius Coriolanus, who cast into exile, - brought the Romans to such extremitie, as that had he not suffered himselfe to - have beene ouercome with the prayers and teares of his mother, and the other - women whom the Romans had sent unto him, the Roman state had there taken end. - In like manner the banished men of the house of Medices, - and the nobilitie of Zurich in the yeare 133, thrust - out of their cities, by the helpe and power of their friends and allies - besieged their owne natiue countries, and for a long time wearied the citisens their countrymen with a most - doubtfull and daungerous warre. But yet here some man may say, That it is more - safetie to keepe a wicked and a daungerous citisen without the wals, than to - bee troubled with such a plague in the verie entrailes of the Commonweale. - Whereto I yeeld: but yet how much greater a follie is it to let him whom thou - oughtest to kill, to escape out of the citie, who once got out, is both willing - and able to stirre vp, and maintaine warre? Artaxerxes - king of Persia had cast in prison Cyrus the yonger, - guiltie of high treason, and had commanded him in princely manner to be bound - with chaines of gold; and afterwards ouercome with his mothers requests - enlarged him: but he had no sooner got his libertie, but that he made most - grieuous warre vpon the king, and was like enough by his brothers death to have obtained the kingdome, or else have - vndone his countrie; had he not by the kings armie beene circumuented and - 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, 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 - preferments of the estate vpon him, at the time that Cinna expected nothing but the sentence of condemnation, and so - present execution; vsing these words of grace and favour unto him: Vitam tibi Cinna iterum do, priùs hosti, nunc insidiatori ac - parricidae; Ex hodierno die amicitia inter nos incipiat, contendamus - vtrum - - - - ego meliore fide vitam tibi dederim, an tu debeas, Cinna - (said he) thy life I giue thee againe, being before mine enemie, and now a - traitour and a murtherer; But from this day, let vs begin to be friends, and - from henceforth let vs striue, whether I with greater trust have giuen thee thy - life, or thou with greater faithfulnesse doest ow it. After which time he neuer - had a more faithfull friend; being also afterwards by him appointed heire of - all his goods. Augustus had before put to death an - 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 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 - after continued their most fast and loiall friend. And this is it for which Pontius the old capitaine of the Samnites said, That the - 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 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.

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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 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 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 - have suffered moe alterations and chaunges than are in many ages reported to - have beene in this kingdome of Fraunce, or in the kingdome of Spayne. For it is - not to be doubted but that the extreames are alwaies contrarie one of them to - the other, and so at discord and variance betwixt themselves, if there be not - some meanes which may binde and ioine the one of them with the other; which we - see by the eye, not onely betwixt the nobilitie and base common people, betwixt - the rich and the poore, betwixt the good and the bad, but euen in the same - citie also, where as but the diuersitie of places seperate but by some riuer, - or wast vacant peece of ground without building vpon it, doth oft times set the - citisens at odds, and giue occasion to the chaunging - - - - Small occasions serue to raise great dissention amongst - citisens, and so the change of the estate. the estate. So the citie - of Fez was neuer at quiet, neither could the slaughters & murthers euer be - appeased or staied, vntill that Ioseph king of Marocco - and of Fez, of two townes standing somewhat distant one of them from the other - by continuate building made them both one, and that now the greatest citie of - Fez, whereby he gained the praise and commendation of a most wise & - 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 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 - other citisens. And so at Athens they which dwelt by the havens side commonly - called Piraeus, were at continuall discord and variance with them of the vpper - Towne which they called Astu or the Citie, vntill that Pericles with long walles ioyned the haven unto the Citie. For which - cause also such tumults and quarrels fell betwixt the citisens of Venice, and - the mariners and other the seafaring men, as had brought the citie into - extreame perill and daunger had not Peter Lauredan with - his great authoritie and wisedome appeased the same.

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But most often it hapneth the chaunges of Commonweales to follow after civill - discord, especially if some neighbour prince shall - vpon the suddein oppresse a citie or - - Commonweales most often changed or ouerthrowme by forrein - princes, taking the aduantage of the civill discord of the subiects amongst - themselves. State weakned with the slaughter of the citisens or - subiects, or else the citisens or subiects themselves being by the eares - together: As the Englishmen have often times vanquished and ouerrunne the - French being at variance among themselves: And the king of Fez easely tooke the - citie of Tefza, the citisens being almost all consumed - and spent with civill warre, And in the memorie of our fathers Philip the second duke of Bourgondie ioyned unto the - boundes of his dukedome Dinan and Boines, two cities - in the countrie of Liege (parted in sunder but with a riuer) after that they - had with long warres weakned themselves, which two cities for all that he could - not before by any force subdue; howbeit that in taking of them he did but - marrie the one of them unto the other, as - saith Philip Commines. So also whilest the kings of - Marocco were in armes together for the soueraigntie, the Gouernour of Thunes - 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 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, - who thereupon fell to agreement among themselves; not vnlike unto two dogges, - who readie to pull one an others throat out, seing a wolfe, fall both vpon him. - Wherfore such civill discord is most daungerous unto cities or estates, - especially if there be no societie or allyance - betwixt the State so troubled, and the neighbour Princes: for that the enemie - so at hand, may oppresse the state (the citisens or subiects so at variance - among themselves) before that any helpe can come. Whereat we are not to - matuell, for they to whom neither the huge height of steepe mountaines, neither - the vnmeasurable depth of the botomlesse sea, nor the most solitarie desarts, - nor the greatest and strongest fortifications, nor the innumerable multitude of - enemies can serue for the staying of their ambitious and auaritious couses and - desires; how should they content themselves with their owne, without - encroaching vppon their neighbours, whose frontiers touch theirs, and that fit - occasion presenteth it selfe for them so to do? which is there the more to be - feared where the Commonweale is but little: as is that of Rhaguse, of Geneua, and of Luque, which have but one - Towne, and the territorie vene strait; so that he which shall gaine the towne, - shall withall become master of the Estate also: which so chaunceth not in great - and spacious Commonweale, wherein many castles, cities, countries, and - prouinces are in mutuall helpe together combyned, so that one citie thereof - being taken, or a countrie or prouince thereof spoyled, yet followeth not the - ruine of the Estate, one of them still succoring an other, as many members in - one bodie, which at need helpe one an other.

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Yet for all that a Monarchie hath this aduantage proper unto it selfe, aboue - theA Monarchie not so easily changed or ouerthrowne, as - is an Aristocratie or Popular Commonweale. Aristocratique and Popular - estates, That in these commonly there is but one towne or citie wherein the Seigneurie lyeth, which is as an house - or place of retrait for them which have the mannaging of those estates to - retire unto; which once taken by the enemie, the estate is withall vndone: - whereas a Monarke chaungeth himselfe from place to place as occasion requireth: - neither doth the taking of him by the enemie bring with it the losse of the - Estate. As when the citie of Capua was taken, their estate was also ouerthrowne - by the Romans, neither was there so much as one towne or fortresse which made - resistance against them; for that the Senat and the people which had the - soueraigntie were all together taken prisoners. The citie of Sienna also being - taken by the duke of Florence, all the other townes and fortresses of that - Seigneurie at the same time yeelded themselves unto - him also. But the king taken prisoner, is most - commonly for his ransome set at libertie; wherewith if the enemie hold not him - selfe content, the Estates may proceed to a new election, or take the next of - 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 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: - For why, the realme and all the Estate stood yet whole without any chaunge - taking, or any alteration suffering. And albeit that Spayne, Italie, England, - all the Low Countries, the Pope, the Venetians, and all the Potentates - of Italie had combyned themselves against - the house of Fraunce, ouerthrowne our legions at Pauie, and caried away the - king with the flower of the nobilitie into Spayne; yet was there not any which - durst enter into Fraunce to conquer it, knowing the lawes and nature of that - Monarchie. For as a building grounded vpon deepe foundations, & built with - durable matter, well vnited and ioyned in every part, feareth neither winde nor - tempest, but easily resisteth all force and violence; euen so a Commonweale - grounded vpon good lawes, well vnited and ioyned in all the members thereofe, - asily suffereth not alteration: as also to the contrarie we see some states and - Commonweales so euill built and set together, as that they ow their fall and - ruine unto the first wind that bloweth, or tempest that ariseth. - -

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And yet is there no kingdome which shall not in continuance of time be - chaunged,The insensible change of estates best and most - tollerable. and at length also be ouerthrowne. But they are in better - case which least feele such their chaunges by little and little made, whether - it be from euill to good, or from good to better; as we have showed by the - example of the Venetian Commonweale: which at the beginning was a pure - Monarchie, which afterward was sweetly chaunged into a Popular estate, and now - by little and little is chaunged into an Aristocratie, and that in such quiet - sort, as that it was not well by any man perceiued that the estate was at all - chaunged. An other example we have also of the Germaine Empire, which - 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 under one soueraigne princes gouernment, vntill that - the line of Charlemaigne - - fayling, the Emperours begun to be created by - election; at which time it was right easie for the princes which had the choice - by little and little to clip the Eagles wings, and to prescribe lawes and - conditions unto the Emperour to rule by; and yet right happie was he which - could thereunto aspire vpon any condition whatsoeuer: whereby the state of the - Monarchie began by little and little to decay, and the state of an Aristocratie - to encrease in the Princes and Estates of the Empire, in such sort as that at - this present the Emperours have nothing more but as it were the bare name and - title of an Emperour, the soueraigntie resting in the Estates of the Empire it - selfe. So that had not eleuen most noble Princes of the house of Austria for - their worthy deeds right famous, as it were in a successiue right (one of them - whilest he himselfe yet liveth, still procuring - an other of the same house to be designed Emperour) in some sort maintained the - maiestie of the Germaine Empire, the Emperours for their estate had now long - ago beene like unto the Dukes of Venice, and happely inferiour too. The ke chaunge hapned unto the Polonians, the lyne of Iagellon failing: as also the Danes, after that Christierne their king was by them his subiects - imprisoned, and his brother to be chosen king in his place, sworne to such - conditions as the nobilitie would: and after that Frederike which now raigneth hath beene constrained to confirme the - same, (as I have before noted) whereby it manifestly appeareth, that the - Nobilitie there hold as it were the soueraigntie, and - that by little and little that kingdome will change into an Aristocratie if Frederike - should die without children.

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And albeit that the estates of Hungarie, Bohemia, Polonia, and Denmarke, have - alwayesKingdomes going by election and so indeede but - Aistocraties, long continued in one familie, - easily chaunge at length into Monarchies as by succession discending. - pretended the right of election of their kings, although they have children, - (which prerogatiue they stil maintaine) yet commonly the kings their parents - appointed their children unto the succession of their kingdomes, who so chosen - in their fathers places, better maintaine the rights of soueraigntie than do - straungers (who have the same oft times cut short, and so their soueraigne - power in them restrained) so that the kingdomes so descending, as it were in - succession from the great grandfathers unto their nephewes, the soueraigne - rights by little and little without violence returne again from the nobilitie - unto the kings themselves: which is both an easie chaunge, & most - wholsome for the Commonweale. For so Cazimir the Great, king of Polonia, worthily defended the - soueraigne rights by him receiued from his great grandfather: but hee dead - without issue, the Polonians indeed called Lewes king of - Hungarie (and Cazimir his nephew) unto the kingdome of - Polonia, but with the soueraigntie therein much diminished; he for the gaining - of the kingdome yeelding to whatsoeuer the estates desired. But Lewes dead also without heires male, Iagello duke of Lithuania marrying one of the daughters and heires of - Lewes, and so with her obtaining the kingdome of - Polonia, yet more impaired the soueraigne rights than they had before bene: the - princes of whose posteritie neuerthelesse as it were in successiue right, for - the space of aboue two hundred yeares, tooke - vpon them the gouernment of the kingdome, and notably maintained the rights of - their soueraigntie, vntill the death of Sigismundus - Augustus, last heire male of that house: unto whome by right of - election succeeded Henrie of Fraunce, Charles the ninth the French kings brother: but with oathes and - conditions bound unto the estates, so much derogating from the rights of a - soueraigne Monarch, as that indeed he might have seemed rather a prince than a - king. And to say yet more, I being sent to Mets, to assist them which were - thither sent with the duke, to receiue the ambassadours of Polonia, and to - parle with them, it was told me by Salomon Sboroschi one - of the ambassadours, That the estates of Polonia had yet cut much shorter the - power of the new elected king, had it not bene in the regard they had of the - honor of the house of Fraunce. Thus we see - Monarchies peaceably by little and little to change into Aristocraties, if so - it be that the Monarchie be not by auntient lawes and immutable customes, - maintained in the maiestie thereof. As we see in the creation of the pope, - where the Consistorie (or Colledge of Cardinals) derogat nothing from the - soueraigne maiestie that he hath in all the demaine of the church, and the fees - depending thereon: no more than do the order of the knights of Malta in any - thing diminish the power of the Grand maister, who hath the power of life and - death, and to dispose of the reuenewes, estates, and offices of the countrey, - yeelding fealtie and homage unto the king of Spaine for the isle of Malta, - which Charles the fift the emperour vpon this condition - gaue them. And albeit that the colledge of cardinals after the death of - pope Iulius the - second, determined in the conclaue, to moderat the popes power: yet shortly - after they flew from that they had before decreed, in such sort that Leo the tenth, then by them chosen, tooke vpon him more - power than had any pope of long time before him.

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But that chaunge is of others most daungerous to a Monarchie, when as the - 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 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 - great wealth, and no lesse favoured of the people, excluded from the kingdome Charles duke of - Loraine, who with his sonne Otho were the onely men left - of all the posteritie of Charlemaigne. Which is also to - bee feared of the great Othoman princes, who although they have their families - of the Machaloglies, of the Ebranes, and the Turacans, of the princes house - and blood, to succeed in the Turkish empire: yet for all that if the Othoman - familie should altogether perish, it is to be thought, that some one of the - Bassaes or other great men, in greatest favour with the Ianzaries, and the - other souldiours of the court will carrie away the estate and soueraigntie from - the other princes of the aforesaid families, being but weake, and far offThese noble families are nowe also al or most of them - extinguished and come to nought. from the Grand Signior, which might - so raise the greatest civill warres in the East, for the great opinion which - 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 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 - prince of the royall blood. But whereas before Cleomenes - they were woont to have two kings: one Lycurgus a man - gracious with the people, but otherwise - none of the blood royall, by corruption and briberie caused himselfe also by - the people to be chosen king, Chilon, a noble gentleman, - 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, 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. - -

- -
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- - - - CHAP. II. ¶ Whether there be any meane to know the - chaunges and ruines, which are to chaunce unto Commonweales. - -

- - SEeing that there is nothing in this world which - commeth to passe by chaunce or fortune, as all diuines and the wiser sort of - the Philosophers have with one common consent resolved: Wee will here in the - first place set downe this maxime for a ground or foundation, That the chaunges and ruines of Commonweals, are humane, or naturall, or - diuine; that is to say, That they come to passe eitheir by the onely - councell and iudgement of God, without any - other meine causes: or by ordinarie and naturall meanes of causes and effects, - by almightie God bound in such fit order and consequence, as that those things - which are first have coherence with the last; and those which are in the - middest with them both: and all with all combined and bound together with an - indissoluble knot and tying: which Plato according to - the opinion of Homer hath called the Golden Chaine, that - is to say, , or by the - will of man, which the diuines confesse to be free, at the least concerning - civill actions: howbeit that indeed it is no will at all, which in any sort - whatsoeuer is enforced and bound. Which will of man is - so mutable and vncertaine, as that it should be impossible to giue - - Mans will still mutable, and God his iudgments inscrutable, - affoord no meane for man by thē to foresee the changes and ruines of - Commonweales. thereby any iudgement, to know the changes and ruines - which are to fall vpon Commonweales. As for the councell of God, it is - inscrutable, but that he sometime by secret inspiration declareth his will, as - he hath done unto his Prophets, causing them many worlds of yeres before to see - the falles of many the greatest empires and Monarchies, which posteritie hath - by experience found to be true. But this diuine power of the almightie most - 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 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 - & lothsome tast, as that it yet is unto - all kind of fish pestilent & deadly: and as for the ground it selfe, before - of wonderful fertility, he so couered it with ashes and stinking sulpher, as - that he seemeth in that countrey to have left no place for wholsome plants, or - any kind of graine to grow in. So also he ouerwhelmed Bura and Helice, two - cities of Greece, with such a deluge of water, and that so suddenly, that euen - they also which were about to have fled out of the cities into the ships, being - by the wonderfull rising of the waters, vnable to come to the haven, were so - all drowed. By the like wrath of God a great earthquake in a moment swallowed - vp three and twentie cities in Italie, where afterward the Fennes called - Pontinae burst out. As in like manner twelue cities of Asia are reported to - have bene all at once vpon the sudden with an earthquake deuoured. - -

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Wherefore seeing that mans wil is still diuers and mutable, & God his - iudgements most secret and inscrutable: there remaineth onely to know, whether - that by naturall causes (which not altogether obscure, but by a certaine - constant order of causes and effects gouerned, kept their course) a man may - iudge of the issue and successe of Commonweales.By what - naturall causes the chnges and ruines of - Commonweales are to be foresee - - 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 - state or Commonweale must needs in short time perish and come to naught? For of - all causes none is more certaine, none more - weightie, and in brife none neerer unto the change or - ruine of a citie or Commonweale, than these. But the causes which we here seeke - after, are the celestial and more remote causes▪ yet proceeding from a certaine - naturall course and force: howbeit that it be good also to behold and foresee - all maner of causes what soeuer. For as a painter doth one way consider of a - mans bodie, and the Physitian another: and the naturall Philosopher one way - considereth of the mind of man, & the diuine another: so also the - Politiitan doth one way, the Astrologer another, and the diuine a third way, - iudge of the change & ruine of Commonweals. The Polititian in the ruine of - a citie or Commonweale, blameth the iniuries and wrongs done by the prince - unto his subsects, the corruptnesse of the - magistrats, with the iniquitie of the laws: The Astrologer considereth and - beholdeth the force and power of the heauenly starres and planets, and thereof - thinketh diuers motions to arise in mens minds, for the change and innouation - of estates and Commonweales: But the Diuine constantly affirmeth all plagues, - wars, dearth, destructions of cities and nations, to proceed from the - contempt - - Psl 10. Leuit. 27. Iob. 12. * of God and of his religion, and God - therefore to be angrie, and to stupifie the wisedome euen of the most wisest - magistrats, and to arme euen his starres against princes. And euerie one of - these have their causes, by the helpe and concourse whereof wise men may guesse - the change or ruine of a citie or Commonweale. In which point we see many to erre and be deceiued, which thinke, that to looke - into the starres, and to - - Astrologicall pre dictions, not to derogat from the maiestie - and power of God. search after their secret influencies and vertues, - is in some sort to diminish the maiestie and power of almightie God: whereas to - the contrarie it is thereby made much more glorious and beautifull, to do so - great things by his creatures, as if he did then immediatly by his owne mightie - hand, without any other meane at all.

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Now what man is there of sound iudgement, which feeleth not the wonderfullNothing done by the necessitie of nature, it selfe be ing still - subiect to the power of God: force and effect of the celestiall - bodies in nature in generall? Which yet for all that no necessitie of nature - worketh, for that it may by almighty God be stil kept back and restrained, - being himselfe free from the lawes of nature, which hee himselfe hath - commaunded; not as by a decree of a Senat, or of a people, but euen of - himselfe: who being of all others the greatest, can do nothing but that which - is right and iust, for that he is himselfe the - best, and hath a - - Esay. 19. perpetuall care of all people and - nations, but yet therof himselfe secure, for that he is himselfe the greatest. - But as all things which had beginning have also a loose and fraile dissoluable - nature (as by most certaine and vndoubtfull demonstration is to be proued) it - must thereof needs follow also, not onelyAll worldly things - still subiect to mutabilitie and change. cities and Commonweals, but - 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, - 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 - euerlasting, if it erred not from the lawes and orders by him set downe; yet - for all that he said, That it should in time perish: as he which most - manifestly saw the vanitie of all things, which as they had a beginning, so - were they also to take ending; nothing being still firme and stable, besides - him which was the father of all things. Which being so, there be no so notable - orders, no so religious lawes, no such wisedome or valour of man, which can - still presetue estates or Commonweales from ruine and most certaine - destruction. By which reasons, Secundus (a Philosopher - of the Stoike sect) greatly comforted Pompey, - discouraged and almost desperat after the Pharsalian ouerthrow. Neither yet - therefore do they which thinke the course of naturall causes to concerne the - changes and ruines of cities and Commonweals, thereby bind the free will of - man, and much lesse almightie God himselfe - unto a fatall necessitie: no not if we should deeme all things to be done by a - continuat and interlaced course of forerunning naturall causes; seeing that - euen nature it selfe is by the power of God kept in & restrained. Wherfore - we oftentimes see both plants, and other liuing creatures, which by nature have - a certaine period of their lives, by some externall force to hasten or preuent - the tearmes by nature prefined, and so sooner to die than by nature they - should. And as for mankind, we have it oftentimes in holy writ recorded, That - they which lead an vpright & vertuous life, shall live long: whereas the - wicked should shorten their dayes, and bring themselves unto a most speedie - confusion and end. Whereby it appeareth certaine prefixed bounds of euerie mans - life, to be by God appoined, which by sinne may bee cut shorter, and by vertue extended farther. So kingdomes - 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 - 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.

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Now many there be, which have thought the conuersions and chaunges of estates - and Commonwealas, to depend of the force, power and - motion of the superiour celestiall bodies: - which to discouer, were a matter of infinit difficultie, which yet for all that - should not be so great, if Commonweales should as men and other things take - their beginning. And albeit that the state and ruine of Commonweales should - wholly next unto God depend of those eternall lights, and of their mutuall - coniunctions and oppositions, yet could thereof no certaine doctrine be - delivered or gathered, for theThe notable tors of the Astrologers great varietie and - inconstancy of them which have observed the force and course of the celestiall - stars & orbes; insomuch, that some one hath written the same star in the - selfe same moment to have beene in his direct motion, and another hath likewise - written the same to be retrograde, which yet for all that, was to bee seene in - the heauens stationarie and immoueable. So that they are by their owne - rashnesse to be refelled, which vaunt - themselves to be able without error, to foretell the force and power of the - starres, vpon cities and Commonweales; as also what effects they shall for many - yeares to come produce, when as in the very motion of the moone, which of all - the other planets hath in it least difficulty there is not one of them which - well agreeth with one another. So Cyprian Leouicius, - following the table of Alphonsus, (the euident error of - whom Copernicus hath declared) hath made so apparant - faults, as that the great coniunctions of the superior planets were seene one - or two moneths after his calculation. And albeit that Gerardus Mercator have endeuoured by certaine eclipses of the sun - & of the moone, by antient writers set downe, more curiously than any - other, to iudge of the course and order of - the whole time from the beginning of the world; yet so it is, that all his - obseruations threaten a fall, as grounded vpon a false supposition: which can - in no wise be true, For he supposeth that in the creation of the world, the - sunne was in the signe Leo, without any probable reason, following the opinion - of Iulius Maternus, contrary to the opinion of the - Arabians, and of all other the Astrologers, who write, that the sunne was then - in the signe Aries▪ being yet both therein deceiued▪ these, six signes; and Mercator too. For why it is manifestly to bee proued, not - onely by the most antient orders and customes of all people, but by the most - diuine testimonies of holy scripture also, The sunne in the creation of the - world, to have beneThe sunne in the creation of the world to - have bene in the sign Libra. Exod. 23. ver. 16 Exod. 11. ver. - - - - in the signe Libra: wherby the Feast of the gathering of the fruits is - commanded to be kept the last day of the yere, - that is to say, the two and twentith day of the seuenth moneth; which Moses hath expresly written to have bene the first, - before the departure of the people out of Aegypt. Which to the intent it might - be the lesse doubted of, wee reade to be oftentimes by him repeated: for when - he had cōmanded the feast day Abib, that is to say, The feast of weeks, which - the Greeks call : he - ioyneth herunto these words, , that is to say, And the feast of the - gathering of fruits in the end of the yere. But the last moment of the yeare - past, is the beginning of the yere following; as Orus - Apollo writeth, the Aegyptians to have declared the reuolution of the - yeare, by a dragon turned about into a circle. But Iosephus, the best interpreter of antiquity, declareth the moneth - Abib, which of th Chaldaies is called Niscan, and of vs before, March, but now Aprill, to have beene in order the - first for the deliverance of the people out of the bondage of Aegypt: but yet - the moneth which of the Chaldeis is called Ethanim, of the Hebrewes Tisri, - which was our October, but afterward fell into our September, to have bene by - nature the first. All which, not onely Iosephus, but - almost all the Hebrew Rabines also, namely Eleazar, Abraham, - Ezra, Ionathas the Chaldean interpreter, with almost all the rest, - constantly affirme. Which for that it hath great force for the discerning of - the ruines of Commonweales, is of vsThe world to have taken - beginning in Autumne. more manifestly to be explaned. The antient - schoole of the Hebrewes, begin the reading of Moises his - bookes, the Genesis, in Autumne: and Samuel, the most - antient Rabine of the Hebrewes, appointeth the first - Tecupa, or yearely conuersion of the yeare, in - the Autumne equinoctiall: whereby it is manifest, the doctrine and customes of - that most antient nation, to concurre and agree with the law of God. The same - was the doctrine of the old Aegyptians and Chaldies also, concerning the - 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 - 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 - yere of the Grecians, tooke beginning from the summer Solstitium, yet - neuerthelesse the people of Asia beganne their - Olimpiades and the beginning of the yere from Autumne. The Romans also from the - remembrance of most auntient aniquitie, began the yeare fromThe auntient Ro maines to have begun the yeare in September. the - Ides of September, Lex vetusta est (saith Liuie) & priscis scripta literis, vt qui Praetor maximus - sit, Idibus Septembris cluum pangat, It is an - old law (saith he) and written in old auntient letters, that he which was the - great Prouost, should euer the Ides of September driue or fasten a naile. This - naile Festus calleth annalem, or - an annuall naile, Qui quotannis figebatur in dextra parte - capitolij vt per eos clauos numerus colligeretur annorum▪ Which was - euerie yeare fastned in the right side of the Capitoll, that so by those nayles - the number of the yeares might be gathered. Augustus - appointed also the Olympic games in the moneth of September. And albeit that - the Astrologers (as other people also for the - most part) follow a new manner of account of the yeare, set downe by Moyses, and begin their account of the spring diuision, - yet neuerthelesse they begin their tables of the celestiall motions receiued - from the Aegyptians and Chaldeies from the Autumne diuision. VVhich - antiquities, with the authoritie of so many and so worthy men, although they - make the matter manifest enough and out of all doubt▪ yet euen nature it selfe - leadeth vs thither also, as that wee must needs confesse the beginning of the - world to have bene in Autumne. For if we grant, as we must needs, man as all - other liuing creatures also, to have bene by almightie God created in such - state and perfection as that they should need no nurses; so also is it to be - thought him to have prouided for all liuing creatures, and especially for - mankind, ripe fruits for him to feed vpon, and - most beautifull to behold, planted in most faire gardens, as is in the sacred - booke of Genesis to be seene: which can in no wise be done, but that the world - must be created in the beginning of Autumne. For why, Adam was created about Iordan, whereas corne in the spring time yet - shooteth not on eare; and the moneth Abib is so called, for that the corne in - the spring time in those places runneth but vp in spindle, and the trees but - scarcely bud: neither is the law of nature, or the season of the spring, or of - Autumne, from the beginning of the world chaunged. Wherefore Plutarch in his Symposiaques, when he pleasantly questioneth, Whether - egges or birds were first? resolueth birds to have bene first created: and so - whatsoeuer things els are contained in the whole world, to have bene in all - parts created perfect For otherwise if God - should have created man a crying child, or calues for oxen, or egges for birds, - he must also have created nurses to have suckled them, and birds to have - hatched them: which if it be absurd and foolish to say, so must also of - necessitie those things bee absurd, whereof these things follow, viz. the world to have bene created in the beginning of - the spring, and young shoots to have bene made for fruitfull trees, and so - likewise other things to have bene created young, and not in their perfection. - Whereby it is euident them greatly to erre & be deceiued, which accounting - & taking the beginning of the world from the spring, and the beginning of - the day from noone, doe with their vaine coniectures - go about to blot out and extinguish the authoritie of the sacred scriptures, as also the most auntient records of the - Indians, the Chaldes, the Aegyptians, and Latines, and all forsooth because - cold weather still followeth after Autumne: they fearing (as I suppose) least - Adam being a naked child, should have taken cold. - Seeing therefore the Astrologers, euen as these men also to have laid false - principles and grounds, of the celestiall motions, and much to differ amongst - themselves, concerningAstrological predictions - vncerten. the course of the starres and planets, they can therefore - (I say) set downe nothing certaine, concerning mans affaires, or the ruines of - cities and Commonweals.

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But yet it hath lesse probalitie by the foundation of townes and cities, to - iudge ofThe rising or falling of commonweales not to be - iudged or deemed of by the foundation of the townes or cities - therein. the rising or falling of Commonweales: as many do also of - houses before they lay the foundations of them, to foresee and let that they - should not be burnt or rased, or sicke of the - falling sicknesse: which to doe is a meere folly, differing little from - extreame madnesse, as though natures most constant order should depend of mans - lightnesse, and the force of the celestiall Spheres, of the will and pleasure - of a base carpenter or mason. Indeed by the law it is prouided, That the value - of houses burnt should bee deemed by their age and continuance, for so it is - read in the old Hetruscian copie: although that D. Cuias - a most diligent interpretor of auntient readings, be of their opinion, which - for aetatibus, thinke it ought to be read quantitatibus (as who should say by their quantities, - rather than by their age) whereunto the lawyer neuer had respect. For his - meaning was, That houses according to the stuffe and matter they were built of, - were to be esteemed of longer or shorter continuance: as if an house were built - of clay or morter, it was esteemed to be able - to last some fourescore yeares: in such sort as that if it had cost an hundred - crownes at first to build, being burnt fortie yeares after, there should halfe - the price thereof be abated in the estimation thereof: For as for houses built - with bricke (they as Plinie saith) if they be built - vpright are euerlasting. And so Victruuius, and all - other builders were woont to esteeme of the losse sustained, by the age and - continuance of the houses burnt. For to esteeme of them by the elle, or by the - greatnesse, so a barne built of clay or straw should be esteemed more worth - than smaller buildings built of marble or of porphiree, as the temple of - Porphiree at Sienna, one of the least, but most costly buildings of Europe. But - the deciding of such questions we must referre to Victruuius, and other builders. And as for that some thinke we are - by the foundations of cities and other - buildings, to iudge what shall be the state or successe of a kingdome or - monarchie should lesse need the refutation: but that M, - Varro (whome Tullie writeth to have in learning - excelled all other Greeks and Latins) commaunded Tarentius - Firmianus to declare unto him the Horoscope of the citie of Rome: for - so Plutarch and Antimachus Lyrius - report. Whereupon he by the progresse of that Commonweale gathering the causes - thereof; and by things ensuing after, gessing at things forepast, & so by - retogradation iudging the causes by the effects, - by most light and vaine coniectures affirmeth the foundation of the citie to - have bene laid in the third yeare of the sixt Olympiade, the one and twentieth - day of Aprill, a little before three of the - clocke in the afternoone, Saturne, Mars, and Venus, being as then in Scorpio, Iupiter in Pisces, the sunne in Taurus, the moone in Libra, Gemini - holding the heart, or middle of the heauens, and Virgo rising. But seeing that - the chiefe points of this figute belonging unto Mercurie, and that this whole celestial Scheame betokeneth men of - 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 having therein placed the - celestiall orbes in a situation quite contrarie unto nature, - - viz. Venus opposit unto the Sunne: which yet can neuer - be aboue eight and fortie degrees - - Taruntius Firmianus deceiued in his horoscope or figure of - the foundation of Rome. at the most distant from the Sunne: which yet - were a thing excusable and worthy to be pardoned, if it had bene by him done by - forgetfulnesse: as it happened to Augerius Ferrerius an - excellent Mathematician, who in his booke of Astronomicall iudgements, hath set - Venus and Mercurie, one of - them opposit unto another, and both of them opposit unto the Sunne: a thing by - nature impossible, and hee himselfe acknowledging that Mercurie can neuer be six and thirtie degrees from the Sunne. Yet true - it is, that Iohn Picus earle of Mirandula, grounding - 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 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 - writeth Antimachus Lyrius to have left recorded, the - Sunne to have bene then ecclipsed, which yet he saith to have bene the diametre - of the circle distant from the Moone. And yet there is another greater - absurditie in that theame of Taruntius, in that hee - placeth the sunne in Taurus the xxj day of Aprill, which then entred not - thereinto vntill the thirtith of April. Howbeit also that Lucas Gauricus, who collected the celestiall theames of many most - famous cities, differeth altogether from this theame of Rome, by Taruntius before set downe: for he placeth Libra in the - East, as doth also Manlius. But of all absurd things none is more absurd, than by the ouerthrow of - cities to measure the destruction of the estate or Commonweale, whereas before - we have declared, that a city oftentimes may be ouerthrowne and laid euen flat - with the ground, and yet the state and Commonweal therof remaine, as we have - before shewed of the citie of Carthage: as oftentimes to the contrarie the - estate and Commonweale may perish, the walls and other buildings yet standing - all whole.

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Wherefore then I rest not vpon such opinions, and much lesse vpon that which - Cardan saith, who to seeme more subtilly than others - to handle these hidden and obscure matters, & to raise an admiration of - himselfe with men vnskilfull of these things, maintaineth the beginnings and - encreasings of the greatest cities and Empires to have come from that Starre which is the last in the taile of Vrsa - Maior, which he saith to have bene verticall unto the great citie of Rome at - the foundation thereof, and from thence euen by the helpe and working of the - same Starre translateth the Roman Empire to Constantinople, and so afterwards - into Fraunce, and so from thence into Germanie: which although they be so set - downe but by a most brainsicke man, yet doCardan his error - detected and his opinion reiected. men ignorant of the celestiall - motions wonderfully admire the same, and are therfore by vs to be refuted. For - perceiuing that last starre of Vrsa Maior to be daily unto manie people - verticall, though perpendicular unto them onely which are subiect unto the - circle which that starre describeth, Cardican saith it - should be verticall at such time as the Sun toucheth the Meridian circle: in - which state he supposeth it to have beene, at - such time as Romulus the founder of the citie laied the - foundation thereof: which could not by nature so be, viz. that the last starre of Vrsa maior in the same howre, that is to - say at noonetide, should together with the Sun touch the verticall circle: For - that starre being now in the xxj degree of Virgo, by proportion of the motion - of the fixed statres, by reason of the motion of the eight Sphere, it must - needs have beene in the xix degree of Leo at such time as the foundation of the - citie of Rome was laied, and the Sun in the xix. degree of Aries, as the - foregoings of the Sun declare. So that that starre was the third part of the - circle, or foure signes and twentie degrees distant - from the verticall, when as it ought to have beene in the same signe, and in - the same degree of the signe wherein the Sunne - was, if Cardan his doctrine were true: who yet when he - knew the same starre to have beene verticall unto many great cities at the time - of their foundation, since the beginning of the world, the Sun also then being - in the Meridian; he to meet with that obiection, said the Monarchie to be due - but to one of them. But why that to the Romans from whose verticall it is - distant twelue degrees, rather then to the Scottish fishermen which dwell neere - unto the Orcades? or unto them of Norway, and other the Northren people? unto - whom the same starre is not onely verticall, the sun touching the Meridian in - September, but is also directly perpendicular? Yet is it also more straunge, to - say the same starre to have giuen the Empire to Constantinople, considering - that that citie was built nine hundred yeares - before that the Empire was thither translated. Ioining hereunto also that the - horoscope of the citie of Constantinople found in the Popes librarie in the - Vatican written in Greeke letters, calculated by Porphyrie (as some affirme) and copied out by Lucas - Gauricus the Bishop, declareth the Sunne then to have beene in the xvij - degree of Taurus, the Moone in the v of Leo, Saturne in the xx of Cancer, - Iupiter and Venus coniunct in the same signe, Mars in the twelft, Mercurie in - the first of Gemini, Aquarius holding the verticall of heauen, and the xxiij of - Gemini in the Leuant; which he setteth downe to have beene in May vpon a - Munday, two howres after the sunne rising. An other celestiall Theame of the - same Citie is also taken out of the Vatican, - calculated by Valens of Antioch, later than the former - by fortie minutes. But yet that is verie absurd which Gauricus the good Bishop to come to his acconut supposeth the citie of - Constantinople to have beene built in the yeare of our Lord 638, three hundred - yeares after the death of Porphyrie: which yet it is - manifest to have flourished aboue 500. yeares before Christ: which he thinketh - also to have beene afterwards taken by the Turks armie in the yeare of Christ - 1430. when as in truth it was by them woon and sackt in the yeare of our Lord - 1453, the xxix day of May, being 1800 yeare before taken by the French men: - wherein they raigned vntill the time of Clyarus king of - Thracia, as Polybius (tutor unto Scipio Affricanus) writeth; at which time it was called Bizance. And - againe afterwards also was taken by Pausanias king of - Lacedemonia in the Median warre. And yet more, - afterwards also was besieged by Alcibiades generall of - the Athenians. And long time after, three yeares together againe besieged by - Seuerus the Emperour, who after he had sacked it, - razed it also downe to the ground, and carrying away the rest of the citisens - into captiuitie, gaue the ground whereon it stood unto the Perinthians about - the yeare of our Lord two hundred: which yet not long after was againe - reedified, and by Constantine the great wonderfully - enriched after that he had thither translated the seat of his Empire. And yet - 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 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 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 - suppose he would neuer have written things so absurd, and so disagreeing with - themselves. But great maruell it is that this Cardans - starre hath had such power as to graunt the Empires of the world to Italie, - Greece, Fraunce, and Germanie, when as it was to them but verticall, and yet - hath had no power at all vpon the realmes of Norway - and Sweden, where it is not onely verticall, - the Sunne being at the Meridian in the moneth of August, but is also - perpendicular: and yet neuerthelesse distant from Rome and Constantinople in - latitude twelue degrees at the least. Besides that, why should he giue unto - this Starre (which some foolish Astrologers take to be Saturnia) more power - than to others, both for their greatnesse & nature more notable? why doth - he exclude from the gouernment of the world Regulus the greatest of all the - sixe starres? whie Medusa, Spica, the great Dog, the Vultur, all most faire and - beautifull starres? whie in briefe a thousand and threescore others, (for so - many there are accounted beside the wandering starres) unto whom the Hebrew - Mathematicians had added thirtie six mo also? Sufficeth it for this time to - have reiected these errours so grosse, as the day it selfe is cleere. - -

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But for asmuch as it were a thing infinite to refell all mens errours in this - kind ofThe errour of Peter Cardinall - of Arliac. matter, I will onely touch theirs, who have thought - themselves wiser than the rest, and have beene had in reputation as best seene - in the iudgement of the heauens for the chaunges of Commonweales: such as was - Peter of Arliac Chauncelour of Paris, and afterwards - Cardinall in the yeare 1416: For he writeth the beginnings, channges, and - ruines of religions and Commonweales, to depend of the motion and coniunction - 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 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 - scarce any of them set in such place and time as they ought to be. Leupold, Alcabice, and Ptolomee - were also of the same opinion, viz. the remouings of - people, warres, plagues, deluges, plentie, dearth, the chaunges of Estates and - Commonweales, to depend of the motion and coniuction of the Planets, and - especially of the superiour planets Saturne I say and Iupiter, and so much the - more if Mars be also in coniunction with them both. And so indeed as oft as - they are in coniunction together, such things thereof ensue as often times draw - euen the wiser sort into admitation: howbeit that no necessitie be imposed vpon - man kind by the influence of the heauens. But - howsoeuer that be, it is manifest the Cardinall of Arliac to have beene most - grieuously deceiued, who reckning vp those great coniunctions from the - beginning, supposeth it by his account to have beene seauen thousand yeares - 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 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 - gathered this present yeare, which is from - the birth of our Sauiour Christ 1583, (wherin Bodin writ - these things in Latin) to have beene 5531, or at most 5555 since the creation - of the world. Wherefore Arliac is deceiued, who put the - coniunction of the superiour Planets seauen thousand yeres ago, in the 320 - yeare after the creation of the world: which after that computation must have - happened twelue hundred yeares before that the world was made. The same man - doth suppose also that at the creation of the world, the Horoscope whereof he - discribeth, the first degree of Cancer to have beene then rising, the Sunne - then to have beene in Aries, (which to be false we have by necessarie arguments before proued) the Moone and Venus in Taurus, - Saturne in Aquatius, Iupiter in Pisces, Mars - in Scorpio, Mercurie in Gemini: which is all false and quite contrarie unto the - 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, 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 - of the Cardinal of Arliac and his foundation being false, the rest that is - thereon built cannot stand. But this he had propounded unto himselfe, It to - be a thing contrarie unto the maiestie of - the Planets, if in the creation of the world he should place them other where - than every one of them in their owne throne and chariot: which deuises of the - vnskilfull, are more light and farther from the antiquirie of the Chaldeis, - than that they deserue to be refelled.

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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 - behold, unto the verie first beginning, iudge of the reuolution of the time - past, as also of the chaunge and state of Commonweales; if yet by this meanes - any such iudgement, free from impietie and - rashnesse may be made. Neither is it to be hoped (except happelie in an - innumerable sort of worlds) that the three superiour Planets shall meet - together in the first point of Aries, whereof our wisards rashly diuine a - generall destruction of Commonweales, as also of the whole world then to ensue - by fyre from heauen. Howbeit that in the yeare of our Lord Christ 1909, there - shall be a meeting together of the three superiour Planets in the ninth degree - of Aries: which yet for all that is no true coniunction, as not made by the - centers, but by the Orbes and Spheres of the Planets. And in the yeare 1584, - Saturne and Mars shall be in coniunction in the first point and 46 minutes of - Aries, and Iupiter in the same signe, but distant from them twelue degrees, - with the Sunne and Mercurie: which coniunction - shall scarce chaunce againe in the reuolution of eight hundred yeares. And - inHow a man may without offence presage the chaunges of - Cities and Commonweales. this sort it is lawfull for a man looking - into the yearely course of time, by writing to commend unto posteritie the - chaunges of cities and Commonweales, and so by things precedent and alreadie - forepassed to iudge also of things to come: yet sauing alwaies the maiestie of - almightie God, who is himselfe bound unto no lawes of nature, neither hath - thereunto bound any of his seruants. Wherein many greatly offend, who thinke - the power and influence of the celestiall Spheres to be nothing, when as yet - for all that their strength and power hath alwaies beene most great and - effectuall, not onely vpon these elements which we here see, and so vpon all - other sorts of liuing creatures, but euen vpon - them also which live like beasts, as * in sacred writ is to be - - Ioh. 39. and 40. seene, - and yet of the good nothing at all to be feared. So many stood in great doubt - in the yeare 1524, wherein the three superiour Planets, Saturne, Iupiter, and - Mars were in coniunction in the tenth degree of Pisces, the rest of the Planets - together with the Dragons head being in Aquarius & Pisces, both of them - waterie Signes. Which selfe same yeare in the moneth of Februarie were twentie - other coniunctions of theVaine feares often times conceiued, - vpon Astrologers vaine predictions. Planets also among themselves, - besides the sixe starres; which of all other things, was a thing most worthie - the admiration. So that hereupon the Astrologers all the world ouer agreeing - together for the destruction of the world, with a great feare terrifyed the minds of many weake men; in that they so constantly - all with one consent affirmed, the world to be - now againe ouerwhelmed with an vniuersall deluge and inundation of waters; in - somuch that many miscreants caused shippes to be made for them to saue - themselves in from such the rage of the waters, and especially Auriolus President of Tholose a most cunning lawier, but - a man either ignorant, or a contemne of the lawes of - God, howbeit that he heard the promises of God still preached unto him, and the - oath by him made unto - - Genes. 7. - - Noah that he would no more destroy the world by water. - And true it is that in that yeare were flouds and inundations of waters in - diuers countries, but yet no such generall deluge as was foretold and feared, - neither any cities or countries at all knowne to be drowned. Wherefore to - affirme any thing of the chaunges and ruines of Commonweales, it sufficeth not - to behold onely those great coniunctions of - the three superiour Planets, but also diligently to obserue and note the meane - coniunctions, which are every two hundred and fortie, and every twentie yeare: - as also the eclipse of the Sunne, and of the Moone, with the oppositions and - coniunctions of the inferiour Planets amongst themselves, and with superiour - planets, and in briefe their mutuall traiections, as also the force and power - of the fixe starres, and their respect towards others. True it is that many of - the auntient writers have noted either dearth, or popular diseases, great - mortalitie of liuing creatures, or the remouing of people, inundations of - waters, or the destruction of cities, or chaunges of kingdomes to have followed - such coniunction of the superiour planets; yet not in every place generally, - 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 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 - Chaldean Astrologers. fained, who vaunted themselves to have spent - 470 thousand yeares in the practise of natiuities, the better to perswade men - of the certaintie of their knowledge, and to make it thereby the more saleable. - Which the Chaldean bables spred abroad farre and wide unto all people, but unto - none more foolishly then to the Indian Chinois, who say 783 thousand and seauen - hundred sixtie two yeares, to be the last yeare past since the creation of the world. Others there be which in - that matter lie not so loudly and yet impudently enough. For Linus the most auntient writer of the Greekes, Orpheus and Heraclitus, shut vp the period of - the greatest yeare within the reuolution of 360 thousand yeares, whereof they - 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) 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 - thirtie thousand yeares old to be found - amongst the Aegiptians: but when he came to wey the trueth of the matter in - equall ballance, he found all their antiquitie to consist but of three thousand - seauen hundred yeares: the computation of which time from the beginning of the - world, agreeth altogether with Philo, or within little - lesse then two hundred yeres. And truely Callisthenes - perswaded by the speech of Aristotle his master, when as - others at the sacking of Babylon greedely sought after the Persian wealth, he - diligently searched out and gathered together the bookes and antiquities of the - Chaldies, and there noted all the historie of the Chaldies to have bene - comprehended in 1903 yeares: which time well agreeth - with the sacred historie, if we account the time from Nimrod, who first obtained the - soueraigntie of the Chaldies: which historie is to be thought so much the - truer, for that it is so reported by Simplicius a - mortall enemie of the Christians, as wee have elswhere declared. And therefore - Ptolomey, who farthest repeating from vttermost - remembrance the antiquities of the Chaldies (of them I say, which had noted the - stedie courses of the celestiall Spheres) bringeth the beginnings of the - celestiall motions no farther than from Nabonassar, and - from those eclipses of the moone which happened in the time of his raigne, that - is, the yeare of the world 3750: But Ptolomey flourished - 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 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 - yeares the same day of the moneth, about midnight, whose errours could scarcely - 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 - 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? - -

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Wherefore they do foolishly which attribute the Quadripartite booke to Ptolomey, - - The triplicities of the caelestiall signes not to be - determinatly assigned unto certaine regions and countries, as the - Astrologers appoynt. wherein the fiery Triplicitie is giuen to - Europe, and those countries which lye betwixt the West and the North; the ayrie - triplicitie unto Asia, and those places which are seated betwixt the North and - the East; the watrie triplicitie unto Affrike, and the earthly triplicitie unto - the other places. Neither have those things followed the coniunctions of the - superiour planets, which should have followed had their rules beene true. Now - if any man thinke (as many there be which think right foolishly) the places of - the signes being chaunged, the force and nature of the celestiall Spheres to be - chaunged also; he must surely vtterly subuert all the knowledge of the force - and power of the stars by them before set downe and delivered: seeing that the - 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 under king Nabonassar unto this our time, - to have ouergone almost a whole signe, , or which is all one, the Equinoctials in - the same space, to have preuented the staies of the wandering starres, , and yet neuerthelesse - the force and power of the celestiall houses approued in mens natiuities, is - still the selfe same that it is reported to have before bene: which thing to be - so, Cardan himselfe confesseth: whom yet for all that it - ashamed him not to write the Britons, Spaniards, & Normans, in auntient - time gentle and modest nations, to be now (the regions of the starres being - changed) become slie, craftie, and deceitfull theeves; for that they were in antient time gouerned by Sagitary, but now by Scorpio▪ unto whom the same may be - aunswered which Cassius did unto a certain Chaldean - Astrologer, who forbad him to fight with the Parthians before the moone was out - of Scorpio: unto whomThe ieast of Cassius unto a Caldean - Astrologer. - - Cassius pleasantly aunswered, Non - Scorpiones metuo, sed Sagittarios, I feare not (said he) Scorpions, but - Sagittaries; meaning the Parthian archers, by whom the Roman legions wherwith - Crassus in Chaldea discomfited and ouerthrowne. And - truely if Cardans opinion were true, the nature of all - things must needs so be subuerted, which yet is still the same which euer it - was: For the people toward the North are now taller and stronger, and more - warlike than the rest of the people of the world; and such Vitruuius, - - - - Plinie, Caesar, Strabo, and Plutarch, have writ them to have beene sixteene hundred yeare agoe: and therefore them to be pleasant, - drunkards, grosse witted, hoarce, gray eyed, yellow haired: but Southerne - people to bee sad, small of stature, leane, weake, smooth, blacke eyed, curled - haire, and cleere of voice. And yet it is manifest, the coniunctionsThe coniunctions of the superior Planets to have oftentimes - wrought great effects for the alteration and changing of - Commonweales. of the superiour planets in the same celestiall house, - viz. in Scorpio to have showed their force (if it - were any) in Asia, and Europe, and not in Affrike, which they say to be - gouerned by the signe of Scorpio. For before the chaunge of the Roman empire - 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 - 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, - ceremonies, and lawes of the Christians, when as yet Asia is in situation - contrarie unto Europe. The same coniunction happened in the yeare of our Lord - 164, after which ensued diuers motions of the - people, almost in all parts of the world. For Ladamachus - king of the Tartars was by his subiects thrust out of his kingdome: Henrie the sixt, king of England was by his subiects also - taken and in prison slain, Edward the iiij of a subiect - made king: Frederike the third driuen out of Hungary by - Matthias Coruinus, who of a prisoner was chosen a - king: Lewes the eleuenth the French king, by his - nobilitie and vassals besieged in his principall citie, and brought in daunger - to have lost his estate. At which time also Alexander - (commonly called - - Scanderbeg) the king of Albania his soone, brought vp in - the Turkes court, reuolted from the Turke, and tooke vp armes against him. Yet - is it worth the noting, that the great coniunctions of superiour planets, show - their effects more in Scorpio, a martial signe, than in any other the rest of - the signes, and so much the more if Mars be there - als, or else some one of the other planets be also - in coniunction or opposition with them. With like coniunction the same planets - met together also in Sagittarie, in the yeare of our Lord Christ 74: at which - time all the land of Palestine was sacked, the citie of Hierusalem burnt and - rased, and eleuen hundred thousand dead in the warres: at which selfe same time - were seene in Europe great civill warres, and foure emperours slaine the same - yeare. Two hundred and fortie yeres after, another coniunction of the - 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 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, - the Gothes, the Ostrogothes, the Francons, the Gepiges, the Heruli, the Hunnes, - & other Northerne people going out like swarmes of bees, ouerranne and - ransacked the prouinces of the Roman empire, and most cruelly sacked the verie - citie it selfe, sometime the seat of the empire. And againe in the yeare 1524, - when as the coniunction of the same superiour - planets, (yea twentie other coniunctions) had happened in Pisces, most great - motions of the people ensued thereafter in many places in Europe: the people in - armes against the nobilitie set all Germany on a broyle: in which warre an - hundred thousand men are reported to have bene slaine: the Rhodes by the Turkes - was taken from the Christians: Frederike, his brother - Christierne being driuen out of his kingdome, - possessed the kingdome of Denmarke: Gostauus of a priuat - man became king of Sweden: Francis the French king - ouerthrowne at Pauia was taken prisoner by the Spaniards. Besides that, it is - to be seene, that after the great coniunction of the same superiour planets in Leo, in the yeare 796 king Charlemaigne ouerthrew the estates of the Lombards, tooke their king, and conquered Italie. At - which very selfe same time the Polonians made choyce of their first king: with - diuers other notable and remarkable chaunges. So also fortie yeares after, the - same coniunction happened in the signe of Sagittarie, when as the Moores sacked - 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 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 - moe notable changes seene, if the great coniunction which hapned the yeare - following in Scorpio, had happened the same yeare. And yet neuerthelesse as it - was, all Germanie was vp in armes; which warres continued seuen yeares after. - In briefe, if any foreknowledge be to be had from celestiall things, for the - chaunges of Commonweales, we must consider the coniunctions of superior - planets, since 570 yeres, with the coniunctions, eclipses, and aspects of - inferiour planets, and of the fix starres at the time of the great - coniunctions, and to compare them with the truth of histories, and of times - with coniunctions before past; and not wholly to rest vpon opinion of them, - which have determinatly assigned the Triplicities unto regions, which I have by - euident examples before shewed not to be of any good assurance, but rather to - stay vpon the nature of the signes and of the - planets. And yet for all that to referre the causes and effects of them unto - the great God of nature, and not to tie them unto his creatures. As didThe errour of Leouicius. - - - - Ciprianus Leouitius, who of a coniunction of almost all - the planets, than to come together with an eclips of the sunne in the yeare - 1584 by his writings (as from an oracle) denounced the end of the world euen - then to come, saying, Procul dubio alterum aduentum filij Dei - & hominis in maiestate gloriae suae praenuntiat, Without all doubt - (saith he) it foreshoweth another comming of the sonne of God and man in the - maiestie of his glorie. But seeing he had so strongly assured men then of the - consummation of the world, why did he yet write his Ephemerides for thirtie - yeares after, when as the celestiall signes and all Commonweales should - according to his predictions have before - perished? But therein he found himselfe as wel deceiued, as was before him Albumar, who with like rashnesse had written, That the - Christian religion should take end in the yeare 1460. And Abraham the Iew (surnamed The Prince of - Astrologers) who prophesied, That in the yeare 1464 should be borne a - great captaine (whom they call Messias) who should - deliver the Iewes his countrey men from the seruitude of the Christians. And - Arnold the Spaniard, who with like follie prophesied - of the comming of Antichrist, in the yeare of our Lord 136. But Leouicius might have knowne, that since the creation of - the world unto this time, there have beene two hundred and threescore - coniunctions of the superious planets, wherein were twentie foure great ones; - that is to say, such as still come againe - after the reuolution of two hundred and fortie yeares, Iupiter and Saturne meeting together in the - same triplicitie (as they call it) and the lesser euerie twentie yeares: and - the meanest planets, as of Saturne and Mars, euerie thertie yeares in the signe Cancer: and the greatest of - all, viz. of Iupiter and Saturne in Aries, which commeth againe about euerie eight - hundred yeares. Howbeit that Messahala calleth it the - greatest coniunction of all, when as the three superior planets meet together - in Aries: which yet I see not shall chaunce in the yeare 1584, as Leouicius supposeth, when as Iupiter shall be distant twelue degrees from the full coniunction of - Saturne and Mars: which cannot - rightly be called a coniunction so much as by their - Spheres. But whereas the same coniunction, yea and a greater too, together with - the most darke eclipses of the sunne, and of - the moone, happened in the raigne of Charles the Great, - yet wee see not the world therefore to have taken end. True it is, that the - Hebrew learned men write, the destruction of all this elementarie world, and so - of allThe opinion of the learned Hebrues concerning the - consumation of the world. mankind, & of all Commonweales, to - ensue after euerie seuen thousand yeares, by the inundation of waters, or els - by fire, and so to rest a thousand yeares: after which God shal againe restore - that which is perished: and that this shal be done seuen times, which maketh - nine and fortie thousand yeres compleat, and that then this elementarie world - and the celestiall also, with all the bodies thereof shall take end, the - maiestie of the great eternall God, with all the blessed spirits yet still - remaining. Which they say to bee by the word of God, howbeit verie obscurely - declared: when as the tilling of the ground is - commaunded every seuenth yeare to be left off: and after seuen times seuen, not - only the tilling of the ground is commaunded to be left off, but euen Slaves - and debtors to be set free, and euerie man to returne againe unto his owne - lands and dwelling. Truly it is by long obseruation at length knowne and found - out, the motion of trepidation of the eight Sphere to accomplish the course - thereof, in the reuolution of seuen thousand yeares, and the ninth Sphere in - the space of fortie nine thousand yeares. Whereof Io. - Regiomontanus hath since within this foure and twentie yeares made - plaine demonstration: of the truth of which motion neither the auntient - Chaldies nor Aegyptians had any knowledge, but were thereof altogether - ignorant. And albeit that the auntient learned Hebrewes, have by the gift and - goodnesse of God, had not onely the knowledge - of diuine and celestiall things, but euen the hidden and secret causes of - nature also reuealed and made knowne unto them, and that from them the - knowledge of most goodly things is unto other men come: as Porphyrie the greatest of all the Philosophers of his time confesseth: - and that this doctrine of the Hebrewes curteth off the impietie of them which - hold the eternitie of the world, or els that God was for an innumerable world - of yeares altogether idle: yet doe these so learned Hebrewes attribute nothing - unto fatall necessitie, either feare any the decrees of the celestiall starres, - but affirme all things to be gouerned and changed by the will and pleasure of - almightie God: as by him which as oft as he will is of power to shake the - nature of all things, yea euen the verie foundations of the world it selfe, as - was well seene in the generall deluge, which - ouerwhelmed the whole world 1656 yeares after the creation thereof.

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Yet doubt I not but that some more certaine precepts might be giuen of the - chaunges,By what order and meane some more certain and - probable coniecture might be made of the chaunges and ruines of - commonweales. and ruines of Commonweales, if a man would enter into a - certaine account of the time past euen from the beginning of the world: and so - comparing one thing with another, and knitting one thing unto another, shall - proceed farther, and set in order the varietie of Historiographers at varience - among themselves: and also going backwards, shall of all the eclipses of the - Sunne and of the Moone, euen to the beginning of the world, by most certaine - demonstrations comprehend the reason of the whole time past: and compare the - histories of the most true writers amongst themselves, and with the oppositions - and coniunctions of the celestial starres and bodies, knit and conioyne - the same with numbers, whose force in all - the course of nature is greatest: which things foulded vp in infinit - obscurities, and hidden and shut vp in the most secret places of nature, are to - be showed not by vaine coniectures, but by most euident and manifest arguments. - Which is not to be hoped for from them which are more desirous of words than of - matter or knowledge: who vpon an obstinat opinion confound the beginning of the - world, and beginning the yere at the spring, which they ought to begin at - Autumne, and the day at noone, which they ought to begin at euen, not - remembring darknesse to have bene before light, confusion before order, and a - rude confused Chaos before the world it selfe: beside - that it is in the sacred bookes of Genesis so often repeated, Vespere & mane dies - vnus, The euening and morning were made one day. Truely I commend many - things in Gerardus Mercator a most pure writer for the - obseruation of time: but in that I cannot commend him, that he beginneth the - yeare elswhere than of Libra; whereas we have by most certaine reasons not - onely out of the most auntient customes of almost all nations; but also out of - the most pure fountainsThe greatest and most notable - chaunges of estates and Commonweales to have commonly hapned in the moneth - of September. of sacred scriptures, declared the yeare to have taken - beginning in Autumne. Which we will againe show by the great and notable - changes of estates and Commonweals: whereby things to come may be the better - and more certainly perceiued, and the greatest chaunces, alterations, and - changes, seene to have happened about Autumne, that is to say, a little before, - or a little after the Autumnall equinoctiall in September, the Sun then entring into Libra: where the law of God - appointeth the beginning of the yeare. And first it is manifest, the generall - deluge to have begun and also ended in Autumne. We read also, the great - earthquakes, wherewith oft times great cities, and whole countries have bene - destroyed, to have happened in Autumne, such as was that trembling of the earth - at Constantinople, wherein thirteene thousand men were lost in the yeare 1509, - in the moneth of September: in which moneth, and in the same citie, the earth - againe grieuously shooke in the yeare 1479. So also in the yeare of Christ 545 - such an earthquake happened in September, that almost all Europe shooke - therewith. The same moneth of September, wherein the battell was fought at - Actium, ten thousand men perished in the land - of Palestine with an earthquake. And not long agoe, viz. - in the yeare 1526, and 27, in the moneth of September a great earthquake - happened at Puteoli. The third day of the same moneth, in the yeare of our Lord - 1556, such a tempest of raine and thunder happened at Lucerne, as that a - greater (as is reported) was neuer seene: which selfe same month & day the - towne hall at Maidenburg in Germanie, with the citisens dauncing therein, were - all together with lightning consumed. The victorie of Augustus also against Antonius in the battaile - at Actium, was by him obtained the second of September, where question was of - the greatest empire that euer was, and the matter tried with the greatest - forces that euer were assembled in any wars whatsoeuer: by which victorie the - empire both of the East and of the West, fell into the power of Augustus himselfe alone. - The third day of the same moneth the Macedonian empire, which had so long, aud - with so great glorie flourished, was by Paulus Aemilius - chaunged from a great kingdome into diuers Popular estates, the king Perseus being by him ouercome and taken prisoner. Sultan Soliman on the like day tooke Buda the chiefe - citie of Hungarie, with the greatest part of that kingdome. The same day and - moneth Rhoderike king of Spaine was by the Moores - ouercome and chased out of his kingdome, which wrought a wonderfull chaunge in - the state of all that Monarchie. On the same day and moneth reuoluing, Lewes the twelth the French king tooke the citie of - Milan, with Lewes Sfortia duke thereof, whome he - depriued of his estate. The like day the emperour Charles the sift passed ouer into Affrike, and inuaded the kingdome of Algiers. The day following, that is to - say, the fourth of September Sultan Soliman died before - Sigeth, which being one of the strongest holds of Christendome, was by the - Turkes taken the seuenth day after. The ninth of September, in the yeare of our - Lord 1544, Iames king of Scots was by the English men - slaine, and his armie ouerthrowne. The same day in the reuolution of the yeare, - the councell of Possi was gathered in Fraunce, Charles - the ninth then raigning in the yeare 1561, and a decree made for the receiuing - of the new religion, which raised most great troubles in France. The same day - and moneth Alexander the Great at Arbela ouerthrew Darius king of Persia, with his armie of foure hundred - thousand men; and so ioyned the kingdome of Persia - unto his owne. The tenth of September Iohn duke of - Burgundie, was by the commandement of Charles the seuenth slaine, wherof great wars arose - throughout all Fraunce. The like day and moneth was Peter - Louys the tyrant of Placence slaine by the conspiratours. We read also, - that the eleuenth of September the Palaeologues, the Greeke emperours tooke the - imperiall citie of Constantinople, and draue out thence the earles of - Flaunders, who had there possessed the empire 560 yeres. The fourteenth day of - September the Swiffers were with a great slaughter ouerthrowne by the French, - in the expedition of Mirignan: which selfe same day also the Turkes great armie - laid siege to Vienna, the Metropoliticall citie of Austria. The seuenteenth day - the French armie was by the English ouerthrowne at Poitiers, and king Iohn of France by them taken prisoner. Which day also, - (or rather the like in the reuolution of the - yeare) a peace was concluded at Soissons, betwixt Francis the first, the French king, & the emperour Charles the fift, being both readie with their great - armies to have fought for the kingdome, to the great hazard of both their - estates, in the yeare 1544: a thing the more to be noted, for that the same - yeare, moneth, and day, was also a great coniunction of the superior planets. - The same day of the same moneth, in the yeare 1575 the Christian fleet with a - great slaughter ouerthrew the Turkes great fleet in the battell of Lepanto. The - eighteenth day of the same moneth Boulleine was delivered unto the Englishmen. - And the foure and twentieth of September Constantine the - Great, in a bloudie battell ouercame Maxentius the - emperour, in the yeare of our Lord 333, and so of a simple straunge captaine - made himselfe a great Monarch (which wrought a - most notable and maruellous chaunge almost throughout the whole world) and so - from thenceforth commaunded the account of the yeare to bee begun in September▪ - and in the Greeke feasts unto that day is added, . Wee find also, that in the yeare 1136, - in the moneth of September there was a great coniunction both of the superiour - and inferiour planets, in so much that the Astrologers of the East, by their - letters written from all parts (as saith the Cronicle of Saint Denis) threatned the world with great calamities, and the - people with the chaunge of their estates, which afterwards indeed chaunced: - howbeit that in that the author of the historie erred, that he saith, How that - the same yeare there was an eclips of the Sun the eleuenth of Aprill, and - another of the Moone the fift of the same - moneth, a thing by nature impossible. It is also right memorable, that the - seuenteenth day of September, in the yeare 1567 Charles - the ninth the French king, was by his subiects assailed neere unto Meaux, where - by speedie flight, and the helpe of the Swissers he hardly with life escaped - the hands of the conspiratours: the which selfe same day, moneth, and yeare, - Henry king of Sweden was by his rebellious subiects - dispoiled of his estate, and east in prison, where he yet remaineth, without - any great hope to be euer with life from thence againe delivered. The battell - Montcontour was fought also in September. And the eighteenth day of September - Baiazet at Nicopolis with a notable ouerthrow - defeated a great armie of the Christians, of three hundred thousand men. And - the same day Saladin tooke the citie of Hierusalem, on - which Pompey had - before taken it. Pope Boniface the eight also was in - September 1303 by the French taken prisoner, and depriued of his papall - dignitie. We read also many the greatest princes and monarches of the world, to - have as this moneth died: as namely the great emperour Augustus, Tiberius, Vespasian, Titus, Domitian, Aurelianus, Theodosius - the Great, Valentinianus, Gratianus, Basilius, - Constantine the fift, Leo the fourth, Rodolphe, Frederike the fourth, Charles the fift, all Roman or Greeke emperors. And of the French - kings, Pipin, Lewes the younger, Philip the third, Charles the fift surnamed the - Wise, and Lewes his kinsman king of Hungaria and - Polonia, with other most noble and famous Monarkes in - number infinite. But that is worth the marking - that Lothaire and Charles the - bauld, the one the king of Fraunce, and the other the German Emperour (and both - of them the sonnes of Lewes the deuout emperour) both - dyed the xxix of September, the first of them in the yeare 855, and the other - 877. So Charles the fift, and Sultan - Solyman, two of the greatest Emperours that were these many ages, were - both borne in one yeare, and so both also in one moneth dyed, viz. in September. Antonius Pius also and Francis the first the French king, both of them great - & famous Monarques, were both borne in September, and died both in March - 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 understood, - Autumne and especially that moneth wherein the world was created, viz. - - September, in a sort to carie as a marke - therof the notable chaunces of many the most noble and renowmed Princes, as - also the straunge chaunges which have happened aswell unto the whole world, as - unto particular Estates and Commonweales. The next conuersions and chaunges of - cities and Commonweales we see to happen into the signe of Aries, which is an - other period of the Sunne, and the third and fourth sort of chaunges to fall - out about the Winter or Sommer Solstitium, or farthest stayes of the Sunne: not - for that the creation of the world is to be deriued from Aries, but for the - notable periods of the Sunne in those times. Wherefore Leouicius following the dreames of vnskilful men, ought not to refer - the creation and destruction of the world unto the moneth of March; and much - lesse to threaten unto the world euen a present consummation and end. But he the same man had before by his writings - promised unto Maximilian the Emperour the soueraigntie - of all Europe, with power to correct and chastice the crueltie and tirannie of - other Princes (for so he writeth) of whom forLeouicius - 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 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 - that the power of the Turkes should from thenceforth diminish, which yet - more encreaseth than euer it did. But it is - straunge that Leouicius saw nothing of the straunge - chaunge of the three kingdomes his next neighbours: which sith he saw not, how - 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 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, - which should yet happen unto Iupiter being in - Pisces. (For certein it is in the signe Pisces in the great coniunction in the - yeare 1583 and 84, and that the coniunction of these two planets in that Signe - is alwaies friendly:) or that we follow the opinion of Plato, and of the Hebrewes, and of all other Philosophers, who - generally say, That the world is to be successiuely destroied first by water, - and then againe by fire: or else that we rest our selues (as indeed we ought) - vpon the promises of God, who cannot lye, which he in mercie made to Noah neuer to drowne the world againe. But as we ought - not rashly certeinly to affirme any thing of the chaunges and ruines of - Monarchies and Commonweales: So can we not denie but that the effects are right - great and wonderfull in the coniunction of the higher - planets, when they chaunge the triplicitie, and especially when the three - - - Great and maruelous effects wrought by the coniunction of - the superior Planets. superiour planets are in coniunction together: - or that such their coniunction have concurrence with the the eclipses of the - Sunne or of the Moone: as it happened the day before the taking of Perseus king of Macedon, and the battell of Arbella in Chaldea, which drew after them the ruine of - two great Monarches, and the chaunge of diuers Commonweals, there appeared two - most great and darke eclipses of the Moone. As there did also in the beginning - of the Peloponesian warre, wherewith all Grecia was on a fire, the Sunne vpon a - faire day was wonderfully darkened, euen at such time as Pericles the Athenian Generall began to set saile.

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But as for them which contemne the force of the heauenly starres, or els are - altogether ignorant thereof; they stand as men amased, to see in the same - instant such conuersions and chaunges of - Commonweales, and such great and turbulent motions of the people together and - at once raised. As namely Polybius (himselfe an Atheist) - in his historie exceedingly maruelleth, That in the hundred and thirtieth - Olympiade in one selfe same time there was seene vpon the sudden a new chaunge - of princes almost throughout the whole world. As namely Philip the younger to become king of Macedon, Achaeus to be king of Asia, which he vsurped vpon Antiochus, Ptolomeus Philopater to become king of Aegypt, Lycurgus the younger, king of Lacedemonia, Antiochus king of Syria, Hanniball - generall of the Carthaginensians: and all these people as it were at the same - instant vp in armes one of them against another; the Carthaginensians against - the Romans, Ptolomey against Antiochus, the Achaeans and Macedonians, against the Aetolians and Lacedemonians. And afterward also three of the - most famous generals of the world, namely Scipio Affricanus, - Hannibal, and Philopoemenes, to have all died - (as Liuie writeth) in one yeare. These great chaunges - are more euident to be seene after the coniunction of the two superiour - planets, with the Sunne, or Mars: as it happened in the - yeare 1564, that the superiour planets were in coniunction in the signe Leo, - together with the Sunne & Mercurie: So have we - afterwards seene strange motions and sturres almost all Europe ouer. We have - seene in the same time, in the same yeare, in the same moneth, in the same day, - viz. the twentie seuenth of September, in the yeare - 1567, the French king guarded with the Swissers, assailed and in daunger to - have bene taken by his subiects: and Henrie king of - Sweden dispoyled of his estate, and by his - owne subiects cast in prison: and euen as it were at the same time Mary the most noble queene of the Scots spoiled of her - kingdome by her subiects, and by them imprisoned, by whome it beseemed her to - have bene delivered: and the king of Thunes driuen out of his kingdome by the - king of Algiers: the Arabians vp in armes against the Turkes, the Moores of - Granado and the Flemings against the king Catholike, the Englishmen against - their queene, and all Fraunce in combustion. The same coniunction of the three - superiour planets happened also an hundred yeares before, viz. in the yeare 1464, but not so precisely, neither in the signe of - Leo, but onely in the signe of Pisces, and yet by and by after all the people - were seene vp in armes, and not onely the princes among themselves, but the - subiects also against their princes, as we - have before said.

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Now as for that which Copernicus (the great Astrologer - of his time) saith, The changesThe opinion of Copernicus - concerning the motion & influence: of the earth, refuted. and - ruines of kingdomes and Commonweales, to depend of the Eccentrique motion of - the earth, it is such, as that it deserueth no aunswere or account to bee - thereof made. For that he for the ground thereof supposeth two things most - absurd: the one That the influences which all Philosophers attribute unto the - starres, proceed from the earth, and not from the heauens: the other, That the - earth it selfe moueth with the same motions, which all the Astrologers of - former times (except Eudoxus) have alwais giuen unto the heauens. And yet more straunge it is to make the - Sunne immouable and the center of the world; - and the earth fiftie thousand leagues distant from the center, and to make part - of the heauens, & of the planets, to be mouable, and part of them - immouable. Which old opinion of Eudoxus, Ptolomey hath - by probable arguments and reasons refuted. Whereunto Copernicus hath well aunswered: unto whome Melancthon hath onely with this verse right well replied, God in the heauens hath a tabernacle for the Sunne, which - commeth out as a bridegroome out of his chamber, and reioyceth as a Giant to - runne his course. It goeth out from the vttermost part of the heauen, and - runneth about to the end of it againe: and there is nothing hid from the - heat thereof. So also might he say, That Iosua - commaunded the Sunne and Moone to stay their course. But unto all this might be - aunswered, That the Scripture oftentimes accommodateth and sitteth it selfe unto our weake sences: as when it - calleth the Moone the greatest light next unto the Sunne, which yet - neuerthelesse is the least of all the starres except Mercurie. But this - doctrine of Copernicus might by a manifest - demonstration, which no man hath yet used, easily be refelled, viz. that one simple bodie hath but one simple motion - proper unto the same: as is manifestly to be proued by the principles of - naturall Philosophie: then seeing that the earth is one of the simple bodies, - as the other elements be, we must necessarily conclude, that it cannot have but - one onely motion proper unto it selfe: and yet for all that Copernicus hath assigned unto it three diuers motions: whereof it can - have but one proper unto it selfe, so that the other must needs be violent, a thing altogether impossible: and so by - the same consequence impossible also, that the alterations and chaunges of - Commonweales, should proceed from the Eccentrique motion of the earth.

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But let vs now come unto the opinion of Plato, who - thought the chaunges andThe most darke and obscur opinion of Plato concerning - the chaunges and ruines of Commonweales. ruines of Commonweales to - ensue, when as the consent of the sweetnesse which proceedeth from the harmonie - thereof is interrupted and broken. Which chaunceth when in the nuptiall number - (as he tearmeth it) you depart farthest from those concords which the Musitions - call and . As for the nuptiall - number he defineth it to be, that number which beginning of an vnitie, as of a - 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 - for the middle places they are to be filled with numbers

- perfect, imperfect, quadrate, spherique, and cubique, so that no sort of - numbers be wanting. But this order of numbers may be infinite, for that the - force and power of tune and consent, is in diuision as infinite, as any other - dimension whatsoeuer. So that the forme of a well ordered Commonweale shall so - long be firme and sure, as it shall keepe right consent and tune, well agreeing - unto the sweet delite of the eare. The Dupla or Diapason, which is of one to two; the Sesquialtera, which is the - proportion of two to three, which maketh or a fift; the Sesquitertia or proportion - of three to foure, which maketh or a fourth. The Tripla porportion which - maketh , which for that - it comprehendeth al concords and consents is called , or a gathering of all together. Now if - you go farther as unto that proportion which is of foure to nine, the - proportion of these numbers being not harmonicall, their followeth thereof an - vnpleasant discord, which marreth the whole harmonie of a Commonwealte. And - this in mine opinion is that which Plato would say, for - no man as yet hath explaned this point; so that antiquitie it selfe hath not - without cause long since complained, nothing to be - more obscure than the Platonicall numbers. - - Nothing more obscure than the Platonical numbers. For - Forrester the Germaine is farre from the mind of Plato, when as he seeketh after triple and quadruple - proportions, for that in so doing he ouerthroweth the foundations of the - nuptiall number & the sides of the Triangle, which consist of the double - and triple proportion. But in him is also absurd, that he thinketh the same - proportion to be betwixt 27. and 64▪ which is of three to foure, a thing by - nature impossible, and contrarie to the grounds of the Mathematiques. But Plato willeth vs also to fill the vacant place of the - propounded triangle of the nuptiall
number with such - other numbers as proportionally arise of the mutuall coniunction of the male - and female numbers, yet still continuing the harmonie, for that the same - concords are amongst them to be found, which - we have alreadie set downe amongst the other foure first numbers: as of the - mariage of two to three: viz. of two times three is - begot the number of six, which placed in the middest filleth vp the emptie - place betwixt 4. and 9, which two numbers by no meanes make any consent or - harmonie, but the proportion of either of them unto sixe, is the same which is - is of three to foure, that is to say, Sesquialtera or , or a fift. And so also if the number of - two be as it were maried or in proportion ioyned unto six, or the number of - three, so combyned unto six; as viz. two times six, or - three times six, thereof shall arise two numbers, viz. - 12. and 18, which shall fill the emptie space of the triangle betwixt 8. and - 27. So if the number of two be proportionally - ioyned unto twelue, and the number of three to eighteene (as viz. two times twelue, or three times eighteene) thereof shall arise - the numbers of 24. and of 54. And againe, if three be ioyned unto twelue, or - that which is all one, two to eighteene, thereof ariseth the number of 36. - which three proportionate numbers of 24. 36. and 54. shall fill vp the vacant - place of the triangle betwixt 16. and 81, the mutuall proportion of which - numbers so put into the void places of the triangle, and so filled with the - numbers next, still keepe a perpetuall sweet course, although the sides of the - triangle were infinitely extended, of which triange let this be the forme. If - therefore choice be had of such proportions as make a sweet consent in the - perpetuall course of numbers, the Commonwealth shall so be euerlasting: if so - be that the - - The true discord which indeedmaryeth the sweet harmonie of a - Commonweale. state of Commonweales depend of harmonie. But that - harmonie (as saith Plato) is sometime broken, so that - the sweet consent thereof must needs perish, and so Commonweales at length come - to ruine and decay. But to say the truth, is it not much more to be feared, - lest the subiects or citisens erring or declyning from the sweet and naturall - harmonie of well tuned lawes, and customes, shall in steed of them embrace most - wicked and pernitious lawes and fashions? And yet for all that will I not denie - but that harmonie and musike have great force & power for the chaunging of - a Commonweale, in which point both Plato and Aristotle well agree. Howbeit that Cicero is of opinion it to be a thing impossible, that for the musique - 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 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 - the rest of the people of Arcadia were wonderfull civill, courteous, and - tractable: Polybius was the first which noted it so to - have happened, for that they had left to take pleasure and delight in musique; - which from all antiquitie had beene alwaies more honored and esteemed in - Arcadia than in any place of the world else, in such - sort as that by the lawes and customes of that countrie every one was vppon great paines bound to exercise him selfe - therein, vntill he was thirtie yeares old, which was the meane (as sayth Polybius) the first lawgiuers of that people wisely - deuised, to quiet and tame them, being by nature rough and barbarous, as - commonlyMusique most honored in Athadia. all the inhabitants of the mountaines - and cold countries be. The like we may almost also say of the French nation, - whom Iulian the Apostata in his time calleth a barbarous - and fierce people and of all others most desirous of libertie, who yet now at - this day are in ciuilitie inferiour to no people of all Europe, none being more - tractable unto their magistrates or obedient unto their Princes than they, as - men by nature well, but by instruction better taught, and in the iudgement of - all their neighbours most skilfull in Musike. Wherein that is also worth the - noting, that almost all the French songes - & tunes (wherewith the countrie people are euen yet much delighted) are - still Ionique or Lidian, that is to say, of the fift or seuenth tune. Which - tunes Plato and Aristotle forbid - the youth and women to vse: for that they be of great force and power to - mollifie and effeminate the minds of men; and therefore would have them to vse - the Dorian tune, which our men call the first tune, to the intent that so they - might be the better instructed with a certaine pleasant modestie, mixt with - grauitie, a thing proper unto this Dorian Musike. Which prohibition might have - serued better in the lesser Asia, where they have no other songes but of the - fift or seauenth tune; and namely in the countries of Lydia and Ionia: But the - people of the cold and mountaine Northern countries, which are ordinarily more - sauage or at least wise lesse courteous than - the people of the South and the inhabitants of the plaine countries, can no way - better tame and mollifie themselves than by vsing the Lydian and Ionique - harmonie. Which kind of Musike was also forbidden in the primitiue Church; - wherein it was not permitted to sing Psalmes or prayses unto God but in the - Dorian or first tune, which at this present is yet in the Church most in vse. - But as men which would tame wilde and sauage beasts, disarme them first of - their teeth and clawes; so the Lydian and Ionique harmonie disarmeth the more - outragious andLight musike forbidden in the primatiue - church barbarous people of their sauage and cruell nature, and maketh - them quiet and tractable: As it is happened unto the Frenchmen, who happely had - not beene so pliant and obedient unto the - lawes and statutes of this kingdome, if the nature which Iulian the Emperour saieth to have beene in them so hautie and - impatient of seruitude, had not by Musique beene attempered and mollified.

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But of all those things which we have yet brought to iudge of the future - chaungesNumbers to be of greatforce, whatby to deeme the - chaunge and ruine of a Commonweale. and ruines of Commonweales, we - see no rule (whether it be of Astrologie or musike) certain and sure: howbeit - that we have by them some probable coniectures, whereof yet none seemeth unto - mee more certain or easie, than that which may be drawen from numbers. For why - I thinke almightie God who with wonderfull wisdome hath so couched together the - nature of all things, and with certain their numbers, meanes, measures, and - consent, bound together all things to come: to have also within their certaine numbers so shut vp and enclosed - Commonweales, as that after a certaine period of yeares once past, yet must - they needes then perish and take end, although they vse neuer so good lawes and - customes: as Plato with Aristotle - therein agree. But when that period shall be, neither of them declareth: except - some there be which suppose Plato to signifie it by - certaine obscure numbers in his eight booke De - Republica: at which rocke not onely all the Academikes, but euen almost all the sects of other Philosophers also, - have suffered shipwracke. And first of all Aristotle - skippeth ouer this place as ouer a dich, neither doth here carpe his maister - (as his manner is) when as for the obscuritie thereof he had not wherefore he - might reproue him. - - Proclus also having curiously enough enterpreted seauen - of Plato his bookes de Republica: - - - - The eight booke of Plato de Repub. - most difficult and obscure. would not so much as touch the eight, - stayed (as I suppose) with the difficultie of the matter. Theon also of Smyrna (for there is an other Theon also of Alexandria; who writt a commentarie vpon Ptolomee in Greeke) a man most skilfull not in Plato his philosophie onely: but in the Mathematiques - also: at such time as he expounded Plato his Commonweale - there stucke fast, neither tooke vpon him to expound this place. Cicero in one word excuseth the difficultie of Plato his numbers. Marsilius - Ficinus (in mine opinion) the sharpest of all the Academikes plainely confesseth himselfe not to know what Plato in that place ment: fearing lest it should so fall - out with him as it did with Iamblichus, who seemeth to - have bene willing in three words not to have manifested a thing of it selfe - most obscure, but rather to have made it - darker. Philo the Iewe euerie where imitating of Plato, thought that obscure and hidden number to be - fiftie, and that he saieth to be signified by the right cornered Scalenus, such - an one as Pithagoras comprehended in the three numbers - 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 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, - 5, - -

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Sesquitertia i that which containeth all that - an other thing doth, and a third part more. brought euerie one of - them apart into themselves maketh three quadrats: whereof are made 50 numbers, all plaine: but the wordes of Plato make mention of the hundred cube. Beside that there - be Dimetients incommensurable unto the sides, as in the number of Plato: whose wordes it pleaseth mee heare to set downe, - and to interpret the same: as well for that the interpretors doe in the - interpretation thereof verie much differ amongst themselves: as also for that - hee sayth the ignorance of that number to bee unto the Gouernours of Cities and - Common-weales almost capitall. . which is - as I interprer it, Truly the compasse of such things which - take their beginning from God, is by the perfect number comprehended: but - the compas of worldly things is contained by that number wherein are found - numbers exceeding, and numbers exceeded by encrease and decrease, three - 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 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 five detracted lesse by - the vnitie: but two of ineffable proportion: but an hundred - - - - Cubes of the ternarie it selfe. And this number made by - 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, 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 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 used not of Plato onely, - but euen of Aristotle him selfe also, to the intent that - 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 - 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 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 - of those things which he fouldeth vp in such obscuritie of words: for he would - that those things which take their beginning - from God, should be contained within the perfect number. But what thing is - there at length which oweth not the first beginning of the being thereof unto - almightie God, either immediatly without any other meane cause, or else some - other the meane or middle causes comming betweene. And that God himselfe - without any other meane cause created the Angels, and other the celestiall - bodies not onely Plato, but euen the Manichies also themselves confesse; who yet most wickedly thought all - earthly things to have had their beginning from the prince of euils. True it is - that the earth brought forth plants & other liuing creatures, the waters - also fishes, and foules; yet both of them by the commaundement of almightie - God: But unto the creation of Man he would - also have the - - Faciamus hominem: Or let vs make man. Angels - present. Howbeit that Aristotle was of opinion the - formes of all things to be in a sort diuinely infused into them, when as he - writ in all things to be , or some diuine thing. As for the mind of man he calleth it not obscurely or - doubtfully but euen plainely : which is (as I interpret it) , from aboue, from God, - or from heauen, not out of the power of the seed, as he saith of other liuing - creatures: of whom for all that Virgil in generall - saith: Igneus est ollis vigor & caelestis origo, A - fierie force they have, and a celestiall beginning. Wherefore we must confesse - all things to be included in perfect numbers if we will beleeue Plato. But let vs graunt unto the Academikes (which yet - is an impietie to do) these earthly things which we speake of, to have had - their beginning else where then from almightie - God, shall therefore the perfect numbers as better, be attributed unto heauenly - things? yea the perfect numbers should rather agree unto earthly things, for - that the perfect numbers how many soeuer they be are euen, and of the female - kind, for otherwise they were not perfect: neither are more than * foureThe foure perfect numbers within an hundred thousand, are 6. - 496. 68▪ and 8128. within an hundred - thousand: there beeing also other perfect numbers * aboue that number of an - hundred thousand, but such as cannot be applied either unto diuine, or humaine - or worldlie things. Wherefore seeing that the number of six is the first - ofPerfect numbers aboue an hundred thousand: 130811, - 2096128, 33550336. 536814528. the perfect numbers, it ought by the - opinion of Plato to agree unto things immediately by God - himselfe created; and yet we see the same number neuerthelesse to agree unto - most vile and abiect liuing creatures. For Aristotle - writeth the Hare (by the law of God an - vncleane creature, & forbidden his holie people to eate of) to live at the - most but six yeares. The like number of yeares the same man attributeth also - unto Mice. And unto certaine kinds of flyes, as unto waspes and Bees six yeares - are by Virgill allotted, and their hiues are still made - six cornered; all which base creatures except the Hare are engendered of - 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 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 - feele the heat of youth at fourteene yeares; women wax ripe at twelue, and so - holding on from six to six, still so find in themselves some notable chaunge in - the disposition either of their bodies, or of their mindes. All diuine - HolydaiesPlato vainely to attribute the perfect or euen - numbers unto heauenly things. also are concluded in septenaries, or - such other odd numbers. In many places also Diamonds grow by nature it selfe - pollished six square, as Plinie in his 33. booke - reporteth, which in the mountaines of the Pyrenes is a common matter. Wherefore - it is an absurd thing that Plato attributeth the - beginning and ending of diuine things unto perfect numbers onely. But Porphyree the most famous philosopher of his time, when - he enterpreted that of Plato out of his Timaeus , writeth the estate of - all Commonweales, and the life of spirits to be determined, at the farthest in the reuolution of a thousand yeares. Plutarch in his booke entituled supposeth the life of Spirits to extend - longer, but yet neither of them sought after the perfect numbers. But if so be - that Plato in so great fewnesse of perfect numbers, - could not tell which of them should agree to things sprung from a diuine - beginning; by what numbers then should he discide so great varietie of worldly - things? or if he knew that number, why did he pray and make vowes unto the - Muses that they would show him it.

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Wherefore it behoueth a man of deeper consideration to seeke out such - numbersThe numbers of seauen and nine to be of great - force in the chaunge of worldly things. as may signifie the - conuersions & chaunges of worldly things, and which are by long experience, - and not by light and vaine coniectures approued: such as I deeme the numbers of seauen and nine and their quadrate and - cubike numbers: viz. 49, 81, 343, 729, to be. For as the - number of six (which is of all perfect numbers the first) chaungeth the - manners, habit, or nature of the Female kind, so most Hippocrat. de partis septimestri. auncient antiquitie hath by - experience proued the number of seauen in some sort to chaunge the Male kind - also: and that as the numbers of seauen or nine vse commonly to giue unto - menThe number of sixe to be of great power in the femaile - sexe, and the number of seauen in the maile kind. the beginning and - time of their birth, that so the number growing of the multiplying of either of - them, hath beene wont to bring unto them their end and destruction. Which same - thing I transfer and applie unto Commonweales also, so that the numbers of - seauen and nine, and such as arise of their quadrate and cubike numbers, do - 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: 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 - is increased in them the sixt yeare, or else therein they die: the twelft yeare - they begin to wax warme, and the eighteenth yeare are readie for husbands: and - if diseases fall vpon them in their sixt yeares, they are so often times in - daunger: The like whereof happeneth unto men the seauenth, the fourteenth, and - one and twentieth yeare: So that Plato not without cause - attributeth the euen numbers unto the female - sexe, and the odd numbers unto the male. And for this cause Plutarch saith, The auntient Romans to have used to giue name unto - their male children the ninth day, for that the seauenth was more daungerous, - and unto their female children or daughters the eight day: for that (as saith - he) the euen number is proper unto the female sexe: And therefore I suppose - them of old time to have used every eight day to do sacrifice unto Neptune, for - that the element of water agreeth unto women, as doth the firie element unto - men: As also that they thought the number of seauen to be feared. Howbeit that - the law of God commaundeth the male children to be - circumcised the eight day: which the sacred interpretors of the Hebrewes thinke - - - The seuenth day of all others most blessed. to have - beene done, that so there might be one Sabaoth betwixt the birth of the child - and the circumcision thereof, and so more strength might thereby be giuen unto - the child. For why, Moyses doth in sacred writ teach vs, - God most plentifully to blesse the Seauenth day (which was the birth day of the - world) with his grace and all other good things: which aboundance and stoare of - his good blessings is no where seene to be giuen unto the rest of the other - dayes, by a certaine wonderfull cause of nature from all Philosophers - hidden.

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Yet nothing seemeth in mans nature more wonderfull than that the yeare - threescoreThe clymactericall yeare of 63, most commonly - fatall unto old men. three hath bene still noted to be unto almost - all old men fatall, Obseruandum est (saieth Au. Gellius) in multa hominum memoria, - expertumque in senioribus plerisque - - - - omnibus sexagesimum tertium vitae annum cum periculo & - clade aliqua venire, aut corporis morbis grauioris, aut vitae interitus, aut - animi aegritudinis, It is a thing observed (sayeth hee) in the great - remembrance of men, and also by experience proued in many old men, The - threescore and third yeare of their age to come unto them all with some danger - and hurt, either of the body, or of some great disease, or of losse of life, or - of some tormenting griefe of mind. Yea there is an epistle of Augustus the emperour unto his nephew Caius, - bearing date the ninth of the Calends of October, written to the same purpose, - in this sort, Aue mi Cai, meus ocellus iucūdissimus, quem - semper medius fidius desidero quùm a me abes: sed praecipuè diebus talibus - qualis est hodiernus: oculi mei requir unt meum Caium: quem vbicum{que} - & hoc die fuisti, spero laetum & - - - - bene valentem celebrasse quartum & sexagesimum natalem - meum: nam vt vides - - - - communem seniorum omnium tertium & sexagesimum euasimus, - &c. All haile my Caius (sayth he) my most - sweet delight, whom of my faith I alwaies long for when thou art from me, but - especially on such daies as this is mine eyes doe now seeke after my Caius, whome wheresoeuer thou hast this day bene, I hope - that thou merrie and in good health, hast celebrated my threescore & fourth - birth day: for as you see we have escaped the threescore and third yeare, the - common Climacteriall yeare of all old men, &c. Howbeit that Augustus lived vntill he was seuentie seuen yeares old; - as did also Pomponius Atticus, who died at that age. We - might reckon vp an infinit number not only of the poore and baser sort, but - euen of the nobler sort also, who ended their - - Great learned men which dyed at the 93. yeare of their - age. daies in the threescore and third yeare of their age: but we - will onely reckon vp some such as were for their learning famous, who as at - that age died, viz. Aristotle, Cicero, Crysippus, S. Bernard, Boccace, Erasmus, Luthar, Melancthon, Siluius, - Alexander Imolensis, the most famous lawier of his time, Cardinall Cusan, Linacre, and Sturmius: And - therfore the old Greeke diuines seeme to have consecrated the number of seauen - unto Apollo, and of nine unto the Muses, as Plutarque writeth.

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Now if any man will more curiously search out these things, whether it be in - theThe seauenth and ninth yeares still daungerous or - fatall unto old men; and the sixt yeare unto women. sacred or profane - histories, he shal find the lives of men for the most part to have expired and - taken end still in the seauenth or ninth yeares of their age: and women in the - sixt. Plato is said - to have died at the age of fourscore and one, which is nine times nine yeares: - Theophrastus at 84, which are twelue times seauen - yeares, which period few men passe; or els they passe to xiii times seauen, as - 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 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 - recken vp all which are in histories found to have ended their daies at these - aforesaid periods of seauens and nines. He - also who of our auncestors and of histories is called Ioannes - de temporibus lived 361 yeares, that is to say three and fiftie times - seauen yeares. It is manifest also men to be alwaies borne in the ninth or - seauenth monethe whom the Graeks therfore call and that they which are borne either - sooner or later live not. For which cause Hippocrates - writeth a child to be fully made and perfected in all the parts and limbs - thereof the seauenth day: and afterward to take encrease: and being borne the - 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) 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 - blessed. neuerthelesse at length die thereof. The law of God hath - most religiously also both consecrated and commaunded, the seuenth day to be - kept holy, as the birth day of the world, and of all that therein is: which one - day of all others God almightie blessed, and which day all antiquitie hath by - long experience reported to be so vnlike the other daies of the weeke, as that - it is taken vp as an old proverbe, No seuenth day passe - wherein the sunne is not at one time or other therein to be seene. Vpon which - day the auntient Hebrewes constantly affirme, The rage of diuels to be - restrained, wisedome to be into the minds of men infused, their bodies to be - strengthened, and their fields with encrease of fruit to be blessed. The - seuenth yeare also is by the law of God holy, as is also the seuenth time seuen - yeare, which is the yeare of Iubilie: neither is if to - be doubted, but that a certaine secret force - is in them, both for the chaunge and ruine of Commonweales. So that it ought - not to seeme straunge, if that this number of seuen be of the Hebrews called - sacred or holy: which Caluin (following Galen, as I suppose) calleth Perfect (where he entreateth - of the rest of the Sabboth day) which hee euen to astonishment woundereth to be - so often and so religiously propounded, to bee of all men observed and kept, in - so much that euen the paine of death is propounded unto the breakers thereof: - so that the whole summe of all God his lawes may seeme to bee therein - 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 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 - - * In lib. de oppiicto Dei. - - in the same errour offended, who calleth the number of three and ten, - perfect and full numbers: and also Cicero, who deceiued - many, in calling the numbers of seuen andIn somnio - scipionis. eightfull numbers; which Macrobius - 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 - of that number to be of great force in the - whole course of nature. Philo was herein also deceiued, - in taking ten to bee the most perfect number.But four - perfect numbers from one to an hundred thousand. - -

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Now indeed there are but foure perfect numbers from one unto an hundred - thousand, viz. 6, 28, 496, and 8128, amongst which the - last cannot serue for the changing of Commonweales, for that it exceedeth the - age of the world: neither the two first, for that they are too little: so that - but one of them can be well applied unto the chaunges of cities and - Commonweals, viz. the number of The number 469▪ the onely perfect number which can well bee applied unto - 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 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 - kingdome of Fraunce to fall and take end, after that threescore and three kings - had therein raigned, this number consisting of the numbers of seuen andThe numbers of seauen and nine fatall unto Commonweales. - nine, conuerted in themselves. As Esaias, who liuing in - the time of Romulus, prophesied, That nine kings should - more yet raigne in Iudea, and that the tenth should together with the people be - led away into captiuitie, and so that kingdome to take end: As also that there - should be nine kings of the Persians, or as that the seuenth king of the Romans - should be thrust out of his kingdom: which number of princes well agreeth - with the number of the yeares which they - raigned in Iurie, viz. 182, a number consisting of six - & twenty septenaries: & at Rome 244, for in the 75 septenarie, that is - to say, in the 245 yere Tarquin the proud, last king of - Rome, was thrust out of his kingdome. Hieremie the - Prophet then lived, when as the prophesie of Esay was - fulfilled, and himselfe prophesied, That the people should be againe delivered - in the seuentie yeare of their captiuitie, as indeed they were, and the temple - againe restored. The same Prophet - - Chap 24. - - Esayas prophesied also, The most famous citie of Tyre to - be in 70 yeres after vnpeopled and left desolat, and afterwards within seuentie - yeares moe after the ruine therof, to be againe restored. The same number - agreeth unto the Athenian Commonweale, wherein - seauen princes, whome they call , raigned also 70 yeres▪ the taking of - which citie, and the victorie of the Athenians at Salamine, is reported to have - happened vpon the verie like day. As for the number which of the Academikes is - called fatalis nmerus, or a - Fatall number, viz. 1728 (being indeed a quadrat number) - seemeth to have bene expired from the raigne of Ninus - unto the victorie of Alexander the Great, at Arbela, and - the ouerthrow of the Persian empire. For Herodotus, Diodorus, - Trogus Pompeius, Iustin, and Ctesias, begin that - empire from Ninus. And at such time as Hierusalem - ouerwhelmed with most bitter calamities, was won and rased, the temple - ouerthrowne, king Sedechias slaine, and the people - carried away into captiuitie: at the selfe same time the Aegyptians rebelled - against the kings of Assyria, the Athenians - shooke off the tyrannicall yoke of the Pisistratides, - and the Romans expulsed the proud Tarquins. Now the - temple had before stood 427 yeares, a time cousisting of whole septenaries. But - for that in the computation of times, there is great difference amongst the - Historiographers, we will vse the Roman Fasts or Calenders, which cannot lie. - 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 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 - conquest of the same countrey by Lewes the twelfth the French king, vpon the Venetians and - 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 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 - and fortie yeares space. So from the raigne of Augustus, - after the victorie by him obtained at Actium, and the temple of Inus the fourth time shut vp, - unto Augustus the last of all the Roman emperors, slaine - by Odouacer king of the - Herules, and the empire possessed by the Gothes, there are accounted 496 yeares, which we said to be a perfect number, as - consisting of seuentie septinaries; with the perfect number of six: For by the - Fasts the yeare following Odouacer began to raigne. - Wherein it is also worth the noting, that as the first emperour Augustus with wonderfull felicitie and wisedome, both - established and encreased that so great a Monarchy, which he held more than - fortie yeres: so Augustulus the last of the Roman - emperours diminished both in name and soueraigntie, held that his empire scarce - a whole yeare, which happened the tenth of the calends of September. As it - happened to Constantine the Great, who established the - seat of the empire at Constantinople: and to Constantine - the last Christian emperour, there dispoyled of his estate, and slaine by Mahomet king of the Turkes, surnamed the Great. Now from - the building of the citie unto this Augustulus, are accounted 1225 yeares: which number - consisteth of whole septinaries: which thing Vectius the - great sooth-saier foretold, asThe number perfect of 496 a - number proper unto the chaunes of - Commōnweales. - - Censorinus out of Marcus Varro - writeth. The same number of yeares wee find from Ninus - king of Assyria, unto the death of Sardanapalus, whome - Arbaces gouernour of Media dispoyled of his - gouernment, and translated the kingdome unto the Medes. Now from Saul the first king of the elect people of God unto that - Sedechias was slain, and his kingdome ouerthrowne, - returneth that perfect number of 496 yeres. But whereas Iosephus reporteth the burning of both the Temples, and the taking of - the citie, to have chaunced the selfesame day, viz. the - ninth day of the first moneth; he in that agreeth not with the booke of the - Kings, neither with the Prophet Hieremy, - - who both otherwise report the same. So many - yeares, viz. 496. are accounted from Caranus first king of the Macedons, unto Alexander the Great last king of that countrey, discended of the line - and issue of Hercules, and of Aeacus. Some there bee which adde certaine yeares moe, and some others - which detract some also. Wherefore my meaning is not to alleage any other than - the records set downe by the most certaine Historiographers, and such as every - man may draw euen out of the verie fasts and calenders of the Romans - themselves. Of which sort is that, that from the foundation of the citie of - Rome, unto the sacking therof by the French men, are accounted 364 yeres, which - number consisteth of whole septinaries: As also from the building of the citie, - unto the slaughter at Cannas, Terentius Varro being then - 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, 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 - reporteth, The Moores and Arabians to have inuaded Spaine in the yere of Christ - 707, and that also the seuenth yeare of the raigne of king Roderike, and to have holden the same kingdome 770 yeares, neither - could vtterly be from thence againe expulsed, before the time of Ferdinand king of Arragon and Castile. It is also worth - the noting, that from the execution of Aman, and the deliverie of the Iewes at the intercession - of Hester, unto the victorie of Iudas - Machabeus against Antiochus the noble king of - 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 (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. - - Tacitus hath also noted in another singularitie, That - the citie of Rome was by Nero burnt, on the like day - that it had long before beene burnt by the Gaules, which was the fourteenth of - the calends of August: wherēin some have gone so farre, as to number how many - yeares, moneths and dayes, passed betwixt both those fiers.

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But that the numbers of six are almost unto women fatall, I thought it not - needfullThe number of sixe to be unto women - fatall. by examples to proue, least I might be thought to stand vpon - triflles, only that I note, that in the yeare 1582, at such time as the prince - of Orenge had receiued a mortall wound, the one and twentieth of March, being - the fortie ninth yeare of his age, and that all men dispaired of his life, he - yet recouered his health at his entrance into his fiftieth yeare: But Carola Charlet of Burbon his wife within two monethes - after died, when as shee entred into the six - and thirtieth yeare of her age, which is the quadrat of the number of six: euen - as the prince her husband was wounded in the nine and fortieth yeare of his - age, the quadrat of the septenarie or number of seuen: which I thought not to - have written, but that I was told the same by the prince of Orenge himselfe, as - a thing by him noted, when as I was of councell with Francis duke of Alanson at Anwerpe.

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But now for that we are by way of discourse come so farre, the last that - remayneth is for me to aunswere some thing to them which take pleasure rather - to carpe than to commend my writings: for that In his - booke: De Methode historiarum. - - 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 - inspiration had conceiued and declared, all things then whereof we now doubt, - should without all doubt be unto vs most plaine and cleere. Truely he defineth - the state of his owne citie, king Cyrus then beginning - his raigne, what time the captiuitie was ended, according to - - Hier. 2. & Daniel 9. the prophecie of Ieremie, (which he beginneth from the destruction of the Citie and of - the Temple, and not from the raigne of Ioachim as some - suppose) and the holie people returned. He definethA good - discou of Daniel his seauentie weeks. it - (I say) by seauentie weekes of yeares, that is by 490. yeares, and that right - plainly; when as the prophecie was made in the last yeare of the captiuitie, - which was the seauentieth from the destruction of the Citie and of the Temple: - that so the prophecies might in good order - with the prophecies, and times with times be continued: whereas they which - longer protract the times leaue an hundred and twentie yeares at one gaping. - But the Prophet expresly taught, that the beginning of the time ought to be - accounted from the time of the prophecie giuen, wherein the people againe - returned as if it had beene before dead, and appointed unto it selfe a Prince - and other magistrates, from whence the restoring of the Citie is to be - accounted, and not from the repairing of the walles and buildings. In which - case Pompee said well: Vrbe deserta, - 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 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 - well be refelled, not onely by every one of them a part, but euen by all of - them together. As for those things which Daniel writ - concerning the Empires, he openly and plainly hath called the Medes, the - Persians, and Grecians unto the Empire of Babylon; but besides them none. The - fourth Empire (by him spoken of) we have showed not to belong unto the Romans, - seeing that question is there concerning Babylon, - which the Romans neuer subdued; which when they passing ouer the riuer - Euphrates had vnfortunately attempted, they - receiued many and great ouerthrowes of the most inuincible Parthians. But yet - more foolishy do they who attribute that fourth Empire unto the Germans, who - neuer so much as dreamed of any the least part of the Babylonians Empire. Which - things for that they be by vs else where disputed we will here let passe. Which - things for all that Frankbergerus the Saxon and Bishop - of Lipsic, by the authoritie of Luther, and one Dresserus a meere schoolman with rayling without any - reason at all refelleth, whom I shall yet count an eloquent man, if he shall - but learne aswell to speake, as he hath learned to speake euill: But for that - the angrie man (a common fault of the wise) is angrie with me, for that I dare - not rashly iudge of the diuine oracles, least in so doing I might offend in - such his matters, and so farre from all mens - senses: he should have taught me why he thinketh the Prophet Daniel to have there omitted fiftie empires, which I have In methdo . noted to have bin ten times greater than the German empire, and - such as have in them also contained a great part of the Babylonian empire? Why - also Daniel in his first chapter hath writ of himselfe, - That he lived in the first yeare of the raigne of Cyrus - king of Persia? And yet more, why he should write himself to have receiued that - diuine oracle or prophesie in the Chap. . third yeare of the raigne of king Cyrus? And why in the chapter following doth he make - mention of Darius king of Persia▪ who was inuested in - that kingdome seuen and thirtie yeares after that Cyrus - began to raigne? For neither Berosus a most true - interpretor of the Chaldean antiquities, whome Ctesias - and most of the auntient writers, have - followed: neither Megusthenes the Cronicler of the - Persian affaires, neither Herodotus, called the Father - of Historie, neither any of the Greeke or Hebrew historiographers, report any - to have bene before Darius Hystaspes: I except onely Iosephus, who in that place dissenteth from Berosus. But least we should seeme to deale to sharply, - and to presse them too farre, What is the reason why Daniel in the eleuenth chapter of his prophesie writeth, That Darius should have three Persians his successors and that - the fourth should come out of Grecia, who by mightie force and strong hand - should obtaine the empire? But that this was Alexander - the Great no man doubteth, who thrust Darius Codomaenus - out of the Persian empire, whose father was Darius - Achos, his grandfather Darius Mnemon, and his - great grandfather Darius Nothus, unto whome Daniel turneth his speech. - Which if it be so, Daniel must needes have lived two - hundred and twentie yeares, if he were a youth growne when as hee was carried - captiue into Chaldea, which he must needes be, for that hee then spoke both - most eloquently and wisely. And thus much euerie man may most plainely gather - both out of the sacred scriptures, and also out of the auntient histories of - Herodotus and Iosephus. For - Cyrus died in the 30 yeare of his raigne, Cambyses in the 6, Darius - Hystaspes in the 37, Xerxes in the 21, Artaxerxes in the 44, Darius - Nothus in the 19, Darius Mnemon in the 36, Darius Achos in the 6, Darius Cadomanus in the 10, all making the summe of 228 - yeares. For Daniel was taken prisoner together with king - Ioachim. But let the interpretors of these diuine - oracles suppose all things to bee manifest unto them, and let euerie one of them with great confidence at their pleasure - determine of these Daniels weekes. Yet how can these which euen most subtilly - hane discussed all these matters, defend that of the Prophets Zacharias - - - - Chap. - - . and Aggaeus, who - writ their prophecies in the end of the seauentieth yeare of the captiuitie, - Darius Nothus - - * Chap. 23. as they will have - it then raigning. This is now (say those Prophets) the seauentieth yeare▪ And - if it be so that they will have the seauentie yeares to be accounted not from - the destruction of the Temple, but from the Edict of Xerxes, then truly Zerubabel and Nehemiah the chiefetaines of the people must needs have - lived full two hundred and fiftie yeares, being so old - when Cyrus began his raigne, as that they were able to - conduct the people out of Chaldea into the - land of Palestine: whom yet the doubt not to proue euen by the testimonie of - 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 - 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 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 - I have hereof more modestly than they - written, that it was not a thing to me well knowne, unto whom for all that I - will yeeld, if they can by any meanes maintaine the certaintie of their owne - positions. Howbeit that S. Hierome hath reiected many - things which are found in the writings of Daniel: And - that the Hebrewes allow not of the rest which are not writ in the Chaldee, but - in the Greeke tongue by Theodotion. - -

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Wherefore these examples thus propounded, it is lawfull by a certaine - coniecturallHow it is lawfull for a man to gesse at the - rising and falling of a Common wealth. gessing to ayme at the rising - and falling of Commonweales: as also for a man looking into the precedent - causes of things, with the diuers coniunctions and oppositions of the Planets, - to go so farre as the knowledge of such things will beare: not rashly affirming, or lightly beleeuing any thing concerning - such things as are by the Almightie and euer liuing God farre set from the - sense and reach of man.

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- - - - CHAP. III. That it is a most daungerous thing at one and - the selfe same time▪ to chaunge the forme, lawes, and customes of a - Commonweale. - -

- - HOw Cities and Commonweales arise; by what meanes - they are also encreased; what diuers alterations and chaunges befall every one - of them; and by what coniectures the fall and ruine of them is to be by vs gathered, I suppose we have sufficiently before - declared. But for asmuch as the presumptions by vs alreadie noted, are not - sufficient to make any certaine demonstration of, but rest vpon such grounds as - are farthest off from the senses and capacitie of the common sort of men: - Neither that if they were delivered by way of demonstration, or other more - certaine rules, should they therefore inferre any necessitie at all? It - remaineth that wee according to that wisedome and discretion wherewith - almightie God hath of his goodnes endued men, endeuour our selues to rule - Estates and Commonweales, and by all meanes to foresee and decline the chaunges - and ruines of them. For why, it is one generall opinion and doctrine of all - Philosophers, yea euen of them which idly dispute what is done in heauen: a wise man not to be bound or - subiect unto the power or influenceWise men not to be - subiect unto the power or influence of the starres, as sensual men - be. of the starres: but onely they which giue the raines unto their - disordered appetites, and beastly desires, not suffering themselves to be - gouerned by the rule of reason, or of other the best lawes: unto whome Salomon the maister of wisedome hath sharply threatned - the torment of the wheele, saying, That God should cause the wheele to passe - ouer them: that is to say, the force and effect of the celestiall Spheres, - which ouer the good should have no power at all. Seeing therefore that the - power & influence of the starres may by the power of God, that is, by - wisdome (by the gift and goodnesse of almightie God giuen unto men) be auoided: - and that wise physitians have found the meanes to - chaunge the diseases, and to alter feuers contrarie unto their naturall - courses, to the intent the more easily to - cure them, or at leastwise to asswage them; why shouldThe - mine of a Commonweale to be by the wisdome of the gouernour preuented, or - ls warning thereof to be by him in de time giuen unto his subiects. not the wise - polititian, or gouernour of a Commonweale, foreseeing the conuersions and - chaunges which naturally happen unto Commonweales, by good lawes and other - convenient remedies preuent the ruine therof: or if the force of the mischiefe - be so great, and the destruction so certaine, as that it can by no wisdome of - man bee preuented or staied, yet shall he performe that which cunning - physitians doe, who by the Symptomes appearing vpon the criticall dayes, and by - the causes of the disease, doe more certainlie and better guesse of the sicke - mans death in what manner it shall bee: and so yet in good rime giueth thereof - warning unto his ignorant subiects, lest that they should vpon the suddein be - vtterly oppressed with the ruine of the falling Estate and Commonweale. And as the most skilfull Phisitions euen in - the state of the disease,Wisdome neuer discouraged with the - daungers of the Commonweale: so long as they see the state wisely and - dis gouerned. and the greatest griefe - therof, do yet put their patients in greater comfort, if the Symptomes, be good - then if the griefe or fit without them were but easie and gentle; and as to the - contrarie when they see a man in the highest degree of health that may be, they - are then in the greatest feare, lest he should suddenly fall unto some extreame - sicknesse, as the great phisition Hippocrates saith: So - also a wise gouernour of a Commonweale, seeing the state on all sides beset, - 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 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 - confederate cites, which before had continued in their fidelitie and - allegeance, reuolted from the Romaines, following the fortune andWhat opinion wise men had of the distressed estate of the - Romaine Commonwealea, fet 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 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 - 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 - their allies and confederates also unto Hanniball: when - as in deed the Consul should have extenuated the ouerthrow and losse receiued. - Whereas Scipio, who was afterwards called Africanus, to the contrarie with comfortable speeches - then cheered vp diuers of the citisens dispairing of the state of the - Commonweale, and by oath constrained such as were about to have abandoned the - citie, to stay there still, and not to stirre, but resolutely to aduenture - their lives for the defence of their countrie and Commonweale. Neither was - the Senate terrified with the feare of so - many daungers, as wherewith they were on every side beset and inclosed, but - rather seemed with greater wisdome to mannage the Estate than euer it did - before. And albeit that the common people (according to their wonted lightnesse - and foolish ignorance) almost in every towne and city sung the praises of Hanniball, after his so many and so great victories ouer - the Romans: Yet for all that, the Senat of every citie favoured the Romans: For - so saith Liuie, Vnus veluti morbus omnes Italiae populos - inuaserat, vt plebs ab optimatibus dissentiret: Senatus Romanis faueret, - plebs ad Poenos rem traheret, One disease as it were (saith he) had - infected all the people of Italie, viz. That the people still dissented from the nobilitie; the Senat - still favoured the Romanes; and the people - still enclined unto the Carthaginensians. Yea Hiero king - of Siracusa, accounted the wisest prince of his age, did then much more - carefully than before honour and reuerence the amitie and alliance of the - Romaines, not doubting in what he could to helpe and releeue them; yea and in - that their desperat estate amongst other things sent them a statue of Victorie - (of gold) for a present▪ as he which had oftentimes proued the incredible - wisdome of that Senat in the mannaging of their affaires. Wherein a man may - see, that the wiser sort seeing the Romans so aduised and so constant in their - extreme necessitie, and that their lawes were neuer more straightly kept, or - martiall discipline more seuerely observed, (as Polybius - an eyewitnesse of those things, himselfe writeth) were alwaies of opinion that - the issue of their affaires would be good: not - vnlike the wise physition, who seeing favourable Symptomes in the strongest fit - of his patients disease, is yet still in good hope. Whereas Carthage to the - contrarie proud of so many and so great victories, mistres of so many countries - and nations, and placed in the height of all worldly felicitie, was neuer than - then neerer unto ruine and destruction: wherof were most certain tokens, for - that in that Commonweale was no place left either for law or vertue, all things - being done by the popular rage, or vnruly lust of the common people: so that it - must needs shortly after be cast downe headlong from the highest degree of - honour, and become subiect unto the Romans, as not long after it did, Scipio beeing then their generall. - -

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Wherefore the first rule for the keeping and preseruing of Commonweales inThe first rule for the keeping and preseruing of Commonweales - in their estates. their estates, is well to know the nature of every - Commonweale, together with the diseases incident unto them: whereof we have - more at large discoursed in the former Booke. For it is not enough to know - which kind of Commonweale is better than other, but it behoueth vs also to know - the meanes how to maintaine euerie one of them in their estate, if it be not in - our power to chaunge the same, or that in chaunging thereof we shall put all to - the hasard of vtter ruine and decay. For whie, it is better to have an euill - Commonweale than none at all: as with convenient diet in someViolent remedies neuer to be used but in desperat - diseases. sort to preserue the sicke man, than by applying of - medicines to an incurable disease so to take away his life quite. For as - 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 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 - be good for the maintenance of a Monarchie, and yet fit for to ruinat a Popular - estate: as other also there bee good for the preseruation of the Popular - liberty, & yet most fitly seruing for the ouerthrow of a Monarchy: for that - those Estates by nature contrary, are by quite contrary laws both maintained and ruinated.

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And albeit ihat some lawes there be good and indifferent to all sorts of - Commonweales, yet so it is, that the antient question of right wise Polititians - is not yet well resolved, viz. Whether a new law being - better, be to be preferred before an old antient law - - A notable question. - - that is worse? For the law be it neuer so good, is - nothing worth if it cary with it a contempt of it selfe, or of the rest of the - lawes: Now so it is, that newnesse in matter ofAuntient - lawes though worse still of greater esteeme and reuerence than the new - though better. lawes is alwayes contemptible, whereas to the - contrary, the reuerence of antiquity is so great, as that it giueth strength - enough unto a law to cause it to be of it selfe obeyed, without the authority of any Magistrat at all ioyned unto it: whereas new - edicts and lawes with all the threats and - penalties annexed unto them, and all that the Magistrats can do, cannot but - with great difficulty find intertainment: in such sort, as that the fruit we - are to receiue of a new edict or law, is not oft times so great, as the harme - which the contempt of the rest of the lawes draweth after it for the nouelty of - some one. And to make the matter short, there is nothing more difficult to - handle, nor more doubtful in euent, nor more dangerous to mannage, than to - bring in new decrees or lawes. And this reason seemeth unto me very - considerable, but yet I will set downe another of no lesse weight, which is, - That all the change of laws concerning the estate is dangerous: For to chaunge - the customes and lawes concerning inheritance, contracts, or seruitude from - euill to good, is in some sort tollerable; but to chaunge the laws which - concerne - - Auntient lawes concerning the estate of a Commonweale not to - be without great daunger altered. the estare, is as daungerous, as to - remoue the foundation or corner stones which vphold the whole weight or burthen - of the buildings; in which doing▪ the whole fabrike is to be sore shaken, and - beside the daunger of falling, receiueth more hurt by the shaking thereof, than - it doth good by the new repairation, especially if it bee now become old and - ruinous. For euen so it is in a Commonweale now alreadie growne old, wherein if - a man neuer so little remoue the foundations that vpholdeth the same, he is in - great danger of the ruine therof. For the antient maxime of the most wise - polititians ought wel to be waied, That we must not change - any thing in the laws of a Commonweale which hath long maintained it selfe - in good estate, whatsoeuer apparent profit may bee thereby pretended. - And for these causes the old law of the Athcnians, which was afterward - also receiued in Rome, and passed in force - of a law, published at the request of Publius Philo, was - the most necessarie law that could be in a Commonweale, viz. That it should not be lawfull for any person vpon paine of death - to present any request unto the people, without the priuitie of the Senat. - Which law is yet better kept in Venice than in any place of the world els, - whereas it is not permitted so much as to present any request euen unto the - Senat, without the aduise of the councell of the Sages. And yetThe extreame daunger he was in, which moued any new law amongst - the Locrensians. in the Commonweale of the Locrensians, this law was - much straiter, Where he which would present any request, to have it passe in - force of a law, was constrained to moue it before the people with a rope about - his neck, wherewith hee was there vpon the place to be strangled, if he - preuailed not to proue the law by him moued to be good and profitable - for the Commonweale. Which was the cause - that this estate for a most long time stood and flourished, without any thing - added or diminished to or from the most antient laws and customes thereof, no - man daring to propound any new law to passe, vntill that one of the citisens - which had but one 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, 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 - the people moued (though with much a do) enacted the law. Whereby yet nothing was derogated from the law called Lex talioni - - (or the law of like punishment) which was then common to almost all - nations: For why, it was reason that hee which had maliciously depriued another - man of his sight, should himselfe be depriued of his owne sight also.

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Now if any man should say, That many lawes must oft times of necessitie bee - changed,Lawes concerning ordinarie pollicie may oftntimes be changed but not lawes concerning the - estate. as the lawes concerning victuals, or the bringing in, or - carrying out of marchandise, or concerning the augmenting or diminishing of the - punishment to bee inflicted vpon offendors, which are euen in a short time to - be chaunged; I therein agree with him, for that - necessitie hath no law: first, if new lawes giue good hope of fruit and profit - of them to arise, as of good corne yet in - the blade, then are they not to be reiected: but here question is not of lawes - concerning ordinarie policie, but of such as concerne the very estate it selfe. - Which I both would and wish, if possibly it might be, that they should still be - most firme and immutable: not for that the Commonweale ought to serue the laws, - seeing that they are al made for the maintenance of the Commonweale, and of the - societie of men: neither that any man wisheth the safetie and preseruation of - the lawes, but for the Commonweales sake. For why, the first and chiefe law of - allThe chiefe lawe of all Commonweales. - Commonweales, is this, SALVS POPVLI SVPREMA LEX ESTO, The welfare of the - people, let that be the last law. For what reason moued Themistocles to fortifie the citie of Athens with walles and - bulwarkes, euen the verie same reason induced - - Theramenes to persuade the Athenians to rase their - walles, viz. the welfare of the people: whereas - otherwise the Lacedemonians had vndone the citisens together with the citie. - Wherefore no law is so sacred, but that vpon vrgent necessitie it is to be - changed. And therefore Solon after he had published his - 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 - 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 - afterwards neuer returned, but went himselfe into voluntarie exile, out of his - natiue countrey; so to bind his citisens so much as possible was to the - perpetuall - - Better to suffer euill lawes by little and little to growe - out of vse; then vpon the soden with daunger to abrogate them all at - once▪ keeping of his lawes. And albeit that the iniquitie of some - auntient law bee by right euident, yet is it better to endure it, vntill that - it in time by little and little of it selfe loose the force, than vpon the - sudden by violence to repeale it. For so did the Romans by many the lawes of - the twelue tables, which they would not abrogat, but onely by not obseruing - them, in that they were vnprofitable or vniust, suffered them so to grow out of - vse: which they so did, least in abrogating of them, they might seeme to - impaire the credit and authoritie of the rest of the same lawes. Yet after that - they had by tract of time bene of long buried as it were in obliuion (which was - seuen hundred yeares after that they were first published) it was at the motion - of Aebutius the Tribune, decreed, That such of those - lawes as were as it were of themselves growne out of vse, should be reputed as repealed and abrogated, to the end that no - man should with them yet standing in force be entangled.

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But for that the nature of man as of all other worldly things also, is most - slipperi - - Neither are old lawes to be altogether sodenly without - daunger abrogated: or newe lawes rashly stablished. and vnconstant, running still headlong from good to - euill, and from euill to worse; vices by little and little still encreasing, - not vnlike unto euill humors, which without sencible feeling encrease mans - bodie, vntill it be full of them, breedeth in it many most daungerous diseases, - and so at length bringeth it unto vtter destruction. For remedie where of new - lawes must of necessitie be deuised: which must yet for all that by little and - little be done, and not violently all at once. As Agis - king of Lacedemonia vnwisely attempted to have done: who desiring to - reestablish in the Commonweale the auntient - discipline of Lycurgus, now by the negligence of the - magistrats almost grown quite out of vse, caused all the obligations and - scedules of priuat men to be vppon a sudden brought out & burnt: which - done, he was about to have proceeded to the making of a new diuision of lands, - to the end to have so made an equalitie of wealth and goods amongst the - citisens, as Lycurgus had before done: which although it - were a thing desired of many in the Lacedemonian Commonweale (which had indeed - so bene founded) yet so it was, that in making too much hast in the doing - thereof, he not onely fell from his hope, but thereby kindled such a fire of - sedition also, as burnt vp his whole house, and so - 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, 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 - another, as had Lycurgus done before him; and then to - have forbidden them the vse of gold and siluer, that so it might have growne - into as little estimation as iron: and in some time after that, to have - forbidden all sumptuousnesse in apparell, and rich furniture, and not at once - to have encroached vpon the libertie of the people, to have proued their - patience, and chaunged their discipline: For that to vse such a violent letting - of blood, before the corrupt humors purged, - or so strong a medicine, before any preparatiue giuen, is not the way to cure - the diseases, but to kill the diseased. Wherefore in the gouernments of - Commonweales, and healing the diseases thereof, we must imitat not the - Physitians onely, but euen nature it selfe, or rather the great God of nature - whom we see to do all things by little and little, and almost insensibly. The - Venetians right wisely during the life of Augustin - Barbarin their duke, attempted not in any thing to abridge his power, - though by them much misliked and feared; least in so doing they should - eithe have offered some disgrace unto him their - prince, now growne old, or els have raised some new sturres, and so have - troubled the quiet of their Commonweale. But he once dead, before they - proceeded unto the new election of Loredan, - - the seignorie caused such new lawes and - decrees to be published, as whereby the power of the dukes was right greatly - impeired and diminished. The same wee have shewed also to have bene done in the - elections of the German emperours, the kings of Polonia, and of Denmarke, who - of soueraigne Monarches are now brought unto the small estates of Generals in - chiefe, some of them more, and some lesse: which the more closely to hide, they - have left unto them the imperiall and roiall markes and cognisances in their - habits, in their titles and ceremonies, but in few things els in effect and - deed.

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But as it is a daungerous thing for the subiects all at once to abridge or cut - shortDangerous for a prince vpon the soden to displace or - caste offe the anntient seruitor of his predecessours, or great magistrats - of the estate. the power of a soueraigne prince or magistrat, who yet - hath the power in his hand: so is it also no lesse daungerous for a prince vpon - the sudden to displace or cast off the antient - seruitors of his predecessours, or els at once to thrust out some part of the - great magistrats and officers of the estate, and to retaine the rest, they - which are new chosen or retained, resting ouer charged with enuie, and the - other with euill doing or ignorance, and withall depriued of the honour and - good, which they have bought full deere. And it may be that one of the fairest - foundations of this monarchy is, that the king dying, the officers of the - crowne continue still in their charge, who by that means still maintaine the - Commonweale in the estate thereof. And albeit that the officers of the kings - house be at the pleasure of the successour to be chaunged, so ought hee yet - 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 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 - to succeed him in the empire and gouernment of the state. All which perils and - daungers are lesse to be feared in an Aristocratike or Popular estate, for that - in them they which have the soueraigntie neuer die; howbeit that there is in - them no lesse danger in chaunging of their soueraigne - magistrats, or generals (as we have before declared) or in making of lawes which may tend to the impairtng of the power of - the people▪ or which may any way seeme profitable unto the nobilitie, and - preiudiciall or hurtfull unto the people: or in case that victuals and - prouisions faile, or that some great extreame dearth arise; in which cases - there is alwaies daunger of popular commotions and rebellions. So thatAll alterations of lawes or other great matters in a - Commonweale are best to be made by little and little. in briefe, when - question is for the displacing of great magistrats, or for the suppressing of - corporations or colledges, or for the cutting short of priuileges, or the - augmenting of punishments, or for the reforming of disorders amongst the - people, or for the calling of great men to account, or for the reducing of - religion to▪ the former course and beginning thereof; which by succession of - time, following the naturall corruption of man, hath bin altered & changed - from the first puritie therof: there is no better means than to come thereunto by little and little, without forcing of - any thing, if it were possible, as by way of suppression. Whereof we have a - notable example of king Charles the fift (euen he that - was surnamed the Wise) who at such time as he was Regent in France (his father - being as then prisoner in England) by the euill councell of some, ignorant in - matters of estate, at one chop suspended all the officers in Fraunce, of whome - also hee suppressed the greatest part, appointing fiftie commissioners for the - hearing of such accusations as should be laid against them for the extortion - and briberie by them committed and used: whereupon all Fraunce was in such - tumult and vpore (for the infinit number that then - were of male contents) as that shortly after for remedie thereof, hee - by a decree in the high court of parliament - at Paris, whereunto all the nobilitie were assembled, abrogated the former law. - Which decree is yet extant in the act of that his court, to this effect and - purpose, Cùm regiae potestati & procurationi, quam - gerimus, non modò quae ab alijs, sed etiam quae a nobis ipsis & in - Rempublicam, & in singulos peccantur emendare consentaneum sit, rebus - planè perspectis & cognitis, quae de imperio magistratibus adempto noua - lege iussimus, placet abrogari; vt quidem abrogamus, & apertè - declaramus, legis illius, quae importunis quorumdam rogationibus erepta est, - nullam vim fore, & quae acta gesta sunt, cum magno nostro dolore acta - gesta fuisse; nec illam magistratuum ac honorum abrogationem, quam non iure - factam esse censitemur cuiquam fraudi esse: aut cuiusquam ius ac dignitatem - violare nos vlla ex parte voluisse: ac proinde legem illam iure a nobis - - - - rescindi & abrogaritestamur, vt omnibus magistratibus - salua omnia & integra restituantur, Whereas by the regall power and - authoritie which we beare, it is fitting for vs to correct and amend, not onely - such things as by others, but euen by our selues also are trespassed against - the Commonweale, or other men in particular: all things throughly looked into, - and tried, our pleasure is, That what we have by a new law commaunded - concerning power and authoritie taken from the magistrats, to be againe - abrogated, as indeed we abrogat, and plainely declare the force of that law - (which was by the importunat suit of some wrested from vs) to be nothing: and - that such things as were then done, to have bene done to our great griefe: - neither that that depriuation of offices or honours, which we confesse to have - bene not lawfully done, to bee impued to any man: neither that our will was in any part to - violat any mans right or honour: And therefore we freely protest, that new law - to be of vs rightly repealed and abrogated: and that so all things safe and - whole, may so againe bee unto the magistrats restored. And thus much he. But - Charles the ninth comming unto the crowne, and seeing - the number of officers through the libertie of the times growne almost infinit, - toThe wise course taken of Charles the IX for the abating - of the infinite number of officers in the Commonweale. the great hurt - of the Commonweale, in such sort, as that it seemed a thing almost necessarie - to have depriued them of their honours and fees, yet did he not so, for that it - could not without great iniurie be done, when as the money they had before paid - for them, could not by reason of the want of coine in the common treasurie, bee - againe repaid unto them: neither if it could have - bene, could he yet be without imputation & - disgrace, that was so without cause displaced. Besides that, unto many their - credit & reputation was in more esteeme & deerer than was their profit, - and much the more was it to be feared, that if they should both of their money - and preferment be together spoiled, least their present credit and profit being - impaired, and the hope also of the recouerie of the money they had paid lost▪ - should minister unto many of them occasions for them to raise rebellions and - new sturres in the estate of the Commonweale. Wherefore the want of money in - the common treasurie profited vs then mindfull of other things, and fortune so - favoured our vnskilfulnesse and ignorance, as in auntient time it did a - painter, who painting of an horse, when as he not knowing how cunningly to - expresse the foame of the horses mouth, and wearie of his worke not well - sorting to his mind, in an anger cast his wet - spunge at it, and so by fortune expressed that which he by cunning could not - do: euen so it pleased that king to lessen the multitude of his officers stil - as they died, by chusing no new in their steads, when as he could not againe - restore unto them the money they had paid for their offices; neither yet if the - princes wealth &Not good for a prince to vse the - greatnesse of his power in displacing of the great officers of his realme - and state. power had bene so great, as with his becke or a wink of - his eye, to cause all his subiects to tremble, and so to be able to doe what - thing soeuer he list, should he yet seeme to do wisely by force to take away - the offices and places before sold unto his magistrats and officers: For that - not onely they which have receiued the iniurie, but euen other his subiects - also, are oft times much moued and incensed with iniuries and wrongs done unto - 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 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 - should die both for themselves and their successors, expresly forbidding any - new to be chosen in their places; that so by that meanes their colledges might - by little and little by the death of the fellowes be extinguished. Whereby it - came to passe, that all the rest of the Carthusians of their owne accord - forsaking their cloister, yet one of them all alone for along time remained - therein, and so quietly and without any disturbance held the right of his - couent, being neuer enforced to chaunge - either his place, his habit, or old ceremonies, or religion before by him - receiued. The like order was taken at Coire in the diet of the Grisons: wherin - it was decreed, That the ministers of the reformed religion should be - maintained of the profits and reuenewes of the church, the religious men yet - neuerthelesse still remaining in their cloisters and couents, to bee by their - death suppressed, they being now prohibited to chuse any new in stead of them - which were dead: as I have learned by the letters of the ambassadour of - Fraunce, who was then at Coire. By which meanes both they which professed the - 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) - 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 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 having - giuen leaue for the free exercise of the new religion in this realme 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 - returne unto their cloisters: which seemed to be a thing directly contrarie - 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 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 - and customes, are excluded and shut out from all hope of inheritance.

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But now that which we have said, That the multitude of officers, or of - colleges, and companies, of priuileges, or of - wicked men, which through the sufferance of princes, or the negligence of the - magistrat, are by little and little growne to the hurt of the Commonweale, are - by the same meane to be againe suppressed; hath place in all things which - concerne the publike state, and hath a reference unto the nature of the - lawes,The best and surest way for the suppressing of a - tyrant. which have no force nor effect but for the time to come. And - albeit that tyrannie bee a thing most cruell and detestable, yet so it is, that - the surest way and meane to suppresse the same, if the tyrant have neither - children nor brethren to succeed him, is together with the death of the tyrant - to abolish also the tyrannicall gouernment; & not by force whilest he yet - liveth to striue to take from him the gouernment, with the hazard of the - ruine of the whole estate, as oftentimes it - chaunceth. But if the tyrant have children, and doth what he may to destroy the - good, and to put the great men one after another to death (as Tarquin the proud, and other tyrants following his steps used commonly - to doe) or to suppresse the magistrats or other great officers which might stay - the course of his tyrannie, to the end that hee may without let or controlement - doe whatsoeuer him pleaseth: then in this ease violent remedies are to bee - used, but with such limitation and restriction as we have before set downe, and - not otherwise, least so wee might seeme rashly to arme the subiects against - their princes.

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We ought then in the gouernment of a well ordered estate and Commonweale,The wise polititian in the gouernment of the estate is to - imitate the works of God in nature who by litle and litle bringeth great - things to perfection. to imitat and follow the great God of nature, - who in all things proceedeth easily and by - little and little, who of a little seed causeth to grow a tree for height and - greatnesse right admirable, and yet for all that insensibly; and still by - meanes conioyning the extremities of nature, as by putting the Spring betwixt - Winter and Sommer, and Autumne betwixt Sommer and Winter, moderating the - extremities of the times and seasons, which the selfe same wisedome which he - vseth in all other things also, and that in such sort, as that no violent force - or course therein appeareth. But if it be oftentimes daungerous to chaunge the - lawes of an estate or Commonweale, as wee have before declared: Let vs now see - also, if it be not in like sort daungerous oftentimes to chaungethe - magistrates, or that it is much better to have them perpetuall and without chaunge.

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- - - - - - CHAP. IIII. - - ¶ Whether it be better in a Commonweale to - have the Magistrats still chaungeable, or else perpetuall. - -

- - FOrasmuch as both cities, citisens, and - Commonweales, vse commonly to be for nothing more turmoiled and troubled than - by men for the obtaining of offices and honours, mee thinke this question to - bee one of the most profitable and most necessarie of any that can be made in - matter of estate, Whether it be better to have annuall or - perpetuall Magistrats - - - - 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 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 - heretofore have better sounded the proceeding and consequence thereof. Neither - is it mine intent or purpose, either to propound and moue this question, to - giue foot unto them which would chaunge the laws alreadie receiued, which the - subiects ought to hold for good and wholesome in euerie Commonweale▪ nor for any desire I have to chaunge the estate of - Commonweals alreadie established, which have continued by long succession and - course of yeares.

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Now the first and strongest reason that is to be had to make the magistrats and - officersReasons to show that magistrats ought not to be - perpetuall. annuall, is, for that the first and principall end of - euerie Commonweale ought to consist in vertue: and that the scope of euerie - good and true law▪ giuer, is to make his subiects vertuous. Which to attaine - unto, it behoueth him to propound unto the viewRewards for - vertue ought to be unto all men common. and sight of the whole world, - the rewards of vertue, as the marke whereat euerie man ought to aime in best - sort he can.

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Now most certaine it is, that honour is no other thing than the reward and - prize of vertue, which neither ought nor can by the counterpoise of profit be - esteemed: wheras rather to the contrarie - vertue hath no more capital an enemie, than profit deuised to arise by honour. - If then the honourable preferments, offices and commissions bee taken out of - publique place, to be alwayes enclosed & shut vp within the particular - houses of most vnworthy men, who for favour or money carrie away the same; it - is not then to be thought vertue in that estate to be the prize, the corrupt - nature of man being such as is right hardly to be drawne unto vertue, what - reward or prise soeuer bee deuised for the alluring of men thereto. And thus - much for the first point, which ought to moue princes and wise law giuers, to - set preferments, offices, and all such other the rewards of vertue, in the eye - of all the world, and so to diuide them amongst their subiects, to every man - according to his deserts, which they cannot do, if they grant them unto men in perpetuities.

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Another point which the wise law giuer ought still to have before his eyes, is, - ToThe root of sedition is by all meanes to be cut vp in a - Commonweale which can hardly be where magistrats and officers be - perpetuall. cut vp the roots, and to take away the seedes of civill - sedition, so to maintaine his subiects in good peace and amitie amongst - themselves, and one of them with another. Which is a matter of such weight, as - that many have thought it to bee the onely end which the good law maker ought - to hope after. For albeit that vertue may oftentimes be banished out of - Commonweales, for men to live in a disordered licentiousnesse of all kind of - voluptuous pleasures: yet in that all men agree, that there is no more - daungerous a plague unto Commonweales, than civill - sedition and discord. Forasmuch as it draweth - after it the common ruine aswell of the good as of the bad. Now so it is, that - the first and principall cause of sedition, is inequalitie; as to the contrarie - the mother nurse of peace and amitie, is equalitie; which is no other thing - than naturall equitie, distributing rewards, preferments, honours, and all - other things common unto the subiects indifferently, and in the best sort that - may be. From which equalitie the very theeves and robbers themselves may in no - wise depart, if they meane to live together. Hee therefore that shall diuide - the honours and offices of estate unto a small number of men, as needs it must - be, when they are giuen for tearme of life, hee I say hath lighted the greatest - flames of ielousie of one of them against another, and the greatest fire of - sedition that can possibly be raised in a Commonweale. - -

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Now if there were no more but the two reasons before alleaged, viz. The enioyingPerpetuitie of - offices the caus of impunitie of the great - 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 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 - that the due punishment by the lawes appointed for offendors are thereby also - impeached, or rather quite abolished: Whereof the wise law giuer ought to have - a greater regard than of the rewards to vertue due▪ For that the wise and - accomplished man looketh for no other reward - of his vertuous actions, more than vertue it selfe: which a man cannot say of - vice, neither of the vitious. And for this cause the lawes both of God and man, - euen from the first unto the last, have commaunded nothing more, than the - punishment of the wicked. And what punishment should a man do vppon them, who - are alwaies so high mounted, as that it is impossible to come nigh them? Who - shall accuse them? who shall imprison them? who shall condemne them? Shall - their companions or fellowes in power? will they cut their owne armes, or rip - their owne entrals? beleeue it they will neuer be so euill aduised. What if the - great ones bee also partakers of their foule robberies, villanies, and - extortion? how shall they then punish the - others? they will rather blush for shame, and be touched with compassion of - them which are like unto themselves, than with the hainousnesse of the offences - be enduced to take of them punishment. But if any there be so hardie as to - accuse, yea or but so much as to complaine of one of these demie gods, he is in - daunger of his life, as a false enformer, if hee by proofe cleerer than the - sunne it selfe, proue not villanies done in most obscure darkenesse: and admit - that all be by them well proued, and that the guiltie magistrat be conuinced - 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 five hundred yeres be brought to execution. - -

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But if the magistrats were annuall, it is most certaine, that the feare to be - called to account,Great magistrat - and officers in doubt to be called to account where they are but - annuall. would alwaies keepe them in awe, and that they would tremble - and quake as often as they heard that thundering threatning which the Tribunes - of the people made to Manlius, Priuatum rationem rerum ab se - gestarum redditurum, quoniam Consulnoluisset, That he being a priuat - man, should giue account of such things as hee had done, for that he would not - so do being Consull. And indeed what could a man see more faire, than them - which had but a little before administred iustice, and taken charge of the - common treasure, with other such publike offices, after that they had put off - their robes of dignitie, to come in their common - attire as priuat men, to giue an account of - their actions done in the time of their magistracie. And this is it for which - Plutarch hath so highly commended the custome of the - auntient Romans, who animated the young men to commence their publike - accusations against such as had euill acquited themselves in their publike - charges, setting them on as grayhounds vpon wolues, or other wild beasts. In - which doing not onely the offendors were punished, but euerie man else also - vpon an emulation and strife, as it were endeuoured him to doe well; but - especially they, who had themselves accused others, as well assured that there - neuer wanted some, who still right narrowly looked into all their doings, so - that it much concerned them to beare themselves most vprightly in the whole - course of their lives. Which benefits those estates and Commonweales must - neeedes want, which have their magistrats - perpetuall, or for tearme of life. For which cause the emperour Claudius wisely renewed an old edict or law, then growne - out of vse: which was, That hee to whome the gouernment of any prouince was by - lot fallen (as the maner was) should forthwith, all excuses set apart, go unto - his charge; and that the time of his authoritie and charge once expired, he - should not forthwith take vppon him any other new publike charge or gouernment, - to the intent that the euill behauiour or extortion of the magistrats should - not by such continuation of their power and authoritie remaine vnpunished. For - whatsoeuer decrees or lawes bee made, the euill magistrats would stillEuill magistrats most commonly hold together. keepe the - power in their hands, and doe what they can one for another; in such sort - strengthening themselves, as that is a thing almost impossible to have of them - any reason. Which was the cause that moued Hannibal that great captaine to present a request unto - the people of Carthage, To make their judges annuall, which before held their - places for tearme of life, and that none of them should keepe his place two - yeares together, as Liuie reporteth, whose words we - thought good thus here to set downe, Iudicum or do ea - tempestate dominabatur Carthagine, eo maximè quòd ijdem perpetui iudices: - res, fama, vitaque omnium in illorum potestate erat; qui vnum eius ordinis, - & omnes aduersos habebat. horum in tam impotenti regno Praetor - factus Annibal, vocare ad se Quaestorem; idem pro - nihilo habuit; nam aduersae factionis erat: & quia ex qustura in iudices potentissimum ordinem referuntur, - iam pro futuris mox opibus animos gerebant: id indignum ratus Annibal, - viatorem ad prehendendum Quaestorem misit, subductumque - in - - - - concionem non ipsum magis quam ordinem iudicum (prae quorum - superbia atque opibus nec leges quicquam essent, nec magistratus) accusauit, - & vt secundis auribus accipi orationem animaduertit, legem extemplo - promulgauit pertulitque, The order or companie of the judges (saith he) - did at that time beare all the sway at Carthage; and well the more, for that - the selfe same men were still perpetuall judges: euerie mans wealth, fame, and - life, was in their power; he that had one of them of that order against him, - had them al his enemies. In this their so insolent a raigne Hannibal being made Pretor, conuented one of the Questors, or publike - receiuers before him, which made thereof no reckoning, for why, he was of the - contrarie faction unto him: and forasmuch as out of the Questors choyce was - 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 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 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 - refused one of them, hee must in so doing refuse the whole bench of them also. - As not many yeares ago in the court of Paris (which at this time consisteth of - an hundred and fiftie judges) in a suit betwixt Chr. - Thuan, chiefe justice in that court, and Iohn - Tili, register of the court (who tooke vpon him the defence of his - daughter being absent) were, for alliance onely, threescore judges on the one - side, and two and fortie on the other, chalenged and reiected▪ and all vpon the - same bench. And for this cause it was ordained in the assembly of the estates - of the countrey of Languedoc, holden at - Montpelier in the yeare 1556, where then I was, and charge there giuen to Iohn Durande, atturney for that country, That amongst - other his instructions, he should especially moue the king, that it might - please him to ordaine, that the nie kinsmen or other of alliance unto the - judges, should not from thenceforth be admitted unto the same bench, neither - into the same court. Which same request foure yeares after, was by the estates - of Fraunce presented unto the king in the parliament at Orleance, howbeit that - nothing could therein bee obtained, neither can be, so long as honours and - preferments are in perpetuitie giuen in the Commonweale. For it is now two - hundred and fiftie yeares since that king Charles the - fift, and before him Philip the Faire had ordained, That no man should bee judge in - theThat o man should be a iudg - in his owne countrie. same countrey wherein he was borne: as in like - case Marcus Aurelius made an edict, That no man should - be gouernour in his owne countrey. Of which law the profit was thought so - great, as that he would have the same afterwards extended euen unto them which - were but councellours or assistants unto the gouernours of countries: which was - a thing then wel put in execution, as it is at this present in Spaine, & in - mostThe ordinarie iudges in Italie straungers. of - the cities in Italie, where the ordinarie judge is most commonly a stranger. - Which was also by the ambassadours of Moscouie requested of the estates of - Polonia. Howbeit that the decrees of our kings concerning those matters, were - quickly buried, after that the publike offices and charges began to be with vs - giuen for tearme of life. And not to search - further into the edicts of the Roman emperours, we find also in Caesar his - - Lib. 7. Commentaries, that the auntient - Gaules, and namely they of Autun, had amongst them an inuiolable law, which - expresly forbad the magistrats to be continued in their places aboue one yeare, - and that two of one familie could not be magistrats together, nor yet one of - them, so long as the other who had alreadie bene magistrat should live. And - that more is, it was alwaies expresly forbidden, That two of one familie might - be councellors together, neither yet one of them, so long as the other who had - alreadie so bene a councellour was alive.

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Moreouer the thing which ought of all others to be most recommended unto - allThe great office and - preferments of the Commonweale giuen in perpetuitie breedeth a carelesnes of - the Common good both in the magistrats themselves and others subiects - in generall, & euerie one of them in particular, is the preseruation of the - Commonweale. And what regard or care of the - publike good should they have, which therein have no part? Such as are - 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 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 - case should be but laughed at, and derided as a foole, which should take more - care of the common welfare than of his owne. As for - them who alreadie enioy the publike - 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, 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 - wisedome and happinesse, which men altogether wrapped vp in worldly affaires, - neuer so much as once dreamed or tasted of; and yet for all that this is the - end, this is the scope, this the chiefe point of all mans felicitie. - -

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And yet besides these three, there is another great inconuenience also, in that - officesOne man to have many offices and especially in - perpetuitie, not good for the Commonweale. and preferments are in - Commonweales graunted unto men for tearme of life: that is to wit, that some - few would have all, and some one would possesse himselfe of many publike - charges and offices at once; as it was in auntient time permitted them in - Carthage: which for all that seemed both unto Plato and - Aristotle a thing right daungerous, For that it is an - hard matter for one man well to discharge one office, but well to discharge - many no one man can; and is therefore in euerie well ordered Commonweale a - thing forbidden. Howbeit that the ambitious desires of men alwayes passeth - beyond the prohibitions of the lawes, the most vnworthy most commonly burning - with the hoatest flames of ambition; not vnlike the weake stomacke, which is - alwaies more desirous of meat which it cannot - disgest, than is the stomacke which can better disgest it: thinking it not to - stand with their honor and reputation to stay in the meane, or to abate any of - their titles and dignities, but contrariwise to mount still higher and higher. - In so much that the seigneurie of Venice in some sort to satisfie the ambition - of the citisens, gaue leaue unto him which had borne a greater office, to - refuse the lesse being laid vpon him: which is a daungerous course, to measure - the publike charges and offices, by the foot of the subiects ambition, and not - by the common profit.

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Then how much more daungerous is it, to make the magistrats and publike charges - perpetuall, onely to serue the ambitious desires of some, and so to make the - Commonweale subiect unto the desire and pleasure of some few? For why, it is to - be feared least that they who can neuer - satisfie their immoderat desires with the multitude of offices and publike - charges, but had rather to burst at the table of ambition, than in time to - withdraw themselves: It is (I say) to be feared least some hungrie fellowes - shall at length say unto them, Depart you hence; or if they will not so doe, - plucke them away by force, not without their owne daungers, and troubling of - the quiet estate of the Commonweale. At the assemblies of the estates of Rome - into the place called Campus - - Old mn in danger to be thrust off - the bridges. - - Martius, for the chusing of their cheife magistrats, and - other their great officers, certaine narrow bridges were in diuers places laid - for the citisens to passe ouer by, that so the little tables wherein their - voices were contained, might the better be of them receiued: at which time such - as were threescore yeares old, were still warned to giue place, and not to come to giue their voices, least haply - they might by the multitude of the younger sort be oppressed: and not for that - such old men were cast headlong from off the bridges into the riuer, as some - have thought. But how much more seemely were it for them which have quietly of - long enioyed the great offices and preferments in the Commonweale, and which - are now growne old therein, sweetly to retire themselves out of those high - places, than violently to be thrust out by others? especially considering that - there is no place more slipperie or daungerous, than are the places of honour - and commaund. Besides that (which worse is) such ambitious men in their falling - draw after them the fall of many others also, - 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 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 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 - continued, as that all Italie and Spaine was - embrued with blood, not onely the captaines and chiefe commaunders of Marius his faction being by Sylla - slaine, but euen his companions, friends, and kinsmen also, being most - 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 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 - they not by force of armes (though not without - great daunger of the state) bene againe remoued.

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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 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 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 - placeant, That you may know (said he) how little long lasting - authoritie and power please me. And for the same occasion the law Cornelia, - 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 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 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 - sence writeth, Antiquitas, prouinciarum dignitatem voluit - annua successione reparari, vt nec diutina potestate vnus in solesceret, - & multorum prouectus gaudia reperiret, Antiquitie (saith he) would - the honour of the prouinces to be repaired with annuall succession, in such - sort as that one man should neither grow insolent with long power, and preferment be a comfort to many. And haply it was not - one of the least causes that the Assyrian and - Persian empires stood so long, for that they euerie yeare chaunged their - lieutenants and generals.

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But how then commeth it to passe, that euen children by way of complaint sue - toGreat inconueniences ensuing by making of offices and - dignities hereditarie. be maintained and kept in the possession of - the honours and estates that their fathers and grandfathers had? As in fact - hath bene seene in the constables of Campagne, of Normandie, and of Britaigne: - in the marshals De la Foy, as they tearme them, in the great chamberlaines, and - other infinit, euen unto the sergeants sees of Normandie, as I have before - noted. And namely in Aniou, Touraine, and Maine, the house of Roches had made - the offices of bailifes and stewards hereditarie, had not Lewes the ninth reuoked them, and made them mutable and iusticiable, - by his decree in the yeare 1256. The like is - done in Principalities, Dukedomes, Marquisats, and Earledomes, which now are - had in perpetuitie, which before were holden but by way of commission, and that - during the princes pleasure, which at the first were but annuall, but - afterwards perpetuall: and at last by the favour of our kings are become - hereditarie. Howbeit that other people also as well as we, have in the same - errour offended. So that there is almost no place in all Europe (except in - England) where offices and dignities are not now hereditarie, in such sort as - that commaunding power and authoritie, with the administration of iustice, is - by right of succession fallen euen unto women and children, and so of a thing - publike made particular, and to be sold to him that wil giue most, as it must - needs be, being once brought into the forme of a patrimonie, which hath giuen - occasion more boldly to trucke all estates - and offices, when as men see by the lawes and customes euen sacred iustice it - selfe prophaned, and set to sale to him that will giue most: Of which - inconueniences is proceeded the euill custome of making of all estates and - offices perpetuall. For one should doe iniurie to take an office from a - marchant, and not restore unto him againe the money that he paid for it. Thus - we see the dangers and absurdities one of them as it were linked in another, by - the making of the estates and offices of the Commonweale perpetuall. Besides - which reasons by me alleaged, we have also the authoritie of the greatest Law - makers, Philosophers, and Lawyers, as also the examples of almost all the - auntienr Commonweales; as namely, of the Athenians, the Romans, the Celtes, and - others infinit, who have flourished, and do - yet flourish in diuers places of Italie, Swisserland, and Germanie, as also the - authoritie of Sir Thomas Moore, chauncellour of England, - who in the Commonweale by him deuised, maketh all the magistrats and officers - therein annuall, some from six monethis to six monethes, and othersome from two - monethes to two monethes, and all to auoid the inconueniences which I have - before spoke of. And these reasons they for most part vse, which say, That - magistrats and officers should not be in a Commonweale perpetuall.

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But now on the other side, they which maintaine it to bee more for 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 - 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 - they which have the choice of the magistrats, commit not the publike charge but - unto men knowne to be of good experience, yet seeing so many holy daies, dayes - not iudiciall, vacations, daies of election, and of triumph, as take vp a great - part of the yeares, as well the publike as mens priuat actions must therewith - needs be trobled, warres begun be delaid, iudgements - interrupted, actions of the wicked abolished, punishments deferred, & in briefe the Commonweal in the greatest - 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 - 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; - Mutis (saith Liuie) contentionibus & in Senatu, & ad populum acta res est: - postremò eò deducta vt Senatui permitterent: patres igitur iurati (sic enim - conuenerat) censuerunt vt Consules prouincias inter se compararent, The - matter (saith he) was with great contention debated, both in the Senat, and before the people; at length it was - brought to that point, as that the people committed it unto the Senat: - wherefore the Senators beeing sworne (for so it was agreed) determined, That - the Consuls should diuide the prouinces betwixt them. Which was a great - noueltie to sweare the Senat thereunto. But Scipio - understanding of the decree of the Senat, whereby one of the Consuls was - forthwith to succeed him, without farther delay concluded a peace, more to the - aduantage of the enemie than hee would otherwise have done, if hee had not - feared least his successour should have carried away from him the glorie and - honour of his victorie, as it is reported himselfe to have oftentimes said. So - the warre against king Mithridates was protracted - aboue twentie yeares, by reason of the - continuall chaunging of the Roman Generals, the enemie in the meane while (many - faire opportunities by him offered, and by the Romans neglected) farre and wide - extending his dominion and empire. Yea sometimes the Generall was to giue vp - his charge, when hee was euen vppon the point to ioyne battell with the enemie, - although he had none appointed to succeed him: as it happened unto the great - captaines Epaminondas and Pelopidas, whose charge expired euen at such time as they were to giue - the enemie battell: who yet neuerthelesse seeing themselves to have an - aduantage of the enemie, and that they could not without the most manifest - danger of the state leaue their charge, gaue battel, and so obtained a most - glorious victorie, whereby the Thebans with their allies were preserued, and the Lacedemonians with a great slaughter - ouerthrowne. But returning home, in stead of thanks and triumph, they were both - accused of high treason, for that they had holden their charge longer than the - time by the law appointed, & so brought unto their triall and conuicted, - 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 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 - thereof either go ouer unto the enemie, or els - otherwise disfurnish the place of victuals, and other things necessarie.

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And yet there is another reason which might well stay the preferments and - offices of the commonweale from being mutable, which reason Tiberius the emperour hadThe reason why Tiberius - the Emperor would not have the great officers often chaunged. still - in his mouth, at such time as men complained him to be the first that had for - many yeares together continued the estates and offices still in the same mens - hands: I do it (said he) to the end that they which are already full of the - blood of the people, may as Horseleeches, full and ready to burst, giue the - subiects some release, fearing lest such as should come new & all an - hungred, should without remorse or respect at all, draw out the rest of their - blood, gnaw their bones, and sucke out the very marrow that was yet left in the subiects. And this unto me seemeth to be a reason - of right great importance: for it is an olde - and true saing, Non parcit populis regnum breue, a short - raigne spareth not the people. And yet in the raigne of Tiberius, offices and other places of commaund, were vsually giuen and - not sold; obtained, but not craued, vpon men of desert bestowed, and not - shamefully set to sale to them that would giue most: which opinion of Tiberius ought to bee of much more force in such places - as where port sale is made of all preferments and offices of the common weale: - for it is to bee presumed (as sayth Alexander Seuerus - the emperor, & after him Lewes the 12) that the - marchants of offices must sel by retaile, & as deere as they can, that - which they had before bought in grosse.

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And beside that which we have already said, how is it possible that he should - commaund with such authority as beseemeth a magistrat, which seeth that by and - by after he shall but stand for a cipher (as - they say) without any authority or power at all? who shall obey him? who shal - feare him? who shall do his commaunds? wheras to the contrary, if the - magistrats power be perpetuall, he shall commaund with dignity, hee shall - boldly oppose himselfe against the wicked, and giue ayde and succour unto the - good: he shall revenge the wrong done unto the oppressed, and resist the - 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 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 - commendable.

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In briefe, if we would have (as all men ought to wish to have) magistrats wise, - stout, and well experimented in the charge committed unto them, we must wish - them to bee perpetual: for why it is impossible that new magistrats should be - expert in their charge the first yeare, considering that the life of man is - right short, and the nature of authority and power most difficult, whether it - be for the training vp of the subiects in warres, or for the maintaining of - them in peace; for the administration of Iustice, or for the mannaging of the - publike reuenues: all which cannot in short time of new magistrats be either - throughly learned, or duly practised. For as the ruine of families commonly - commeth of new seruitors, euen so the fals of Commonweales also proceedeth from - - - New lords new lawes. new magistrats, who still bring - in new deuises, councels, laws, factions, customs, edicts, stiles, iudgements, - ceremonies, actions, and in briefe a new chaunge of all things in the - Commonweale; whereof ensueth a contempt of the old laws & customs, as also - of the magistrats themselves. All which may well be seene in the antient - Commonweals of of the Greeks & Romans, wherein the new magistrats were no - sooner placed, but they forthwith forged new edicts & laws, so to cause - themselves to be the more spoken of; without regard whether they were - profitable for the Commonweal or not: propounding only this unto themselves, - how to leaue a remembrance of their names unto posteritie: wheras men so sicke - of ambition, are still more desirous of a great than of a good name. Howbeit - that it is not needfull to vse many arguments to proue & show as it were unto the sight of the eye, that the - magistrats and officers ought to be perpetuall, seeing that we have the law of - God, which cannot bee so bound unto places or persons, but that a man therefrom - may well draw an example to imitate and follow. Now it is not found, that the - magistrats and officers established in the law of God were annuall: neither is - it found, that they which were once prouided of honorable places and - preferments in the Commonweale, were euer after againe remoued to giue place - unto new magistrats, and so to yeeld unto ambition that which is to vertue due. - So wee find also, that Plato would that the offices in - his Commonweale should still for the most part be - perpetuall. So that in briefe we see the reasons by vs alleaged, to be by the sacred scriptures, as also by long - experience and tract of time confirmed, not by the example of small - Commonweales, but euen of the greatest and most flourishing monarchies and - kingdomes that now are, or euer were in the whole world, as were those of the - Assyrians, the Persians, the Aegyptians, the Parthians, the Aethiopians, the - Turkes, the Tartars, the Moscouites, the Polonians, the Germans, the French - men, the Danes, the Swedens, the Englishmen, the Scots, the Spaniards, the - Italians; excepting some few Commonweals, which are still turmoiled with the - continual changing of their Magistrats, and perpetuall flouds of sedition and - discord for the shortnesse of their offices.

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Now it is not like so many people and nations to have failed of the light of - nature, of iudgement, of reason, & - experience, seeing their estate so wisely managed, and to have so long - flourished both in time of peace and war: which could in no wise so long have - stood, had their mutable magistrats bene every moment to have bene anew chosen. - And thus we see the reasons both of the one side and of the other, which might - moue some to make their magistrats perpetuall, as some others also to make them - annuall. unto which reasons sometime are ioyned such flourishes of eloquence, - as might at the first well dasse the eyes not onely of the ignorant, but euen - of the sharpest witted also, to heare the reasons of the one side, without - giuing of eare unto the reasons of the other, which are hereby vs indifferently - set downe, that every man might suspend his iudgement, vntill that euerie thing - were in equall ballance well weighed▪ - -

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But as men oftentimes erre in the maintaining of the societies of men▪ and - gouernmentTwo great errors oftentimes committed in the - gouernment of Commonweales. of cities and Commonweales; so doe they - in two notable things also especially: whereof the one is, That they too - narrowly looke into the inconueniences of a law, without weighing of the good - that ensueth thereof: the other, That they runne from one extreame into - another; and so as it were shunning the water, run all headlong into the fire, - when as they should have staied in the middest. Plato - would, that the magistrats in his Commonweale should bee all perpetuall: which - extremitie seemed unto Aristotle blame-worthy, who - therefore running himselfe into the other extremitie, and reiecting the opinion - of his master Plato, opened a way unto all the citisens, - to all the honours and preferments of his - Commonweal, saying, That otherwise to do, were to kindle the fire of sedition - in the whole estate: whereas yet neither the one nor the other of them hath - 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 - 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 - distinction in what forme of Commonweale this chaunge were, without harme to be - receiued.

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Now most certaine it is, that Commonweales in nature contrarie, are by - contrarie - - Commonweales in nature contrarie, by contrarie meanes to be - also maintained. lawes and meanes to bee also gouerned and maintained - (as wee have oftentimes before said, and yet must oft times say) so that the - rules and orders proper to maintaine and preserue Popular estates, serue to the - readie ruine and ouerthrow of Monarchies and sole gouernments. The Popular - estates are maintained byAnnuall magistrats best in a - popular Commonweale. continuall chaunge of officers, to the end that - euerie man according to his qualitie might have part in the offices, according - as they have part in the soueraigntie, which can in no wise bee where offices - be giuen in perpetuitie. Besides that equalitie the nurse of Popular estates is - by the annuall succession of magistrates the better maintained, and the long - 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 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: - For that the subiects in the one be the princes naturall Slaves, and in the - other the tyrants Slaves by force, it should be a thing impossible for such a - 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, 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, - of their estates, of their forces, and of their wealth, without any desire at - all to chaunge them, not onely for that they distrust others, but also for that - they would not acquaint them with the sweetnesse of power and command, least so - some one or other of them therewith enflamed, should be desirous to dispatch - the tyrant of his life, so to obtaine his place: or els otherwise in so doing - to gratifie the subiects. Whereas the Lordlike Monarch whome his subiects more - willingly obey as his naturall Slaves, is not so much hindred or letted from - the choice of his magistrats and officers, as is the tyrant, who is not but by - force and constraint obeyed of his subiects; and therefore giueth not the - preferments or offices of his estates in - perpetuitie, neither yet maketh them annuall; but onely bestoweth them as he - seeth good, and that for so long as pleaseth him, diuiding them amongst many at - his good pleasure, without any law or decree therefore, all depending of his - will and pleasure.

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But the Royall Monarch, who is in such sort to intreat his subiects, as is the - good fatherThe magistrats in a royall monarchie some - perpetuall and some annuall. his louing children, albeit that he be - no more bound unto mans lawes, than are the other Monarches, yet will he - 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; 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 - such sort, as that he shall make many offices perpetuall, and some changeable - also from three yeares to three yeares; and othersome to bee euerie yeare also - chaunged; as namely the presidents of the parliaments, of the finances or - common receit, or gouernours of prouinces, who could neuer otherwise bee - punished for their oppression and misdemeanor, if they had their such great - authoritie and power in the estate and Commonweale still in perpetuitie. He - shall also diuide the honors and peferments of the - state, unto the richer and nobler sort, albeit that they be not men of so great - experience as are some of the poorer and baser sort, so to preuent sturres and - seditions: yet for all that prouided - alwayes, that unto them which of themselves are not of sufficient capacitie be - still associat men of good experience in their charge, so to couer and supplie - the defect of the others: And yet is not so bound, unto his own laws, but in - case of necessitie hee may againe displace them whome hee hath before ordained - to be perpetuall magistrats, finding them of whome he hath so euill made - choice, for the weakenesse of their minds or bodies, to be altogether - insufficient for the publike charge to be by them sustained, or for to couer - the shame of them which are so insufficient, shall giue them some honest meanes - to discharge themselves of such their charge: as did - the most wise emperor Augustus unto a great number of - the Senators, who vnworthy of their so - honourable places, by that meane cleanely displaced themselves, without any - force or sturre; or at leastwise shall appoint them deputies for the executing - of their charge: yet in the meane time suffering the magistrates and officers - themselves, to enioy still their titles of their offices, and woonted - priuileges. And to the intent that iustice, the principall and chiefe ground of - an estateThat the colleges and companies of iudges ought to - be petuall. or Commonweale may bee the more - religiously distributed, hee shall for the administration thereof appoint - perpetuall colledges and companies of Iudges, and especially of such as are - without appeale to iudge of the lives, fame, and goods of the subiects: not - onely that these judges should so be the better experimented (as well for - hearing the opinion of diuers, as for their long exercise in iudgement:) but - also that so their seuerall power might be in - some sort weakened (for feare they should abuse the same) and that so being - many of like authoritie and power, they should not so easily be corrupted: not - unlike to a great deale of water which is more hardly corrupted than is a - little. For as Plinie sayth: Nemo - omnes, neminem omnes vnquam fefellerunt: meliùs omnibus quàm singulis - creditur. No man euer deceiued all men, neither did all mn euer deceiue any man: better it is to beleeue all - 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 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 - death: whom yet for all that he by most pregnant and lively reasons clearely - and fully acquited of that shee was in danger to have beene condemned for. Who - therefore well deserueth to be named: and was Potier a - learned judge of great integritie and vertue: who hath left unto his countrey - his two sonnes inheritours of their fathers vertues: one of them Master of the - Requests: and the other, Secretarie of the Finances; in vertue not inferior - unto their father. Besides that, the experience of many worlds of yeares hath - giuen vs sufficiently to understand many - judges, by conferring their opinions together, to giue therby a better and - sounder iudgement, than where they iudge every one of them apart. Howbeit that - Aristotle thinketh it better to have every judges - opinion considered of apart by it selfe: and that he saith to have beene the - vsuall manner of iudgement in many the cities of the Greeks. Now the Romans to - have holden both these fashions and manners of iudgements Asconius Paedianus is the Authour, where he saith: Aliam esse rationem cum vniuersi Iudices constituunt, aliam cum singuli - sententiam ferunt, It to be one manner of proceeding when all the - judges together determine of a matter, and another when every one of them - deliver their opinions apart. Wherefore causes are more indifferently and - vprightly discided in Europe by a competent number of judges together: then by seuerall judges in Asia and - Africke, whereas one particularBetter many iudges then one - alone. judge of a Prouince according to his will and pleasure - determineth of all appeales made unto him from the other particular and - inferiout judges in that prouince. And albeit that in Grand Caire (one of the - greatest cities of the world) there be foure judges which have their diuers and - seperate iurisdictions, and every one of them have also their diuers Deputies, - who iudge also of causes apart and by themselves, yet are the appeales still - brought unto the first judge chiefe of the foure; who alone without any - companion or assistant by him selfe at his pleasure discideth all appeales: - whom it is no great matter for him to winne, that standeth in his good grace, - or that hath the greatest presents to giue him. - Howbeit that the two Cadeleschers are the chiefe of all the judges, and may at their pleasure place or displace any - of the rest of the judges, yea and all of them together also so long as it - shall please the Grand Seignor▪ For why amongst the Turkes all power and - commaund is but by sufferance and during pleasure both giuen and receiued.

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Now we have before said that in the royall Monarchie all the Magistrates and - OfficersGood that inferiour Magistrats & officers - should be perpetuall. should neither be perpetuall, neither all still - mutable: For that it is not needfull to chaunge the meane officers, as Clarks, - Sergeants, Vshers, Notaries, and such other like, who for that they have no - power or authoritie to commaund, cannot hurt the Estate: and yet neuerthelesse - the experience of their charge which cannot but in long time and by great - practise be got, requireth that they should bee perpetuall. And so might a man say of other inferiour officers also, - being still subiect unto the power and authoritie of the greater, but cannot - yet oft times be chaunged without the great hurt of the Commonweale, and many - priuate mens hinderance. The Senators and Councelours of estate also, whose - dexteritie for the mannaging of the great affaires of the Commonweale is not - but by long experience to be gotten; we see them to have That Senators and Counsellors of estate ought to be stìll perpetual. - beene in Rome, in Lacedemonia, and amongst the Areopagi in Athens, perpetuall: - and so I thinke they ought to be every where else, so that in the perpetuall - chaunge of mutable magistrates, the Senate should still be constant, firme, and - immutable, and that vpon it the other mutable offices and magistrates should as - vpon a most sure slay rest: which was not so well prouided for by * Plato, who would have his Senate to be - - - - Lib. de Legibus Cap. 174. every yeare by lot - chosen. But now as for such great magistrates and officers as acknowledge no - commaund more than the soueraigne Princes alone, whither it be in martiall - affaires, the administration of iustice, or the charge of the publique receit - if the royall Monarch shall keepe them but one, two, or three yeares in their - charge at the most, he shall so leaue open a way unto his iustice, for the - examining of their actions, and by the same meanes shall cause the wicked and - corrupt magistrates to quake, standing alwayes in dread to be called to giue an - account of their doings. And for that Magistrats and Officers are not to be - chaunged all at once (for that all sudden chaunges in a Commonweale are - daungerous) and that the publique actions be not interrupted, the chaunge of - such great Magistrates as are in corporations and colleges together is to be made by the succeeding of them one of them - unto an other: as they doe in the Commonweale of Rhaguse, where the Senate is - perpetuall, and the Senators who are also soueraigne judges, are not but every - one of them one yere in charge: who yet chaunge not all at once, but - successiuely, and as it were insensiblie; and in their turne after that they - have for a certaine time lived as priuate men, returne more fresh unto the same - charge againe.

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But yet generally in every Commonweale this rule hath alwayes place without - exception,A generall and necessarie rule to be kept in - every Commonweale. - - viz. That the perpetuall Magistrats & Officers - should have either no power at all, or else verie little power to commaund, or - else some companion ioyned with them: and that they to whom great power is - giuen, have the same but for a short time, and - by the law limitted to some few monethes or yeares. By which tempering and - moderation of power and commaund, the difficulties and daungers shall cease, - which might otherwise ensue by the sudden chaunge of all the Magistrates at - once, for the interruption of publique actions. Neither need we so to feare - lest the Commonweale should be without Magistrates, as a ship without a master - to gouerne the same: as it often times chaunced in Rome, for the sute of the - magistrates, who one of them hindered an other, or els the same day entered all - into their charge, as they all at one and at the selfe same instant departed - out of the same together. Neither need we to feare - 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, 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 - before alleaged to ensure thereof) by this meanes either rude artificers or - such like ignorant and vnskilfull men, must be called unto such publike charges - as they are neuer able to discharge, or else that the Commonweale must needs be - full of most wise men, and such as are of greatest experience and knowledge. - Howbeit that cannot by nature be, that all men can do all things: wheras we see - particular men scarcely well to discharge - their particular charges; and in other some to rest great wisedome, who yet - have no skill in gouernment at all. But in doing that which wee have said there - shall not easilie any default fall out, neither shall the subiects have any - iust cause whereof to complaine; the rewards of honour being so exposed to - every mans sight, as the marke whereat every one should ayme, though few there - bee which hit the same, and the fewer officers and rewards there should be, and - the dearer that they were prized, the more they should be of all desired: when - as every man should for his vertue be called vpon, and that there should be no - cause of sedition, no man being excluded from the merite and reward of his - vertue and sufficiencie, so that the causes of sedition so taken away, the subiects may still live in all peace and - tranquillitie. And if need be we may vse Commissioners or Syndiques, as they - did in the time of Lewes the ix, and Philip the faire, for the chastising of the officers, and the calling - of them to account.

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Now some difficulties concerning the chaunging of Magistrats and Lawes are by - vs before set downe, and more I suppose will be imagined: yet were it - vnreasonable to looke into the discommodities of a law (and so for the same to - reiect it) without considerationNo lawe so good but that it - draweth after it some discommoditie. also of the profits thereof, - seeing that there is no law so good (as saith Co the Censor) which draweth not after it some - incommodities. And in mine opinion that law may alwayes be accounted good and - profitable, if the good which may ensueThat a good law is - not to be changed for some one discommoditie ensuing thereof. thereof - be manifest, and greater then the harme that is to be feared thereof: wherein - many often times offend, which thinke it - impossible to have all discommodities quite taken out of the lawes, the - Commonweale yet neuerthelesse still standing in safetie,Dangerous to change all the cheife magistrats of a Commonweale at - once. but so falling into such daungers as they before thought not - of, straight waies blame the lawes, and often times chaunge the same, when as - in truth they should have accused & chaunged them selues. So some good - Princes euill aduised often times to their harme cancell a good Law for some - one incommoditie they have seene therein▪ Whereof we will vse no other example - then that of Lewes the xj, who comming to the Crowne at - once displaced all his fathers auntient seruitours, and remoued also the - princes his nie kinsmen from the gouernment of the state: who therefore with a - wonderfull consent conspired with the enemy against him, and brought him to - such a strait, as that they had almost strucke - the crowne from his head, and by force wrested the roiall scepter out of his - hands. But these sturres againe quieted, and all things well pacified and set - in order, fearing lest his sonne should fall into the like daunger, charged him - neuer to chaunge them whom he had aduanced; and yet not so contented, made a - law, whereby he decreed all offices to be perpetuall; and that such as were - 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 - 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 - lived, but also during the raigne of his sonne Charles. - And albeit that he could not so bind the hands of his successour, yet so it is - neuerthelesse, that this his decree & law hath euer since bene inuiolably - kept, although the auntient clause, So long as it shall - 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 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 - string was againe touched, for the giuing of offices in perpetuitie, yet for all that the matter still rested vndecided. - But Philip Valois reuoked the commissions, and ordained, - That from that time forward the royall offices should bee perpetuall; which - well declareth them before to have beene mutable at the pleasure of the kings, - albeit that the officers had not forfeited them. And amongst those praises - which they giue unto king Robert, one of the greatest - is, That he neuer displaced officer, if he had not for some foule and infamous - fact before forfeited his office. Whereby it is to be gathered, king Robert his auncestours to have used other lawes and - customes.

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But yet haply it may seeme unto some, that if offices should still be giuen - with that clause, During the Princes pleasure, the - magistrats would better discharge their charges for the hope they should have - 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 - 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 - life (polluted with all manner of vices) in hatred and detestation. Besides - thatThat offices in a royal Monarchie are rather to be - bestowed by order of law, than by the Princes will & pleasure - onely. this bestowing of offices during pleasure, sauoureth somewhat - of tyranny, or of a Lordlike gouernment, rather than of a Royall Monarchy; - which (so much as possible is) should by lawes, and not by the princes will and - pleasure onely bee gouerned: So as many a - Lordly Monarchie, where the subiects being naturall Slaves adore and feare - their soueraigne prince, as a god come downe from heauen, accounting his - commaunds as the lawes of nature it selfe. Whereas in a Royall Monarchy, where - the subiects are as children, it is needfull to rule and gouerne all things by - law, as much as possible may be: for otherwise if the king shall without cause - exclude some one more than some other from some office or preferment, he that - should bee so excluded should hold himselfe iniured, and so rest discontented - 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 having iust cause to complaine of the prince.

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The learned Budeus who was of opinion that it were best - 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 - nouember, and the letters patents which they still are to have from the king - for the opening of the Parliament, show sufficiently that their estates were - not perpetuall, but still at the pleasure of the prince to bee reuoked, and so - to bee by them holden but by sufferance: and so by - these reasons drew many to be of the same opiniō with him, who - - The erection of the parliament of Paris. had they but - turned ouer the records of the court, and of the chamber of accounts, they - should have found that that Parliament which before was ambulatorie & - moueable, and which had no power but by commission, was by Philip the long ordayned to be an ordinarie Court, with ordinarie - power, circuite, and iurisdiction; in the erection whereof was expressed that - it should still have therein one or two Presidents, of whom the first was the - Earle of Burgundie the kings nie kinsman, as in like sort the President in the - Imperiall chamber, is alway one of the princes of the Empire. And so for a long - time also the President of the court of Paris was still a martiall man and not - a gowne man as he now is: and euen yet at this present the Great Praetor of the - court of Paris, whom we call the chiefe President, is still honored with the - qualitie and title of a martiall man, as of a - knight, or as the Latins call it Miles, or a souldiour, - although he neuer drew sword: which title the other judges of that court have - not, who then were but three score, but now are an hundred and fiftie. Whereby - it is plaine the court of Paris so founded to have an ordinarie and perpetuall - power, neither to have need of the Princes annuall rescripts, or letters - 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 (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 - the letters patents which are sent to this end, and the annuall oath which the - Presidents and Councelours take, is but a matter of formalitie and custome, - necessarie at such time as the parliaments were not holden but by commission: - But afterwards that they were erected into the forme of ordinarie courts, such - auntient solemnities are no more necessarie: for why the annuall Magistrats are - to take an annuall oath; whereas they which are perpetuall Magistrats are to - take it but once for all, without any needlesse reiteration of the same. So the - continuall Roman Magistrats every yeare tooke their oath, for that their power - 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 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, 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 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, under the kings - name which hath moued some to say, That the - parliaments have nothing but an extraordinarie power by way of commission - onely. Howbeit that it sufficiently appeareth by that which is by vs before - said, them to have an ordinarie and perpetuall power, which they still hold the - king beeing dead: Which if it were but a power holden vpon sufferance, (as some - would have it) it should then together with the death of the king take end, as - all other powers and commissions else doe. But these courts and the ordinarie - magistrats thereof, the king being dead neither - chaunge their attire, nor vse any mourning garments, or other signes of sorrow: yea that more is, the first confirmations - of the new king are alwaies graunted unto the Courts of Parliament; as hath - beene alwaies used since the time of Lewes the eleuenth, - in such sort as that their power is not onely ordinarie, but perpetuall also, - not onely in the whole bodies of themselves, but euen in every one of the - members, officers, and ministers of the said Courts of Parliament.The giuing of offices during the princes pleasure not to be - discommended. - -

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And yet for all that is not the manner of those Princes to be discommended, who - unto their Officers and Magistrates giue their power but by sufferance, which - they (if cause be) at their pleasure againe take from them, as the kings of - England have used to doe. For albeit that the auntient and moderne - Commonweales, especially the Popular and Aristocratique (more straitly bound - unto the lawes than are Monarchies) have their - 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 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 - had then in hand. Neither had they for the remouing of their magistrat, regard - onely if he had in any thing trespassed, and so deserued to be remoued; but - euen unto the insufficiencie of him also, whither it were knowne or vnknowne when they receiued him into the - Estate, or that it were befallen him afterwards; deeming also weaknesse, or - age, madnesse, or other like diseases, such as let and hinder mens reasonable - actions, to be sufficient also to displace them from their offices. And namely - Lucius Torquatus chosen the third time Consul excused - 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 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? - -

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Now that which we have said concerning the meane that ought to be kept in the - chaunge and continuation of Magistrats and Officers, hath not onely place in - royall Monarchies, but euen in Popular and Aristocratique estates also, where - the officesThat in every commonweale there ought to be some - estates and magistrats perpepetuall. almost all, or for the most - part, ought to be every yeare, or from two yeares to two yeares still mutable: - as they do among the Swissers, and diuers other Commonweals. Yet neuerthelesse - for the preseruation of the same, there must still be some estates in the - Commonweale perpetuall: as namely those whose experience and wisdome is alwayes - necessarie for the stay of the rest, such as be the Councellors of estate: And - this is it, for which the Senat in Rome, in Athens, and in Lacedemonia, was - still perpetuall. And why, the Senators still - during their lives held their charge and places: for as the hookes and hinges - whereupon great burdens rest, must of themselves be strong and vnmoueable; euen - so the Senat of the Areopagi, and of other Commonweales also, were as most - strong and sure hinges, whereupon as well all the mutable officers as the whole - waight of the Estate and Commonweale rested & reposed themselves. The - contrarie whereof is to be done in Monarchies, wherein the greater part, and - almost all the estates ought to be perpetuall, except some few of the chiefe - and principall: as they doe in the kindome of Spayne, where they well know how - to keepe this mediocritie or meane proper unto the - royall estate. And so for the same cause the - Venetians which have an Aristocratique estate, make their officers every yeare - chaungeable, and some of them from two moneths to two moneths; and yet - neuerthelesse have their Duke, the Procurators of S. Marke, the Chauncelour, - and foure Secretaries for the Estate, perpetuall; which the Florentines - ordayned in their Estate also (after that they were by Lewes the xij, delivered from the most cruell tyrannie of Countie Valentinus Borgia) taking order that their Duke should - from that time forward be perpetuall, to the entent that the Commonweal before - in perpetuall motion and chaunge of all their estates and offices, might yet - have some thing firme and stable whereupon to rest and stay it selfe: which - good order being in short time after by the most turbulent Florentines - abolished, they fell againe into greater tumuls and civill warres then euer they were in before: whereas if they had had but - a perpetuall Senate at the least, and the Senators continued in their charge, - (who from six moneths to six moneths were stil chaunged and rechaunged) and had - but kept a certaine meane betwixt these two extremities, of generall chaunge, - and still continuing of all their offices, their estate had beene much the more - assured, neither had their Commonweale beene still so tossed and turmoyled with - so many and so great surges of sedition, and tempests of civill warres. But - these things thus by vs declared, let vs now see also whether in a wise and - well ordered Commonweale it be good that the Magistrates should be all at - vnitie, and of one accord among themselves or not? - -

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- - - - CHAP. V. ¶ Whether the vnitie and concord of Magistrats - amongst themselves bee good and wholesome for the Commonweale, or not? - -

- - THis question, viz. Whether - it be good that the magistrats and officers of a Commonweale should be of - accord, or els at discord and variance among themselves? may perhaps seeme - altogether needlesse and vaine. For who euer doubted but that it was alwaies - expedient, yea and necessarie too, that the Magistrats in euerie Commonweale - - - Reasons to show that magistrats ought to be at vn tie and - concord among themselves. should be of one and the same mind? to the - end that they all together might with one consent and heart embrace and seeke - after the publike good: And if so it be (as wise men have alwaies thought) that - a well ordered Commonweale ought to resemble a mans bodie, wherein all the - members are vnited and conioyned with a maruellous bond, euerie one of them - doing their office and dutie; and yet neuerthelesse when need is, one of them - still aideth another, one of them releeueth another; and so all together - strengthen themselves, to maintaine the health, beautie, and welfare of the - whole bodie: but if it should happen them to enter into hatred one of them - against another; and that the one hand should cut the other, or the right foot - supplant the left, and that the fingers should - scrape out the eyes, and so euerie member should draw unto it selfe the - nourishment of the other next unto it; it must needs fall out, that the bodie - in the end must become maimed, lame, and impotent, in all the actions therof: - euen so in like manner may a man deeme of the estate of a Commonweale, the - honour and welfare whereof dependeth of the mutuall loue and good will of the - subiects among themselves, as also toward their soueraigne prince. Which sweet - vnitie and agreement how is it to be hoped for, if the magistrats which are the - principall subiects▪ and such as ought by their example to bind together the - rest, be at variance and discord among themselves? But euen to the contrarie - the subiects shall become partakers of the factions of the magistrats, they - first nourishing secret grudges, and afterward open - enmitie, vntill that at length all breake out into open civill warre, all for - the maintenance and vpholding euerie one of - them of the chiefe of their factions, to the destruction of the Commonweale: or - in case stay be made thereof, and that things fall not out altogether so euill, - yet must still publike actions by such ambitious discord of the magistrats be - hindred, and the Commonweale sore troubled: whereunto it shall happen as it - doth unto a maid, for whome (as Plutarch saith) her - suters enter into such a ielousie and passion, as that desiring euerie one of - them to have her to himselfe, they so in stead of louing and embracing of her, - 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 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 - one of the most famous of them that euer was) to impaire the credit and - authoritie of Lysander whome he hated, reuersed all his - iudgements, and gaue sentence quite contrarie, not so much for the iniquitie of - the cause (as he himselfe said) as in despight of him his enemie onely. And to - make the matter short, most certaine it is, that dissentions and civill warres - (the capitall plagues of Commonweales) take foot, root, encrease, and - nourishment, of nothing more than of the hatred and enmitie of the magistrats - among themselves. Whereof it followeth the - vnitie and concord of them among thmselues to be unto the subiects not onely - profitable, but euen necessarie also. Which may all seeme right profitable - arguments and reasons for the one side.

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But now they which more subtilly reason of these matters, deeme to the - contrarie,Contrary reasons to show that it is good for - the Commonweale, that magistrats should be at discord and variance among - themselves. the health, and welfare of the Commonweale to be best - preserued and kept by the discord of the magistrats. For why (say they) the - force and nature of vertue is such, as that it cannot be contrarie unto vertue; - neither that good men, although they bee at neuer so great oddes, can yet be - enemies among themselves: but being prouoked by the iniuries of the wicked - their aduersaries, do still wel the more and more encrease and flourish: - neither is the valour of worthy men any where more euident and manifest, than - when they without bitternesse contend among - themselves; and so prickt forward with an honest ambition, and enflamed with - the heat of men like unto themselves, as with a fire, are by the emulation of - their competitors incited to take in hand great matters, and so still to - ouercome their enemies in well doing. So when Taxilas - king of the Indians had by his ambassadours freely and without resistance - offered his kingdome unto Alexander the Great, (then - bearing downe all the kingdomes of the East before him) if so be he wanted - wealth; and withall refused not to receiue wealth also at his hands, if hee had - of it too much: Alexander glad of such a match, said - unto him, If we must thus contend and combat together, it shall neuer be said, - that you shall take this point of honour from me, as to be accounted more - magnificall, more courteous, or more royall, - than my selfe: and so gaue unto him another great kingdome, with an infinit - masse of treasure. In like manner Tullus Hostilius king - of the Romans, said unto Metius Suffetius Dictator of - the Albanians, The civill discords which thou obiectest unto - vs, wee deem them as profitable to our citie; for we striue together, - whether of vs shall better or more earnestly fight for the good of the - Commonweale. - -

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Now if contention and emulation be thus good and profitable amongst valiant - & good citisens, and wholesome for Commonweales, how much more then ought - it to be thought necessarie for most base and abiect men, for the stirring of - them vp to vertue,The fruit of oes. - - and deterring of them from vice. For of all the great - profits which men vse to reap from their - enemies, none is greater than so to live as that we seeme not to exceed them in - vices, or be ouercome of them in vertues. But if such discord and contention be - both honourable and profitable in a citie or Commonweale, wherein the princes - and magistrats are all good men, and striue but for vertue onely; how much more - then shall the contention be profitable, where the good striue against the - euill? But in case that all the magistrats be euill, then is discord and - contention amongst them not onely profitable, but euen necessarie also, least - otherwise they beeing at vnitie and concord among themselves, and in possession - of the gouernment, might freely and without feare make hauocke and spoile both - of the publike and priuat affaires. In which case it cannot fall out better - either for the subiects, or for the whole Commonweale, than if they by their - mutuall hatred and accusations shall openly - detect and lay open unto the world, their owne filthinesse, their foule - extortions and robberies, as the sheepe are neuer more assured, than when the - wolues deuoure one another; as it happened saith Philip - Commines in England, that whilest the great lords slew or condemned one - another, the poore people in the meane while remained safe from their inuasion. - Which was the wise councell of Cincinnatus, seeing the - Consull Appius openly to withstand the people to hinder - them for the doubling the number of their Tribunes: Let be (said Cincinnatus) for the moe they shall be, the worse they - will agree. And right needfull oftentimes it was the power of the Tribunes to - bee broken and weakned by their owne diuision, - when as by the opposition of any one of them, all the proceedings of the rest - were so hindered and stayed. And truely Cincinnatus - therein said wisely, for so the Commonweale stood and flourished, the Tribunes - oftentimes being at discord and varience among themselves, which (they being at - vnitie and concord) would have in a moment fallen: and so long it well stood - vntil that Pub. Clodius a most wicked man, about foure - hundred yeares after presented a request unto the people, which passed into the - force of a law, whereby it was ordained, That from thenceforth the opposition - of one of the Tribunes should not hinder the proceeding of the rest of his - fellow Tribunes. And therfore Cato the Censor, the - beautie of the Romane wisedome (and one to whome was giuen the chiefe prayse - for wisedome and vertue amongst the Romans) could neither endure the agreement of his seruants in his familie, nor of - the Magistrats in the Commonweale, but slily and secretly still sowed hatred - and sedition amongst them; that so the wicked and offendors might with their - accusations as with mutuall wounds fall, and the good so gaine praise. For why, - he thought it a thing almost impossible in so great an accord of Slaves and of - magistrats, but that the one of them should make spoile of the Commonweale, and - the other of his priuat substance, especially being in hope to escape - vnpunished, and our of feare for being accused. And therefore doubted not - fiftie times to accuse offendors, hee himselfe being also fortie times by - others accused: howbeit that he still bearing himselfe vpon the integritie of - his forepassed life, and the commendable things by him done, easily auoided all - the slanders by his aduersaries against him - fasly surmised. Neither was that Commonweale euer after fuller of good and - valiant citisens, than it was in his time. Yea the Senat of Rome allotted a - great summe of money to Mar. Bibulus to buy his - Consulship, and the voyces of the people, to the intent to oppose him against - Caesar his knowne enemie, who had cunningly set vp - Luceius his friend (whome the Senat would have had - excluded) that so hee might doe all things as he thought good, his friend and - fellow in office agreeing thereunto. And not to go farther, we have herefore - the witnesse of Iulius Caesar, who in his - Commentaries - - Lib. - - . saith, The Gaules to have had a most - auntient custome amongst them, to stirre vp their great lords one of them - against another, to the intent that the common people - (which were as he reporteth but Slaves) might so bee safe and free from their - outrages and robberies. For so one of them - 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 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 - Romans, and our auncestours, but euen vnro Lycurgus the - wise law giuer also, who therefore himselfe set dissention betwixt the two - kings of Lacedemonia, and appointed also, That there should alwaies two enemies - be sent ambassadours for the state; to the - intent they should not by their mutuall consent and good agreement betray the - Commonweale: but that being at variance, they might still one of them bee - controlled by the other. As for that which is said, the parts of mans bodie - which represent a well ordered Commonweale, to bee neuer at discord among - themselves, is quite contrarie; for were not the humors of mans bodie much - contrarie, a man should quickly perish: the preseruation thereof dependeth of - the contrarietie of hoat & cold, of moisture and drought, of bitter choller - to sweet flegme, of beastly desires to diuine reason; as also the preseruation - of the whole world next unto God dependeth of the contrarietie, which is in the - whole and every part thereof. Euen so the magistrates in a Commonweale ought in some sort to be at difference among - themselves, albeit that they otherwise be right good men, for that trueth, the - publike good, and that which is honest, best discouereth it selfe by that which - is thereunto contrarie: and is still to bee found in the middest betwixt two - extreames. And it seemeth that the Romans had this principall end before their - eyes, ordinarily making choyce of their magistrats that were to bee placed in - the same charge, still enemies one of them unto another; or at leastwise of - quite contrarie humors and dispositions, as is in all their histories to be - seene. As when the Senat foresaw that Claudius Nero - should carrie away the Consulship, an hoat and sturting man, and withall a most - valiant and couragious captaine to oppose against Hannibal: the Senat (I say) procured to have ioyned unto him for his - companion or fellow in office Liuius Salinator an old - captaine, and a man of great experience, but - yet as cold and staid, as was the other hoat and terrible, and yet fit to heat - the old age of Liuius, now a little too cold for the - warres: who so ioyned and vnited together, gained a most notable victorie - against Hannibal, which was the ruine of the - Carthaginians, and the preseruation of the Roman estate. These two men also - afterwards were by the people made Censors together; who still at discord, - noted one of them another of infamie, a thing neuer before seene: and yet they - thus still at variance, were in all mens iudgements two of the most famous and - vertuous men that then were in Rome. With like wisedome the Romans ioyned - together Pabius Maximus, and Marcus - Marcellus, in their warres against Hannibal, - both of them right great and most expert captaines, but the one of them being a - cold, and the other an exceeding hoat man; the - one alway still desirous of battell, and the other still seeking for delay; the - one called the Roman Sword, and the other the Bucklet; the one a fierce - warrier, and the other a long lingerer: by which contrarie humors of these two - so great personages the estate was not onely preserued from ruine and - destruction, which must needs otherwise vndoubtedly have ensued, but farre and - wide enlarged also. If then the emulation and discord of the most vertuous - magistrats be so profitable unto a Commonweale, what then is to bee hoped for, - when the good magistrats shall oppose themselves against the wicked?

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- - And these reasons may on both sides seeme probable, but - what in trueth is to bee - - The resolution of the former question. resolved vpon, - 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 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 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, - considering that there is a soueraine prince to chastise and correct them; so - that hee bee not mad, furious, or a child, or one otherwise subiect unto another mans power. But in an Aristocratike or - Popular Commonweale it is most daungerous, that the great magistrats should bee - at discord among themselves, and that especially if they bee not good men, who - neuer have any such contention or debate amongst them, as may hurt the estate - or Commonweale: but such as was the honourable difference betwixt Scipio Affricanus, the elder, and Fabius Maximus: betwixt Scipio the younger, and - Cato; betwixt Liuius and his - companion Nero; or the contention of Lepidus with Fuluius, of Marcus Scaurus with Catulus; or of Themistocles with Aristides: whose - notable contention for vertues sake was alwayes unto the Commonweale wholesome. - But if the greatest magistrats in a Popular estate bee euill and wicked men, or - that their ambition be founded vppon an euill - ground, it is then daungerous least that their differences bee cause of civill - warres; as it happened betwixt Marius and Scylla, betwixt Caesar and Pompey, Augustus and Marke Anthonie, - Thucidides and Pericles. And yet much more - dangerous such contentions are in an Aristocratie, than in a Popular - Commonweale: For that the gouernours, which are alwaies the fewer in number in - an Aristocratique estate, and yet commaund the rest, have still to doe with the - people: who vpon the first occasion take vp armes against their lords, if they - once enter into quarrels. For a few lords in an Aristocratie are easily drawne - into two parts, by the great magistrats, who if they fall into sedition among - themselves, as also with the people, it cannot - 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 under his power keepeth - all the magistrats in awe.

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But in euerie Commonweale it is expedient and necessarie, that the numbet of - theThat the number of the soueraigne magistrats in a - Commonweale should still be odd. soueraigne magistrats, or of them - which come neere unto the soueraigntie, should still be odd, to the end that - 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, - 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 - they of Schwits have foure, as they of Geneua have also their foure Sindicques, - and they of Berne, Lucerne, Friburg, and Solure their two Auoyers: and Zuric, - Basil, Schaffouse, their two Bourgomasters: as some there were which thought it - better to have of such great magistrats moe than foure, and yet in odd number - also; as in auntient time the Athenians had their nine Pretors, whome they - called Archontas; that so the fewer might still yeeld unto the rest, or be in - number ouercome, which cannot be where onely two beare - the sway, except they had alternatiue power to - commaund each of them his day by turnes, so as had the Carthaginensians - Suffetes, and the Roman Consuls, so as we have before said. And therefore by - our laws also are three appointed for the common receit, that so the third - might still reconcile the other two his companions at difference betwixt - themselves, or els by ioyning himselfe to one of them, make that part the - greater. Which odd number of great magistrats is more necessarie in a Popular - or Aristocratike estate, than in a Monarchy; and the discord and dissention of - them lesse in this state to be feared than in the other. For that as almightie - God the Father of the whole Fabrike of the world, and of nature, doth with an - admirable concord and agreement gouerne this world, composed of the contrarie - conuersions and motions of the celestiall orbes among themselves, as also of - the different natures of the starres and - elements, and of the contrarie force and power of planets and of other liuing - creatures: euen so also a king (the liuing image of God himselfe the prince of - all things) should of the dissimilitude of magistrats, in some sort, at - variance among themselves, keepe and maintaine the welfare of his subiects and - people. And as in instruments, and song it selfe, which altogether out of tune, - or all in the selfe same tune, the skilfull and learned eare cannot in any sort - endure, is yet made a certaine well tuned discord, and agreeing harmonie, of - most vnlike voices and tunes, viz. of Bases, Trebles, - and Meanes, cunningly confused and mixt betwixt both: euen so also of the - mightie, and of the weake, of the hie, and of the low, and others of the middle - degree and sort betwixt both; yea euen of the verie discord of the magistrats - 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, - 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 - a generall aboue them, who kept them both in awe. Which as it oftentimes - happeneth, so did it also chaunce to Lewes the twelfth - the French king, who gained the estates of Bolonia, and ouerthrew the Popes - armie, by reason of the discord betwixt the cardinall of Pauie, and the duke of - Vrbin, who through iealousie of one of them against the other, so hindred & - entangled themselves, as that they gaue - victorie unto the French: into which daunger the Roman estate was like to have - fallen, by the contention risen betwixt Fabius Maximus, - and Minutius the Roman generals, which had vndoubtedly - giuen Hannibal the victorie, and the Romans the - ouerthrow, had not Fabius for the good of the - Commonweale forgot his displeasure, and by his valour delivered his rash - companion together with the Roman armie, from a most certaine and present - destruction.

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Wherefore the contentions of the greater Magistrates are most daungerous in - aThe contention of the great magistrats most dangerous in - a popular Commonweale: and their too great friendship to be no lesse - perilous also. Popular estate or Commonweale, (where there is no - other head to commaund them but the multitude) and especially if he seeke how - to serue their owne proud and ambitious desires, rather then the common good. - And therefore the Roman Senat seeing - - Marcus Lepidus, and Q. Fuluius - mortall enemies chosen Censors together, went unto them in great number to - perswade them now at length for the Commonwealth sake to become friends, or at - least wise to suspend their enmitie, so the better to attend unto their office, - being the fairest and of greatest importance in the whole Commonweale. The like - whereof we read to have beene often done by the Senat, in setting the busie - Tribunes, and proud Consuls agreed, at such time as their dissentions seemed to - tend unto the daunger of the State. But as it is not good that the greatest - magistrates in a Popular estate should be too great enemies; so also is it not - convenient that they should be too great friends, - especially if they be not good men, and that for the reasons by vs before alleaged. Which was the cause that the - yonger Cato seeing Pompee, - Caesar, and Crassus so straitly allied together, - and that they so conioyned, were too strong for all the rest of the people; - cried out aloud the Commonweale by such combyning of the great ones to be - bought and sold; foreseeing as it were out of a watch tower the stormes and - tempests thereof then at hand. Yet true it is that of two extremities it is - better that the great Lords and magistrats in a Popular or Aristocratique - estate should be of one accord then at discord: for that being of accord, they - will alwaies like better to commaund others, and so in some sort or other to - preserue the Estate such as it is, than together with the Commonweale, quite to - ouerthrow their owne power, whereunto their discord would bring them, when they - had once giuen sayles unto the tempest. In - such sort as Liuie said of Caluinus the Campanian: Improbum hominem, sed non ad - extremum perditum, qui mallet incolumi quàm euersa patria dominari, A - wicked man (saith he) but not altogether desperate, who had rather to rule ouer - his countrie yet standing vpright, then ouer the same ouerthrowne. So albeit - that Mar. Tullius said, The three-headed alliance of Caesar, Crassus, and Pompee to be - a thing greatly to be feared: Yet when he saw Crassus - the moderator with the Roman legions slaine in Chaldea, and Iulia Caesars daughter Pompee his wife by - vntimely - - 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 - 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 - ouerthrowne, and Caesar become master of all. And as for - that which Caesar writeth, our auncestours the auntient - Gaules to have thought the dissention of their princes and great gouernours to - have beene profitable unto their estates, I can hardly be perswaded therein: - when as by the report euen of Caesar himselfe, the - dissention of the princes and of the estates of Fraunce, (then for the most - part gouerned by Aristocraties) wrought their owne destruction; some of them - praying aide of the Germans, and some of them - of the Romans, being long a prey both to the one and to the other, and in the - end unto the Romans alone as the onely conquerors. Neither is it true the - 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 - 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 used to assemble the - high court of Parliament, whereunto all the States are assembled. And thus we - have declared in what sort the Magistrates ought to behave them selues towards - their Prince, as also how they ought to beare them selues one of them - towards an other, as also towards other - priuate men; and whether they ought to be at vnitie among them selues or not. - Now it remaineth for vs briefly to show also, how the Prince ought to behave - him selfe towards his subiects; and whither it be expedient that he should him - selfe iudge them, or be him selfe conuersant among them.

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- -
- - - - - - CHAP. VI. - - ¶ Whether it be convenient or expedient for - the Maiestie of a soueraigne Prince to iudge his subiects him selfe, or to be - much conuersant with them. - -

- - IT may seeme unto some that this question not - before reasoned of, hath not in it any doubt, and that it is not needfull for - vs farther to enter there into, considering that all the auntient and wise - polytitians are of accord, that kings were neuer for other thing established - than for the administration of justice, as saith Herodotus speaking of the Medes; and Cicero - likewise of the Romans;Kings first established to iudge his - subiects. as also we read that the first kings of Greece, Aeacus, Minos, and Radamanthus had - no title more honorable then the title of Iudges; who for they with great equity administred iustice, are by the Poets - reported to have obtayned of Iupiter an euerlasting - power & office for iudging of the ghosts in hel. And albeit that Homer calleth princes the pastors, or feeders of the - people. Yet so it is that the title of Iudges hath long time after him - continued in the person of the princes of Athens, who had the soueraigne - gouernment for ten yeares. And not onely the princes of the Medes, the Greeks, - and Latins, but euen the Generals also, who were as soueraignes amongst the - Hebrewes, had no other title then the title of Iudges: And at such time as they - demaunded of Samuel (now wearied with age) a king, they - ioyned thereunto, that he might iudge them, as other kings did their people: - Which showeth sufficiently that the principall charge which they had, was to - doe iustice themselves in person. And the - principall reason that might moue the princes themselves to iudge theReasons to show that princes themselves in person ought to - administer iustice unto their subiects. subiects, is the mutuall - obligation which is betwixt the Prince and his subiects: For as the subiect - oweth unto his lord all duety, aide, & obedience; so the Prince also oweth - unto his subiects iustice, guard, & protection: so that the subiects are no - more bound to obey the prince, than is the prince to administer unto them - iustice. Neither is it sufficient to have it done by an other man, as by the - Magistrate at the Princes command, seeing that the subiects being commaunded to - yeeld their faith and obedience unto the prince, cannot do it by their - Deputies, but onely by themselves in person; and that this obligation betwixt - the Prince and the subiect is reciprocall. Howbeit that it is lesse - inconvenient that the vassall should giue his faith and homage unto his Lord - by his deputie, than the Lord to do him - iustice by his officer, for that the obeisance of the subiect in this case - cannot be called in doubt: whereas the subiect hath no warrant that the - magistrat or officer shall not suffer himselfe to be by bribes corrupted, which - the Prince will not do, who is therefore still aunswerable before God, unto - whom he cannot say that he hath therewith charged the conscience of his Iudges, - his owne thereby being not discharged. Besides that it much and notably - concerneth Commonweales, that they which hold the soueraignty should themselves - doe iustice: that is to wit, the vnion and amitie of the Princes with the - subiects, which cannot better be nourished and maintained than by the communion - of one of them with the other, which is lost, and brought to nought, when the - Princes do nothing but by their magistrats and - officers: For so it seemeth unto the subiects that their princes disdaine and - contemne them, a thing unto them more grieuous than if the prince should him - selfe doe them wrong; and so much the more heauy, as a contumelie or disgrace - isThe great good that ensueth whē princes in person - themselves do iustice unto their subiects. more hardly to be borne, - than is a simple wrong or iniurie. Whereas to the contrarie when the subiects - see their Prince to present him selfe in person unto them to do them iustice, - they go away halfe contented, albeit that they have not that which they - 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 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 - king him selfe sitting in his regall throne to do his subiects iustice. - Moreouer the Magistrats often times doe wrong and iniurie unto the subiects by - standing vpon the nice clauses, words, and sillables of the law, which they - dare not passe, as being bound and subiect thereunto. And in case that they - make any conscience to iudge according to the strictnesse of the law, they must - yet first send their reasons unto the Prince, and attend his aunswere, and - exposition of his Edicts and lawes made according unto the opinion and aduise - of his other officers, who will often times see - the suters purses bothom; in such sort as that many sutes live longer than the - 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 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 - other, which make sutes immortall, should cease, and iustice without stay or - let take course, no appeal being to be made from the Prince. Ioyning hereunto - 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 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 - worth. And yet there is another verie considerable point also: which is, That - the parties contending are sometimes great and honourable, as that they would - neuer answere before many judges, in discredit for their vnworthinesse, - iniquitie, or other like qualitie, whereby - it oftentimes commeth to passe, that they end their suits and differences by - combats and dynt of sword: whereas the Prince in presence might euen with the - twinkling of his eye set them agreed. And were it that no other greater profit - were thereby to come unto the Commonweale, then that the prince by vse and - exercise of iudgement should have the force of right and iustice throughly - engrafted in his mind; what greater or better thing could there bee wished of - almightie God either for the prince or for the subiects, than that hee might - most curiously and seriously learne daily to administer iustice? The knowledge - of other artes and sciences, which is it selfe a thing most royall, and so most - proper unto kings. For as for the knowledge of armes, and of martiall affaires, - it is well fitting a Prince against his enemies, whereas iustice is most - necessarie for him at all times, and in all places, whether it be in peace or warre.

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But not to rest altogether vpon reason and arguments, we will also vse the - examplesExamples of great Princes, who themselves in - person administred iustice unto their subiects. herein of the most - wise and noble princes. VVhat man was there amongst men to be in wisedome - compared with Salomon? And yet we read, That the onely - prayer that he made unto God, was to obtaine wisedome wherewith rightly to - 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 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 - Great Augustus? And yet neuerthelesse wee read that he - without ceasing was still busied in the administration of iustice, insomuch - that euen when he was sicke, he caused himselfe to bee carried in his - horselitter to doe iustice. Howbeit that that was the ordinarie vacant time of - the Roman emperours, who for the administration of iustice were commended aboue - all the princes of the world,A notable example of the great - emperour Adrian for the doing of a poore old woman iustice. euen so - 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 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, - To doe his subiect iustice: what ought they then to doe which hold but the - scantlings of that great empire? Ought not euerie one of them to enforce - himselfe in his owne person, and to studie with all his power, how to imploy - himselfe for the doing of iustice? considering that (as Plinie the yonger saith) there is no more noble Philosophie, than to - entreat of the publike affaires, and to doe iustice, putting in practise that - which the Philosophers have taught.

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Now if the knowledge of that which is right, and the administration of iustice, - 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 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 - soueraigntie, and the deciding of them, hee can in no wise put off, but - together with the soueraigntie it self. Surely they are verie blind, deafe, and - dumbe, which neuer but by other mens eies see, and by other mens eares heare, - and by another mans tongue, and that oftentimes a straunge tongue also, speake - and talke of such things as are theirs, and most proper unto themselves. Now - wee have before shewed also, not by the examples of straunge nations onely, but - euen by the examples of our auncestours also, the idle slothfulnesse of kings, - who committed the mannaging of all their affairs unto their domesticall - seruants, to have thereby brought both themselves and their posteritie unto destruction.

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These arguments and reasons thus by vs before alleaged, make a faire show unto - 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 - unto me looking neerer into the matter, they are not sufficient to resolue this - question, nor to maintaine, That a prince ought in person himselfe to - administer iustice: Yea unto mee it seemeth not onely not necessarie, but not - profitable unto the subiects, the prince himselfe to bee unto them the minister - of iustice. True it is, that for them so to do, it should bee not onely - profitable, but euen necessarie also, if the princes were themselves such as - Scylax faigned unto himselfe the kings of the Indians - to be; that is to say, so much better than - their subiects, as the gods are aboue men. For what can bee more glorious or - more royall, than to see a prince by himselfe in the open sight of the people - with great integritie and vprightnesse iudge and decide causes, to giue rewards - unto such as have well deserued of the Commonweale, and to inflict punishment - vpon the wicked and offendors. For he must needs be a good and wise man - himselfe, which is not delighted but in the companie of good and wise men: and - he must needs excell in integritie and iustice, who himselfe with great equitie - administreth iustice. But shall we therfore say, that vitious princes ought to - thrust themselves into the sight, and so to communicat - their vices unto their subiects? the least vice in a prince being like unto a - canker in a faire face: and so to doe, what - were it els, than in the sight of the people to set vp an example of vice, to - lead men, to draw them, yea & euen to enforce them to be naught? For there - is nothing more naturall, than for the subiects to conforme themselves - 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, 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 - wisedome himselfe, and after by Plato, Cicero, Liuie, - and Cassiodore, repeated as an infallible - rule, - - That such as the prince of a Commonweale is, such will the - people also be. Yea Theodoric king of the - Gothes, writing unto the Senat of Rome, passeth further, vsing these words, Facilius est errare raturam, quam dissimilem sui princeps - possit Rempublicam formare, An easier thing it is (said he) for nature - to chaunge her course, than for a prince to frame a Commonweale vnlike unto - himselfe. And though examples need not in so plaine a matter, yet we have seene - king Francis the first, in this realme, and Mansor, surnamed the Great, emperour of Affrike and - Spaine, who both two in diuers times, and in diuers places, began to have - learning and learned men in estimation; when suddenly the princes, the - nobilitie, the cleargie, yea euen the souldiors and artificers, with all the - people in general, gaue themselves so to learning, as that there was neuer - found so great a number of learned men in all - languages, and in all sciences, as in their time. Seeing thereforeThat an euill prince ought not much to come abroad for the - people to imitat his vices. that the princes example is of so great - force and power for the conforming and chaunging of his subiects manners, - either to good or bad; great heed is to bee taken, that the prince, except he - be by nature wel, and by education better framed and instructed, come not much - abroad for the people to behold and imitat: but if he be euill & wicked, - then by all meanes to be as a popular and common plague kept out of the sight - of his subiects. Yet haply some man may say, That an euill prince should not - therefore abstaine or withdraw himselfe from publike affaires, or from the - iudgement place or Senat; for that no man was so bad, but that he hath in him - some vertues or commendable qualitie; or which cannnot at leastwise dissemble - some of his vices: of which his vertues & - vices, his subiects may make choyce, in such sort as that they may easily - decline the one, and embrace the other. But in mine opinion and iudgement, they - will rather imitateThe subiects still eadier to imitate the vices than the vertues of the - prince. his vices, than his vertues: and so much the rather, by how - much the corrupt nature of man is more prone and enclined unto vice than unto - vertue; as also for that there is but one most strait way which leadeth unto - vertue, wheras on both sides there are innumerable crooked by-wayes and - turnings unto vice, whereinto they may more easily fall, than into the straight - and right way of vertue. In Alexander the Great were - many most rare and heroicall vertues, yet so it was, that he greatly blemished - the beautie of them, as also of his other noble acts, by an euill custome that - hee had to bee drunke; wherein he tooke such delight, as that hee propounded a - talent as a prize unto - - 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 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, - or to dissemble vices, as it hath alwayes seemed a most hard thing unto all - men, so hath it especially unto princes, for that they of all others have least - learned to commaund their desires, to restraine their - lusts, to bridle their affection, which he that knoweth not how - - Princes of all others most hardly to counterfeit vertues, or - to dissemble their vices to do, shall neuer be a good or cunning - dissembler. Dionysius the younger moued with the fame - and vertue of Plato, caused him to be sent for unto - Syracusa, who had no sooner begun to tast of the wisedome, vertue, and learning - of the man, but that in a moment all minstrels, players, drunkards, bauds, - harlots, and such like, were quite vanished out of the princes sight, and the - court so suddenly chaunged, as if it had bene from heauen inspired. But for - that Dionysius had but chaunged his countenance, & - not his mind, and cast out the allurements of pleasures, but not pleasures - themselves; hee could not long dissemble his vices, eithes yet edure Plato, who was no sooner - gone out of the court, and disembarqued out of Sicilie, but that the prince - forthwith returned unto his woonted vices, by him before for a while forborne, - but not quite forsaken: at which verie instant - minstrels, dauncers, harlots, bauds, and such other vermine of the court, which - had before bene driuen out were againe recalled. So much power the prince hath - at his pleasure to chaunge and turne the harts of his subiects, but alwayes - rather unto vices and vanities, than unto vertues. But I doe more willingly - remember our own domesticall examples than others; king Francis the elder, for the healing of a wound he had receiued in his - head, caused his head to be polled, when suddenly after all his houshold - seruants, all the princes, all the nobilitie, the magistrats, the artificers, - and people of all sorts in generall, caused their heads to be from that time - forward polled also, insomuch that if any did from thenceforth vse the old - fashion, and account it an vndecent thing to be polled, he was therefore of all - men derided: whereas before from the beginning - of this kingdome, it had alwayes bene the marke of the kings, neither was it - lawfull for any but for the nobilitie and Senators, to weare long haire: all - the rest of the meaner sort being befor compelled to poll themselves as Slaves, - vntil that Peter Lombard bishop of Paris (for the power - and authoritie which bishops then had aboue kings) obtained, That it might be - lawful for the common people to weare long haire also. True it is, that the - flatterers of princes helpe much to conforme the maners and fashions of the - people unto those of the princes, they still rather counterfeiting than - imitating euen the vices and defects of the prince, whome if they see laugh, - they laugh also, although they know no cause why; if he be lame, they halt - downe right also. Alexander the Great, and Alphonsus king of Aragon, beeing both wrie - necked, the one by nature, and the other by - custome, the courtly curres to counterfeit that their deformitie, held their - neckes also awry; as the Courtier, and Plutarch in the - life of Pyrrhus writeth. Seeing therefore the nature of - man is enclined to follow the vice of the prince, were it not euen to vndoe a - people, and to ruinat an estate, to thrust still into the sight of the people a - prince euill brought vp; and a pottraitor of vices for them to imitat? And yet - 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 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. - -

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But suppose we the prince not to be vitious (a rare gift, and by the goodnes of - God giuen unto men, when as in euerie age a tollerable prince is scarcely to - bee found) but to be of great vertue and perfection, yea euen a man without - fault (howbeit that there is a great space betwixt them which are endued with - vertues, and them which are without vices) yet is it almost a thing impossible, - but that some thing shall at one time or other fall from him, which wel noted - may seeme unto the people foolish or rediculous: wherein much is derogated from - the reputation and dignitie which the subiects ought to have of him. But let vs - suppose that also, him to be neither a man euill giuen, nor foolish; neither yet so to seeme, but to be a man endued with - great vertues, and of good - - Too much familiarity of a prince with his subiects; not - good: and alwayes to be seene of them in his maiestie, a thing unto them - dreadfull. education; yet so it is that too ordinarie conuersation, - and too great familiaritie of the subiects with the prince▪ much diminisheth - his maiestie, and withall engendreth a certaine contempt of him: of which - contempt proceedeth the disobedience of the subiects unto him and his - commaunds, to the ruine of the whole estate. And now againe to the contrarie, - if the prince to maintaine his maiestie shall ordinarily show himselfe unto his - subiects, in his greatnesse, with a terrible port, it may be that so hee may - bee the more of them redoubted: but it is daungerous least he should be - therefore the lesse loued. Whereas the loue of subiects towards their - soueraigne is much more necessarie for the preseruation of an estate, than is - feare; and so much the more, for that loue cannot be without feare to offend - him whome wee loue; whereas feare may well be, and most often is without any loue at all, men commonly hating - him whome they feare, and as occasion serueth still seeking to take him out of - the way.

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And truely unto me more deepely considering of the matter, almightie God - (theHow princes are to behave themselves, to be of their - subiects both beloued and feaed. soueraigne - prince of the whole world) seemeth to have shewed a short way unto worldly - princes (the true images of himselfe) how they are to communicat themselves - unto their subiects, to be of them both beloued and feared: For the - communicateth himselfe unto men but by visions and dreames, and that but to a - few of the elect & most perfect of them also, men of great integritie of - life. But when hee with his owne voyce published the Ten Commaundements, he - caused his fire to bee seene heauens high, and the mountaines to tremble with - thunder and lightning, with such a dreadfull - sound of trumpets, that the people strucken with feare, and falling flat vpon - their faces, besought him, That hee would no more from thenceforth speake unto - them himselfe (for that otherwise they should all die) but onely to commaund - such things as he pleased by his seruant Moyses. So that - that people of all others most chosen, had but once almightie God (who sheweth - himselfe but in spirit to be seene) himselfe sounding forth his lawes; when as - yet for all that to allure men the more feruently to loue him, hee at all - times, and in all places and countries, doth with great loue, and eternall - bountie, foster and cherish all mankind, yea indeed all sort of liuing - creatures, powring continually vpon them his great and infinit favours, larges, - and bountie. If therefore the wise prince - ought in mannaging of his subiects, to imitate the wisedom of God in the - gouernment of the world, he must but seldome times come into the sight of his - subiects, and that with such a state and maiestie, as best agreeth with his - wisedome, power, and greatnesse, and yet make choice of some few most wise and - worthy men, with whome to communicat his secret councels, and by them to - declare his will and pleasure unto the rest, and yet incessantly to heape vpon - his subiects his graces and favours; & with great wisedome and power to - protect and defend them against their enemies. In the booke De Mundo (or of the world) dedicated to Alexander the Great (and without cause ascribed to Aristotle, as sauouring nothing of his stile) a comparison is made of - a soueraigne prince unto God; as that the great king of Persia was stil resiant - in a proud and stately pallace or castle, compassed in with three high walles, - 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 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 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 - themselves ouer, and became Slaves unto their vaine pleasures and delights, most commonly used to withdraw themselves from - the sight of the multitude into some secret - places, that so they might at more libertie glut themselves with all kind of - pleasures. For so Tiberius Caesar of all others the most - cunning dissembler, made choyce of a most desert island, wherein he for many - yeres lived in all kind of voluptuous and beastly pleasures. Which was of him - right filthily done, but yet more wisely than they who with the most odious - smell of their loathsome pleasures pollute and defile as well publike as priuat - places: who besides that they offend more by giuing of euill example than by - the wickednesse it selfe by them committed, doe also in the minds and conceits - of men engender a neglect and contempt of themselves.

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Wherefore a prince that wise is, so oft as he should show himselfe unto the - peopleHow a prince is to frame his countenance and speech - when he showeth himselfe unto the people. (which he should most - seldome do) should so prepare himselfe, as that he may unto all men seeme euen in his face and countenance to carry - with him a certaine state and maiestie, yet still mixt with modestie, but - especially in his speech, which should alwaies be maiesticall and sententious, - and in the manner of phrase, something different from the vulgar. Which if it - shall seeme something hard for the prince to performe, or that he have not the - grace of speaking, it is best for him to speake little, or els altogether to be - silent: For that we know men in so great matters, as to contemne, or feare; to - hate, or loue; to be stil no lesse with opinion, than with any certaine reason, - led & moued thereunto. For if the proverbe of the wise Hebrew be true, That the foole himselfe in holding his peace is accounted - wise, how circumspect and aduised ought a prince to be, when hee - openeth his mouth to speake in publike place? considering that his words, his - countenance, and lookes, are oftentimes - accounted and esteemed of as lawes, oracles, and decrees. Wherein Tiberius the emperour, least he should in any thing - offend, brought in a new fashion, as to be spoke unto, and also to giue - aunswere by writing, for what matter soeuer it was, Moris - erat (saith Tranquillus) eo tempore principem etiam - presentem scripto adire, The manner (saith he) at that time was, with - writing to goe unto the prince euen then present; to the end that nothing might - escape which had not before bene well thought vpon. For it is not possible but - that they which speake much in open assemblies, as in the Senat, or before the - people, must many times erre: which done by a prince, shall breed contempt, or - at leastwise cause him to bee the lesse esteemed: so that a Grecian (I wot not - who) not vnfitly said, That a prince if hee bee wise - - - - should unto the people, or in open audience no otherwise - speake, than hee would doe in a Tragedie. - -

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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 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 - things? yea not to be willing so much as to heare his subiects speake? Things - altogether absurd, and not beseeming the maiestie of a soueraigne prince. Whereunto I say, that mine opinion is not, - that he should so hide himselfe, as not at all to show himselfe; as the kings - yet doe euen at this present in the East Indies, and namely the king of Borney, - who speaketh not unto any but unto his wifeThe maner of the - kings of Borney. and children; neither is seene of any, but still - speaketh unto others by one of his gentlemen through an hole by a reed or cane - which he holdeth in his mouth, as he did unto the king Catholike (as we read in - the histories of the Indies:) but my meaning is,How a prince - ought but seldome times to conuerse with his subiects. that he should - not be much in the assemblies of the people, neither easie to bee spoke withall - of all men, not to vse much discourse with his subiects, except with such as - are neere unto him, or of his familiar acquaintance; - not to take pleasure in iests and taunts, in - play, or other publike exercise: For that by such things the princes maiestie - and reputation, which ought by all meanes to be whole and untouched, is greatly - impaired and lightned: and so much the more, by how▪ much the prince is of - greater estate and maiestie: whereunto good and especiall regard is alwayes to - be had. For it were not seemely for a pettie prince in his estate to - counterfeit the great kings of Aethiopia, of Tartarie, of Persia, or of Turkie, - who suffer not their subiects so much as to looke directly vpon them, neither - are so much of them redoubted and feared for their power, as for the maiesty - that they hold when they show themselves unto their subiects. Howbeit that the - kings of Affrike hold yet this maiestie more, as in the historie of Francis D' Aluarez is to be seene, where hee speaketh of - the maiestie of the Great Negus, whome we call - Prester Iohn: and in the historie of Leo of Affrike, where hee speaketh of the king of Tombut, - before whome his subiects appeare not, but vpon their knees, with dust vpon - their heads.

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Now if any man shall say, That the kings of the East, and of the South are thus - to be honoured, for that their subiects are of an abiect and a seruile nature; - but that they of the North, or of the West, whose subiects be of greater - courage, are not able to endure such a seruitude and slauerie: this shall be in - due place decided, as also what the nature of euerie region is: and yet for all - that I see the kings of England, Sweden, Denmarke, and Polonia, who are situat - toward the North, much better to maintaine the maiestie of their estates with - their subiects, than doe the kings of Fraunce, or the princes of Italie; and the kings of Moscouia yet better than - all the rest, and yet are not therefore the lesse, but well the more of their - subiects obeyed.

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Now the greatest daunger that can come unto a prince, to doe all by others, is, - leastHow the danger least a prince should be dispossessed - of his estate by him whom he putteth in trust for the mannaging of his - 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 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 - Fraunce tooke no other pleasure but to eat and drinke, leauing the mannaging of - all their affaires unto the great Master of - the Pallace. But we must not draw into consequence the example of one king - bereft of sence, to ground a maxime of state vpon. Yet is there well one meane - to meet with that inconuenience, which is, That the prince for one lieutenant, - 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 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 - into the daungers which wee spake of, being in - hazard of their estates.

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As for the administration of iustice, and the hearing of the complaints and - griefes ofIustice better to be administred by good and - sufficient magistrats, than by the prince himselfe. the subiects, it - shall be alwayes better prouided by good and sufficient magistrats, than by the - prince in person himselfe. For who knoweth not so many good parts to bee - requisit in a good judge, as are not all well to be found in the most - sufficient prince in the world? Yea who knoweth not so many things to bee - within the compasse of the duetie of a good judge, as may ouerslip and escape - euen the most skilfull and carefull men? whereof many must needs escape the - prince before he can perceiue them, and so many times - the verie substance of the matter consisteth in that which is - ouerslipped. And if one shall say, that the - prince may have about him both wise and learned councellors, according to whose - aduise and councell he may determine of matters, and so giue iudgement; such as - Augustus, Traian, Adrian, Marcus Aurelius, Alexander - Seuerus, and the other Roman emperours are reported to have had: who - were alwaies accompanied with most worthy and excellent personages: truly that - seemed not so hard a matter unto the Roman princes, so brought vp and so enured - thereunto, but now we live after another manner and fashion. And who is there - that seeth not, not onely the prince not to be able to endure so many dilatory - pleas, so many slights of the lawyers, so many shifts of the plaintifes; such - petitions and outcries of such as run from court to to court? but not euen the - magistrats themselves without incredible tediousnesse to be able to endure the same? all which yet they must deuoure. - Yea the prince is not able himselfe to conceiue all such things as are the - greatest and of most importance in the Commonweale, and how then shall he alone - suffice to decide and determine so many suits and causes? But if hee shall take - 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 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 - mutuall hatred against him, so that shortly after he was forsaken of his armie, which yeelded it selfe to Pyrrhus together with the kingdome, which he so gained - without battell. Besides that in this course taken, we should be alwaies driuen - to have recourse unto the commissioners for instructions: and afterwards unto - the prince for iudgement of the cause: howbeit that it is sometimes hard, and - oftentimes pernitious also, to seperat the instructions of the matter from the - iudgement.

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But suppose that the prince were at leisure, and that hee both could and would - see,An hard chargesble, and daungerous matter, for - subiects to prosecute their suits before the prince. heare, and iudge - all the causes of his people, yet were it a thing not beseeming the maiestie of - 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 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 - to follow the prince still remouing from place to place; where it were better - for them sometimes to loose their right, than with so great charge to follow - the suit. Besides that the most honorable and worthy causes for a prince that - wil himselfe intermedde in iudgements, are the causes - concerning life and honor: who shall be the accusers? who would fall into so - great charges to sue the matter in the court? and into the daunger to bee - slaine by the accused, if the prince should pardon the fault. For when princes - vse scarcely at any time to condemne the - guiltie parties, but doe oftentimes pardon and restore such as be alreadie - condemned: by this meanes should ensue not onely no punishment of offences, but - euen the greatest impunitie of the offendors: than which there is no more - certaine token of a Commonweale in short time about to perish. Wherewith to - meet, secret accusations have bene brought in and admitted by an auntient edict - of Conan king of Scots, which is at this day in vse in - Scotland, and called the Indict: and yet is better prouided for by the - ordinance of Milan (which well deserueth to bee religiously kept in euerie - Commonweale) where in euerie towne there is a chest with an hole in it, in every principall church, whereof the gouernours - have the key, whereinto it is lawfull for - every one secretly to put his bill of accusation against any man; wherin the - crime committed, the time, the place, the partie guiltie, and the witnesses, - are all of them comprised, with the reward of the moitie of the confiscation - 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 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 autiene kings, now belongeth unto magistrats - and judges. for that it was more that was required of a prince, than - of a magistrat. Neither ought it to seeme unto any man straunge, why the office - to iudge and decide matters, proper unto the - auntient kings, should now belong unto the magistrats? for that when people as - yet had no lawes, but that the kings power and will was accounted for law, it - was then needfull for subiects causes to bee iudged by the princes: but after - that lawes were once established, according unto which the magistrat was bound - to iudge, and due punishment by them appointed for offences, and rewards unto - such as had well deserued; that necessitie was taken away, and translated from - the princes unto the judges.

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But here some man may say, That a prince may be so wise, so iust, and so full - of understanding,Not good for a louegne prince how sufficient soeuer, to sit in iudgement himselfe, for feare - of too much lenitie, or else seu: ritie▪ to the peruerting of - iustice. as that he will giue no iudgement but such as is agreeable - unto equitie and reason; and the compasse of - his territorie so strait, as that hee may himselfe suffice to iudge and - determine all the suits of his subiects, as there bee diuers such princes in - the Low countries, in Germanie, & especially in Italie: In this case should - it not be a goodly and a profitable thing for the Commonweale, the prince - himselfe there to administer iustice? If thou aske me what mine opinion is - therein, I thinke it not profitable either for that so blessed a prince, either - for those his so happie citisens or subiects, or him in person himself to sit - in iudgement; not for that the subiects do so much loue and honour the maiestie - of their prince, as not to dare freely enough to speake their minds, and to - cause him to understand their right; neither for that they could hardly have - accesse unto him, for the multitude of causes which he should still have before - 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) - gladly took vpon him the office of the great bishop, because he would pronounce - sentence of death vpon no man, either pollute his hands with mans blood, when - as yet some other emperours who were also bishops (though not so religious as - he) least of all others abstained from such capitall iudgements of life and - death. Now nothing is more contrarie unto true iustice, than pitie; neither - anyNothing more contrary unto true iustice, than lenitie - and piti. 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 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 - and pitifull, there shall bee none so euill or wicked, who by force of teares - and prayers shall not escape the punishment by the law appointed, euen the most - cruell men being oftentimes by them ouercome. So we read, that Augustus the great emperour, for wisedome inferiour unto - none, examining a murderer, began in this sort to question with him, I am sure thou hast not killed thy father: in which words - he not onely instructed the guiltie man what he was to - aunswere to him both his prince and judge, but - also most courteously gaue him his pardon. Nero also at - such time as the condemnation of a man was presented to him to signe, is - reported to have said, Vtinam liter as nescirem, I would - 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 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, - si vnquam posthac: ad parentem sic agi solet, ad iudices, non fecit, non - cogitauit, falsi testes, fictum crimen, Dic te Caesar de facto Ligarij - iudicem esse &c. Caesar (saith he) I have pleaded many causes, and - that with thee, when thou stoodst vpon thine - honour, but yet neuer pleaded I in this manner: pardon him my lords, he hath - erred, he was deceiued, he thought it not, if euer hee shall doe so againe: so - men vse to plead before a (soueraigne prince, or a) father: but unto the - judges, we say flatly, He did it not, hee neuer thought it, the crime is - forged, the witnesses are false. But say Caesar, thy - selfe to be judge of the deed done by Ligarius, &c. - And in this sort secretly infinuating unto Caesar, that - he ought not to bee a judge, holding the place of a soueraigne: and afterwards - highly commending Caesar his noble acts, his valour and - his clemencie, moued him so much, as that he chaunged both his colour and - countenance, and was in such a sort rauished, as that he could not heare the - one halfe of the oration (the shortest of all them that Cicero left in writing) but that he graunted more unto the guiltie man than euer he hoped for. If then Caesar himselfe, one of the greatest orators that euer - was (euen in the iudgement of his capitall enemie Cicero) and one of the most valiant and wisest men of his time, was so - ouercome by the force of eloquence, pardoning him whome he deadly hated, and - had before resolved to put to death: what shall the lesse circumspect prince - do, be he neuer so little enclined unto pitie? how shall he be able to endure - the filed speech of an eloquent aduocat? the pititious complaints of poore old - men? the cries and sighes of distressed women? the weeping and wayling of - little children? King Agesilaus a most famous prince of - his time, ouercome by the importunat requests of a friend, writ unto the - judges, requesting them, That if the partie accused, in whose behalfe he writ, - were not guiltie, hee should bee acquited by the equitie of his cause: but if he were lawfully conuict, hee should yet - neuerthelesse bee for Agesilaus his sake discharged, and - so in any case acquited. But O how many should escape the penaltie of the - lawes, if judges in such cases should hearken not onely unto the princes secret - letters, but euen unto their letters pattents also: and then what may wee deeme - that a prince himselfe would doo? Wherefore himselfe in person to sit in - iudgement, beseemeth not the maiestie of a soueraigne prince.

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But now if it bee so hard for a prince in this case not to erre and bee - deceiued, thenThe people in a Popular estate easily moued - unto pitie. how much more hard is it in a Popular estate, where the - people suffer themselves to bee deceiued and led away with faire words, as a - man may see almost in all the accusations made both in Athens and Rome, when - 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 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 - pardon, and so escaped. Whereupon Cato the elder, who - had accused him, said That had not Galba abused his - children and his teares, hee had beene well whipt. Whereas other noble and - valiant men, who could neither abuse their prayers nor - teares, but bearing themselves vpon their integritie, if but some lying oratour, or false enformer, had accused them, - they were most vniustly condemned. And so oftentimes in like manner not - oratours, but flatterers: and that not openly, but secretly, doe with diuers - deceits circumuent the prince. And therefore the nobilitie of Polonia, by force - wrested a priuilege from Lewes king of Polonia and - Hungarie: That if question were of any of their lives and honours, they should - not bee iudged but by the king himselfe: foreseeing, that so they might easily - escape the iudgement of the king, but not the judges, who are bound unto the - stricktnesse of the lawes. And hereupon it is come to passe, that none of the - nobilitie are euer there condemned to death, what offence soeuer they doe, but - alwayes escape either by fine, or at worst, by - beeing kept in prison for the space of a yeare and sixe weekes, which is now - there passed into the force and strength of a law, and yet is there observed - and kept; as I have learned of Zamosche the Polonian - ambassadour.

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But suppose the prince to bee such an one as is not easily to bee moued unto - pitie orA most hard thing for a soueraigne prince sitting - himselfe in iudgement, to keepe a meane betwixt too much lenitie and - seueritie. compassion, yet then is it to bee feared, least hee in - iudgement fall into crueltie. For whereas to keepe the meane is to euerie man a - right hard thing, so unto princes it is of all others most difficult, who - easily suffer themselves to be carried into the one extremitie or other. If hee - bee a good prince and an embracer of vertue, hee will have wicked men in - extreme horror & detestation, wherwith euen the wisest men are moued - with a iust anger, and so oftentimes - carried away with a cholerike passion. There need no better example than that - of Augustus the emperour, who was accounted to bee one - of the most wise and vertuous princes that euer was, and at his first sitting - in iudgement endured as it were the paine of the condemned: and suffered not - lesse (as saith Seneca) than did they themselves which - were executed. And yet neuerthelesse this vertuous prince by continuall custome - of iudging and condemning such as were conuict before him (as most necessarie - it was) became too much rigorous and cruell, suffering himselfe to bee - transported with passion and indignation against the wicked: in such sort, that - one day sitting in iudgement, and condemning many the accused to diuers - punishments: his friend Mecenas beeing not able for the - preasse to come neere him, cast a little - billet of paper into his bosome, wherein hee called him an Executioner or - Hangman: whereat Augustus suddenly staied, and finding - himselfe transported with choler, and so to bee too hastie in iudgement, to - stay his anger forthwith brake vp the court. And for this cause our fathers - have right wisely ordayned, That the Criminall Chamber of Parliaments should - from three monethes to three monethes still bee chaunged (which for this cause - is called Tournelle: for that all the judges of the - other Chambers iudged euerie one of them by turnes, to the intent that the - common custome to condemne and put men to death, should not chaunge the - naturall mildnesse of the judges, and make them cruell and hard harted. Besides - that it is a verie hard, and almost impossible - thing (as saith Theophrastus) that a good and honest - man, should not enter into choller, seeing the most detestable enormities of - the wicked, and so sometimes to become as a man euen furious, and as it were - out of his wits. So Claudius the emperour hearing one - day the plaintife rehearse the great and manifold villanies of one accused, - fell into such an outrage, that taking vp a knife which lay before him, hee - threw it into the accused mans face, euen in full iudgement. But if the prince - which intermedleth himselfe with iudgement bee by nature cruell, he shall then - make a butcherie of his court; as did the emperour Caligula, who by oneThe most strange & extreame - crueltie of Caligula the emperour. onely sentence, for diuers crimes - condemned fiftie persons, euen unto the same kind of death, and often tooke - pleasure to cut off the heads of many goood men, sometime to proue his owne strength, and sometime to proue but the edge - of his Cimitar, If therefore it bee so hard - euen for the most wise, to keepe the meane betwixt mildnesse and rigour, which - is necessarie for judges, it is not so easily to bee found in princes, who are - most commonly extreame in their actions: for the waywardnesse of a priuat man, - is indignation in a prince; and the anger of a subiect, is called furie in a - king.

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But let vs proceed farther, and suppose, that the prince have the grauitie, the - knowledge,The best and surest meanes for the maintenance - of a prince in his estate, is by all good meanes to procure the loue of his - subiects: and how the same is to be obtained. the wisedome, the - discretion, the experience, the patience, and all other the vertues requisit in - a good judge: yet so it is, that he cannot be without daunger, if he shall in - person iudge his subiects. For the best and fairest rule for the maintenance of - the state of a Monarchy, is, that the prince, if it may be, cause himself to be - beloued of al, without the disdaine or hatred - of any. Wherunto to attaine, he hath two means, the one by appointing due - punishment to be inflicted vpon the euill, & the other by giuing deserued - rewards unto the good. And for that the one of them is fauorable, & the - other odious, it behoueth the prince that would be loued, to reserue unto - himselfe the bestowing of rewards; which are, estates, honors, offices, - benifices, pentions, priuileges, prerogatiues, immunities, exemptions, - restitutions, and other graces and favours, which every well aduised prince - ought himselfe to graunt: but as for condemnations, fines, confiscations, and - other punishments, he is not himselfe to meddle with them, but to commit them - unto his most vpright and wise magistrats, for them to doe good and speedie - instice therein. In which doing, they which receiue the benefits, shall have - good cause to loue, respect, and reuerence the - prince their benefactor: and those which are condemned, shall yet have no - occasion at all to hate him, but shall still discharge their choller vpon the - magistrats and judges. For why, the prince doing good to every one, and euill - to none, shall be beloued of all, and hated of none: which euen nature hath - figured out unto vs in the king of Bees, who neuer hath sting, least he should - hurt any. And albeit that the sacred Scriptures teach vs, all plagues, - 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 divided, but as - from a not letting cause: which cause the manner of the Hebrew phrase - euerie where signifieth by the word Hiphil, ordinarily used, when it speaketh of the - vengeance of God. We read also in the Poets (though somewhat otherwise) that - Iupiter had three kinds of lightning, which they - called Manubias Albas, Rubras, Atras, The first is - white, which serueth for aduertisement, but hurteth no man, as proceeding onely - from Iupiter, and his friendly aspect unto the Sunne: - For which cause Seneca saith, Id solum - fulmen placabile est quod mittit Iupiter, That onely lightning (saith - hee) is peaceable which Iupiter sendeth. The other is - red, and proceedeth from the aspect of Iupiter unto the - inferiour planets, whome they call the inferiour gods, which hurteth and - blasteth fruits and beasts, but killeth no man. The third is blacke, and made - by the aspect of Iupiter unto the high planets and the - sixe starres (which they call the high gods) - which killeth, ouerthroweth and destroieth whatsoeuer it lighteth vpon. For the - Theologie of the auntients belonged unto the Bishops, the Philosophers, and the - Poets, as Marcus Varro witnesseth in the one and - twentieth booke of worldly things: wherein they all agreed, That the great God, - which they thought to be Iupiter (to speake properly and - according to the truth) could not be himselfe augrie, neither hurt nor condemne - any man, but all things to be done by meane causes, and the ministerie and - power of angels. And therefore the auntient Aegyptians deriued a law euen from - - - Promethius their law giuer, whereby their kings were not - onely forbidden to kill any man, but euen so - much as to behold any execution done; least by such looking on, some print of - crueltie should remaine in them the beholders. And this unto mee seemeth a - great secret of this our kingdome, and a thing of great force for the gaining - of the subiects loue and good will towards the prince; all rewards, gifts, - honours, offices, charges, and commaunds, comming still from the king: but - penalties, and punishments alwaies adiudged and inflicted by the magistrats. - For at such time as William Poyet (my countrey man) - Chauncellor of Fraunce was accused of treason, and by the enuy of his most - gratious enemies circumuented, the king who had receiued the wrong would not - himselfe be iudge in the cause, neither so much as be present at the triall; - 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 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 - accused of treason, had for their judges, one of them euen the verie - conspirators themselves, guiltie of the same treason against the prince, and - the other his great enemies.

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But here haply some man may say, the honour of noble personages to require, - that when question is of their lives, their honour, or whole estate, the king - himselfe should take vpon him the hearing of the matter. For when the duke of - Alencon (Charles the - seuenth his nie kinsman) was accused of treason, the court of parliament - answered the king, That hee could not be tryed but in the presence of the king, - and of the peeres of Fraunce, without being lawfull for them to appoint their - substitutes. In like case vppon councell asked by Lewes - the eleuenth, when question was for the triall of Renate - of Aniou king of Sicilie, the court gaue the same aunswere, viz. That it could not soNot lawfull for the French - king to be in person assistant in the triall of a prince or peere accused of - treason. much as giue an interlocutorie decree against a peere of - Fraunce, when question was of his honour, except the king himselfe were there - present. I say for all that, that this was not for the king to iudge. For why, - it is to be proued, that the king in auntient time was not in person himselfe - assistant in the iudgement of treason, although it were in the triall of the - princes, or of the peeres; as is to be found in the records of the court, a - protestation the third of March 1386, made by - the duke of Burgundie, as chiefe peere of Fraunce, against king Charles the sixt, wherein is contained, That the king - ought not to be assistant at the iudgement of the king of Nauarre, arraigned of - treason; and that so to be, appertained not but onely to the peeres of Fraunce, - saying, The like protestation to have beene made against king Charles the fift, to the intent hee should not bee present at the - triall of the duke of Brittaine: and in case hee would needs passe on farther, - and breake the custome of their auncestors, the peeres of Fraunce demaunded in - full parliament, That an act of that their protestation might be unto them - 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, 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 - confiscation of the marquisat: and albeit that the kings Attourney generall - vrging the matter, the king was at the iudgement present, yet gaue hee not - sentence, whereby the marquesse was himselfe condemned, and his goods most - iustly confiscat, yet that iudgement for al that seemeth unto many but - extorted, and the other princes rested therewith much discontented. So also Alexander the Great would neuer - take vpon him the person of a judge, neither thought it meet to bee assistant - in the iudgement giuen against Philotas, Calisthenes, and others which conspired against - his person, least he should so seeme to have terrified the judges, or to have - taken fromThe king ought nt to be - judge, where he is himselfe a partie, as in matters concerning his owne - interest. them the free power of iudging: as we read in Quintus Curtius. For if it bee contrarie unto the law of - nature, that the partie should be judge also; & That the king is a partie - in all causes which concerne either the publike or his owne proper patrimonie - in particular, in which case he cannot be a judge; by a much stronger reason - ought the same to take place in the offence of treason, and especially in the - chiefe point, where question is, the partie accused to have attempted the - honour or life of his prince. And for this cause Lewes - the ninth would not pronounce sentence at the iudgement of Peter Mauclere duke of Britaine, albeit that hee was there present - when the iudgement was giuen; neither likewise - at the iudgement of Thomas earle of Flaunders. Neither - yet Philip the Long the French king, in the cause of Robert earle of Flaunders attainted of treason. Yea that - more is, the decrees or sentences are giuen in the name of the peers, and not - in the name of the king, albeit that he were himselfe there present: as is to - bee seene in the sentence giuen against Robert earle of - Flaunders, which beginneth thus, Nos pares Franciae ad - requestam & mandatum regis venimus in suam curiam Parisijs & - tenuimus curiàm cum xij alijs personis, &c. Wee the peeres of - Fraunce at the request and commaundement of the king came into his court at - Paris, and with twelue other persons held court. The sentence also against Peter Mauclere, whereby the fee of the countie of - Britaine was taken from him, is giuen by one archbishop, two bishops, eight - earles, Mathew - Montmorancie the vicount of Beaumont, and Iohn - of Soissons, conceiued in these words, Notum facimus quod nos - coram clarissimo domino nostro Ludouico rege Franciae iudicauimus, - &c. We make it knowne, that we before our most noble lord Lewes king of Fraunce have iudged, &c. By which words - it appeareth that the king, albeit that he was present, yet gaue not sentence, - no not euen in trials concerning soueraigntie. So also we may see in the case - of the succession of Alphonsus countie of Poitiers, - although there were but question of the demaine, the king yet neuerthelesse - gaue not therein his opinion or iudgement. Neither in like sort did king Francis, howbeit that he was present at the iudgement of - Charles of Burbon the constable attainted of treason▪ - And that more is, when question was of the fealtie and homage which the - counties of Champagne ought to doe unto the - king, it was iudged by the peeres of Fraunce, and many earles, the king the - present, not to iudge, but to assist them: the forme of which sentence is yet - found in these words conceiued, Iudicatum est a paribus - regni, videlicet a Rhemensi Archiepiscopo, & Lingonensi, Guillielmo - Catalaunensi, Ph. Beluacensi, Stephano Nouiomensi episcopis, & Odone - duce Burgundiae, & alijs episcopis, & baronibus, &c. Nobis - audientibus & iudicium approbantibus &c. Now if the prince - ought to doubt to iudge the causes of his subiects, where it concerneth but - their particular, and wherein he himselfe can have no interest, to the end not - to giue occasion of discontentment to them whome he should condemne, whether it - were right or wrong, but ought still to maintaine himselfe in the loue and - vnitie of his owne people, as in a most - stately and strong tower: then how much more ought he so to doe, when hee is - himselfe a partie, or the causes capitall, as for rebellion or treason? I - remember, that in the triall of Charles duke of Burbon, - one Valier examined in the tower of Loches, by the - president de Selua, and the bishop of Puy, and other the - conspiratours examined at Tarrare by Iohn Brinon - president of Roan, deposed, That the occasion which caused the duke to rebell, - was the aunswere that king Francis made unto the - articles which the duke had sent unto the court of parliament, concerning the - suit he had against the king and the regent, concerning certaine lands and - demaines which the duke claimed as belonging unto - himselfe. Wherein had not the king in any sort medled, but left it all - together unto his judges and attourneies, - he had not giuen occasion to so great a subiect to have brought both the king - himselfe, and the whole realme, into such a daungerous an estate as it was in - short time after. For what good iustice soeuer the prince do, alwaies he that - shall bee condemned will thinke that hee hath wrong done him.

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Now to say as some men do obiect and say, That if the prince in person - himselfeA vaine obiection for the shortning of suits, if - the prince himselfe in person take vpon him the administration of - iustice. should take vpon him the administration of iustice, men - should have a good and quicke dispatch of their suits; and that such numbers of - appeales, such exceptions and petitions, with other long delaies of iustice, - should be so quite cut off; deserueth not so much as aunswere. For who is he - which knoweth not at what great charge he must bee, how many circumstances and - delayes, how many windings and turnings, how many repulses and griefes he must endure that hath any suit in court? - Neither is it to be thought, Iudgements to be so much the better, by how much - they are the shorter. For albeit that Thucidides (the - most famous of them that were of his time, of the councel of the Areopagi in - Athens) seemeth to have beene in the same opinion that some others were, viz. That offences once committed, were forthwith to be - punished; yet I verily suppose the opinion of Plutarch, - yea of the Hebrewes themselves to bee the truer: for these thinke it necessarie - for him that will iudge aright, to vse delaies in publike iudgements. But he in - that little booke which he wrot of the slow vengeance of God, plainlyThe quicker iustice not alwayes the better. teacheth men - to be warned by almightie God, if they will be the true imitators of his - iustice, to proceed but slowly and by - little and little in the triall of capitall causes, whether it be that the - truth of the matter may the better appeare, or for the drawing of some profit - from the offendors before their death, or to draw them to repentance, or for - their more griuous punishment (for that the punishment is the greater the - longer that it hangeth ouer ones head) or the better or more iustly to iudge of - another mans life, being withall in question. For right hard it is for a judge - pressed with choller and desire of revenge, hasted by some, and thrust forward - by others, to doe good iustice, what knowledge or feare soeuer hee have to - iudge amisse: and what shall then the prince doe, who hath neither the one nor - the other? The iudgements of the inferiour magistrats are corrected by the - superiour, by way of appeale: but if the prince himselfe shall take vpon him to iudge, who shall reforme his decrees? - For he that in the former iudgement hath not sufficiently declared his matter - unto the judge, or by ouersight let some thing passe; if yet he may appeale, - all may wel be amended: but if the prince himselfe shall once giue iudgement, - the gate is then after sentence shut vp, and no place left for appeale, or how - to amend the errour. Which we say to restraine a prince from intermedling with - iudgements, except he be a man of great wisedome, or vse therein theCauses worthy & well beseeming the princes hearing & - deciding. assistance of his wise and learned councellors; and the - causes such as may seeme worthy the princes hearing and iudgement: following - therein the councell of Iethro, who seeing Moyses troubled from morning to night in doing iustice to - all men, and in all causes, You kill your selfe (said he) with taking so much - paine; chuse mee out of the wisest and most - discreet men of the people to ease your selfe vpon; and if there be any thing - 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 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 - iudgements to extend something farther, yet was the emperours iurisdiction for - the hearing of matters still shut vp and included within certaine bounds: which - for all that the princes flatterers, or else the - princes themselves oft times went beyond, sitting in iudgement sometimes - euen of light and ordinarie matters: so as - did Claudius the emperour, (the most sottish lout that - euer was) who yet would alwayes be iudging and deciding of causes and - controversies: of whome Tranquillus thus writeth, Alium negantem rem cognitionis sed ordinarij iuris esse, - subito causam apud se agere coegit, He compelled (saith he) another man - denying the matter to belong unto the emperours hearing, but to be onely an - ordinarie matter, and so to belong to the ordinarie iurisdiction, hee compelled - him (I say) euen forthwith and without more adoo, to plead the cause before - him, but that so foolishly, as that the lawyers openly mocked him, therefore - 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. understood, , An old man, and a - foole too. And another tript him going - out of the iudgement seat, and so gaue him a fall: yea his folly at last - proceeded so farre, as that the verie pages and lackies would play with his - nose as hee slept, and spot his face with inke. And into this case the prince - must needs fall, who void of wisedome, thinketh it a goodly matter in the - presence of the people to determine great matters, and so to make himselfe to - bee of all men contemned and laughed at: than which nothing can be more - daungerous in a Monarchy. Wherefore the prince which will often sit in - iudgement, be present in the Senat, or much show himselfe unto the people, him - I would have equall in understanding unto Salomon, in - wisedomeThe great care that a prince should have of - himselfe, which would oftentimes it in iudgement, - or much show himselfe, and especially unto strangers. to Angustus, and in modestie to Anreltus; or els but seldome to come abroad, and more seldome himselfe - to administer iustice, and that so much the lesse in the presence of straungers, who still iudge such things as seeme - not commendable in a prince, not onely in his mind, but euen in the euill - feature of his bodie, or vncomelinesse of his attire: and such other small - imperfections (which the subiects for the loue and reuerence which they beare - unto their naturall prince easily beare with all) to be euen right great vices - or deformities. Which the straungers neuer excuse, but reporting the same to - the worst, still augment them in straunge places, euen to the least of his - lookes, countenance, behauiours and gestures. The same of king Agesilaus had with the bruit therof filled all the lesser - Asia, Greece, and Affrike, whome yet when the king of Aegypt had seene lying - vpon the ground in a medow, with a course Greeke cloke on his back, and - himselfe but leane, little, and lame withall, he made of him no great account, - but rather had him in contempt and derision. - The like is reported in the memorie of our fathers, to have happened unto king - Lewes the eleuenth, who being chosen arbitrator in a - controversie betwixt the kings of Nauarre and Castile, and going unto the - frontiers of his kingdome, the Spaniards at their arriuall mocked the French - men and their king, Who seemed unto them as a pilgrim come from Saint Iames of Compostella, with his great cap vpon his head, - set all about with brouches, and his iacket of course cloath, without any - maiestie at all, either in his countenance, or in his behauiour; and they of - his traine all in like sort apparrelled: (For why, he could not abide to see - any man in braue attire) whereas the king of Castile and his troupe beeing - come, showed themselves in most sumptuous attire, with their horses in their - rich caparisons: which shewed a certaine - greatnesse in the Spaniard, insomuch as that it seemed the Frenchmen to have - bene but the Spaniards seruants, but that there was a great and strong armie of - them not farre off in the field, in readinesse at all assaies: which the - Spaniards discouering, yeeld unto the French king such conditions as himselfe - pleased. And yet the same king Lewes the eleuenth - considering princes by the opinion of men to bee either prayse or disprayse - worthy (who commonly are led away but with the exterior show) hearing that the - ambassadours of Venice were come brauely apparrelled, and well accompanied, he - caused himselfe to be also most magnificently in royall robes attired, and so sitting in an high chaire of Estate, admitted - the embassadours unto his presence.

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Wherefore with greater reason ought a prince, when as he commeth to an - enterThat princes ought seldome to come to an enteruiew - of their persons. view with another strange prince (which he ought - but most seldome to doe) to shew himselfe in such sort, as that there be - nothing in his attire, and much lesse in his countenance or behauiour and - speech to be discommended. And that is it for which Philip - Comines speaking of the enterview of princes, sayth, That they ought to - shun it so much as they may: for that their presence alwaies diminisheth their - fame, and the opinion conceiued of their persons, causeth them to bee the lesse - esteemed: a thing yet more to be feared towards the strangers than towards the - subiects.

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Now that which I have said, It not to be fit for soueraigntie, or for - soueraigne princes to entermeddle with - 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 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 - magistrats, excepting the offence of treason, and that in the highest - degree.

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But yet besides the inconueniences by vs before noted, nothing hath euer bene - moreThat the Senat or Magistrats are not to be depriued - of their authoritie & power to have the sam - giuen to the prince. daungerous, or more ruinated Commonweales, than - 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 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 - stand, except they be vpholden and staid by most strong shores, and rest vpon - most sure foundations; all which consisteth in the Senat or councell, & in - the good duties of the magistrats. In which thing the Venetians, as they have - done many things wisely, so have they done in - nothing more than in that, that they which have the soueraigntie, intermedle - not with iudgements onely, but not so much as with any other thing els, which - may wel by the magistrats or the Senat be dispatched: Which haply hath bene one - of the chiefe meanes wherby that state hath bene so long preserued, considering - that there neither is, nor euer was any Cōmonweal, where they which have the - soueraigntie troble themselves lesse with that which belongeth unto the councel - or the magistrats. The Great Councel of the nobilitie, or gentlemen, wherin the - whole maiestie of that Commonweal resteth, is neuer assembled but for the - creating of new magistrats, or enacting of lawes, all the rest of the affaires - of the estate being to be dispatched by the Senat, and the councell of the Ten, - and of the Seuen men; and matters of iurisdiction by the other magistrats. Which if it be a thing commendable, and well - appointed in Aristocratike estates, with better reason ought it to take place - in Popular estates, Where the moe heads there be, the lesse - wit there is, and so the worse resolution also. Neither like I of Xenophon that most famous mans opinion, who speaking of - the Athenian Commonweale, saith, That the more popular that the lawes are, the - better they maintaine a Democratie, or Popular estate, When as (saith hee) the - people hath the hearing of all matters, and that all passeth by lot and voyce: - which thing indeed doth vtterly ouerthrow all Popular Commonweales. As in - Athens, when as by the persuasion of Pericles, the - hearing and deciding of matters, and the mannaging of the state, was taken from the Senat or councell of the Areopagi, to be - brought backe unto the people; the - - The Popular Commonweale not to be the best maintained by the - most Popular lawes. citie destitute of wit, and without councell, - fell first forthwith into great broyles, and not long after into vtter ruine - & decay. But amongst the Swissers, where their Popular estates have now - flourished 260 yeares, and so yet continue and grow from good to better, still - flourishing both in peace and warre: those their estates are preserued and - vpholden by lawes of all other least popular, nothing being almost left unto - the people more than the chusing of their officers, the other rights of - soueraigntie being but sparingly and within a certaine convenient measure - communicated unto them. Neither was the Roman Commonweale euer fairer or - farther from civill warres, than when (the maiestie of the people saued whole) - all things were done by the Senat and the magistrats: which was from the first - Carthaginensian warre, unto the conquest of - the kingdome of Macedon. But after that both the Gracchies by their most popular lawes had taken from the authoritie of - the Senat and the power of the magistrats, as much as they possibly could, all - 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 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 - the vnbridled libertie and insolencie of the people, taking vpon them the - hearing of all things, aboue the authoritie, iurisdiction, and power of the Senat, or of the other magistrats.

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But the best kind of Commonweale is that, wherein the soueraigne holdeth - whatThe best ordered Commonwealth concerneth his - maiestie, the Senat maintaineth the authoritie thereof, the magistrats execute - their power, and iustice hath her ordinarie course. Whereas otherwise if the - prince or the people shall take vpon themselves the authoritie of the Senat, or - the commaunds, offices, or iurisdictions of the magistrats; it is much to be - 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 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 - tyrant Caligula, who would not that theThe foolish saying of Caligula. lawyers should so much - as giue their councell and opinions, when as he said, Paciam - vt nihil respondeant nisi Eccum, that is to say, That is he to whome it - alone belongeth to giue his opinion; meaning by himselfe: but by the word Eccum, which is, Behold the man; alluding to the word Aequum, which is, That which is right and iust. But this - opinion by little and little crept into princes minds, breeding in them an - incredible desire of oppression and tyrannie.

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- - - - - - CHAP. VII. - - ¶ Whether a Prince in civill factions ought to - ioyne himselfe to one of the parties, and whether a good subiect ought to be - constrained to take part with the one or the other faction: with the meanes to - remedie seditions. - -

- - NOw wee have alreadie declared▪ What a Soueraigne - 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 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 - to follow the one or the other partie, or not. And first let vs set downe this - as a maxime, All factions and part-takings to be daungerous and pernitious in - euerie sort of Commonweales, and that they ought, ifAll - factions and part-takings dan gerous unto Commonweales▪ it be - possible, by all meanes to be preuented; or if that cannot be before they bee - plotted, yet to search the meanes to heale them▪ or at leastwise to imploy all - convenient remedies to mittigat the disease. And albeit that of ciuil seditions - and part-takings there sometime commeth great good, as some one or other good - law, or some other good reformation, which had - not beue if the sedition had not happened; yet it is not therefore to be said, - that sedition is not daungerous, although that it by chaunce and casually draw - after it some good: as in mans bodie a disease chauncing, is the cause that men - vse letting of blood, and purgations, and so draw away the euill and corrupt - humors: so seditions oftentimes are cause that the euill or wicked men are - slaine, or driuen away and banished, to the end that the rest may live in - quiet; or that euill lawes and decrees be cancelled and repealed, to giue place - unto good, which had otherwise neuer beene receiued. For which if one shall - say, That seditions, and civill warres, are good, hee might also say, that - murders, parricides, adulteries, theft; and the subuersion of estates & - Commonweales are also good. For why, there - is no impietie so great, no villanie so detestable, whereof no profit may - redound, either to all, or to some men in particular; yea the verie villanies - of wicked men almightie God vseth to draw either to the punishment of the - reprobat, or to the glorie of his name. Which yet to prayse, were as if we - should commend diseases; as Fauorinus the Philosopher - highly commended the feuer quartaine: which were but to confound the difference - betwixt good and euill, the difference betwixt profit and disprofit, betwixt - honour and dishonour, betwixt vice and vertue; and in briefe to confound fire - and water, heauen and earth together. Wherefore as vices and diseases are - daungerous both unto the bodie and the soule; so seditions and civill warres - are hurtfull and pernitious unto all estates and Commonweales.

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But it may be some man will say, That seditions and civill warres are good and - profitable - - Seditions and factions dangerous euen for Tyrannicall - gouernments for Tyrannicall Monarchies, and for the maintaining of - Tyrants in their Tyrannicall estates, they being alwayes enemies unto their - subiects, and such as cannot long continue, if the subiect be once at accord - amongst themselves. But we have before declared, the Tyrannicall Monarchy to be - of all others the weakest, as that which is not but by cruelties and villanies - nourished and maintained; and yet commonly wee see it to fall and take end by - seditions and civill warres: so that if we looke into all tyrannies which have - bene destoyed and ouerthrowne, we shal find it most commonly to have happened - of factions and civill tumults. Yea euen the most craftie and subtill tyrants, - who by little and little put to death, now some, - and then others, to fat themselves with the - blood of their subiects, and to saue their owne vnluckie life, which they lead - in continuall paine and languor, neuer escape the murdering hands of - conspirators; who so much the more encrease, by how much moe the tyrant putteth - of his subiects to death; others which are unto them allied, being alwaies - prest and readie to revenge the death of their so nie kinsmen: and albeit that - the tirant put to death all their kinsmen, friends, and allies, yet - neuerthelesse they shall so stirre vp all the good subiects against themselves. - And of the goods of the subiects for tyrants to enrich themselves, is to - procure their owne ruine and decay: for it is impossible that spleene should - fill it selfe, or that the ouergrowing of corrupt proud flesh should fatten it - selfe, but that the other members must drie, and so the whole bodie shortly - after perish and consume also. And therfore - the Florentines in my iudgement had no reasonable cause, why secretly to - maintaine the factions of the Pistoians, whome they had before subdued: for - that they foresaw not, them whome they thought might so by their mutuall - broiles and contentions be weakned, & so the more easily endure the - Florentines their lords, by liberty and the vse of armes to grow more fierce - and couragious, than if they had lived in peace and quiet, and with aboundance - of delights lost their force and strength: besides that, they therewith lost so - much of their owne force, by the losse of so many good subiects, one of them by - another ruinated and ouerthrowne.

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Now if seditios and factions be dangerous unto - monarchies, then are they muchAn especiall benefit a Monarch - hath aboue other Commonweales. more daungerous unto Aristocraties and - 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 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 - factions how they are to be suppressed. of an handfull of people, or - some small number of subiects, but euen of a good part of them banded against - an other, able to trouble the whole estate: but if they be but few in number, - hee that hath the soueraignty in hand, ought at the first to represse them; - which he may doe either by commaunding them to lay downe armes, or by referring - the cause of their dissention and variance - unto indifferent judges: or if the matter bee such as may require his own - declaration and pleasure, then to doe the same with good aduice, and the mature - deliberation of his most wise magistrats and councellours, not in any wise - suspected to favour the one part more than the other: and this to the intent - that the prince, or they which have the soueraignty, should not themselves - beare the enuy or discontentment of them which should so bee condemned. But if - the faction be grown so farre, as that it cannot by way of justice, or by - orderly inducements be appeased, it then be hooueth the soueraigne prince, or - them that hold the soueraignety in an Aristocratie or popular estate, to vse - their forces for the vtter extinguishing thereof, by the punishing of some few - of the ring-leaders and chiefe men in the faction; that so the punishment may touch but some few▪ and yet the feare - come unto all of them. Neither ought the soueraigne prince to deferre the - matter so long, vntill they bee growne so strong as that they be not any more - to be resisted, or that the leaders of them being for feare of punishment - become desperat, shall seeke to ouerthrow the whole estate of the commonweale. - For there still are, and alwaies have bene good and valiant men, which for the - welfare of their countrey doubt not to aduenture their lives; although there be - many, who to the contrary had rather their countrey should perish for them. - Which kind of men (the very plagues of commonweales) are vpon the sudden to bee - oppressed▪ lest happely the whole estate of the - commonweale were oft times by some one or - other of them to bee indaungered; yea, although such civill discord rise but - for some priuate displeasure of theirs.

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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 - of the soueraigne prince, there is then no question whether the prince should - take a part, or show himselfe an open enemy unto such seditious, which so - professe themselves of all others the greatest enemy of their prince & - commonweale: for otherwise, if when the state and welfare of the commonweale, - or the prince his owne life is attempted, he shall sit still but as an idle - beholder, he shall so inuite and annimate not the more desperate sort of men - onely, but euen very cowards to seeke after his life also. But yet a great - difference there is to bee made in the manner - of punishment of the offendors: for if the number of the conspirators against - the state or his person be but few, he shall suffer the Magistrats to proceed - against them by order of law, and as he seeth cause himselfe to moderate the - heauinesse of the punishment; which the fewer the conspirators are, is so much - the sooner to be inflicted▪ and before that moe bee discouered, to the end that - by the punishment of some few, the good subiects may stil be kept within the - compasse of their allegiance and dutie, and those which were euill enclined, so - terrified from their euill intended purpose. Neither yet is too strait or - strict enquirie to bee made to findThat in a conspiracie it - is not good to make too strait enquiry to find out all the - conspirators. out all the conspirators, least by force of torture and - torment, such things bee haply wrung out, as - were indeed better vnknowne than knowne. And yet it is not to bee dissembled or - winked at, if the partie guiltie bee once discouered to have conspired against - the life of his soueraigne, or yet to have but bene willing so to have done. As - it happened unto a gentleman of Normandie, who confessing unto a frier (his - ghostly father) of a purpose that he had had to have slaine Francis the first the French king, but yet not daring so to do, to - have repented him now of his so wicked and detestable a purpose, was therefore - of the frier so much as in him lay pardoned; who yet neuerthelesse forthwith - reuealed the same unto the king, who causing the gentleman to bee apprehended, - sent him unto the parliament of Paris to be tryed, where he was as a traitor - condemned to death. Howbeit, that (in mine opinion) the king in his greater - wisedome might have done better to have - pardoned him, for that it had repented him of that his wicked purpose (which - the law for the hainousnesse of the fact doe so seuerely punish) & so was - become the betraier & accuser of himself before he was by any other - 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 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 - prouinces: but was yet neuerthelesse vpon the - way slaine, not without the secret commaundement of Augustus himselfe, as many men supposed, vsing therein the like - subtilty: a craft that had his vncle Caesar before used, - in giuing pardon to M. Marcellus at the request of the - Senate; who yet was immediatly after slaine, as one of Caesar his most mortall enemies. Yet more likely it is, neyther Caesar (who in a certayne naturall clemency exceeded - almost all other princes) neyther Augustus (placed in so - high a seat of honour and maiestie) to have beene willing to have defiled or - stained their so great honour & dignity with the secret murder of them whom - they might most iustly have executed. Howbeit that some of the finer sort to - the contrary excuse the matter, as by them done for the safty of their owne lives; and yet so by his meanes still to maintaine the - great opinion which they had before - - Torture for the finding out of conspirators ought to be most - warily used. caused men to conceiue of their clemency and mercy. But - if the conspirators be in number many, and that they be not all discouered, the - wise prince ought to beware how he putteth to torture those that be condemned, - albeit that he might euen with a becke without danger kill them all: for that - for one that he should put to death, there would arise vp an hundred of their - 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 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 - condemned, discharged their choller vpon the tyrants most faithfull and loyall - 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 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 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 - sayed, Optimum remedium insidiarum, est si non - - Conspirators preuented to have oftentimes bene right wisely - dissembled, and not farther enquired after. - - intelligatur, The best remedie of a conspiracie is, not - 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, 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 - great) was most straitly appointed. By which decree of the Senat, the - conspiracie intended, was without any tumult or bloodshed at all quietly - suppressed. So in like manner Eteocles captaine of the - Lacedemonians, with a strong garrison of souldiors holding the island of Chio - against the Atheniensians, and - understanding that the garrison souldiours secretly conspiring together, had - determined to kill the inhabitants their friends and allies, in whose aid they - were come, and so to take unto themselves the possession of the iland; and that - the signall of the conspiratours was, for every one of them to carrie in their - hands a cane, or reed: hee (I say) understanding of the matter, and accompanied - with certaine of his most assured friends, & so walking about the citie, - slew the first that he met withall carrying of a reed, and so suddenly gaue it - out, That hee would kill all the rest that so carried reeds in their hands, and - yet withall tooke order with the inhabitants of the island, that the souldiers - were paid their pay: and so by the death of one onely souldiour the conspiracie - was quenched before the fire could bee well kindled: and the occasion of the conspiracie so taken away, and all againe - well quieted. Wherefore euerie gouernour and magistrat ought to take care, not - so much to take away seditions alreadie growne, as to preuent them: For that a - sedition once set on fire, is like a sparke suddenly blowne, which with the - 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 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 understand of the conspiracies - against princes, than of such as are against - themselves at Rome contriued. - - Pelopidas, for the surprising of the castle Cadmea, and - the expulsing of the Lacedemonians out of Thebes, was knowne in Athens, before - that any thing thereof was disconered in Thebes, as the euent shewed. For why, - but euen a little before that Archias the captaine of - the castle was together with the garrison souldiors therein slaine, he was by - letters from the bishop of Athens warned to looke to himselfe: which letters - because he would not at supper read, he used the common proverb; In crastinum negotia, To morrow will serue for our - businesse. Who knoweth not the emperour Charles the fift - to have bene either partaker, or priuie almost to all things that were any - where done by other princes, yet did he not so much as once suspect the - conspiracie which 1552. duke Maurice and Albertus marquesse of Brandeburg - his familiar and domesticall friends, had euen - fast by him contriued against him: yea and had also effected the same before he - could feele or perceiue the smoke thereof. But what need forren examples? the - conspiracie of Amboise, which set all Fraunce on fire, - was diuulged in Germanie, England, and Italy, before it was once suspected by - them against whome it was contriued in Fraunce: unto whom the cardinall Granuellan is reported by his letters to have first - discouered the same, and yet there were aboue ten thousand persons which had - therein a part. Whereby it is plaine, such conspiracies as wherein the force - and powerConspiracies hard to be concesld, being oft times euen - by women reuealed. of many is to be required, to have alwayes had - most difficult and daungerous euents: for that they can neither by a few be - effected, neither yet by many be concealed. Yea oft times it chaunceth the - conspirators most secret designes to bee euen by women first reuealed. As it happened to Philotas, - who discouering the conspiracie against Alexander the - Great unto a courtisan whom he loued, was together with his complices to his - destruction by her bewrayed. So Fuluia understanding of - Cateline his conspiracie by one of his souldiors, - reuealed the same unto the Consull Cicero. And in our - time the secret designes of the Prior of Campania (generall of the French - gallies) for the sudden surprising and rifling of the citie of Venice by a - souldiour reuealed unto a courtisan,The most dangerous - conspiracie that can be against the person of a prince, and the hardest to - be auoyded. was forthwith by her - discouered and made knowne unto the Senat. Yet for all that an hard matter it - is for a prince, be he neuer so wise or subtill, to preserue himselfe from the - daunger of a resolute man that hath sworne his death: for that as the secret, - & the exeuction thereof is but against one - man onely, so is it but in one man alone enclosed, willing and resolved to - sacrifice his life (how deere unto him soeuer) to have another mans, howbeit - that he were beset round with an armie. Such an one as Scuola is reported to have bene; who of the euent - gaue first name unto his house and familie, for that he of his owne accord had - thrust his right hand into a burning fire, so to bee burnt of, for that he - mistaking the man, had slaine the kings lieutenant in stead of the king - himselfe. With no lesse boldnesse (or valour should I say) did a seruant of Lazarus the Despot of Seruia kill Amurath the king of the Turkes, in the middest of his legions of men, - so to revenge the death of his lord, and the dishonour done unto the queene his - wife. So Pausaenias also in the sight of the whole armie - slew Philip king of Macedon, Alexander the Great his father. And Peter - Aloisius also duke of Placence, was in - his owne castle by two murderers stabbed and slaine euen in the sight of his - 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 (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 - secret places, to have slain him an hundred times, what death soeuer they - should therefore have died. Yea amongst the rest of many most desperat murtherers, there was one, who euen in the councell chamber - strucke him with his dagger, thinking so to - have stabbed him (his guard standing round about him) not knowing him as then - to have had a priuie coat vpon him. And yet well hee knew that his life lay - thereon, and so indeed was presently cast headlong out at a window downe to the - ground.

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But forasmuch as we have before touched certaine meanes which may preserue a - prince from falling into these daungers, and whereby to hinder the conspiracies - which might be made against his person: Let vs now see how he ought to beare - and behave himselfe in conspiracies and factions, which are not directly - against himselfe nor his estate, but amongst his great lords among themselves, - or among the estates, townes, or prouinces subiect unto him; all which he ought - by all meanes to preuent, and not to neglect - any thing how little soeuer it be for the meeting therewith. For as the great - stormes and tempests are caused of most light and insensible exhalations and - vapours:Of small sparkes oft times do arise the great - flames and fiers of sedition. euen so seditions and civill warres the - 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 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 - judges and magistrats of Constantinople, going about to punish the seditious, - 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 (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 - in one day in that quarrel slaine: and had not he the leader of the faction - (and he euen the new chosen emperour) there beene killed, the emperour Iustinian had vndoubtedly had much to do to have saued - 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 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 - so changed the Aristocratie into a Democratie or Popular estate. Wherfore it - behoueth a prince, before the fire of sedition and civill warres by such - sparkes beThat the quarrels of great men ought euen in the - beginning to be wisely appeased, or by force of the prince - suppressed. enflamed, to cast on cold water, or else quite to quench - the same: that is to say, to proceed to the preuenting thereof, either by sweet - speeches and persuasions, or elsby open force. - So as did Alexander the Great, who seeing Ephestion and Craterus his - greatest friends, vpon a mutuall emulation to be at discord and varience - amongst themselves, and so to draw the rest of his valiant captaines into - parts-taking with them: hee at the first with faire words, and gentle - persuasions sought to make them friends together, but afterwards taking them - apart, sharply rebuked them both, threatning withall to band himselfe against - him which soeuer of them should first by word or deed offend the other: by - which sharp reprehension putting them both in feare, made them friends - together. And so our king Lewes, he who for his deuotion - towards God, for his loue towards his neighbours, for - his charitie towards particular men, and vpright dealing towards al, is numbred amongst the Saints; unto his great - praise used the matter, as that all the time of his raigne there was neuer - difference or contentions betwixt any the princes, which he for his integritie - and wisedome himselfe in most friendly and peaceable manner quieted not. Yet of - all things this is in a prince most to bee taken heed of, That in ending the - differences and quarrels of the nobilitie or princes, he seeme not to be led or - moued with the loue or hatred of any of them, one more than another. Wherin Archidamus king of the Lacedemonians, wisely prouided for - himselfe, whoA wise part of Archidamus in making of two - great enemies friends. seeing two great men his most deere friends at - oddes betwixt themselves, brought them both into the temple, and there - demaunded of them whome they would make choyce of to be arbitrator of the - difference betwixt them? who both answering, That they would make choyce of none other but of Archidamus himselfe: Sweare then unto me (said he) that - you shall both abide mine award, and doe as I shall enioyne you: which they - both doing, he straitly enioyned them both, Neuer to depart out of that same - church, vntill they had reconciled themselves one of them unto another, and so - became sworne friends. Whereby he wisely without any offence or displeasure - unto himselfe (by giuing of iudgement betwixt them) made them friends, and so - with thanks enioyed the fruit of their friendship and good agreement, than - which nothing ought to be more deerer or more pretious unto a prince: for that - no fortresses are unto princes more assured, no castles stronger, than is the - loue and fidelitie of their subiects towards them. But here I speake of a good - prince, and not of a tyrant which taketh - pleasure to see the great men still ruinated one of them by another; neither - aimeth at any other marke, but how to flesh the great ones one of them vpon - another. HowbeitThe craft of tyrants in setting other mn 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 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 - enemie.

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Sometime also a tyrant seeing the nobilitie in the State to flourish with the - strength and alliance of friends, and the - favour of the people, and not to seeke one of them anothers ruine, neither to - have any equall aduersaries to oppose themselves against them; doth yet - secretly affoord favour unto some of the meaner or weaker sort, and so armeth - them against the richer and stronger, and by some notable and irremissable - villanie by them committed against the other, bindeth them unto him, in such - sort, as that they can neuer be reconciled againe unto the parties by them so - offended. So as Iohn Bentiuole the tyrant of Bononia is - reported to have done: who fearing the good agreement of them of the greater - sort, easily suffered the chiefest of the house and familie of the Marischots (then the richest and a man of greatest credit - in all that countrey) to bee of his enemies slaine, to the end that hee might - so bee dispatched of him, and supported of them of the contrarie faction: all - reconciliation being by that so great an outrage broken off, and all hope of mutuall friendship vtterly cut a - sunder: all which his tyrannicall slights and deceits, together with the favour - of the French king, yet helped him not, but that at length he was thrust out of - his estate, and so by violence pluckt headlongThe obligation - of wicked and desperat men grounded vppon some norable villanie, in all - Commonweales most daungerous, and how to be suppressed. euen out of - the chiefest strength of his tyranny. But as the bond and obligation of a - notable villanie is of all others the strongest, so is it also in every - 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, 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 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 - healed: as was afterwards that armie of the Carthaginensians, being by a long - and cruell war at length defeated. For why, they had directly banded themselves - against the seigneurie: in which case we have said the prince must of - necessitie become a partie, and show himselfe - a most sharpe enemie unto the rebellious.

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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 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 - themselves can like of. In which doing the soueraigne prince shall discharge - himselfe of the heauinesse of the iudgement to be giuen, and of the hatred and - displeasure of him or them that should be condemned. For if this manner of - proceeding is and alwayes hath beene commendable for the ending of - controversies euen betwixt kings themselves, by committing their differences - unto the arbitrement of princes; and that all nations vse this manner and fashion: with how much more reason ought a wise - prince (as of right hee may) cause his owne subiects to condescend thereunto, - and especially them which are neere unto him in alliance or blood, to the end - that their quarrels and contentions should neuer (if it were possible) so farre - passe the bounds of reason, as to come to bee tried by the sword or force of - armes.

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But in ending such controversies, the prince aboue all things must beware that - heeDangerous for a prince not to shew himselfe - indifferent in the quarrels and controversies of his great subiects. - show not himselfe more affected unto the one part than to the other: which hath - bene the cause of the ruine and ouerthrow of many princes and estates. So Philip the first king of Macedon was not slaine, but for - that he openly favoured Antipater against Pausanias a meane gentleman, in denying of him iustice; - which was the cause that - - Pausianas discharged his choler euen vpon the person of - the king himselfe. Neither for any other cause did Henrie the sixt, king of England, stirre vp that long and deadly - 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 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 - the favour that the emperour bare unto the viceroy of Naples, against the - marquesse. It were but lost time to set downe - in writing the cruell & bloodie warres which have bene raised in this - realme by Robert of Arthois, Lewes of Eureux king of Nauarre, Iohn Montford, - Iohn of Burgundie, and diuers others of our time, which it is not - needfull to rehearse, and all for the favours of the kings, who forgetting the - high degree of maiestie whereunto they were mounted, would basely take vpon - them the offices of aduocats, of judges, and arbitrators; so descending from - the highest unto the lowest places, so to follow the passions of their - subiects, making themselves companions unto some of them, and unto other some - of them enemies.

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- - But some will haply say, That by this meanes the king - shall know newes, and keepe the parties also - in awe: whereunto I also well agree, that a young king might so doe amongst his - ladies and gentlewomen, to take pleasure & knowledge of news enough, but - not amongst his princes and other his great lords. Now if any man shall further - obiect and say, Princes to be oftentimes, yea and that against their will - enforced so to doe, and to take a part, when as he which thinketh himselfe - wronged, vpon an obstinatWhen, and how a soueraigne prince - is to vse his force for the appealing of the controversies and quarrels - betwixt his great subiects mind will not by any reason, persuasion, - iudgement, or arbitrement, suffer himselfe to be ouerruled or persuaded. In - which case I say, that necessitie hath no law: and yet that the prince before - hee may come to that point of extremitie, as to vse his force, ought to proue - all the meanes that he possibly may, for the composing of the matter in - controversie, and making of those his great subiects friends: which if it may - not be, then by force and strong hand to - ouerrule that which he could not otherwise doe: For that it cannot be, that he - which shall be so froward or presumptuous as not to hearken unto reason, nor - his friends persuasion, can have many to take his part, or to stand fast by him - in that his so great and obstinat wilfulnesse.

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Yet might some man say, That the occasion of the quarrell may be so secret, as - that no proofe can thereof be made, neither any iudgement giuen, and yet that - hee which hath so receiued the iniurie, demaundeth thereof an amends: in which - case the princes find themselves oftentimes much troubled, as when an iniurie - or offence is unto any man secretly offered or done, which he which did it - denieth, and that the trueth cannot therein be - tried but onely by bare surmises & coniectures; in this case what is - amongst the common and vulgar sort to bee done? it is an easie thing to say, as - that no man ought without most manifest witnesses to be condemned: but - souldiours, and such asThe beginning of combats. - stand vpon their nobilitie, deeme their honour to be stained, and their - reputation greatly impaired, except he have satisfaction, who vpon his oath - affirmeth himselfe to have so bene by any man secretly wronged. For why, such - men say, the subiects lives and goods to be all in the princes hand and power - to be disposed of▪ but not their honour and reputation. In which case the - people of the North have for the tryall of the matter appointed combats; as is - to be seene in the auntient lawes of the Lombards, of the Saliens, the - Ripuaries, the English, the Burgundions, the Danes, the Almaines, and the - Normans; who in their customes call the - Combat, The law of appearance: which many for all that - have as a most beastly thing reiected, as neuer receiued or practised by the - Assyrians, the Aegyptians, the Persians, the Greekes, or Latines, except in - lawfull warre, one man against his enemie, and that by the good leaue of the - Generall of the armie; or else sometime one Generall encountering hand to hand - with another, for the sparing of their subiects blood: so Cossus and Marcellus in battell hand to hand - ouercame their enemies kings? Or els one king against another king, as did Romulus with the king of the Latines, and Hundig king of the Saxons, with Roe king of Denmarke. So also Charles king of - Naples chalenged Peter king of Arragon unto the combat, - for the triall of their right unto that kingdome, which they yet performed - not. Neither is this any meane matter, when - as Corbis and Orsua contending - for the principalitie before Scipio Affricanus the - Romane Generall, said, That they would have none other judge, either of God or - man, to decide their quarrell, but Mars onely. And - yetCombats when to be admitted. for all that it is - better to appoint combats amongst subiects, according to the auntient and - lawfull manner of our auncestors, when the persons are of like qualitie which - so stand vpon their honour, and that there is some apparant coniecture of the - wrong receiued (for why, the auntient lawes neuer admitted combat in a plaine - and euident matter, or wherein good proofe was to be had) for that to deny - combat vnro noble personages standing vpon their honour, and at so great oddes - as that they can by no other means be appeased, were - but to nourish the fire of civill war euen in the entrails of the Commonweale, which after it is once kindled, enflameth - the whole body thereof. For that two inconueniences propounded, wise men have - well taught vs, the greater ought stil to be of vs declined. Ioine hereunto - also, that to change a custom which hath for many worlds of yeares bene found - necessarie, is not onely an hard matter, but withallCombats - by diuers great princes forbidden, & for the auoiding of greater - inconueniences by them again allowed. - daungerous also. Rotaris king of the Lombards, had taken - the law of Combats from amongst his subiects, but yet at their instant requests - was enforced to restore the same againe into the former force; protesting - withall, That it was but inhumane and naught, (as is in the lawes of the - Lombards to be seene) but yet for all that necessarie to auoid greater - inconueniences: For that the law of Combat being so taken away, moe good and - 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, 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 - all quarrels throughout our dominions. And for that this edict was - euill kept, Philip the Faire, king Lewes his nephew, caused the like also to bee published, whereby he - vtterly forbad combats: who yet within two yeres after was at the instant - request of his subiects constrayned to restore them againe, by reason of the - secret murders and stabbings, yea euen of the most valiant men, who then were - in every place so slaine. Philip of France, surnamed the Hardie, duke of Burgundie, did not - altogether forbid combats in Holland, but yet commanded them not to bee at all - suffered, without the lawfull appointment of the magistrats: whereas before - they were there open and common without iust cause euen to all sorts of men. - But it was a thing most barbarous, that Fronto king of - Denmarke in auntient time appointed all causes and quarrels to bee decided by - combat, as the Saxon historiographer saith. Howbeit that the Russians and - Hungarians otherwise vse it not, but when there is no euident proofe of the - matter brought in question. But in our remembrance the prince of Melphe, the - king his lieutenant in Piemont, found no remedie or meanes better, for the - restrayning of the secret murders and mutinies which were ordinarie amongst his - souldiors, than combat to be for them - appointed, by the leaue and authoritie of the Generall; with condition, That - the vanquished should not be spared, but still bee slaine by the victor, and - his bodie throwne into the riuer: For which such combats hee appointed a - publike place betwixt two bridges, compassed round about with the riuer: so - that the hope of flight or of aid taken away, and that they must either - ouercome their enemie, or there shamefully die; the souldiors afterwards began - to behave themselves more modestly, and so live the more quietly together.Of the lie giuen, what is to be thought. - -

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But now, when as to have the lie giuen one, was neither by the Romans thought - to be a thing iniurious, neither that our auncestors had allowed the combat for - the lie giuen to another man; it began in our age to be a thing not only - 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, 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 - men, which will put vp the lie, is accounted of, as of a man of any worth or - valour, but as of a base or vile fellow. Whereof have risen great quarrels, - brawles, and murders, amongst all sorts of subiects. Which to meet withall, Henry the second, who not without much griefe with a great number of his nobilitie, had seene a matter ended - by combat, by a perpetuall law forbad - controversies or quarrels to be afterwards so tried. And to the intent that no - man, who had rashly receiued the lie, should incurre the note of infamie: Charles the ninth reuiuing the edict made by his father, - for the forbidding of combats, ioyned thereunto moreouer, That he would take - unto himselfe the honour and reputation of such as found themselves grieued, - for that they might not have the combat for the lie offered them: and yet there - was neuer in Fraunce so many murders seene, as when combats were so forbidden. - For who should not bee well laughed at, which for the lie giuen him should - appeale unto the judges? And yet in the opinion of the nobilitie and martiall - men, he shall seeme to incurre the most heauie note of infamie, which shall not - by force of armes repell such a reproach or disgrace offered him. Neither can the frowardnesse (should I say) or vanitie - of so foolish an opinion easily be out of mens minds remoued.

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But whereas we before said, that the combat is for the auoiding of greater - inconueniencesHow, and for what cause combats are to be - granted. to be borne withall, my meaning is not, that it should be by - law allowed, but onely in case of necessitie graunted, and that by the princes - expresse letters, after the hearing of the parties, and for the auoyding of - murders and seditions, which might otherwise ensue. Whereby that inconuenience - shall be auoyded, which otherwise without combat could not be prouided for, - that kinsmen, neighbours, and friends, should for one mans wrong in a sort be - enforced to take vp armes, and so to entertaine another mans quarrell: as oftentimes it chaunceth the force and furie of - wicked men, to fall vpon the heads of good and worthy subiects. But that is in - the hearing of the matter especially to be respected, that combat be not - graunted for the triall of any but of capitall causes, and those also whereof - no manifest proofe is to be had or found out: following therein also the - auntient lawes, which will, That the vanquished should bee declared infamous, - 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 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 - was said, That combats might not take place, when question was of civill right - and law, which is yet the custome of them of Berne. And by the lawes of Naples - also, it was ordained, That combats should not take place but in cases of - treason, and of casuall murder: whereas before it was lawfull in any offence - whatsoeuer to chalenge the combat of the aduersarie, theft onely except: which - yet I see by the custome of them of latter time, not to have beene without good - cause lawfull. Howbeit that by the lawes of Spaine no iust cause of combat is - allowed. And thus much concerning priuat and particular quarrels▪ with the - meanes to appease the same.

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But if quarrels and contentions arise betwixt whole families, or betwixt whole - corporationsCombats nor to be admitted for the quarrels - and contentions betwixt families. and colledges of the same citie or - Commonweale, and vpon such like causes as doe betwixt priuat men: combats in - that case are not to have place▪ but the parties so at oddes are by way of - iustice to be kept in good peace; or otherwise by force & sharpe punishment - to be inflicted vpon the offendors to be kept in awe; yet for all that in such - sort, as that iustice should still have place euen in armes in the execution - doing: as it was in Rome, at such time as by a decree of the Senat it was - appointed and set downe, That foure hundred innocent Slaves should be all put - to death; with which vnusuall manner of execution the - common people all inraged was about to have taken - - Seditions arising for the execution of iustice, how they are - 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 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 - great tumults and vproares, at such time as the people saued from execution - certaine persons for their religion condemned to die: whereof the reuolt of the - Low countries against the king begun. Neither is this any new matter, but - knowne to have happened in the glory of the Roman Commonweale: when as at such - time as the Consull had commanded one Volero a factious - fellow to have the bastenado giuen him, (as - the manner of punishing of such offendors was) the people by force tooke him - out of the hands of iustice, euen as hee was to have bene stripped, and made - him Tribune to defend the popular libertie against the Senat and the Nobilitie, - with whome the people were still at warre, if they had no enemies abroad. For - which cause the Senat and Magistrats chiefe care, was to find out forren - enemies to oppose against the people: or if they wanted such, by all meanes to - forge new enemies and warres, as knowing them otherwise neuer to cease from - seditions & civill broyles. For so soone as that the Carthaginensians had - made peace with the Romans, after the first Punique warres, they forthwith - entred into a great daungerous civill warre at home among themselves: which - still happened unto them at Rome, if they were - neuer so little a while without warres. We see also, that they neuer shut vp - the temple of Ianus, which was the signe of an - vniuersall peace, but twice in seuen hundred yeares space. And if we marke the - histories well, wee shall find nothing to haveNothing more - hurtfull unto a warlike people than peace. bene more daungerons and - hurtfull unto a valiant and warlike people, than peace: For that men accustomed - to warres, and still trayned vp in armes, seeke for nothing els but dissentions - and broyles, neither hate any thing more than to be at rest and quiet. And that - is it for which the histories report Ca. Marius to have - bene the best generall of his time in the warres abroad, but the worst and most - troublesome man alive at home and in time of peace: for that he well knew not - what peace & quietnesse meant. Yet whether it be better in a Commonweale to - traine the people vp in peace or warre wee will hereafter declare.

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Now we have in some sort touched certaine meanes for the preuenting of - seditions and part-takings: but as it is much more easie to stay the enemie - from entring, than to driue him out after he is once entred; so is it more - easie also to preuent seditions and tumults, than to appease the same: and yet - that more hardly also in a Popular estate orSeditions in a - Popular Commonweale of all others most dangerous, and how to be - appeased. Commonweale, than in any other. For why, the prince in a - Monarchy, and the lords in an Aristocratie still are, and ought to be, as - 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 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 - most wise and vertuous men in the estate to take the matter in hand: who by - their great wisedome and kind speeches may againe appease the turbulent motions - of headstrong and giddie common people. For as they which are sicke of a - phrensie, which causeth them to skip and daunce without ceasing, cannot be - cured, except the cunning musitian tune his instrument unto their mad manner - and fashion, to draw them unto his owne, and so to - fall by little and little▪ vntill that they be - so againe made more quiet and tractable: euen so ought also the wise magistrate - seeing the people in a rage, at the first to accommodate and frame himselfe - unto their disordered appetite, that so he may afterwards by little and little - induce them to hearken unto reason: and so by yeelding at first unto the - tempest, at length put into the desired haven. For to seeke by force to stay - the rage of an angry and incensed multitude, is no other thing than as if a man - should by maine strength seeke to stay the force and course of an headie - streame, most violently falling from the high and steepe rockes.

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And as for them which goe about by force of armes and strong hand to stay - theThat the people vp in tumult or sedition, is not by - strong hand or open force to be staid or - appeased angrie peoples rage and furie, if they bee not verie strong - and well assured of the victorie, they put the - estate into great perill and danger: for if the subiect become victor, no doubt - but that hee will at his pleasure prescribe lawes unto the vanquished. And - admit that the prince himselfe be not vanquished, yet so it is, that if he - attaine not unto the full of his designes, he shall in so doing make himselfe - contemptible, giue occasion unto his other subiects to rebell, for strangers to - inuade him, and for all men to contemne him. Which is yet more to bee feared in - popular estates, and was most manifestly knowne in the seditions which happened - in Rome, wherein they which would needs proceed by force, and openly resist the - desires of the people (vp in furie) matred all: whereas to the contrarie, they - which sought by faire meanes to win them, still - brought them to reason, and so vpheld the state of the citie, otherwise readie - to have fallen. Appius Claudius seeing the people of - Rome to demaund to have had the obligations and bands for money lent, canceled, - (wherein the richer sort and vsurers had a notable interest) was of opinion, - not to have any thing of the due debt remitted. And at another time the people - being reuolted from the nobilitie, hee the same man would have had them most - rigorously entreated, without any regard to have been had of them at all; for - that the people otherwise would swell with pride, and become insupportable: - howbeit, Seruilius at the first time, and Menenius Agrippa at the second, withstood him, and so - carried away the matter from him. Which Agrippa shewed - in deed, and by a most excellent fable of mans bodie and the parts thereof - (which hee so lively set before every mans - eyes) that he caused the armes to fall out of the hands of both parties, and so - sweetly againe reconciled the people unto the nobilitie: wherby he together - with the welfare of the Commonweale, and all mens loue, gained also unto - himselfe immortall fame and glorie. And if so be that wild beasts will neuer by - strokes be tamed, but by the kind handling of him that ameth them: euen so the people once moued or enraged, as a beast with many - heads, and of all others the wildest and fiercest, is neuer by force, but by - good and kind vsage and entreatie to be gained. Wherefore in such time of - common vprore and tumult, something is to be graunted unto the people: and if - the sedition be raised for famine or for dearth of victuals, some present - distribution is to be made, and reliefe giuen unto the poorer sort, who are not - with words to bee appeased. For that as Cato the Censor, speaking of the people of Rome, sayd, - The hungrie bellie hath no eares. Neither in that case must the magistratsThe hungry belly hath no eares. spare faire words or - promises, yea more than is euer to be performed. For that the matter so - standing, both Plato and Xenophon - 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 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 - 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 - unto.

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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 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 - be not too hard curbed, neither yet left with the reines at too much libertie. - For as it is a right slipperie high standing place to serue the appetite and - pleasure of the vnsteady people, so is it yet much more daungerous also, openly - to oppose a mans selfe against it: so as did - Appius, Coriolanus, Metellus, Cto the younger, Phocion, and Hermiodorus, who whilest they would have all things of the people by - strong hand, and rather breake than bow, they did either vtterly vndoo - themselves together with the Commonweale, or at leastwise brought it into most - great perill and danger. True it is, that for the prince or magistrats thus to - temper maiestie with clemency towards an vnruly and headstrong people, without - iudgement and reason, is a most hard and difficult matter: yet is there nothing - more necessarie, especially in Popular gouernments, than not too much to - flatter, neither yet to deale too roughly with the people. But as the Sunne - goeth, rising and setting with the other starres and planets, dayly carried - about with the most swift motion of the superiour celestiall spheres, and - yet for all that faileth not to performe - his owne naturall course by retiring backe by little and little; and that by - how much the higher he is mounted vp from the Horison, the lesser hee seemeth - for to be: Euen so ought the wise gouernour to doe, following in part the - affections and desires of the troubled people, so much the more easily - afterwardsForce neuer to be used against the people, - where faire meanes may preuaile. to attaine unto the full of his - designes. And albeit that a prince had the power by force to represse and - reforme a mutinous and rebellious people, yet ought he not so to doe, if - otherwise he may appease them. For what Physitian is there so inconsiderat, as - to vse sections, and cauterisings, or burnings, if the disease might otherwise - be cured? And so what prince is there so euill aduised, as by way of force and - fact to proceed against his people, if with a kind word speaking hee may - appease all? But especially in a Popular - estate, wherein it beseemeth the wise magistrat, by all faire means to appease - and quiet the passions of a troubled people, in laying plaine before their eyes - the euill successe which may ensue of their so euill and disordered - proceedings. We read therof many examples, but yet none more famous than that - of Pacuuius Caluinus of Capua, who being accounted a - great favourer of the comminaltie, and an vtter enemie unto the nobilitie of - that citie, yet understanding of a purpose that the people had vppon the sudden - to kill all the Senators of the citie, which so cruell a murder hee greatly - 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 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, 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 - men of Capua have oftentimes wished for, That it might once be in your power - to be revenged - - - - of the most wicked and abhominable Senat; you now have the - same put into your - - - - hands, not by vprore and tumult, by assaulting and breaking - open their houses one by one, which they keepe and defend with strong - companies and guards of their seruants and friends, but euen at your - pleasure, and without daunger. Receiue them all shut vp in the court, where - I will giue you power to pronounce sentence of every one of their lives. But - before all things it behoueth you so to satisfie your anger, as yet to deeme - your owne health and welfare better than the satisfying of your rage and - wrath. For a Senat you will not altogether bee without: for that you must - needs either have a king, which is a thing to be abhorred; or els a Senat, - the onely Councell of a free citie. Wherefore two things rest for you to - doe, the one that you take out of the way the old Senat: and the other, that - you chuse a new. And this said, hee sat downe; and so the Senatours - names beeing all put into a pot, hee - commaunded the first name that was drawne out to bee read, and him so named, to - bee brought out of the court. Is it your pleasure then (said hee) that this man - shall first die? Whereunto all the people cried alowd, That it was well said of - him, and well done. Well, I see then (said Pacuuius) what his doome is: let him - bee cast out; and now for him an euill and wicked man, make you choyce of a - good and vpright Senator to bee put into his place. Whereupon they all - at the first were silent▪ for lacke of a better to make choyce of: but as soone - as one more impudent than the rest had named one, presently a greater crie was - heard than before; some crying out, That they knew him not; othersome - exclaiming as fast against him as a naughtie base fellow, of some beggerly - trade or other, and so vnworthy of the place: - The like sturre there was▪ when choyce was to bee made of the second, and third - Senator, the base artificers and trades-men still nominating some one, and some - another: in such sort, as that they now began to fall out among themselves, - about the choyce, none of them beeing willing to yeeld or giue place to other, - which whilest they did in euerie Senator which was named, there was no lesse - trouble and sturre among themselves, than was before betwixt them and the - Senatours. Whereuppon they were better contented that the old Senatours should - now still hold their places, than to suffer one of them to bee preferred before - another. Wherein the councell of the Tribune was right wise, and cunningly by - him put in execution: who after hee had by his wise dissimulation somewhat - appeased the mad peoples rage, hee as it were - with his finger poynted out, and layed open euen unto euerie mans eye, the - great hurt and inconuenience that was to ensue, by putting the Senators to - death: as that not onely such a shamefull murder should for euer bee accounted - most cruell and inhumane; but that also by the dooing thereof the Commonweale - should bee without councell, as a bodie without a soule; and the fire of - sedition raised also amongst the people, about the preferment, and them that - were to bee preferred.

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But if the people once enraged be alreadie vp in armes, it is a most hard and - daungerousThe mutinous people best appeased by the good - persuasion of some good old vertuous personage. matter to appease - them: in so much as that not long agoe there was one that set fire on his owne - house (least the Commonweale should with the flames of sedition euen then have perished) so to turne the citisens then - together by the eares to leaue the fray, and to come to helpe to quench the - fire, for feare least all should have beene burnt. Then if any man there bee in - vertue and valour exceeding the rest, who will with good speech take vppon him - to persuade the people unto peace and concord, hee onely, or else none, is the - man that may appease the peoples frantike furie and rage. Which thing Virgil most excellently expressed in these few verses - following▪

- - - - - - Ac veluti magno in populo cum saepe coorta - - - - Seditio est, saeuit{que} anmis ignobile - vulgus; - - Iam{que} faces & saxa volant, furor arma ministrat: - - Tum pietate grauem ac meritis si fortè virum quem - - Conspexere, silent, arrectis{que} auribus astant: - - Ille regit dictis animos, & pectora mulcet. - - - - - - And as a sudden tumult rais'd amidst a people great, - - When as the base and rascall sort are in the greatest heat, - - And firebrands now and stones do flie, such weapons as there lye, - - Then if some good graue worthy sire they fortune to espie, - - - - They silent with attentiue eare stand listning to his lore: - - He with good words their minds doth rule, and calmes the whole vprore. - - - -

Such we said Pericles to have bene in Athens, Menenius Agrippa in Rome, and not long agoe Peter Loredan in Venice, who at such time as the - marriners and sea-faring men banded themselves against the rest of the - citisens, and in such sort massacred one another, as that neither duke, neither - the Senat, nor other magistrat could come nie, but that they were by force and - violence of the furious people reiected; this plaine gentleman Peter Loredan (I say) a priuat citisen, and bearing no - office at all, showingPeter Lored an a most notable - citisen. but himselfe in the middest of these combats, and holding - but vp his hand on hie, caused the weapons to - fall out of every mans hand, for the reuerence they all bare unto the vertue of - so graue a personage; and so as it were in a moment appeased all that civill - discord. Whereby it was to be seene, vertue to be of greater power and maiestie - than armes, than lawes, yea than all the magistrats together.

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There is also in the reuerend feare of religion a great power for the staying - of theThe reuerend feare of religion a good meane for the - appeasing of the seditious people. tumultuous people. For at such - time as the Florentines were fallen out into such a furie among themselves, as - that the citie swome with the blood and slaughter of the citisens: and that - they could by no meanes be parted, Francis Soderin the - bishop attired in his bishoplike attire, and attended vpon with a company of - priests, and a crosse carried before him, came into the middest of the furious - citisens, so bandying it one against another; - at the sight and presence of whome, they all for the reuerend feare of religion - vpon the sudden laid downe their weapons, and so without more adoo, got - themselves home every man unto his owne house. So also Iadus the Iewes high Priest, in his Pontificilibus met Alexander the - Great comming towards Hierusalem with his victorious armie, with whose port and - maiestie Alexander terrified, worshipped the High - Priest, and was so farre from ransacking either of the countrey or holy citie, - as that he gaue it great priuileges, with whatsoeuer the High priest els - requested. With like wisedome pope Vrban is reported to - have turned Attila king of the Hungarians from the siege - of Aquilia.

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But sometime such is the deadly hatred of citisens amongst themselves, as that - they - - Seditions sometimes appeased by the interposition and - mediation of friends. need of the helpe of their friends and allies, - yea and sometimes euen of meere strangers to set them agreed. In which case an - other good old man of Florence seeing the citisens without pity to kill and - massacre one another, and on all sides to burne one anothers houses, went to - request the Luquois their neighbours and friends, to interpose themselves for - the appeasing of these so deadly broyles, as had well neere ruinated the whole - estate: Wherewith the Luquois mooued, came in great numbers, by whose good - trauell and mediation all those slaughters and broyles were well stayed and - quited: a thing both commendable and profitable, not to them onely which are so - set agreed, but euen to them also which were the - workers therein, as reaping therby great - honour, together with the loue of them whom they so made friends. Yea - oftentimes it happeneth, that the citisens deuided into factions, weary at - length of their murders and tumults, seeke but to find an occasion for them to - fall to agreement; yet being of opinion it to touch them in honour, that should - first seeke for peace, therefore continue their bloody quarrels vntill that - they have vtterly ruinated one another, if some third man interpose not himself - betwixt them for the making of them friends: which thing oftner happeneth in - popular or Aristocratike commonweales, than in a monarchie: wherein the - subiects are by the power and authority of one onely prince still to bee set at - one, & reconciled amongst themselves, together with the commonweale. - HowbeNothing more daungerous unto a prince, than in - seditions to make himselfe a partie. it, that sometime it happeneth - the soueraigne prince to make himselfe a party, in stead of holding the place of a soueraigne Iudge: in which - doing for all that he shall be no more but the head of one party, and so - vndoubtedly put himselfe in daunger of his life, and that especially when such - daungerous seditions and factions be not grounded vpon matters directly - touching his estate, but otherwise, as it hath happened almost in all Europe - within this fifty yeares, in the warres made for matters of religion: for we - have seene the kingdome of Sweden, of Scotland, of Denmarke, of England, the - Cantons of the Swissers, yea and the Germaine empire also, to have changed - their religion, the estate of every of these monarchies and commonweales yet - standing entire and whole: howbeit that the truth is, that it was not done, but - with great violence, and much bloudshed in many places. - -

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But religion by common consent once receiued and setled, is not againe to be - calledIt is daungerous to call that into question which - ought to be holden as resolved vpon. into question and dispute, that - so all the wayes and entrances unto sedition and faction may be stopped, and - the assurances of vnity and peace strengthened; for that all things called into - disputation, are so also but as things probable called in doubt: and what can - come neerer to impiety then by probable arguments to call in doubt the lawes of - God, which are by their nature immutable and eternall; and such as of the truth - whereof every man ought to be most certainly resolved and assured Besides that, - nothing is so firme and stable, nothing so manifest and cleare (except it rest - vpon mostReligion once receiued and setled, to be no more - called into question or doubt. playne and vndoubtfull demonstrations) - which may not by disputation and force of arguments be obscured or made - doubtfull; and especially where that which is called into question, or dispute, resteth not so much vpon - demonstration or reason, as vppon the assurance of fayth and beleefe onely: - which they which seeke by demonstrations and publishing of bookes to performe, - they are not onely mad with reason, but weaken also the foundations and grounds - of all sorts of religions.

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There is a most antient law of Licurgus extant, which - the Florentines (of all others the sharpest disputors) established in their - 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 - 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 - commonweale. But if Philosophers and Mathematicians cannot abide to have the - principles of their sciences reasoned of, what great folly, or rather madnesse - 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 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 - did, as that they drew a great number of men to bee indeed of their opinions. Although Aristotle - said them which made question, whether snow were white or not, to want sence: - but them which doubted whether there were a God or not▪ not to be with - arguments refuted, but by the lawes punished: howbeit that he himselfe by - necessarie demonstration proued there to be one euerlasting God, and that there - could be no moe gods but he. Wherfore, all the kings and princes both of - 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, 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 - bishop and parish priests, wherein was contained what hee would have every man - persuaded of, and to beleeue, concerning matters of faith and religion, which - he commaunded them vpon all feastiuall dayes to reade and publish unto the - people: with a capitall paine thereunto annexed, if by any mans exposition any - thing were at all thereunto either added or diminished. And Moyses, when hee had most curiously written all those things which he - 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 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 - sonne: they teaching the law of God in seuen Colledges, which then were in - mount Syon, neuer yet suffered men to enter into disputation thereof, as we - read in Optatus Mileuitnus. - For why, disputation was* Lib. - 3. inuented▪ but for things probable and doubtfull; and not for - things religious and necessarie, and such as every man is bound to beleeue: - which by disputation are alwaies made doubtfull. Wherefore seeing that - disputations of religion bring not only the doubt and ouerthrow of religions, - but euen the ruine and destruction of Commonweales - - Disputations of religion dangerous. also; it - behooueth them to be by most strait lawes forbidden: which after long civill - war was by the estates and princes of the Germane empire prouided for, and a - decree made, that the princes should with mutuall consent defend both the - Romane and Saxon religion: whereunto that was also ioyned, That no man should - vpon paine of death dispute of the religions. Which seuere punishments, after - that the Germane magistrates had inflicted vpon diuers, all Germany was - afterwards at good quiet & rest: no man daring more to dispute of matters - of religion. Moreouer, seeing that not onely all wise law-giuers and - Philosophers, but euen the very Atheists themselves also (as namely - - Lib. 6. De militari ac domestica - Romanorum disiplina. - - - - Polybius himselfe an Atheist) are of accord, That there - is nothing which doth more vphold and maintaine the estates and Commonweals - than religion: and that it is the principall - foundation of the power and strength of monarchies and Seignories: as also for - the execution of justice, for the obedience of the subiects, the reuerence of - theThe power of religion. magistrats, for the - feare of doing euill, and for the mutuall loue and amitie of every one towards - other, it is by most strait and seuere lawes to be prouided; that so sacred a - thing as is religion be not by childish and sophisticall disputations, (and - especially by such as are publickely had) made contemptible, or by probable - arguments made doubtful, and so at length quite taken out of the minds, both of - the hearers & of the disputors together. Neither are they to be heard which - thinke themselves to be able with more subtill reasons - to persuade all things: for that as Papinian most wisely - said, Summa ratio est - - - - quae pro religione facit, It is of all the greatest - reason, which tendeth to the maintainance of Religion.

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I will not here in so great varietie of people so much differing among - themselves inReligion not to be enforced. religion, - take vpon me to determine which of them is the best (howbeit that there can be - but one such, one truth, and one diuine law, by the mouth of God published) but - ifHow a prince wel assured of the truth of his religion - is to draw his subiects therunto, being therfoe - 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 - be done; the nature of man being commonly such as may of it selfe bee led to - like of anything, but neuer enforced so to - doe) but rather it he houeth the prince so persuaded of the truth of his - religion, without fainting or dissembling to professe and follow the same, - still deuoutly seruing the almightie God: by which meanes he shall both turne - the will and minds of his subiects unto the admiration and imitation of - himselfe, and at length also plucke vp euen the verie rootes of all sects and - opinions: In which doing he shall not onely auoid commotions, troubles, and - civill warres, but lead also his straying subiects unto the port of health. - Whereof as there are many examples, so is there none more fit for this our - 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 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 - opinion: and but three of name which held the contrarie) but that they also - punished other their aduersaries of opinion contrarie unto themselves, with - confiscations, proscriptions, and other most grieuous punishments. Yet would - not this good emperour now come unto the empire, either force or punish the - Arrians, although that hee deadly hated them, but graunted unto them both the - Arrians (I say) and the Catholikes, their churches, and suffered them in euerie - towne to have two bishops, of either religion - one: and albeit that hee at the importunat suit and instance of the Catholike - bishops, commaunded certaine edicts to bee published against the Arrians, yet - was hee well contented to have the same holden in suspence, and not put into - execution; as his letters unto Ambrose in these words - declare, Trade Arrianis Basilicam, mei namque sunt omnia - iuris, Giue (saith hee) unto the Arrians a church: for that all are in - my power. Which thing Rotaris also king of the Lombards - 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, 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 - of others; but to the contrarie permitteth every man to live according to his - conscience: yea and that more is, neere unto his pallace at Pera, suffereth - foure diuers religions, viz. That of the Iewes, that of - the Christians, that of the Grecians, and that of the Mahometanes: and besides - that, sendeth almes unto the Calogers or religious Monkes, dwelling vppon the - mountaine Athos (being Christians) to pray for him: as did Augustus to the Iews, to whom he ordinarily - sent his almes and perpetuall sacrifices to Hierusalem, which hee commaunded to - bee there dayly made for the health of - himselfe, and of the Commonweale. For why the people of auntient time were - persuaded, as were the Turks, All sorts of religions which proceed from a pure - mind, to be acceptable unto the gods. And albeit that the Romans easily - admitted not straunge religions into their Commonwealeas (as in the warres - against them of Veios the Aediles had in charge, Ne qui nisi - Romani dij, neu quo alio more quam patrio Colerentur, That no gods - should be worshipped but the Roman gods, neither after any other manner than - after the manner of the countrey) yet for all that did they easily suffer every - man priuatly within the citie to vse his owne manner and fashion, and his owne - religion: yea the Romans themselves receiued into the citie the sacrifices of - Isis and of Esculapius, and - suffered the Pantheon to be dedicated to all the gods. Only the Iewes of all people detested straunge ceremonies: whereby - they prouoked the hatred of all people against them. For at such time as Antiochus the Noble besieged Hierusalem, the Iewes tooke - truce with him for eight dayes, wherein they might keepe holy the Feast of - their deliverance out of Aegypt, dedicated unto the honour of the immortall - God: Whereunto Antiochus (as Plutarch writeth) willingly condescended; and yet not so contented, - with great reioicing brought also bulles and rammes for the furnishing of the - sacrifice euen unto the gates of the citie. Howbeit that afterwards the time of - the truce expired, he tooke the citie and sacked it. But as he was about - therein to have sacrificed after the manner of the Greekes, the Priests & - Leuites cursing and banning, forsooke the Temple. For which cause Antiochus enforced them, - as contemners of the gods, to receiue the Greeke ceremonies and sacrifices, yea - 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 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 - Iewes to have delivered their seruants from the bondage of the Romans. So that - the Iewes detesting the gods of other nations, - caused all other people and nations most grieuously to hate and contemne them: - For at such time as Quadratus being President of Iudea, - a common souldiour had in contempt showed his tayle unto the Iewes, as they - were sacrifising in the temple, such an vproe and - tumult ensued thereof, as that twentie thousand of the Iewes were there slaine. - At which time the Iewes by a decree of the Senat, were driuen also out of Rome: - where Tiberius caused such as would not remoue thence, - either to chaunge their religion, or to become Slaves; but this was done in - Rome onely. For the same Tiberius forbad Pilat, who had determined to have placed certain shields - and escutchions in the temple of the Iewes, to place the same, or to alter any - thing of their religion. But Alexander Seuerus the - emperor in his priuat sacrifices worshipped - - Abraham, Orpheus, Hercules, and Christ. But when the Christians as well as the Iewes, had begun to - detest those thirtie thousand gods which Pindarus now in - his time worshipped, and so began to breed a contempt of the gods in the minds - of men, the princes and magistrats began likewise with most grieuous - punishments to persecute them, except they would forsweare Christ and the - Christian religion, the Iewes (bearing themselves vpon the antiquitie of their - religion) being become their accusers and enformers against them, least they - should seeme partakers of the same impietie with them. And thus as the - multitude of religion and sects was innumerable, some detesting the rites and ceremonies of others: so thereof proceeded also - the diuers and manifold chaunges of - Commonweales. And albeit that tyrants had before exercised incredible cruelties - vpon their subiects, yet neuer thought they it lawfull for them to rule ouer - 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 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 compelled against his will to beleeue. at - Rome, vseth these words, Religionem imperare non possumus, - quia nemo cogitur vt credat inuitus, Religion (saith he) we cannot - commaund, for that no man is compelled 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 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 - the subiects loue amongst themselves, which is especially nouished & - maintained by their consent and agreement in matters of religion: yet if the - same religion be liked of by the opinion of neighbour nations, and of many of - the subiects, then ought it not onely with punishments not to be restrained, - but also so much as may be prouided, that if it may not without sedition bee - publikely profesed, yet that no man be forbidden the priuat exercise of such his religion. - For otherwise it shall comeTo forbid men the priuat exercise - of their religion, is to make them oftentime to - 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 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 Baruc. the one persuaded his - countrimen ld away into captiuitie into Chaldea, That - at such time as they should bee enforced to fall downe before the idols, yet - that they should with a pure mind alwayes worship the euer liuing God: & - the - - . other admitted the request or excuse of Naaman the king of Syria - his seruant, but newly instructed in the true religion and seruice of God, if - he were present with the king his maister sacrificing unto a straunge god, so - that hee kept his mind pure and cleane from idolatrie. For they are much - deceiued, which think Commonweales to be better kept in order by mens commands - and lawes, than by the feare of God his iudgements. For as the greatest tyranny - is nothing so miserable as anAtheisme worse than the - greatest Superstition. Anatchie, when as there is neither prince nor - magistrat, none that obeieth, neither yet any that commaundeth, but that all - men live as they list at libertie in all loosenesse of life, without feare of - punishment. So the greatest superstition that is, is not by much any thing so - detestable as Atheisme. And truely they (in mine opinion) offend much, which - thinke that the same punishment is to bee appointed for them that make many - gods, and them that would have none at all: - or that the infinitie of gods admitted, the almightie and euerliuing God is - thereby taken away. For that superstition how great soeuer it be, doth yet hold - men in feare and awe, both of the laws and of the magistrats, as also in - mutuall duties and offices one of them towards another: whereas meere Atheisme - doth vtterly root out of mens minds all the feare of doing euill. Wherfore two - inconueniences propounded▪ Superstition (I say) and Atheisme, we must still - decline the greater: yet when we may not publikely vse the true religion, which - still consisteth in the worshipping of one almightie and euerlasting God: least - by contemning of the religion which is publikely - receiued, we should seeme to allure or stirre the subiects unto impietie or sedition, it is better to come unto the - publike seruice, so that the mind still rest in the honour and reuerence of one - almightie and euer liuing God.

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But now, whereas some men maruell how it came to passe, that in the time of Theodosius, - - Why many sects better agree in a Commonweale than two - onely. considering the diuersitie of sects and of religions that then - were, they could so stand without civill warres, being then at the least an - hundred diuers sorts of them according to the account of Tertullian 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 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 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 - two contrarie extreames, which may set them agreed, which otherwise of - themselves would neuer fall to agreement. And therfore Solon by law prouided, That in civill seditions and troubles, every - man should ofWhether Solons law for part-taking▪ as that - every man should be of necessitie bound to take either the one o the other part in time of sedition, be good and - profitable unto Commonweals or not necessitie take either the one or - other part, and that it should not bee lawfull for any man to stand as neuer: which unto many seemed a thing vnreasonable, - considering that the greatest prayse and commendation of a good subiect is; to - bee a quiet civill man, desirous and doing the best that he can to live in - peace. Besides that, by this means the - conscience of an honest man is forced, to take either the one or other part, - when as haply he thinketh both naught, and that they are both in the wrong. And - that more is, it may so happen, that if in such seditions he will follow that - part which hee iudgeth the better, he must beare armes euen against his father, - against his brethren, and friends, which are in armes in the other side: which - were the way so to compell men to commit vnnaturall murders, and to kil euen - them whom we ought to defend, & to depriue them of life, by whom we our - selues live. In briefe the law of God forbiddeth him that knoweth the truth, to - follow the common opinion of them which are out of the way: whereunto Solons law seemeth to repugne, in forcing a man to take - either the one part or the other, although that they be both naught. Howbeit - that a man might say unto the contrarie, this - Solons law to be most profitable and necessarie also - unto Popular and Aristocratike estates, wherein is no soueraigne, which - standing as neuer, may determine and decide the - differences of them which shall so bee at discord and variance. For men well - know, that the most craftie men in time of civill warres, withdraw themselves - so much as possibly they can out of the preasse, if they be not well assured of - the victorie of the part that they themselves take (if it bee not so, that they - see the daunger such, as that the publike fire is like to take hold and burne - euen their own priuat houses) yea oftentimes the more subtill and deceitfull - sort set the rest at dissention and debate, that so they may themselves the - better fish in troubled water, and make a bridge for themselves to passe ouer, - to ceize vpon other mens goods and honors: imitating therin the priests of Mars, whome the - auntients called , or - 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 - discord among the citisens, seeing that they must themselves then run into the - same danger with others. And as for other honest men which loue peace, and like - neither of the one nor other faction, if they must needs be constrained to take - a part, they will then enforce themselves by all means to preuent seditions, and in what they may to withstand them: or if they - cannot be foreseene, yet to do what they may - to appease them. For why, the great vertue and authoritie of good subiects is - of great force to keepe the rash and mad vulgar people in some order: and to - persuade them being disquieted againe unto reason, who would euer be at ods and - variance, if they were not by the good councell of the wiser sort better - persuaded. By which reasons Solons law seemeth to be - unto cities and Commonweales profitable. Besides that, if in the leagues and - societies of princes among themselves, it be good and profitable for them all, - some one of them to be of greater power than the rest, or at leastwise to ioyne - himselfe with them that bee of greatest power: how much more true and - profitable is it in civill warres still to take the one or the other part: - where hee which standeth as neuter, as he is of no man protected, so lieth he - open to the common - - The daungerous estate of them that stand as neuters in time - of sedition. spoyle of all men. For so Theramenes, who all the time of the Peloponesian war, and the troubles - of the Athenians, had kept himselfe quiet, and stood still looking on, but as - an idle beholder, without taking part either with the one or with the other, - was himselfe at the last forsaken of all, and so left unto the mercie of the - tyrants, who made him a miserable spectacle unto all men, and in the end most - cruelly put him to death. Hee therefore which will stand as neuter, whether it - be in civill warre, or in warres amongst straungers, ought at the least to doe - his endeuour to set the rest agreed: or if hee shall see the quarrels, warres, - and ruines of others, to tend to the profit of the better sort, or the - assurance of his estate, his wealth or person (as it sometimes happeneth that - tyrants and wicked subiects or citisens agree - not but for to uinat the good) yet ought he which so - standeth as neuter, to show himselfe in appearance desirous and forward to set - them agreed: which many men have done euen then when they most nourished and - maintained such quarrels in the most secret manner they could: A thing which God (as Salomon - - - - Proverb. 4. saith) abhorreth: if it be not in case (as I have said) that the concord and - agreement of the euill, tend to the ineuitable ruine and decay of the good. For - as for one good vertue, there are many vices one of them quite contrarie unto - another; and that for one good man, there be ten which are nothing worth: so - God hath also appointed, That the euill and wicked men should euen one of them - by another be brought to ruine and destruction: I will - revenge me (saith God, speaking by the mouth of the prophet - - Ieremie) of mine enemies, by mine - enemies. I have said, that good princes and good subiects ought to - dissemble the good and pleasure they take in the discord and contention of - other the wicked princes or citisens; for that there is nothing which grieueth - a man more, than to see others in all securitie, to take pleasure and reioyce - in his ruine and decay.

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Thus have we seene certaine meanes for the appeasing of tumults and - seditionsThe vse of belles, why in many countries - forbidden. amongst many. For which there might yet some more - particulars bee also rehearsed; as to take away the vse of belles from - 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, 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, - first deuised in Italie, should not into any of their dominions or territories - be receiued: whereby they have well auoided one of the greatest occasions of - civill tumults and broyles. The noyse and backward ringing of the belles (as - when houses be on fire) being not onely proper unto straunge accidents, and to - put the mutinous people into armes, but also to trouble euen the quiet spirits - of peaceable men, and to thrust fooles headlong into - fury: as did he, who the more to sturre vp the people rung the Tocsaine, together with the great bell at - Bourdeaux, and was therefore himselfe hanged in the belrope, as he had well - deserued.

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Another and the most vsuall way to preuent sedition, is to take away the - subiectsThe best and surest way to preuent - sedition. armes: howbeit that the princes of Italy, & of the East - cannot endure that they should at all have armes; as doe the people of the - North and of the West: no more then they did in auncient time in Greece and in - Asia. For so Aristotle speaking of the Barbarians, - accounteth it for a strange thing, that a man should in a quiet and peaceable - citieThe common wearing of weapons in a peaceable - Commonweale, the occasion of many euils. weare a sword or a dagger in - time of peace: which by our lawes, as also by the manners and customes of the - Germaines and Englishmen is not onely lawfull; but by the lawes and decrees of - the Swissers euen necessarily commaunded: the cause of an infinit number of murders, hee which weareth a sword, a - dagger, or a pistoll, being more fierce and insolent to offer unto others - iniury, as also to commit murder if any iniurie be offered him: whereas if he - were disarmed, he should doe neither the one nor the other; neither should yet - incurre the infamy and disgrace which followeth them, who when they are - wronged, dare not to draw their weapons. The Turkes herein go yet farther, not - onely in punishing with all seuerity the seditious and - people, but also by forbidding them to beare armes, yea euen in time of warre, - except it bee when they are to giue battell: wheras otherwise if the enemie be - not nie, they lay their armes vp in their tents, or in their carriages: and yet - they are accounted the best soldiours of the world: which if they doe in the - field, and in time of warre, what is it to be - thought them to doe in their townes, and in time of peace?

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Amongst many the lawdable manners and customes of the policy of Paris, there is - one a very good one, and well put in execution, which is, That no car-man or - porter shall weare sword, dagger, knife, or any other offensiue weapon, and - that for the murders by them committed in their ordinaie quarrels which they still had one of them against another▪ which if it - might take place vpon all persons: also a thousand murders and stabbings are - committed, which should neuer have happened, neither the seditions and broyles - raysed, which have vpon this occasion bene in many places kindled. For it is - not the part of a wise polititian, neither of a good gouernour, to expect - vntill the murder be committed, or that the sedition be raysed, before he - forbid the bearing of armes, but as a good - phisition preuenteth diseases: and if chaunce be that the partie be sodainly - attainted with any violent griefe, he first asswageth the present paine, and - that done applyeth convenient remedies unto the causes of the disease: euen so - the wise prince ought (so much as in him lyeth) to preuent sedition, as also - when they are happened to appease them at what charge soeuer: and then - afterward to looke into the cause of the diseases farthest off from the - effects, and so thereunto to apply remedies convenient.

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Now we have before spoken of the causes which worke the chaunge of estates - andImpunitie of offendors to draw after it ruine of - estates. commonweales, of which selfe same causes proceed also - seditions and civill warres, as of the denyall of iustice, of the oppression of - the common people, of the inequall distribution of punishments, and of rewards; of the excessiue riches of some few in - number, and extreame pouertie of the greater sort; of the too great idlenesse - of the subiects, or of the impunitie of offendors: and it may be that this last - point is therein of greatest consequence or importance, and yet the least of - all regarded. Which as I have before touched, so must I also oftentimes repeat - the same, for that the princes and magistrats which desire to be accounted - mercifull, do oftentimes turne vpon their owne heads the same punishment that - the offendors deserued. And that is it for which the wise Hebrew hath so - 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 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 - unto him by his prophet, That he was become suretie for another man, and that - it should surely cost him his life therefore. Which being but spoken in - particular unto this one king, extendeth yet in general unto all princes and - Commonweals, who have no more certaine cause of their ruine and decay, than the - want of the due execution of iustice. To punish the rebellious, is also one of - the meanes to preuent and meet with rebellions yet to come, which how it is to - be done we have before said, when as wee reasoned of punishments to be vpon corporations and colledges - inflicted; which is to take place when some one corporation, or the least part - of the subiects have erred or offended; but not if all the people in generall, - or the greatest part of them be in fault: For albeit that the physitian or - surgeon sometimes for the preseruation of the whole bodie, cuts off a mans leg - or arme, yet must he not therfore cut off the head, or any other of the - principall members, if they shall chance to be infected: but therin follow the - wise councell of the great Physitian Hippocratts, who - unto desperat diseases forbiddeth vs to apply any remedy at all. But beside the - causes of seditions & rebellions, which wee haveThe - immoderat libertie of speech giuen unto Orators a great cause of seditions - and rebellions. before spoke of, there is yet another, which - dependeth of the immoderat libertie of speech - giuen to orators, who direct & guide the peoples hearts & minds - according to their owne pleasure. For there is nothing that hath more force - ouer the minds of men, than hath eloquence: So that our ancestors have not - without cause putraied Hercules - Celtique not as a yong & strong man with a great club in his hand, - but as a reuerend bauld old man, drawing after him a great number of people - enchained, & hanging by the eares with chaines, which all issued out of his - mouth; to shew, that the armies and power of kings and monarchs are not so - strong as the vehemencie and force of an eloquent man, who encourageth & - enflameth the most cowardly & faint hearted to vanquish euen the most - valiant, who striketh armes out of the hands of the most couragious, who - turneth rage into mildnesse, & barbarisme into ciuility, who changeth whole - Commonweals, and sporteth with the people - at his pleasure. Which I say not for the prayse of eloquence, but to shew the - force & power therof, which is oftner emploied toThe - force and power of eloquence. euill, than to good. For seeing that - this is nothing els but a disguising of the truth, and an art to make that - seeme good, which is indeed naught, & that right which is wrong, and to - make a great matter of nothing, as of an Emot an Elephant (that is to say, an - art to lie cunnungly) wee need not doubt, but that for one which vseth this art - 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 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 - dissimulation. So that if we will but wel looke into al them which had the name - to have beene the most noble and famous Orators, we shall find them to have - beene still the stirrers vp of the people to sedition, to have oftentimes - changed the laws, the customs, the religions, and Commonweals, yea & some - 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 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 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, 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, - incited by Anthonie Soderin, vppon the contention which - happened among the inhabitants at Florence, about the estate, so much preuailed - with his persuasions unto the people, as that hee translated the soueraigntie - from the nobilitie unto the people, and chaunged the Aristocratie into a - Democratie or Popular estate. No otherwise than had before Ephialtes, by the setting on of Pericles by his - seditious orations, drawne unto the people the soueraigntie of that state, - taken from the Senat of the Areopagi; and so made the Athenian estate of all - others the most Popular. And to be briefe, we have seene all Germany in armes, - and an hundred thousand men slaine in lesse than in a yeare space, after that - the mutinous preachers had stirred vp the people against the nobilitie. How - often hath the speeches of preachers bene - heard, tending by all meanes to have incited the princes and people to kill, - massacre, & burne their subiects: as did in auntient time Nestorius, preaching before the emperor at Constantinople in this - sort, Giue me emperour, the earth void of heretikes, and I - will giue thee heauen: destroy with me the heretikes, and I with thee wil - ruinat the power of the Persians: for which he was called the Fire maker: For had the emperour giuen credence unto him, - he had so put to death the greatest part, and almost all his subiects, and Nestorius himselfe first of all. Wherefore a knife is not - more daungerous in the hand of aEloquence in an euill man as - dangerous, as a sword in a mad mans hand. mad man, than eloquence in - the mouth of a mutinous Orator. And yet neuerthelesse it is a meane for them - which will well vse it, to reduce the people from barbarisme to humanitie, to - reforme disordered maners, to correct the lawes, to chastice tyrants, to cast - out vices, to maintaine vertue. And as men - charme the Aspis, Vipers, and Serpents, by certaine words; euen so the Orators - (as Plato saith) by the sweetnesse of their eloquent - persuations, charme euen the most sauage and cruell people. Neither is there - any otherA wise, vertuous, and eloquent preacher, of all - others the fittest man to appease rebellions, and to keepe the people in - obedience to their prince. greater or better means for the appeasing - of seditions & tumults, and to keepe the subiects in the obedience of their - princes, than to have a wise and vertuous preacher, by whom they may bend and - bow the hearts of the most stubborne rebels, especially in a Popular estate, - wherein the ignorant people beareth the sway, and cannot possibly bee kept in - order but by the eloquent Orators: which for this cause have alwayes holden the - chiefe degree of honour & power in such Popular estates, causing the - honourable charges & commissions, gifts and rewards, to be still giuen to - whom they saw good: so that in briefe both - peace & war, arms and laws, wholy depended on the pleasure of the Orators. - And so to the contrarie, there is nothing more to be dreaded in a tyrant, than - the Orator which hath the bent of the peoples bow, and is in credit & - estimation with them, especially if he hate the tyrant, or his Tyrannicall - gouernment. But forasmuch as the rules by vs alreadie set downe, ought to bee - applied unto the nature of Commonweals, and that the Commonweals, laws & - customs, are likewise to bee fitted unto the nature & disposition of every - nation. Let vs now also speake of the nature of al people, as of a thing most - necessary for the good gouernment of Estates and Commonweales.

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- - - - THE FIFT BOOKE OF - - OR CONCERNING A COMMONWEALE. - -
- - - - CHAP. I. ¶ What order and course is to be taken, to - apply the forme of a Commonweale to the diuersitie of mens humors, and the - meanes how to discouer the nature and disposition of the people. - - - -

- - HItherto we have treated of that which concernes - the generall Estate of Commonweales; Let vs now shew what may be particular to - some, through the diuersitie of peoples humors, to the end that wee may - accommodat the publike weale to the nature of the place; and the ordinances of - man to the laws of nature, wherof many have had small regard: but striuing to - make nature obedient to their edicts, haveThe nature of the - people is much to be regarded in the framing of a Commonweale. - oftentimes troubled, yea ruined great estates. And yet those which have written - of a Commonweale, have not treated of this - question. For euen as we see a great varietie in all sorts of beasts, and in - every kind some notable alteration for the diuersitie of regions: in like sort - we may say, that there is in a manner as great difference in the nature and - disposition of men, as there is of countries: yea in the same climats the - 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 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 (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 - few; and the inhabitants of the Port Pjree, desired an Aristocraticall State, - that is, a mixt gouernment of the nobilitie and the people: whereof wee will - soone shew you a naturall cause. And if Theophrastus - find it strange that the people of Greece be so different in manners and - dispositions, who would not admire to see such contrarie humors in one and the - same citie? we cannot impute it to the mixture of - people which have come thither from all parts, seeing that Plutarch - - speaketh of Solons - 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 (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 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 - care to the nature and inclination of the people, if wee will chaunge an - estateTo frame an estate, we must apply it to the nature - of the subiects. as it happened in Florence, about an hundred years - since, when as the Commonweale by succession - of time was almost chaunged into Aristocratia, the - citisens beeing so encreased, as they were forced thrise to enlarge the - compasse of their walles. For the preuention whereof the Senat was assembled, - 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 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 - Florentines to a Popular estate. We will soone shew if his grounds were true. - We read also, that the Ephesians, Milesians, and the Siracusians were almost of - the Florentines humor: for they could not - endure any but a Popular estate, nor allow any one to exceed his companions, - banishing euen those that surmounted in vertue: and yet the Athenians, - Ephesians, and Milesians, were much more mild and tractable; so were they much - neerer the East: and contrariwise the Siracusians, Florentines, and - Carthagineans, wereThe humours of sundrie people. - much more fierce and rebellious, beeing more Westward. The people of the East - have much more ostentation and many words, in the iudgement of all auntient - writer, and euen of the ambassadour of the Rhodiots, excusing the fault of his - maisters, vpon their naturall inclination, making mention also of the naturall - vices of other people, Gentes aliae (inquit) iracundae, aliae - audaces, quaedam timidae, in vinum ac venerem proniores aliae sunt, - Atheniensium populum fama est celerem & supra vires audacem ad - conandum, - - - - Lacedemoniorum cunctatorem: non negauerim & totam Asiae - regionem inaniora - - - - Liuius lib. 4. - - parere ingenia, & nostrorum tumidiorem sermonem - esse, Some nations (said he) are cholerike, others bold; some fearfull, - others prone to wine and women; the people of Athens are said to be sudden, and - exceeding bold to attempt any thing; the Lacedemonians are slow and deliberat: - I will not denie, but that all the region of Asia bringsNotable differences betweene the Atheniens, Romans, and - Carthaginians. forth vaine wits, and ours great talkers. The people - of Athens (said Plutarch) were cholerike and pitifull, - taking pleasure in flatteries, and enduring easily a scoffe: but those of - Carthage were cruell and revengefull, humble to their superiours, and imperious - to their subiects, faint hearted in aduersitie, and insolent in prosperitie. - The people of Rome contrarie unto them were patient in their losses, constant - in their victories, moderat in their passions, - hating flatterers, and taking delight in graue and seuere men: so as the elder - Cato demaunding the Censorship of the people, said, - That they had need of a seuere Censor, threatning to punish vice with - seueritie: yet the people desired rather to chuse him that threatned them, - being but of a meane calling, than the greatestPlut. in - Calon Censorio. noble men▪ that - flattered them. The like they did to L. Torquatus, whome - the people did chuse Consull without his priuitie: understanding of his - election, he told the people, That his disposition was such, as he could not - tollerat their vices, neither could the people endure his commaundements; and - therefore if they were wise, they should make another - 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 - 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 - of his bosome, and the people run after it, and brought it to him againe. If he - had done this in Carthage (saith Plutarch) before the - people, they would have stoned him: the Romans would not have suffered it - vnpunished; for that a citisen of Rome was depriued of his Bourgeship, for that - hee had yawned too lowd before a Censor, as - Valerius Maximus doth testifie.

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Therefore a wise gouernour of any Commonweale must know their humours, before - he attempt any thing in the alteration of the state and lawes. For one of the - 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 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 - which cause wee must varie the estate of the Commonweale to the diuersitie of - places; like unto a good Architect, which doth fit his building according to the stuffe hee finds vpon the - place: So should a wise Polititian doe, who may not chuse what people he will. - As Isocrates said in the prayses of Busiris king of Aegypt, whome he esteemeth very much, for that hee - could chuse a countrey and a people the fittest in all the world to gouerne. - Let vs first speake of the nature of the people of the North and South, and - then of the East, and West, and the difference betwixt the mountainers & - those that live in vallies, or in moorish places, or that are subiect to - 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 understand - the infinit varietie which may be betwixt the people - - A diuision of people. of the North and South, we will - diuide all the nations that inhabit the earth, or this side the Equator, into - three parts: the first shal be of thirtie degrees on this side the Equator, - which we will attribute to the burning Regions, and people of the South: & - the thirtie degrees next, to those that inbabit the temperat regions, unto the - sixtieth degree towards the Pole, and from thence unto the Pole shall bee the - 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 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 - the North: and in the fifteene following, unto the 75 degree, although that men - bee much afflicted with cold, yet are there many nations and Commonweales. But - as for the other fifteene adioyning to the Pole, wee must make no account of - them; for that there are few men, which live in caues like unto brute beasts - (as marchants do report, and histories have certified.) I - - and Saxo Grammaticus. have giuen the reason of - these diuisions in a particular booke of the Method of Histories, and therefore need lesse now to enter any further into it. - These points being concluded, it shall be more - easie to iudge of the nature and disposition of the people. For it is not - sufficient to say, that the people of the North have force, with bignesse & - beautie of the bodie, and little wit: and contrariwise, that the Southerne - nations are weake, little, blacke, and have great wits: for that experience - doth teach vs, that those people which live in the extremities of the North, - 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 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 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, - and on this side, the people have commonly flaxen haires. And in old times, - when as nations were not so mingled as since they have bene, they did know a - Northerne man by his flaxen haire and his greene eyes; as Plutarch, Tacitus, Iuuenal, and in our times the Baron of Herbestein - have observed: andThe difference of the people in the - Northerne regions. as I have discoursed in my booke of the Method of - Histories, and shewed that Amiot in his translation of - Plutarch, vpon the towne of Marius, tearmes them red - and chesnut eyes: wheras he should have called them greene eyes: the which is - verie apparant. But those which are about the - 60 degree, have in a manner all eyes like unto Owles, and the colour of the - water lookes white in their eyes: they have a weake sight by day, and see - better in the darke, like unto night Owles, which they call Nictalopes. Of this I was assured of the ambassadour Pruinski, a Lituanian, and of Holster - Commissarie of the warres, borne at Ostolcome in Sweden, who is haired like a - Kow, and eyed like an Owle: which colour, force, and bignesse, comes (as Aristotle saith) of the interiour heat: as the - inhabitants of Affrike have blacke eyes, for the little heat they have in their - interiour parts, being exhaled by the heat and drought of the sunne: whereas - the cold doth keepe in the heat in the Northerne regions, if it be not so - vehement as it doth in a maner quench it: for which cause those that inhabit - beyond the 75 degree, are weake, little, and - tamed with extreme cold, the which is so vehement, as many die; as the - marchants report. And euen the baron of Heberstein writes, That the spittle - freezethIn the history of Moscouie. sometimes - before it falles to the ground, the which may seeme incredible. But it is most - certaine that the Baltique sea freezeth in such sort, as whole armies passe - from the maine land to the ilands; although the heat in sommer is sometimes so - violent, as it burnes not onely the fruits of the earth, but also the houses - and villages, as the same author writes that it hath happened in Moscouie, in - the yeare 1524. The which also chanced in Polonia, in the yeare 1552, as Thomas Cromer writes. And the like chaunced in England, - in the yeare 1556, as I have seene by letters from M. de - Nouailles ambassador in England fot the French king: in the which he - doth assure, That the heat had bene so - vehement, as the flame kindled by the sunne, burnt the fruits and villages - 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 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 - neere unto Laon, the which was burnt in the moneth of May, in the yere 1574, - after a straunge manner, the fire flying through the streets, and through - places farre distant from the houses where it first - began: for the situation thereof is waterish, as I have said; and the grossenesse of the vapour retaines the - heat, the which the maisters of boat houses know full well; who to spare wood, - cast water into their stoues. The Northerne parts then being full of waters, - lakes, and fountaines, the vapors which are drawne vp into the ayre, receiue - and retaine the heat more violently: as in the Southerne parts it is more - vehement vpon the earth. For euen as the heat is more violent in mettall than - in wood, and in great wood than in small brush: so the sun hath moreWhy the sunne is hoater on the earth than in the ayre. - effect vpon the earth than in the ayre; and in a vaporous ayre in moyst - regions, than in a dry countrey, whereus the ayre is subtill, and without any - sencible bodies: which may be the cause that God hath made the Southerne - countries more rainie, and lesse waterish: and those places which are moist in - the Southerne parts, lie commonly towards the - North, and are couered with mountaines towards the South, as AquitaineWhat places in the South are most subiect to waters. - (which is so called for the aboundance of waters) hath the Pyrenean hilles. - Barberie hath mount Atlas, which is wonderfully high, out of the which the - 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 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 - greater in the one than in the other: and which - also doth cause the one to eat more, and to disgest better than the other, for - the coolenesse of the region which keeps in the naturall heat. So as those - 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, 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 - and languish, the moreWhy the armies of the North languish - when they go towards the South. they goe towards the South, yea euen - in sommer; as it appeared in the Cimbrians, of whome Plutarch witnesseth, That they were all molten with sweat, and - 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, 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, - and their milke, and fall away: the which Plinie hath - noted, and the marchants find it true by daily experience. And euen as the - Spaniard doubles his appetite and forces, comming out of Spaine into Fraunce; - euen so the French loose their appetites and languish, going into - Spaine: and if he will eat and drinke as he - doth in Fraunce, he is in daunger not to continue it long. And euen the nations - of the Northerne regions fall a languishing and fainting of the heart, when as - the Southerne winds blow: the same reason doth teach vs, why that men and - beasts, yea and birds which most suddenly feele this alteration, grow far in - winter, and leane in sommer. If Leo of Affrike, and Francis of Aluares, (who haveWhy the - people of the South be abstinent. written the histories of Affrike - and Ethiopia) had well observed this reason, which is naturall, they had not so - highly commended the abstinence of those people: for they cannot have any - appetite, the interiour heat wanting in them. Neither must we blame the people of the North, for that they are more hungry, and - deuoure more than they - - Why the people of the North are more hungry. of the - South, considering the inward heat and greatnesse of the men. The same effects - are found in the Antartike regions: for read in the - Histories of the Indies, That Magellan found neere unto - the strait which he called by his own name Giants Patagenes, so great and mightie, that eight Spaniards armed were - troubled to hold one; but otherwise verie simple. The people of the North get - it by force, and they of the South by policie: so they of the middest - participat of the one and the other, and are more fit for warre, by the - iudgement of Vegetius and Vitruuius: and therefore they have erected great empires, the which - have flourished in armes and lawes. And the wisedome of God hath so well - distributed his graces, as he hath neuer ioined foce - with excellencie of wit, neither in men nor beasts: for there is nothing more - cruell than iiustice armed with power. The people therfore of the middle regions have - more force than they ofThe people of the middle regions are - better tempered in wit and bodie. the South, & lesse pollicie: - and more wit than they of the North, & lesse force; and are more fit to - commaund and gouerne Commonweales, and more iust in their actions. And if we - looke well into the histories of all nations, we shall find, That euen as great - armies and mightie powers have come out of the North; euen so the hidden - knowledge of Philosophie, the Mathematikes, and other contemplatiue sciences, - are come out of the South: and the politike sciences, lawes, and the studie - thereof, the grace of well speaking and discoursing, have had their beginning - in the middle regions, and allThe greatest empires were in - the middle regions. great empires have bene there established; as the - 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 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 - nations of the South and East, but they preuailed little against them of the - North and West: & although they were conquerors ouer all other people, yet - they imploied all their forces, & had somewhat to do to make resistance - against the Northerne nations, who neither had walled townes, fortresses, nor - castles; as Tacitus saith, speaking of the Germans. And - although that Traian had made an admirable bridge vpon - 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 (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 - North dispersed throughout all the Roman empire. Bourguignons, - Herules, Huns, Hongres, Lombards; and in succession of time, Normans, Tartars, - Turkes, and other nations of Scithia, inuaded the Prouinces which the Romans - had held. And although the English have had great victories ouer the French and - conquered the country which lieth South to them, yet for these nine hundred - yeres they could neuer expell the Scottish men out of the island; and yet it is - 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, 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 - nations of - - Esai. 14. 41. Ezec. 16. 51. - Dan. 8. 48. Zah. 11. the North, foretelling that - warre murder, and the ruine of Commonweales should come from thence. For - although that men be much diminished in numbers, force, proportion, vigour, and age, in respect of the auntients (a complaint of - most writers by the historie of Plinie) so hardly vpon the face of the earth shall you - now find a citie comparable to Capua (containing thirteene miles in circuit) - much lesse matchable to the famous Babylon, which though it were situated foure - square in a leuell soile, yet could a good foot man hardly trauell round about - it in three dayes: but this notwithstanding in multitudes of people, in - strength of bodies, and large proportion of members, the Northerne prouinces do - at this day farre excell the Southerne. In regard whereof that militarie - discipline of the Romans, which priuileged souldiours at fiftie yeares from - future seruice, was not allowable amongst the Lacedemonians; who being nothing - inferiour to the Romans, either for strength of bodie, or warlike experience, - yet freed their people from the seruice thereof, at fortie: the reason being, - for that they - - Lacedemon more Southerly than Rome. were so much the - more vnable to hold out so long as the Romans, by how much the one nation - approached more neere to the South than the other. So bring a Scithian from his - natiue habitation to the South, and you shall find him presently to droop, and - fall away with sweat and faintnesse. And therefore the pirats of the - Mediterrannean finding by experience, that the English and Dutch captaines are - vnfit for paines taking in those hoat countries, in their markets prize them at - a verie low rate. For the people of the North are inwardly hoat, enioying a - most dry aire, and therefore more thriftie than the Southerne, who inwardly are - cold, according to the propertie of the South, a climat moist by nature. - Wherein the Grecians deriuing, , i. ab humore, - from moisture, are to be beleeued; experience teaching vs, That when the - winds blow from the South, we expect - showers; but when from the North, faire weather and cleere skies. For which - reason the people of the North are and have alwaies bene great drinkers, - witnesse the Greeke proverbe, To drinke like a Scythian, the which Tacitus hath not forgotten, speaking of the manners of - the Germans, Diem noctemque (inquit) continuare potando nulli - probrū, ita vt craebrae inter vinolentos rixae fiebant, They held it - no disgrace (saith he) to sit all day and night drinking: so as oftentimes - there fell out iarres among these drunkards. The which is not the fault of the - men, but of the region: For such as trauell from the South to the North, will - eat and drinke no lesse than they that are home bred. But Tacitus was deceiued, in saying, That the Germans did drinke more and - eat lesse, by reason of the coldnesse and barrennesse of the - countrey. But contrariwise seeing that - thirst is nothing else but an appetite of cold and moisture, and that hunger is - an appetite of drought and heat; and that the people of the North have the - interiour heat much more in comparison than those of the South, theyThe reason why they of the North drinke more than in the - South. must of necessitie drinke more. In like sort the people of the - Northerne regions have their skins softer, more hairie, and subiect to sweat - than the people of the South; which have the skin hard, little haire and - curled, and the skin withered with drinesse, enduring heat easile without - sweating: but they cannot well beare with cold, not wet; as appeared in the - Spaniards, which died of cold in great numbers vppon the high mountaines of - Peruana. And no wonder, for men bred and brought vp in hoat regions, in colder - places inwardly waxe chill, whose bodies if any extraordinarie or sudden - alteration of wether attache (an accident - often happening in those Sotherly quarters, especially vpon the tops of those - high hils) it must needes follow, that their naturall heat, both inward and - outward, do vtterly forsake them: the contrarie whereof betideth the Scythian, - who by nature being inwardly hoat, by cold becommeth so much the more able and - couragious, by how much the cold forceth the outward heat unto the heart, the - true seat and center of lively heat. Yea the report, how subiect the Southerne - people through want of inward heat are to loosenesse and the bloody flixe, - almost passeth credit, albeit most true: Whereas on the contrarie the countries - situated Northwards, abounding with riuers and lakes, - do enure mens bodies to fogges & cold - moistures, and that in such able manner, that Scythians do oftentimes defeat - their enemies by their ambuscadoes hidden in deepe marishes; testified by Herodianus, who writeth, That the Germans infested the - Romans with their missiue weapons, themselves standing safe in the middest of - the waters. Which secret of nature Galen not well - understanding, seemeth to wonder at, especially for bathing their new borne - infants in cold unning riuers; a custome used in like - manner by the Ausonij,

- - - - Natos ad flumina primùm, - - Deferimus, saeuoque gelu durmus & vndis: - - - - - - Our new-borne babes at first to springs we bring, - - - - T'endure cold stormes their bodies so enuring. - - - -

The ground of which German custome Iulianus surnamed the - Apostata writeth to be, that this people held an - opinion, That the true borne children would flote vpon the waters, but the base - and bastards would sinke to the bottome. And euen as the peopleProofe to know the bastards from them that were lawfull. - of the North doe languish soone with heat, so are they soone wearied and tyred - with labour in the Southerne parts, or in a hoat season. The which was first - knowne at the battell of Plombin, whereas the Celtes being inuironed with two - armies of the Romans, fought valiantly: but after they had spent their first - furie, they were soone vanquished. Polybius saith, That - to vanquish the Celtes, you must but ward their blows for a time, and yet they were held inuincible, Caesar holds the same opinion of the Gaules, That in the - beginning of a battell they were more than men, but in the end lesse than - women. The which is more naturall to the Germans, and other people of the North - (as Tacitus saith) who had knowne them by long - experience: For the Gaules, especially those of Languedouich, hold the middle - region betwixt the cold and extreame heat, although the qualitie of the - Westerne region makes the country more cold. And those which are in the middest - are impatient of cold or heat: the which Caesar doth - witnesse of the Gaules, who suffet cold more easily than the Spaniards, and - heat than the Germans. And euen as the people of the middle regions hold of the - two extreames in humor, so doe they agree with the one and the other in manners - and - - The middle region participats of both the extreames. - complexions: and as God by his admirable wisedome doth vnite all things by - convenient meanes to their extremities. In like sort we see that hee hath - observed the same order betwixt the nations of the North and South, which can - neuer concurre together for the contrarietie of manners and humors that is - betwixt them. The which is a thing verie considerable, when there is any - question to treat a peace, or to make a league betwixt two nations so - contrarie, or to lead them both forth to the warre together; you must place - that nation betwixt them that doth participat of both their natures, and that - have their affections more moderat. As Galen saith, That - the Germans and Arabians have not that commendable ciuilitie which is in them - that are borne in Asia the lesse, the which is not onely betwixt the Pole and - the Equator; but also betwixt the East Indies - and Fraunce Westward: A countrey for this vertue so highly - - and humanitie comes from Asia. commended by - Tully, that he doubteth not to affirme, That therein - not onely rested the mirror of ciuilitie, but that from thence it hath bin - deriued to all forreine nations. But I am not of their opinions, who draw their - arguments of ciuilitie and babarisme from the effects - of heate and cold, finding every day by common experience, that the Southerne - people go beyond al other nations in quicknes of wit, whereas barbarisme and - rude behauiour proceede from ignorance and want of education, a lesson long ago - verified by Herodotus, who for good wits and civill - behauiour commendeth the Aegyptians before all other - people of what nation soeuer. And after him Caesar (in - his Commentaries of the civill warres) gaue - them the like priuilege, saying, That the Alexandrians did so artificially - 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 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 - tearmes them Gentem acutissimam, A most subtill nation: - But yet they had not such excellent wits as the Aegyptians, neither are they so - neer the South. And without any further search we have the proofe therof in this realm, where the difference is apparent - in regard of the English, who complained to Philip of - Comines with admiration, for that the French lost - most commonly in their warres against them, and won still in their treaties. - Wee may write the like of the Spaniards, who neuer made treatie for these - hundred yeares with the French,The nature of the - French. but they had the aduantage: the which were long to repeate in - particular. I will onely produce the treatie of Cambresis, made in the yeare - 1559. It cannot bee denied but the forces of Fraunce were great and sufficient - to withstand a mightie enemie, yet the Spaniard got more by this treatie, - without striking stroke, than they had done beforeThe - Spaniard alwayes circumuents the French by treacheries. in fortie - yeares, neuer hoping (as they confessed afterwards) to draw Sauoy no - - Piedmont out of the hands of the French: For - although the duke of Sauoie, a vertuous and a generous prince, deserued much, - 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, 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 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 - which was demanded, being tired with many iourneies, and the ordinarie - tediousnesse of the Spaniard, the which was not forgotten in this treatie. It - was also observed, That in all the sittings and assemblies made by the - deputies, alwaies the French were first come, and although they had set all - their people to watch, that they might sometimes enter the last; yet were they - still deceiued by the subtiltie of the Spaniards, and impatience of the French, - who seemed by this meanes to sue for peace. This fault is not to bee imputed to - them that had the charge to treat a peace, but unto nature, which is hardly - vanquished. For we read the like of the ambassadours of Fraunce, conferring - with the ambassadours of the emperour, of Venice, Spaine, and Ferrare, before Francis Sforce duke of - Milan. Our manner (saith Philip de Comines) is not to - speake treatably, as they doe: for wee speake sometimes two or three together, - so as the Duke said, Ho, one to one. Whereby we may iudge as in any other - obseruations, That the nature of the Spaniard (being much more miridionallThe nature of the Spaniard. than we) is colder, more - melancholike, more staied, more contemplatiue, and by consequence more - ingenious than the French; who by nature cannot stay to contemplat, being - cholerike and full of spleene, the which makes him more actiue and prompt, yea - so sudden, as he seemes unto the Spaniard to run, when hee goes but his - ordinarie pace: for which cause both the Spaniard and the Italian desire to - have French men to serue them, for their diligence and - quicknesse in all their actions: so as yerely there go infinit numbers into Spaine; as I have seene being at - Narbone, especially out of AuergneThe Spaniard heauy & slothful and Limosin, to build, plant, till - their lands, and doe all manuall workes, which the Spaniard cannot doe, but - would rather die for hunger, he is so slothfull and heauie in al his actions. - When as N. Strossie Prior of Capoua, attempted to - surprise Valencia in Spaine, by meanes of the French gallies, whereof he was - then Admirall: the practise being discouered, the Viceroy sought to expell all - the French out of Valencia, which were found to be ten thousand: for whose - loyaltie the Spaniards stood bound, rather than they should depart: which - shewes how greatly that countrey is peopled with French. And without doubt - those which are bred of the mixture of those two nations, are more accomplished - than either of them: For in the Spaniard wee desire more viuacitie and cheerefulnesse, and to have the actions and - passions of the French more moderat: and it seemes the Italian doth participat - of the one and the other, Italie beeing in the most temperat situation that can - be, betwixt the Pole and the Equator, and in the middest of Asia, Affrike, and - Europe, bending a little towards the East & South. And euen as they which - live at the extremities of the Poles, are Flegmatike, and at the South - melancholie; euen so they which are thirtie degrees on this side the Pole, are - more sanguin; and they which approach neerer unto the middest, more sanguin and - cholerike; and then drawing towards the South, more sanguin and melancholike: - soWhence the varietie of complexions doth grow - their complexion is more blacke and yellow, blacke being the colour of - melancholy, and yellow of choler. Galen confesseth, That - flegme makes men heauie and dull; blood - cheerefull and strong; choler, actiue and nimble; and melancholy, constant and - graue:The disposition of the foure complexions. - and according to the mixture of these foure humors, more or lesse, so many - varieties there be, which Theodore Duca of the house of - Lascare emperour of Constantinople hath laboured to - comprehend in 92 kinds, not onely for the foure humors, but also for the three - parts of the soule, Reason, Anger, & Appetite (or Desire:) but for that his - opinions are not grounded vpon the proofe of any example, nor vpon necessarie - reason; and for that he makes no distinction of the parts of the world, neither - of moist places, hilly nor windie, from those that are drie, plaine, and - temperat: neither for that he hath not denied those people which have bene - brought vp in civill discipline, from the rude and barbarous, in this varietie - of soules and humors which he hath supposed, wee will follow that discipline which seemeth most agreeing to reason - and nature, & hath beene confirmed by many examples. Auntient histories do - agree, That the people of the North are not malitious nor craftie, as the - nations of the South be. And Tacitus speakingThe people of the North not subtill. of the Germans, - saith, It is a nation that is neither subtill nor craftie, discouering their - secrets as it were in jest, and then they goe easily from their promises. The - like iudgement we find of the Scythians in Herodotus, Iustin, - Strabo, Plinie, and Vegetius, & therefore - auntient princes as well as at this day, had no other guards for their persons - than Scythians, Thracians, Germans, Swissers, and Circassians. And euen the - Seignerie of Rhaguse or of Genes, have no other - guards but Germans and Swissers. And which is more, the kings of Affrike beyond - mount Atlas, have none other guard but - souldiours of Europe; who although they be Mahometans, yet had they rather - trust in Christians that have abiured their faith, than in those of the - countrey; the which was first put in practise by the great Mansor emperour of Affrike and of Spaine: and heretofore the king of - 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 - 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, having slaine the emperor, was - - The people of the North faithful to the prince that - entertaineth them presently murdered by the guard, which were - Germans, who could not (as Iosephus writeth) forbeare - revenge. In like sort the antients have observed a barbarous crueltie in the - people of the North: for euen Thucidides son to Olorus king of Thrace, tearmes the Thracians a most - cruell nation: and Taritus speaking of the Germans, They - doe not (saith he) put the guiltie to death after order of law, but by - crueltie, as enemies. I will let passe the auntient, and content my selfe with - late examples. Wee have none more notable than that of George captaine of the rebels in Hungarie, beeing taken by them of - Transiluania, they caused his souldiours and companions to fast three dayes, - and then gaue them to eat their captaine halfe roasted, and his bowels boyled. - I omitStrange cruelties of the people of the North. - the straunge cruelties of Dracula duke of Transiluania, - and of Otton Trucces, who caused the murtherer of his lieutenant to be roasted with a slow - fire, during the commons : and of late Grombache a German, was condemned to have his heart pulled out being - alive, and to have his face beaten therewithall, by Augustus duke of Saxonie in the castle of Goth. We find also, that the - breaking vpon the wheele was inuented in Germany, and the impaling or setting - men vpon stakes alive, in Tartaria. Neither is it lesse cruell in Tartaria, to - force them that are condemned, to breake their owne neckes, or els to whip and - torment them: Which makes men to thinke, that the cruelties of the king of - Moscouie published and printed, are verie likely. For the lesse reason and - iudgement men have, the more they approach to the nature of brute beasts, who - canno more yeeld to reason and gouerne their passions than brute beasts. And - contrariwise, - - Melancholike men cruell and revengefull. the people - of the South are cruell and revengefull, by reason of melancholie, which doth - inflame the passions of the soule with an exceeding violence, the which is not - easily suppressed. Polybius speaking of the wartes of - the Speudians, and Carthagineans, people of Affrike, he saith, That there was - neuer seene nor heard of any , where there was more - treacherie and crueltie: and yet they are but toyes in respect ofTerrible cruelties of the people of the South. the - 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 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, - beast, nor tree. And speaking of Homar Essuein a - minister to Mahomet, seeking to make himselfe king, - 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, 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 - flesh of their enemies, but will bathe their children in their blood. But the - crueltie is more remarkable, when as they doe execute any one that is condemned - by law; the which should be done without passion, and free from revenge. Yet we read of punishments that were used in - old time among the Persians, which exceed all crueltie: and in Aegypt at this - day they flea them alive which rob by the high way, then they stuffe the skin - full of hai and set it vpon an Asse, by his sideThe people betwixt both extreames, not subiect to - crueltie. that is so fleaed: Which cruelties the people that live - betwixt both these extreames can neither see nor heate without horrour: and - therefore it seemes, that for this cause the Romans suffred them that were - condemned, to die of hunger, and the Greeks gaue them hemlocke (which is a - sweet poison) to drinke: and those of Chio did temper it with water, and the - Athenians with wine, to take away the bitternesse thereof, as Theophrastus - - saith. We may therefore note the difference of - crueltie betwixt the people of the North and - South: for that the first are transported with a brutish violence, like beasts - without reason: and the other (like unto foxes) imploy all their wits to glut - themselves with revenge: and euen as the bodie cannot bee purged of melancholy - but with great difficultie, so the passions and perturbations of the mind, - which grow by a setled melancholy, are not easily pacified. So as they which - are possessed with this humor, are more subiect unto frensie than any others, - if they find not wherewithall to satisfieWhy the people of - the South are more revengefull then others, and more subiect to - madnes. their affections. And therefore there are more mad men in the - Southerne regions, than towards the North. Leo of - Affrike doth write, That in the kingdoms of Fez and Marocco there are great - numbers: And euen in Grenado (which is more Southernly) there are many - hospitals for mad men onely. The varietie of mad men shews the naturall humour of the people: for although there bee - 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, - 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, - the which is cured by musick: whether that the sweet harmonie thereof doth - recall the reason which was distempered, or whether that musick doth cure the - infirmities of the bodie by the mind, as the phisick doth cure the mind by the - bodie, or that euill spirits which do sometimes torment mad men are expelled - with this diuine harmonie, delighting in - nothing but in discords: or as we reade that the euill spirit hearing the sound - of a harp fled, and left Saul in rest, which seemes to - have been the cause why Elizeus when he would prophecie - before the kings of Iuda and Samaria, he caused one to play of an Instrument. - And when as Saul was encountred by the holie troupe of - the Prophets playing vpon instruments of musick, presently the spirit of God - fell vpon him. Oftentimes euill spirits doe applie themselves to the humor of - mad men: for chollerike men strike in their furie, which happens not in those - that are of a sanguin complexion, and much lesse in them that be flegmatike, - which have a Lethargie, the which is a dull and sleeping furie. And for that - the melancholike man is the wiser, if he chance to fall mad, his furie is the - more incurable, for that a melancholike humor suffers not it selfe to be gouerned as the rest: those that be - sanguin, although they be not so often furious, yet are they often mad, the - which is neuer incident to wise men, for Tully sayth, - Furor in sapientem cadere potest, insania non potest, - & furioso curator datur, - - The difference betwixt a furious and a mad man. - - non insano; quia insanus dicitur, qui suis cupiditatibus - imperare nescit: Furie may well fall into a wise man, but not madnes: a - gouernor is giuen to a furious man, but not to a mad man, for he is called mad - that cannot rule his owne desires. As touching that which we have said, that - the people of the South are commonly more graue, more discreet, and more - moderate in all their actions: it is plainely seene not only in diuers other - nations, but also in this realme, which seemes to be the cause that those which - have made the customes, have limited them to be of full age that live towards - the North at 25. yeares, and the others at 19 - or 20 yeares, except it bee in those countries which border vpon the sea, - whereas the people (by reason of their trafficke) are more politike. I cannot - without the note of ingratitude to mine owne countrie forget the iudgement - which the auncients have giuen of the citie of Angiers, as it is to be seene in - the letters pattents of king Charles the 5 called the - wise, the which he granted for the priuiledges of the Vniuersitie of the said - citie in these words, Quod{que} inter regiones alias Regni - nostri, ciuitas Andegauensis veluti fons scientiarum irriguus, viros alti - consilij solet ab antiquo propagatione quasi naturali prouidere: For - that among other prouinces of this our realme, the - citie of Angers like unto a flowing spring of all sciences, is wont to - send forth men of great knowledge and - iudgement, as it were by a naturall propagation. These letters are dated the - first of August in the yeare 1373.

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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 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 - allies) The Numidians (sayth he) were giuen to venerie more than all the other - Barbarians. Wee read also that the kings of Affrike and Persia had alwaies - great troupes of wiues and concubines, the - which is not to be imputed to their depraued customes, for that at the West - Indies king Alcazares had 400 wiues: and the father of - Attabalipa the last king of Peru, (who was defeated - by Pizarre) had 200 wiues, and fiftie children: and the - king of Giolo had 600 children: so many had Hierotimus - king of the Parthians, who had also a great number of wiues: and Surenus Generall of that armie of the Parthians which - defeated Crassus, had ten thousand. The Scythians and - Germaines have enough of one wife: and Caesar in his - Commentaries sayth, that the Englishmen in his time had but one woman to ten or - twelue men: and many men inA strange manee of gelding of - men, which they used in Scythia & low Germanie. the North parts - knowing their owne insufficiencies, geld themselves in despight, cutting - 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 - heate, it is most certaine that those which dwell in cold countries abound with - heate inwardly, as it appeares by the corpulencie and strength of those Northen - nations: and contrarywise those of the South are very cold. It is the nature of - melancholie which abounds most in them of the South, the which being frothie, - prouokes to lust, as Aristotle writes in his Problemes, - where heMelancholik men most giuen - to lust. demaunds why melancholike men are most lecherous: the which - is notorious in the Hare, the which is the most melancholike of all other - creatures, and which only conceiues being big - with yong, as well the male as the female, as M. Varro, - and other writers do witnesse, and experience hath taught vs; so as we may say - they are much deceiued which have so much extolled the pudicitie and chastitie - of the Scythians, Germaines, and other Northen nations, as Caesar writes in his Commentaries. Among the Germaines (sayth he) it - is a dishonest and villanous thing for a man to know a woman before the age of - 25 yeares, which thing they conceale not: and Tacitus - sayth,The people of the North enemies to women. - there are none but the Germaines among the barbarous nations that content - themselves with one wife: yea sometimes they live in perpetuall chastetie, as - the Emperour Henry 2. did, and Casimir 1. king of Poland, and Ladislaus king - of Bohemia would neuer marrie; the which was not for that they were chaste, but - rather through a naturall weakenes: and Ihon 2. great Duke of Muscouia, did so abhorre women, as - he did euen sound at the very sight of them, as the Baron of Herbestein doth - write, speaking of the Muscouites, They neuer see their wiues (saith he) vntill - the day of their marriage. The people of the North are so little subiect to - iealousie, as Alcomer a Germaine, and Irenicus do write in commendation of their countrie, that men and - women throughout all Germanie doth bathe together pel mel, yea and with - strangers, without any touch of iealousie, the which as Munster sayth, is not knowne in Germanie: whereas contrariwise those - of the South are so passionate, as oftentimes they dye of that disease. - BeingThe people of the South much giuen to - iealousie. sent into England with an Ambassage, I heard Mendoza the spanish Ambassadour - say, That it was a shamefull thing to see men & women sit together at holie - sermons: to whome Doctor Dale Master of Requests answered pleasantly, That it was a more - shamefull thing for Spaniards to thinke of satisfying of their lusts euen in - holie places, the which was far from Englishmens minds. We reade in the - historie of the Indies that the king of Puna was so iealous, as he did cut off - the priuie parts, with the noses and armes of those Eunukes that attended of - his women. The people that inhabit the middle regions hold a mediocritie in all - this, but the most part of them allow but one lawfull wife: and although that - Iulius Caesar did persuade Heludius Cinna to publish the law of Poligamie (or - manie wiues) to the end that Cesarion (whom he had by - the Queene Cleopatr - - ) might be legitimate, yet this lawe was reiected: and the same lawe being - 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 - distinction, noting him with infamie that had more than one wife: and since, - that punishment of infamie hath been made capitall within this realme. But the - Romane lawe hath been of no force in Affrike, for the inconueniences that - happened; as it is incident to all those that seeke to applie the lawes of the - people of the South toAll lawes agree not with all - nations. them of the North, making no difference of their - dispositions, wherein many have beene much deceiued, and euen Cardan, who sayth, That man is wiser than all other creatures, for - that he is more hote and moyst; the which is quite contrarie to the truth, - being most apparant that the wisest beasts are colder than any other, in the - opinion of - - Aristotle. In like sort among militarie punishments, one - was, to let the souldier bloud that had offended, for that those which abound - in bloud had the passions of the mind more violent and lesse obedient unto - reason. Of all beasts the Elephant is held to be the wisest, of the Antients, - for that their bloud is coldest; and the most melancholike of all others, the - which makes them leapers: and to this leprosie the people of theMelancholy the cause of wisedom South are much subiect, - the which was called by the Antients Elephantiasis, a - disease vnknowne in Greece before Plutarch, or in Italie - before Pompey, as Plinie writes. - But he deceiues himselfe to say, that it was proper to the Egyptians, for all - the coast of Affrike abounds with them; and in Ethiopia it is so common, as the - leapers are not separated from the sound. But Leprosie differs from Elephantiasis, the which is a great swelling in the thighes and legs, and leprosie is a canker or - infection ouer the whole bodie. It may be this melancholie is the cause of long - life, for all the Ancients consent, that the Elephant lives three and foure - hundred yeares, and Rauens more, who have littleMelancholy - 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 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 - agues, and the Kings euill. Hereby we may iudge, that the people of the South are infected with great diseases of - the bodie, and notorious vices of the minde: and contrarywise there are no - people that have their bodies better disposed to live long, and their minds - apter for great vertues. So Titus - - The people of the South subiect to extreames. - - 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 - so highly the vertue, integritie, and bountie of the Scythians, and other - people of the North, and condemning the vices of the - South: For he deserues no prayse for his - bountie, that hath no wit, and that cannot be wicked, for that hee knoweth no - euill;Posse & noll - nobile. but he that knoweth euill, and how to put it in practise, and - yet is an honest man. In like sort Machiauel was - ouerseene, saying, That the Spaniards, Italians, and Frenchmen, were the - wickedest people in the world; shewing thereby, that he had neuer read any good - booke, nor knowne the disposition and differences of nations. But if wee shall - looke more narrowly into the disposition of the people of the North, of the - South, and of them that are betwixt both; we shall find that their natures are - like unto young men, old men, and them of middle age, and to the qualities - which are attributed unto them. In like sort euerie one of those three in the - gouernment of the Commonweale vseth that which he hath most at commaund: The - nations of the North, by force; those in the - middest, by equitie and iustice; and the Southerne parts, by religion. TheThe manner of gouernment in the three temperatures. - magistrat (saith Tacitus) commaunds nothing in Germanie, - but with the sword in his hand. And Caesar writes in his - Commentaries, That the Germans have no care of religion, and make no account of - any thing but of warre and of hunting. And the Schythians (saith Solinus) did sticke a sword into the ground, the which - they did worship, placing the end of all their actions, lawes, religions, and - iudgements, in their force and armes. We find that combats came first from the - people of the North, as wee have said elswhere: all the lawes of the Saliens, - Francons, English, Ripuaries, and other Northerne nations are full of them: And - the law of Fronton king of Denmarke would have all - controversies decided by single combat: Which lawes could neuer be - abrogated, although that both popes and - other princes have laboured much, not considering that the naturall disposition - of them of the North, is quite contrarie to them of the South. And at this - present in Germany they make great account of the Reisters law, the which is - neither diuine, humane, nor canonicall; but the stronger commands the weaker: - as Brennus captaine of the Gaules said unto the - treasuror Sulpitius. The middle nations are more - reasonable and lesse strong, they have recourse unto reason, unto judges, and - unto suits. It is most certaine, that lawes and the manner of pleading are come - from the people of the middle nations; as from Asia the lesse (whereas great - Orators and Pleaders were in credit) from Greece, Italie, and Fraunce: whereof - a certaine Poet speaketh, Gallia causidicos docuit facunda - Britannos, Eloquent Fraunce hath - taught the pleading Brittons. It is not at this day alone, that Fraunce hath - beene fullThe Frenchmen giuen by nature to pleading. - of suits and contentions, the which cannot be altered and taken away, vnlesse - they change the nature and disposition of the people: and it is much better to - decide all controversies by law, than by the sword; the one is fit for - reasonable creatures, the other for brute beasts: and to conclude, all great - Orators, Law-makers, Lawyers, Historiographers, Poets, Comedians, and others - which draw unto them the hearts of men with goodly discourses and sweet words, - are in a manner all of the middle nations. We see in the histories both of the - Greeks and Latins, before they attempted the least warre, the matter was - debated with many solemne orations, denominations, and protestations: the which - the people of the North do not vse, who presently fall to - - The seuerall disposition of people according to the - climas. armes, and euen as the one vse - force only like unto Lions, so they of the middest arme themselves with lawes - and reasons. In like sort the people of the South have recourse unto craft and - subtiltie, like unto Foxes; or unto religion: for eloquent discourses agree not - with the grosse wits of the Northerne people, and they are too base for them of - the South, who allow not of any legall reasons or rhetoricall suppositions, - which hold truth and falshood in suspence, but they require certaine - demonstrations or diuine oracles, which exceed any humaine discourse. So we see - that the people of the South, the Aegyptians, Caldeans, and Arabians, have - brought to light the hidden sciences both naturall and - mathematicall, which torment the greatest wits, and force them to confesse - the truth: and all religions have in a - manner taken their beginning from the people of the South, and from thence have - been dispersed ouer the whole earth: not that God hath any acception of places - and persons, or that he doth not suffer his diuine light to shine vpon all men; - but euen as the Sunne is seene more easily in a cleere and still water than in - that which is troubled and filthie, so in my opinion the heauenly light doth - shine far more brighter in pure and cleane spirits, than in those which are - poluted with base and earthly affections. And if it be so that the true - purifying of the soule is by his heauenly light, and by the force of - contemplation in the most perfect subiect; without doubt they shall soonest - attaine unto it which have their soules rauished vp into heauen; the which we - see happen unto melancholike men, which have - - Melancholike men most giuen to contemplation their - spirits setled and giuen to contemplation, the which is called by the Hebrewes - and Accademiks a pretious death, for that it drawes the soule out of this - earthlie bodieMeans to gouerne the people of the - South. unto spirituall things. It is no meruaile then if the people - of the South be better gouerned by religion, than by force or reason, the which - is a point verie considerable to draw the people, when as neither force nor - 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 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 - more firme and constant in their religion, as in Spaine, and more in Affrike: - whereas Francis Aluarez, and Leo - of Affrike do say, that religion is much more reuerenced and honoured there - than in Europe, where among other obseruatiōs Leo - notes, That in one citie of Fez there are seauen hundred temples,Religion most respected in the South. and the greatest - is 1500 paces in compasse, 31 gates, and within it 900 lamps, the yearely - reuenue of which temple is 73000 ducates. But Aluarez - reports far stranger things of the greatnes of temples, of the incredible fasts - and deuotion of the people of Ethiopia, and that the greatest part of the - nobilitie and the people make verie strict vowes of religion. The greatest - reason that hath so long maintained Ethiopia in that goodlie and florishing - estate, and that doth still hold the subiects in the obedience of their prince and gouernour, is the assured persuasion - which they have (as Aluarez saith) That good and euill - comes not unto them by their friends or enemies, but by the will of God. As for - suites, there are fewer than in any part of the world: and which is more - strange, they keepe no records in writing of any decrees, iudgements, - testaments, or contracts, except the accounts of the receit and expences. Who - so should seeke to gouerne those nations by the lawes and ordinances used in - Turkie, Greece, Italie, France, and other midle regions, he should ruine their - estate. In like sort he that should accustome the people of the North to the - pleading of France and Italie, should finde himselfe much troubled, as it - hapned to Mathias king of Hongarie, who sent for Iudges - out of Italie to reforme the iurisdiction of Hongarie, but in a short time the - people were so troubled with this canonicall - pleading, as the king was constrained (at the request of his Estates) to send - back his Italian Iudges into their countrie. So Ferdinand king of Spaine sending Pedrarias - Viceroy to the West Indies, the which then were newly discouered, he did - expresly forbid him to carrie any lawyer or aduocate withThe - disposition of the people is greatly to be observed in the - gouernment. him, to the end he should not sow any seeds of sutes and - pleading where as there was not yet any. But who so should seeke to roote out - all sutes and processes in France and Italie, he should thrust the people into - perpetuall seditions: for euen the Iudges themselves being vnable to determine - and end sutes, for the difficultie and contrarietie of - reasons that are of either side, they oftentimes depute arbitrators, or else - they prolong the sute of purpose to giue the - 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 - 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 - North, butThree vertues proper to three nations of the - North, South, & middle region. they of the South being lesse - capable of gouerment, giue themselves wholly to the contemplation of naturall - and diuine sciences, and to discerne truth from falshood. And euen as the - wisedome to know good and euill is greatest in the people of the - middest, and the knowledge of truth and - falshood in the people of the South, euen so thosePrudenti. Scienti. - Ars. arts which consist in handie works, are greater in the people of - the North then in any other, and therefore the Spaniards and the Italians - admire so many and so diuers kinds of works made with the hand, as are brought - out of Germanie, Flanders, and England. And as there are three principall parts - in the soule of man, that is to say, the imaginatiue or common sence, reason, - and the intellectuall part, euen so in every well ordered Commonweale the - Priests and Philosophers are imployed in the search of diuine and hidden - sciences, being as it were the hart of the citie, the magistrates and officers - to commaund, iudge, and prouide for the gouernment of the State, being as it - were the reason of the citie: and the common people applie themselves to labour - and mechanicall arts, the which is conformable - to common sence.

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We may conclude the like of the vniuersall Commonweale of this world, the which - God hath so ordained by his admirable wisedome: As the people of the South - areThe disposition of the three nations in the gouerment - of the world. made and appointed for the search of hidden sciences, - that they may instruct other nations: Those of the North for labour and manuall - artes: and those of the middle betwixt the two extreames, to negotiat, - traffique, iudge, plead, command, establish Commonweales; and to make lawes and - ordinances for other nations: whereunto those of the North are not so apt for - want of wisedome: neither are the people of the South, be it that they be too - much giuen to diuine and naturall contemplations; or for wantWhy those of the South are not fit to gouerne a state. of that - alacritie and promptnesse, which is required in humane actions; be it that hee - cannot yeeld in his opinions, dissemble, - nor endure the toyle which is necessarie for a man of state; or that he is - soone wearie of publike affaires, or that hee is oftentimes expelied by - ambitious courtiers: as it happened to the wise men of Persia, who were - suddenly put from the gouernment of the state, after the death of Cambises: and to the Pithagorians in Italie. And it - seemes this was figured by the fable of Iupiter, who - expelled his father Saturne out of his kingdome: that is - to say, an ambitious and politike courtier dispossessed a Philosopher giuen to - contemplation: For who so shall wel obserue the nature of Planets, he shall - find in my opinion, that the diuision of them doth agree with the three regions - aboue mentioned, according unto their naturall order, giuing the highest - Planet, which is Saturne, to the Southerne region, Iupiter to the middle, - - The proportion of the Planets to the people. and Mars to the Septentrionall parts, the Sunne remaining in - the middest, as the spring of light equally common to them all. Then followes - Venus, proper to the people of the South, then Mercurie to them of the middle regions: and last of all - is the Moone for the North parts, which sheweth the naturall inclination of the - people of the North to warre and hunting, fit for Mars - and Diana: and the people of the South to contemplation, - besides their disposition to venerie. And the nations betwixt both the qualitie - of Iupiter and Mercurie, fit for - politike gouernments: the which hath a straunge sympathie in mans bodie, which - is the image of the vniuersall world, and of a well - ordered Commonweale: for setting the right hand of man towards the - North, going from the East into the West, - according unto the naturall motion of the world, - - 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, 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, 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 - South than men. - -

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And thus much as touching the generall qualities of all people: for as for the - particular, there are in all places and in - all countries men of all humors, and subiect to that which I have said more or - lesse. Moreouer the particular situation of places, doth much alter the nature - of the countrey. For although there is not any certaine place, whereas we may - distinguish the East from the West, as we may the South from the North: yet all - auntients have held, That the people of the East are more mild, more courteous, - more tractable, and more ingenious, than those of the West, and lesse warlike, - Behold (saith Iulian the emperour) how the Persians and - Syrians are mild and tractable. Who sees not the furie of the Celtes & - Germans, & how iealous they are of libertie? the Romans are courteous and - warlike, the Aegyptians wittie and subtill, and withall effeminat. The - Spaniards have observed, That the people of Sina (the whic - - - - The people of the East more courteous, and more ingenious - than those of the VVest. are farthest Eastward) are the most - ingenious and courteous people in the world: and those of Brezill, which are - farre Westward, the most cruell and barbarous. To conclude, if we looke well - into histories, we shall find, that the people of the West do participat much - of the nature of the North; and the people of the East with them of the South - in the same latitude. The naturall bountie of the ayre, and of the Easterly - winds, is the cause that men are more faire, and of a bigger proportion: and it - is straunge, if the plague or any other infectious disease comes from the West - into the East, or from the North into the South, it continues not: whereas if - they begin in the East, or in any part of the South, they are long and verie - infectious: as it hath bene proued by experience in old times, and at this day - the coniecture is infallible in the countrey of Languedoc, whereas the plague is ordinarie. I have noted many examples - in another place, the which I omit now for breuitie sake: yet the difference of - manners and dispositions of people, is much more notorious betwixt the North - and the South, than betwixt the East and the West. But the greatest chaunge in - particular, is the difference of hilly places from vallies: and of vallies - turned towards the North or towards the South,Remarkable - particularities of places. in the same climat or like latitude, yea - in the same degree, which causeth a wonderfull difference betwixt the one and - the other: as it is plainly seene in mountaines which stretch from the West to - the East: as the Appenin, which diuideth in a manner all Italie in two, mount - Saint Adrian in Spaine, the mountaines of Anuergne in Fraunce, and the Pyenees betwixt Fraunce and Spaine, mount Taurus in Asia, - and Atlas in Affrike, which runs from the - Atlantike sea unto the confines of Aegypt aboue six hundred leagues; mount - Imaus, which diuides Tartarie from South Asia, the Alpes which begin in France, - and continue unto Thrace: and mount Calphat, which diuides Polonia from - Hungarie; the which causeth them of Tuscane to be of a contrarie humor to them - of Lombardie, and farre more ingenious: as also wee see them of Arragon and - Valence, and other people beyond the Pyrenean hilles, to bee of a different - disposition to them of Gasconie and Languedoc, who hold much of the nature of - the North; and the people on this side mount Atlas are farre lesse ingenious - than the Numidians, and other nations which are on the - 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, 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 - assemblies spoile all through the subtiltie of their wits: whereas the - Venetians in their councels resolue grauely, as wee have observed for these two - hundred yeres: for those that have least wit, yeeld to reason, change their - opinions, and referre themselves to men of best iudgement: but so many great - spirits being subtill and ambitious, are obstinat, and will hardly yeeld from - their opinions: & for that euerie man holds himselfe able to commaund, they - will have a Popular estate, the which they - cannot maintaine without quarrels and civill dissentions, by reason of a - naturall obstinacie, proper to the people of the South, which are melancholike, - and to those which for the particular situation of the place, doe participat of - the nature of the South. And euen as they which goe from Bouloigne to Florence, - or from CarassonneA mountain causeth a great difference of people that live in - opposit vallies. to Valence, find a great alteration from cold to - hoat, in the same degree of latitude, by reason of the diuersitie of the one - vallie turning to the South, and the other to the North: in like sort shall - they find a diuersitie of spirits. And therefore Plato - 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, 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 - Athenians had many quarrels and dissentions for the state. In like sort the - Cantons of the Swissers have maintained their Popular estate verie wisely these - foure hundred yeres: the which the Florentines and the Geneuois could neuer - (with the excellencie of their wits) doe ten yeares together, without some - mutines. For the people of the North, and those that live vpon mountaines, - being fierce and warlike, trusting in their force and strength, desire Popular - estates, or at the least electiue Monarchies: neither can they easily endure - - - Why the people of the North have electiue kingdomes. - to be commaunded imperiously. So all their kings are electiue, whome they - expell if they insult or tyrannize: as I have observed of the kings of Sweden, - Denmarke, Norway, Poland, Bohemia, and Tartarie, which are electiue.

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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 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 - are white, tall, and strong; and those of the vallie are little, weake, and blacke: for generally both the men, beasts, - and the trees of the mountaine, are of a stronger constitution than the others. - And old men vpon mount Atlas of 100 yeres old, are vigorus, as Leo doth testifie. This force and vigour doth cause the - mountainersVVhy those that live vpon mountaines loue - Popular states. to loue popular libertie, who cannot endure to be - braued; as wee have said of the Swissers and Grisons. And in like sort the - inhabitants of the mountaines of Bugia, Fez, Marocco, and Arabia, live in all - libertie, without any commaunder: not through the assurance of any places that - are fortified by nature, but for that they are sauage and cannot be reclaimed. - The which should serue for an aunswere unto Plutarchs - demand, Why the inhabitants of the high towne of Athens required a Popular - estate, & those of the low towne the gouernment of - few: considering the reason that I have giuen. - He should therefore wrong himselfe verie much, that should seeke to chaunge the - Popular estate of the Swissers, Grisons, and other mountainers, into a - Monarchie: For although a Monarchie be farre better of it selfe, yet is it not - so fit for that subiect.

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We must therefore carefully obserue what euerie nation desires, and what they - abhore; and first you must draw them to a milder - kind of life, before you propound a royaltie unto them, the which is effected - by quietnesse and ease, inuring them to the studies of sciences and musicke. - And for this cause Polybius saith, That the auntient - lawgiuers of Arcadia, had strictly bound the inhabitants of the mountaines of - Arcadia, to learne musicke, vpon great penalties: thereby to temper the - naturall sauagnesse of that people. Titus Liuius also - speaking of the Aetolians dwelling on mountaines, the most warlike and rebellious people of all Greece, he sayth, Ferociores Aetoli quam pro ingenijs Grecorum, The - Aetolians were more fierce than was agreeable to the humor of the Greekes: They - troubled the Romans more (although they had but three townes) than all the rest - of the Greekes. In like sort, the inhabitants of the mountaine of Genes - defeated the Roman armies, and continued warre against them one hundred yeares, - neither could they euer bring them in subiection vntill they had transported - them from the mountaines into the vallies, after which time they became good - & quiet subiects; as we read in Titus Liuius. We - must not then maruell, if by the SwissersIn Swisserland - every one is boūd to we are a sword. lawes euerie man is bound to - weare a sword, and to have his house furnished with offensiue and defensiue - armes: which other people forbad for the most part. And contrariwise the inhabitants of vallies are commonly effeminat and - delicat: and euen the naturall fertilitie of the vallies, giue the inhabitants - thereof occasion to glut themselves with pleasure.

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As for the inhabitants vpon the Sea coast, and of great townes of traffique, - all writersInhabitants of vallies are effeinate. have observed, That they are more - subtill, politike, and cunning, than those that lie farre from the sea and - traffique. Therefore Caesar speaking of the inhabitants - of Tournay, These men (saith he) for that they are farre from the ports of the - sea, are not & effeminat with the marchandise and - delights of straungers And to that end Tully said, That - the inhabitants of the riuer of Genes, were called deceiuers and conseners; - & those of the mountaines, rude and vncivill: for that these were not - accustomed to traffique, to - - ell and to deceiue. Wherfore Ioseph speaking of the inhabitants of Ierusalem & Sparta, saith, - That they were remote from the sea, & lesse corrupted than others. For - which cause Plato forbids them to build his Commonweale - neere unto the sea, saying, That such men are deceitfull and treacherous. And - it seemeth that the proverbe which saith, That Ilanders are commonly - deceitfull; should be applied to this that we have spoken, for that they are - more giuen to traffique, and by consequence to know the diuersitie of men and - their humors, wherein the policie of trading doth consist, to dissemble his - words and countenance, to deceiue, lie, and to cousen the simple for gaine, the - which isMerchants giuen to lie & deceiue. the end - of many marchants. And to this end the Hebrewes applie that text of Scripture, - where it is said, Non eris mercator in populo tuo, There - shall be no marchant among the people: which - some do interpret a deceiuer or cousener; but the Hebrew word signifies - Marchant.

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There is also a great varietie for the difference of places subiect to violent - winds, which makes people to differ much in manners, although they be in the - same latitude and climat: For we see plainely, that those people are more graue - and staied, when theThe violence of the wind breeds a great - varietie in men. ayre is calme and temperat, than those which live in - regions beaten with violent winds: as Fraunce, and especially Languedoc, high - Germanie, Hungarie, Thrace, Circassia, the countrey of Genes, Portugall, and - Persia, whereas men have more turbulent spirits, than - those of Italie, Natolia, Assiria, and Aegypt, whereas the calmnesse of the - ayre make men farre more mild. We doe also see - in moorish places another difference of men, contrarie in humour to them of the - mountaines. The barrennesse and fruitfulnesse of places doth in some sort - chaunge the naturall inclination of the heauens: AndA - fertill countrey breeds people. therefore Titus Liuius said, That men of a fat and fertill soile, - are most commonly effeminat and cowards; whereas contrariwise a barren countrey - makes men temperat by necessitie, and by consequence careful, vigilant, and - industrious: as the Athenians were, whereas idlenesse was punished capitally: - Neither by Solons law were the children bound to relive - the parents, if they had not taught them some meanes whereby to get their - liuing. So as the barrennesse of the soyle doth not onely make men more - temperat, apt to labour, and of a more subtill spirit; but also it makes townes - more populous: for an enemie affects not a - barren countrey, and the inhabitants liuing in safetie doe multiplie, and are - forced to traffique or to labour. Such a one was the citie of Athens, the most - populous of all Greece: and Nuremberg, which is seated in the most barren soyle - that can be, yet is it one of the greatest cities of the empire, and full of - theA barren soyl makes the - people . best artisans in the world: and so are - the cities of Limoges, Genes, and Gand. But those that dwell in vallies become - soft and slothfull through the richnesse of the soyle. And as they that lie - vpon the sea for their traffique, and those of barren countries for their - sobrietie, are industrious: in like sort those which make the frontiers of two - estates beeing enemies, are more fierce and warlike than the rest, for that - they are continually in warre, which makes men - barbarous,, mutinous, and cruell; as peace makes men quiet, courteous, and - tractable▪ And for this cause the English heretofore were held so mutinous and - vnruly, as euen their princes could not keepe them in awe: yet since that - theyPeople giuen to firce and sauag. have - treated of peace and alliance with France & Scotland, & that they have - bene gouerned by a mild and peacefull princesse, they are growne verie civill - and full of courtesie. Whereas contrariwise the French, which did not yeeld to - any nation in courtesie and humanitie, are much chaunged in their dispositious, - and are become fierce & barbarous since the civill warres: as it chaunced - (as Plutarch saith) to the inhabitants of Sicilie, who - by reason of their continuall wars, wete growne like vuro brute beasts.

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But he that would see what force education, lawes, and customes, have to - chaunge nature, let him looke into the people - of Germanie, who in the time of Tacitus the - Proconsull,Education alter - natur. had neither lawes, religion, - knowledge, nor any forme of a Commonweale; whereas now they seeme to exceed - other nations in goodly cities, and well peopled, in armes, varietie of artes, - and civill discipline: And the inhabitants of Bugia (which in old time was - Carthage, the which in former times had contended with the Romans for the - empire of the world, being the most warlike people of all Affrike) by the - continuance of peace, and the practise of musike (wherewith they are much - delighted) they are become so effeminat and timerous, that Peter of Nauarre comming thither with fourteene ships onely, the king - with all the inhabitants fled, and without striking stroke abandoned the citie, - whereas the Spaniards built goodly forts without any opposition. Therefore Plato maintained, - That there were two arts necessarie in al cities, Wrestling,Wrestling and Musike necessary in all Commonweales. and Musicke; the - one being the nurce of the mind, the other of the bodie. If they neglect - wrestling, the force of the bodie must languish: if the studie of Musicke, they - will become rude and barbarous: if both, then must both bodie and mind grow - dull with idlenesse and sloth: For commonly we see those whose minds are - delighted with the sweet sound of Musicke, to be verie mild and courteous. What - should I speake of the Romans, & of that famous citie, which had so often - triumphed ouer Europe, Asia, and Affrike, whilest that it flourished in armes - and learning; which hath now lost the beautie and vertues of their fathers, - through sloth, to the eternall infamie of their idle - prelats. Whereby it appeares how much education preuailes: whereof Licurgus - - 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 - meat. It is most certaine that if lawes and customes be not well maintained and - kept, the people will soone returne to their naturall dispositions: and if they - be transplanted into another countrey, they shall not be chaunged so soone, as - plants which draw their nourishment from the earth: yet in the end they shall - 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 five hundred yeres after their passage) they had chaunged their manners and - naturall disposition with that of Germany.

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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 - iniurie pleaseth me, the which is common to all the people of the middle - regions betwixt the Pole and the Equator: for euen in like sort Titus Liuus doth call them of - Asia, Greece, and Syria, Leuissima hominum genera, Light - kind of men: the which the ambassadaur of the Rhodians did freely confesse in - the open Senat at Rome. And Caesar himselfe doth - interpret that which he would say, acknowledging that the Gaules have good - wits, and prompt, and tractable. And Scaliger borne at Veona, - writes, That there is not any nation of a quicker & more lively spirit than - the French; be it in armes or learning, be it in the trade of marchandise, or - in well speaking: but aboue all, their hearts are generous and loyall, keeping - their faith more constantly than any nation. And Baptista - Mantuanus, the most excellent Poet of his age, writes thus of the - French,

- - - - Hoat fierie spirits have the Gaules, their bodies passing white, - - And of that white have they their names; a crimson colour bright - - Their womans faces garnisheth, wherewith a comely grace - - Being mixt, Nature out of two sundrie colours one doth raise: - - - - Frolike they are, of cheerefull hew, delight in rounds and rime, - - Prone unto Venus sports, to banqueting, and when they - see their time - - As prone unto Church seruice. They list not beare the yoke, - - Hypocrisie they flie amaine, and what is falsly spoke: - - Hating the sullen Saturnist, they giue themselves to game, - - To hunting, hawking, hils and dales theile thorow them amaine. - - I, they in warres delight them too, the barbed horse to ride; - - Their brigantines, their bow, and speare, to vse it is their pride: - - Whole nights abroad to sleepe on ground it is their chiefest ioy, - - And to be slurd with sunne, and rust, th' account it nothing coy, - - - - With dust to be orespred, to sweat under the weight of armes, - - For countrey, kin, and eke for king, to under goe all harmes; - - Yea death it selfe to them is sweet. Thus farre - Mantuan. - - - -

The constancie of the French appeares plainely by the religion which hath bene - receiuedThe French held to be constant. and - allowed by our predecessors, for the which we have contended these threescore - yeres with such obstinacie, as no nation in the world hath endured such - burnings, spoylings, tortures, and civill wars, as we have caused unto our - selues. Wherby Caesars - - testimony appeares to be very true, writing, That all - the nations of the Gauls was much giuen to - religion, which is far from lighntesse and inconstancie. But that fierie - vigour, as Veronensis sayth, which we see in the french, - and the wonderfull alacritie in doing of things proceedes from choller: from - thence grow the violent motions of the mind, from thence come murthers, when as - from words they fall to blowes, and choller enclining unto rashnes breakes - forth sodenly, the which if it be restrained within the bound of reason it doth - greatly increase wisedome the gouernesse of mans life, as Galen sayth, writing of a chollerike humor, but if it be distempered, - it turnes into rashnes,Inconstancie incident to them of the - North. which properly we call lightnes, but this inconstancie is much - more proper and incident to the people of the North. We have said (speaking in - generall) that the people of the South are of a contrarie humour and - disposition to them of the North: these are - great and strong, they are little and weake: they of the north hot and moyst, - the others cold and dry; the one hath a big voyce and greene eyes, the other - hath a weake voyce and black eyes; the one hath a flaxen haire and a faire - skin, the other hath bothThe difference of humors betwixt - them of the North and South. haire and skin black; the one feareth - cold, and the other heate; the one is ioyfull and pleasant, the other sad; the - one is fearefull and peaceable, the other is hardie and mutinous; the one is - sociable, the other solitarie; the one is giuen to drinke, the other sober; the - one rude and grosse witted, the other aduised and ceremonious; the one is - prodigall and greedie, the other is couetous and holds fast; the one is a - 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 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 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 - - - - The people of the North carelesse of their faith. - saith, did easily imbrace the Christian religion, and then afterwards fell - againe to their Idolatrie. And as for the Muscouites, the Baron of Heberstein - saith in their historie, that he hath not knowne any nation more disoyall, which will have all men to keepe their faith - with them, and they with no man. This falshood or treacherie comes from - distrust, or from feare, and both the one and the other from want of spirit and - wit: for a wise and considerate man as those of the middle region be, is not - distrustfull, for that he foreseeth what may happen, and with courage and - constancie doth execute what he hath resolved, the which the people of the - South do not so well, being fearefull, nor they of the North which want wit. - And to make it manifest how distrustfull and suspitious the people of the North - be, looke into the realme of Denmarke and Sweden, whereas the magistrates do hide men in the Innes to heare what is spoken. - The gouermentThe gouernment of a state alters the peoples - dispositions. of every Citie is of great force in the alteration of - the peoples natures and dispositions: if they be oppressed with tyrannie and - seruitude, they grow faintharted and deiected: they which live in popular - estates and enioy their liberties, must of necessitie be more bold and warlike, - wherein not only the nature of the heauens and regions in generall are to be - considered, but also the particularities of the regions. What may grow in the - minds of men from the ayre, water, winds, hills and vallies, what from - religion, lawes, customes, discipline, and from the state of every commonweale, - and not to obserue the climate alone, for we see in - climates that be alike and of the same eleuation foure notable differences of people in colour, without speaking of other - qualities,Great differences of people in colour in the - same climats. for that the West Indians are generallie of a duskish - colour like unto a roasted quinze, vnlesse it be a handfull of men that are - black, whom the tempest carried from the coast of Affrike: and in Siuill of - Spaine the men are white, at Cape Bonne Esperance black, at the riuer of Plate - of a chestnut colour, all being in like latitude, and like climates, as we - reade in the histories of the Indies which the Spaniards have left in writing: - the cause may be the change from one countrie to another, and that the Sunne in - Capricorne is neerer unto the earth by all the eccentricall latitude, the which - are aboue foure hundred thousand leagues. The transportation of Collonies works - a great difference in men, but the nature of the heauens, winds, waters and - earth, are of more force. The Colonie of the - Saxons which Charlemaine brought into Flanders, differed - much from all the French, but by little and little they were so changed as they - retaine nothing of the Saxon but the language, the which is much altered, - 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, 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) - the which was verified in one tribe of the people of Israell, for those of the tribe of Ephraim - which remained in the mountaine and towards the North, which they called - Gallaad, were not only more rough and audacious and bold than those that dwelt - in the valies, of the same tribe, but did also pronounce the consonants and - aspirations which the others could not pronounce; so as being vanquished, and - flying from the battaile, not able to distinguish the one from the other being - of one nation, they watched them at the passage of Iordain, demaunding of them - how they called the passage or foord, which was named Schibolet, the which they pronounced Sibolet, - which doth properly signifie an eare of corne, although that they be both - oftentimes confounded, by which meanes there were 42000 men slaine. It is most - certaine that at that time the Hebrewes held the purenes of bloud inuiolable, - and that it was but one tribe. That which I - have said, That the nature of the place doth greatly change the nature and - pronunciation of men; may be generally observed, and especially in Gasconie in - the countrie which is called Labdac, for that the people put L. in stead of - other consonants. We do also see the Polonias, which - 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, - 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 - shewed them beanes, which the strangers called - Febues, and the inhabitants of the countrie called - them haves; like unto the Sabins, which did pronounce - Fircus Faedus, for Hircus - Haedus, as Marcus Varro sayth. And thus much - touching the naturall inclination of people, the which notwithstanding carrie - no necessitie as I have sayd, but are of great consequence for the setling of a - Commonweale, lawes and customes, and to know in what manner to treat with the - one and the other. Let vs now speake of other meanes to preuent the changes of - Commonweales, which groweth through aboundance of riches.

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- - - - - - CHAP. II. - - The meanes to preuent the changes of - Commonweales, which happen through the great riches of some, and exceeding - pouertie of others. - -

- - AMong all the causes of seditions and changes of - CommonwealesThe chiefest cause of the change and - subuersion of a state there is none greater than the excessiue wealth - of some fewe subiects, and the extreme pouertie of the greatest part. All - antient histories are full, whereas it appeares that all they which have - pretended any discontentment against the state, have alwayes imbraced the first occasion to spoile the rich: yet these - changes and mutenies were more ordinarie in old time than at this day, for the - infinite number of Slaves which were thirtie or fortie for one free man; and - the greatest reward of their seruice, was to see themselves freed, although - they reaped no other benefit but only libertie, which many bought with that - which they had spared all their life time, or else with what they borrowed, - binding themselves to restore it, besides the duties they did owe to them that - did infranchise them: besides, they had many children, which happens most - commonly to them that labour most,The cause of in an estate. and live most continently, so as - seeing themselves in libertie and opprest with pouertie, they were forced to borrow vpon interest, to sell their - children, or to satisfie their creditors with their fruites and labours; and - the longer they lived, the more they were indebted, and the lesse able to pay: - for the Hebrewes called vsurie a biting, which doth not only wast the debtor - unto the bones, but doth also suck both bloud and marrow, so as in the end the - number of the poore being increased, and not able to indure this want, they did - rise against the rich, and expelled them from their houses and townes, or else - they lived on them at discretion. And therefore Plato - called riches and pouertieThe two plagues of all Common. the two antient plagues of a Commonweale, - not only for the necessitie that doth oppresse the hongrie, but also for the - shame, the which is more insupportable to many than pouertie it selfe: for the - preuenting whereof, some have sought an equalitie, the which many have commended, tearming it the nurse of peace, - 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, having no great - regard of vertue: the poore on their part conceiue an extreme hatred and - 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 maintenanc of a Commonweale. subiects, as in our time - Thomas 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 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 - poore: the which Licurgus did with the hazard of his - life, for after that he had banished the vse of gold and siluer, he made an - equall distribution of the lands. And although that Solon could not do the like, yet his will was good, for that he made - frustrate all bonds, and granted a generall abolition of debts. And after that - the vse of gold and siluer was allowed in Lacedemon after the victorie of Lisander, and that the testamentarie law was brought in, the which was partly the cause of inequalitie of - goods: King Agis seeking to bring in the antient equalitie, he caused all bonds and - obligations to be brought into a publike place and there burnt them, saying, - 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 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; 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 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 - dangerous to Commonweales, than equalitie of goods, the which have no firmer - support and foundation than faith, without the which neither iustice, nor - publike societie can stand, neither can there be any faith, if there be not a - due obseruation of conuentions and lawfull promises. If then bonds be broken, - contracts disanulled, and debts abolished, - 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 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 (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 - discontented and desperate, and to stir vp seditions: whereas if the hope of - these abolitions were not, every one would - seeke to gouerne his estate wisely, and to live in peace. If it be vniust for - the creditor to lose his goods, and the debter to gaine that which is not his, - how much more vniust is it to take land from the lawfull owners to enrichThe equall diuision of lands most iniust. other men with - their spoyles: for they that seeke to be freed from their debts, pretend the - 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 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, - than betwixt equals: and the iealousie betwixt equals, is the spring and - fountaine of troubles, seditions, and - civill warres. Whereas contrariwise the poore and the weake yeeld and obey - willingly the great, rich, and mightie, for the helpe and profit which they - expect: which was one of the reasons which moued Hippodamus the law giuer of the Milesians, to ordaine, That the poore - should marrie with the rich, not onely to auoid inequalitie, but also to make - 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 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 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 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 - out oftentimes, that one man hath fiftie children. Some have sought to preuent - this inconuenience, as Hippodamus law-maker to - 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 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 - which God hath made, should not only be made away after it is borne, but also - be destroyed in the mothers womb. Whereunto Thomas Moore - Chancellor of England seemes to agree, who would not have lesse than ten, nor - more than 16 children in one familie: as if he might commaund nature. And - although that Phidon law-giuer to the Corinthians did seeme to foresee it more wisely, forbidding - expresly to build any more in Corinth (as they made a defence not to build in - the suburbs of Paris, by the kings Edict in the yeare 1558,) yet the subiects - multiplying they must either erect a newIt is iniurious to - tye a citie to a certaine number. Colonie, or banish them - iniuriously. But in my opinion they erre much which doubt ofscarcitie by the - multitude of children and citisens, when as no cities are more rich nor more - famous in arts and disciplines than those which abound most with citisens. It - is indeed lesse to feare that by reason of so great a multitude of citisens - there will be deuisions, for that there is nothing that doth keepe a citie more - free from mutinies andGreat cities are lesse subiect to - seditions than others. factions than the multitude of citisens, for - 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 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, - according unto the law of nature; and reiecting also them that would limit the - number of the citisens, we will maintaine that this deuision of portions ought - not to be allowed but in the framing of a new Commonweale in a conqueredThe manner how to diuide a conquered citie. countrie: - 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 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 - which was twise as much at the least as any tribe had, all things deducted. And - among the Leuites the right of the elder was reserued to the house of Aaron, which had the tenth of the Leuites, and all the - oblations and first fruites: and to every priuat house he assignedDeuision of land by the law of God. twise as much of the - goods and lands unto the elder as to any other of the - heires, excluding the daughters wholie from the succession, but for want of - males in the same degree, whereby we may iudge - that the law of God hath directly reiected all equalitie, giuing to one more - 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 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 - in families, and of mutinies and civill wars among subiects. And to the end the - diuisions thus made may remaine indifferent, there must not be any prohibition - of alienation, either in a mans life, or by testament; as it is used in some - places, if we will obserue the law of God, - which ordaines, That all successions sold, shall returne the fiftieth yeare to - the house, familie, or tribe, from the which it was sold: whereby the poore - that are afflicted, and forced to sell to supply their necessities, shall have - means to sell the fruits and reuenewes of their lands to the fiftieth yeare, - the which shall returne afterwards to them or to their heires: ill husbands - shall be forced to live in penurie, and the couetousnesse of the rich shall be - preuented.

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As for abolition of debts, it was a thing of a daungerous consequence, as it is - said, notAbolition of debts pernitious. so much for - the losse of the creditor (the which is of no great moment, when the question - is of the publike state) as for that it opens a way for the breach of faith in - 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 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 - obserue the law of God, which hath defended all kinds of vsuries among the - subiects: For the law wereVsurie must bee cut off. - vniust in regard of straungers, if it were lawfull for them to deliver out - money vpon interest unto the subiect, from whome he should draw his whole - estate, if the subiect might not vse the like prerogatiue unto straungers. This - law hath bene alwaies much esteemed of all lawgiuers, and of the greatest - Polititians, that is to say, of Solon, Licurgus, - - - - Plato, Aristotle, and euen the ten commissionars deputed - to reforme the customes of Rome, and to make choyce of the most profitable - lawes, would not allow aboue one in the hundred for interest; the which they - called Vnciarium, for that the vsurie of - - Tacit. lib. 5. Pest. lib. - 19. euerie moneth came but to an ounce, which was the twelfth part of - the hundreth crowne which had bene borrowed, and the vsurer which exacted any - more, was condemned to restore foure fold: esteeming the vsurer (as Cato said) worse than a theefe, which was condemned but - in the double. The same law was afterwards publishedAn - vsurer esteemed worse than a theefe. anew at the request of the - Tribune Duilius in the yeare of the foundation of Rome - 396: and ten yeres after Torquatus and Plautius being Consuls, it was reduced to halfe an ounce in the - moneth, and a halfe penie in the hundred: so as it did not equall the - principall but in two hundred yeares. But - the yeare following vsurie was quite forbiddenVsurie - 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 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 - hatchet at the first makes but a little rift, but in the end breakes all in - sunder: so the sufferance of vnlawfull things, - how small soeuer, growes in the end to all impunitie: as they which have - forbidden vsurie among Christians, and yet have allowed it for the church and - hospitals; and some also have found it convenient for the Commonweale and the - treasure; but there is nothing that giues the subiect more occasion to breake a - law, than to defend a thing, and tollerat it with some exceptions. The which is - an ordinarie fault among princes and prelats, seeking to exempt and free - themselves from those things which are forbidden to the subiect: & who - would find that bad in particular, which is publikely allowed? And for that all - defences in matter of lawes are vnprofitableLaws are - vnprofitable without penalties. without some punishment, the which - are not regarded if they be not duly executed, therefore the law Genutia being - ill executed, was by little and little neglected. And therefore in England they have prouided, that when as any edict was - made, they presently appointed a Magistrat or Commissarie, to see the law - observed, who continued in that charge vntill the law were disanulled. But the - couetousnesse of vsurers did so exceed, as they lent after twentie foure in the - hundred, vntill that the law Gabinia did moderat the greatest interest, at - twelue in the hundred, vnlesse it were in venturing at sea, whereas the - creditor tooke vpon him the hazard: But this law was ill executed in the - prouinces, whereas they did take fortie eight in the hundred for a yeare, For - the extreame necessitie of him that borrowes, and the insatiable couetousnesse - of him that lends, will alwayes find a thousand deuises to defraud the law. The - punishment of vsurie was verie seuere in the Commonweale of the Candiots: and - therefore hee that would borrow seemes as if - he would take it violently from the creditor: so as if the debtor did not pay - the intrest, which they could not recouer by law, he was accused as a theefe - and robber: the which was but a grosse shift, in regard of their sales they - make at this day, the Notarie putting in this cause, And the - rest in money. It is true, that at the first councell of Nice, the - bishops procured the emperour to forbid vsurie in money and fruits: the which - in regard of fruits, were so much and halfe so much more: that is to say, - fiftie for a hundred. But it was not observed, especially for fruits, whereas - he that borrowes in a time of dearth is glad to pay it againe and halfe as much - more after haruest. Wherein it seemes there is great reason, for hee that lends - might have gained - - Vsurie in fruits seemes tollerable more if he had - sold it in a time of scarcitie, as they do commonly. Besides there is nothing - deerer than that which nourisheth, nor any thing more necessarie. And - thereforeNothing deerer or more necessarie than that - which nourisheth. the emperour Iustinian - 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 used. Charles of Molins - had no cause to seeke to correct the Greeke and Latine text of the law, against - the truth of all copies, that hee might defend the edict of Lewes the twelfth, and the decrees of the court of parliament, which - made equall the interest in fruits and money: but the difference is great - betwixt the one and the other: for by Iustinians law, - the poore labourer reaped great profit, being freed for thirteen bushels of - corne after haruest, for twelue which he had - borrowed in a time of death: and yet by this correction which Molins giues, he - should be freed for a third part of a bushell, the which is verie absurd; - seeing that before Iustinians decree, it was lawfull to - take fiftie in the hundred for fruits. It is farre better to relie vpon the law - of God, which doth absolutely forbid vsurie, and the creditors good deeds shall - be more meritorious and more honourable to lend withoutA - meritorious deed to lend without vsurie. profit, than to receiue of - the poore laborer, in the qualitie of vsurie, a handfull of corne, for so great - and necessarie a good turne. Therefore Nehemias (after - the peoples returne from captiuitie) did forbid them to take any more vsurie, - as they had done before taking twelue in the hundred, as well in money as in - fruits: and according to this example the decree of - Nice was made: but after that Calixtus the 3, & Martin the 5, popes, had - 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 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 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 - his labour, the shepheard his flocke, and the - noble man sels his land of inheritance, to make fortie or fiftie pounds a yeare - rent in annuities, in stead often pounds a yeare in fee simple land. Then - afterwards when as the rents faile, and the money is spent, as they know which - know not any other good meanes to live, giue themselves to theeuing, or to stir - vp seditions ad civill warres, that they might robbe - secretly: the which is the more to be feared, when as one of the estates of the - Commonweale, and the least in force and number, hath in a manner as much wealth - as all the rest; as it hath beene seene heretofore in the state of the Church: - whereas the hundred part of the subiects in the Westerne Commonweales, making - the third estate, had the tythes of what nature soeuer, and against the lawes - of the ptimitiue Church (as the Popes themselves confesse) and have seized vpon testamentarie legacies, as well mouables as - immouables, DutchiesThe Clergy enriched, and others made - poor. Counties, Baronies, Lordships, Castles, houses both within and - without Townes, rents of all sorts, and bonds made freely; and yet they tooke - successions of all sides: they sold, exchaunged, purchased, and imploied the - reuenewes of their benifices for other acquisitions; and all without taxe, - subsidie, or any charge, euen in those places whereas the taxes are personall. - So as it was necessarie to enioyne the Cleargie to put away such land as had - bene left unto the church within a certaine time, vppon paine of confiscation: - as by a law made in England by king Edward the first, - which did forbid all church men to purchase any land; as it appeareth in Magna Carta: the which hath beene sinceClergy men forbidden to purchase lands. renewed by the emperour Charles the fift in Flanders, vpon paine of confiscation: - the which seemes to have bene forbidden in old - time. For we find that earles of Flanders have bene heirs unto priests: which - custome was abolished by pope Vrbin the fift. For the - same reason the parliament at Paris did prohibit the Chartrens and Celestines - of Paris, to purchase any more, against the opinion of the abbat of Palerme. - Yet these defences were grounded vpon the chapter, Nuper de - decimis. And at Venice it hath bene enacted, and church men were - commanded to dispossesse themselves of all lands, prohibiting to leaue any - legacie to a Cleargie man, nor to make a will by the mouth or writing of a - cleargie man. And by a law made at the request of the states of Otleans, the - twentie seuenth article, all cleargie men are forbidden to receiue a testament - or last wil, in the which any thing is giuen him (the which is verie ill - executed) for the abuses - - In old time every man was forced to leaue something unto the - church. that were committed. Not a hundred yeares since within this - realme, they would not have laid any dead bodie in holy buriall, if hee had not - bequeathed some legacie unto the church; so as they tooke out a commission from - the officiall directed to the first priest of the place: who taking a view of - his goods that had died intestat, bequethed what he pleased unto the church in - his name that was dead▪ the which was reproued by two decrees of the parliament - of Paris, one in the yeare 1388, and the other in the yeare 1401. I have also a - 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, 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 duke of Norandie and earles of Poitou. they died - intestat: the which was also common in Spaine, vntill the ordinance made by Ferdinand in the yere 1392, bearing these words, Que no sellauen quintos da los que mueren sin fazer testamento - dexando hijos o parientes dentro del quarto grado que pueden haver & - heredar sus bienes, vz. 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, 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 - realme, the which was found to amount to twelue hundredThe - reuenewes of he Clergy in France. and thirtie thousand pounds - starling a yere rent, not comprehending the ordinarie and extraordinarie alms. - But Allemont president of the accounts at Paris, made an - estimat, That of twelue parts of all the reuenewes of Fraunce, the Cleargie - enioyed seuen. And by the registers of the chamber of accompts it appeeres, - that within this realme there are twelue Archbishopricks, 104 Bishopriks, 540 - Abbaies, and 27400 parishes or cures (taking every towne for a cure, and the - least village for one where there is a parish) - besides Priories and begging friers. Their reuenues had been far greater if - PopeThe propertie of land is in vaine whereas the - vsufruit is perpetual - - Iohn the 22 had not disanulled the decree of Pope Nicholas, who had allowed all begging friers to enioy the - frutes of lands, and the Pope should have the proprietie, the which was a - grosse cunning to frustrate the vowes of pouertie▪ for that the propertie is - fruitlesse and in vaine, as the law saith, if the vsufruct were perpetuall, as - bodies and colledges be. I do not speake of the well imploying of their goods, - but I say that this great inequalitie (it may be) hath ministred occasion of - troubles and seditions against theAn occasion found out to - ruine the Cleargy. Clergie, throughout all Europe, when as in shew - they made a cullour of religion: for if this occasion had not been, they had - found out some other, as they did in time of our predecessors against the - Templers and the Iewes; or else they would have required a new deuision of lands, as Philip the - Roman Tribune did for the people, pretending that there were but two thousand - men in Rome which possessed all, although they were numbred in all to be aboue - three hundred thousand; and those few did so increase in wealth, as Marcus Crassus by a declaration of the Censors, was - esteemed to be worth sixe millions of crownes: and fiftie yeares after Lentulus the high Priest was found to be worth ten - millions of crownes. The Romains laboured to preuent these inconueniences, - publishing many lawes touching the deuision of lands: among the which the law - Quintia and Apuleia, would have the conquered lands deuided among the - people,The cause of seditions in Rome. the which - if they had bin well executed, those seditions had bin preuented which so - troubled the Commonweale: but the mischiefe was, that the conquered lands were - farmed out by favour to priuat men, with a - pretence of benefit to the Commonweale, vpon condition to pay the tenth of - graine, and the fift of frtes, and some rent for the - pastures: yet this rent and other duties were not paied, for that great men - held them in other mens names: for which cause Sextus - Titius the Tribune presented a request unto the people, to the end that - the receiuers of the reuenues might the arrerages that - were due, the which was granted, but being not well executed, it was a meanes - to present other requests unto the people, that the lands and reuenues of the - 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 - 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 - lands, of the which they could not be dispossest, nor forced to pay without - 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 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 five hundred - - Law made for the distribution of - lands. acres that should be found in any one familie: but the Tribune - was slaine the last day of the publication, in a sedition moued by the Nobles: - yet Caius Gracchus his brother being Tribune of the - people ten yeres after, caused it to be put in execution, but he was slaine - also in the pursuite thereof, after whose death the Senate to pacifie the - people caused it to be executed against many. And to the end those lands should - not remaine waste, the poore wanting cattell and meanes to till it, it was - ordained that according unto the law Sempronia of Tiberius - Gracchus, the treasure of king Attalus (who had - made the people of Rome his heire) should be distributed among the poore, to - whom they had giuen part of the lands: by which meanes many of the poore were - prouided for. And to take away occasion of future seditions, they sent away - part of the poorer sort into Colonies, to - whome they did distribute countries conqueted from the enemie. But there was - one article in the law of C. Gracchus which was most - necessarie, and yet it was abrogated, Prohibiting the poore to sell or make - away those lands that were assigned unto them: for the rich seeing that the - poore had no meanes to entertaine those lands, redeemed them.

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There was also another cause of this inequalitie of goods, which was by the - libertieThe testamentarie law the cause of - 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 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 - processe of time the seuen thousand parts of inheritance might not be sold, or - diminished into many members, it was decreed, That the elder of the house, or - the next of kin should succeed to the whole inheritance; and, that he could not - have but one part of the seuen thousand; and he must be also a Spartaine borne. - Others were excluded from the succession, as Plutarch - saith, speaking of king Agesilaus, who in the beginning - was bred vp straightly as a younger brother, for that hee was issued of a - younger house. This for a time did entertaine the 7000 families in equalitie, - vntill that one of the Ephores being incensed against his eldest sonne, - presented a request unto the Seigneurie, the - which passed for a law, by the which every man had libertie to dispose of his - goods by will. These testamentarie lawes being receiued in Greece, and - afterwards published in Rome, and incerted in the twelue tables, were the cause - of great alterations. But the people of the East and West might not dispose of - lands by testament: a custome which is yet observed in some parts of France, - Germanie, and other nationsIn Poland and many other parts of - the North, they may not dispose of lands by testament. of the North. - And therefore Tacitus writes, that the Germaines had no - vse of Testaments, the which many have vnaduisedly attributed to ignorance and - barbarisme. And euen in Polonia it is expresly forbidden by the lawes of the - two Sigismonds, according unto - the antient customes, to dispose of lands by testament. The Oxiles and - the Phytales had a stricter custome, - forbidding them to pawne any lands. And by the custome of Amiens and other - customes of the Lowcountries of Flanders, no Nobleman might sell away their - seigneuries vntill they had solemnely sworne pouertie: theIn - some places noble men may not sell away their seigneuries. which is - also strictly observed in Spaine. We have also said before, that the law of God - did expresly defend all alienation of lands, either in a mans life or by - testament, reseruing the right of the elder in every familie, without any - difference of noble or villain, according to Licurgus - law in his deuision of 7000 parts in Lacedemon: and those of Caux in Normandie, - as well the Gentlemen as others, do much better preserue the dignitie and - beautie of their antient houses and families, the which by this meanes are not - dismembred, and all the estate of the Commonweale in generall: the which is the - more firme and stable being grounded vpon - good houses and families, and as great and immoueable pillers, the which could - not support the burthen of a great building, if they were weake, although they - were many. And it seemes that the greatnes of France, Spaine, and England is - supported by great and noble families, and by corporationsGreat kingdoms supported by noble families, especially in an Aristocratical - estate, but they are contrarie to a Popular estate, or to a Tyranny. - and Colleges, the which being dismembred into peeces, will be the ruine of the - State. But this opinion is more probable than necessarie, vnlesse it be in an - Aristocraticall estate: for it is most certaine that in a Monarchie there is - nothing more to be feared than great men, and corporations, especially if it be - tyranicall. As for a popular estate which requires equalitie in all things, how - can it endure so great inequalitie in families, - whereas some should have all, and others die of hunger: seeing that all the - seditions which have happened in Rome and in Greece have been grounded vpon - thisInequalitie main tained the estat 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 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, 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 - like defences were made in Polonia, by the laws of Albert, & Sigismond Augustus kings in the - yere 1495 & 1538, & by an edictLaws prohibiting - noble men to ell their seigneuries. made by - Peter duke of Brittaine, forbidding the common people - 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 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) - with the Plebeians that are rich, as they did in Rome after the law Canuleia; - the which is practised at this day by the - Venetians, and almost in every Commonweale, whereas the nobilitie hath any - prerogatiue ouer the common people: the which is the surest way to maintaine - the nobilitie in wealth, honour, and dignitie. And yet it is necessarie to - moderat the dowries of women in what estate soeuer, least that meane houses be - not beggered to enrich the nobles: wherein the antient lawgiuers have been much - troubled to obserue this equalitie, and to prouide that ancient houses and - families might not be dismembred and ruined by the daughters. The law of God - would not allow the daughters to succeed if there were any brethren: and - although there were not any, yet the daughters that were heires were commanded - to marrie the next kinsman of that familie: to the end - saith the law, that the inheritance may not be drawne from the house by the - daughters. This law was observed in Greece, - where as the next kinsman married the heire, neither might the daughter marrie - with any other. In Persia and Armenia the daughter had nothing of the house but - the moueables: a custome which is yet observed in allI 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, 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 - ordained that the rich should marrie with the poore, wherein he did obserue the - equalitie of goods, and entertained loue betwixt the couples, and betwixt the - poore and the rich. It is most certaine that if the daughters be made equall - with the sonnes in the right of succession, - families shall be soone dismembred: for commonly there are more women than men, - be it in Commonweales in generall, or inThe inequalitie of - goods grows, for that the daughters being heires are married to the - rich. priuate families: the which was first verified at Athens, where - as the pluralitie of women gaue name unto the citie: and within these twentie - 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 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 - to preuent this inconuenience at Rome, Voconius Saxa the - Tribune, by the persuasion of Cato the Censor, presented - a request unto the people, the which passedThe law of - succession at Rome, dfrauded. for a law, - whereby it was enacted, That the females should not succeed so long as there - were any male carrying the name, in what degree of consanguinitie soeuer he - were; and, that they might not have giuen them by testament aboue the fourth - part of the goods; nor more than the least of the Testators heires. This law - retained the antient families in their dignities, and the goods in some - equalitie, keeping women in some sort in awe: yet they found a meanes to - defraud it, by legacies and feofments made in trust to friends, with request to - 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 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 - Proconsull who did weare at one time in apparell and iewels the value of three - 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 five crownes in apparell. And by the - Statutes at Venice it is forbidden - - A commendable law at Venic. - to giue aboue 1600 ducats to a noble mans daughter: and if a Gentleman of - Venice marrie a citisens daughter, he may not take aboue two thousand ducats; - nor the females succeed so long as there is any male of the familie: but in - truth this law is as ill observed as that of king Charles the 9, which forbids to giue unto a daughter in marriageThe law of Fraunce for the marriage of daughters. aboue - a thousand pounds starling, and yet the ordinance of king Charles the 5 doth giue no more unto the daughters of the house of - France. And although that Elizabeth of France, daughter - to Philip the faire were married unto the king of - England, yet had she but twelue hundred pounds starling to her dowrie. Some one - will say unto me, that it was very much, considering - the scarcetie of gold and siluer in those daies: but the difference also is very great betwixt a thousand pounds, and foure - hundred thousand crownes. It is true that she was the goodliest Princesse of - her age, and of the greatest house that was at that day. And if we will seeke - higher, we shall find in the lawThe law of God for - dowries. of God that the marriage of a daughter at the most was taxed - but at fiftie sicles, which make fower pounds starling of our money, in which - penaltie he was condemned that had seduced a virgin, whom also he was forced by - the law to bring home, if the father of the maiden so pleased: which makes me - beleeue that the antient custome of the Persians is likely, for that the - Commissioners deputed yearely to marrie the maidsThe law of - Persia. gaue the honestest and fairest to them that offred most, and - with that money they married them that were lesse esteemed (that none might be - vnprouided for) with this caution to them that - married the deformed, Neuer to put away their wiues, but in restoring of their - dowries▪ by the which they prouided for the marriage of maids, the modestie of - wiues, the dignitie of husbands, and the publike honestie whereon wise - lawgiuers should have a speciall care, as Plato had. For - to take from the daughters all meanes to prefer themselves according to their - qualities, were to giue occasion of a greater inconuenience. And it seemes that - the customes of Aniou and of Maine haveCustome 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, 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, 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 - houses caried away all the succession, and maintained the yonger at his owne - pleasure: yet to preuent infinit inconueniences, Arthur - the first duke of Brittanie enacted, That the yonger children should have a - third part of the succession for terme of life, as it is observed in the countrie of Caux, by a decree of the Parlament - at Rouen, the daughters portions being deducted. I have hitherto treated of - subiects only, but we must also take heed least that strangers set footing - within the realme, and purchase the goods of the naturall subiect: and - preuenting all idle vagabonds which desguise themselves like Egiptians, when as - in truth they are very theeves, whom all Magistrates and Gouernors are - commanded to expell out of the real me by a law made at the estates of - Orleance, as it was in like manner decreed in Spaine by Ferdinand in the yeare 1492 in these words, Que los - Egiptianos consennores salgan del Reyno dentro sessenta dias: That all - the Egiptians with their women shall depart out of the realme within threescore - daies. This swarme of caterpillers do - multiplie in the Pyrenees, the Alps, the mountaines of Arabia, and other hillie - and barren places, and then come downe like wasps to cate the honie from the - bees. Thus in my opinion I have set downe briefly the fittest meanes to preuent - the extreme pouertie of the greatest part of the subiects, and the excessiue - wealth of a small number, leauing to discourse hereafter, If the lands - appointed for the seruice of the warre may be dismembred or sold. Let vs now - see if the goods of men condemned should be left unto their heires.

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- - - - - - CHAP. III. - - Whether the goods of men condemned should be - applied unto the common treasure, or to the Church; or els left unto the - heires. - -

- - THis Chapter depends vpon the former, for one of - the causes which brings the subiects to extreame pouertie, is to take the goods - of the condemned from their lawfull heires, and especially from children, if - they have no other support nor hope, but in the succession of their parents: - and the more children they have, the greater their pouertie shall be, to whome - the succession of their fathers belongs by the - law of nature, and who by the law of God should not suffer for their fathers - offences. By which confiscations not onely the lawes of God and nature seeme to - be violated, but the children (who haply have benebred vp in delights) are - oftentimesIt seemes against the law of nature to take the - succession of the father condemned from the child. reduced to such - pouertie and miserie, as they are thrust into despaire, and attempt any - villanie, either to be revenged, or to flie from want which doth oppresse them. - For we may not hope, that they which have bene bred vp as maisters, will serue - as Slaves: and if they have not in former times learned any thing, they will - not now begin, when as they have no meanes. Besides the shame they have either - to beg, or to suffer the reproach of infamie, doth force them to banish - themselves, and to ioyne with theeves & robbers: so as for one sometimes - there goe forth two or three worse than hee that had lost both life and goods: so as the punishment which serueth - not onely for a revenge of the offence, but also to diminish the number of the - wicked, and for the saftie of the good, produceth quite contrarie effects. - These reasons briefly run ouer, and amplified by some examples, seeme - necessarie to shew that the law of Iustinian the - emperour, receiued and practised in many countries, is most iust and - profitable: whereby it was enacted, That the goods of them that were condemned - should be left unto their heirs,Iustinian left the goods of - the condemned unto the heire. vnlesse it were in case of high - treason. Contrariwise some may say, that this is a new law, and contrarie to - all the auntient lawes and ordinances of the wisest princes & lawgiuers, - who would have the goods of any one condemned, adiudged unto the publike, - without some especiall cause to moue them to the contrarie: bee it for - reparation of faults, which oft times is - pecuniarie, and is to be paid to the Commonweale interessed, for els there - should bee no meanes to punish by fines, the which is an ordinarie kind of - punishment: be it for the qualitie of the crimes, and of those that have robbed - the Commonweale, which must be satisfied out of his goods that hath offended: - or to terrifie the wicked, which commit all the villanies in the world to - enrich their children,Wicked men wil attempt any thing to - enrich their children. and many times they care not to loose their - lives, yea to damne themselves, so as their children may be heires of their - robberies and thefts. It is needlesse to proue this by examples, the which are - infinit: I will onely produce one of Cassius Licinius, - who being accused and condemned of many thefts and extortions, and seeing Cicero (who was then president) putting on his purple - robe, to pronounce the sentence of confiscation and banishment, he sent one to tell Cicero that he - was dead during the processe, & before the condemnation, choaking himselfe - in view of the judges with a table napkin, to the end he might saue his goods - for his children: Then Cicero (saith Valerius) would not pronounce the sentence. It was in the power of the - accused to saue his life in abandoning of his goods, according unto the - conclusions of his accusers: as Verres and many others - in like case did▪ for by the law Sempronia they might not condemne a bourgesse - 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 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 - being accused and guiltie of any crime, had killed himselfe through dispaire or - griefe, he was buried and his testament was of force, in the time of cruell Tiberius, Pretium festinand, - - A law in favour of murtherers. (saith Tacitus) that is to say, Murtherers in their persons had - that aduantage ouer others. But whether that he were condemned after his death, - or that he died of griefe, it appeares plainely that many make no difficultie - to damne themselves to enrich their children. And it may be there is nothing - that doth more restraine the wicked from offending, than the feare of - confiscation, whereby their children should be left beggers.The law of confiscation the wicked. Therefore - the law saith, That the Commonweale hath a great interest, that the children - of them that are condemned, should be poore - and needie. Neither can wee say, that the law of God or nature is therein - broken, nor is the sonne punished for the father, for that the fathers goods - are not the childrens: and there is no succession of him whose goods are iustly - taken away before he is dead.

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And if any one feares that want wil driue the children to dispaire, and to all - kinds of wickednesse: much more reason hath he to feare, that wicked children - will abuse their fathers goods, to the ruine of good men and of the - Commonweale. And therefore the law excludes the sonnes of him that is condemned - for high treason, from all successions direct and collaterall, and leaues unto - the daughters (who have lesse power to revenge) a fourth part of their mothers - goods. But there is a greater inconuenience if - - Rewards are necessary for accusers. the goods of the - condemned be left unto their heirs, then shall the accusers and informers have - no rewards, and wickednesse shall remaine vnpunished.

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These be the inconueniences on either part, but to resolue of that which is - most fit, is most necessarie that the true debts being either publike or - priuat, and the charges of informations, should be deducted out of the goods of - the condemned, if they have wherewithall: else there should be no punishment of - the wicked. Yet this clause ought not to be annexed unto the sentence, and hath - bene reproued by many decrees of the court of parliament, to the end that the - judges may know, that they ought to do iustice although the condemned hath not - any thing. In like sort it is necessarie that fines & amercements should be - leied out of their goods that are condemned in any - summe of money, prouided alwayes, that it be - taken out of their mouable goods▪ or out of thatWhat order - is to be observed in their goods that are condemned. which they have - purchased, and not out of those lands which come by succession, the which must - be left unto the heire. And in capitall crimes, that the mouables & lands - purchased, should be forfeited and sold to them that would giue most, for the - charges of the processe, and the reward of informers; and the rest to be - imployed to publike & charitable vses, the succession remaining to the - lawful heires: in so doing you shal preuent the extreame pouertie of the - children, the couetousnesse of slaunderers, the tyranny of bad princes, the - euasion of the wicked, and the impunitie of offences. For to forfeit those - lands which are tyed unto the house, were no reason, seeing it is not lawfull - toLands which come by succession cannot be - forfeited. alienat them by testament, nor in many places to dispose - therof in their life time: by the which should - follow a great inequalitie of goods. And for this reason the goods and lands - purchased must be sold, and not applied unto the church or publike treasure, - least that in the end all priuat mens estates should come to the publike, or to - the church: for that it is not lawfull to alienat those goods which are vnited - to the reuenewes of the Commonweale, or to the church. Moreouer informers and - accusers must bee rewarded, not with the possessions of the condemned (which - might animat them to accuse good men wrongfully) but with some peece of mony: - For the desire to have the house or inheritance of another man, the which they - could not obtaine for money, would be a great occasion - of false accusers to ruine the innocent. Yet must informers have some reward, else the wicked shall continue their - villanies with all impunitie. And as a good huntsman will neuer faile to reward - his dogges with the intrails of the beast, to make them the more lively: so a - wise law-giuer must reward them which seize vppon the wolues and lions of the - Commonweales. And for that there is nothing (after the honour due unto God) of - greater consequence than the punishment of offences, wee must seeke all meanes - possible to attaine unto it. But the difficultie is not small, to take the - confiscations from the publike, to imploy them as I have said, and especially - in a Moarchy. Yet there are many reasons, the which a wise and vertuous prince - will more esteeme for his reputation, than all the goods in the world gotten by - confiscations.The inconueniences which grow in adiudging - of confiscations unto the publike. For if the publike reuenewes be - great, or the charges and impositions laid vppon the subiect sufficient, the confiscations ought not to be adiudged unto the - treasure, if the Commonweale be poore, much lesse may you inrich it with - confiscations. Inso doing you shall open a gate for false accusers to make - marchandise of the blood of the poore subiects, and for princes to become - tyrants. So we see that the height of all tyranny hath bene in proscriptions - and coufiscation of the subiects goods. By this means Tiberius the emperour made the way to a most cruell butcherie, leauing - to the value ofConfiscations the caue of tyranny. sixtie seuen millions of crownes gotten the most part - by confiscations. And after him his nephewes Caligula - and Nero, polluted their hands with the blood of the - best and most vertuous men in all the empire, and all for their goods. It is - well knowne that Nero had no colour to put to death his - maister Seneca, but for his wealth. Neither shall there be at any time false accusers wanting, - knowing they shall neuer bee called in question for their slaunders, being - supported by the prince, who reaps part of the profit. Plinie the younger speaking of those times, Wee have (saith hee) seene - the iudgements of informers, like unto theeves and robbers: for there was no - testament, nor any mans estate assured. And therefore by the lawes, the kings - procurator is enioyned to name the informer, least the accusation in the end - should proue slaunderous: the which is necessarily observed in Spaine, before - that the kings procurator is admitted to accuse any man, by an edict of Ferdinand, made in the yere 1492, in these tearmes, Que ningun fiscal pueda accusar a conseo persone particular sin dar primerimente - delator, That no fiscall or publike officer may accuse any priuat - person before the Councell, but hee shall - first giue in the accusers name. If confiscations have beene alwayes odious in - euerie Commonweale, much more daungerous be they in a Monarchy than in a - Popular or Aristocraticall estate, where false accusers are not so easily - receiued.

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If any one will obiect, That we need not to feare these inconueniences in a - 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 - pretext to put his subiect to death; ifTyrants are enriched - by false accusations, by meanes of confiscations. he hopes to have - his goods thereby, he will neuer want crime, accusers, nor flatterets. And - oftentimes the wiues of princes kindle this fire, & inflame their husbands - to al crueltie, to enioy the goods of them that are condemned. Achab king of Samaria could not get Naboths vinyard, neither for - price nor praier, but queene Iesabel subborned two false - witnesses, to condemne the innocent as guiltie of treason both against God and - man. And Faustine did still importune the emperour Marcus Aurelius her husband, to put to death the poore - innocent children of Auidius Cassius, beeing condemned - for treason, whose goods the emperour left unto his children; as the kings of - Persia were woont to doe, euen in cases of high treason, and hath bene often - practised in this realm. And by the lawes of Polonia, confiscation hath no - place but in the highest degree of treason: and oftentimes it is giuen unto the - kinsfolkes. But it is a hard matter to recouer the - goods which are once forfeited, be it by right or wrong; for they hold it for a - rule, That amercements once adiudged to the - crowne and receiued, are neuer restored, although the iudgement were false. The - which is the more to bee feared, for that the goods of them that are condemned - for treason, are forfeited to the prince, and not to the lords of the soyle, - who cannot pretend any thing if another mans subiect bee condemned for treason, - as they may doe in all other crimes. And although we may number as many good - 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, 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, - Fortione, and Monstrueil: and Raymond earle of Tholouse, - the countrey of Languedoc.1234. The countries of - Guienne, Aniou, Maine, Touraine, and Auuergne, are come unto the crowne by - confiscations in the time of Philip Augustus. The - dutchie of Alencon,1202. and the earledome of Perch, - are also come by confiscations. In like case 1458. Perigort, 1369. Ponthieu, - 1370. la Marche, 1302. Angoulesme, 1302. l'Isle in - Iourdaine, the marquisat of Salusses, and 1535. - all the goods of Charles of Bourbon, with many other - priuat Seigneuries, have bene forfeited for high treason, according to the - custome of other Commonweales, and the antient laws. But the custome of - Scotland in cases of treasons is more cruell, - whereas all the goods of him that is condemned accrue unto the exchequer, - without any regard of wife, children, nor creditors.

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If any man will say, That the king freeing himself of those lands which hold - not immediatly of him, according to the edict of Philip - the Faire, and giuing the most part of them which hold directly of him, unto - such as shall deserue well, the which he may do before they be incorporat unto - the crowne: hee shall not appropriat unto the publike all the goods of priuat - men, as else he might do in time. And to preuent this inconuenience, the king - cannot recouer those lands which hold directly of him, offring the price to - them that bought them: for so he might by purchase get all his subiects lands. - I doe therefore thinke this more convenient, than to adiudge the confiscations - unto the people; as they did in Rome by the - law Cornelia, which Sylla the Dictator did publish, - after that he had enriched his friends and partisans with the spoyles of his - enemies. But there is as small reason to giue them to the flatterers of - 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 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 - being publick or priuate, and the rewards of the accusers; the surplusage of - his inheritance should be left unto the - heires, and that which was purchased to charitable vses▪ prouided alwaies that - that which is giuen to the informers, or to the colleges in charitie, shall be - only in money and not in lands, for the reasons that I have formerlyInformers must be rewarded with money, and not with - lands. giuen. As for charitable works, there neuer wants meanes to - imploy it, either in diuine things, or in publike works, or else about the - sicke or the poore. In old time at Rome amercements were adiudged to the - treasurie of Churches, to be imployed in sacrifices, and therefore they called - amercements Sacramenta, as Sextus - Pompeius saith: for which cause Titius Romilius - refused the peoples bountie, which had decreed that - they should restore unto him the fine in the which he had bene condemned, - saying, That things consecrated unto God - should not be taken from him. The like was also observed in Greece for the - tenth of the goods that were confiscate, the which were adiudged unto the - Church, as we may see in the sentence giuen against Archiptolome, Antiphon, and his consorts in Athence in the forme that - followeth. The 16 day of Prytanee, Demonicus Dalopeie - being Register, and Philostratus Captaine, at the - pursuite of Andron touching Archiptolemus, Onomaches, and Antiphon, whome - the Captaine hath accused that they went to Lacedemon to the preiudice of the - Commonweale, and that they departed from the Camp in one of the enemies ships; - the Senat hath decreed, That they should be apprehended, and that the Captaine - with ten Senators named by the Senat, should determine of them, to the end they - 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 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 - the publike treasor, and yet the law did allow the Iudges to dispose in their - sentence as they should thinke the cause deserued for publike or charitable - vses, as we have a commendable custome in this realme. That which I have said - of successions should principallie take place, when as there is any question of lands holden in fee, for the prerogatiue - and qualitie of the fee, affected to the antient families for the seruice of - the Commonweal. Wherin the Germans have well prouided, for in all confiscations - the next of kin are preferred before the publikeThe law of - Germanie for confications. treasurie when - there is any question of land in fee; wherby flatterers have no means to accuse - wrongfully, nor Princes to put good men to death for their fees▪ which seemes - to have been the reason that by the lawes of God the amercement was consecrated - unto God, and giuen to the high Priests, if he that had offended were not in - presence, or had no heires. And for that this Chapter concernes rewards and - punishments, order requires that we discourse of the one and the - other. - -

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- - - - CHAP. IIII. Of reward and punishment. - -

- - IT is needfull to treate here briefly of rewards - and punishments, for he that would discourse thereof at large should make a - great volume, for that these two points concerne all Commonweales, so as if - punishments and rewards be well and wisely distributed, the Commonweale shall - be alwaies happie and florish, and contrariwiseThe two - principall foundations of every Commonweale. if the good be not - rewarded and the bad punished according to their deserts, there is no hope that - a Commonweale can long continue. There is not - any thing that hath bred greater troubles, seditions, civill warres, and ruines - of Commonweales than the contempt of good men, and the libertie which is giuen - to the wicked to offend with all impunitie. It is not so necessarie to - discourse of punishments, as of rewards, for that all lawes and bookes of - lawyers are full of them, but I find not any one that hath written of rewards: - either for that good men are so rare, and wicked men abound; or for that it - seemes more profitable for a Commonweale to restraine the wicked with the feare - of punishment, than to incourage the good to vertue with rewards. But for that - punishmēts are odious of themselves, and rewards - favourable, therefore wise Princes have accustomed to referre punishments - unto the Magistrate, and to reserue rewards - unto themselves, to get the loue of the subiects, and to flie their hatred: for - which cause Lawyers and Magistrates have treated amplie of punishments, and but - few have made any mention of rewards. And although the word merit is taken in - the best sence, as Seneca saith, Altius iniuriae quam merita descendunt, Iniuries make a deeper - impression than merits, yet we will vse it indifferently and according unto the - vulgar phrase. every reward is either honorable, orDifference of rewards. profitable, or both together, else it is no - reward, speaking popularly and politikely, seeing we are in the middest of a - Commonweale, and not in the schooles of the Academikes and Stoikes, which hold - nothing to be profitable that is not honest; nor honorable which is not - profitable: the which is a goodly paradoxe, and yet contrarie to the rules of policie, which doe neuer ballance profit - with the counterpoise of honour: for the more profit rewards have in them, the - 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 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 - of taxes, imposts, wardship, exemptions from the warre; and from ordinarie - judges, letters of estate, of freedome, of - legitimation, of faires, of gentrie, of knighthood, and such like. But if the - office be hurtfull, and without honour, it is no longer a reward, but a charge - or burthen. Neither may wee confound a reward and a benefit; for a reward is - giuenDifferent of reward and - benefit vpon good desert, and a benefit vpon speciall favour. And as - Commonweals be diuers, so the distribution of honours and rewards is verie - different in a Monarchy, and in the other two estates. In a Popular estate - rewards are more honourable than profitable: for the common people hunt only - after profit, caring little for honour, the which theyThe - difference of giuing rewards in a Popular estate and a Monarchy. doe - willingly giue to them that are ambitious. But in a Monarchie the prince is - more iealous of honour than of profit, especially if he be a tyrant, who takes - nothing more disdainefully, than to see his subiect honoured and respected; - fearing least the sweet intising bait of - honour, should make him aspire and attempt against his estate: or els for that - a tirant cannot endure the light of vertue: as we read of the emperor Caligula, whoA tyrant cannot endure to - have the subiect honoured. was iealous and enuious of the honor that - was done to God himself: and the emperor Domitian, who - was the most base and cowardly tyrant that euer was, yet could hee neuer endure - that any honour should be done unto them that had best deserued, but hee put - them to death. Sometimes princes in stead of recompencing of worthy men, they - put them to death, banish them, or condemne them to perpetuall prison, for the - safetie of their estates. So did Alexander the Great to - Parmenio his constable, Iustinian to Bellisarius, Edward the fourth to - the earle of Warwike; and infinit others, who for the reward of their prowesse - have bene slaine, poisoned, or ill intreated by their princes. And for this cause, as Tacitus - writes, the Germans did attribut all the honour of their goodly exploits unto - their princes, to free themselves from enuie which followes vertue. And - therefore we neuer see Monarches, & much lesse tyrants, to graunt triumphes - and honourable entries unto his subiects, what victorie soeuer they have gotten - of the enemie.The honour of the souldiors victory is due - unto the captaine. But contrariwise a discreet captaine, in stead of - a triumph at his returne from victorie, humbling himselfe before his prince, he - saith, Sir, your victorie is my glorie, although the prince were not present: - for hee that commaunds deserues the honour of the victorie, euen in a Popular - estate: as it was adiudged betwixt the Consull Luctatius - and Valerius his lieutenant, vpon a controversie they - had for the triumph, the which - - Valerius pretended to be due unto him, for that the - Consull was absent the day of the battell. So - we may say, that the honour of the victorie is alwayes due unto the prince, - although he be absent the day of the battell: as Charles - the fift, king of France was, who gaue his armes unto one of his gentlemen, and - 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 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 - than in a Monarchy: For that honor which is the onely reward of vertue is taken - away, or at the least much restrained from - them that deserue it in a Monarchy, and is graunted in a lawfull PopularPreferments to honour breeds men of desert. estate, euen - in matters of armes. For as a generous and noble minded man doth more esteeme - honour than all the treasure of the world; so without doubt he will willingly - sacrifice his life and goods for the glorie he expects: and the greater the - honours be, the more men there will be of merit and fame. And therefore the - Commonweale of Rome hath had more great Captaines, wise Senators, eloquent - Orators, and learned Lawyers, than any other Commonweale, either Barbarians, - Greeks, or Latines: For he that had put to rout a legion of the enemies, it was - 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 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 - & commaunders in chaines after his chariot, hee sitting on high attired - with a purple robe wrought with gold, and a crowne of baies accompanied with - his victorious armie, being braue with the spoyles of their enemies, with a - sound of trumpets and clarons, rauishing the hearts of all men, partly with - incredible ioy, and partly with amazement & admiration: and in this manner - the Generall went vpto the Capitoll to doe sacrifice. Aboue all (saith Polybius) that which did most inflame the youth to aspire - to honour, were the triumphall statues or images lively drawne of his parents - and predecessors, to accompnie him to the - Capitoll. And after he had done the solemne sacrifice, hee was conducted home - to his house by the greatest noble men and captaines. And those which died were - publikely praysed before the people, according unto the merits of their - forepassed lines. And not onely the men, but also the women, as we read in Titus Liuius, Matronis honor additus, vt eorum sicut virorum - solemnis laudatio esset, There was honour giuen unto matrons, that - there might bee a solemne commendation of them as of men. I know there are - preachers which will say, That this desire of honour is vaine, which euerie - good man should flie: but I hold that there is nothing more necessarie for - youth (as Theophrastus said) the which doth enflame them - with an honest ambition; who when as they see themselves commended, then do - vertues spring and take deeper root in them. - And Thomas Aquinus saith, That a prince must bee - nourished with the desire of true glorie, to giue him the taste of vertue. We - have no reason then to maruell, if neuer any Commonweale did bring forth such - famous men, and so many, as Rome did: For the honours which were graunted in - other Commonweals, came nor neere unto them which were giuen in Rome. It was a - great reward of honourThe honours giuen at Athens. at - Athens, and in the Olympike games, to be crowned with a crowne of gold in the - open theatre before all the people, and commended by an Orator; or to obtaine a - statue of brasse, or to be enterrained of the publike charge, or to be the - first, or of the first rank in places of honors, for - 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 - 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, 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 - their reuenewes, to oppresse their subiects, - to forfeit some, and to spoile others, to recompence their Slaves and - flatterers (although that vertue cannot bee valued by any price) the Romans - gaue nothing but honours, for that the captaines respected nothing lesse than - profit: and euen a priuat Roman souldiour refused a chaine of gold of Labienus lieutenant to Caesar, for - that he had hazarded his life couragiously against the enemie, saying, That he - would not the reward of the couetous, but of the vertuous; the whichA worthy saying of a souldir. - is honour, that we must have alwayes before our eyes. But vertue must not - follow, but goe before honour: as it was decreed by the auntient high Priests - at Rome, when as Consull Marcus Marcellus had built a - 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 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 plogh to the Dictatorship, and the - other refused halfe the kingdomes of Pyrrhus, to - maintaine his reputation and honour. The Commonweale was neuer so furnished - with worthy men, as in those dayes, neither were honours and dignities better - distributed than in that age. But when as this pretious reward - - The refuse honours when they are - giuen to the vnwothy. of vertue was - imparted to the vicious and vnworthy, it grew contemtible, so as every one - scorned it, and held it dishonourable: as it happened of the gold rings which - all the gentlemen of Rome neglected, seeing Flauius a - libertine to Appius and a popular man, created Aedile, - or chiefe ouerseer of the victuals; the which they were not accustomed to giue - to any but gentlemen, although he had deserued well of the people. And the - which is most to be feared, good men will abandon the place wholly to the - wicked, for that they will have no communication nor fellowship with them: as - Cato the younger did, who being chosen by lot with - diuers other judges to iudge Gabinius, and seeing that - they pretended to absolue him, beeing corrupted with gifts, hee retired - himselfe before the people, and brake the tables that were offered unto him. So - did the chast women in this realme, who cast away their girdles of gold, the - which none might weare that had stained their - honours, who notwithstanding did weare girdles, & then they said, Que bonne renommee valoit meux que ceinture doree, That a - good name was better than a golden girdle. For alwaies vertuous men have - impatiently endured to bee equalled with the wicked in the reward of honour. - have wee not seene that the onely meanes that king Charles the seuenth found to make a number of vnworthy men, who had - gotten the order of knights of the Starre, by women or favour, to leaue it, he - decreed, That the archers of the watch at Paris, should weare a star vpon - - naturall der of honour and - vertue. their cassockes, which was the marke of Saint Owen: whereuppon all the knights of this disorder left the starre. As in like case the people of - Athens disanulled the law of Ostracisme, by - the which the best men were banished their countrey for three yeares, when as - Hyperbolus one of the worst and wickedest men of - Athens had bene condemned by that law.

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It is a daungerous and very pernitious thing in every Commonweale, to grant - honours and rewards without any difference, or to sell them for money; although - that they which thinke to win honour in buying their offices, abuse themselves - as much as those which thought to flie with the golden wings of Euripides, making that which should be the lightest of - all others, of the heauiest mettall: for then the precious treasure of honour - turnes to dishonour; and honour being once lost, then do they exceedThe reward of honour turnes to infamie, if it be giuen to the - vnworthy. in all vice and wickednesse: the which shall neuer happen - if the distribution of rewards and punishments - be ordered by a harmoniacall iustice, as wee will shew in the end of this - worke. If a Consull be allowed a triumph, it is reason that captains and - lieutenants should have the estates and offices, the horsmen the crowns and - horses, and the priuat soldiors also should have part of the arms & spoils. - And in the bestowing of offices theyHarmonicall proportion - in the distribution of rewards. must also have a respect unto the - qualitie of persons: to Gentlemen the offices of Consull, and Gouernments; to - the Plebeians the Tribunes places, and other meane offices fit for their - qualities and merits: and if the vertue of a meane man or of a priuate souldier - be so great that hee exceeds all others, it is reason that he have his part in - the greatest dignities, as it was decreed by the law Canuleia, to appease the - seditions betwixt the nobilitie of Rome and the people: but he that would make - a Consull, a knight of the Order, or a master - of the horse, of a base fellow that had neuer caried arms, without doubt he - should blemish the dignitie of rewards, and put the whole estate in danger of - ruine. In old time there was more difficultie to create a simple Knight, than - is now to make a Generall: they must have deserued well, and prepare themselves - for it with great solemnitie. And euen Kings children and Princes of the bloud - were not admittedThe estimation of honours in old - times. to be Knights but with great ceremonies: as we may reade of - Saint Lewis, when he made his sonne Philip the 3. Knight, who afterwards created Philip the faire Knight in the yeare 1284 and he his three children in - the presence of all his Princes: and which is more, king Francis 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 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 - to them that had deserued well of the Commonweale; as the coller of the order, - the which they tooke away in reproch, as Iulian the - Emperour did from Iouinian and other christian - Captaines; and the honor of a Patrician, the which the Emperours of the East - did esteeme as the highest point of honor and favour: in the beginning it was - not giuen but unto the greatest Princes and noble men. As we read that the - Emperour Anastasius sent the order of a Patrician to - king Clouis in the citie of Tours, but after that it was imparted to men of base condition and - vnworthie of that honor, it grew contemptible, so as Princes have bin of - necessitie glad to forge new honors, new prizes, and new rewards. As Edward the third king of England made the order of Saint - George, or of the Garter: and soone after the 6 of - Ianuary 1351 king Ihon did institute the order of the - Starre in the Castell of Saint Owen: and long after that Philip the secondThe orders of England, Franc, and Bourgongne duke of Burgogne erected the - order of the golden Fleece: and 40 yeres after him Lewis - the II king of France made the order of Saint Michaell; - as also after him the dukes of Sauoy have instituted the order of the Anonciado, and other Princes have done the like, to honor with the title of Knighthood those that deserued - well, whose seruices they cannot otherwise - reward. By the first article of the golden Fleece, theThe - law of the Golden Fleec. which was - instituted the tenth of Ianuary 1429 no man might be Knight of that order, - vnlesse he were a Gentleman of name and armes, and without reproch: by the - second, he might not carrie any other order of what Prince soeuer, but with the - priuitie & consent of the chiefe of the order: the seuenth article wils, - That all personall quarrels and dissentions of Knights among themselves shall - be decided by Iudges of the order, the which is a bodie and Colledge, with a - Chancellor, Treasorer, King at armes, Register, a priuat Seale of the order, - and soueraigne iurisdiction, without appeale or civill request. Lewis the II imitating the example of Philip Duke of Bourgogne, who had entertained him in the time of his - disgrace with his father, instituting the order of Saint - - Michell into a Colledge, the first day of August in the - yeare 1469 he set downe those articles whereof I have made mention, and all - other articles specified in the institutionThe law of the - order of Saint Michael. of the Fleece: and besides in the 37 article - it is said, That when any assemblie shall be made the life and conuersation of - every Knight shall be examined one after an other, during which examination - they shall depart out of the Chapter, and be called againe to heare the - admonitions and censures of the Chancellor of the order: and in the 38 article - it is said, That an examination and censure shall be made of the soueraigne and - head of the order, which is the King, as of the rest to be punished and - corrected, according to the aduice of the brethren of the order, if he hath - committed any thing against the honor, estate, - and dutie of Knighthood, or against the statutes of the order: and in the 42 - article it is decreed, That any Knights place being voyd, the Chapter shall - proceed to a new election, and the Soueraignes voice shall stand but for two: - and both he and all the Knights of the order shall be bound to take a solemne - oth at their entrie into the Chapter, to chuse the worthiest that they know, - without respect to hatred, friendship, favour, bloud, or any other occasion, - which might▪ diuert them from the right: which oth shall be made in the - Soueraignes hands from the first unto the last: and in the last article there - is an expresse clause, That neither the King nor his successors, nor the - chapter of the order may not derogate from the articles of the institution. - Behold briefly the institution of the order and Colledge of honor, the - goodliest and the most royall that euer was in - any Commonweale, to draw, yea to force mens minds unto vertue. It may be some - one will say, that the first institution of 31 Knights in the order of the - golden Fleece, of 36 in the order of France, and of 24 in the order of the - Garter instituted at Windsor, cuts off the way to vertue, for that it is - expresly defended in the last article of the ordinances of Lewis the II, not to increase that number, although the Soueraigne - Prince and the whole Chapter were so resolved; but in my opinion it is one of - the chiefest articles that ought to have bene dulie observed: to auoid the - inconueniences which we have seene by the infinite number of the order of Saint - Michell, - - The excessiu number of Knights of - the order, have ruined the order. for the number is sufficient to - receiue them that shall deserue that honor: and the fewer there are, the more - it will be desired of all men: as at a prize, the which is the more greedily desired, for that every man hopes for it, and - few carrie it. And in this number soueraigne Princes are not comprehended, to - whom they present the order only for honor, for that they cannot be tyed to the - lawes of the order, and retaine the rights and prerogatiues of soueraigntie. - And although the number were small, yet were there but foureteene Knightes at - the first institution of the order, the which are named in the ordinance: and - in the time of King Francis the first the number was - neuer full. So it is most certaine, that there is nothing that doth more - blemish the greatnes of the honor, than to impart it to so many And for this - cause many seeing the smal account was held of the order, procured to have - their Seigneuries erected into Earledomes, Marquisats, - and Duchies, which number hath so increased in a short time, as the multitude - hath bred contempt, so as Charls the ninth enacted by an edict, That after that time all - Duchies, Marquisats and Counties should be vnited unto the Crowne, if the - Dukes, Marquises and Earles dyed without heires males issued of their bodies, - although the said Seigneuries had not in former times belonged unto the Crowne: - the which is a verie necessarie Edict to restraine the insatiable ambition of - such as had not deserued these titles of honor, whereof the Prince should be - iealous. And generally in all gifts, rewards, and titles of honor it is - expedient (for the greater grace of the benefi) tthat he only which holds the - Soueraigntie should bestow it on him that hath deserued; who will thinke - himselfe much more honored, when his Prince hath giuen him his reward, seene - him, heard him, and graced him. Also the Prince aboue all things must be - iealous that the thanks of his bountie may - remaine, banishing from his court those sellers of smoke, or punishing them as - Alexander Seuerus did, who caused one to be tyedSellers of smoke dangerous to an estate. unto a post, as - Spartian saith, and smothered him with smoke, causing - it to be proclaimed by the trompet, So perish all such as sell smoke. He was - fauored by the Emperour, who as soone as he knew the name of any one whom the - Emperour meant to grace either with honor or office, he went unto him, - promising him his favour, the which he sold at a high rate, and like a - horseleech of the Court he suckt the bloud of the subiects to the dishonor of - his Prince, who should hold nothing more deere than the thanks of his gifts and - bountie; else if he indure that his houshold seruants steale away the favours - 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 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 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 - Emperour Iulian caried in his Standard, the which pulled - off her owne feathers, whereof they made arrowes to shoot at her. ForIt is the ruine of princes to giue too great authoritie to his - subiects. the same occasion the last kings issued from Meroue and Charlemaigne were - expelled from their estates by the Maiors of - the pallace, who gaue all offices and benefices to whom they pleased without - the kings priuitie or consent: and therefore Loup Abbot - of Ferrieres did write unto Charles the 3 king of - France, aduising him to have a speciall care that his flatterers and courtiers - did not steale from him the thanks of his liberalitie. Some will say, that it - is impossible for a Prince to refuse his mother, brethren, children, and - friends: I must confesse it is a hard matter to auoid it, yet I have seene a - King whoCharles the ninth to Henry. being importuned - by his brother for another, said unto him in the presence of the sutor, - Brother, at this time I will do nothing for your sake, but for the loue of this - man who hath deserued well, to whom he graciously granted what his brother had - demanded. But if the Prince will wholie yeeld himselfe to the appetite of his - followers, we may well say that he is but a - cipher, which giues all power unto others, & reserues nothing to himselfe: - he must therefore know which be good and vertuous men, and that have well - deserued. And least the Prince should be forced to denie many importunate - beggers, he must make choise of wise and faithfull masters of requests, to - receiue every mans petition, who may dissuade such as demaund any thing that is - vniust or against the good of the State, or at the least they must acquaint the - 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 understands not thereof, or else he will satisfie them with - - - Tranqud. in Tit. pertinent - reasons, wherein the Emperour Titus is greatly - commended, for that he neuer sent away any man discontented, whether he granted - or refused what he demanded, and therefore they called him, The delight of - mankind. Moreouer an impudent begger knowing that his petition shall be viewed, - red and examined by a wise Chancellor, or an understanding master of requests - will not presume to pursue a thing that is vniust; for Princes neuer want - flatterers and impudent beggers, the which have no other end but to drinke the - bloud, eate the boanes, & suck the marrow both of Prince and subiect: and - those which have best deserued of the Commonweale, are commonlyWhy good and vertuous men want rewards. most kept back, - not only for that their honor forbids them to flatter, and to beg the reward of - vertue, which should be offred unto them: but also for the charges and expences - of the pursuite, and many times without all - hope. And if their petitions be once reiected, they will not make a second - attempt, no more then Callicratidas a Lacedemonian - Captaine (one of the most vertuous of his age) who was mockt of the Courtiers - of yong Cyrus, for that he had not the patience to court - it long: and contrariwise Lisander a flattering - courtier, if euer any were, obtained whatsoeuer he demaunded.Plut. in Lisand. A modest and bashfull man is amazed in this case, - where as the impudent preuaile, knowing well the humor of Princes, who alwaies - loue them to whom they have done most good, and the most part hate them to whom - they are most bound: and to say the truth, the nature of a benefit is such, as - it doth no lesse bind him that giues, than him - that receiues it: and contrariwise thanks and the acknowledging of a benefit is - troublesome to an ingratefull person, and revenge is sweet, wherof Tacitus giues the reason,Why we are - more prone to revenge than to requite. saying, Proniores ad vindictam sumus quàm ad gratiam, quia gratia oneri, vltio in - questu betur: We are more prone to revenge - then to giue thanks, for thanks is held a burthen, and revenge a gaine. And - although that many Princes neither pay, nor giue any thing but words, yet the - least promise that is made unto them they hold as a firme bond. There is yet an - other point which hinders and cuts off the rewards of good men, which is, that - if a wise Prince bestowes any office, priuiledge, or gift to whom soeuer, - before he can enioy it, he must giue the one halfe in rewards: and oftentimes - their promises are sold so deere, as they carrie away little or nothing at all, - the which is an incurable disease but by - seuere and rigorous punishments, for the which they must of necessitiePunishments & rewards, the two supports of a - Commonweale. prouide, seeing that punishments and rewards are the two - firmest supports of a Commonweale. The best meanes to preuent it is for the - Prince to cause the gift to be brought and delivered, and if it were possible - to be present thereat himselfe, specially if it be to a man of worth: for the - gift comming in this sort from the Princes own hand, hath more efficacie and - grace, then a hundred times as much giuen him by an other repiningly, or - curtalled for the most part. The like censure is to be made of praise or - commendations, which the Prince delivers with his owne mouth to him that hath - deserued it, the which hath more effect then all the wealth that he can giue - him: and a reproch or blame is as a stabbe unto generous minds to force them to - do well. But it is impossible euer to see a - iust distribution of punishments and rewards, so long as Princes shall set to - sale dignities, honors, offices, and benefices, the which is the most dangerous - and pernitious plague in a Commonweale. All nations have prouided for it - byThe sale of offices and benefices most dangerous in a - Commonweale. good and wholesome lawes; and euen in this realme the - ordinance of S. Lewis notes them with infamie that have - used 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 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 - - - - officios de Alcaldia, ny AlquaZiladgo, ny regimiento, ny - veyntes quatria, ny fiel executoria, ny iuraderia. It is not needfull - to set down the inconueniences & miseries that a Commonweale is subiect - unto by the sale of offices, the labour were infinite being so well knowne to - all men. But it is more difficult in a popular State to perswade them that this - trafficke is good, then where as the richest men hold the Soueraignetie. it is - the onely meanes to exclude the poorer sort from offices, who in a popular - estate willSale of offices least used in a Popular - estate. have their parts without paying any money, and yet hardly - shall they obserue these prohibitions, when as the common people shall reape - some benefit by choosing of ambitious men. As for a Monarke, pouertie sometimes - forceth him to breake good lawes to supplie his wants, but after they have once - made a breach, it is impossible to repaire it. - It was forbidden by the law Petilia to go to fayers and assemblies, to sue for - the peoples favour & voyces. By the law Papiria no man might weare a white - gowne. The law Calphurnia declared him incapable for euer to beare any office - that had been condemned of ambition, vnlesse he had accused and conuicted an - other, and he that had caused his competitor to be condemned of ambition, he - obtained his office; afterwards punishment was made greater by the law Tullia, - published at the request of Cicero, whereby it was - decreed that a Senator condemned of ambition should be banished for ten yeares, - but it was not observed by the rich, who sent their broakers into the assemblie - of the States with great sommes of money to corrupt the people, so as Caesar fearing to have one ioyned with him in the - Consulship that might crosse his designes, he - offred his friend Luceius as much money as was needfull - to purchase the peoples voyces: whereof the Senat being aduertised, they - appointed a great somme of money for his competitor Marcus - Bibulus to buy the peoples suffrages, as Suetonius doth testifie. This was vpon the declining of the popular - estate, the which was ouerthrowneThe inconueniences which - grow by the sale of offices. by this meanes; for vndoubtedly they - which make sale of estates, offices, and benefices, they sell the most sacred - thing in the world which is Iustice, they sell the Commonweale, they sell the - bloud of the subiects, they sell the lawes, and taking away all the rewards of - honor, vertue, learning, pietie, and religion, they open the gates to thefts, - 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, 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 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 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 - the Parthians and the people of the north, leauing to his successor an Empire - florishing in armes and lawes. But his court was wisely ordred, excessiue - prodigalities were cut off, rewards were equallie destributed, & the - theeves of the publike treasure were seuerely punished. He was called Seuerus, by reason of his seueritie. He hated flatterers - as aThe disposition of the emperour Seuerus. plague - to all Princes, neither durst the horseleeches of the court come neere him. He - was very wise in all things, but especially in the discouering of mens humors, - and of a great iudgement in decerning of every mans merits; being reuerent with - a seuere kind of maiestie. We have shewed before, that - the softnes or simplicitie of a Prince is dangerous to an estate. After that the great king Francis the first became (through his old age) austere and not so - accessible, the flatterers and horseleeches of the court came notThe good husbandry of king Francis the first. neere him, - so as the treasure was so well husbanded, as after his death they found - seuenteene hundred thousand crownes in readie money, besides the quarter of - March which was readie to be receiued: and his realme full of learned men, - great Captaines, good Architects, and all sorts of handicrafts, and the - frontires of his estate extending euen unto the gates of Milan, being assured - by a firme firme peace with all Princes. And although that he had been - encountred with great and mightie enemies, and had been taken prisoner and - paied his ransome, yet did he build Cities, Townes, Castles, and stately - Pallaces: but the facilitie and too great bountie of his successor Henry the second brought - - The prodigality of king Henrie the second. the estate - indebted within little more than twelue yeares after, foure millions three - hundred fortie eight thousand three hundred nintie three pounds eighteene - shillings starling (as I learned out of the accounts) and the countries of - 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 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 - with all impunitie. That Prince then that will enioy a happie estate let him - refer the punishment of offences to the Magistrate, as it is expedient, and - reserue rewards unto himselfe, giuing by - little and little according to every ones merit, that the thanks may be the - more durable; and commaund punishments to be done at an instant, to the end - they may be the lesse grieuous to them that suffer them, and the feare deeper - grauen in the harts of others, terrifying them from their wicked and disordred - lives. These lawes of punishments and rewards being dulie observed in a - Commonweale, vertue shall be alwaies honorablie rewarded, the wicked shall be - banished, publick debts shall be paied, and the State shall flourish with all - aboundance. But for that the frauds of courtiers are so many, and such infinit - deuises to rob the treasurie, so as the wisest Princes may be circumuented, a - law was made by Philip of Valois, and - - In the yeare 1333. 11. May. verified in the court of - Parliament, and chamber of accompts, whereby it was enacted, That all gifts - giuen by the king should be void, if his letters pattents did not containe - whatsoeuer had been giuen to him or to any of his predecessors in former times - by the Princes bountie: which law although it were most profitable, yet was it - abrogated two yeares after by their meanes that were interessed, finding how - much it did preiudice them, so as it was enacted that it should bee sufficient - to have the derogatorie annexed to their pattents, as I have seene in the - auntient registers of the court: but that also was taken away, least any - remembrance of benefits should hinder the Princes bountie.

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There was another law made by Charles the 8. whereby all - gifts aboue ten pounds starling should be enrolled: but since they have used so - much fraud, as one in this realm was not - ashamed to bragge in a great assembly, That he had gotten (besides his offices) - 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 - strange a manner, as hee that hath mostIn what sort the - prince should giue. receiued, makes a shew to have had nothing. For - to giue so much to one man, although he deserue well, doth not onely waste the - treasure of the Commonweale, but also stirre vp the discontented to seditions - and rebellions. And one of the best meanes to preserue - an estate in her greatnesse, is to bestow gifts and rewards on many, to - continue euerie one in his dutie, and that - they may ballance one another. Also an aduised prince must giue sparingly to - the importunat, and offer to them that beg not, so as they bee of good desert, - for some can neuer aske, nor yet take it when it is offered them. As Antigonus king of Asia said, That he had two friends, - whereof the one could neuer be satisfied, & the other could neuer be forced - to take any thing. To such men Dionisius the elder, lord - of Siracusa, behaved himselfe wisely, For to vs (said Aristippus) which demaundA safe kind of - giuing. much he giues little, and to Plato who - craues nothing, he giues too much. This was a safe kind of giuing, retaining - both the money and the thankes. Yet princes have many other means to grace and - reward a seruant, than with mony, the which is lesse esteemed by men of honour, - than a good looke, an alliance, a marriage, or a gracious - remembrance. And sometimes the gift is such, - as it brings more profit to him that giues it, than to him that receiues it. - Charles the fift, emperour, being come into Spaine, - toAn excellent policie of the emperor Charles the - fift. requite the well deseruing of the duke of Calabria (who had - refused the crowne and kingdome of Spaine, which was offered unto him by the - estates) being then a prisoner, he freed him out of prison, and married him to - one of the richest princesses that was then liuing, widow to king Ferdinand: with the which deed the people receiued great - content, the duke great honour, wealth, and libertie, and the emperour the loue - of the duke, the loue of the people, and the assurance of his estate, without - any charge: And moreouer by this meanes hee kept the widow from marrying with - any forren prince: giuing to the duke a wife that was aged and barren, to the - end that the dukes line (which made a pretence - to the realme of Naples) should be extinct with him.

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It is a principal point which a prince ought to respect, That his bountie and - rewards be giuen with a cheerfull heart: for some are so vnpleasing, as they - neuer giue any thing without reproach, the which taketh away the grace of the - gift, especially if the gift be in stead of a reward or recompence. But they do - much worse, which giue one & the same office, or one confiscatton to many, - without aduertising either the one or the other: the which is no benefit, but - an iniurie. This is to cast the golden apple among subiectsIt is pernitios to giue one thing to many. - to ruine them. And oftentimes we see them consumed with suits, and murder one - another with the sword: whereby the prince shall not onely loose the fruits of - his bountie, but the loue of his subiects, and reape for thankes eternall - hatred. The which is a grosse errour in - matters of state, and yet vsuall among princes; not so much through - forgerfulnesse of that which is past, but of set purpose, being falsly - instructed from their youth, That they must be liberall and refuse no man, - thereby to win the hearts of all men: and yet the end is quite contrarie to - that which they have propounded, giuing one thing to many. And to refuse no - man, is not to be liberall nor wise, but prodigall and indiscreet. I would not - onely have the prince liberall, but bountifull, so as he proue not prodigall: - for from a prodigall he will grow to be an exactor, and of an exactor a tyrant: - and after that he hath giuen his owne, he must of force pull from others to - giue. The laws ofliberalitieThe law of libertie. - commaund, That he should obserue well to whome he giues, what hee giues, at - what time, in what place, and to what end, and his owne abilitie that giues. - But a soueraigne prince must withall remember, - that rewards must goe before gifts, and that he must first recompence them that - have well deserued, before he giue to such as have nothing deserued; and aboue - all, let him measure his bountie according to his abilitie. The Romans to - 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, 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 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 - auntient Romans was commendable, to nourish vpon the publike charge three - children borne at one birth, for a reward of the memoriall victorie obtained by - the three Horatij against the Curiatij. But Solons law, which would have - their children which had beene slaine in the warres for their countrey, - maintained by the publike, could not continue, although it were practised - throughout all Greece, as we read in Aristotle, for it - did quite waste and consume their treasure. - -

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If any one suppose, that the bountie and greatnesse of a prince shall not - appeare, if he giue to none but to such as shall deserue; I will yeeld unto - him. I know that bountie &Bountie will besits a great - prince magnificence is well befitting a great prince: neither must - wee thinke it strange if the prince aduance one of a poore and base condition - to honour and wealth, so as there be vertue and merit in him: else if the - prince shall raise an vnworthie person aboue good men, or equall him in ranke - with great personages, in doing good to the one hee shall wrong all the rest. - That worthy saying of Chilo is extant, one demanding of - him what God did, He casts downe the proud (aunswered he) from aboue, and - 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, 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, 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 - pleasant aunswere of pope Iulius the third. did you finde in me, to - make me pope? It is most certaine, that a vicious and vnworthy prince, will - alwayes have his friends and followers of his owne humor: as it appeares by the - emperour. Heliogabalus, who gaue the greatest offices, - and inriched the most detestable villaines in - all the empire: wherewith his subiects and guard being incensed, they slew that - monster of mankind, with his mother, and threw them into the common priuies. - But without any further search, we have seene the proofe before ourAduancements bestowed on the vnworthy incense the - subiects eyes, how disdainefully it hath bene taken to see the due - rewards of good subiects, and vertuous men, giuen to the vicious, to - straungers, and to the vnworthy, the which hath put the goodliest realme of - Europe in combustion. For wee find, that the gifts in the yeare 1572 amounted - to 270000 pounds starling: and the yeare following to 204400 pounds: and in the - yeare 1574 there was giuen 54700 pounds: and in the six moneths following they - gaue 95500 pounds starling, besides pensions which were not lesse than twentie - thousand pounds starling: and the greatest part of all this treasure grew by - 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 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 - to all men to accuse him, yet with the paine of death to him that did it - falsely, saying, That it was great shame to bee lesse carefull of the life and - conuersation of a gouernour, than the Christians were of the qualities of their - bishops and ministers, whome they examined with all rigour before they were - admitted. The which is much more expedient than the manner of examination which the Venetians, Genouois, Luquois, and - Florentines, do vse, after that the officer - hath left his charge. For a bad and corrupt magistrat growne rich with thefts, - will not sticke to corrupt a judge, to saue both his life and his goods - corruptly gotten. It is better therefore to preuent a disease, than to labour - to cure it, and better late than neuer, that the feare of this search might - keepe officers within the bounds of their dutie. But yet Solons law was farre better, by the which the life of the officer was - examined both before his admittance to the office, and after he had left it: as - we read in the - - . in or at. de fals legat. - & contr Timrchum. 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 - bee punished. And rewards are to be distributed to good men, according to - euerie mans merit: and by an harmoniacall - 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 - 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 - the most part giuen unto men of warre: Let vs now see if it be fit to exercise - the subiect in armes.

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- - - - CHAP. V. - - Whether it bee more convenient to trayne vp - the subiects in armes, and to fortifie their townes or not. - -

- - IT is one of the highest questions of State, and it - may be of the greatest difficultie to resolue, for the inconueniences that may - rise on either part, the which I will treat of as briefly as I may, setting - down what I hold most convenient, leauing notwithstanding the resolution to the - wise polititians. To follow the opinion of Aristotle - simply, and to maintaine that a citie ought to be well fortified, well situated - for the sending forth of an armie, and of hard - accesse for the enemie; were not to decide the difficulties which might be - obiected, whether it should have place in a Monarchie, as well as in a Popular - estate, or in a tyranie as in a monarchie; seeing that we have shewed before - that Commonweals contrarie one unto an other, or at the least very different, - must be gouerned by contrarie or very different maximes. Besides, for the well - training the subiect vp in armes, there is nothing more contrarie than to - fortifie their townes, for that the fortification of them make the inhabitants - effeminate and cowards: as Cleomenes king of Lacedemonia - doth witnes, who seeing the strong fortifications of a towne, he cryed out, O - goodly retreat for women. And for this cause Licurgus - the lawgiuer would neuer allowReasons against the fortifying - of townes. the city of Sparta to be fortified, fearing least the - subiects relying on the strength of their - walls should grow faintharted, knowing well that there was no such fortresse as - of men, who will alwaies fight for their goods, lives, and honors, for their - wiues, children, and countrie, so long as they have no hope in flight, or of - any retreat to saue themselves. These two things then are contrarie, to have - warlike citisens, and fortified cities: for valiant and warlike men have no - need of castles, and those which dwell in strong places desire no warre. So we - see the Tartarians in Scythia, and the Aethiopians and Arabians in Affrike, - which are held to bee most warlike: and yet they have no forts but tents, and - some villages without wall or ditch. And euen the great Negus or - - Preste-Ian, which is the greatest lord in all Affrike, - having (as they say) fiftie kings under - - Francis Aluere in the historie of - Aethiopia. him that doe him homage, hath no forts nor castles, but - 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 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 - townes. of the greatest captaines, who hold him that is maister of - the field, to bee maister of all the townes. It is well knowne, that after the - battell of Arbella in Chaldea, wheras Darius the last - king of Persia was defeated, that there was neither citie nor fort in all the - whole Persian empire, that held out one day against Alexander the Great, although there - were an infinit number, and the conqueror had but thirtie thousand men. After - that Paulus Aemilius had vanquished Perseus king of Macedon in battaile, there was not any one towne that - made resistance, but all the whole kingdome yeelded in a moment. After the - battell of Pharsalia, who forsooke not Pompey? all the - townes and strong places of the East, which before were shut against Caesar, did now open their gates unto him without any - difficultie. And without any further search, it is well knowne, that after the - victorie which king Lewes the twelft obtained against - the Venetians, he was presently maister of the townes. As in like case after - the battaile of Marignan, all Lombardie, and euen the castell of Milan, yeelded - unto king Francis; and - vpon his taking prisoner at Pauia, he lost all on the other side of the - Alpes.

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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 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 - comming with all the power of the church could not hold it, being hated to the - death, and the duke of Vrbin beloued and respected of his subiects; as it - proued true. for popeThe strongest fort is the loue of the - subiects. - - Alexander being dead, the duke of Vrbin was receiued - with great ioy of his subiects, and all other - princes that were feudatories to the church, were either taken or slaine in - their places of strength. And for the same cause the Geneuois, after the - battaile of Pauia being reuolted from the king of Fraunce, besieged their fort - called the Lanterne, and then rased it. As also the Milanois did the castle I - of, the which was built before the Sforces were lords of - Milan, to the end that forreine princes should bring them no more in subiection - by meanes of their fort. So the auntient Siracusians did Acradina, and the - Romans the cities of Corinth, Carthage, and Numance, the which they had neuer - rased, if the fort of Acrocorinth and other places, strong by nature and easie - to be fortified, had not forced them unto it, least the inhabitants should make - vse of them, as Philip the younger, king of Macedonie - had done, who called the cities of Corinth, - Chalcide, and Demetrias, the shackles and fetters of Greece. Which forts Titus Flaminius rased to the ground, to free them from - the seruitude of the Macedonians, and to take away all feare of tyrants. The - which is another strong reason to take all occasion from princes to tyrannize - ouer their subiects, as those doe which assure themselves by Cittadels, which - the people called Tyrants nests; and tyrants tearmed them a scourge for - villaines, in contempt and scorne of the poore subiects: as Grislerus lieurenant to the emperour in Swisserland did, who built a - fort in the vallie of Vri, and calling it Zwing Vri, - that is to say, the yoake of Vri, which was the first occasion that moued - theThe first cause of the Swissers reuolt. Cantons - of the Swissers to reuolt, as we read in their histories. And Salomon was the first that made a Citadell in - Ierusalem, beginning euen then to intreat his subiects ill, exacting new tributes of them, giuing occasion to his - successour to continue them, and for the ten tribes to reuolt, and to chuse - themselves a king: for commonly Citadels breed a ealousie and distrust betwixt the prince and his subiects, the which is the - nurce of all hatred, feare, and rebellion. And euen as castles and Citadels - giue bad princes occasion to afflict their subiects, so townes well walled and - fortified, do oftentimes cause subiects to rebell against their princes and - lords; as I have shewed elsewhere. And therfore the kings of England neuer - suffer their subiects to fortifie their houses, the which is more strictly - observed in Moscouie, to auoid the rebellion of subiects, who are easily moued - thereunto, trusting in their walles. And the inhabitants of Telesse in the - realme of Thunis, relied so much in the strength of their citie wals, as - 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 - 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 - the citie of Ierusalem, all which were reuolted for the trust they had in their - orts, eating euen their children through the - tediousnesse of sieges, and in the end have bene rased, and the inhabitants - rooted out: the which would have easily compounded, if the confidenceWeake townes compound soone to saue themselves. of their - strong places had not abused them. For commonly wee see, that weake townes and - 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, 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, havingPlaces of - strēgth make the inhabitants obstina. no - hope to escape, & seeing their houses on fire, they striue in ruining it, - to quench it with the blood of their fellow citisens. But there be no cities so - strong, that can long resist the canon, and much lesse famine: For if the - besieged be few in number, they shal be soone - wearie and tired: if there be many, they shall be the sooer stared.

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If then forts and citadels make a bad prince to tyrannize, an enemie to ceize - vpponThe inconueniences of forts and citadels. the - countrey, subiects to be cowards towards an enemie, rebels to their prince, and - seditious among themselves? we cannot say they be profitable, or necessarie; - but contrariwise hurtfull and pernitious to a Commonweale.

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As for the other question, Whether we should traine the subiects vp in armes, - and seeke warre rather than peace: It seemes we should not call that in doubt: - for we must esteeme that Commonweale most happie, whereas the king is obedient - to the lawes of God and nature, the magistrats unto the king, priuat men to the - Magistrats, the children to the parents, the seruants to the maisters, & - the subiects vnited together in loue, and all - ioyntly with their prince to enioy the sweetnesse of peace and true - tranquilitie of mind. But warre is contrarie to this which I have said, and - souldiours are sworne enemies to this kind of life. It is impossible for a - Commonweale to flourish in religion, iustice, charitie, integritie of life, and - in all the liberall sciences and mechanike artes, if the citisens enioy not a - firme and an assured peace. And who is more enemie to a peaceable man, than a - furious souldiour? to a mild countrey man, than a bloodie warrior? to a - philosopher, than a captaine? to the wise, than fooles? For the greatest - delight that souldiours take, is to forrage and spoyle the country, rob the - peasant, burne villages, besiege, batter, force and - 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 underoot 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 - - need examples in so manifest a matter? who can thinke of them without - horror? or heare them spoken of without sighing? Who knowes not the wounds of - the husbandman? who sees not their miseries? who heares not their complaints? - every mans field, catell, and corne, wherewith we - live and draw our breath, are in the power of soldiours, that is (as many do - interpet it) of robbers. If it be so, I see no - reason why wee should instruct citisens in this cruell and execrable kind of - life, or to arme them, but to - - The subiect is not to be trained vp in armes. repulfe - violence in time of extreame necessitie. For those which take small occasions - to make warre, are like unto flies, which cannot hold themselves vppon a smooth - polished glasse, but vp on rough places. And those which seeke warre to inrich - themselves with their neighbours spoyles, shall be in continuall torment, - leading a miserable life: for desire hath no bounds, although in show they - seeme to be contented with the desire of a kingdome: euen like unto a slaue, - who desires onely to be freed of his bands; being vnbound, he affecteth his - libertie; and being free, he demaunds to bee made a citisen; after that he - desires to be a magistrat; and being come to highest place of magistracie, he - affects to be a king; and being a king, hee will bee an absolute and sole - monarch; and in the end he will be worshipped as a God. How much more happy - then is a prince, or a small Commonweale - (although there be nothing little where there is content) enioying an assured - rest, and a peace without enemies, without warre, and without enuie. For the - bounds of a well ordered Commonweale are not limited by the sword, as Agesilaus boasted, but by iustice, as Pompey said to the king of the Parthians, when as he would have the - riuer of Euphrates to distinguish the bounds of the Roman and Parthian - empires.

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This have I briefly obiected against the fortifying of cities, & militarie - discipline: but many things may be said on the contrarie part, That townes - without wals lie openThe inconueniences not to have - fortresses. to the spoyle of theeves and robbers, and the lives and - liberties of the citisens, to the mercie of - their enemies. Moreouer a towne without walles seemes to be a bait to intice - any one that would inuade it, who else would have no desire, and lesse power, - if itA towne vnfortified, is a bait for an enemie. - were well fortified: like unto men that trauell vnarmed, they encourage theeves - to kill them, to have their spoiles. For it is manifest, that the sacke of - cities is a bait for souldidiours, and he will willingly be an enemie to them - that are weake, that durst not look of them being armed. Besides, the first, - and in a manner the onely occasion to gather men together into one societie and - communaltie, was for the tuition of every one inA communalty - cannot be in safetie without some defence. particular, and of all in - generall, and of their wiues, children, goods, and possessions, the which - cannot be in safetie without wals. For, to say, that men will make a wall - against the enemie, that may well be when as they must fight: but those which - must make defence, are not commonly the fourth part of the inhabitants, for - that there are alwayes more women than men, - besides children, old men, sicke men and impotent, who can have no recourse but - unto walles.

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It is a ridiculous thing to say, That men without walls will be more valiant: - if that were true, what need we any offensiue armes to affront the enemie, nay - rather it should be necessarie to command every man to fight naked, as Isadas did, being one of the goodliest and most valiant - gentlemen of Sparta, who seeing Epaminondas with an - armie of Thebans fighting with the Lacedemonians, and labouring to enter into - their citie, he stript himselfe naked, and with a pertuisan in one hand, and a - sword in the other, he chargeth the enemie desperatly, - whereas he did valiant exploits: for the which - - Isadas punished for his rashnesse, and rewarded for his - valour. the seigneurie gaue him a crowne, but he was condemned in a - 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; 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 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 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 - to hold a countrie if there be no walled townes, I yeeld unto it: but who shall - keepe him from the spoile of cities, from burning of houses, from murthering of - men, rauishing of women, and leading children into captiuitie, according to the - antient warres, that is, of the stronger? all histories are full of these - calamities. There is also as small reason to thinke that weakeWeake townes must eeld to the victors - will townes and without walls will compound with the enemie, and not - stand out; where as contrariwise an enemie - that shall see the entrie easie, will neuer allow of any reasonable - composition, which otherwise he would do, finding a difficultie to besiege and - to force a town well fortified. Moreouer who sees not but a small fort doth - oftentimesA strong fort is oftentimes the ruine of the - enemies armie. stay a great and mightie armie, whereof we have too - many examples: and many times those which do besiege are besieged with cold, - hunger, and diseases, and for one they kill within, there are a hundred slaine - without. Constantinople did indure the Turks siege eight yeares, vntill they - were relieued by Tamberlan emperour of the Tartars, who - defeated Baiazet king of the Turks with all his armie. - Euen so the king of Fez indued a siege seuen yeares - in the towne of Fauzara against the king of Marocco, whose armie in the end was - consumed with the plague in the yeare 1412. And the - - Leo of Affrike. towne of Mecna in Affrike held out - also seuen yeares, whereas the enemies died for the most part, and were forced - to depart with shame and losse. And in our age the citie of Metz (although it - were nothing so well fortified as it is at this day) did long resist the armie - of the emperour Charles the fift, and was a buckler unto - all France, which had been in great danger if the emperour had not found this - towne well fortified, from whence he was forced to depart, being both himselfe - and his armie besieged with hunger, cold, & many diseases. The citie of - Tyre held out-great Alexander seuen moneths, during - which time the king of Persia had good meanes to leauie forces, and to prouide - for his estate. And if walls made men faintharted and cowards, why did the - Romans fortifie their citie, being the most valiant people that euer were? And - it was auaileable for them to have good walls, - when as Marcius Coriolanus, the Tarquins, Hanniall, and others did besiege - them, and burnt euen unto their gates. And euen when as the Gaules had forced - and wholie burnt the citie, their estate had been vtterly ruined if they had - not retired into the Capitoll. The like had happened unto the Pope and - Cardinals after that the armie of Charles of Bourbon had - sackt Rome, if they had not fled into the castell S. Ange, where they were - besieged as long as the antient Romans were in the Capitoll. And every man - knowes that countries without forts are presently conquered vpon the first - battaile that is woon within the countrie, as we reade of England, which the Saxons conquered from the antient Brittains, who were - expelled, and their - - The realme of England thrice conquered. enemies tooke - possession. After the Saxons the Danes entred, who were lords of it for the - most part: then William the Conqueror by the meanes of - one only victorie became absolute lord, and tooke possession thereof. And - during the quarels betwixt the houses of Lancaster and Yorke, the realme was - 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 (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 - countries where there is any retreat: for which cause the Romans did neuer camp but they cast vp a trench about the armie of - 25 foot broad, and most commonlie with palissadoes; neither did they euer giue - battaile but they left a garrison within their camp, to make good the retreat - if their enemies were the stronger, the which hath relieued them in great - losses, as Paulus Aemilius did wisely discourse unto the - armie before that he gaue battaile unto the king of Macedon, saying, Maiores nostri castra munita portum ad omnes casus exercitus - ducebant esse, vnde ad pugnam exirent, quo iactati pugnae receptum haberent - & qui castris exutus erat, etiamsi pugnando acie vicisset, pro victo - habebatur: Our elders held a camp well fortified, a safe retreat for - all euents, from the which they went forth to fight, and retired if they - were beaten, and he that had lost his camp, - although he had ouercome in fighting, yet was he held as vanquished. The - experience of many ages, and of the antient Commonweales of the Persians, - 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 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 . can - they not long resist nor vanquish him which is much more stronger. These - reasons shall serue to prooue that it is necessarie to fortifie towns. We will - in like maner hold, that the citisens must be instructed in martiall - discipline, for that seeing by the lawes of - God and nature we may defend our lives from violence, and our goods from - spoyle, we must then conclude, That it is needful to accustome the subiects to - armes, not only defensiue, but also offensiue, to protect the good, and offend - the wicked. I call all those theeves and wicked which make warre vniustly, and - take away an other mans goods wrongfully, and euen as wee ought to punish and - take revenge on subiects that bee theeves and robbers, so must we of strangers - what royall title soeuer they carrie, this is grounded vpon the law of God and - nature. Neither is it true that Tully writ, That noThe cause makes the warre iust. warre was iust but for - the recouerie of ones owne; or, that was denounced before unto the enemie: for - the proclaiming of warre makes it not iust, but the cause must be necessarie: - there can be none then more iust than to defend the lives of innocents. There - are other priuate considerations besides - these: for the best meanes to maintaine an estate,War - against an enemie, entertaines the subiects in loue. and to preserue - it from rebellions, seditions, and civill warres, and to entertaine them in - loue, is to have an enemie against whom they may oppose themselves. This - appeares by the example of all Commonweales, and namely of the Romans, who - neuer could find a more safe and surer remedie against civill warres, than to - affront the subiects with an enemie: for being on a time at warre among - themselves, the enemie entred the - - Dion. Halicar. lib. 7. Liuis lib. 3. towne, and seazed vpon the - Capitoll, but suddenly they were reconciled, and expelled him: a while after - the Veientes seeing them returne to civill warres, they began to wast and - spoyle the Roman territories, but the Romans were soone agreed, discharging 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 - 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. - Empires and States mortall, which else would be immortall. In like case the - people of Spaine being reuolted from the emperour Charles the fift, forcing in a manner the duke of Calabria to accept - of the Crowne, being thus in armes one against an other, king Francis the first sent an armie which recouered Fontarabie and the - kingdome of Nauarre, but sodenly this civill warre was pacified among the - Spanyards, who with one common consent fell vpon the french, and recouered that - from them which they had conquered, else the - 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, 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 - resolved to let the french fight and ruine one another, and afterwards to - inuade the realme without any difficultie or resistance. But I will returne to - forraine examples, (and I would to God we had no domesticall presidents) to - shew that it is a hard thing and almost impossible, to maintaine subiects in - peace and loue, if they be not in war against some enemie. It is apparant in - all the histories of the Romans, who after - they had vanquished their enemies, presently fell to mutinie, for which cause - the Senat entertained warre, and deuised enemies when they had none, to keepe - them from civill warres, the which they continued vntill they had extended - 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 - 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 - visum est, ciuibus tamen exitiabile, nisi Pompeius vicerit, calamitosum - etiam si vicerit: It seemes, said he, to be a godly and necessarie - warre, yet fatall unto the citisens vnlesse - 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 - 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 - BishopsThe first occasion to ruine the Roman - empire. and ministers vnacquainted with matters of State) discharged - 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 under God, is in the protection of - - 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, - murtherers, idle persons, vagabonds, mutins, adulterers, and diceplayers, which - leade a wicked life, and corrupt the simplicitie of good subiects; neither can - lawes, magistrates, nor any punishment keepe them in awe. And euen it is - commonlie said that gibets are set vpA meane to purge the - Commonweale of vagabonds and idle persons. but for beggers, for that - statutes and ordinances in many places are like unto spiders webs, as Anacharsis said unto Solon, for - that none but weake flies are taken in them, and great - beasts breake easily through them. There is no better meanes then to purge the - Commonweale of this infectious filth, then - 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 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 - setled two kings in their estates, from the which they were expelled. Moreouer, - the militarie discipline of the Romans which should be common to all nations, - made a cowardThe martiall discipline of the Romans, was a - schoole of vertue. valiant, an intemperat man modest, a slothfull man - actiue, a prodigall man frugall, and a - licentious man continent: neither is it sufficient for a captaine or souldier - to know how to fight, but there are many other excellent arts which be - companions to this vertue, that is to say labor in busines, resolution in - dangers, temperance in desires, industrie in action, speed in execution, and - counsell in prouiding, these are necessarie for the arte of warre. The subiect - then being instructed in militarie discipline, is not infected with lust, - licentiousnes, impietie and sloth, but being wicked and impious, they inure - themselves to all kinds of vertue if they learne the precepts of the Roman - militarieThe praise of militarie discipline. - discipline and arte of commanding. Besides, there is nothing that containes the - people within the dutie of honor and vertue more then the feare of a warlike - enemie. The people of Rome (saith Polibius) were neuer - more vertuous, nor the subiects more obedient - unto the magistrates, nor the magistrates unto the lawes, then when as Pyrrhus - - 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, 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, 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 - contrarie, so hath he suffred warres and hatred among nations to punish one by - an other, and to keepe them all in feare, which is the only comptroller of - vertue, as Samuell in an oration which he made unto the - people said, That God had stirred them vp enemies, to keepe them in awe, try - them, and punish them. And that I may conclude briefly, if there be no respect - had of so manyWars allowed of God. commodities, yet - let vs have a care of the health and necessitie of the Commonweale, least it - grow wast and desolate through the spoiles and insolencie of the enemie, for - when as the enemies forces are neere, although there be no inuasion, yet the - flocks are forsaken, the tillage is abandoned, and all trafficke ceasseth; and - oftentimes the whole yeares fruits are lost at the tumor of any danger, or the - terror of warre. Who will then doubt but the - subiects should be trained vp in armes, in the which there is not only much - glorie and profit, but also the health of the citisens, the help of their - neighbors, the fortunes of the subiects, and the securitie of them all. By - these reasons it appeares, that they are much abused which thinke that the only - end of warre is peace. And if it were so, what better meanes were there to have - peace in despight of the enemie,The way to have a peace, is - to prepare for force then to let him know that you have meanes to - make warre? Neuer wise Prince nor good Captaine made a peace vnarmed, and as - Manlius Capitolinus said, Ostendite - modo bellum, pacem habebitis, videant vos paratos ad vim, ius - ipsiremittent: Shew them warre said he, and - you shall have peace, let them see you readie for force, and they will - do you right. These reasons are partly true - and partly probable, and may of either side dazle the eyes of the cleerest - sighted if they looke not neerely unto them. To the end we may resolue - something, let vs distinguish of Commonweales. I hold then that in aA resolution of the question. popular estate it is - necessarie to traine the subiects vp in armes, to auoid the abouenamed - inconueniences, unto the which a popular estate is by nature subiect; and if - the people be warlike and mutinous by nature, as the nations of the North be, - being trained vp to armes and martiall discipline, it shall be expedient to - affront them often with their enemies, and not to admit any peace but vpon good - termes, as a dangerous thingIn a Popular estate the subiects - must be trayned vp in armes. to a warlike nation. And a peace being - concluded, you must notwithstanding entertain your souldiers vpon the - frontiers, as the emperor Augustus did, although he had - changed the popular estate into a Monarchie: - or else send them to Princes that are in league, to be entertained in the art - of warre; as the Swissers have wisely done, being a people bred in the - mountaines apt to warre, and hardly maintained in peace, inioying a popular - libertie; and by this meanes they have alwayes had souldiers nourished and - entertained at another mans cost, besides their publike and priuat pensions - (which have been great, as I have formerly shewed) and the assurance of their - estate, by means of alliances contracted with so mightie a king. And as for - forts, it is not needfull in a popular estate to have their townes too well - fortified (except it be the chiefe citie,In a Popular estate - 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, 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, 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, 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, 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 - gouern commanders to win the common people to his will, and to - 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 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 - taught vs, which hath armed the head and the - extremities of all beasts, leauing the middest, the bowels, andTo fortifie the frontiers, is according to the law of - nature. the other parts vnarmed. But the Monarke is ill aduised that - doth inuiron a towne with mightie walls, if he doth not withall build a good - Cittadell, for that nothing doth more animate the subiects to reuolt, the which - they would not so easily attempt, seeing before their eyes Cittadels well - fortified. It is also necessarie as well in a Monarchie as in an Aristocritie, - that the gouernor of the towne depend not of the captaine of the Cittadell, nor - the captaine of the gouernor, neither that the captaine of the Cittadell be a - Prince, or a great man: the which is well observed in Turkie, according to the - rule of the antient Sultans of Egipt, as also our - kings do, but the Venetians more strictlie - then all others, for that they are forced to fortifie their townes, to defend - the subiects against their enemies, and fearing the rebellion of their - subiects, who have no share in the gouerment, they have strong Cittadels in - their townes, whither they doCitadels in townes of strength, - keepe the subiects from rebelling. every yeare send new Captaines - besides the Potestates or Gouernors, least that he should hold the Cittadell as - his inheritance. And those of Rhagouse (which have but one citie and a small - territorie) are forced to change their Captaine every day, who isDistrust of noble men in an Aristo craticall estate. - brought into the fort with his face couered. In like sort the Athenians changed - the Captaine of their fortresse every day, the which was one of the nine - Archontes, for the distrust they had that one of the subiects should make - himselfe lord. For the preuenting whereof, it shall be needfull to remoue - Cittadels from the capitall townes in a - popular estate, or an Aristocraticall estate, as the Venetians have done wisely - at Venice,Citadels not to be built in the chiefe citie of a - Popular estate, nor in a Seigneurie. to take all occasion from the - duke, and to free the gentlemen from suspition of any alteration in the state. - It was wisely prouided in England, Turkie, Muscouie, and in a manner by all the - kings of the East and of Affrike, that no subiect should fortifie his house in - the countrie, for if the maister of a priuate castell be a great man, he will - 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, 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 - may not easily grant it, for that it is sufficient to have a house able to - defend him from theeves, and thus much for fortifications. But the question is - not small, if in Aristocratia, the better sort only, which command, are to be - trained vp in armes, or all the people, or else wholie to banish the arte of - warre. If the common people do once become souldiers, it is to be feared they - will attempt to change the state, to have a part in the gouerment, if they be - not alwayes imployed against the enemies, as I have shewed before by many - examples; and if none but the better sort be armed, they shall be soone - defeated, and will cause a necessarie change of their estate: but if they will - quite banish the arte of warre out of their - Commonweale, they shall remaine a skorne and pray to all their neighbors, if - they be not strictly allied unto the strongest, or else if they have not townes - that be inaccessible and forts impregnable, as the Venetians, who fearingThe Venetians do not practise arm in - their Commonweale. the aboue named inconueniences, have banished the - arte of warre out of their Commonweale, as Cardinall Contarenus saith: the which is rather to be attributed to sloth, then - to any set or positiue law, for that within these two hundred yeares they were - verie warlike, and obtained great victories of the Geneuois, but pleasing - themselves with the continuall fruits of peace and ease, they have neglected - the practise of armes, imployingWhy the Venetians neglected - armes. strangers in their warres: neither can they indure any - gentleman of the seigneurie to be a commander, but if they know any Venetian - gentleman that aspires to the warres, and that - followes the courts of other Princes, by and by they call him home, desiring - rather to have an Almain a Bargamasco, or a stranger for their generall, if - they make warre by land, than one of their owne lords, and an armie of - 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 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 used - none but their own subiects and forces. Their - histories are full of conspiracies, seditions & ciuil wars, which they had - in the middest of - - 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 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 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 - Seigneurie of Venice may iustly tearme it selfe happie, which hath not onely - the seat of their empire by nature and art inexpugnable, but also have their - townes and fortresses vpon the continent so well fortified, as they neither - need to feare the inuasions of their enemies, - nor the rebellions of their subiects: caring little for any new conquests, or - to extend their bounds. We see the Venetians do flie from all occasionsThe Venetians desire peace with their losse. of warre, - as from the plague, and they neuer enter into it but by constraint, and seeke - for peace at what price soeuer, euen with the losse of their reuenewes; as we - may see in the treatie which they made with pope Iulio - the second, the emperor Maximilian, and the king of - Naples, in the yere 1508, their ambassadours being humbled at their feet, - yeelding to all which they demanded. As they did in like maner to Sultan Selim in the yeare 1570, abandoning the holy - 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, 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 - generous prince demands neither peace nor warre. of a peace betwixt - 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, 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 divided the realme betwixt them (as - - - Sleidan saith) if the pope had not forced the emperour - to make a peace: which the king would neither demaund, nor accept, but with - reasonable conditions. Although thatLewes the eleuenth - reproched by his subiects for demaunding of a - peace. - - Lewis the eleuenth demaunded it of Edward the fourth, king of England, as soone as he was entred into - Picardie, and bought it deerely, caring little that the earle of Lude and other - his favourites called him cowardly king. But his father Charles the seuenth did a stranger thing for to obtaine a peace of the - duke of Bourgongne, his vassall and naturall subiect; he sent the constable of - France, the chauncellor, a marshall of France, and many other great personages, - to treat a peace with him, who in open assembly, and in the name of the king - their maister, craued pardon of the duke, for the death of Iohn - - Charles the seuenth demaunds a peace basely of the duke of - Bourgongne. duke of Bourgongne, confessing openly, That the king had - done ill, being young, indiscreet, and ill - councelled; intreating the duke, that he would forget his discontent: the duke - said, That he did pardon the king for the honour of God, and compassion of the - people of Fraunce, and to obey the councell of the pope and other christian - princes that had intreated him. A slaue could not behave himselfe more humbly - and abiectly unto his maister, than the king did unto his subiect, to restore - the realme to his first beautie, and to exepll the English, as he did soone - after. The Romans would rather have lost their estate, than once to have dreamt - of it: For wee cannot find that at any time during seuen hundred yeares, that - they had warres with all nations, that they euer - demaunded peace but of the Gaules, who held them besieged in the - Capitol, after they had burnt their citie: - and of Coriolanus: But contrariwise being - vanquishedThe Romans neuer demanded a peace of any but - twice. by the power of king Perseus, they - would neuer accept of any peace of the victor, vnlesse he would submit himselfe - and his kingdome unto their mercie, although he offred to pay them tribute. And - when as king Pyrrhus (after that hee had obtained two - notable victories, and was maister almost of all Italie) sent his ambassadour - to Rome, to treat a peace vpon reasonable conditions: they were aunswered, That - the Romans would not treat of any peace, except that Pyrrhus did first depart out of Italie; and that they did contend with - him for their honours and dignities, not for their lives and fortunes. The king - receiuing this aunswere, said, That the Romans could not live in quiet,The Romans of an vndaunted resolution. neither - conquerors, nor conquered. This was the aunswere of a valiant people, who - knew their owne forces to be able to make - head against an enemie: the which would be very much vnbefitting a weake - prince, who must (like unto a wise pilot) strike sails, & yeeld unto the - tempest, that he may recouer a safe port, & not to make necessitie subiect - to ambition: as the Vauoide of Transiluania did, who said openly, That he had - rather bee slaue unto the Turke, than allied unto Ferdinand, and so afterwards it fell out. Wee have an example of the - great Knez of Moscouie, who seeing the Procope of Tartaria entred into his - countrey with eighteene legions, knowing well thatItis no - dishonor to submit in time of necessitie. he was vnable to make - resistance, he went to meet him vnarmed, and humbling himselfe before him, he - saued his people and his estate from an ineuitable ruine, yet holding his - countey 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 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 - neuer seeke for war nor peace, if necessitie (which is not subiect to the lawes - of honour nor force) doth not constraine him, neitherWhen a - prince should giue battaile. will he euer giue battaile, if there be - not more apparant profit in the victorie, than of losse if the enemies should - vanquish: as the emperour Augustus said, who for this - reason neuer gaue battaile but vpon necessitie. But it is not vnfitting a poore - pince, or a small - seigneurie, or for him that makes no profession of armes, to demaund peace in - his losse. As pope Iulio the third, who demaunded peace - of king Henrie the second, calling him before God, to - iudge of the wrong which hee had done him: The king graunted him a peace, and - said, That he would appeare before God; but hee doubted the pope would not shew - himselfe. Wherewith the pope, who was of a pleasant disposition (seeing the - letters which were signed by the king in the campe lying at Metz, in the yeare - 1552) was very glad, although in shew he seemed to bee grieued, saying, That it - was not the king that had indited those letters, but the capitall enemie of the - church. And as the greatnesse of courage and magnanimitie is the light of all - other vertues, and which doth aduance princes to the highest point of honour; - 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 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 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 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 - - Cyrus. These vertuous acts tooke from their enemies all - courage, to make any more warre against so valiant and magnanimious a people, - who could neither bee vanquishedThe Romans could neuer be - vanquished by honour, not by . by honour, nor - vanquished by treacherie: the which was more apparant after the battaile of - 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 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 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, 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 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 - answere of Scipio. no part of their courage when they were - vanquished, nor of their modestie, when they - did vanquish, demaunding no harder conditions after their victorie than before. - But the aduantag which the Romans had, was, that they - made warre in their enemies countrey, magazins of - souldiors in Italy, to supply their armies if they were defeated: or if they - conquered those countries where they made warre, they might add them to their - empire, & plant them with their owne colonies. A wise prince will neuer - attend an enemie in his own country, if he may stop his entrie, vnlesse he hath - another army ready, or a sure retrait into some places of strength, els he - hazards his whole estateA prince may not hazard his estate - vpon one victorie. vpon a victorie; as Antiochus, - Perseus, Iuba, and Ptolome the last king of - Aegypt did against the Romans: Darius against Alexander, and oftentimes the French against the English. - And for this cause Lewis the grosse understanding that - the emperour Henry - - came with a mightie power to make warre in - 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 Dens i Fraunce hath left in writing, and went as farre as the - Rhin vpon the territories of the empire, which was the onely cause that made - the emperour to lay aside armes, and to accept of what peace it pleased the - king. In like sort Philip Augustus aduertised that the - emperour Otho the second, the king of England, with the - potentats of the Low countries, came into his realme with a mightie armie, he - fortified his places, marched out of his frontiers, and defeated them in - battaile. And if king Francis the first, when as he lost - his armie before Pauia, and himselfe taken prisoner, had receiued such an - ouerthrow in the hart of Fraunce, this - realme had bene in great daunger; but chauncing in Italie, the conquerors - contented themselves with the victorie; and the subiects in the meane time had - leasure to rally their forces, and to fortifie their frontiers.

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Many 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 having the - reputation of a valiant and generousThe presence of the - prince is of great consequence to van an - enemie. prince, he doubles the courage and force of his armie, and so - much the more if he be beloued of his armie, and his presence works a - wonderfull effect, when he is seene of them all, and - euerie one seene of him, for oftentimes shame retaines a flying armie, seeing - the presence of their king, and fearing - least he should fall into some daunger, Vrget enim (vt ait - Maro) presentia Turni, The presence of Turnus - (as Maro saith) doth vrge them to fight. As it happened - to Caesar before Therouenne; and in Spaine, fighting for - his life against Pompeis children, where the battaile - 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 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 - confidence they had in his presence. Yet would I not that a soueraigne prince - or a Generall, should do the office of a priuat soldiour, putting his life rashly in daunger; as it is said of Pelopidas, Marcellus, Gaston de Foix duke of Nemours, and - many others, whose death hath drawne after it the hazard of the state.

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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 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, 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 five thousandIt is daungerous to fight with a - desprat army. French, and led away the - king captiue. Gaston of Foix committed the like errour, - 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 - more famous than that of Caesar, whose armie was in - despaire through famine &Necessitie of an inuincible - 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, 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 - stand against armed men, equall in vertue, but in necessitie you exceed them. - And another captaine of the Samnites said, Iustum est bellum - quibus necessarium, & pia arma quibus nulla nisi in armis relinquitur - spes, That war is iust to whome it is necessarie, and those armes - religious to them that have no hope but in armes. And therefore Fabius - - - - Maximus (the last of that familie) endured all the - 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 having - hazarded a battaile against Scipio, who went to besiege - Carhage, to draw the enemie out of Italie, lost - both his armie and the estate. It is no good consequence to say, that the - Romans fought three battails with Pyrrhus, and as many - 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 five: neither was it lawful for - any man to demaund an office or - - Plut. in Gracchis. benefice, that had not carried - armes ten yeares. And at one time there were two thousand citisens excluded - from the Bourgeship, for that they had bene foure yeares together absent from - 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 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 - Romans sought occasion of warre. done unto their confederats: and - sometimes defending them against their enemies, - graunting triumphes, honourahle estates, and great rewards to valiant - captaines. The which was wisely ordained by the Senat, as an healthfull remedie - against civill warres; the which Bebius the Tribune of - the people did obiect unto the Fathers, That warre was sowne vpon warre, that - the people might neuer be at quiet: and therefore there was no distinction - betwixt militarie charges and offices of iustice: So as one and the selfe same - citisen, might be a valiant Captaine, a wise Senator, a good Iudge, and a great - Orator: as it is said of Cato the Censor, who was well - skilled in tillage, as it appeareth by his bookes, yet was he not ashamed to - leaue his armes to goe to the plough; or to leaue the plough to plead, - sometimes to be a Iudge, to sacrifice, or to play the Oratour before the people - or Senat. And Caesar was high Priest, and in Tullies opinion a most - excellent Orator, and the best captaine of his age. There were many not onely - in Italie, but also in Greece, that excelled in the art of warre and policie. - We read in Iulius Pollux, That the Athenians were bound - to go to warre at foureteene yeares, and continued vntill threescore. Therefore - Aristides, Pericles, Phocion, Leosthenes, Demetrius - the Phalerian, Alcibiades, Themistocles, and infinit - other Grecians, were like unto thePlut. in Phocione - auntient Romans, and did excell in the art of warre and policie. But the wisest - polititians did seperat the art of warre from other vocations. In the - Commonweale of Creet euerie man was not allowed to carrie armes, but certaine - speciall persons: nor inPlut. in Licurg. old times in - Fraunce, whereas the horsemen had this charge, and the Druides were exempt. In - Aegypt none but the Calasires were men of warre: the which Licurgus - - - - 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 - Romans. And truely in this short course of our life, there are few that doe - excell in politike arts, but in both not any. It seemes that Augustus did first take from Senators, Proconsuls, and Gouernours of - Prouinces, the power to weare armes: so as in succession of time they called - offices without armes dignities; as wee - - Dion. lib. 53 read in Cassiodorus, Quamuis inquit, omnia dignitatum officia manu secludantur - armata, - - - - In forma Comitiue, Written to the Gouernour of a - Prouince. - - & ciuilibus vestibus induti videantur, qui districtionem - publicam docentur operari: tua tamen dignitas à terroribus eruatur, quae - gladio bellico rebus etiam pacatis accingitur: arma - - - - ista iuris sunt, non furoris, Although (saith hee) that - all offices of dignitie bee excluded from armed hands, and that they seeme to - bee attired with civill garments, that are taught to labour in the difficulties - of the Commonweale: yet the dignitie seemes to be pluckt from terrours, the - which is guirt with a warlike sword, euen in the quietest times: these be the - armes of Iustice, not of Furie. And consequently all nations by degrees, have - separated souldiours from schollers and men of justice, beeing a difficult - thing to excell in one art, but impossible in all; nor worthily to exercise - many victories. Moreouer it was a thing almost impossible, to traine all the - subiects of a Commonweale vp to armes, and to - maintaine them in the obedience of the laws and magistrats. This was haply the cause which made king Francis the first, to cast the seuen legions of foot, which he had - erected within this realme, in the yeare 1534, every legion containing six - thousand foot. And although that his sonne Henry did - renew them twentie yeares after, yet was he forced to alter his opinion, seeing - the Commonweale troubled, and mutinies growne in many places, by meanes of - those legions. And yet in the opinion of straungers, and of those that have - iudicially examined the goodly ordinances that were made to that end, there was - neuer any thing better instituted for the art ofThe - entertainment of legions, very necessarie in a state. warre, the - which is as necessarie in this realme, as in any part of the world, being - enuironed with warlike and mightie nations, which make a common practise to - spoyle: like to a countrey of conquest. Yea if they had entertained but foure - legions of foot, besides the troopes of horse, - 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 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 - the men at armes of Fraunce, in the yeare 1560, came but to 235300 pounds - starling, as well the old bands, as the men at armes. And Augustus entertained fortie - legions of horse aud foot, besides his and the citieAugustus - kept fortie legions continually in pay. guards, and two nauies for - the defence of both seas, keeping the empire safe from forren and civill - warres, and all for twelue hundred thousand pounds starling a yeare, with an - excellent description of all orders: the which other princes should propound - unto themselves, to imitat such as Orosius, Dion, - Tranquillus, & other writers have described it in their monuments: - and yet was it not lawfull for the Roman souldiours (notwithstanding their - small entertainment) to rob and spoyle: as we see at this day. This was the - meanes to maintaine martiall discipline, to defend the rights of citisens, and - allies, and to repell the enemie: Else if you be prest with warre, you shall be - forced not only to abandon your neighbours, but also your countrey: or else in - this extremitie you must vse vntrained - souldiours, who become captaines before they were euer souldiours:The inconueniences, not to have trained bands. or else - forced with necessitie you must beg and buy forren succours at a deere rate. I - doe not thinke that forren succours are to bee reiected, as many suppose: for - there is no great empire can be angmented▪ without the succours of confederats, - neither can they long resist the violence of an enemie: but I allow of those - succours which come from allies, that are vnited together in an offensiue and - defensiue league, as the Cantons of the Swissers be: or at the least in a - defensiue league, as they bee with the house of Fraunce. For by this meanes - they are not onely the more strengthned, butIt is good to - have mightie friends and allies in an equall league. they also take - from the enemie those succours which he might draw from them, and the occasion - from all men to make warre against either of them, vnlesse hee meane to - be a professed enemie unto them both. But I - desire that the confederats should be tied by a mutuall bond, and altogether - equall, to auoid the reproaches, quarrels, and inconueniences that grow of - inequalitie. Those leagues and treaties be vnequall, when as one is bound to - pay the diets or assemblies of their allies, although they did raise but one - companie of souldiours, and notwithstanding bee tied to pay them a continuall - pension, besides their entertainment in the time of warre, and succours of - horse and foot at need without pension or pay. These treaties did our kings of - Fraunce make with the Cantons of the Swissers, least other princes should draw - them to their succours. It is also necessarie in an offensiue and defensiue - 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 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 - treaties. allies had no pension nor entertainement from the Romans, - nor any part of their conquests which were made in common, nor in dignities and - offices, except some townes of the Latins; which was the cause of the sociall - or confederats warre in Italie against the Romans, who were reduced to that - 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 undertake any warre - but one without the forces of their allies, whereupon most of them fell off - unto the Lacedemonians when occasion was offred.

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It may also be doubted whether it be fit to have many allies, or mercinarie - 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, 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 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 - force, and will make himselfe an absolute lord vpon the least occasion, if he - have any desire, the which neuer wants in ambitious minds. And if allies and - confederates be to be feared in an others countrie when they are the stronger, - what assurance can we have of strange forces, which have no offensiue - - - Forren force being the stronger, - make themselves maister ouer them that call them - to their succours. nor defensiue league with vs? there is no doubt, - but in danger they will be more carefull of their owne lives than of an other - mans, and will attribute unto themselves the profit and honor of the victorie, - 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; 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 - being called by the Caliph and the inhabitants of Caire to expell the - Christians out of Soria, after the victorie he sew - the Caliph; and made himselfe absolute lord▪ - and least that they of the countrie should attempt any thing against him, he - alwayes imployed Tartarians and Circassians (that were Slaves) in the warre, - 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, 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 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 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 - agree vpon a soueraigne prince, it is better to have a prince from a farre - countrie than a neighbour. And for this cause the Aetolians made Antiochus king of Asia their Generall for a yeare, the - Tarentines king Pyrrhus, the Polonians Henry Duke of Aniou; Leo king of Armenia one of - the children of Andrew king of Hongarie, to giue him his - daughter and his estate: else it is to be feared that a neighbour prince chosen - Generall but for a yeare, will make himselfe perpetuall, or if he be - perpetuall, will grow hereditarie, taking from the subiects their right of - election: or if the estate be giuen to one that is a king and to his heires, it - is to be doubted he will make it a tributarie - prouince to free his owne countrie from taxes and impositions, which happilie - was the cause why they did not choose the Emperours eldest sonne king of Polonia, for it is not to be expected that he will euer - beare that affection to strangers that he doth unto his owne, but will easily▪ - abandon an others estate at need, to defend his owne. ToThe - 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, 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 - horse and armes whensoeuer occasion of warre - required: which lands neuer go unto their heires, but are bestowed by the - princes free gift vpon the most valiant souldiers, with a clause not to - alienate them, that souldiers might not rob and steale as now they do with all - impunitie. And vntill that these lands in fee may be disposed according to - their first institution, it shall be fit to erect some legions of foote and - horse according to the estate and greatnes of every Commonweale, that they may - be bred vp in martiall discipline from their youth in garrisons vpon the - frontires in time of peace, as the antient Romans did, who knew not what it was - to live at discretion, and much lesse to rob, spoile, and murther, as they do - at this day, but their camp was a schoole of honor, sobrietie, chastitie, - iustice, and all other vertues, in the which no man might revenge his owne - iniuries, nor vse any violence. And to the - end this discipline may be observed, as they do at this day in the Turks armie, - it is necessarie that good Captaines and souldiers be recompenced, especially - when they grow aged, with some exemptions, priuiledges, impunities, and - rewards, after the manner of the Romans. And although the third part of the - reuenues be imployed about the entertainement of souldiers, it were not too - much: for thereby you should be assured of men at need to defend the state, - especially if it be enuied and enuironed about with warlike nations, as those - people be that are scituate in the temperate and fertile regions of France, - Italie, Hongarie, Greece, Asia the lesse, Soria, Egipt, Persia, and the ilands - lying in the Mediterranean sea: for the nations lying - vpon the extremities of hot and cold, as the Ethiopians, Numidians, - Negros, - - 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, 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 - that they cannot be kept in peace. And to the end the state may not be brought - in danger by any treacherous and faithlesse allies, or that strangers suck not - the bloud of the subiects growing warlike at an others charge, being readie to - inuade the estate, let all offensiue and defensiue leagues and alliances be - equall, receiuing as great succours at neede as they shall be bound to giue; - and yet the succours of the confederate must not be such as they may force or - 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, 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 - warre. bred vp in the shadow, whom all antient and wise Captaines - have held vnfit for warre, whatsoeuer Sir Thomas Moore - saith in his Commonweale. Seeing that wee have discoursed of men of warre, of - forts and of succors that are drawne from them that are in league, let vs now - speake of the suretie of treaties and leagues betwixt Princes and - Commonweales. - -

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- - - - CHAP. VI. Of the suertie of alliances and treaties - betwixt Princes and Commonweales, and of the lawes of armes. - -

- - THis treatie depends of the former, the which ought - not to be omitted, seeing that neither lawyer nor polititian hath euer handled - it: and yet there is nothing in all affaires of state that doth more trouble - Princes and Commonweales, then to assure the treaties which they make one with an other, be it betwixt friends or - enemies, with those that be newters, or with subiects. Some assure themselves - vpon their simple faith mutuallie giuen, others demaund hostages, and many - require some places of strength: some there are which rest not satisfied if - they disarme not the vanquished for their better assurance, but that which hath - been held the strongest assurance, is, when it is confirmed by alliance and - neerenes of bloud. And euen as there is a difference betwixt friends and - enemies, the conquerours and the conquered, those that are equall in power and - the weake, the prince and the subiect, so in like sort their treaties must be - diuers, and their assurances diuers. But this maxime holds generall and - vndoubted, that in all kinds of treaties there is no greater assurance then - that the clauses and conditions inserted in - the treaties be fit and sortable for the parties, and agreeing with the subiect - that is treated of. There was neuer any thing more true then the aduicePlantius Consul, - - pud li. 8 of - that Consull which said in open Senat, Neminem populum - diutiùs ea conditione esse posse, cuius eum poeniteat, No people can - continue long in that estate whereof they are wearie. The question was touching - the Priuernates whom the Romans had vanquished, for that they had broken the - league, they demanded of their Ambassador what punishment they had deserued? - The paines, answered he, of such as should live in libertie. Then the Consull - replied, If we pardon you, shall we be assured of a peace? the Ambassador answered, Si bonam dederitis, - & fidam & perpetuam, sin malam haud - - - - diuturnam: If you giue vs a good peace, you shall have - it kept faithfullie and perpetually; if a bad one, it shall be soone broken. - The yonger Senators found these answers too proud and haughtie, but the wiser - sort said▪ That this people which contended only for their libertie deserued to - be made citisens of Rome, else they would neuer be good subiects, nor trustie - friends: and according to this aduice the decree of the Senat did passe in - force of a priuiledge, and was confirmed by the people; and yet had they - yeelded themselves to the mercie of the Romans, as all the other cities of the - Latins their allies had done, who had conspired against the Romains. The - assurance which the antient Romans tooke of those whom they would make ubiect - after they had vanquished them, was to seaze vpon all their places of strength, - to put in garrisons, to receiue hostages, and - to disarme the vanquished. Mos autem, inquit Liuius, Romanis - vetustus erat, cum quo nec foedere nec aequis legibus iungeretur , non prius Imperio in eum tanquam pacatum vti, quam - omnia diuina humanaque dedidsset, obsides accepti - arma adempta, praesidia vrbibus imposita forent: It was an antient - custome among the Romans towards those with whom they had not ioyned in league, - nor contracted friendship vpon equall earmes; neuer - to gouerne them peaceably, vntill they had yeelded vp all, delivered hostages, - disarmed them, and put garrisons into their townes. For we may not thinke euer - to keepe that people in subiection which hath alwayes livedA - free people i neuer kept in subiction, vnlesse they 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 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 - garrison into their fort called the Lanterne; yet he suffered them to live - after their owne lawes and with their old magistrates, takingA Popular estat must either be wholly subiected, - or set at free libertie. only from them the stamp of their coine. It - had been farre better either to have made them good subiects, or to have - restored them to their perfect libertie: for king Lewis - the 11 to whom they had giuen themselves, made answere, That he gaue them unto - the diuell▪ refusing to receiue a yearely pension for the protection of such - disoyall allies, - who had reuolted from king 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, - they desired nothing more than to be freed from their protection, the which the - Earle willinglie granted, chusing rather to have faithfull fellowes, than - 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 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 ade them faithfull and free confederats, - being tied together by an equall league; or - els have made them subiects, and so have taken from them the gouernment of - their estate.

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But some one will say, that it is a breach of faith to infringe the treaties, - and to change the protection into a soueraignetie. I answere, that it is and - alwayes shall be lawfull for the Patron to make himselfe absolute lord, if the - client be disloyall. We read that Augustus made those - 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 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 - the Turke to receiue their yong king and the realme into his protection, - fearing least Ferdinand should make himselfe lord - thereof, pretending the realme to belong unto him by vertue of certaine - treaties made betwixt the house of Austria, and the kings of Hongarie; but - those treaties had no sure ground, for the - realme being electiue, the king could not take this prerogatiue from the people - without their consent: and if the house of Austria lying so neere and being so - famous for their glorious deeds, had made offer of any one of their princes to - have bin chosen, they had caried it without any difficultie; but the estates - had rather make choise of Mathew Coruin for their king, - than to lose the right of election: and although that the new king and the - 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 - under the TurksHungary mad subiect - 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 - money, which the Emperour tearmes a Pension, & the Turke a Tribute, vanting - that the Emperor is his Tributarie. But there is a great difference betwixt a - pensionar and a tributarie, for tribute is paied by the subiect, or by him who - to inioy his libertie paies that which is promised unto him which hath forced - him thereunto. A pension is voluntarily giuen by him that is in - protection,The difference betwixt tribute and - pension. or by him that is equall in a treatie of alliance to have - peace, and to withhold the pensionar from ioyning with his enemies, or to have - succours when he shall require them; as in the treaties of equall league - betwixt the kings of France, and the Cantons of the Swissers, vpon that - condition that our kings might at their pleasures leauie an armieWhy the king of France gaue pension unto the Swissers. - of Swissers for the defence of this realme, and should likewise help them - against the incursions of their enemies: and - for that it was needfull to make many leuies of Swissers for the guard of this - crowne: fearing also least the enemies thereof should draw them from the - societie of the French, our kings have willingly graunted a thousand crownes - yearely pension to every Canton, notwithstanding that king Francis the first, three yeares before the treatie, had gotten of the - Swissers at Marignan one of the goodlyest victories that euer Prince obtayned. - And although we have sayd, That protection rightlie was that, when as one takes - the defence of an other freely without any reward, for that the mightie are - bound to defend the weake against the iniuries of their enemies: yet for the - assurance of treaties and protections, they vseThe mighty - are bound to defend the weake. to receiue a pension from him that - puts himselfe into protection, to the end that - the Protector beeing bound not onely by his oath, but also in receiuing a - pension, should bee more readie to succour his adherent a need. This was held - by the Antients, against the honor and maiestie of the Empire: but since that, - they have confounded honestie with profit, they have begun to make marchandise - of protection; whereof Saluian of Marseilles doth - greatlie complayne, saying, That the weake putting themselves in the protection - of the mightie, giue all they have to be protected. It is well knowne that they - of Luques, Parma, Sienna, and manie others, pay great pensions to be protected: - And oftentimes a pension is payed to the protector, - not so much to warrant him from his enemies, as from the protector himselfe: as it happened after the battaile of Pauia, - all the potentates of Italie turned their vowes to the Spanyard, and to free - 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, 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 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 - thing against his honour and person: as it happened in the yeare 1563, in the - Moneth of March, when as the Inquisition at Rome sent out a CitationBy the commandement of pope Pius the fift. against the - queene of Nauarre, to appeare personally at Rome within six moneths, and not by - any procurator, vpon paine of confiscation of all her goods, estates, and - seigneuries. King Charles the ninth tooke her into his - protection, saying, That she was neerely allied unto him in blood, that she was - a widow, and tied to the house of Fraunce, a - vassall and subiect unto the king; and that by treaties of popes, and generall - councels she might not be drawne out of the realm for what cause soeuer: seeing - that pope Clement the seuenth sent two cardinals into - England, to heare king Henrie the eight, touching the - 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 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 - the earle of Vermandois to be censured by the pope: intreating the pope - moreouer, to reuoke his sentences giuen as well by himselfe, as by his deputies: else he should not hold it strange if - hee used the meanes which had bene accustomed in like cases.

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But it falls out oft, that those which are receiued into protection, after the - daunger is past, make warre against their protectour: We have many examples, - and without further search, in our memorie we have seene many princes of - Germany cast themselvesThe Duke of Saxonie. into the - protection of king Henrie the second, to be freed from - the captiuitie and slaueryThe Lantgraue of Hesse. - which did threaten them: the king receiued them into protection, and in stead - ofThe Marquesse of Brandebourg. taking any - pension, he gaue them two hundred thousand crownes towards their wars, and - leuied an armie of threescore thousand men at his owne charge for the libertie - of the empire. And although by the 34 article of the treatie of Protection, it - was concluded, That the confederat princes - should suffer the king to seize vpon the imperiall townes, speaking French, yet - the emperour was no sooner chased away, & the empire restored to her former - beautie, by meanes of the French, but the chiefe of the confederats and - adherents, forsooke the kings protection: and which is more, tooke armes - against their protectour. And at an imperiall diet, held in the yere 1565, it - was decreed, To send an ambassage into Fraunce, to demaund those three - imperiall townes which are in the protection of France, Thoul, Verdun, and - Metz, although that Verdun hath for these hundred and sixtie yeares bene in the - protection of Fraunce, paying thirtie pound starling onely for a yearely - pension. But this imperiall decree tooke no effect, - and the king was aduertised by letters of the first of December 1559, from a - pensioner of his, That the estates of the - empire would be wel pleased, to have the king hold those townes of the empire, - doing homage for them: which shewed, that he held not theseThose which are in protection have need of greater securiti 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 under a - colour of patronage they loose their liberties.

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Some one may obiect, That it is an absurd thing to demaund securitie of the - protector, seeing that the client puts himselfe in his protection: and by an - auntient decree of the court of parliament, the vassal demaunding securitie - against his lord, was reiected. But the deceit and treacherie of man hath so - farre extended, as the wisest have held it - necessarie to succor the vassall against the violence of his patron, whom the - soueraigne prince shall take into his safegard, if there be iust cause: with - greater reason the client is to seeke all the securitie that may be from the - protector. The first assurance dependsThe assurance of the - league of protection. vpon reasonable conditions annexed unto the - treatie: the second of the letters of protection, which the protector must - deliver unto the clients, to testifie, That all the rights of soueraigntie and - maiestie remaine absolute unto the client: and this is to be done in - Monarchies, at the comming of a new prince: for the protection is dissolued by - the death of the client, as well as of the patron: neither is the succession - tied unto the protection. And therefore the inhabitants of Mets, after the - death of Henry the second, demaunded to have new letters - of protection from Charles his sonne: not for that they - should be more safe from their enemies, but - to shew that they were not in subiection, the which is generall in all treaties - made betwixt princes, and it hath beene alwayes observed, to renew leagues and - alliances, which else should be dissolued y death. So - Perseus king of Macedon, after the death of his - father, sent an ambassage to the Senat of Rome, to renew the league they had - with his father, and to the end he might be called king by the Senat. But when - as the Senat offered to renew the same conditions of the league which they had - with Philip his father, Perseus - 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 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 - should not put him to death, he kept his faith; but he being dead, his sonne - Henry the eight caused his head to bee cut off, - saying, That he was not tied unto the treatie which his father had made.

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But for that protections are more daungerous for the adherents or clients, than - all other treaties, it is needfull to have greater securitie: for oft times wee - see, that for want of securitie the protection is chaunged into a seigneurie. - 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 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 - practises of some citisens that were executed. Since the first impression of - these books, a Printer of Geneua put them suddenly to the presse, making an - aduertisement in the beginning, wherein hee doth controll some places: but he - deserues to be punished by the Seigneurie: First, for that hee hath attempted - against another mans workes, who hath spoken as honourably of Geneua, as of any - Commonweale whatsoeuer. Secondly, for that he hath infringed the ordinances of the Seigneurie of Geneua, published the fift of - Iune, 1559: whereby it is expresly defended, - To make any inuectiue against such authors as are set forth. For if the author - deserued any reproachfull words from the Printer, he should not have printed - them, and much lesse set them to sale. But as for his reprehensions all men of - iudgement have esteemed them as they deserue. And heretofore this good Printer - hath bene aunswered, who maintaines, That it is lawfull for the subiect to kil - his prince, kindling by this meanes the fire of sedition and rebellion in all - places. And whereas hee saith, That Geneua hath not bene in the protection of - Berne, the author refers himselfe unto the treatie that was made in the yeare - 1536. But the fault growes, for that they knew not what protection was, which - our auntient treaties call Auouoison, and in Latine Aduocatio. The like may be said of Rotuille, and of - Mulhouse, which are allied with the Cantons of - 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, (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, 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 - of parliament, for the lady of Raiz against the duke of Brittaine: in like sort - the client is exempt from the power of the - - The client is freed from the protection, if the protector - make any brach. protector, if he doth - infringe and breake the lawes of protection. But the chiefest caution and - assurance, is, when as the protector is not ceised of the places of strength, - nor hath not any garrisons in his clients townes. There is nothing more true, - than what was spoken by Brutus the Tribune of the - people, unto the nobilitie of Rome, That there was one onely assurance for the - weake against the mightie, which was, That if the mightie would, they could not - hurt them: for that ambitious men that have power ouer another, neuer want - will. And therefore it was wisely prouided by the Scots, when as they came into - the protection of the English, made in the yeare 1559, That the queene of - 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 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 - made themselves soueraigne lords. The which Demosthenes - had well and wisely foreseene, when as one commended unto him the mildnesse and - courtesie of Antipater: hee aunswered, Wee desire no - lord and maister, how mild and gratious soeuer: and him did Antipater pursue euen into Italie, and slue him. But the Athenians - were circumuented by the same fraud as they had done their associats: For the - Persians being expelled out of Greece, all the cities of Greece made an equall - league, for the defence of their estates and liberties, concluding, That they should have one common treasurie in Apolloes temple, whither all the associats should yearely - bring their money, that an account might bee giuen of the receits and expences - by a common consent. Euerie citie sent ambassadours for the swearing of their - league: Aristides surnamed the Iust, came for the - Athenians, who after solemne sacrifice, did cast peeces of burning yron into - the sea, calling heauen and earth, and all their gods, to witnesse, and saying, - As this fire is quencht in the water, so let them suddenly perish, that shall - breake their faith. But the Athenians seeing theThe league - broken by the raud of the Athenians common - treasure great, fortified their citie ports, & passages therewith, and made - 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 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 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 - was farre more mightie, and held in a manner all their other allies in - subiection; as we read in Plutarch. We see that the - Latines fell almost into the like difficultie, - after that they had made an equall league with the Romans, against whom they - 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, 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 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, used the like complaints to - Appius the Consull, after that the Acheans had - treated an equall league with the Romans, Foedus Romanorum - cum Acheis specie quidem aequum esse: re precariam libertatem, pud Romanos etiam imperium esse, The league - 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 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 - - - The cause of the sociall warre. all their warres they - had two of their allies for one Roman, and by that meanes conquered the - greatest empire that euer was, and yet their associats had no part of the - conquest, but some pillage, after that the Romans had taken what they pleased: - which - - - - . 56. was the cause of the confederats - warre in Italie, the which had no end, vntill that the allies were made - citisens of Rome, to have part of honours and offices. And yet what equall - league soeuer the Romans made, they were still the stronger, & held their - allies as it were in subiection. How imperiously the Romans behaved themselves - towards their confederats, the speech of the Consull Appius unto the Generall of the Acheans, contending for the libertie - of the Lacedemonians, is a sufficient testimonie, saying, Dum - liceret voluntate sua facere gratiam inirent, ne mox inuiti & coacti - facerent, Whilest they might do it of - their owne free will, they should deserue thankes; else they should be soone - forced thereunto against their wills. And in the treatie made with the - Aetolians (to whome they would not graunt any peace, vnlesse they submitted - themselves wholly unto their mercie) there are these words, Imperium maiestatemque populi Romanorm gens - Aetolorum conseruato sine dolo malo; hostes eosdem habeto quos populus - Romanus, armaque in eos ferto: & bellum pariter gerito, obsides arbitrio - Consulis 40, & talenta - dato, You Aetolians shall maintaine the empire and maiestie of the - people o Rome, without any fraud or guile, their - enemies shall be yours, you shall carry arms, and make - 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; 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 - Aetolians was vnequall, and that the one did respect the maiestie of the other - with all honour. And although the Romans gaue lawes unto the Aetolians, yet - they did enioy their estate and soueraigntie: as they did in all Greece, which - they freed from the power of the kings of Macedon. And after that they had - vanquished and taken Perseus king of Macedon, they freed - all the people, and discharged them of the moitie of their imposts, suffering - them to gouerne their owne estates: and for - their better assurance, they commaunded vpon paine of death, That all - Gouernours, Captaines, Lieutenants, Presidents, Councellours of state, - 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 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 - treasurie of Rome. And so the people of Macedonie - - 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 used the like - 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 - which had bene held in slauish subiection, and to make tyrants to tremble, or - at the least to force soueraigne kings and princes to gouerne their subiects - iustly, seeing that the prize and reward of the Romans victorie, was the - libertyThe of the Romans - victories of people, and ruine of tyrants. Whereby they reaped the - greatest honour that men might in this world, To be iust and wise. - -

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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 (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 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 - prince or warlike people, draw after them a subiection and necessitie to take - armes alwayes for his succour, and to run the same fortune: as the Romans - confederats, who by their treaties were bound to furnish men and money for - their succours, and all the profit and honour of the conquests came unto the - Romans. They make no such treaties at this day, yet the victor prescribes a law - unto the vanquished. And therefore many have bene - of opinion, That it was expedient - - Neutralitie is sometimes profitable. for a prince to - be a Neuter, and not to meddle with any other princes warres: the chief reason - is, That the losse is common, but the fruit of the victorie is his only whose - quarrell they maintaine; besides, he must declare himselfe an enemie to those - princes which have not wronged him: but he that shall stand indifferent, is - oftentimes a means to reconcile enemies: and maintaining himselfe in the loue - of them all, hee shall reape thanks and honour of euerie side. And if all - princes be in league one against another, who shal mediat a peace? Moreouer it - seems there is no better meanes to maintaine the greatnes of an estate, than to - see the neighbor princes ruine one another. For the greatnes of a prince (to - speake properly) is nothing els but the ruine & fall of his neighbors:How a prince maintaines his greatnesse. & his - strength is no other thing, but the weaknesse of another. And therfore Flaminius - - said unto the Consull Attilius, intending to ruine the citie of the Aetolians, That it was - not so expedient to weaken the Aetolians, as to oppose against the greatnesse - of young Philip king of Macedon. These reasons may helpe - them that defend neutralitie: but it seemes they are subiect to greater - inconueniences. First in matter of state it is a maxime, That he must either be - the stronger, or of the stronger faction (and this rule doth not admit many - exceptions, be it in the selfe same Commonweale, or amongNeutralitie is many times dangerous. sundrie princes) els hee must - alwayes remaine a prey at the victors discretion: as the Roman ambassadour said - unto the Acheans, whome Antiochus king of Persia - persuaded, That they would remaine neuters betwixt him and the Romans. And it - seemes, that whosoeuer will maintaine himselfe, must of necessitie bee a friend - or an enemie. Whereof we have an example in Lewes the eleuenth, king of Fraunce, against whom they - made warre of all sides, so long as he continued a newter: but after that he - had allied the Swissers more strictly among thēselues, & the citie of - Strausbourg with them, and that he had entred into that league, neuer any - enemies durst assault him, (as Philip de Commines - saith:) for neutralitie, Neque amicos parat, neque inimicos - tollit, It neither - - Liuius lib. 5. purchaseth friends, nor takes - away enemies: as an auntient captaine of the Samnites said. And the like - conclusion was made among the estates of the Aetolians, by Aristemus their Generall, saying, Romanos aut socios - habere oportet, aut hostes, media via nulla est, We must have the - Romans either confederats or enemies, there is no meane. WeNeutralitie is oftentimes the ruine of princes. have infinit - examples in al histories: Ferdinand king of Aragon found - no better means to pull the kingdome of - Nauarre from Peter of Albret, than in persuading him to - bee a neuter betwixt him and the king of Fraunce, that hee might bee abandoned - at need. And the inhabitants of Iabes remaining neuters, and not ingaging - themselves in the warre which the people of Israel made against the tribe of - Beniamin, they were all slaine, and their townes - rased. As also the Thebans fell into great daunger, being neuters, when as king - Xerxes came into Greece. As in the like case the - towne of Lays in Soria, was surprised, spoiled, sacked, and burnt, by a small - troupe of the tribe of Dan: for that (as the historie - saith) they were not in league with any soueraigne prince - - Iud. c. 18. or state. And without any further - search, the Florentines after they had left the alliance of the house of - Fraunce, refusing to enter into league with the pope, the emperor, the king of England, and the king of Spaine, against - the king of Fraunce, they soone felt the fruits of their neutralitie.

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But it were an vniust thing, will some one say, to ioyne in league against - France, with whom they had been so strictly conioyned: I confesse it, so should - they not have left it at need as they did; for the league is not only broken if - thou beest an enemie to my associates, or if thou ioynest with my enemies, but - also if for feare thou doest abandon thy associates, being bound by the league - to succour them; as a Roman Ambassador said, Sisocios meos - pro hostibus habeas, aut cum hostibus te coniungas, If thou takest my associates for thine enemies, or ioynest with mine - enemies. Yet some may say, that neutralitie - may well be granted with the consent of other princes, which seemeth to be the - best support without any feare of the victors. The estates of Lorraine, - Bourgongue and Sauoy have maintained themselves in a free peace, so long as - they had an alliance of tranquilitie, but after that the Duke of Sauoy had once - vnited himselfe to the Spanish faction, he was expelled his countrie by the - french. But there is a great difference to be a neuter without the friendship - either of the one or the other, and a neuter alliedThe - difference of neutralities. to both parties, and these are farre more - assured, than if they were enemies to both factions: for they are free from the - victors inuasion, and if there be any treatie of peace betwixt both parties, - they are comprehended of either side. And if neutralitie be commendable in that - manner, as I have said, it is farre more commendable in a Prince that - doth exceede all others in power and - dignitie, that he may have the honor to be the vmper and moderator; as it - happens alwaies, that quarrels betwixt Princes are decided by friends that - stand indifferent, and especially by those which exceede the rest in power and - greatnes, as heretofore many Popes which knew well how to mainetaine their - ranke, and reconcile Christian Princes, have reaped honor, thanks, and - assuranceIn what case one should be neuter for - their persons and estates, and those which have followed either the one or the - other partie, have drawne after them the ruine of other Princes. It was thought - very strange in Spaine that Pope Alexander the 6 a - naturall Spanyard, should enter into league with Lewis - the 12, king of France against the Spanyards; and when as the Spanyards - had the better in Italie, he told the - french Ambassador that he would remaine a neuter, and be a common father to - both parties, but it was too late now to make a shew to quench that fier which - he himselfe had kindled. As in the like case the Duke of Alua Viceroy of Naples - being aduertised of a request made by the Procurator of the chamber of Rome - against the Emperour, touching the confiscation and reunion of the realme of - Naples to the reuenues of S. Peter, he did write unto - Pope Theatin, who had entred into league with the house - of France, that he should remaine as neuter for the dignitie which he had aboue - all other Christian Princes, but the truce being broken, the armies in field, - and their ensignes displayed, the end was miserable, for the Pope renounced the - league, leauing the french in their greatest neede, and it was concluded by - a treatie which he made with the Spanyard - that he should continue newter. Neuer was the hatred of any Prince so - pernitious unto his enemie, as the favour of Theatin was - then unto the french, without the which they had not bin reduced to such - extremitie, as in one day to lose all they had conquered in thirtie yeares. It - is more strange, for that the memory is more fresh of the like errors committed - by pope Clement the 7, fauoring one of these princes - against the aduice of Lewis Canosa his Ambassador, who - aduertised him by letters written out of France, that the greatnes and suertie - of his estate was to shew himselfe a neuter: so soone after he see himselfe - prisoner to the imperials and the citie of Rome sackt after a strange manner, - and both himselfe and his Cardinals ransomed at the victors discretion. I enter - not into the worthines of the fact, neither is - it in question to know who deserued most favour, but only, that hee which alone - may be iudge and moderator of honor, should neuer make himselfe a partie, - although he were assured that he should incurre no danger, much more when his - 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 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 - 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 - enemies. But it may be some one will say that it is dangerous to suffer a - Prince so to increase in power as he may giue law unto the rest, and inuade - their estates when he pleaseth. It is true, and there is no greater occasion - then that, to induce a neuter to seeke by all meanes to hinder him; for the - suretie of Princes and Commonweales consists in the equall counterpeeze of - power. So when as the Romans made warre against king Perseus, some fauored the king, others supported the Romans, Tertia pars (said Titus Liuius) - optima eadem & prudentissima, si vtique optio domini - potioris daretur, sub Romanis quàm sub Rege esse mallebat: si liberum inde - arbitrium neutram partem vole bat altera oppressa fieri potentiorem: it a - inter vtrosque conditionem - - - - ciuitatum optimam fore, protegente semper altero inopem ab - 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 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 - remaine equall, their forces being not impaired: So as the wisest have held - opinion, that there was nothing better for the suretie of estates, then to have - the power of great Princes as equall as might be; yet those which were of this - opinion, when as the Romans and Macedonians were in warre, remained - neuters, although they were tyed to the - power of the Romans, and to the king of Macedon, and it succeeded well for - them: for there is a difference in wishing the parties to be equall, and in - making himselfe a partisan. It is therefore commendable for the greatestIt is honourable for great princes to be neuters. and - mightiest Princes to remaine neuters, although it be not so concluded betwixt - other Princes, as I have said before. And this is necessarie for the common - good of all Princes and States, which cannot be reconciled but by their common - allies, or by them that are neuters. But those that be neuters do many times - kindle the fier in stead of quenching it; the which may be excusable, if the - preseruation of their estate depends vpon the warre which they entertaine - betwixt others; but it can hardly be concealed, and the matter once discouered, - the parties most commonly agree to fall vpon their common enemie, as it happened to the Venetians, who were - alwayes wont to sow diuision among their neighbours, and to fish in a troubled - water. Lewis the twelfth discouering it, he allied - himselfe with all the other Princes, and then they all iointly made aA generall league against the Venetians. league against - the Venetians, who were reduced to that extremitie, as they yeelded Creme, - Bresse, Bergame, Cremona, and Guiradadde, being members of the Duchie of Milan, - unto the french king, and to the Pope Fauence, Rimini, Rauenne, and Ceruie, - being of the patrimonie of S. Peter: to the Empire - Padoua, Vincentia, and Verona: to the Emperour the places of Friuli and - Treuisan, being the inheritance of the house of Austria: to Ferdinand the ports and places ingaged by the kings of Naples to the - seigneurie of Venice, and to call home their magistrates from the imperiall - townes, and out of all the countrie which - 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 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 - the assurance of his owne estate, as the Athenians procured a peace betwixt the - Rhodians and Demetrius the besieger, to the great - content of both parties, who were tyred with warre, - and yet were loth to demaund a peace one of - another: by which meanes the Athenians did reape great honor and profit to - their estate. The which is so much the more necessarie, if he which is a neuter - be allied to them that are in warre, and hath occasion to draw succors from his - allies: as our kings have alwayes done betwixt the Catholike and Protestant - Swissers, and betwixt the Grisons and the Swissers, as well for the lawes of - friendship, as fearing that in the meane time he should want the ayd of his - confederats. And sometimes those which are wearied with the warre, stirre vp a - 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 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 - honourable for a prince to be an vmpire in other princes quarrels. - the great opinion which was held of their vertue & integritie: & since, - this prerogatiue hath been giuen unto the Popes among other Christian Princes, - who oftentimes have been chosen iudges and arbitrators of all their - controversies: as in the treaties betwixt king Charles - the 5, and Charles king of Nauarre, made in the yeare - 1365; and betwixt Philip Augustus and Richard king of England: If the Pope were not a partie, as Innocent the 4 was against the Emperour Frederick the 2, then the Emperour made choise of the Parliament of - Paris for arbitrator, which was the Senat of Peeres and Princes, and the Councell of France. And Pope Clement the 7 making a league with the kings of France and England - against the Emperour in the yeare 1528, he caused it to be inserted in the - treatie, That if it were needfull to conclude a peace with the Emperor, he - should have the honor to be arbitrator. Paule the 3 did - the like betwixt the king of France and the Emperour in the treaties of - Marseilles and Soissons. One of the most necessarie things for the assurance of - treaties of peace and alliance, is to name some great and mightier Prince to be - iudge and vmpier in case of contrauention, that they may have recourse unto him - to meditate an agreement betwixt them; who being equall, cannot with their - honors refuse warre, nor demaund peace. But to the end that other Princes be - not driuen to that exigent, it shall be necessarie for them all to ioyne - together in league, to keepe downe the - power of any one that might bring the weaker into subiection: or else if they - be in league, to send Ambassadors to meditate a peace before the victorie, as - the Athenians, the Rhodians, the king of Egipt, and the seigneurie of Chio did, - betwixt Philip the yong, king of Macedon, and the - Aetolians, fearing the greatnes of the king of Macedon, as we reade in Titus Liuius. And for this cause after the taking of king - Francis the first before Pauia, the Pope, the - Venetians, the Florentines, the Duke of Ferrare, and other Potentates of - Italie, made a league with theWhy many princes made a league - 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 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; 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 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 - to be comprehended therein, as well to assure their estates, as to hold those - great princes in an equall counterpeize, least that the one by his greatnes - oppresse the rest: as in the treatie of peace made at Cambray in the yeare - 1559, all estates and Christian Princes were comprehended by the king of - France, or the Catholike king, or by them both togither, and any others that - the two kings should name within sixe moneths. But they must be named - particularly, and not in generall tearmes by the names of allies or - - treaties the parties comprehended must be expresly - named. neuters, for if there be not a speciall expression, they may - iustly pretend ignorance; for that affaiers of state are sometimes managed so - secretlie and so sodenly, as a league is made - before the enterprise can be discouered, notwithstanding all the diligence of - Ambassadors to learne out the conditions of the treatie: as it happened in the - treatie of Cambray made in October 1508, whereas the Pope, the Emperour, the - Empire, the king of France, the king of Arragon and Naples, the king of - Castill, the Dukes of Lorraine, Ferrare, and Mantoue, entred into league - against the seigneurie of Venice, the which was concluded before the Venetians - had any notice thereof, although they had ambassadors in a manner with all - these Princes: and without doubt if they had had any intelligence thereof, they - might easily have preuented it, seeing that after the conclusion thereof, and - the warre begun, they found meanes to withdraw the Pope, and to make him a - mortall enemie to the French, which was the only meanes to preserue their estate from ineuitable ruine. The like happened - unto the protestant Princes, against whome the treatie of Soissons was made in - September in the yeare 1544, betwixt the king of France and the Emperour, where - by the first article it was agreed, that the two princes should ioyne their - forces together to make warre against them, the which they could neuer beleeue, - vntill they had seene the preparations made against them. They might easily - have preuented the storme which fell vpon them: for that the Emperour had no - great desier to make warre against them, and the king lesse, who did secretly - favour them; so as in giuing the Emperour some succors, or sending an - ambassador unto him, they had been comprehended in the treatie, for they had no - enemie but the Pope, who was then a neuter betwixt the Emperour and the - King. Sometimes the league is so strong, and - the hatred so great, as it is a hard matter to hinderA - league against Fraunce. it, and much more to breake it, being - concluded. King Francis the first was well aduertised of - the league made betwixt the Pope, the Emperour, the king of England, the - Venetians, the Dukes of Milan and Mantoue, the Commonweales of Genes, Florence, - Luques, and Sienna, all confederates against his estate; yet could he not - preuent it, but in quitting the duchie of Milan. Those which had concluded a - peace and perpetuall amitie with him, and those which were tied unto him by a - defensiue league, brake their faith, and made open warre against him: the which - was not held strange, for many make no esteeme of the breach of faith in matter - of treaties betwixt princes, especiallie if they may reape any profit thereby: - yea some are so treacherous, as they sweare - most when as they intend most fraud, as Lisander was - wont to say, That men must be circumuented and deceiued with oathes, and - children with toyes; but he feltPlu. i 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 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 - deceiue another, shewes plainely that he skornes God, - and feares his enemie. It were better neuer to - call the immortall God, or him they hold to be a God, to be a witnes of their - fraud, but only themselves; as Richard Earle of Poitiers - sonne to the king of England did, who giuing a confirmation of the priuiledges - of Rochell, used these words, Teste meipso, My selfe - being witnes. Seeing then that faith is the only foundation and support of - iustice whereon not only Commonweales, but all humaine societie is grounded, it - must remaine sacred and inuiolable in those things which are not vniust, - especially betwixt princes: for seeing they are the warrants of faith and - oathes, what remedie shall the subiects have against their power for the oathes - which they take amongFaith betwixt allies must be - kept. themselves, if they be the first which breake and violate their - faith. I speake of iust things, for it is a double impietie to sweare to do a - wicked act, and in this case he that breakes - his oath is no treacher, but deserues reward. And in like case, if the Prince - hath promised not to do a thing which is allowable by the law of nature and - iust, he is not periured although he make breach thereof; neither are priuate - men tyed by theirIt is no disloialtie to breake an vnlawfull - oath. oath, if they have promised to do more than is allowable by the - civill law. Those things which are by nature vniust and vnlawfull no man may - promise, neither may any man vrge them if they be promised. But wise Princes - ought not to sweare any thing unto other Princes that is not allowable by the - law of nature and nations, not force any Prince that is weaker then themselves - to sweare to vnreasonable conditions. And to take away all ambiguitie of words, - it shall be needfull to shew what is vniust, - else he that is bound will take the word iust in generall to make vse of it in - some speciall case, as in the treatie made in the moneth of May, in the yeare - 1412, betwixt Henry king of England and his children on - the one part, and the Dukes of Berry, Orleans, and Bourbon, the Earles of - Alancon and Armaignac, and the lord of Albret on the other part, who sware to - serue the king of England with their bodies and goods in all his iust quarrels - when they should be required. There was no expresse reseruation of their - soueraigne, against whom the king of England meant to imploy them by vertue of - this contract, the which he could not do. There is neuer any iust cause to take - armes against ones prince or countrie, as an auntient orator said, yet are not - those princes free from the note of treacherie, which infringe their faith in - matters which they have sworne to their - preiudice, being forced thereunto by the victor as some Doctors have - maintained, being as ill informed of the estate of Commonweales, as of auntient - histories, and of the ground of true iustice, discoursing of treaties made - betwixt princes, as of contracts and conuentions among priuat men, the which is - an opinion of most dangerous consequence, which error hath taken such roote - within these two or three hundred yeares, as there is no league (how firme - soeuer) made betwixt princes, but it is broken, so as this opinion goes now for - a grounded maxime, that the prince which isA daungerous - opinion in treaties. forced to make a league or peace to his hurt and - preiudice, may go from it when occasion is offred. But it is strange that - neither the first lawgiuers and lawyers, nor the Romans who were the patrons of - iustice, did neuer thinke of this shift and euasion. For it is manifest, that most treaties of peace are made by - force, either for feare of the victor, or of him that is the stronger; and what - feare is more iust then of the losse of life? yet neuer any prince or lawgiuer - did refuse to performe that which he had promised unto the victor, as if it had - been forced. Quae enim viro forti, inquit Tullius, vis - potest - - A resolute man cannot be forced - - adhiberi? What force can be used▪ sayth▪ Tully, to a valiant and resolute man? It appeared in the - Consull Marcus Attilius Reglus, who being taken prisoner by the Carthaginians and sent to Rome - vpon his word, swearing that he would returne vnlesse he could procure some - noblemen that were captaines to be set at libertie, from the which he dissuaded - the Senat, yet did he not refuse to returne, although it were to an assured death, nor yet the Consull Mancinus to - the Spanyards, when as he could not persuade - the Senat to the conditions of peace. What grauer schoolemasters of the lawes - of armes, what better interpreters of the Roman lawes can we desire, than the - Roman Consuls? they went willingly unto torments rather than they would - treacherously breake their faith. The Consull Posthumius - 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 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 - charge and commission from the people of Rome: - whereupon the Consuls which had sworne the peace, and those which had giuen - themselves as hostages for the whole armie, yeelded themselves willinglie to - the enemie, to dispose of their lives at their pleasure, and so they were - delivered unto them by the Heralds.

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In the treatie of Madrill, made the 14 of February 1526, it was said, That king - Francis - - The treatie of Madril. the first being come unto the - first towne of his realme, he should ratifie the articles which he had sworne - in prison, and cause them to be ratified by the Daulphin of France when as he - came to age: and by the last article it was agreed, That if the king would not - 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 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 - grounded himselfe vpon the authoritie of Cardinall Zabarella, who held, That whatsoeuer was done by force or feare, was - not to be ratified; confirming it by the example of Ihon - king of Cipres, who being taken prisoner by the Geneuois, gaue his sonne for - hostage, and yet kept not his promise. I wonder the President of so great a - Senat did not blush not only toTreaties made by a prisoner - may not be broken. commend a man that was ignorant of the lawes of - armes, but also to arme himselfe with such - foolish arguments, yet this was the chiefest ground of the breach of the - treatie of Madrill, adding thereunto, that the king could not giue away or - renounce the soueraigntie of the Lowcountries, nor the duchie of Burgongne, - without the expresse consent of the estates. This indeed was sufficient to - breake the treatie, the rest were impertinent. But all these obiections were - neuer brought in question by the antients, they neuer required, That a prince - being set at libertie out of his enemies power, should ratifie that which he - had sworne being a prisoner: a ridiculous thing, that were to call the treatie - in question, and leaue it to the discretion of him that was a prisoner, whether - he shall obserue that which he hath sworne or not. Moreouer the antients neuer - regardedAn oath is needlesse where hostages are - taken. the breach of treaties, when as they tooke hostages: for that - 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 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 - Samnites, seeing it was no treatie of peace, or league, but a simple promise, - the which did bind them onely which had consented thereunto, Quid enim (inquit ille) obsidebus aut sponsoribus in foedere opu esset, sipraecatione res transigitur? - - - - Nomina Consulum Legatorum, Tribunorum militum extant: si ex - foedere res acta - - - - 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 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 - by their enemies themselves, for that they had pledges, and did not trust in - their prisoners oath. And by the law of arms a prisoner which hath his libertie - giuen him vpon his word, is bound to returne to prison againe. And by a - proclamation made by the Senat of Rome, all prisoners were enioyned vpon paine - of death (the which were verie many, being let goe vppon their words by king Pyrrhus, to goe visit - their friends) should returne at a certaine day, but no man gaue any hostage. - And if the prisoner be held in bonds, he may escape, neitherA prisoner taken in the war, being kept, may escape without . is he bound to him that tooke him: as king Francis the first said unto Granuella the emperours ambassadour. For as a Roman Consull was wont - to say, Vult quisque sibi credi, & habita fides ipsam - obligat fidem, every man desires to be beleeued, & a trust reposed, - binds the faith it selfe.

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If any one say unto me, That the king had sworne to returne, if the treatie - tooke not effect: and that king Iohn returned prisoner - into England, for that he could not accomplish the conditions of the treatie, - by which he had giuen a great part of the realme to the English, and promised - three millions of crownes: I aunswere, that there was no fault in the king, for the estates opposed against the - alienation of the reuenues of the crowne: and as for his returne, neither he - nor king Iohn were tied unto it, seeing they had taken - their children for hostages. And therefore king Francis - seeing that the emperour would not remit the vniust conditions of the treatie, - with the councell and consent of his princes and subiects hee proclaimed a new - warre against him: wherewith the emperour being moued, said, That the king had - carried himselfe basely; and that he had broken his oath, and that hee would - willingly hazard his life with him in single combat, to make an end of so great - a warre. The king being aduertised by his ambassadour, That the emperour had - 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 - (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, used the like chalenge, and with the - like solemnities. It was done like generous princes, to let all the world - 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 - enemies: others, that they have erred in fact, or have bene seduced by euill - councell: or that things were so chaunged, - as the wisest could not have foreseene them: or that it should be impossible to - obserue the treaties without the ineuitable losse, or apparent daunger of the - whole state. In which cases they would pretend, That an oath doth not bind, the - condition or the cause of the oath being impossible or vniust. Some there be - which maintaine, That the pope may dispence not onely with the oath of other - princes, but also of himselfe: but they have bene confuted by other Canonists. - So pope Iulio the second finding no meanes to breake his - faith with king Lewis the twelft, that he might fly from - the treatie of Cambray, he did not say, that hee was not tied to his oath, but he tooke occasion to aduance a factor in Rome to the - 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 having - found what he sought for, declared himselfe an open enemie unto the king. So - Guichardin writes, That - pope Iulio was woont to bragge, That all the treaties - which hee made with the French, Spaniards, and Germans (all which he called - barbarous) was but to abuse them, and to ruine one by another, that he might - expell them all out of Italy. There are others which curse and condemne - traytors, yet they loue the treason, and hold the fruits thereof sweet: as it - is itten of Philip king of - Macedon: and the Lacedemonians condemned Phebidas their - captaine, for that contrarie to the tenor of the treatie made with the Thebans, hee had seized vpon their castle called - Cadmee, & yet they kept the place still, as Plutarch - writes. Some which can find no iust cause norPlu. in - Epawida. 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 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: 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 - his seruice, the duke beeing conuicted of rebellion. But this conspiracie being - discouered, hee caused Maron the dukes chauncellour to - be apprehended and put into the castle, and making of his processe, he suffred - him to escape, fearing he should speake too plainely, if he were ill intreated: - and soone after he died of thought, knowing well that his treacherie and - disloyaltie was discouered, and inexcusable, seeing that he betrayed both the - emperour and the duke, and all those of the league by the same meanes: the - which is the most detestable treacherie of all others. Yet do I not blame him, - that to assure himselfe hath two strings to his bow, so as it be done with a - respect to his faith and honour: as it is reported of Themistocles, who secretly aduertised the king of Persia, That vnlesse - he departed suddenly out of Europe, the - Greekes had resolved to breake the bridge which hee had made vpon the sea - Hellespont, to passe his armie out of Asia into Europe: desiring him to keepe - it secret. This he did to assure himselfe of the favour of the king of Persia, - if he did vanquish; or to have the honour to have expelled him out of Greece, - if hee marched away, as he did. But these subtill deuises beeing discouered by - princes that are in league, do oftentimes cause good friends to become sworne - enemies: as the Epirots, who agreed with the Acheans their confederats, to make - warre against the Aetolians, and yet they did signifie by their ambassadour, - That they would not take armes against them. Another time they plaid the like - part with Antiochus, promising him al friendship, so as - they might not be in disgrace with the Romans, Idagebatur - (inquit Titus Liuius) vt sirex abstinuisset Epiro, integra sibi essent omnia - apud Romanos, & conciliata apud - - - - regem gratia, quòd accepturi fuissent venientem, That - was done (saith Titus Liuius) that if the king did - forbeare to enter into Epirus, they should continue in favour with the Romans, - and they should purchase grace with the king, that they would have receiued him - if he had come. But their councels being discouered, they procured to - themselves a miserable slauerie with the flight of Perseus. The lawyers hold it for a maxime, That faith is not to be - 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 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 - that doubt, there were many Lawyers, Canonists, and Diuines, especially Nicholas abbat of Palerme, and Lewis du - Pont surnamed Romain, which concluded in this opinion, the which passed - for a decree, and was confirmed by the councell. So as Iohn - Hus and his companion were executed, although that neither the councell - nor the emperor had any iurisdiction ouer them: neither was the king of Bohemia - (their naturall lord) of their opinion, to whom notwithstanding the emperour - had giuen his faith, but they regarded it not. Whereat we must not maruell, - seeing that Bartol (the first lawyer ofIf aith be to be kept with enemies of - the faith his age) maintaines, That faith is not to be kept with - priuat enemies, but with captains in chiefe. - According to which decree the cardinall Saint Iulian was - sent Legat into Hongarie, to breake the treaties of peace concluded with the - Turke: against theL. conuentionum F. e Pactis. which Humiades father to Mathew Coruin king of - Hongarie opposed himselfe vehemently, shewing that the peace was concluded with - 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 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 - himselfe was chased away with all the armie of Christians, and the Ambassador - which had carried this decree, was in his returne slaine by certaine thes that were Christians, whereby it appeared that God - was displeased with that decree, for if it be lawfull to breake ones faith with - infidels, then is it not lawfull to giue it; but contrariwise if it bee lawfull - to capitulate with infidels, it is also necessarie to keepe promise with them. - The Emperour Charles the fift made a league of - friendship by his Ambassadour Robert Inglish with the - king of Persia, who was pursued by the Sangiac of Soria euen unto the frontiers - of Persia, and yet he had no other reproch to make against king Francis the first but that he had made a league with the - Turke. It is well knowne that the kings of - Poland, the Venetians, Geneuois, and Rhagusians have the like with them. And - the same Emperour Charles the fift gaue his faith unto - Martin Luther (whom the Pope had cursed as an enemie - to the Church) to come to imperiall diet at Wormes, in the yeare 1519, whereas - Echius seeing that hee would not abiure his opinion, - alleaged the decree of Constance, according to the tenor whereof hee vged them to proceed against him, without any respect to - the faith which the Emperour had giuen. But there was not any prince which did - not abhorre this request of Echius, and detested his - decree. And therefore the emperour to maintaine the publike faith, sent Martin Luther backe safe to his owne home, with certaine - troupes of horse. I know not how it came in the fathers minds at the councell - of Constans, to take all faith from heretikes, - when as the pope himselfe at his first installing, doth take an oath of the - Iewes, suffring them to enioy their religion with all libertie. Yea and many - times the princes of Germanie and Italie do admit Iewes to be witnesses in - their suits, the forme of the Iewes oath is set downe in the decrees of the - 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, 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 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 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, - notwithstanding his oath he made all the inhabitants Slaves, except two hundred - which he set at libertie at the request of Aramont the - french Ambassador: and being challenged of his oath, he answered, That no faith - was to be kept with them, for that they had - sworne at Rhodes neuer to carrie armes against the Turks, reproching them that - they were worse than dogs, which had nether God, faith, nor law, the which - might have been refelled by them of Tripoli, but that might ouercame right, for - that they were not tyed to the oath taken by the knights of Rhodes; nor, if the - Tripolitans had formerly sworne, could he now take revenge thereof by this new - accord. For former periurie and treacherie may not be repeated nor revenged - when as they have oncePeriurie red - by a new treatie, may not be repeated. concluded a peace and - 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 - 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, - and withdraw their garrisons, inioyning ten men of the chiefe of every citie to - bring all the gold and siluer, and then sodenly they gaue a watchword to the - garrisons to sackFrad circumunted by fraud. and spoile the cities, the - which was done, and in this sort they spoyled 70 cities. In the punishment of - this treacherie, the Romans behaved themselves more cruelly than was needfull, - for that the revenge should not extend but to them that had committed the - periurie; and this dissembling was against the antient honor of the Romans. But - if periurie were couered by a new treatie, it were not lawfull to revenge it: - yet there are some so base and treacherous as when they sweare, they have no - thought but for to sweare and breake their - faith, as Charles Duke of Bourgongne gaue a safegard to - the Earle of S. Paul Constable of France to sell him dishonorablie to Lewis the II king of France. But Antony - Spinola Gouernor of the Ise of Corsica for - the Geneuois, committed a fouler act, adding crueltie to his periurie; for - 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 - sware to forget all iniuries past, and to live together in peace and amitie: - but in swearing (saith Polybius) they studied of nothing - els, but how to betray the citie, as they did, to be revenged of the iniurie - (which they had couered by a new accord) - expelling all their enemies. But God to revenge their disloyaltie, suffered the - Arcadians, to whome they had betrayed the citie, to kill all those which had - put it into their hands. Oftentimes princes and seigneuries forsake their - leagues for feare, whoFear is - ontimes the cause of a breach. commonly - doe follow the victors partie: as after the battaile of Pauia, all that were in - league with the king of Fraunce in Italie, forsooke him: and after the battaile - of Cannes, almost all the Romans associats in Italie left them: and euen the - Rhodians after the taking of the king Perseus (with - whome they were in league) they made a proclamation, That no man vpon paine of - death, should say or doe anything in favour of Feare - may well excuse base minded men from giuing aid, but not from - periurie: but what colour or excuse can he - have, that comes to capitulat with an intent to deceiueFeare - cannot excuse periutie. and circumuent? It is inexcusable to men, and - detestable before God. And yet the emperour Maximilian - the first was wont to say, That he made no treaties with the French, but to - abuse king Lewes the twelft, and to bee revenged of - seuenteene iniuries which he had receiued from the French, although he could - not specifie one: for every man knowes, that for these two hundred yeres, - Europe neuer had prince more religious than Charles the - 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, 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 - adisposition, as he omitted no pompe nor magnificence to giue him all the - content that might bee. The confidence of both kings is disallowed by - treacherous men, who shew plainely how perfidiously they would have dealt: but - to all good men it must needs seeme commendable, which detest that in others, which they themselves hold dishonest. But if - princes being in warre, have made a truce, and concluded a parle, they must - come vnarmed,What is to be observed betwixt princes going to - parle. least the one (being secretly armed) should by fraud murther - his enemie, as Iphicrates the Athenian did Iason the tyrant: or as Mithridates, who slue the prince of Armenia his sisters sonne. Or if - the one comes weakely accompanied and with small force, then must he take - hostages from the other, or some places of strength, before he approach, as it - is commonly used. So did king Perseus, who being come - with a great traine unto the frontiers of his realme, and would have passed the - 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 - that he had but three men with him. If there be question - - In what sort hostages are to bee giuen for a prince that - i prisoner. to giue hostages for the - deliverie of some great prince that is a prisoner, it must be done with equall - 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, 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 - be forced. Yea if they had contracted mariage, yet there is no assurance, if - the prince be treacherous and disloyall: as Alphonsus - 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) 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 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 - in that sort. This murther was not so cruell, - as the excuse was detestable and odious: but God did not let his disloyaltie to - be long vnpunished, suffering one of his houshould seruants to murther him as - he was at the stoole, and to enioy the empire for his reward. They say, that - Caesar Borgias sonne to pope Alexander the sixt, was like unto this monster, whome Machiauel doth produce for the paragon of princes: he had - learned of his father to poyson such as he inuited to a banquet: it cannot be - said, Which did exceed other in treachery: Alexander - - The treacherous disposition of pope Alexander the sixt, and - Caesar Borgias his sonne. the father neuer did that which he said, - and Caesar his sonne neuer spake that which he did: and - 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 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 - disloyall and perfidious man liuing, and knowne for such a one: and euen at - such a time as he was but subiect to the pope, and had no power to giue his - faith to them he put to death: so as the pope might have excused them as his - subiects and vassals, without any note of treacherie. But the pope was poisoned - with the same poison which hee had prepared for his friends and companions: and - his sonne escaping the force of the poyson, was ouerreacht with the same fraud - 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 understood, he commanded - him to keepe Borgias - - Treacherie paied with treachery. prisoner: the - Viceroy shewes his charge, and Borgias did vrge him with - his oath and faith: but the Viceroy could not giue his faith without the kings - expresse commission, much lesse release a subiect that is captiue, when as the - king forbids it. Neither should Borgias have entred - rashly into his enemies countrey. We read that Albret - earle of Franconie committed the like errour to the duke of Valentinois: for - beeing besieged by the emperour Lewis of Bauiere, Othon the Archbishop of Ments persuaded him to come unto - the emperour vpon his faith, swearing, That if hee were not reconciled to the - emperour, he should returne safe with him unto his castle. This good bishop being gone forth, made shew as if he had - forgotten something in the castle, and returned backe with the earle. After - that he had delivered the earle into the emperors hands, being vrged of his - promise, he said, That he was returned: like unto the souldiour in Polybius, who notwithstanding his shift, was sent backe - by the Senat of Rome, with his hands, and feet bound to the enemie. But - although the Archduke could not giue his faith unto a rebell, without warrant - from the emperour, yet for that hee had fraudulently drawne a man into danger, - who was ignorant of the laws of armes (otherwise than Consuluus had done) he was not free from the foule crime of - treacherie: like unto Paches, who persuaded Hippias, that he should come forth of his castle to a - parle, swearing, That he should returne safe: the captaine being come forth, - 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, 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 - the Gonfaloniet in the palace, the magistrats gaue them their faith and - assurance, that they should not be called in question for the fact, so as they - would depart the citie: for that they were then in armes, and the stronger: yet - soone after they were pursued and punished as they - deserued. And to the end that by the promise of magistrats, the publike faith and assurance should not be broken, the - Seigneurie of Venice made a decree in the councell of ten, published in the - yere 1506, That no gouernor nor magistrat should giue any safeconduct to a - banished man: the which was reserued for the Seigneurie onely; who by another - 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 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 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 - whereof stood and was absolute by meanes of this treaty: and if he had not kept - the faith which he had giuen them, or if the Senat had not ratified the - treatie, he had polluted the honour of the Romans, and blemished the fame of so - worthy an exploit. Not that I would have states to enter into any league, or - have any commerce with pirats and theeves, (for that they ought not to bee - partakers of the law of nations, as I have said before.) And although that Tacferin chiefe of an armie of theeves in Affrike, sent ambassadours to Rome, to the end - they should appoint lands & places for him and his to inhabit, else he - would proclaime perpetuall warre against the Romans; yet the emperour Tiberius taking this for an indignitie, would not so much - as heare his ambassadours, saying in open Senat, That the auntient Romans would - neuer heare, nor treat in any sort with Spartacus the - slaue, by his profession a Fencer, and captaine of the theeves, although he had - gathered together threescore thousand Slaves, and defeated the Romans in three - 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 - 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 - in Spaine, should have 25000 crownes: whereof he being aduertised, he went and - presented himselfe to Augustus, and demaunded the - reward: the which the emperour caused to be giuen unto him, and withall - pardoned him, toA notable deed of the emperour - Augustus. giue an example to others, that they must keepe their - faith, without any respect to the parties merit.

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There is great difference, whether faith be giuen to a theefe, a friend, an - enemie, or a subiect: for a subiect which ought to maintaine the honour, - estate, and life of his soueraigne prince, if he proue treacherous and - disloyall unto him, and that hee hath giuen him a protectiō, or if he come to - capitulat with him, if the prince doth infringe his oath with him, he hath not so great cause to complain as a - theefe, if the theese be not his subiect: as the legion of Bulgarian theeves, - which being come into France to dwell there, king Dagobert gaue them his faith, finding it daungerous suddenly to breake - such a troupe of loose and desperat men: but soone after vpon a certaine day, a - watchword being giuen, they were all slaine. But there is a great difference, - whether a soueraigne prince doth capitulat with his friends or his enemies, - & that those subiects which have rebelled against his maiestie, be - comprehended in the treatie: Many have made a question, if the prince breaking - his faith with those rebels, and seeking revenge of them, - whether the enemie be thereby wronged, and if the assurance giuen, or the - truce, bee thereby broken? as it oftentimes - falles out, the which doth most afflict princes: as Titus - 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 - 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 - contracted securitie for an other princes subiects, may take it for an iniurie, - & seeke his revenge, although the subiect were guiltie of treason in the - highest degree. As the Barons of Naples, who went to Naples vpon assurance - giuen, and an oath taken by Ferdinand king of Naples, - 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 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 - thing that had been committed before the treatie; or that assurance was giuen - them in generall tearmes to returne unto their houses. For a generall clause in - generall tearmes hath the same force that a speciall clause in a speciall case, - 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 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 - executed. The historie reports, that the pope had not only giuen his faith unto - him, but to all his friends in generall: true it is they were all his vassals. - He did the like unto Alphonso - - Leo the tenth periured to be revenged. Cardinall of - Sienne, being accused that he had attempted to poyson the Pope: to draw him - into his snares he gaue him his faith, and to the Ambassador of Spaine in the - name of the Catholike king; yet he came no sooner to Rome but his processe was - made: whereupon the ambassador of Spaine complained greatly, but the Pope (who - wanted no lawyers) answered him, That a - safegard or protection how ample soeuer, is of no force, if the crime committed - be not expresly set downe: so as presently after the Cardinall was sttangled in - prison. But the Spanish Ambassador could not stipulateAmbassadours cannot promise nor take assurance from another, without an - 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, 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 - differences that may arise among the associates, so as the number be equall of - either side; with authoritie to the arbitrators to chuse an vmpier, if they - cannot agree among themselves: as in the league made by the foure first Cantons - in the yeare 1481, where it was sayd in the fourth and fift Article, that in - all controversies they should chuse an equall number to determine of them. And - in the alliance betwixt the house of Austria and the twelue Cantons, the - Bishops of Bohemia and Constance are named: but in the treatie betwixt the king - of France and the Swissers, in the yeare 1516 in the - 17 Article it is said, that in matters of controversie, every one should chuse two arbitrators, and if they could - not agree, the plaintife should chuse a fift out of the Valesiians or from - Coire to be vmpier, who might not alter any thing of their opinions, but chuse - the one of them. It were more convenient that the fift had been chosen by the - foure which could not agree, for that the Swissers were alwayes demanders, and - named whom they pleased, so as the king had alwayes the worser cause.

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There is an other point which doth commonly deceiue Princes, which is, to - treate with Ambassadors, deputies, or Lieutenants, without an especiall - commission: for notwithstanding any promise which he shall make to have it - ratified by his maister, yet is there no assurance, for that the Prince which - promiseth stands bound for his part, and the - other remaines at libertie to accept or reiect the conditions of the treatie; - and happelie in the meane time there falls out some accident which breeds an - alteration: as it happened betwixt the Samnites and the Numantines, and - (without any farther search) to Lewis the 12, who - treated a peace with the Archduke Philip passing through - France in the yeare 1503, by vertue of an ample Commission which he had from - his father in law, promising moreouer to cause him to ratifie it: but Ferdinand attended the issue of the warres of Naples, - whereas the French were vanquished in two battailes, and expelled the realme, - so as he refused to ratifie what his sonne in law Philip - had concluded with the king of France, saying, that the Archduke had no - especiall commission. At the least there must - be a time prefixt for the ratifying of the treatie, or a resolute clause for - the want thereof: for in matters of State, and of treaties betwixt Princes and - Commonweales, a silent ratification is not sure. And this was the cause of the - breach of the treatie of Bretigny, the which Charles the - fift then Regent of France had not ratified touching the soueraigntie of - Guienne. And the same occasion made them of Carthage breake the peace betwixt - them and the Romans: for after the first warre, they had made two treaties, in - the first all the associates of both nations were comprehended in generall - tearmes only; and it was said, that the treatie made with Luctatius the Consull should hold if the people of Rome did like of - it, the which they would not ratifie, but sent an expresse commission into - Affrike with the articles they would have concluded, and Asdruball Generall of the - Carthaginians confirmed them. In this treatie the Saguntines were expresly - 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 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 - neuer wants excuses and deuises to couer their disloyalties, the histories are - full of them, as of the Calcedonians against the Bizantines, of Cleomenis against the Argiues, and of the Thracians - against the Thessalians, who when as they had - concluded a truce for certaine dayes, they spoyled their fields by night: and - as the Flemings, who fearing to pay two millions of florens into the popes - treasurie, (as it was cōcluded by the treatie of peace, if they did rebell - against the king of France) they councelled Edward the - third, king of England, to quallifie himself king of France, and then they - would take armes for him, the which was done. Others distinguish vpon the word, - as king Lewis the II, who making a shew that he had need - of the good councell and aduice of Lewis of Luxembourg - Constable of France, he said, That he wanted his head. And the Emperour Charles the fift by a subtill alteration of a letter - denied that which others thought hee had affirmed, writing touching the - deliverie of the princes of Germanie out of prison. But George Cornarus found a more subtill - interpretation, seeing that he could find no - meanes to breake the treatie made with the king of France, said, That the - treatie was made with the king for the preseruation of his estate, and not to - recouer them when they were lost. But when all failes, and that there is no - 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 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 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 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 - execrations, but his aduersarie not satisfied therewith, caused him to repeate - those curtesies often, least they should be counterfer, and then he slue this - blasphemer, saying, That he was revenged both of bodie and soule. Behold the - reward which this denier of God receiued, for - putting his trust in the promises of a murtherer. In the treatie made betwixt - king Lewis the 11 and Charles - Duke of Bourgongne, in the yeare 1475, he made the king to sweare first by the - word of a king, then by the faith of his bodie, and by his creator, by the - faith and law which he had taken in his baptisme, and vpon the Euangelists and - theA new kind of oath. Canon of the Masse, and in - 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, 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 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 - Auntients used sacrifices with effusion of bloud, with many imprecations and - execrations against the breakers of the league: and the kings of Parthia and - Armenia when they entred into any offensiue and defensiue league, they tied - their thombs, and drawing - - Tacit. Lib. 4. forth the blood, they suckt it - one after an other: as in the like case the king of Calange - - In the historie of the Indies. at the East Indies, - making an alliance with the Portugalls, drue blood from his left hand and rubd - his face and tongue therewith. But there is no assurance in any oathes ifIf the prince bee disloyal, his oath is not to be - regarded. the Prince be disloyall: and if he be iust, his simple word - shall be a law unto him, and his faith an oracle. It is forbidden by the holie - scriptures to sweare by any but by the name of the eternall God, for it is he - alone that can revenge the breakers of their faith and the scorners of his - name, and not they which have neither power nor care of humane things, the - which the thirtie Ambassadors of Carthage feared when as the Romans had agreed - to graunt them a peace, an auntient Senator (knowing the disloyaltie of the Carthaginians) asked them in open Senat, By what - gods they would sweare: they answered, that - they would sweare by the same gods which had so sharply punished their - disloyaltie. For he offends no lesse that thinks to mock God, than he which - doth it in deed, neither is he to be credited although he hath sworne. The - princes partisans of the houses of Orleance and Bourgongne did sweare sixe - 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, having - conspired against his prince; I am of opinion that in this caseThe maner to capitulat b twixt the - pi and the subie - - the treatie should be made with neighbour princes, to warrant the - subiects, or else speedily to depart the countrie. And if any one will obiect - that the subiect ought not to have any - safegard or protection from his lord, as it was adiudged by a decree of the - court of Parliament for the Earle of Tonerre, I confesse it: But I say, the - subiect must either do thus, or else depart the countrie, when they have to do - with a soueraigne Prince. For there is no greater torment unto a Prince, than - to be forced to capitulate with his subiect, and to keepe his faith with him. - Lewis the 11 gaue a good testimonie thereof to the - Duke of Nemours, to the Earle of S. Paul, to the Duke of Brittanie, to the - Earle of Armaignac, and to all his subiects that had rebelled, all which almost - hee put to death; and the historie of Flanders puts his owne brother in the - number, affirmingMeierus. that he was poisoned. And - not long since the yonger brother to the king of Fez besieged the king his - brother with an armie, and forced him to conclude a peace with 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 - 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 - England: but soone after being taken he was beheaded with his accord, being - crowned with a crowne of white paper. You must not gall the Lion so hard as the bloud may follow, for seeing his owne - bloud and feeling the smart, if he have his libertie he will be revenged: I - would I had not so many examples as have bin seene in our time. But when as I - 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, 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 - that the outragious proceeding - - In what case forren prince may - take vpon him the protection of another princes subiects. of a Tyrant - against his subiects be irreconcileable, then ought he to take vpon him the - protection of the afflicted with a generous resolution: as that great Hercules did, who purchased to himselfe immortall praise - and reputation, for that he tooke vpon him the protection of afflicted people - against the violence and crueltie of tyrants (which the fables call monsters) - whom he went through the world to conquer: wherein the auntient Romans did also - exceed all other nations. And without any more search, king Lewis the 12 receiued into his protection the Bentiuoles, with the - houses of Ferrara and Mirandula, against the oppression of pope Iulio the 2: but he caused to be inserted into the - protection, That it was without preiudice to the rights and dignity of the - Roman church: and for the same cause king Henry the 2 tooke the protection of the same princes of Mirandula against the violence of pope Iulio the 3, and of many princes of Germanie against the - 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 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 - and leagues among princes it is alwaies excepted, That the one shall not take - the protection of anothers subiects, whether the cause be iust or vniust. The - only reason which hindred the treatie of peace betwixt king Antiochus the great, and Ptolomie king of Egipt, was the protection of Acheus, who of gouernor of Asia had made himselfe king, - and had withdrawne it from his soueraigne prince, as Polibius saith. And for this cause Sigismond - Augustus king of Polonia, to have peace with the king of Muscouie, was - 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 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 - France, for that he denied them iustice, and for that cause he was depriued of those fees which he held on this side the - sea, according to the Canon law, although that many are contented to take away - the iurisdiction only. And of late daies the Geneuois expelled the Marquis of - Final out of his estate at the complaint of his subiects, and tooke them into - their protection: who when as hee complained unto the Emperour of the wrong - 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 - 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, - 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 - 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 - princes subiects into protection) for that those which are banished for euer, - are no more subiects: but if those banished men would attempt any thing against - their auntient Lord, the prince which hath receiued them ought not to suffer - them. And therefore the princes of Germanie sent Ambassadors to king Henry the 2, to require him not to receiue Albert Marquis of Brandebourg into his protection, being - banished by a decree of the Imperiall - Chamber: the king made answere in the moneth of August, in the yere 1554, That - although the house of France had alwaies been the support of afflicted princes, - yet would he not shew any favour unto the Marquis against the holy Empire. Yet - notwithstanding if the prince exceeding others in power and dignitie, be duly - informed that another princes subiect be tyrannized, he is bound not only to - receiue him into protection, but also to free him from the subiection of - another; as the law takes the slaue out of the power of a cruell maister: but - it more befitteth to free the subiect from the subiection of another, and to - set him at libertie, than to subiect him to himselfe, - as the Romans did all Greece and Macedonie, which they delivered from the dominion of kings, to set them at full - libertie. So did pope Agapet (who freed the successors - of Gautier d'Iuetot from the subiection of the kings of - France, for that king Lothair had slaine him with his - owne hand in the Church, at what time as he craued pardon of him) to giue - example to other princes not to vse any such cruelties to their subiects: and - for the like crueltie Henry king of Sweden was expelled - his estate by his owne subiects, in the yeare 1567. But it was held very - strange that pope Iohn the 22 in the treatie made - betwixt Philip the long king of France and the Flemings, - caused it to be set downe, That if the king did infringe the treatie, it might - be lawful for his subiects to take armes against him, to the which the Princes - and Barons of France did oppose, causing that clause to be razed; and it was - more strange that it should come out of the - mouth of a french pope, a naturall subiect to France, and who had once been - Chancellor. But the prince may well sweare that if he breake the treatie made - by him, his subiects shall be freed from their obedience, as it was in the - treatie of Arras, and hath been used among our first kings of this realme: as - in the treatie which was made betwixt Lewis and Charles the bald brethren, the oath which either of them - made was with this condition, That if it chanced, which God forbid, that I - should breake my oath, I then absolue you from the faith which you owe me. Lewis sware first in the Roman toung these words which - follow, the which the President Fauchet, a man well read - in our Antiquities, did shew me in Guytard an historian - and prince of the bloud, Pro - deo amur, & pro Christian poblo & nostro commun saluament dist di en - auant, inquant des sanir podirmedunat, si saluerio cist meon fradre Karle, - & in adiudha, & in cad vna causa si com hom par dreit son fradre - saluar dist, ino quid il vn altre sifaret. Et abludher nul plaid nunquam - prindraij qui meon vol cist, meon fradre Karle in damno sit: That is to - say, For the loue of God and the Christian people, and for our common health - 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 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 - eo retornar ne pois, in nulla adiudha contra Ludouig: That is to say, - If Lewis keepes his oath made with his brother, and Charles my lord for his part doth not hold it, if I - cannot preuent it, I will not returne with him in peace, nor do him any - obedience. The subiects of Charles sware in the Roman - toong, and the subiects of Lewis in the Dutch. But to - returne to our purpose: it is dangerous to take the protection of another, - especially of those which are subiect to princes allies, but vpon a iust cause, - so is it more strange to leaue an associat in danger. But it is a question, - whether a prince may take the protection of another prince vniustly - - If one that is in league may succour him that is not allied - against his associat, being wrongfully oppressed. oppressed, without - breach of the league: for it is most certaine that we aide priuate allies and - common allies, if they be wronged by one of the allies: but he that is not - comprehended in the league, may not be defended against him that is allied, - without breach of the league: on the other side it is a thing which seemes very - cruell, to leaue a poore prince to the mercie of one more mightie that doth - oppresse him and seekes to take his estate from him.

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The Senat of Rome was much troubled herewith, for that the Capouans being - assailed, & vniustly oppressed by the Samnites, had recourse unto the - Romans, who had a good desire to aid them: considering withall, that the - Samnites would be too mightie & insupportable, if they had - once seized vpon the Seigneurie of Capoua, and that it was a meanes to subdue the Romans: notwithstanding it was - resolved by the Senat not to giue any succours unto the Capouans, considering - the league which they had sworne with the Samnites, Tanta - vtilitate (saith Titus Liuius) fides antiquior fuit, Faith was of more respect than so great a - benefit. I will set downe word by word, the aunswere which was made unto the - six ambassadours, the which deserues to bee grauen in letters of gold, Legatis Campanorum auxilia contra Samnites petentibus, Consul - ex authoritate Senatus sic respondit: Auxilio vos Campani dignos censet - Senatus: sed ita vobiscum amicitiam iustitui par est, ne qua vetustior - amicitia ac societas violetur: Samnites nobiscum foedere iuncti sunt: itaque - arma Deos prius quàm homines violatura, aduersus Samnites, vobis negamus: - Legatos sicut fas est, precatum ad Socios mittemus, ne qua vobis vis - - - - fiat, The Consull with the authoritie of the Senat did - aunswere in this sort unto the ambassadours of the Campanois, demaunding - succours against the Samnites. The Senat holds you of Campania to be worthy of - succours, but it is fit so to ioyne friendship with you, as a more auntient - league and societie may not be violated: the Samnites are linkt unto vs in - league, and therefore we denie you armes against the Samnites, whereby we - should wrong the gods rather than men: but we will send ambassadours (as we may - lawfully) to request our associats, not to offer you any violence. The - ambassadours of Capoua had a secret charge, to offer the subiection of Capoua - unto the Romans, in case they should refuse to giue them succours: who seeing - themselves reiected, made this offer▪ Quandoquidem nostra - tueri non vultis, vestra certe defendetis: itaque populum - - - - Campanum vrbemque Capouam, agros, delubra Deum, diuina - humanaque omnia in vestram P. C. populique Romani ditionem dedimus. Tum iam - fides agi visa, deditos non prodi, Seeing you will not protect vs and - ours, yet at the least you shall defend your owne: we yeeld therefore into your - power O reuerent fathers, and of the people of Rome, the people of Campania, - and the citie of Capoua, with their fields, churches, and all diuine and humane - rights. Now is your faith ingaged, not to betray them thatA - stranger is not to be succoured against an ally, vnlesse hee make himselfe a - subiect. yeeld unto you. Whereby it appeares, that the stranger is - not to be succoured against the allie, vnlesse he yeeld himselfe a subiect unto - him whose protection he pretends: for in that case every one is bound to defend - his subiects against the iniuries of the mightie. If the Athenians had made the - same aunswere to the Corcyrians, demaunding aid against the Corinthians their allies, they had not fallen into a - warre which set all Greece on fire for the space of twentie eight yeres, and - was not ended, but with the ruine of the Athenians, who were made subiect unto - the Lacedemonians, as they had deserued, what colour of iustice soeuer they - pretend, that the league ought to cease if one of the associats doth make warre - vniustly against a straunger. If this interpretation might take place, there - should be no league nor alliance vnbroken. And therefore in contracting of - leagues and new societies, the more auntient associats (although they are held - to be excepted by law) must be precisely excepted: so as no aid is to be giuen - unto the latter confederats against the more auntient, vnlesse they have first - begun the warre. As in the league made betwixt the house of Fraunce and the - Cantons of the Swissers, in the yeare 1521, in - the which the auntient allies were excepted: but there was a derogatory clause, - in these words, If the auntient allies did not make warre against the king of - Fraunce, which was the principall subiect of the treatie. But it may so fall - out, that three princes being in league, one may make warre against the other, - and require aid of the third. In this case there are many distinctions. If the - treatie of alliance be but of amitie and friendship, it is most certaine that - he is not in that case bound to giue any succours, if the treatie imports a - defensiue league, he must aid the most auntient ally by a precident alliance: - If the associats be of one standing, he owes succours unto him that is vnited unto him by an offensiue and desensiue league. If it - be offensiue and defensiue of all parts, he - must not succour neither the one nor the other: but he may well mediat a peace, - and cause their quarrels to bee compounded by their common allies: as it is - commonly used, making warre against him that will not referre his cause to - arbitrators, or yeeld to their arbitrement, as it is expresly set downe in the - treatie of Stance, made betwixt the eight Cantons. Arbitrements are not to be - reiected, how great soeuer princes be: as Henry king of - Sueden did vpon the controversies hee had with the king of Denmarke, who - offered to referre his cause to Henry the second, king - of Fraunce: the which the king of Sueden refused, saying, That he was as great - a king as the rest. But the Romans, who exceeded all nations in riches and - power, if they had any controversie with their allies, they referred it to the - arbitrement of their common confederats, Romanus - - - - Legatus (saith Titus Liuius) ad - communes socios vocabat. And if it be not lawfull by the law of armes, - to allow of the combat, when there is any proofe by witnesse orThe Roman legat did appeale to their common confederats. - otherwise, what an iniustice were it, to suffer two princes or states to enter - into warre, if a third may reconcile them, or els ioyne with him that is - wronged. It were a simple part to suffer his neighbours house to burne, the - which hee might quench with his honour. Moreouer it may be doubted, whethet the - league be broken, if thou shalt offer violence to any confederats father or - brother, being not comprehended in the league. If they bee subiects, there is - no question: if they bee absolute of themselves, it may be doubted; for that - the father and the sonne are held to be all one: but in my opinion there is - nothing done against the league, vnlesse the fathers person were excepted in - the treatie. And although the father may - pursue an iniurie done unto his sonne by action, yet may he not attempt warre - by the law of armes, for a sonne that is out of the fathers iurisdiction, and - not excepted in the treatie, although hee bee wronged by his confederats: for - that the fathers power hath nothing common with the lawes of armes and - maiestie, much lesse may the league be broken for brethren that are wronged. - But to auoid all these inconueniences, the most safest way is, to limit all - leagues to a certaine time, to the end they may add or take away from the - treatie, or giue ouer the league altogether, if they thinke it expedient for - them: and especially betwixt Popular estatesLeagues must be - limited to a certaine time. and those which are gouerned - Aristocratically, the which neuer die. For in Monarchies societies and leagues are dissolued by the death of princes, - as wee have said. Yet princes making treaties with Seigneuries and Popular - 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 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 - successor.

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But some one will say unto me, That the first clause in all the auntient - treaties and leagues, which the Romans made with other states and Seigneuries, - was, That they should be perpetuall. And therefore the Hebrewes did call the - strongest and best assured alliances, treaties - of salt, for that salt of all things compounded of the elements, is least - corruptible: as they also call a statue or image that is euerlasting, A statue - of Salt, not that the holy Scripture meanes, that Lots - wife was turned into a salt stone, as many beleeue. But in my opinion there is - nothing more pernitious in treaties than to make them perpetuall: for he that - feeles himselfe any thing ouercharged with the treatie: hath reason to breake - it, seeing it is perpetuall: but if it be limited, hee hath no cause to - complaine. Moreouer it is easie to continue leagues and alliances alreadie - made, and to renew them before the time prefixt be expired: as hath beene - 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 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 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 - decimum Latinarum, Beeing commaunded (saith Liuie) to renew the league with the Laurentines, it was thereuppon - renewed euerie yeare after the tenth day of the Latines. And the same author - saith, Adire - - - - iusst sunt Legati Romani Cretam, & Rhodū, & renouare - amicitiam, simul, speculari num solicitati animi sociorum ab rege Perseo - fuissent, The Roman ambassadours were commaunded to go to Creet and - Rhodes, to renew the league, and to discouer if their confederats minds had - bene corrupted by king Perseus. There was a league of - perpetuall friendship made in the yeare 1336, betwixt Philip of Valois, and Alphonso king of - Castile:Treaties betwixt the kings of France & - Spaine and afterwards it was renewed betwixt king Iohn and Peter king of Castile, in the yeare - 1352: and betwixt Charles the fift, king of Fraunce, and - Henrie king of Castile: and yet euerie one of these - leagues was made perpetuall for the associats and their successors. As was also - betwixt the houses of Scotland and Fraunce, for these three hundredThe league betwixt the French and Scots. yeares, that - they have continued in good and perpetuall league and amitie, unto the yeare 1556. There is also another reason why the - time of leagues and alliances should be limited, for that there is an ordinarie - clause annexed to all treaties, Not to make any peace or truce, or to enter - into league with a common enemie, or with them that are not comprehended in the - treatie, without the consent of all the associats, or of the greatest part: But - if one of the allies will not consent thereunto, must the rest be ingaged in - his hatred, and in a continuall warre, if the league bee perpetuall? That were - against all diuine and humane lawes, if the occasion of this hatred doth cease, - and that a peace may be made without the preiudice to the allies. But this - clause is ill practised, for if any one of the associats hath an intent to goe - from the league, hee is so farre from demaunding the consent of the rest, as - sometimes he doth treat so secretly, as all is concluded before that any thing can be discouered, and oftentimes they - abandon their associat unto their enemies. We have a notable example in our - memorie, of the treatieThe treatie of Chambort. of - Chambort, made in the yeare 1552, betwixt the king of Fraunce of the one part, - and the duke Maurice, the marquesse Albert, and the Lantgraue of Hesse on the other; where it is said in - the two & twentieth article, That if any of the associats should make any - peace or agreement, or have any secret practise with the emperor, or his - adherents, without the consent of his other allies, he should be punished as a - petiured, without allThe princes of the empire in the - protection of the king of Fraunce. remission, in the view of all the - armie. And yet within six moneths after, the elector Maurice agreed with the emperor at a treatie at Passau, neither - aduertising king Henrie (who was chiefe of the league) - nor yet comprehending him in the treatie. Against whome the marquesse Albert exclaimed, - saying, That it was a base and villanous act, calling the duke traitor, and - disloyall to his countrey, the emperour, and the king of France. And yet he did - worse than his companion: for after that he had drawne great summes of money - from the king, he turned to the emperour, and made open warre against the king: - so as the imperiall souldiors called Maurice Bachelor, - or Graduat, &Why Marquesse Albert was called - Doctor. - - Albert Doctor, for the notable tricks which he plaied. - And of late memorie the Seigneurie of Venice concluded a peace with Sultan Selim, so secretly, as it was published at - Constantinople, at the comming of the French ambassadour, before that any one - of the confederats of the holy league was aduertised - 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 - 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 - for an hundred yeares. And in another place, Indutiae - Veientibus pacem petentibus - - - - Liu. lib. 1. Decad. 1. 7. lib. 2. 8. lib. 7. 9. lib. 9. - - in annos 40 datae, A truce of - fortie yeares was graunted unto the Veientes, who demaunded a peace. And in - another place, Cum populo Cerite inducias in centum annos - factas, There was a truce made with the people of Cerites for an - hundred yeares. And in another place, Hetruriae populi pacem - petentes in annos 30 inducias impetrarunt, The - people of Hetruria demaunding a peace, they - obtained a truce for thirtie yeares. For alwayes a truce is more holy, and - lesse violable than a peace. And if wee shall well obserue the end of those - which have broken any truce, we shall find that it hath bene miserable, and - 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, 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, 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 - subiects, they were neuer vnpunished, In Veliternos veteres - ciues grauiter saeuitum, quod toties rebellarent, muri disiecti, - - - - Liu. lib. 8. - - Senatus abductus, They punished the Veliternians (who - were auntient citisens) verie seuerely, their walles were cast downe, and their - Senat carried away. And after the second Punike warre, the Roman subiects which - had bene traitors were excepted, Perfugae (inquit Liuius) - bello punico 380 Romam missi, virgis in Comitio - 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 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, - ac virgis diu caesi, de Tarpeio deiecti - - - - Liu. lib. 35. - - 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, 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 - against him.

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The clause that hostages should be subiect unto capitall punishments, was - vnknowne to the auntients, for it was alwayes lawfull not only to kill hostages - that fled, but also if they that had giuen hostages had infringed their faith. - But since they have thought it fit to expresse those words in their promises, - least that hostages should pleade ignorance of the law of armes, or that it - should seeme too cruell that one should suffer for anothers offence. I will not - denie but the Romans have somewhat blemished the brightnes of their auntient - integritie and iustice, the which happened unto them not so - much through their owne fault, as by the Grecians and Carthaginians, whose - treacherie they had often tried: witnes that - which Liuie writes of the Ambassadors that were sent - into Greece, when as they made report of their charge in open Senat: he saith - thus, L. Martius & Attilius Romam reuersi, nulla alia re - magis gloriabantur, quam decepto - - - - Liu. lib. 42. - - per inducias & spem pacis Rege, quae magna pars Senatus - probabat: sed veteres moris antiqui memores, nouam istam sapientiam - improbabant, nec astu magis quam vera virtute bellage ssisse maiores, - denunciare bella, & saepe locum finire, quo dimicanturi essent. L. - Martius and Attilius being returned to Rome, - gloried in nothing more, than that they had circumuented the king with a truce, - and the hope of peace: the which the greatest part of the Senat did allow of, - but the most auntient (remembring their customes of old) did disallow of this - new kind of wisedome, for that the auntients did not make warre by craft and pollicie, but by vertue, proclaiming warre, - and oftentimes appointing the place where they would fight. Yea they were - accustomed to renounce their alliance and friendship that had wronged them, - before they would begin any warre. Veteres, saith Suetonius, bellum indicturi, renunciabant amicitiam, The - auntients when they - - Tacit. lib. 5. Liu. lib. - 36. would make warre against any one, they renounced his friendship: - a custome which was observed among priuat men, euen in the time of the Emperour - Tiberius: for Germanicus being - grieuously wronged by Piso gouernor of Soria, sent him - word that he renounced his friendship: and Henry the 5 - king of England sent word to Lewis duke of Orleance by - his ambassador, That he could not defie him, vnlesse he renounced his - friendship, and sent back the alliance. And at this day those which be brethren - in armes, and princes which do weare one - anothers order, they send back the order before they make warre. But the Greeks - who had taught the Romans their deceits and disloyalties, were punished, as we - may see in Liuie, where he saith, Phocenses cum pacti essent nihil hostile se a Romanis passuros port as - aperuerunt, tum clamor est sublatus à militibus, Phocenses nunquam fidos - socios, impune eludere: ab hac voce milites vrbem diripiunt, Aemilius primo - resistere, captas, non deditas vrbes diripi, The Phocenses when they - had contracted that they would not indure any hostile acte of the Romans, they - opened their gates; then began there a crie among the souldiers, that the - Phocenses being neuer faithfull associates did laugh at them vnpunished: at - this crie the souldiers spoile the towne, at the first Aemilius made resistance, saying, That they used to spoyle cities that - were taken by force, and not that yeelded. - But the Romans to repaire this error, left their citie in full libertie, and - restored them the lands they had taken from them. So Polibius who was a Greeke borne, and gouernor to Scipio the Affrican, speaking of the Greeks, saith, That a word among - the Romans was sufficient, but in Greece for the lending of a hundred crownes - they must have ten notaries, and twise as many seales, and yet would they - breake their faith. But it is far worse at this day, where there is no - assurance neither in letters, seales, nor safegards, yea ambassadors are not - assured, for we have seen Rincon and Fregose ambassadors to the king of France slaine by the officers of - the Emperour Charles the 5, and yet no iustice was done - of them: whereas the Romans delivered Minutius and Manlius to their enemies, and at another time Fabius - - and Apronius, to - dispose of them at their pleasures, for that they had somewhat wronged the - ambassadors, the which is forbidden by the law of armes. If faith be not kept - with ambassadors, what shall we hope of others? yea some have gloried in - killing them, as Helene Queene of Russia, being - intreated by her enemies to make a league, to the end she might marrie with - 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 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 - charge, nor speake not any thing to the dishonor of the prince or people to - whom they are sent, for a wise ambassador will alwaies deliver his charge, if - in things that be odious sparingly, and in those that be pleasing full, to the - end that he may entertaine princes in friendship, and appease hatred; for that - princes do oftentimes fall into mortall quarrels through the indiscretion of - ambassadours. Amongst many we have the example of Stephen - Vauoide of Valachia, to whome the Procope of Tartaria sent an hundred - ambassadours, threatning to waste all his countrey with fire and sword, if he - sent not backe the Procopes sonne, whom he had - taken prisoner. The Vauoide incensed at these threats, put them all to death, - except one whome he sent home maimed of his members, to bee a messenger of this - strange calamitie. Others revenge not iniuries done unto them by ambassadours - 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, 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 - head; a most cruell and barbarous deed, yet was there an error in the - ambassador, who should hold the ranke and - dignitie of the prince his maister, so as it bee not with the contempt of the - prince to whome he is sent: for sometimes ambassadours relying vpon the - greatnesse of their master, forget themselves to meaner princes, especially men - that are bred vp in Popular estates, accustomed to speake with all libertie, - thinke they may doe so with Monarches, who are not accustomed to heare free - speeches, and much lesse that the truth should be spoken unto them: for which - cause Philip the young, king of Macedonie, seeing the - Roman ambassadour question too boldly with him, hee could not forbeare to braue - him with reproaches. And Popilius the Roman Legat used - Antiochus king of Asia with greater presumption, - making a circle with a rod about the kings - 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, having tried their power. Marius the elder used 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 - spoken of the Romans, That they were of a freer speech than any other nation. - And sometimes too great libertie without any iniurie offends princes. For which - 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 - 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 - repent it; and so it fell out: for the same yere he imbarqued the king in a - most daungerous warre, with the hazard of his estate. And therefore king Francis the first, doubting that he should heare - 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 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, 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 - 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: - vis est etiam cum quod per Iudicem - - - - debuit, per te ipse arripis, Doest thou thinke that - violence is not offered, vnlesse that men be wounded. It is violence, when thou - takest that of thine owne authoritie, which thou shouldest recouer by law. But - some make breach of their faith, by a craftie interpretation of the law. As - that which Bartol proues, If by the truce it be lawfull - for a French man to passe into England, vpon condition, That if after the truce - he be found within their limits, it shall be lawfull to kill him: if before the - end of the truce he depart out of England, and by a storme is driuen backe into - England after the truce expired: in this case he saith, they may lawfully kill - him. In my opinion they may ransome him by law, but not kill him: for that he - doth nothing against the truce, that by tempest is cast vpon his enemies countrey. It would seeme vniustand iniurious, to - repaire that which happens accidentally with the losse of life.

- - Finis Libri quinti. - - - - - -
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- -
- - - - THE SIXT BOOKE OF - - OR CONCERNING A COMMONVVEALE. - -
- - - - CHAP. I. ¶ Of Censuring or Reformation, and wheher it be - expedient to inroll and number the subiects, and to force them to make a - declaration, or giue a certificat of their priuate estates. - -

- - HItherto wee have described at large the first part - of the definition of a commonweale: that is, - the true gouerning of many families with absolute power, and that which depends - of the said definition. It remaynes now to speake of the second part: that is, - of that which is common to an estate; and which consists in the managing of the - treasure, rents, and reuennues, in taxes, imposts, coynes and other charges for - the maintenance of a commonweale. And for the better understanding hereof, let - vs first treat of Censuring. Census in proper tearmes is - 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 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 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 used by the Greeks and Romans. Liu. - ann 310▪ ab v. c. - - so the Romans (who did imitate the Grecians) could wel imbrace this - custome, and bring it unto Rome: for which cause king Seruius is much commended in histories. And although the people of - Rome had disanulled and abolished all the edicts and ordinances of their kings, - after they had expelled them, yet this law of censuring or surueying continued - still, as the foundation of their treasure, imposts, and publike charges, - &c. was continued in the Consuls persons. But after that the Consuls were - distract & drawne away for warlike imployments, they then created Censors, - 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 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 - brought their Registers and Inrollments to Rome. Afterwards this charge was - still continued; and euen Caesar the Dictator tooke the - paines to go from house to house to supply the Censors charge, although he - called himselfe Magister morum, or Master of the - manners. And as soone as the Emperour Augustus was - returned to Rome, after his victorie against Marc - Anthonie, the Senate by a publike decree gaue him the office of - Censor,Caesar and Augustus were both created - Ceniors. calling him Prefectus morum, or - Controller of manners, who thrice numbred the - citisens of Rome, and valued euerie mans goods: and not onely of the Citisens - of Rome, dispearsed throughout the whole empire, but of all the subiects of - euerie prouince: And was there euer Emperour that left so goodly an estate of - an empire, as he did?

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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. 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 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 - Poitiers, made an edict, commaunding all his subiects to be inrolled, and their - goods to bee valued; the which is yet sometimes put in practise at Venice, - Genes, and Luques, whereas there bee Censors created: and namely at Venice in - the yeere 1566 they made three Magistrats to reforme the peoples manners, whom - they called, I Seignori sopra il ben viuere de la citta: - The Magistrats for the well liuing of the citisens: for that the name of Censor - in a free citie abounding with all kind of delights, seemed harsh and - seuere.

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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 - commonweale of Geneue in stead of Censors have deputed ten Antients, the which - are chosen as magistrats, whereof foure are of the counsell of threescore, and - six of the counsell of two hundred; which hold theCensors in - effect created at Venice. subiects of that state in such awe, as few - offences remaine vnpunished: so as without doubt this commonweale will - flourish, if not through armes and wealth, yet by their vertues and pietie, so - long as they shall maintaine the authoritie of those Auntients. Whereby it doth - plainely appeare, that the best and most flourishingCensors - not to be wanted in a well ordred commonweale. cities could not long - subsist without Censors: wherein many ignorant diuines abuse themselves, in - thinking that Dauid was grieuously reprehended by God, - and punished, for that he commaunded his people should - bee numbred; when as God - - Num. 1. 2. 3. 4. 21. 26. commaunded Moyses the Emperour of the Israelites to doe it after their departure - out of Fgypt, and againe before they entred into the land of promise; and not - only to number them, but to note euerie family, and to take the name of euerie - particular person before they had conquered anie thing, the which hee should - leaue to posteritie: but the fault which Dauid - committed, was in forgetting Gods commaundement, charging him, that when he did - number the people every one should offer unto God two groats of siluer (as Ioseph hath verie well observed) being commaunded in the - text of the law, to exact that holy tribute for an expiation of their sinnes, - so often as he should please to have the people numbred: then he adds, Least a - plague should be among the people. But in my opinion heerein was the greater - offence, that the prince too arrogantly - trusting more in the force of his legions, than in the power and helpe of the - Almighty, did not number all his people, but those onely that were able to - beare armes, omitting the tribe of Leui (which attended - the sacrifice) and the tribe of Beniamin. And whereas - the law commaunds euerie one to put halfe a sickle, or two siluer groats; that - is done in my opinion, to abolishThe numbring of the people - appoynted by God. the impietie of the heathen, who taking the number - of their subiects, offred a piece of siluer for euerie one unto their gods: as - also God commaunded they should sprinckle the bloud of the sacrifice aboue, and - of eyther side of the altar, forbidding them expressely, not to offer any more - bloud unto their deuils, that he might call his people from the inhumane and - hatefull worship of deuils. And it seemes that king - - Seruius had borowed this ceremony from the people of the - East, when as hee commaunded a boxe to be set in Iuno - Lucinas temple, into the which they put a denier - for euerie one that was borne: and another in the temple of Iuuenta, where they did also put a denier for - euerie one that had attayned to seuenteene yeres of age, at what time they put - on a playne gowne without purple: and the third was in the temple of Venus Libitina, into the which they put a denier for euerie one that died: which custome continued - inuiolable, euen when as the office of Censor was neglected.

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We read, that the Athenians were inrolled in the publike registers at the age - of 14 yeeres, yet wee find no mention made of - the tribute. But the numbring of the people which God commaunded to be made, - 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. 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 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. 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 - that there were none but widowes and - orphelines excepted: and yet Florus saith in his 27 - booke, Censa sunt 137000 ciuium, ex quo numero apparuit - quantum hominū tot preliorum aduer sa fortuna populi Romani - abstulisset: The number of the citisens were 137000: wherby it appeares - how many men the Romanes lost in their vnfortunate warres. And in the former - view he sayth, Censa sunt ciuium capita 270 millia: The check-roll of all the citisens comes to - 270000. as if he would inferre, that the losses which they had receiued against - Hanibal, had carried away 133000 citisens: for if the - women had beene comprehended which went not to the war, there had remayned none - but women, for that they be alwayes as many or more than men, as I have before - shewed. And in Athens there was a suruey taken, whereas the number of women was - greater than that of men, as Pausanias saith. But the scruple is decided by Titus - Liuius, where he saith, speaking of the seuenth inrollment, Ciuium qui puberes essent, supra centum decem millia erant: - mulierum autem & puerorum, seruorum{que} & mercatorum, & - sordidas artes exercentium (siquidem Romanorum nemini cauponariam, aut - operosam artem tractare licuit) triplo plus quàm turbae ciuilis. The - citisens of full age were aboue 110000 of women, children, Slaves, marchants: - and of those which used base trades (for no Roman might be a victualer or - handycrafts man) the number was thrice as many as of the civill sort: whereby - it appeares, that marchants, handycraftsmen, women, nor children, were not - registred: as for Slaves they were not nūbred among the citisens, but among - moueable goods, the which were commonly fiftie for one: and euen in Athens there were found a hundred times more - Slaves than free men, by a suruey that was taken, whereas for ten thousand - strangers, and twentie thousand citisens, there were foure hundred thousand - Slaves. And of the number that was taken at Venice about thirtie yeares since, - there were found two thousand women more than men, as I have formerly - noted.

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The benefits which redounded to the publike by this numbring of the - people,The profit that may be gathered by the numbring of - the people. were infinite: for first they knew the number, age and - qualitie of the persons, and what numbers they could draw foorth, either to go - to the warres, or to remaine at home; either to bee sent abroad in colonies, or - to bee imployed in publike works of - reparations, and fortifications: thereby they shall know what prouision of - victuals is necessarie for euerie citie, and especially in a time of siege, the - which is impossible to preuent, if they know not the number of the people. And - if there were no other benefit but the knowledge of euerie mans age, it cuts - off a million of sutes and quarrels the which are inuented touching the - minoritie and maioritie of persons:A meanes to cut off - sutes. for which cause king Frauncis the first - commaunded his chauncellour Poyet, to puplish an edict, - inioyning all curats to keepe a register of all such as should bee borne: but - for that the registers are not kept as they ought, this law is ill observed. - And in regard of the quality, we see an infinit number of sutes touching the - nobility, which should be auoyded by this meanes: and the sutes of forgerie - & falshood, for the disguising - - The citisens estates are knowne by the Censors. and - concealing of names of the parents, countrie, estate, and qualitie, of euerie - one, whether hee bee a citisen or a stranger, a bastard or lawfully borne, a - nobleman or a patrician, a plebeian or a nobleman, and of what name & house - he comes, for want of registers and censors can hardly be found out.

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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 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 - of euerie person, as they did vse in Rome and in Greece, it is more than necessary to know the number of the subiects; to - gather their voices in elections the number is also requisite; to deuide the - people into tens, hundreds, and thousands, it is also necessarie to know the - number of them. But one of the greatest and most necessary fruits that can bee - gathered by this censuring and numbring of the subiects, is the discouery of - every mans estate and faculty, and whereby he gets his liuing, therby to expell - all drones out of a commonweale, which sucke the honyIt - expels vagabonds & idle persons out of an estate. from the Bees, - and to banish vagabonds, idle persons, theeves, cooseners, & ruffians, - which live and conuerse among good men, as woolues do among sheepe, spending - their lives in theeuing, dising, robbing, drinking and whooring; who although - they walke in darkenesse, yet hereby they should bee seene, noted and knowne. - And as for the valuation of goods, it is no - lesse necessarie than the numbring of persons. Casiodorus speaketh thus, Orbis Romanus agris - diuisus censu{que} descriptus est, vt possessio sua nulla haberet incerta, - quam pro tributorum susceper at quantitate soluenda, The Romane - territories were deuided, and every priuate mans land laid out, that no mans - possession should bee vncertaine, the which he had taken for the payment of a - certaine rent or tribute. If then a suruey were taken of all the Roman empire, - and the lands distributed accordingly, that it might bee knowne what burthen - every oneA means to equall the charges and imposts according - to every mans estate. was to beare in regard of the goods he inioyed; - how much more necessary is it now, when as there bee a thousand sorts of - imposts in every commonweale, which the auntients did neuer know? This poynt is - of such consequence, as it should suffice, if - it serued for nothing else, but to cause every one to bring in a declaration of - his goods and reuennues: as was done in Prouence in the yeare 1471: whereby it - did afterwardes plainely appeare that the commons were oppressed by the - cleargie and nobilitie, if it had not beene prouided for by an edict made by - Frauncis the first, in the yere 1534, and by another - of his successors: wherupon the three estates of Prouence (beeing growne into - great sutes) were called before the Parliament at Paris, where a prouinciall - decree was made, That all men of what qualitie soeuer, should pay their charges - & imposts according to the register made in the yeare 1471, when as there - were three thousand houses charged with a soulz vpon the pound, without - respect of families or persons, but to the - lands subiect to contribution. They were also constrained in the yere 1516 to - make a suruey and declaration of all the benefices of this realme, in regard of - the tithes, the which by reason of the daily alterations and changes require a - newe suruey or numbring: for some Incumbent payes more than a moytie of his - benefice, when as another payeth not the thirtith part for the tithes. The like - was required by Marill as the kings aduocate for the - subsidie of Prouence.

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By this meanes the poore mens iust complaints shall be releeued, whom the rich - are accustomed to ouercharge, and to free themselves throughout all the realme - of Fraunce, as well as in Prouence & Languedocke: By this meanes, mutinies - (which are vsuall in euerie commonweale, for - the vnequalitie of charges) shall cease: and moreouer all sutes depending - before Iudges for reliefe, should be quite cut off: byA - meanes to auoid concussion and favour in them that make deuision of the - subiects. this meanes the concussions, malice or favour of the - assessors and other officers, who have charge to make an equall distribution of - the tribute or impost, shall bee discouered, or at least the controversie shall - be decided by the Censors register: or else they might put in practise the - custome of the antient Athenians, wheras if any one were ouercharged that had - lesse wealth than another, hee might force him that was lesse taxed to take his - charge, or to change estates with him: as Isocrates, who - lost against Lysimachides, and wonne against Megalides. - -

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- - By this meanes yow shall know who be miserable, who - prodigall, which be banquerouts, who rich, - which poore, who cooseners, which vsurers, & by what gaines some get so - much wealth, and others are oppressed with so great want, and how to redresse - it: for that by the extreame pouerty of some, and the exceeding wealth of - others, we see so many seditions, trouble, & civill warres arise. Moreouer, - all edicts and decrees, and generally all iudgements and sentences touching - fines & amercements, should be ordred, and justice equally administred, - when as every mansestate were knowne, seeing that the punishment may not exceed - the offence. Also, all deceits in mariages, in bargaines and sales, in all - priuat & publike negotiations should be discouered and knowne.

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I omit a multitude of sutes touching successions, diuisions, and morgages, the - which are concealed for the most part, and - should bee made plaine by the registers without search, the which should ease - the subiects charge, and preuent the falshood of witnesses. It may bee some - will say unto me, That it were a hard thing to expose the pouertie of some to - be scorned, and the wealth of others to bee enuied. Behold the greatest - argument that can bee obiected to hinder so good and commendable a thing. But I - answere, That all enuy will cease against those whom they hold to bee rich and - are not, and the mockerie against such as have wealth and were held poore. And - shall the enuie of the malicious, or the derision of the scorner, hinder so - good and commendable a thing? Neuer wise prince nor good law-maker did regard - enuie or scorne, when there is question of good lawes. Although this law - (whereof question is made) concernes onely - moueable goods and not lands. To say, that it is neither good nor comely to - know priuate mens wealth or wants, the course, traffike and negotiation of - marchants, which consists most commonly in bookes of credit, nor to lay open - the secrets of families; I answere, that there are none but cooseners & - deceiuers that are loth to have their lives laid open, & their actions - knowne: good men that feare not the light, will bee alwaies glad to have their - estates knowne, with their qualities, wealth and maner of liuing. An Architect - said one day to Liuius Drucius the Tribune, That he - would make the lights of his house in such sort, as no man should ouer-looke - him: To whom Drusus answered, I pray you make it in such - sort - - A notable answere of a Tribune. as every one may - looke into it & see mine actions. Velleius - Paterculus who writes the historie saith, that this man was sanctus & integer vitae, of a holy & vpright - life. But the office of Censor is chiefly against the wicked: And in old times - every Roman kept a register of his actions and expences, and of all his goods: - But vppon the declining of the empire, when as vices began to spring vp, they - neglected it, saith Asconius, for that many were - condemned by their registers. And I find not that euer any but tyrants theeves - and bankerouts hated the office of Censor, and have hindredThe Censor hate full to the wicked all they could the valuation of - goods, as I have noted of Tiberius, Caligula, Nero, and - Domitian. It is therefore a meere mockery, to pretend - that this would bee a meanes for tyrants to - oppresse their subiects with exactions: for there is no tyrant so cruell, but - he wil more willingly take from the rich than from the poore; whereas for want - of a Censor the poore are pinched, and the rich saue themselves. We also see - that by the practises of the vsurers & the rich citisens of Rome, of six - Censors chosen successiuely in one yeare, not anie one could intend his charge: - whereupon the Tribunes making their complaints before the people, said, That - the Senatours feared the registers and publike informations, which discouered - euerie mans estate, and their actiue and passiue debts, whereby they should - find, that some of the Citisens were oppressed by the others, and ruined by the - vsurers. And then the tribunes protested, that they would not suffer any - debtour to bee adiudged to his creditors, nor inrolled to go to the warres, vntill they had first seene a declaration of the - debts, to the end they might prouide as they - should find it needfull. Then did the debtors flocke together about the - Tribune, to giue him ayd and assistaunce. Why should a good creditor feare to - have his debts and contracts viewed, or his lands (lawfully purchased) knowne? - why should he hinder the knowledge of his goods, lawfully gotten by his - industie and labour? It shalbe alwaies honorable unto him; and if he be an - honest man, if he loues the preseruation of the common weale, and the reliefe - of the poore, he will make no difficultie to giue a declaration of his goods - for the reliefe of the publike, if need shall require. If he be wicked, if hee - bee an vsurer, an extortioner, a publike theefe, and a obber of priuate men, he - hath reason to oppose himselfe all he can, that his goods, his life, nor his - actions may be knowne: but there is no reason to aske the vinteners aduice if they shall suppresse alehouses; or the - strumpet, if they shall put downe the stues; nor of bankers, if they shall - abolish vsurie; nor of the wicked, if they should have Censors.

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The auntient Greeks and Latines have alwaies spoken of censuring, as of a - diuine thing, the which hath alwayes preserued the greatnesse of the Roman - empire so long as Censors were in credit. Titus Liuius - speaking of king Seruius, who first ordained that euerie - one should giue a certificate of his goods, saith, Censuminstituit rem saluberimam - - The opinion of the auntients touching Censors. - - tanto imperio, He instituted the office of Censor, a - wholesome thing for so great an empire. But after that Censors were created in - the Consuls place, and that by little and little they began to take knowledge - of the life and manners of euerie one, then - began they to respect the Censors, and to reuerence them more than all other - magistrats: whereof Titus Liuius saieth, Hic annus Censurae initium fuit, a parua origine ortae, quae - deinde incremento aucta est, vt morum disciplinae{que} Romanae penes eam - regimen, Senatus, equitum{que} centuriae, decoris, dedecoris{que} discrimen - sub ditione eius magistratus, publicorum ius, priuatorum{que} locorum - vectigalia populi Romani sub nutu atque arbitrio essent, This yeare was - the beginning of the Censors office, springing from a small matter, the which - was afterwards so augmented, as hee controlled the manners and discipline of - the Romans, the assemblies of the Senate, and of knights, also the distinction - of honour and infamie were subiect to this magistrat; and the publike - rites, with the reuenues of priuat places - belonging to the people of Rome, were censuredThe charge of - the auntient Censors. by him. The Censors office then was to receiue - the number of the persons, and the valuation of their goods, to be - superintendant of the treasure, to farme out the imposts, customes, and all the - reuenues of the commonweale, to reforme abuses, to place and displace - Senatours, to dismisse the men at armes, and to censure the life and manners of - euerie one. Plutarch speakes in a higher stile, tearming - the office of Censor, Most sacred and mightie. It may be some will say, that - the charge was ouer great: yet two Censors were sufficient in so great an - empire. But their charges may be deuided: for to place and displace Senators, - that charge was giuen unto the Censors, to ease the people, saith Festus: the which could not be done in a - monarchie, - - The Censors reformers of abuses. whereas the prince - makes choyce of all magistrats, especially of his counsell. Yet it were - necessarie, that the ouerseers of the treasure should be true Censors, that is, - men without blame or reproch: for you must alwayes commit the purse to the most - trustie, and the reformation of abuses to the most vpright. As for the - reformation of abuses, it is the goodliest thing that euer was inuented in any - 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 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 - declined, like unto a bodie which leaues his ordinarie purging: this was - manifest during the second Punike warre, when as they had no time to attend - that charge conveniently, but as soone as Hannibal was - retired into the territories of Naples, then the Censors (saith Titus Liuius) Ad mores hominum regendos - animum aduerterunt, castigandaquè vitia▪ quae velut diutinos morbos aegra - corpora ex sesegignunt, nata bello erant, The Censors applyed - themselves to reforme mens maners, and to punish vices, the which had sprung vp - by reason of the warres, as continuall feauers doe in sicke and corrupt bodies. - And yet they dealt not with any abuses, but such as were not to be censured - by the Iudges: for the magistrats and the - people tooke knowledge of murthers, paricides, thefts, concussions, and such - like crimes, the which are punished by the lawes. Is it not sufficient, will - some one say, to punish crimes and offences by the law? My answere is, That the - lawes punish those offences onely, which trouble the quiet of a commonweale: - and yet the greatest offendors doe easily escape the punishment of the law, - euen as great beasts do easily breake through the spiders web. And who is so - ill aduised, as to measure honour and vertue by the lawes? Quis est (saith Seneca) qui - se profitetur legibus omnibus innocentem? vt haec it a sit, auàm augusta est - innocencia adlegem bonum esse: quanto latiùs patet officiornm quàm iuris - regula? quàm multa pietas, - - - - humanitas, liberalitas, iusticia, fides exigunt, quae extra - publicas tabulas sunt! What is he that professeth himselfe an innocent - by all lawes? how strict is innocency, to bee good according to the lawe? how - much larger are the rules of dutie than of law? how many things doe piety, - humanity, liberalitie, iustice, and faith, challenge at ourThe greatest viees are punished by the Censors. hands, the which are - not inserted in the publike tables? It is manifest, that the most detestable - vices, and that most corrupt a commonweale, are neuer called into iudgement. - Treacherie is not punished by the law, beeing one of the most abominable vices: - But the Censors (saith Tully) were not so curious of any - thing, as to punish periury. Drunkennesse, gaming, palliardise, and loosenesse - of life, are suffered with all impunity; and who can redresse these disorders - but the Censor? We see most commonweales - swarme with vagabounds, idle persons, and ruffians, who by their deeds and - examples corrupt good citisens; and there is no meane to expel this vermine, - butA necessarie reason to confirme the Censors - office. by the Censor. There is yet one speciall reason which shewes - that the Censors office is now more necessarie than euer: for that in old times - the master of every family had absolute commaund, the father ouer his children, - the master ouer his Slaves had absolute power of life and death, without any - appeale; and the husband had the like authority ouer the wife in foure cases, - as wee have shewed elsewhere: but all this now ceasing, what iustice may we - expect of the impiety of children against their fathers and mothers? of the ill - gouernment of maried couples? of the contempt of masters? How many virgins doe - we see sold and dishonoured by the parents themselves, or that rather suffer them to live loosly than to be maried, - thinking it better to cast forth their children, or to kill them, than to - nourish them? and how can all this be preuented but by a Censor?

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I dispute not of the conscience to God, the which is the chiefest and most - principal thing that ought to be cared for in euerie family & common weale; - the which care although it hath beene alwayes committed unto Bishops, - ministers, and other spirituall officers, yet the magistrat ought to have a - speciall regard that it be aboue all things held in reuerence: for although the - law of God commaunds that euerie one appeare before him at the three great - feasts of the yeare at the least, yet there are some - which neuer goe, and so by this contempt of religion, hath sprung vp by little - and little, the detestable sect of - 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 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, - but the libertie. There have beene and are at this day infinite numbers, who - although they offend not the princes lawes, yet live they most wickedly, and as - Lactantius said well, Possunt enim - leges delict - - - - a punire, conscientiam munire non possunt. Lawes may - well punish offences, but they cannot fortifie and amend the conscience. And as - for the bringing vp of youth (the which is one of the chiefest charges of a - 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, 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 - the citisens, according to Aristotles opinion, should be - all one: and so did the Atheniens decree by a publike edict, made at the - request of Sophocles, knowing well, that in vaine were - lawes made, if youth (as Aristole said) were not - instructed in good manners. All this depends on the care and vigilancie of - Censors, first to have a care of the manners and behauiour of - schoolemasters.

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I will passe ouer with silence the abuses which are committed in suffering of - commediesCommedies and playes pernitious to a - commonweale. and enterludes, the which is a most pernitious plague to - a commonweale: for there is nothing that doth more corrupt the citisens good - manners, simplicitie, and naturall bountie; the which hath the more power & - effect, for that their words, accents, gesture, - motions, and actions, gouerned with all the art that may be, and of a most - filthy and dishonest subiect, leaues a lively impression in their soules which - apply thereunto all their sences. To conclude, wee may well say that the - Commedians stage is an apprentiship of all impudencie, loosenesse, whooredome, - coozening, deceit and wickednesse. And therefore Aristotle did not without cause say, That they must have a care least - the subiects went to commedies: he had said better, That they should pull downe - their theaters, and shut the commedians out of the citie gates: Quia (said Seneca) nihil tam moribus alienum, quàm in spectaculo desidere: - For there is nothing more contrarie to good manners, than to haunt plaies. And - therefore Philip Augustus king of Fraunce, did by a - publike edict banish all players out of his - realme. If any one will say, that both Greeks and Romans did allow of plaies: I - 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 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 - although that comedies were more tollerable among - those that dwell in the Southerne parts, beeing more heauie and melancholy - 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, 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.

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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 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. - 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 - Ionique and Lidian songs, that is to say, the fift and seuenth tunes banished - out of a commonweale, and defended from all youth (as both Plato and Aristotle said it was necessarie) at - the least let not the Diatonie musike (which is more naturall than the - Chromatique or Enharmonique) be corrupted by other medlies: and that the Dorien - songs, or of the first tune (the which is proper to sweetnesse and seemely - grauitie) be not disguised into manie tunes, and so deuided, as most part of - musicians become fooles or mad men, for that they cannot tast of a naturall - musicke, no more than a weake stomake corrupted with delicates, can digest good - and substantiall meat. All this depends of the - Censors dutie: for that neither Iudges no any other - officers will euer regard it.

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They also complaine of excesse in apparell, and that the sumptuarie lawes are - 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 - commonweale: It was Clodius, one of the wickedest men of - his time, which law was sixe yeares after disanulled by the law Caecilia. - - - -

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Seeing then that to censure is so goodly, profitable, and necessarie a thing, - let vs now see, if Censors ought to have any jurisdiction: for it seemes it - should be but a iest without some jurisdiction. Yet I say, that the Censor - ought not to have anyThe Censors ought to have no - iurisdiction. jurisdiction at all, to the end that his charge be not - intangled with sutes and controversies. In like sort, the auntient Roman - Censors had no jurisdiction; but a looke, a word, and a dash with a pen, was - more bloudie, and touched more to the quick, than all the decrees and - iudgements of the magistrat. When as they made their scrutiny or suruey, you - should have seene foure or fie hundred Senators, the - order of horsemen, and all the people stand trembling before them: the Senatour - fearing lest he should be put from the Senat; the horseman from his horse, - & rankt among the baser sort: and the - simple citisen to be rased out of his order and from his line, and placed among - the tributaries: as Titus Liuius doth testifie, That 66 - Senators were rased at one time out of the register, and excluded the Senat. - And yet lest this great honour and authoritie of the Censors should make way to - aThe Censors have no power not iurisdiction. - tyranny, if they were armed with power and iurisdiction, or if any should be - condemned without hearing; it was therefore wel aduised they should have - nothing but the censuring and reformation. And therefore Tully said▪ That the iudgement of the Censors did onely make men - blush: and for that it did but touch the name, the Censors correction was - called Ignominia, Ignominie; the which differs from infamy, depending vpon the Iudge that hath publike - iurisdiction, and in causes that - - L. 1. de ijs qui ntant - infam. make men infamous. And therefore the Pretor did note them as - infamous, that were cassiered with ignominy, the which had beene ridiculous, if - they had beene infamous. And yet the doubt which Lawyers have made, If - ignominious men should suffer as the infamous; shewes plainly, that Ignominy - and Infamy is not all one, as manie have supposed.

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By the auntient custome of Greece, it was lawfull to kill any one, or any of - his children that was noted infamous, as the Orator Libanius saith in his pleading for Halirhotius. - Now although the Censor had rased any Senator out of the Register booke, yet if - he would make petition unto the people he was admitted, and sometimes absolued - and restored: but if there were any accuser that did second the Censor, or if the Censor himselfe would accuse any as - a priuate man, if the accusedA censure is no - iudgement. were found guiltie, and condemned by the people, or by - Commissioners deputed by the people, then was he not onely ignominious, but - also infamous, and declared incapable euer to beare office: and therfore those - which were censured, they were not iudged, but yet they were as a man may say, - foreiudged: and if the Censor were an eloquent man, he would oppose himselfe as - 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, - 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 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 - for the better confirmation hereof, Cicero brings in an - example of Caius Geta, who was excluded the Senate by - the Censors,Pro Cluentio▪ and yet afterwards he was - chosen Censor: and a little after speaking of censuring, he saith▪ That the - auntients would have the Censors office to carrie a certaine feare, and not a - punishent. The which was partly the cause why the Claudian law was disanulled, the - which would not have any Senator excluded the Senat, nor rased out of the - registers, if he were not accused before both by the Censors, and condemned by - either of them, the which had imbased the office of Censor, being so reuerend, - as the Senate of Rome would not permit the Censors (after their charge expired) - to bee accused, or called in question for anie thing that they had done during - their charge: the which was lawfull against all other magistrats. And it seemes - for the same reason the Emperour Constantine did teare - the libels of accusation propounded against the Surueilans or Ouerseers at the - Councell of Nice, saying, That he would not iudge them that were Censors of - euerie mans life. And for the same cause Charlemaine in - his constitutions hath made a Canon, That no prelate should be iudged without 72 witnesses, freeing the Pope from - 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 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 - so the ecclesiasticall censure amongst Christians, hath not onely maintained - discipline and good manners for many ages, but hath - also made Tyrants to tremble, and reduced Kings and Emperours unto reason, pulling oftentimes their crownes from their - heads, and their scepters out of their hands, forcing them to make peace or - warre, to chaunge their dissolute life, to do justice, and to reforme the - lawes. All the histories are full, but there is none so famous, as of Saint Ambrose, who did censure Theodosius the Great, and Nicholas 1 Pope, who - censured Lothaire King of Italy: and Innocent, who did excommunicate Lewis 7 King of - Fraunce, to whom for three yeres space no priest durst administer the - Sacrament.

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True it is, that the abuse of a censure of so great consequence, hath made the - ministers, the discipline, and their censure to be contemned, the which - consisted in interdiction, suspension, and excommunication: for many vppon - light causes, and without cause did - excommunicate, yea they have set downe 39 causes wherin a man did incurre - excommunication ipso facto, without iudgement or - sentence; and which is more, they did excommunicate Corporations, Colleges, - Vniuersities, Emperours, Kings, and Kingdomes, without distinction of age, - sexe, innocents, or mad men, although since (but too late) they have somewhat - corrected this abuse: but in this kingdome it was decreed by the statutes of - Orleance, that they should not vse any excommunication, but in crimes and - publike scandall. The Prelats, Bishops, and Popes, have alwayes pretended the - censure of manners and religion to belong unto them, as a thing whereof judges - and magistrats take no knowledge, but in case - of execution. And since the auntients and ouerseers have used the like - prerogatiue in many places, a thing which is verie necessary, if there be no - Censors, as well to reforme the peoples manners, and to watch ouer them, as to - countenance the dignity of Pastors Bishops and Ministers, whom we cannot - esteeme and honour too much, for the charge and dignitie which they beare; God - did wisely prouide, making choice of his ministers, and giuing the prerogatiue - of honour unto the tribe of Leui, aboue all the tribes, - and to the family of Aaron, of the which the Priests - only were, aboue all the Leuits, giuing them the tenths of cattell, fruits, and - of all heritages, with great honours and priuiledges: and by an article of the - law of God it is said, That he that shall disobey the sentence - - - - . 17. of the high Priest, shall be put to - death. And they that shall abase the estate of the Ministers, Bishops, and - Auncients, and seeke to take from them, all ecclesiasticall censure, with their - goods and honours, to see them poore and scorned, they contemne God, and regard - not religion, the which is a matter verie considerable: andThe pouertie and contempt of the ministers makes religion to bee - contemned. it was partly the chiefe cause, why the chiefe Minister of - Losanna forsooke the towne, for that the heads of the Cantons could not indure - that the Antients should have the censuring of manners: yet the one is most - necessarie in euerie well gouerned commonweale, either to create Censors▪ or to - submit themselves to the censure of the Bishops.

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The Seigneurie of Geneue reserues this prerogatiue to their Bishops, - Ministers, and Auntients, to have the - priuiledge of a Corporation, and to censure the lives, and manners of men in - their consistorie, and yet without any iurisdiction to commaund, or to execute - their sentences, either by themselves, or by the officers of the Seigneurie, - but for disobedience they excommunicate him, a matter of greater consequence: - for the person excommunicated, after a certayne time is pursued criminally - before the magistrate, by the Inquisitour of the faith, as in the catholike - church, but not so soone: for there hath beene some one excommunicate fifteene - yeeres, and afterwards conuented before the Inquisitor of the faith, who meant - to proceed against him, hee hath appealed to the Parliament, where his - appellation was reiected, & he condemned in a - fine, decreeing, that he should be seized on, and carried to the Bishops prison, commaunding the Inquisitor to - proceed in his triall, euen unto a definitiue sentence, and to certifie the - Court. It was in those daies, when as it was lawfull to excommunicate any man - euen for pettie debts, although the debtors had made it knowne that they had - 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 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 - inconuenience, good manners and discipline is - abolished: but there is no reason, that for disobedience in slight matters, - they should vse such censures.

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The auntient Censors did set notes and marks vppon the registers against those - that deserued it, to aduertise their successors in their charge of those that - were so noted, if they did not amend. In my opinion that should suffice, and - not to proceed against them by any amercements, or to excommunicate them for - want of paiment. I leaue it to the wise to decide, whether it bee better to - diuide the temporall censure (touching maners & other things aboue - specified) from the ecclesiasticall censure, or to ioyne them together. But yet - it were better to allow both to the Bishops & Antients, than to take all from them, and thereby to depriue the - commonweale of that which is most necessarie: for wee see those estates which - doe vse it, to flourish in lawes and good manners: we see whooredome, vsurie, - mummeries, and excesse in all things rooted out, the blaspheamer, ruffian, and - idle vagabound banished; and without doubt, those commonweales which shall vse - such censure, shall continue and flourish in all vertues: they which neglect - lawes, vertue, and religion, will bee contemned, as it happened in Rome not - long before the ruine of the empire; when as in stead of Censors, they created - an office which they called The Tribune of Plaisirs, as we may note in Cassiodorus. But for that the Censors office was first - instituted in regard of taxes, subsidies, and imposts, and to make a stocke for - publike necessities, let vs also speake of - treasure.

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- - - - CHAP. II. Of Treasure. - -

- - IF Treasure be the sinewes of a commonweale, as an - auntient Orator said, it is verie necessary to have the true knowledge thereof, - firstMony the sinewes of a Commonweale. to see by - what honest meanes to gather money together; secondly, to imploy it to the - profit and honour of the commonweale; and lastly, to spare and to reserue some - part for all needfull euents, least the - publike treasurie being exhaust, the commonweale might bee oppressed with - sudden calamitie. We will therefore handle these three poynts euerie one in - order.

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Touching the first poynt. There are many craftsmasters in matters of imposts, - which know many meanes to raise vp great summes of money, but they neuer had - the true knowledge of honour and honestie. But leauing these cunning - politicians I will follow those, who as they have had a great care of the - treasure, so have they sought by honest meanes to increase the reuenues of the - commonweale, lest the citie by want should be drawne into danger, and the - prince forced by vnlawfull meanes to sucke the priuat - wealth and bloud of his subiects, as it hath happened to those that seemed best acquainted with politike affaires: amongst - the which the Lacedemonians are named, whom not content with their owne - territories, as their master Licurgus - - - - Polib. l. 6. de milit. ac domest. - Rom. disciplino. - - had taught them, taking from them all vse of gold and siluer, inioyning - them to make money of iron, least that strangers should grow in loue with the - Lacedemonians countrie, or they with that of strangers, supposing thereby not - 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 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 - need, with defence not to vse it for anie priuat occasion: but their treasure - 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 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 - conquestSeuen meanes to gather treasure. from the - enemie: The third, by the liberalitie and gift of friends: The fourth - by the pensions & tribute of their - alies: The fifth, vpon traffike: The sixt, vpon marchants, which bring in and - carrie out marchandise: And the seuenth vppon the subiects imposts.

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Touching the first, which growes by the reuenues, there is not any seemes to - mee more honest & sure. So we read that all the antient monarchs and - law-giuers, which builded new cities, or transported new colonies, they - assigned (besides the streets, temples, theaters, & the possessions of - priuat men) certaine places fit for the commonweale, and free to all in - general; the which were called Commons, and let out to priuate men for a - certaine time, or for euer, paying a yeerely rent into the Treasurie or - - - 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, 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 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 - thousand for the citisens. Yet Plutarch sets downe twise - as manie citisens, and saith that - - 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 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 - was two hundred and threescore yeares after Romulus: Aranti - sua duo iuger a Cincinato viator inquit, vela corpus & audi mandata - Senatus: Cincinatus plowing his two acres, Passenger (saith he) vncouer - thy bodie, and heare the commaundements of the Senat. And Denis Halicarnasseus holds the first opinion; hee was in houshould - with Marcus Varro, the true Register of all Roman - antiquities. But since by the law Licinia, euerie - citisen was allowed to have seuen journies or acres of - land. If it be true which wee read in Pliny, or Collumella: - - - - Post exactos Reges Liciniana illa septem iugera, quae plebis - Tribunus viritim diuiserat, maiores questus antiquis retulêre, quàm nunc - nobis praebent amplissima veruacta, After the expulsion of the kings, - those seuen acres which the Tribune deuided to euerie one by the law Licinia, did yeeld our auncestours more profit, than now - 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 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 - warre, alwaies entertained to serue at need: all the other citisens were either - husbandmen, or Slaves. Wee read also, that Ezechiel, in - reforming the abuses of the princes of the Hebrewes, appoynted certaine lands - for the sacrifices, some common for the people, besides the reuenues for the - entertainement of the kings house, and to serue for publike expences. To the - end (saith hee) that the princes shall no more grieue my people with exactions - and imposts. Although from the beginning of the Israelits kingdome, the kings - had some reuenues; for the towne of Ziceleg, with some land being giuen to Dauid by king Achis, continued for - euer as part of the kings reuenues, and was neuer alienated. Of the regall - reuenues some are publike, some are priuate, the last may bee sould and made - away, the first neuer. And to the end that - princes should not bee forced to ouercharge their subiects with imposts, or to - seeke any vnlawfull meanes to forfeit their goods, all Monarchs and States have - held it for a generall and vndoubted law, That the publikeThe publike reuenues by nature are inalienable. reuenues should be - holy, sacred, and inalienable, either by contract or prescription. In like - sort, kings (especially in this realme) graunting their Letters pattents for - the reunion of crowne lands, declare, that they have taken an oath comming to - the crowne, in no sort to sell or make away the reuenues: and although it were - duely and directly made away, were it for euer, yet is it alwayes subiect to - bee redeemed, and in such sort as the prescription of a hundred yeares, which - giues a iust title to the possessor, doth not touch the reuenues of the crowne. - The edicts, decrees, and - - Nulla preseriptia occurrit Regi. ordinances of this - realme are notorious, not onely against priuate men, but euen against princes - of the bloud, who have beene put from the deuision of the reuenues, & the - prescription of a hundred yeres. And this is not peculiar to this realme alone, - but common to the kings of England, Spayne, Poland, and Hungarie, who are - 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 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 - also, that the same ordinances were religiously observed in two the most goodly - commonweales that euer were, Athens and Rome, whereas two great personages, Themistocles and Cato the Censor, - caused all the publike reuenues to bee seized on, the which had through tract - of time, and sufferance of magistrats beene vsurped by priuate men, saying in - their orations, Nec mortales contra deum immortalem, nec - priuatos contra - - Plut. in Catone Censorie, & Themist. - - Rempub▪ praescribere posse, That mortall men could neuer - prescribe against the immortali God, nor priuate men against the commonweale. - And therefore the court of Parliament vppon a civill request obtained by the - kings Proctor generall, against a decree made in - favour of the successors of Foelix of Nogaret, to whom - king Philip - - the faire 260 yeares before had giuen the - lands and Seigniorie of Caluisson, for his vertues and well deseruing of the - commonweale, whereby it was reuoked unto the Councell: shewing therby that - prescription hath no place, when there is any question of the reuenues of the - crowne. And the court of Parliament at Rouan, by a sentence giuen the 14 of - 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 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 - of England in a treatie made with the Pope and potentates of Italy, in the - yeare 1527, caused this clause to be added, That they might not giue away any - thing of the crowne of Fraunce, for the redeeming of king Frauncis: and vpon this poynt the breach of the treatie of Madrid was - grounded, for that the auncient custome of this realme, conformable to the - edicts or ordinances of other nations, requires the consent of the three - estates: the which is observed in Poland, by a law made by Alexander king of Poland, according to the disposition the common law, - vnlesse the sale were made at such time as the enemy had inuaded the - countrie: and that the forme be observed - from poynt to poynt, as in the alienation of pupils goods (the commonweale - being alwayes regarded as a pupill) and if there be any thing omitted, it is - all of no force, or at the least it is subiect to rescission, without - restitution unto the purchasor of the thing purchased. Neyther can the prince - challengeL. si secundum C. de - Reip. that unto himselfe which belongs unto the publike, no more than - a husband can his wiues dowrie, wherin the prince hath lesse right; for the - husband may abuse the fruits of his wiues dowrie at his pleasure, but a prince - may well vse, but not abuse the fruits of a publike dowrie: as the citisens - that were in societie with the Athenians complained, that the publike money was - to be put in Apolloes treasury, and not to be wasted by - the Athenians. - -

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Our kings have and doe acknowledge, that the proprietie of the crowne lands is - not the princes: for king Charles the 5 and 7, would not - have the crowne lands pawned, vnlesse the Parliament at the instance of the - kings Proctor had so decreed, as we may see in the auntient registers of the - 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 - (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 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 - maintenance of their houses and the commonweale. And we doe also read, that Antonius Pius lived of his owne inheritance, applying - nothing that belonged to the publike, to his priuat vse: whom king Lewis 12 (called the father of his countrie) doth seeme - to imitate, who would not mingle his patrimony & reuenues, with that of the - publike;The publike renues and - the princes patrimony differ. erecting the chamber of Blois for his - lands at Blois, Coussy, and Montfort: and yet many have erroniously confounded - the publike with the princes priuate lands. Neyther is it lawfull for - soueraigne princes to abuse the fruits and reuenues of - the crowne lands, although the commonweale be in quiet and free from all - trouble; for that they have the vse onely, and - ought (the commonweale and their house being maintained) to keepe the - surplusage for publike necessitie: although that Pericles said to the Ambassadours of the confederats, That they had no - interest in the imployment of the treasure, so as they were maintayned in - peace: for it was contained in the treatie of aliance, that the money which - should be raised in the time of peace, should be gared in Apolloes temple, and that it should not bee imployed but by a common - consent. But there is great difference betwixt the Treasurie or Exchequer in a - monarchy, and in popular states: for a prince may have a treasurie of his - priuate patrimony, the which was called Fiscus by the - Auntients, and that of - - Asconius et vlp. in l. 2. §. hoc - interdictum. Ne quid in loc pub. - - the publike reuenues Aerarium: the one being - 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 - a commonweale: for it is well knowne, that the publike reuenues consist chiefly - in that which Dukes, Marqueses, Earles, and Barons did sometimes possesse, the - which, either by succession, dowrie, or by confiscation, have come unto the - state in Lordships, coppiholds, in fees, alienations, sales, seazures, rents, - amercements, rights, confiscations, and other regalities, the which are not - subiect to imposts and ordinarie charges, and oftentimes are gotten by them - which are free from all charges. Moreouer, - commissions graunted to sell the publike reuenues, for the making of money - speedily, allow it to be sould for ten yeares purchase, when as priuate - landsBy the edict of Francis 1, in the yeare 1544. - in fee with iustice are sould for thirtie yeares purchase, and those that have - dignities at fiftie yeres and more: so as some with purchase of the publike - lands, reape in one yeare more profit by the iurisdiction, than they paid for - the land. Others have paidThe great preidice that comes by publike sales. nothing at - all, taking the valuation of the reuenue by extracts from the Chamber of - accounts, giuen in by the receiuers in ten yeares, who oftentimes have not - receiued any thing, for that the profit of inferiour iustice is made in the - chiefe and regall court. As for sales, the purchaser hath more profit, than the - interest of the money which they have payed can amount unto: as also the - receiuers of the reuenues are not accustomed▪ - to giue any account of casualties, but for a small part. But in farming out the - crowne lands, the farmours are lyable to subsidies, and are charged according - to their abilities.

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There are infinite more abuses which the commonweale sustaines by the sale of - their reuenues, but the greatest is, that the money which is made is not put - out to rent (like unto those that thinke to be good husbands) but is most - commonly wasted and giuen unto them that have least deserued, and so for want - of money to redeeme this land, the commonweale falles to decay: then doe they - also sell the commons wherby the poore are releeued. It were more fit to sell - the waste lands of the commonweale,The waste lands may be - sold. the which no man will hire, and brings no benefit to the - commonweale, to the end the Treasury may bee - enriched, and that the citisens may profit by the tilling thereof: but if they - may have a farmour, it is not lawfull to sell it, although that Aristotle commends them of Constantinople, who sould - their lands for a continuall rent, the which is a meere alienation, and money - taken before, diminisheth the rent: the which was expressely defended by an - edict made by Charles the ninth. And although that - afterwards he made an other edict for the renting out of waste lands, and - paying of fines, by the persuasion of such as sought to make money: yet the - Parliament of Paris vpon the verification of the said edict, decreed, That the - rents should not be redeemed, and that there should bee no fine payed at the beginning; and for that the Commissioners for this - sale did sue unto the King that it might bee - lawfull to giue money at the entry, the Court (all the Chambers being - assembled) decreed, That the purchasers might not giue aboue a third of the - summe at the entry, in regard of the value of the lands: the which third part - should7. May 1566. be receyued by the Receyuers of - the reuenues apart, to bee imployed to redeeme the reuenues that were sould, - imposing a quadruple penaltie to bee leuied, as well vppon the receyuers, as of - those that had gotten any assignation of the said money. And it is not heere - needfull to relate what losses the king and commonweale have sustayned by such - alienations of waste lands. King Frauncis the second - commingIn the yeare 1559 to the crowne, commaunded - his Proctors and magistrats to redeeme the publike reuenues from priuate - occupiers: wherein he complayned, that the crowne lands and reuenues were so dismembred and wasted, as that which - remayned did not suffice for the charges that were laid vpon them. But our king - hath farre greater cause to complayne now, when as there scarce remaynes any - thing that is to bee sould. In the generall accounts of the treasure made in - Ianuary, in the yeare 1572, there wasIn the yeare - 1572 no receit made of any reuenues, although there were six & - thirtie thousand crownes a yeare in the receit, when as king Frauncis died, as it appeareth by an account of the treasure made in - the yeare 1569: and by the same estate the alienation of the reuenues,What the alienation of the reuenues of Fraunce amount unto. A - liure is two shillings. impositions, and subsidies amounted to - fourteene millions nine hundred sixtie and one thousand foure hundred and - seuentie liures, fifteene soulz, and eight deniers; not comprehending twelue - hundred thousand liures for the fourth and halfe fourth, and foure hundred and fiftie thousand liures, in regard of fifteene - liures vppon the strike of salt, the which the country of Guienne redeemed in - the yeares 1549, and 1553. whereby is plainely appeares, that the kings - reuenues are almost all ingaged and made away, for fifteene or sixteene - millions at the most, the which is worth aboue fiftie millions: for that - Earledomes, Baronies, and other Seigniories have not beene sould for aboue nine - yeares purchase: and if it were redeemed and let to farme, it would amount - yearely to almost three millions, the which would suffice to entertaine the - kings house in state, and to pay most of the officers their wages, not medling - with any of the other ordinarie or extraordinarie charges. And if wee may compare a small kingdome with a greater, the - 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, 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.

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True it is, that a setled peace for these fifteene yeres hath much preuailed - for the maintenance of the state of England; and warre for the ruine of - Fraunce, if God had not sent our King Henrie 3 from - heauen to restore it to his first beautie. But we must obserue that for the - preseruation of the reuenues of a commonweale, most commonly that of a monarchy is better husbanded than in a - popular state, or inIn a popular state the reuenues are ill - husbanded. that which is gouerned by few of the better sort; whereas - the magistrats and ouerseers of the treasure conuert the publike to their owne - priuate profit: and every one striues to gratify his friends, or to purchase - the peoples favour with the preiudise of the commonweale: as Caesar did in his first Consulship, who deuided the territory of Capua - among the people, and abated the rents of the farmes a third part, after that - hee had beene well bribed. And ten yeares after Quintus - Metellus Tribune of the people, to winne their favour, published a law - to take away the toles in all the ports of Italy. In like sort, Pericles to have credit with the people of Athens, made - distribution of great summes of money, the which - had come into the treasure. This happens not - in a monarchie, for Monarchs which have no more certaine reuenues than their - lands, and that have no power to impose subsidies or other charges vpon their - subiects but with their owne consents, or vppon vrgent necessitie, are not so - prodigall of their crowne lands. It is not needfull to discourse any further of - reuenues, being impossible to order it better than was by the edict of king Charles 9 if it were duely executed.

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The second meanes to gather treasure together, is by conquest vpon the - enemyThe second means to gather treasure. to - recouer the treasure wasted in warre: So did the antient Romans; for although - the sacke and spoyle of townes forced, belonged to the Captaines and souldiers, - yet the treasure was carried into the - treasurie of Rome. And as for the townes yeelded or taken by capitulation, the - armie had but their pay, and sometimes a double pay, (before that the - discipline of war was corrupted) & the treasure of the vanquished was - carried to Rome, if they had not otherwise capitulated. All the gold and siluer - (saith Titus Liuius) and all the brasse that was taken - from the Samnites, was carried to the treasurie. And speaking of the Gaules - beyond the Alpes, he saith, That Furius Camillus carryed - into the Capitoll 170000 pounds of siluer which hee had taken from them: and - that Flaminius caused to bee brought out of Spaine of - the spoyles of Greece, the value of three millions & eight hundred thousand - crownes, besides siluer, rich moueables, armes and ships. Paulus Aemilius brought thrice as - much out of Macedony. Caesar caused aboue fourtie - millions to be delivered into the publike treasurie, by the report of Appian. Wee may see from the 33 booke of Titus Liuius to the 34, infinite treasures brought to the - Treasurie of Rome of the spoyles of conquered nations. And although all were - not brought in by the Generals, yet fearing to bee charged with corruption, or - to bee frustrate of their tryumphs, they alwayes delivered in great summes: for - 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 five - millions of gold of his conquests into the treasurie, besides the value of ten - 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 - of his enemies, yet did he bring more into the Treasurie than any of the rest, - except Caesar: the which I thought fit to obserue, for - that commonly wee imploy the treasure for the charge of the warres, and yet in - all victories and conquests there neuer comes a crowne into the Exchequer, and - oftentimes the sacke & spoile is giuen before the townes be taken or - yeelded.

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The Romans were not contented with their treasures and spoyles, but they - condemnedThe punishment of the vanquished. the - vanquished to loose a part of their territories, the which commonly was the seuenth part. Since, some have bene condemned - to loose a fourth or a third part of their lands, as in Italy, beeing subdued - by Odocres king of the Herules. And soone after Hortarius king of the Lumbards condemned the vanquished - to pay him yerely the moytie of their reuenues: as also the Romans had done - unto the Doriens long before. But William the Conqueror, - after he had conquered the realme of England, declared all the countrey in - generall, & every mans inheritance in particular forfeyted unto him by the - law of armes, intreating the Englishmen as his farmours. Yet the Romans have - alwayes shewed themselves courteous and affable in that poynt, sending Colonies - from their citie to inhabit the conquered countryes, distributing to every one a certayne quantitie: and by this meanes they - freed their Citie from - - The great benefit which growes by Colonies. beggers, - mutinies, and idle persons, and did fortifie themselves with their owne men - against the vanquished, the which by little and little did linke themselves in - marriages, and did willingly obey the Romans, who by this meanes also have - filled the world with their Colonies, with an immortall glory of their iustice, - wisdome, and power: wheras most part of conquering princes plant Garrisons, - which serue onely to spoyle and oppresse the subiects. If our kings after the - taking of Naples and Milan had practised this course, they had yet continued in - 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, 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 - to every one fifteene acres of land and two oxen, and seed for one yeare: and - at the end of twelue yeares he tooke the moytie ofThe Turks - order to make many, & for the warre. their fruits, the which hee - continued for euer. Amurath the first dealt more mildly - with the Timariots, giuing them certayne lands and rents, to some more, and to - others lesse, vpon condition they should attend him in the wars when they were - called, with a certayne number of horse: and if the Timariot chanced to die, - the fruits should acrue unto the Prince, vntill that hee had aduaunced some - other, by way of gift. And generally the tenth of all successions belonged to - the prince (the which grew by the law of - armes, and by the princes conquering another mans countrey) and not by way of - imposition vppon the auntient subiects. Whereby it appeareth, that the greatest - and clearest reuenues which the Turke hath, are in manner casuall, and the - warre is defrayed without any new charge.

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The kings of Castile have done in manner the like at the West Indies, and - 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: - taking moreouer the fift of all the pearle and mynes; so as euerie two yeares - there comes clearely into the kings treasurie in Spayne, neere foure millions - of gold, the which is called, The port of - civill. But it is reason, that the conquests which are made vpon the enemie, - and which augment their treasure, should also ease their subiects: as they did - in Rome after the conquest of the realme of Macedon, the Romans were freed from - taxes, imposts, and subsidies.

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The third meanes to augment the treasure, is by liberalitie of friends or - subiects, be it by legacie, or by donation during life: the which wee will - speake briefly of, forThe third meones to gather - treasure. that it is vncertaine, besides there are few princes that - giue, and fewer that receiue without requitall: for if a prince giues to one - that is more rich and mightie, it seemes it is for feare, or vpon some bond, - & somtimes he that receiues it, accounts it as a tribute. The Emperour of - the Turkes sets to the view of all the world, as - - The magnificence of the Emperours of Turky. well - those presents which are sent him from his friends, as those that come from - tributaries, to shew how much hee is feared of strangers, defraying the - Ambassadors charges with great bountie, the which neuer prince nor people did. - But we find that the Auntients used an other kind of bountie and liberalitie - than they doe at this day: for at this day they giue not often but to such as - are in greatnesse and prosperitie, and the Auntients gaue in aduersitie. When - as Hannibal had in a manner quite vanquished the Romans, - and taken from them almost all Italy, the king of Egypt sent the value of 400 - 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 - 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 - there was a combate of honour, in the one to giue, and in the other to refuse. - But the Romans have surmounted all other nations in courage and resolution in - their aduersities: as for other princes and people they were not so nice to - 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, 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, - and in siluer much more, with twentie thousand bushels of wheat, and three - thousand beasts for sacrifices, besides great store of stuffe, and an infinite - number of Architects and workemen the which hee entertayned at his owne charge - for the building of a Colledge: so as the Seigniorie of Rhodes for an old - broken image, and some crased ships, were greatly enriched by the bountie of - other princes.

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It was common to the kings of Egypt to glorie in their bountie to others: for - wee read in a manner the like of Ptolomie the first, toward the citie and inhabitants of - Ierusalem, to whom he sent the value of two hundred threescore and - sixteeneIoseph in anti. - thousand crownes, to redeeme a hundred thousand Slaves of their nation; and - ninetie thousand crownes for the sacrifices, besides a table of massy gold to - set in Gods Temple: and the great presents he gaue to the 72 Interpreters, - which translated the Bible out of Hebrew into Greeke. And as it was and will be - alwayes tollerable for pettie princes and small Siegniories to accept the - 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 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 - king of Bithinia, Coctius king of the Alpes, and Polemon king of Pontus, left the people of Rome heires of - their goods & kingdoms. As for guifts from the subiect, the which the - antients called oblations, there were few or none at all: for charitable gifts - 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 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 - townes and communalties of the empire: the which in time proued a forced - subsidy, vntill that this force was taken away, the guifts remaining voluntary - to gratyfie the Emperour, when as hee had obtayned any victorie against his - enemies.

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The like may bee sayed of the imposts which in Spayne they call Seruice, - theSeruice of Spaine. which was freely graunted to - the kings of Spayne to entertayne their estate more honorably; and since it was - almost conuerted into an ordinary charge. Wee find - likewise that the kings of Persia contented themselves with the voluntary gifts - and presents of diuers kinds that came from - 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 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 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, - handy works, gold and siluer, without any other commission, or letters patents: so as for the greatnes of his maiesty, it is - more befitting to have them obedient unto him, than to send foorth his - 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 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 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 - reproched Marc Antonie in open Senat, That hee had - inriched himselfe by their testaments whom hee had neuer knowne; and yet Cicero confesseth that hee himselfe had gotten by - testaments a million of crownes. But tyrants tooke all without any distinction: - for there was no better meanes for any one to assure his testament, than to - giue somewhat unto the tyrant: but if the testament were imperfect, the tyrant - seazed vppon the whole succession, the which is reproued by the law, for which - cause the custom to make Emperours and Princes - their heyres, ceased.

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The fourth meanes to augment and intertayne the treasure, is by pensions from - their alies, which are payed in time of peace, as well as in warre, for - protection andThe fourth means to gather treasure. - defence against their enemies; or else to have counsell, ayd, and comfort at - need, according to the tenor of the treatie. I say, that a pension is payed by - friends and alies; for a soueraigne prince which hath capitulated with another - to pay him some thing yearely to have peace without any treatie of amitie or - alyance, is a tributary:Who bee tributaries. as Amiochus king of Asia, the Seigniory of Carthage, the - kings of Sclauonia, and many other princes and states were tributaries to the - Romans, the kings of Arabia and Idumea to Dauid, and the - princes of Asia to the kings of Persia. And for this reason the treaties of aliance betwixt the house of Fraunce, - and the Cantons of the Swissers, specify, That the king shall giue an ordinary - pension of a hundred pounds to every Canton for a peace, and two thousand for - an aliance, besides all extraordinaryThe difference of a - pension and tribute. pensions, and their pay in time of warre, & - they to do him seruice in his court for the guard of his person: which doeth - shew, that the Swissers and Grisons are pensioners to the king, considering the - mutuall aliance, and the seruice they owe for this pension. In like sort he is - no tributary that corrupteth his enemies Captaynes, as Pericles did to the Lacedemonian Captaynes, not (as Theophrastus sayd) to purchase a peace, but to deferre the warre. But - wee may say, that the Cantons neuer made a more - profitable league for their estate, both to inrich themselves, & to traine - - - The Swissers pensions came to 14000. pound sterling a - yeare. their subiects vp in armes at another mans cost, and also to - send swaggerers and idle persons out of their countrie. By the account of him - that payed the Cantons, the ordinary and extraordinarie pensions came yearely - at the least to six score or seuen score thousand liures: and in the yere 1573 - they came to two hundred eighteene thousand liures. The pensions that were payd - to the Germaine Commaunders21800 pound. the same - yeare, amounted to six score and twelue thousand liures, besides their12300 pound. entertainement in warre.

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It is necessarie for great princes to giue pensions to the Secretaries, spies, - Captaines, Orators, and houshold seruants of their enemies, to discouer their - counsels and enterprises: and experience hath - often taught, That there is no greater meanes to maintayne his estate, and to - ruine his enemies: for the strongest place is easily taken, so that an asse - laden with gold may enter it; as Philip the first king - of Macedon said, who by his gifts & liberalitie subiected almost all Greece - unto him. And the kings of Persia had no better means to keepe the forces of - Grece out of Asia, than by goodly pensions: for it is hard that he which - receiueth should not doe some seruicePlut in Lisand▪ & - Agesilao. in requitall of his money; for he is tyed by bond, or - forced through shame, or mooued with hope of a greater benefit, or with feare - least hee that had corrupted him should accuse him: for princes do seldome giue - any great pensions unto strangers, vnlesse they first sweare against their - natiue countrie: as a Germane prince sayd at - - Whereunto pensioners are bound. a dyet at Wormes in - the yeare 1552. There was the same yeare a prince, who since is dead, the which - offered to an Ambassador in his masters name, that for two thousand crownes a - yeare pension, he would discouer unto him all the secrets, practises, and - negotiations of his countrie, and to imploy all his meanes to preuent any thing - that might be done in preiudice of him that should pay the pension. These men - are much to be feared, especially in a popular estate, in the which it is more - easie for a few priuat men that gouerne the commonweale to betray it, than in a - monarchy, wherein the prince accounts all that is publike his owne, and - therefore hath care of it as of his owne. But such rewards and corruptions can - neuer bee profitable to them that giue it, if it bee not kept secret, the which - is impossible, if there be many. - -

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The kings of Persia and Macedone gaue none pensions but a small number of - Orators and Captaynes of the Grecians: and the king of Egypt for seuen thousand - crownes pension, which he gaue to Aratus, had the whole - estate of the Atheians at his deuotion. And therefore it seemes strange to me, - why our kings (besides the ordinary pension of the Swissers) have giuen - extraordinarily to about two thousand of them which exceeded the rest in credit - and dignitie; as king Henrie the second did, the which - were knowne by their names and surnames, and gaue their acquittances; beside - the priuate pensions, the which were payed by roll, and came yerely to 49299 - liures: happely it had bene better to have giuen the moity of these pensions to - few men of authoritie, and secretly without any acquittance: for sometimes - - - 4929 pound 4 shillings. a pensionar had rather lose - the greatest reward of any prince, than to giue a note of his hand for the - receit of the money: as that English lord Hastings, to - whom king Lewis 11 gaue 2000 crownes pension, the - bringer demaunded an acquittance for his discharge onely unto the king as he - said; whereunto the lord Hastings answered, That he - would receiue his pension, but he would giue him no acquittance: the which the - king demaunded earnestly, to make vse of it in time, and to bring him in - suspition of a traitor to his countrie. There are also somethings not only - secret, but also dishonest, for the which pensions are giuen, although some - hold nothing foule nor vnlawfull that is done for the benefit of his country; - for my part I hold this fact no lesse odious, that - shall suborne the houshould seruants of princes to murder their masters, or if they cannot kill them by force, to - poyson them, than hee that shall take a reward for so fowle a fact. Wherein Pericles was commended, who giuing vp his accounts, set - downe an article of ten thousand crownes disbursed without warrant, shewing - neither acquittance nor cause of it: the which the people allowed without any - further inquiry, knowing well the wisdome and loyaltie of the man in the - gouernment of the commonweale. It is most certaine, that a secret pensionar - giuingPlut. in Pericl. an acquittance, is alwayes - in feare to be discouered, whereby hee shall neither dare, nor be able to doe - any thing in favour of him that giues him a pension. Besides, it is dangerous - when pensions are giuen publikely, the iealousie of such as have none will be a - cause of quarrels and partialities, as hath oftentimes happened in - Swisserland, in such sort, as those which - had lesse than others, or none at all, were very vehement to have the priuat - pensions put into the receiuers hands with the generall pensions: the which the - king denyed, saying, That he would rather restraine his liberalitie.

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The fift meanes to gather together treasure, is by trafike, which the prince or - the state vseth by his factors; although there be few princes that doe vse it: - and by theThe fift meanes to gather treasure. lawes - of this realme, England, and Germanie, it is not lawfull for the gentry to - trade in marchandise, else must he lose his qualitie: and by the law Claudia, no Senator of Rome might have a vessell at sea - contayning aboue fourtie bushels. Questus omnis (inquit - Lauius) patribus indecorus visus est, All gaine (saith Titus Liuius) was held vnseemely for the fathers. And afterwards by the Emperours decrees it - was generally defended for all gentlemen and souldiers, and by the Canons for - all church men to trade in marchandise. And the Persians in a mockery called - Darius, Marchant, for that he forced them to those - charges, which at the first they gaue him voluntarily. But yet in my opinion it - is more seemely for a prince to be a marchant, than a tyrant; and for a - gentleman to traffike, than to steale. Who is ignorant, that the kings of - Portugall being restrayned within straight limits, and not well able to - 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, 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 - become lords of the best ports of Affrike, and have seazed vppon the Ile of - Ormus in despite of the king of Persia: they have taken a great part of the - kingdome of Marocco, and of Guinee, & forced the kings of Cambar, Calecut, - Malache, and Canauor to do them homage, treating a league & commerce with - the great Cham of Tartaria: they have pulled from the - Turks & Sultans of Egypt the greatest riches of the Indies, and filled - Europe with the treasures of the East, passing euē to the Molucques: which the - kings of Castile pretend to belong to them, by a deuision made by pope Alexander 6, notwithstanding the marchants of Genua & Florence desired to free it for - 35000 duccats, which Iohn 3 king of Portugal had paid - 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, 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 - losse as from the Portugals, taking from them their gayne of the Easterne - parts. Neither doth the Trade of Marchandize ingrosse - dishonour, or imbase the - - The Gentlemen of Italie trade in marchandie. the Signiories and nobilitie of Italie, - neither did Tully disallowe of it, but of such as sold - 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 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 - Subiects to make fat, and if by chaunce they died, he made them pay for them: - he bought the oyle in Apulia, and gaue his owne price; and the wheat in grasse, - and sold it a gaine at the higgest price he could, forbidding all others to - sell vntill he had sold his. But of all the - traffiques and marchandize which PrincesThe most pernitious - 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, 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, - who three yeares before, not onely sold offices, but also benefices, as he did - the Bishopricke of Cremona for 20000 Duckats, - and had also resolved to leaue two hundred and twentie thousand Duckats, by - halfe a Duckat for euerie chimney within the territories of the Church, making - his pretext of warre against the Turke. But for that these traffiques are so - filthie, and of such dangerous consequence, the which being once begun, doe - neuer cease, it were better to trie all other meanes, than once to giue way - unto them.

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The sixt means to encrease treasure, is vpon the marchandize that are - broughtThe sixt means to make money. in, or - carryed out, the which is one of the antientest and most vsuall in euerie - Common-weale, and grounded vpon equitie; which kind of custome the Latines - called Portoria, as they did the tribute of the publique - farmes Decimas, and of - pastures Scripturam, and it is reason, that hee that - will gaine by another mans subiects, should pay some right to his Prince or - Common weale. Wherof there be diuers kindes, the which were reduced within this - Realme to one impost of twenty Deniers vpon the liure or pound, by an Edict - made by King Henrie the 2. - - 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 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 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 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 - measure of Salt which the Marchant sold for - ten shillings starling, is now come to fiftie foure shillings: and since these - warres, to eight pounds besides the Kings rights, and the carriage: so as all - comprehended, it hath been sometimes sold for a hundred and eighteene Crownes - the measure, whereby the poore subiect hath beene ruined and the stranger - 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. 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 - salt that came from Spaine and Bourgongne, getting leaue with great - importunitie to fetch their salt out of France, being the sweeter. It is most - certaine that no salt can bee made of salt water on this side the 47 degree, by - reason of the cold: and the salt of Spaine is too corosiue: so as if the - 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 (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 - fayle; whereas the Mynes of mettall, which growe in the bowels of the Earth, - are wasted in few yeares: yet strangers seeke it in the center of the earth to - bring into this Realme, and to carrie away commodities necessarie for the life - of man: which a wise Prince should not suffer to be transported, but for the - ease of his subiects, and encrease of his Treasure, the which cannot be done - without raysing of the foraine custome: for the greater the forraine custome - shall be, the greater benefite shall come into the Exchequer: and if the - stranger fearing the impost, shall buy the lesse, then the subiect shall have - it the better cheape; for all wares, the greatest treasures will be where there - are most thinges necessarie for the life of - man: although there be neither Mynes of gold nor siluer, (as there are fewe or - none at all in this Realme,) yet notwithstanding doth feed a great part of - Europe as King Agrippa sayd; and the countrey of Egypt - hath neither Mynes of gold nor siluer, and yet both Affricke and Europe, are - much releeued with corne which growes there. If anyone will say, that by the - treaties of traffique betwixt Princes, they cannot raise a forraine custome, I - must answere, that this may take place amonge those which have treated with - that condition, but there are few of them; and yet it hath neuer been much - regarded: for euen in the lowe countreys and in England, the french Marchants - were forced in the yeare 1557 to pay a crowne vpon - euerie tunne of wine thatImpost in Engand vpon wine. came into the port, and the - subiects payd nine french crownes for the impost, without any regard to the treatise of trafficke. And the yeare following, - the the Queene of England did raise the forraine custome a third part, imposing - thirteene shillings and a pennie vpon euerie peece of cloth, the which is a - matter of great consequence: and I have been assured from a Marchant of - Antwerpe, that in the yeare 1565 there came in lesse - than three moneths into the lowe countreys a hundred thousand peeces of cloth, - accounting three karsies or three cottons to a cloth. It is therefore expedient - to raise the forraine customes to strangers of such commodities as they cannot - want, and by that means increase the treasure and ease - the subiects; and also to abate the custome of marchandise comming in, if the subiect cannot passe without them, you - must raise the custome of things made by hand, and not to suffer any to bee - brought out ofNo raw stuffs to be transported▪ - strange countreys, and not to suffer any raw stuffs to be caried out of the - land, as iron, copper, steele, wooll, flaxe, raw silke, and such like, that the - subiect may have the benefit of the workmanship, and the prince the forraine - custome, as Philip king of Spaine, had forbidden his - 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 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 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 - stranger: for both king & Commonweale in generall receiue an irreparable - losse, and the marchants in particular are ruined. Behold six means to gather - together treasure without oppression of the subiects, vnlesse the custome of - forrain marchandise that be necessary for the life of man were excessiue. The - seuenth meansThe seuenth means to make money. is vpon - the subiect, the which they must neuer vse, vnlesse all the rest faile, and - that necessitie forceth them to have a care of the Commonweale, being sodenly - oppressed either by the enemie, or by some - other vnexpected accident; in this case seeing the defence of euerie one in - particular, depends vpon the preseruationThe honestest means - in time of publicke necessitie to make money. of the generall, it is - fit that euerie man straine himselfe; then are impositions laide vpon the - subiects most iust and necessarie, and those charges which are then imposed - vpon the citisens are religious and godly, without the which the citie were - quite ruined. But to the end this extraordinary charge imposed during the - 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 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 - by the people with great ioy. And Titus Liuius saith; - Senectatores prosequisque aurum, argentum, aes in publicum - conferunt, tanto certamine iniecto, vt prima inter primos sua nomina vellent - in publicis tabulis esse, vt nec Triumuiri mensarij accipiendo, nec scribae - referendo sufficerent. The senators bought their gold and siluer into - the publicke with great contention, who should bee inrolled, so as the - receiuers were not sufficient to tell it, nor the registers to inroll them. - After the victorie obtained against the Carthaginiens, the senate decreed to pay what had been borrowed; but for that - there was not sufficient in the common coffers to satisfie them, the creditors - presented a request to have part of the citie lands assigned unto them, the - which shuld be valued by the consuls, vpon condition, that it might be alwaies - redeemed, and to pay an asse of smal rent to the receiuers for euerie acre, - only for a marke, and as a witnes that it was the city lands, the which was - done. If the commonweale hath not wherwithall to pay▪ neither in mony nor - lands, & the enemy doth presse it, then is there no redierCeassing used in old old time▪ means, than to make - choise of those which are ablest to bare arms, which shuld be armed and entertained at the charge of others, as the antient - Romaines did, so - - Liuius lib. 26. as the common good and health of the - citisents was defended by some, with the wealth of others. This kind of tribute - is called rash and extraordinarie. From hence these extraordinarie charges - first tooke their beginning, the which afterwards became ordinarie. As we read - that Denis the tyrant, sometimes sought occasions of - war, or of fortifications, to the end he might have cause to raise newDetestable inuentions of a tyrant. imposts, the which he - continued, after that he had treated with the enemie, or discontinued the - fortresses begun.

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If my wishes might take place, I would desire that such detestable inuentions - 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: - 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 - offices, or in manner of a taxe, be it in the regard of euerie mans person, - (which kind of tribute is called Capitatio by the - Latines:) bee it in respect of the moouable or immoouable goods, and of fruits - which grow aboue or within the earth, as mynes and treasures, or that which is - gathered at ferries, or passages, the which is rightly called Portorium vectigal, or of any other imposition that may be imagined, - how filthie and beastly soeuer, for tyrants alwaies thinke the sauor of them - sweet; as that tribute which was vsually - exacted from professed whores at Rome; and the sauing of vrine commaunded by - Vespasian, the which his sonne taking vnworthily, the - father held the first money that hee receiued next of that tribute, to his - nose, asking him if it smelt ill, and hee denying it, Atqui - inquit è lotio est, But sayth he, it comes of the vrine. Of which - charges and impositions, the most ancient are reputed reuenewes, as the - forraine custome; others are ordinarie, as taxes; and the last are - extraordinarie, the which the Latines called temerarium - tributum, a rash tribute: as subsidies imposed vpon free townes and - priuiledged persons, tenths, charitable gifts equiualent to tenths, the which - are leuied by commission. And to speake properly, the taxes, ayds, grants, - tolles, and such like were meere subsidies and - extraordinarie charges, before Lewis the ninth, who - first leuied the taxe, as president le Maistre hath - observed: but hee doth not say, that it was as a necessarie subsidie during the - warres; and that hee made an ordinarie receit thereof; but contrary wise - adressing himselfe to Philip his eldest sonne and - successor, he vseth these words in his testament, the which is yet found in the - treasurie of France, and is registred in the chamber of accounts: Fili, religiosus imprimis erga Deum esto: benignus & - liberalis aduersus egentes, legum ac morum huius imperij custos - - - - . Lewis his testament. - - ac vindex acerrimus: à vectigalibus & tributis abstineto, - nisi te summa vis necessitatis ac vtilitatis publicae iustissima causa ad - hoc impellat, sin minùs, tyrannum te potiùs, quàm regem futurum putato, - &c. Sonne, be first deuote and religious towards God, be mild and charitable to the poore, obserue the good - lawes and manners of thy realme seuerely, exact no taxes nor subsidies of thy - subiects, vnlesse that vrgent necessitieor the profit of the Commonweale presse - thee unto it; if thou doest otherwise, thou shalt be esteemed a tyrant and no - king, &c. Some one will say unto me, That king Clotaire did exact the third part and reuenewes of churches: and Chilperis the 8 part of every mans wine growing, and it - seems that the impost of the 8 part of the wine, the which now is imposed vpon - vinteners, tooke his beginning from hence: and that Lewis the yong during 4 yeres, tooke the - twentieth part of his subiects reuenewes in the yere 1167; yet it is most - certaine that this was but an extraordinarie - subsidie during the warre, as that temerarium tributum - imposed by king Charles the sixt, for it was decreed in - our open Parliament, called by Philip of Valois in the - yeare 1338, that no impost should bee raised vpon the people without the - consent of the three estates: and in stead of three hundred and fortie thousand - pounds starling, which king Lewis the eleuenth did leuie - the yeare that he died, besides the ordinarie reuenewes of the crowne, the - deputies of the three estates held at Tours, offered unto Charles the eight, his sonne comming to the crowne, in manner of a - beneuolence for two yeares, the like graunt that was made unto Charles the seuenth, and for his entrance a hundred - thousand crownes to bee paide for once onely, the which he might not afterwards challenge as a due, nor call - the graunt a taxe or impost. The which hath been alwaies, and is still observed - in Spaine, England, and Germanie: as Philip Comineus - said in open parliament, in the raigne of Charles the - eight, That no prince had power to lay any imposition vpon his subiects, - norNo Prince can lay any subsidie vpon his subiects - without their consents. to prescribe that right without their - consents. And wee see in all commissions sent out for the leuying of taxes, and - subsidies, the king vseth that antient protestation to free them, as soone as - necessitie would suffer him.

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And althogh that Philip the long did exact but the fift - part of a peny vpon everyThe beginning of the custome of - salt. two shillings worth of salt that were sold, yet he publickly - protested to discharge the subiects of it. Philip of - Vallois used the like protestation, being forced by the extremitie of warre to double the sayd custome, - declaring by his letters patents in the yeare 1328, that he meant not to have - the imposition vpon the salt incorporate to the reuenewes; and yet there is no - custome seems more easie than that of salt, the which is common to all the - subiects: yet in the popular estate of the Romaines, and in the hottest of - their Punicke warres, the impost of salt being set on foot by Liuius and Claudius censures; Liuius was called Salinator in derision: but a - peace being graunted to them of Carthage, it was taken away againe: either for - that there was nothing more necessarie for the life of man, or for that it was - done without the peoples commaund. And for that the lightest kinds of tributes - and imposts seeme heauie and burdensome unto the poore and weake, yet could not the senators maintaine the treasurie of Rome - without new impositions: the people being freed from all taxes and customes by - the law Valeria, after the expulsion of their kings: therefore C. Manlius theLiuius lib. 2. - 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 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 - of the twentieth part most pleasing. legacie, or gift for death, the - twentieth part thereof should belong unto the - common treasure, both these impositions were profitable to the Commonweale, and - pleasing to either of them: to the one, for that they possesse anothers - inheritance; and to the other, for that they obtaine their liberties. But for - that the emperours which succeeded Augustus exacted the - twentieth part of all inheritances and legacies, Traian - therefore abrogated the said law Iulia, the which many have labored to reuiue, - changing the name of it: yet had they not then the hundred part of those - tributes, which since the necessity of some, and the couetousnesse of others - have inuented. And when as Samuel prince of the Israelites spake unto the people, who demaunded a King of - him, he added threats of bitter tributes, Ergo inquit regem habituri estis qui decimas fructuum, - imperaturus est, Therefore sayd he, you shall have a King which shall - commandThe tenths of the subiects fruits was the first - tribute. the tenths of your fruits. Neither did Cipselus the first Tyrant of Corinth, exact any other tribute of his - subiects, but the tenths of their fruits: there were then no taxes, subsidies, - tolles, and a thousand such like. So the greatest part of the Inuenters of - these new Imposts have lost their lives; as Philistus - parasite to Dyonisius the tyrant, who being drawn out of - the tyrants castle, was slaine by the people of Syracusa: and Parthenius or Proclerus, who was slaine by the people ofInuenters - of new impositions most commonly slaine. Treues, for giuing counsell - to king Theodoret to oppresse his subiects with new - subsidies: and of late daies George Prescon Parasite to - Henrie king of Sueden, was cruelly put to death in the kings pallace, and the king - himselfe expelled his estate. What shall I speake of Achaeus King of the Lidiens, whom his subiects did hang by the feet - with his head downeward into a riuer, for the subsidies which hee imposed vppon - his people: and Theodoric king of France lost his crowne - for it. How comes it that the Netherlanders have reuolted from the Spaniard, - but for that the duke of Alua would exact the tenth pennie of euerie thing - which was sold, whereby he would have gathered an infinite treasor, or rather - the wealth of all the countrey, being most certaine that one thing might besold - often in a short time, and well knowne that the marchandise sold in one day - amounted to seuentie thousand ducats, as a Spaniard himselfe did - write. The Histories are full of these - examples, for nothing doth sooner cause changes, seditions, and ruines of - 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, 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 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 - innouations, did of late yeares promise - immunitie of taxes and subsidies to our people: but neither could they doe it, - or if they had could, they would not, or if it were done, should we have any - Commonweale, being as it were the ground and foundation of a Commonweale. There - were more reasons to have the excessiue gifts cut off and reuoked, and that an - 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 - 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 - gold and siluer hath come in so great abundanceAbundance of - gold and siluer hath made things deere. from the new found Lands, - namely from Peru, as all things are growne ten times deerer than they were; as - I have prooued against the Paradox of Malestroit: the - which may bee easily seene in the antient customes and contracts of this - Realme, where wee shall find the value of fruits and victuals to bee ten, yea - twelue times lesse than it is at this day. Wee find in the Registers of the - chamber of Accounts, That the Chancellor of France in the time of S. Lewis, had for the charges of himself, his horses, and - seruants, seuen soulz Parisis allowed him a day; the - which is not eight pence halfe-penie of our money: and if hee stayd in any Abbey, or other place where he spent nothing - for his horses, it was then abated in his wages. I have shewed that Charles the 5. king of France payd but 31000 crownes for - the countie of Anxerre: and that the duchie of Berrie was bought by Philip the 1 of Herpin, for threescore thousand crownes: - and the countie of Venice and Auignon were engaged for fortie thousand Florins. - To conclude, I have made manifest that many Earledomes, Baronies, and great - Signiories have beene sold a hundred or sixe score yeares since, twentie times - better cheape than they are nowe, for the aboundance of gold and siluer that is - come frō new found Lands: as it happened at Rome, when as Paulus Aemilius brought such infinit store of gold and siluer from the - realme of Macedon, suddenly the value of lands - did rise to bee treble in price: and at what time Caesar - brought the treasure and spoyles of Egypt to Rome, then did Vsurie fall, and - the price of lands did rise: euen as it happened to the Spaniards after the - conquest of Peru by Frauncis Pizara, a small vessell of - wine in that country cost 300 ducats, a Spanish cape of Frizado a thousand - ducats, and a Iennet sixe thousand; the which was by reason of the aboundance - of gold and siluer which they found at Peru, and brought into Spaine: and - namely of the ransomeThe great treasure taken at thy - Conquest of Peru. of king Atabalipa; who paid - the value of ten millions, three hundred twentie and sixe thousand ducats, - besides twise as much that came to priuate men, captaines, soldiors, and euen - to the receiuers themselves, as Augustus Zarata master - of the Accounts to the king of Spaine doth - testifie. Since great store of gold and siluer hath beene brought out of Spaine - into France to buy corne and other necessarie commodities, which are - transported into Spaine in great abundance, so as the prices of all things have - risen: and so by consequence the wages of officers, the pay of souldiors, the - pensions of captaines, and in like sort euerie mans employment, and by the same - 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 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 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, 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 - much lesse than that of king Francis the 1 of three - millions of crownes: and although that king Iohn were - set at the same ransome by the king of England, yet was it held so excessiue, - as they were six yeares in leuying of it; but Frauncis - the same yeare a peace was concluded, sent his ransome into Spaine. We must - iudge the like of the yearely pension of 900. - pounds, that was assigned unto Charles the faire, sonne - 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 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 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 - the yeare 1520, when as the estate of the whole reuenewesThe - Turks reuenewes. came not to aboue foure millions; for foure yeares - after he raised it unto six millions, as Paulus Iouius - saith, and now he leuieth aboue twelue millions yearly, for the great abundance - of gold and siluer, that is brought out of the West and East; which summe - notwithstanding may seeme but little, for that we read in - - Plutarch, that the dictator Silla - did taxe the charges of Asia the lesse, before the conquests of Lucullus and Pompee, at twelue - millions of crownes, the which is not aboue the sixt part of the Turks - empire.

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Sometimes the bountie of the land, and the great trade, and oftentimes the - vnreasonable greedinesse of princes to heape vp treasure, make some richer than - others: It is well knowne that Charles the fift gathered - more reuenewes out of the duchie of Milan; then king Francis the first, at the same time did leuie in this his realme, - which flowed in all abundance; who doth not know that he commaunded more out of - 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, - havingThe 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, - and out of that of Sienna two hundred thousand at the most. But a new prince - shall doe wisely at his first entrance, to cut off the extraordinarie exactions - of his predecessor, or at the least a great part of them, as well in regard of - his owne dutie, as to get the good will of the people, if he be required; yea - before he be required, and not to imitate Roboam, who - following the wicked counsell of wicked men, did not onely refuse the humble - petitions of his subiects, but vowed openly that he would bee crueller than his father had been, whereupon ten tribes fell - from him, and created them a new king. True it is, that to hold a certaine - estate of impositions, they must be made in their proper kinds, as in corne, - wine, and oyles; and as for marchandise in siluer, it is the forme which the - kings of Poland have alwaies, and doe still vse, and the king of Ethiopia - receiues cloth and other marchandise for his custome. But to require to have - taxes and subsidies quite taken away, or reduced to the antient custome, - without any regard of the value of things, or the changes that have happened; - this were not to relieue, but to ruine an estate.

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It is an ordinarie thing in changes from a tyrannie to a popular estate, to - abolish all imposts, taxes, and subsidies for - a signe of libertie, as they did in Rome, at the request of the consull Valerius, after they had expelled their kings: but euerie - man was faine to goe to the warre at his owne charge▪ then afterwards to pay - the soldiors, and afterwards to taxe themselves by the raising of new imposts. - True it is, that the Romaines did therein shew themselves verie iust: for at - that time there were none that bare the charges, but the noble and the rich, - the poorer sort went free; and now adaies we see none but the poore pay, and - the rich goe scot-free. The like was in Suisserland, and at Lindaw, after they - had expelled their Lords. Other doe free the chife - cities and great Lords, and charge the weaker - lort: as the Athenians did, when they were the stronger, they did free their - owne citie against the tenor of the allyance made with the other cities of - Grece, and in stead of sixtie tallents, they so augmented it, as in lesse than - threescore yeares they made them pay twelue hundred yearly, the which amounts - toThe reuenewe of the - Athenians. 720000 crownes. And when as Themistocles captaine of the Athenians, demanded the tribute of the - Adriens, saying; That hee would bring with him twoPlut▪ in - Themist▪ mightie gods, Force and Loue: they answered, That they had - two more mightie, Pouertie and Impossibilitie.

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And commonly the greater cities lay the burthen vpon the champian - countrey, and the richest peasants vpon the - poorer, as it hath been heretofore in this realme, whereas the great cities - were freed; and in old time the citie of Babilon (the greatest that euer was) - remained free from all charges: the which is done lest the greater should - hinder the imposts. But it fals out as in mans bodie, where as the strongest - and noblest members cast all superfluous and vicious humors vpon the weaker, - 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 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 - warre at their owne charge, and to pay the taxes and imposts directly or - indirectly. For the like cause, the nobilitie and clergie of the realme of - Denmarke have been forced to taxe themselves since the yeare 1563, to maintaine - the charges of the warre; but it was vpon condition, that the king should not - meddle with the money. The nobilitie and clergie of England, euerie man - (according to his abilitie) was subiect to taxes & subsidies, according to - the antient custome of the Grekes and Romaines; yea almost of all nations. I - except ourThe French cōtemne the common people. - nation the French, with whom, as Caesar saith rightly: - Nihil est plebe contemptius, Nothing is more - contemptible than the common people.

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To remedie this inconuenience, the antients did wisely order, That all charges - - - Taxes must be reall to ea the - poore. should be reall, and not personall; as it is put in practise - in Languedoc, and since in Prouence by prouision, according to the disposition - of the lawes, to the end that the rich and the poore, the noble and the - peasant, the priest and the laborer▪ should pay the charge of their land that - is to be taxed: the law exempts neither bishop nor nobleman. In other - gouernments, if there be a clergieman, a noble man, a counsellor, & a - vigneron, the last paies for all, and the others are free,Vniust distribution of subsidies in France. not only for their sees, - but also for other tailable lands. If then necessitie force the prince to raise - some extraordinary imposts, it is needfull it should be such as euerie one may - beare his part, as is the impost of salt, wine, and such like things. And to - take away occasion of seditions, which doe often chaunce for the impost of - small things sold by retaile, it were - expedient to conuert that impost into a generall summe, as it was put in - practise by Charles the fift, with the consent of - theNot pennie farthing. estates, for the freeing - of king Iohn, the which was 12 deniers vpon euerie - liure, or two shillings of goods that were sold; the which was changed to an - equiualent, first in the countrey of Languedoc in the time of king Lewis the eleuenth, yeelding for the said impost 6000 - pounds starling yearly: and the like hath been also done in Auuergne for the - salt, the which the countrey hath exchanged into a certaine summe: and for the - same reason the impost which was taken vpon all small - wares, have ben abolished in many Commonweales, for the complaints, - seditions, - - Iauelleur or Gabelleur. and exclamations of the poore - people against the toll-gatherers, who alwaies tooke more in the kinde than - they ought. But if any one shall demaund of me, which kind of imposts are most - pleasing unto God, most profitable to the Commonweale, and most desired of good - men, for the reliefe of the poore: it is that which is layd on those things - which serue onely to corrupt the subiects, as all kinds of dainties, perfumes, - cloth of gold and siluer, silkes, cipresse, laces,What - impost is most honourable, profitable, and necessarie. rich colours, - womens painting, pearles, precious stones, and all kinds of works of gold, - siluer or enamell, & such like things, which are not to be forbidden: for - such is the nature of man, as they esteem nothing more sweet & goodly than - that which is stricktly forbidden them; and the more superfluities are - defended, the more they are desired, - especially of men that are simple and ill bred: you must therefore raise them - so in price, by means of the impost, as none but the rich and those that are - curious shalbe able to buy them. And therefore these princes that live towards - the North, lay great imposts vpon wine, the which although it be dere, yet - their subiects are so desirous thereof, as they drinke themselves drunke. And - for this cause Cato the censor was commended, for that - he layd a great impost vpon the sale of Slaves, that should exceed fiftie - crownes price, for that such marchandise could not be warranted.

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The emperour Augustus did more wisely, who to correct - the disordinateThe wisedome of the emperor Augustus. - lust of his subiects, made lawes for marriages, by the which he imposed a taxe - in manner of a fine, vpon those that did - not marrie after the age of 25 yeares, or that were married and had no - children, inioyning them to bring a part into the treasurie of such successions - or legacies as were casually left them, giuing goodly immunities and - priuiledges to such as had children: by which lawes Augustus purchased the commendation of a wise prince. For hereby he - did both punish whoredome, adultery, & sodomie, and also force every one to - seek him a lawfull wife and children, taking away nothing of any mans present - estate, but onely the tenth part of that inheritance which came unto him - accidentally from his friends, filling the treasury with money, and the - Commonweale with good and vertuous citisens. - Which law Iustinian the emperour did vnaduisedly blame, - and likewise Constantin, who abrogated the law for - punishing them that lived vnmaried, or that had no children. But the emperors - Honorius and Theodosius gaue - the priuiledge of children to all subiects, which was to giue way to adulteries - and to all detestable vices, causing marriages and the procreation of children - to grow in contempt, whereby the citie grew bare of citisens, and the empire - being found in a manner wast, was seazed on by a deluge of Gothes, and other - barbarous nations of the North. These kinds of impositions which are inuented - for the punishment of vice, seeme not onely iust, but verie profitable.

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There was also another impost of ten shillings vpon euerie sute in law - thatAn impost vpon sutes. was not criminall, to - punish those that were too apt to plead, the which many have found strange, and in the end have taken it away: but - there was neuer any more needfull in this realme, where there are more sutes - than in all the rest of Europe, the which have much increased since the time of - king Charles the sixt, when as an edict was made, to - take away the antient custome, by the which no man was condemned to pay any - charges that had lost his sute: for in formerThe cause of - many sutes in France. times they were not so apt to plead: and it may - be▪ our antient fathers▪ knowing the dispositions of the French, had brought in - this custome (although it were vniust of itselfe) to diuert the subiects from - attempting of sutes rashly. And although the Romaines - in a free Commonweale could hardly beare any imposition or tributes, yet did they willingly endure a taxe set vpon - sutes and controversies, much more heauie than that which was imposed in the - time of Charles the ninth, by the which, he that did - attempt a sute against any man, was forced to consigne two crownes into an - officers hands; the which hee should receiue againe from the aduerse partie, if - he did recouer his suit, or if he were vanquished, to loose them as a - 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 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 & - sacramentum, and if any one refused to consigne, hee yeelded to the - other. The Hebrews did alwaies cause him that did willingly denie a debt, to - pay it double, as wee read in their pandects. And although the consignations - which were made in Rome vponThe extorsion of - Caligula. suits were diuers, yet the emperour Caligula extorted against reason, the fortieth pennie of all that was - demaunded by law, without any prefixion or limitation, whether the cause were - iust or vniust. But of all marchandise which tend to pleasure▪ lust, and pompe, - the imposition is honest and profitable, seruing to no other end but to corrupt - the simplicitie of the subiect, the deerest of all (which is Amber gris) the - which is valued but at twelue pounds starling, should be prised at 300 crownes.

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The law sets no impost vpon marchandise, but vpon spices, and such - pretiousInterdum & de vectigal. marchandise, - as are specially named, as skins of Parthia and Babilon, silkes, fine linnen - cloth, painting, Indian haire, wild beasts, and Eunukes. Such impositions are - alwaies commendable, and farre more supportable without comparison, than that - which is layd vpon the asse, the oxe, wine, and such like. And all good princes - have abhorred that impost which they called Capitatio, - for to lay a charge vpon mens persons for their worke, were to make warre to - good wits, if they have not some great trade, and by that means have gathered - together great wealth, for the which they must beare some charge; the which is - not properly - - Capitatio, but with the weaker sort they must deale - mildly, especially with the husbandman, which doth not till his own land. - Neither are those impositions to be allowed which employ all their studies to - inuent new taxes & exactions, seeking by all means to incorage princes - thereunto; as that multiplier (whose name I concele for honors sake) who not - many yeres since at a parliament held at Blois, made a declaration, That the - king (besides al other ordinary charges) might with oppression or grieuance of - poore or rich, raise thirtie millions: the king sent this man to the three - estates, to expound the heauenly gift of God.

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And although we had many excellent wits and of great iudgement, yet had he - abused many with his opinion, if we had not laid open his errour and - 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 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 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 - - 625000 pounds starling. and two hundred and fiftie - thousand liures. Moreouer he made an account of fifteen millions of all sorts - of marchandise, of the which he tooke a soulz of the marchant for euerie - thousand liures, making the former twelue millions. And vpon the said six - hundred thousand townes and villages, one with another eleuen soulz apeece, the - which comes to twelue millions, and six millions and a hundred of liures more, - which then the foure tenths came unto, all which make thirtie millions, besides - the aids, taxes, customes, grants, imposts, subsidies, and reuenewes of the - crowne, which came then to fifteen millions, wherein his deceit was verie - apparent; first making France square, the which is in fourme of a Lorange much - lesse than a square; next he makes the fertill land equall to that which is wast and fruitlesse (although there is not - any land, be it neuer so fertill, whereas two third parts at the least lyes not - wast) taxing the nobilitie and the clergie as well as the rest. And as for - 600000 townes and villages, it is an impudent lye; for that by the extracts - 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 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 - hundred eightie one pounds. Ierosme Laski a Polonois, father to the Palatin Laski, whom we have seen Ambassador in France, inuented - another manner of meanes than this former, to encrease the treasure, giuing - aduise to raise threeThe aduise of Ierosme Laski for the - heaping vp of treasure. imposts vpon the subiects, and to make three - mounts of pietie (for so he calleth them.) The first was in taking the moitie - of euerie subiects reuenews, for once: the second was the twentieth part of his - reuenewes yearely; and the third was to have the eight part of things sold in - grosse, or by retaile. But his aduise was reiected as pernitious and most - impossible: for in matter of impositions there is nothing that doth more kindle - seditions, than to charge the subiect with many things at once, especially a - war-like people, and bred vp in libertie, as those of Polonia bee. And yet he gaue a goodly name to a wicked - and pernitious inuention, calling the grounds of such impositions, Mounts of - pietie. For theThe mounts of pietie n Italie honest and profitable. mounts of pietie in the cities of - Italie are profitable, honest▪ and charitable, & inuented to ease the - poore; and those of Laski do ruin them. There are mounts - of pietie at Florence, Sienna, Luques, and other cities, whereas he that hath - one daughter, the day of her birth hee may put what summe he will into the - mount of pietie, vpon condition to receiue ten times as much to marrie her - 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 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 under price.

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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 five in the hundred vpon - - - A commendable institution made by Antoninus Pius. - good and sufficient caution. By whose example Seuerus - restored the treasure that was wasted, and the marchants and poore men gained - much by traffique: and the publicke in a great summe did also gaine much: for - if they lent a million, at the yeares end they did get fiftie thousand crownes - for the publicke, and priuate men got twise as much by traffique: and besides - all this, the greatest benefit that did arise, the publicke treasure was - assured out of the pawes of theeves and horse leeches of the court. And for - this reason onely as it seems, the emperour Augustus - long before, was accustomed to lend the money which came cleereTranquil. in August. into the Exchequer, without any - interest, giuing good assurance of land; and vpon a penaltie to forfeit the - double, if it were not paid at the day: by this means the publicke treasure was not idle, nor wasted by the princes - prodigalitie, nor exhausted by theft, but a great benefit redounded to all in - generall, and to many inA forfeiture of the double forbidden - by the law. . pecun. de vsur. particular. - And here some one may obiect, that although Augustus did - not lend the publicke money for interest, yet hee imposed a penaltie of the - double, if it were not paid at the prefixed day, the which is greater than any - vsurie and therfore forbidden by the law. In my opinion, that penaltie is then - disallowed by the law when we stipulate any thing fraudulently, and aboue the - lawfull interest: but he that hath taken the publicke money, and restores it - not at the appointed day, he commits theft; it is therefore the penaltie of - theft, and not of vsurie.

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Those princes therefore did wisely in old time, which prouided for the necessitie of the Commonweale, and the profite of - priuate men. But the contrarie is used in our daies; for princes in stead of - giuing out vpon reasonable interest, borrow and pay vnreasonable vsurie: and - 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 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 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 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 - interest, as they have by little and little abated Mount Vecchio, cutting the - creditors so short, as they dare not so easily put in their money as they were - woont.

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This meanes was also brought into Fraunce by the cardinall of Tournon, at such - time as hee was in credit with king Frauncis the first, - whom he persuaded (by the instigation of certaine Italians) that there was no - other meanes - - The originall of the banke of Lion. to draw the money - from all parts into Fraunce, and to frustrate the enemie hereafter, than to - settle a banke at Lion, to take euerie mans money, and to pay him eight in the - hundred, so as in short time hee should get into his hands all the money of - Italie and Germanie: but in effect the cardinall sought to assure an hundred - 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, 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 - promised the creditors interest vpon interest. The emperour Charles 5 did the like for his part; true it is, he payd but ten and - twelue in the hundred. And the same yeare Henrie the - eight king of England, borrowed a hundred thousand crowns of the German - marchants at twelue in the hundred: euerie one hoping to draw money and wealth - unto him by the desire of vsurie. And whereas our king Henrie the second thought to draw most money unto him by paying of more interest than the emperour or king of - England, he began to loose his credit, for the wisest husbands concluded that - in the end he would not be able to pay neither principall nor interest; for the - interest of sixteene in the hundred, came at the least to eighteene in the - hundred▪ detaining the interest which he could not pay: whereas the emperour - made shew that he would free himselfe, giuing cities and communalties for - cautions, paying the old debts with new borrowing, and euerie man lent him - seeing him pay so willingly. But at this day many will free both principall and - interest, to have but thirtie paid them for a hundred; so as after the death of - Henrie, all was filled with the complaint of - creditors: and such princes and Signiories as had money in the banke at - 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 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, 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 - letters and instructions from la Vigne, for many did not - 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 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 - their principall▪ they proceed by way of execution against the debtor, for he - hath neuer any quittance nor witnes for the interest which hee receiueth. - Behold by what meanes they draw the money out of this realme.

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There are other trickes which I forbeare to touch, but for this cause king Lewis the ninth in the yeare 1254, and Philip the Faire in the yere 1300 did banish all - - Antient laws against▪ Italian vsurers. Bankers and - Italian marchants out of Fraunce, confiscating their goods: and to discouer the - debts that were owing them, it was decreed that the debtors shuld be freed from - all arrerages and interests, paying the principall to the treasurers. And - since, in the yeare of our Lord one thousand three hundred fortie and seuen, - Philip of Valois for the like cause did forfeit all - their goods: for it was verified by the processe that was made, that for foure - and twentie thousand pounds starling, they had in few yeares profited two - millions and foure hundred and fortie thousand pounds starling: and in hatred - of such vsurie the Lombards letters have been alwaies - taxed in the Chancery at double▪ and although - these people have been often banished the realme, yet there were neuer more in - any place, nor will euer bee wanting, so long as princes take vp at interest. - Since and before that the banke of Lion was broken, most of the cities of this - realme have lent unto the king vpon the reuenews, customes, imposts, and tenths - for reasonable interest, and those which held themselves to be of best iudgment - in matters of state and treasure, aduised it for two ends, the one to have - money at need; the other to bind the cities and communalties more unto their - prince, yet we have neuer seene more rebellions since the establishment of this - realme. And as for the treasure, it hath been so well husbanded, as in lesse - than twelue yeares that king Henrie the second raigned, - hee did owe more than his - - The debts of king Henrie the second. predecessors had - leuied fortie yeares before, for all charges: for by an account made in the - 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 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 - 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 - the last article the king remained indebted one and forty millions, a hundred - fourescore three thousand, one hundred threescore and fifteen liures, three - soulz, six deniers: comprehending fourteene millions nine hundred threescore - and one thousand seuen hundred fourscore and seuen liures fifteene soulz and - eight deniers, for the aides, reuenewes, and customes engaged, to cities, - corporations, and colledges, and to priuat men: amōgst the which the citie of - Paris hath had yerely three millions one hundred & so many thousand liures, - comprehending the tenths: moreouer the clergie hath furnished aboue threescore millions in the time of king Francis 2, and Charles 9. Although - the emperour Charles 5, and his successor have run the - same fortune, for that they took vp at interest, being indebted aboue fifty - millions, for the whichThe debts of Spaine. all the - lands, and reuenews of Naples and Milan were engaged to the Genewais and other - priuate persons, who now are called in question, for that they had taken of the - king of Spaine in his necessitie thirtie and fortie in the hundred; and to - effect it, they have caused the catholicke king to be censured by an admonition - from the Pope, if he continued those excessiue vsuries; who embracing this - occasion, defrauded his creditors of ten yeres interest. We must not think that - the Spaniards will suffer themselves to bee easily gulled by the bankers of - Italie, as the French do, who suffer them to - inioy the farmes & al the best reuenews of France, the taxes, imposts, - customes and doanne of Lion, by meanes of which farmes they ransome the - subiects, and transport the coynes, contrary to the laws of this realme, which - forbid to suffer strangers to enrich themselves by the reuenews of the crowne: - nay, it hath been more insupportable to preferre them before naturall subiects, - which offered much more, & yet they had an abatement of twentie thousand - crownes at one instant out of the custome of Lion, to the perpetuall infamie of - 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, 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 - his credite, which is the ruine of an estate: for he must borrow, leuie taxes, - impositions, and in the end by slaunders, and tyrannies forfeit his subiects - goods. Then is it most fit and necessarie for a prince to borrow money vpon - interest of his allies and subiects, if that hee bee in danger to loose his - estate, by some generall reuolt, or the conspiracieMeans to - assure the estate of a desperat prince. of some great men against - him▪ for extreame remedies are to be sought in - extreamest dangers: as we read that Eumenes did, who - borrowed a great sum of money at extreame interest, of those that had conspired - his death. Agrippa king of Iudea, recouered his realme - by the meanes of his creditors, who troubled both heauen and earth for the - assurance they had to bee payd: and this was also the chiefe meanes to restore - Edward the fourth king of England, being expelled his - kingdome. But if the princes creditors have assurance to bee paid by his - successors, or that they have lands in pawne, then this course is vnprofitable. - I have set downe the meanes which in my opinion are profitable and honest to - gather together treasure, the which is the first point of this chapter: the - second is how to employ the treasure of the Commonweale well and honourably, - the which wee have partly toucht in the - chapter of rewards and punishments. Let vs adde hereunto what remaines.

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In old time the first article set downe in the expences of the treasure, was - for almes deeds; the second for the kings house; and the third for reparations: - but the order is quite changed. As for almes-deeds, the wise and antient - princesMeans to employ the treasure. of the - Hebrews, have left this discipline to posteritie, the which they receiued from - the holy Prophets, who sayd, That the surest preseruation and defence of - treasure, were Almes deeds, and liberalitie to the needie; the which they - restrained to the tenth part of euerie mans goods, which should bee employed - vpon the ministers of the church and the poore. And if we will looke aduisedly - 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 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 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, - Indians, and Ethiopians. What prince euer was more charitable to the poore, - than Lewis the ninth, who hath founded twentie eight - hospitals and colledges in this realme; and had commonly in his traine six - 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 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, 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 - promised not to employ that money to any other vse, than to the entertainment - of his men at armes, and not to confound it with the ordinarie receits, that - the subiect might be freed from the spoile of souldiers. The like was said, - when as the realme was charged with the - paiment of 50000 footmen in the time of king Frauncis - the first, the which should be leuied vpon walled townes and their suburbes, - which felt nothing of the oppression of the souldier; but notwithstanding since - they have made it equall to towne, village, and hamlet, in the yere 1555, - 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 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 - enemie? but for an excuse, they pretend they - are not paid, neither would they be, to the end they might have some colour for - their thefts. There is no meanes to redresse these calamities, and to restore - in some sort militarie discipline, which is now quite decaied, but in paying - the souldiers: for as Cassiodorus said, Disciplinam seruare non potest ieiunus exercitus, dum quod - deest semper presumit armatus, A fasting armie can neuer obserue good - discipline, for what they want, they will presume to take by force: the which - cannot bee done vnlesse there bee a great care had of the treasure. The kings - house therefore entertained, the souldiers and the officers payd, and due - rewards giuen to them that deserue them, it is great reason the poore should be - remembred. And if the treasurie bee well furnished, a part would be employed to repaire townes, to fortifie vpon the - frontiers, to furnish places of strength, make the passages euen, build - bridges, fortifie the ports, send ships to sea, build publicke houses, - beautifie temples, erect colledges for honor, vertue, and learning: for besides - necessitie of reparations, it brings great profiteThe - benefit of reparations and fortifications. to the Commonweale. For by - this means arts and artificers are entertained, the poore people are eased, the - idle are set to worke, cities are beautified and diseases expelled: finally - hatred against princes (which doth often times stirre vp the subiects to - rebellion) is quite suppressed, when as the impositions which he hath leuied, - redounds not only to the general, but also to every priuat mans good. And - therefore the emperour Alexander Seuerus was accustomed - to leaue many imposts and tolles to cities, to - be employed in the necessarie reparations thereof.

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This which I have sayd is more expedient in an Aristocratia, or a Popular state, than in a Monarchie; for that the - subiects being many, are with more difficultie maintained in peace and vnion by - 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, 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, - having then a hundred thousand tallents; that is to say, threescore millions of - crownes, if we may beleeue Demosthenes: which summe - becauseDemosthenes in . it - is vnreasonable, it may be, we should read a hundred tallents, which make - threescore thousand pounds, for that wee shewed before, that the Athenians - (when as they had charged their allies with great tributes) did neuer leuy - aboue two thousand tallents yearely at the most, and in Pericles time they did scarce exact a thousand tallents. And being - accused by his enemies to have misemploied the - publicke treasure, hee made this resolute answere unto the people, That ifPlut. in Pericle. they were not well pleased with the - walles, fortresses, and temples which hee built, hee would take the charge vpon - himselfe, vpon condition, that his name should be grauen thereon, and that it - was his git: but the people allowed the charge, - knowing well that all men in generall, and euerie man in particular, reaped - profit and honour thereby, for that the marchant did gaine in furnishing of - stuffe; sea-men, and those that brought it, for their carriage; and artificers - in working it; so as the profit was distributed to all sorts of people, and the - glorie of their stately workes, gaue a perpetuall testimonie to posteritie of - the greatnes of this Commonweale. But the greatest benefit, and which doth most - import the preseruation of an estate is, That - the two greatest plagues of a Common weale, Idlenesse and Pouertie, are - banished: a verie necessarie thing in a popular and aristocraticall state; and - especially in those countries, where they have great spirits, and but barren - soyle, as at Athens: if idlenesse get footing in such a countrey, it will neuer - be without mutinies and thefts, which Solon - foreseeing,Idlenesse seuerely punished he did - inflict great punishments vpon idle persons: and so did Amasis king of Egypt, who condemned idle men to be put to death, if - they had not wherewithall to live, knowing the Egyptians to be the most - ingenuous in the world, and the most subiect to mutinie, if they were not - employed. We see Piramides built in that countrey almost three thousand yeares - since, lest the pleople should have languished - with idlenesse: we have also presidents of the wisest emperours of Rome, which - 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 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 - Capitoll, of an excessiue greatnes, with small charge and few labourers; he - recompenced him verie well, saying, Let me I pray you, nourish the poore: and yet he protested in open senate - comming to the empire, That there was need of a milliart of crownes to free and - restore that CommonA thousand millions of crowns. - weale.

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What shall I say of the emperour Claudius, who enioying - an assured peace, caused the chanell of Fucina to be made, to accommodate the - citie with good waters, employing dayly thirtie thousand men for eleuen yeares - together. And without search of antient histories, it is well knowne that the - signiorie of Venice doth entertaine continuall in their Arsenall, three or - foure thousand persons which get their liuing by the - labour of their hands, the which doth much - content the citisens, seeing the publicke treasure employed so charitably. But - these employments are goodly and befitting a great prince which is not - indebted, when the reuenewes are not pawned, when as the Commonweale is in - perfect peace, when the soldiers are paide, and rewards duly administred to - euerie one: otherwise to increase the subsidies to build great pallaces, more - stately than necessarie, being indebted, and to suffer the buildings of his - predecessors to runne to ruine, thereby to purchase vaine glorie, that were to - leaue a marke of his tyrannie, and a perpetuall testimonie to posteritie, I hat - he hath built with theA tyrant builds with the bloud of his - subiects. bloud of his subiects: and often times the subiects ruine - the buildings of tyrants, to deface their memory from off the earth, wheras - they shuld by vertuous and charitable actions, - graue their names in heauen. The golden pallace of Nero, - which comprehended a great part of Rome, was contemned by his successors, who - would not vouchsafe to lodge in it, for the crueltie and villanie of him that - had built it; and soone after it was ruined▪ as being made of spoiles, - exactions and confiscations, the which follow a prodigall prince at the heeles: - for of necessitie, of a prodigall he must become an oppressor, and of an - oppressor a tyrant.

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There were neuer two tyrants more cruell and prodigall, than Nero and Caligula; - - The strange prodgalitie of Nero - and Caligula. for the first, in fifteen yeares that hee raigned, had - 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 - the publick tresure, he filled all with cruell confiscations. This miserie of - excessiue prodigalitie happens often to princes, through forgetfulnesse of the - gifts which they have beowed, not well vndestanding - the botome of their treasuries. And for this cause, it was wisely decreed by - Frauncis the first▪ that euerie yere the generals of - the treasure, should send unto the treasurer, two briefes of the publicke - reuenewes of every prouince: the one by coniecture the first day of the yeare; - the other a true note of the yeare that was past: and in like case the - treasurer should make two briefs of the whole treasure in generall, to the end - that the king and his counsell might plainly - know what money was in his coffers, thereby to gouerne his gifts, rewards, and - expences: but most commonly hee that hath power to dispose of it, seeth - nothing. I will put for an example an estimate of the treasure which was made - in lanuarie in the yere 1572, where in a chapter of the receit, there was an - article set downe of 200000 pounds starling of casuall things: and by a true - accountArticles of parties casuall in the yeare - 1572. made in the end of the yeare, it was found, that they amounted - to two hundred and fourescore thousand pounds starling, and yet it was - verified▪ that there was but fiftie thousand pounds employed to the kings - profit. Such was the calamitie of those times when as children and women ruled. - But in my opinion, the king had done better, if he had seen the generall - account of his reuenews, the which is contained - in two sheets of paper, and withall had had a register of his gifts and - rewards: or if his priuie gifts be not inrolled, that he had a small briefe or - remembrance of that which he had giuen to whom, and wherefore: which are three - chiefe points, whereof a prince must be verie carefull, to the end, that if he - will be liberall, it should be to such as deserue it. And to thisA prince should have a list of matters of state and of his - chefe men. end, it were expedient the prince had a briefe register of - affaires of state, and a rolle of the worthiest men of his realme, for there is - no memorie so perfect, but may be confounded with the multiplicitie of - affaires, whereby he shall commit great incongruities - 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, 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 - flatterers of the court will obiect, That the register would be too great, that - the prince should be too much troubled, and that hee could not live long: why - then have those princes and great monarchs which have been so carefull of matters of state, and gouerned the whole world with - their lawes, lived so long? as Augustus, Tiberius, Vespasian, - Traian, Adrian, and the Antonines, all Romaine - emperours and politicke gouernours, who themselves made registers of their owne - affaires, imitating the example of Augustus, who lived - 74 yeares, leauing three Bookes written with his owne hand; the first wasThe diligence of Augustus. his deeds and publicke - actions; the second was his testament; the third was an estate of all the - Romaine empire, wherein was contained a particular estate of euerie prouince, - what troupes of souldiers, what treasure, what armes, what shipping and what - munition, with a diligence worthie of a great monarch: yet for all this he did - not omit to doe iustice ordinarily and to heare all commers, reading all the bookes of politike gouernment, that he could - get, as Suetonius saith, remembring that which Demetrius the Phalerien said unto Ptolome Philadelph king of Egypt, that he should find goodly secrets - in bookes, which no man durst tell him. Vespasian in - like sort, made an excellent abridgement of the empire, and yet he lived 70 - yeares.

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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, 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 - - had giuen him, the king a while after reading - this register by night, and finding that Mardocheus had - receiued no reward for so great a seruice done unto the king hee caused him to - bee sent for, giuing him great honours and preferments. But without any further - search, the king of Spaine doth vsually looke vpon a register of his affaires, - carrying an abridgement of letters which he writes to gouernors, captaines, and - ambassadors, if the matter be not verie secret. For the same cause Charles surnamed the wise, king of France, made a - Register of his priuie councell, and the first was Peter - Barrier, who was not busied (as at this day) with expeditions and acts - of ustice, but onely to inroll the affaires of state. - But aboue all it is necessarie for a prince to have a register in his counsell, - of gifts, offices, benefices, & exemptions: - the which is most commonly in the hands of a secretarie▪ and et the hundred part of the gifts are not entred. For - the redressing whereof, there are two antient lawes, the one made by Philip of Valois, of the which I have formerly made - mention, by the which the gift was reuoked, if the donatarie made not mention - of the benefits graunted to him and hisGood s abrogated. predecessors: the other is of - Charles the eight, whereb - all gifts aboue ten pounds were of no force, if they were not verified in the - 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, 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: - for the treasurer is discharged, bringing the kings hand onely, without any - mention of him to whom the reward was giuen, nor wherefore. There was yet a law - made by king Frauncis the first, and confirmed by his - successor, wherby it was decreed, There should be foure keys to the place where - the treasure was kept, whereof the king should have one, and the rest should be - in Commissioners hands appointed by him: and the distribution of money should - bee made by the kings commaundement, in the - presence of the treasurer and comptroller of the Exchequer: But king Henrie the second by a speciall edict discharged the - treasurers and officers of the treasurie, that afterwards they might not be - called to any account. True it is, that one of these commissioners had giuen - him at one time a hundred thousand crownes, if the common report were true; the - which was much at that time, but little in regard of prodigalities - practisedThe reuocation of excessiue g is necessarie. of late. For after that king - Frauncis the first had ordred it by sparing, all the - publike treasure lay open to the spoile of great men and flatterers. But an - edict made in fraud should be no hindrance, but that such as had mannaged the - publike treasure might bee called to an account; as it was required at a - Parliament held at Orleans; and that excessiue - gifts should be reuoked or at the least cut lesse: as the Emperour Galba did, who reuoked Neroes - gifts, leauing but the tenth part to the donatorie; not that they should - enquire too curiously of all gifts bestowed by the prince, the which might - prooue verie dangerous.

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- - Charles the seuenth did limit by a law, what summe of - money the king might take yearely to dispose of at his pleasure: which summe - being verie little, seemed in those daies exceeding great. There is nothing - more profitable for the prince, nor necessary for the subiects, than to have - the rewards which they giue, knowne and examined by their officers: for that - princes shall alwaies maintaine their fafauors, giuing liberally, and the - officers shalbe subiect to the hatred and dislike of such as have their gifts reuoked or cut lesse: so as by - means of recouerie, the money should returne into the treasurie againe, and few - would beg, yea they would scarce take it when it should be offered them, if - they knew their gifts shuld be reuoked or examined in the chamber of accounts. - If bountie be commendable and worthie of a great and rich Monarch, it is ill - beseeming a poore and needie prince, for he must flea his subiects, and racke - them to the verie bones. KingBounty not fit in a poore pince. - - Frauncis the first, leauing a goodly kingdome, - flourishing in armes and laws, and in all arts and sciences, to his successor, - with seuenteen hundred thousand crowns in treasure, and the quarter of March - readie to be receiued; yet did he not giue away the hundred part in rewards in - 32 yeares that he had raigned, as his sonne - - Henrie did in two: for he had scarce closed his eyes, - when as the confirmation of offices (which is due to the king at his first - comming to the crowne) whereof an infinit masse of money was then made, was - giuen to one horse leech in court. And although that Frauncis the father gaue pensions to Germans, English,An infinit masse of money giuen to a woman. Italians, - Suisses, Albaneses, Spaniards, and Grisons; yet all his pensions, besides the - Cantons were but 13000 pounds starling a yere at the most, as I have seene by - an extract out of the chamber of accounts, the which was made theThe bounty of great King Frauncis. yeare that hee dyed: - and in the same extract there is but 42769 pounds, - foure shillings starling, which hee gaue in pension to his subiects, princes of - bloud, knights of the order, captaines in - great numbers, lieutenants, councellors of state, men of iustice, ambassadors, - scollers studying, and many excellent workmen, and learned personages. O noble - prince, who could so well make choise of worthy persons, and moderat his - bountie.

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We have entreated of two points of this chapter: first how a Commonweale should - gather together, and then how they shall employ: the last point is, what - reserue they shall make for any necessitie, that they be not forced to begin - warreRenation of - treasure. by borrowing, or subsidies; whereof the Romanes were verie - carefull: for although they had continuall warres vntill Augustus time, after the defeat of Marc - Anthonie, yet had they neuer toucht the treasure which grew of the - twentieth pence of Slaves infranchised, - vntill that Hannibal had reduced themThe treasure of the Romaines called Sanctius acarium. to extreame want; then was there found foure hundred and - fiftie thousand crownes in their treasurie, the which was one of the chiefest - meanes to saue their estate.

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The emperour of Turkie obserues this order carefully, for besides the treasury - of ordinarie receits, which is in the princes Seraigle, there is another in the - castle of seuen towers at Constantinople, where the antient treasure is - reserued,The Turks treas. the which they meddle not with, if the necessitie bee not verie - vrgent. Our Ancestors were accustomed in time of necessitie, when the treasure - was wasted to have recourse to the kings forrests, where there was an infinit - number of tall timber▪trees fit for all vses, - of the which they made great summes of money; but during the ciuile warres, - they are so cut downe, as hereafter they will bee onely fit to make faggots: - whereby the commonweale is much damnified, and will be more dayly, vnlesse - there be some speedie remedie: for there is such want of timber, as they shall - bee forced to fetch it out of other countreys for their ships and buildings; - they do also cut them downe so hastily, as the trees cannot grow to beare any - fruit to feed our swine; and in the end we shall be forced to fetch wood from - other parts for firing. And for that it hath been alwaies held a matter of some - difficultie to keepe treasure safely, beeing verie hard for princes to shake - off importune beggars: therefore the kings of Persia and the Romaines, that they might preserue this holy treasure from - selth, they reducedThe means - how to keepe treasure. a great part of their money into thicke - brickes. It is also sayd, that Charles the fift king of - Fraunce, had caused the great Hart in the pallace at Paris to be made after the - same forme that they should cast one all of gold, of the treasure which he had - gathered together. And the better to assure it against theeves, the antients - did lay their treasure in temples, as the Greekes in the temple of Apollo, Delphique, and Deliaque: - the Romaines in the temple of Saturne and Opis: the antient Gaules in hallowed Lakes: the Hebrews - sometimes in temples, sometimes in sepulchres: for wee read that the high - 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 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, having shewed his treasures to the - ambassadors of the king of Assiria) employed it for the - most partIsaie 30. - - in building of their Pyramides, beautifying of cities, - bringing of riuers, and repayring the bankes - of Nile. The law of God forbids to heape together much gould and siluer; lest - that thereby the prince should bee auredDeut. 17. to oppresse his subiects, or the enemie to - inuade the citisens; inuiting the prince thereby to bee charitable to the poore - and needie: yet a meane is to bee used.

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No man in my opinion will allow of the insatiable couetousnesse of Iohn 22 Pope of Rome, in whose coffers they found (hee - being dead) twentie three millions of gold, as many have written; or of Sardanapalus, who left fortie millions of crowns; or of - Cyrus, who left fiftie millions; or of Tiberius Caesar, who had gathered together seuentie seuen - millions, the which his successor wasted in - one yere; or of Darius Ochus the last king of the - Persians, in whose treasury Alexander the great found - fourscore millions of gold. We read in the holy scripture that Dauid left sixscore millions, the which is the greatest - treasure that was euer22. Paralip. . - 1. The greatest treasure that euer was. heard of: but there is some - question touching the valuation of their tallent; for they write that he had - gathered together a hundred thousand tallents of gold, and a thousand thousand - tallents of siluer, which summe, if it bee accounted by tallents of Attica, - although they be small it will seeme wonderfull: our interpreters of the Bible - doe falsely thinke them Attike tallants. I find Siclum - in the scriptures to be taken two waies, the which the Greeks call Statera, and the Latines Talentum, - one waie it is a pound of six ounces, as in the first booke of Paralip the 21 chapter; - another way it is taken for halfe an ounce, as in the first booke of Samuel, the 24 chapter. If Dauids - treasure be numbered by the sicle or tallent of halfe an ounce, the summe will - 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 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) 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 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.

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But our kings of Fraunce have not offended in this point - against the lawes of God, by heaping vp of too great treasures, and it is not - to be feared that they will hereafter breake it: for they which say, that king - Charles the fift left in his treasurie eighteene - millions of crownes, are much deceiued, for he found the coffers empty, he paid his predecessors debts, he redeemed the - reuenews of the crown, conquered Guienne from the English, purchased the - countie of Anxerre, and a great part of the earledome of Eureux, restored Henrie king of Castill being expelled his realme, - maintained and succored the kings of Scotland, against the kings of England, - and raigned but 17 yeares, and yet he did not leuie for all charges aboue 43756 - pounds starling yerely, comprehending the reuenews of the crowne lands: - 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 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 - that time came but to 1800 pounds: and twentie yeares after when as Lewis the eleuenth died, the whole receit came but to - 470000 pounds, the which was reduced to 120000 pounds, at the request of the - Parliament, held at Tours at the comming of Charles the - 8 unto the crowne,Diminution of halfe the chage at the comming of Charles 8. besides the - reuenews of the crowne which amounted yearely by estimation to 100000 pounds: - so as the whole reuenews when as Charles the eight died, - came not to aboue 250000 pounds. The like request was made unto king Charles the ninth, by a parliament held at Orleans, at - his comming to the crowne: but the necessitie - was found so great as there was more need to augment than to diminish the the - 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 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 - starling: so as in few yeares all had been discharged, without any diminution - of the kings houshold seruants, the which were six hundred, besides such as - were entertained for hunting & hawking, - for they may well be spared without deminution of the maiestie of a king or the - 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 having put the nobilitie from him & discharged the gentlemen - of his house, used 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: - and euen in the chamber ofThe basenesse of Lewis the - eleuenth in his apparell. accounts, there is set downe in a note of - expences two shillings for a new paire of - sleeues to an old dublet: and in another Item three halfe pence for a box of - grease to blacke his boots withall; and yet he raised the charges more than his - predecessor did by 300000 pounds starling a yeare, and sold much of the - reuenews. As for the officers of the crowne, it was wisely aduised at the - 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 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 - new law, was both pernitious to the publicke, and hurtfull to his treasure, - seeing but for three augmentations in the chamber of accountsAnno 1566. 20 Maie. onely, they had payd aboue threescore thousand - pounds starling: but he doth not say that it is like unto cold water which - encreaseth the fit to him that hath a burning Feuer: for it is well knowne that - the king or people pay wages to most of these officers after ten or twentie for - the hundred, which was the principall cause of the suppression of subalternall - offices by a law made by Frauncis the second. Moreouer - they set not downe the prerogatiues which belong to - the officers of the chamber of accompts, that is to say, their ordinarie wages, - their rights of wood, their liverie at Easter, - their rights at Hallontide, their roses, their prerogatiueThe right of the offices of the chamber of accounts. of herings, - their rights at Twelfetide, their rights of the stable of vertue, and of white - salt, besides paper, parchment, pens, counters, purses, waxe candles, red waxe, - penkniues, bodkins, scrapers and strings: they did not shew also that the other - profits of offices came to much more than their wages: they will not confesse - that whereas there be now seauen chambers of accompts, there was then but one; - and whereas now there be two hundred officers or thereabouts in the chamber of - accompts at Paris, thereErection of the chamber of - accounts. was wont to be but one Treasorer of France President of the - chamber, and oure masters of accompts that were - Clarks, by an erection that was made at Viuiers in Brie in the yeare 1319, - afterwards they added foure lay men, which sufficed for all that were - accomptable: the kingdome of Nauarre, and - all the Lowcountries being then in the hands of the kings of France. And yet we - have seen in our daes, that those which have stollen - the kings treasure and the subiects wealth, have escaped, being indebted in - great sommes of money; and infinit others which have neuer accompted. And which - is more, not long since an accomptant had gotten into his possession a great - and notable somme of money, wherewith he stood charged by his accompt, who by - collusion with a nobleman that should have a third part, he obtained the rest - by gift, and for his discharge, he produced the kings bl signed to the nobleman. So as to call accomptants to their duties, they - must oftentimes depute Commissioners with double charges, and the fault cannot be imputed to any other, but to those - officers that are created to that end. And although that all treasorers, - receiuers, comptrollers, and other accomptants should make a good and loyall - accompt, and pay what remaines due; yet notwithstanding there is so great a - number in this realme, as a third part of the receit is spent in gages, - charges, vacations, riding voyages, and the conduct of money; as hath been well - verified by the estates of the countrie of Languedock in the yeare 1556, where - I was then present: who for that cause deputed Martin - Durant, Syndic or Procurator of that countrie, to present a request - unto the king to be discharged of all officers of receit,An - offer made by the estates of▪ anguedoc, to king - Henry th - - . making offer to bring all the money that was - to be leuied vpon the subiect freely into the kings cofers, without any charge - either for officers wages, or for carriage: - shewing also particularly that the third part of the receipts went to officers, - promising to deliver unto the king a full crowne, whereas hee did not receiue - foure shillings, whereby he should saue 20000. pounds starling yearely in the - two generalities of Languedoc, only for ordinarie charges: for then the charge - of Languedoc came to threescore thousand pounds yearely. But since the officers - of the finances or treasor are so increased, as Maximinus - Lullier, Prouost of marchants at Paris, and President of the chamber of - accompts, said in open Parlament at Blois, That of the crowne there came not - eighteene pence cleere into the kings coers: the - which seemes incredible, yet he was held a man most expert in accompts. We must - then conclude, that the subiect was much opprest by the polling of officers, - seeing they made these offers: which we may - not thinke new, for that in old times they had no other receiuers but the - Viconts, Bayliffes, and Seneshals. That request made by the Syndic of Languedoc - did much please king Henry, but it displeased the - flatterers in court, and the officers of the accompts, so as it was reiected, - for the friuolous difficulties they made which had interest therein, the which - is not heere needfull to rehearse, so as it was concluded that receiuers and - treasorers were necessarie. Seeing then that accomptants and masters of - accompts is a necessarie euill (as Alexander Seuerus - said) The ewer there are, the better shall it be for - 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 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 - Paris, & now there are 34, what would they now say to see so great a - multitude. The Romans in old time had but one receiuer in every Prouince: all - customes and duties were let out to farme, and the farmers brought in their - rents to the receiuer. The first office that was giuen to gentlemen of good - families, and that aspired to greater dignities, was the office of Questura, or - Receiuer for a yeare only, and without any comptroller to make triall of their - diligence and loyaltie. He that was found guiltie of extorsion, was declared - incapeable neuer to beare any honorable - - A meane to make deceiuers true and iust. charge, - besides infamie and the losse of his goods, the which was a wise course to - assure their treasure. But it is a strange thing and very absurd in this - realme, to see so many men giue money to their maister to pick his purse. The - Emperour of Turkie doth otherwise, for he neuer sels office, and for so great - an Empire there are verie fewThe order of the receit in - Turkie. Treasorers: the Collectors (which they call Protogeres) giue - the money unto the Subachis (which are as it were the Viconts of Normandie, who - in old times had the same charge) then they deliver it to the Sangiacs (who are - as it were gouernors of the countrie) who conuey it unto the Bellerbeis, and - they send in safety unto the Defrerderlers, which are two generals of the - 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 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 - manner, and that wisely, for they that neither have children, nor can be - seduced with the flatteries and inticements of women, it is not to be feared - that they will steale the publike treasor with the hazard of their lives and - ame. As for Treasorers in France, it is more then - necessarie that such offices be giuen to gentlemen of honor and of noble - houses, as it was vsuall in old time, and is yet practised in England for the - reason that I have said. By an Edict made by king Henry - the second in September in the yeare 1554 it - was decreed, that the chiefe Treasorers should take their places before the - Stewards of the kings house, of the councellers of the court of Parliament, of - the accompts and aides, if they be not in their assemblies: and by an Edict - made by Charles the 9, he commaunds all vassals which - hold directly of the king, to do homage and fealtie unto the Treasorers of - France, the which would much discontent an infinite number of Dukes, Earles, - Barons, and great personages, who would not for any thing kneele before a base - fellow that had bought his office. Thus much concerning treasure, and for that - it consists in coyne of gold, siluer, copper and buillon, it is necessarie to - write something thereof.

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- - - - - - CHAP. III. - - Of Coines, and the meanes how to preuent that - they be not altered, nor falsified. - -

- - LOoking well into the best grounds, and strongest - 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, - euerie one in particular, and all in generall, receiue an infinit losse and preiudice, the which cannot precisely - in every point bee described,Daungerous to a state to alter - the coine. it breeds so many inconueniences. The Coine may not be - corrupted, no not altered, without great preiudice to the Commonweale: for if - money (which must rule the price of all things) be mutable and vncertaine, no - man can make a true estate of what he hath, contracts and bargaines shall be - vncertaine, charges, taxes, wages, pensions, rents, interests, and vacations - shall be doubtfull, fines also and amercements limited by the lawes and - customes shall be changeable and vncertaine: to conclude, the estate of the - treasure and of many affaires both publike and priuate shall be in suspence: - whereof the Edict made by Gratidianus the Tribune at - Rome is a good argument, who (contrarie to the opinion of his fellow Tribunes) - set a certaine price of a kind of coyne called - Victoriatus, vpon a penaltie, whereby he purchased so - great glorie to himselfe and his posteritie, as they did erect his statues in - every streete, and offred frankinsence and waxe unto them. And Tully saith, Neminem vnquam multitudint - ob id vnum fuisse cariorem, Neuer any man (for that cause only) was - deerer to the people. The Prince may not make any false money, no more than he - may kill or rob, neither can he alter the weight of his coyne to the preiudice - of his subiects, and much lesse of strangers, which treate with him, and - traffick with his people, for that he is subiect to the law of nations, vnlesse - he will lose the name and maiesti of a king, and be - tearmed a counterfetter of money: as Dante the poet - called Philip le Bel, for that he did first among - our princes corrupt the coyne, and mingle - copper with siluer, which was the cause of great troubles among his subiects, - and a pernitious president to forraine Princes: whereof he repented himselfe - too late, restoring the coyne, and inioyning his sonne Lewis - Hutin not to abate the goodnes of his coynes. And for this cause Peter the 4 king of Arragon did confiscate the estate of - the king of Maiorque and Minorque, whom he pretended to be his vassall, for - that he had abated the coyne: and yet theThe prince cannot - alter his coyne. kings of Arragon themselves did erre in that point, - so as pope Innocent the 3 did forbid them as his vassals - not to vse it: whereupon the kings of Arragon comming to the crowne doth sweare - not to change the waight and price of their money, which hath been allowed. But - 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, 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, - waight, substance, and sound. To preuent all these inconueniences, you must - ordaine that in every Commonweale the coynes be of one mettall without mixture, - and publish the Edict of the Emperour Tacitus, who - defended vpon losse of life andCovnes should be simple - without any mixture. goods, to mingle gold with siluer, nor siluer - with copper, nor copper with tinne or lead. But we may - except from this law the mixture of copper with tinne, which makes the sounding mettall, whereof bels and ordinance are - cast, not so much used in old times as now: for it is not necessarie to mixe - the twentieth part of lead with pure tinne to make it more malliable, seeing it - may be cast and put in worke without any such mixture, the which hurts the - bountie of the tinne, and can neuer be drawne from the lead. This law must not - only hold in coynes, but in all plate and works of gold or siluer, in the which - falsehood and corruption is more ordinarie than in coynes, for that the triall - is not so easie, and oftentimes the workemanship is as deere as the substance - it selfe: wherein Archimides is much deceiued, seeking - to find out what the goldsmith had stolne out of that great crowne of king Hieron, and not to deface the fashion, (for as then they - had no vse of the touchstone) he tooke two lumps or masses one of gold, and another of siluer, putting either of them - into a vessell full of water, and by the effusion of the water he iudged the - proportion of the gold and siluer, then filling itArchimides - error in triall of mettals. againe with water, he put the crowne into - it, the which cast forth lesse water then the masse of siluer, and more then - that of gold, whereby he coniectured that the goldsmith had stolne a fift part: - but his iudgement was vncertaine, for he supposed the mixture or allaie to be - of pure siluer, when as the goldsmith to make the gold more firme, and to giue - it the better luster, makes it most commonly of copper, being also of lesse - charge, the which is much lighter then siluer, which makes the gold looke - paler; and so by consequence copper hath a greater bodie then siluer in a masse - of an equall waight, and differs as much as thirteene do from eleuen: and if - the allaie or mixture were of copper and - siluer, it was impossible to make a true iudgement, vnlesse he could - distinguish how much there was of either; and although it were knowne, yet - shall he erre insensibly in measuring the drops of water, through the - difference of the masse and proportion of the mettals: there is no refiner nor - 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 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 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 - wrought, as in coynes vpon the like penalties, to the end that the vse of gold - in plate and moueables may be pure. And for that it is impossible (as refiners - say) to refine gold to 24 Carats, but there must be a little of some other - mettall with it; nor siluer at twelue deniers, but there must be some allaie, - and euen the purest refining according to the lawes is of 23 Carrats and three - quarters, and hath a fourth part of a Carrat of allaie, and of siluer eleuen - deniers, two graines and three quarters, such are the royals of Spaine, or else - eleuen deniers and eighteene graines, as is the siluer at Paris, the which is - of all others the best, for that it hath but a - fortie sixt part of copper mixt with it. And in the best Spanish siluer there - is a thirtie sixt part of copper, and without any great charge (besides the - difficultie and length of time) they may worke gold in plate, or in coyne of 23 - Carrats, and siluer of eleuen deniers twelue graines pure, without any allaie: - for in so doing, the proportion of gold to siluer shall be equall, for the - allaie shall be alike in the one and the other, that is to say, that in 24 - pounds of siluer at eleuen deniers and twelue graines; and in 24 pounds of gold - at 23 Carrats: there is a pound of other mettall in the gold which is not gold, - and so likewise in the siluer which is not siluer, be it copper or any other - mettall, and such siluer is called in this realme, - the kings siluer, in the which the 24 part is - copper, and by this meanes the coynes of gold and siluer shall be stronger, and - more durable, whereby they get much in the working in the fier, and in sodring, - and they keepe it from wasting and brittlenes.

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And to the end the iust proportion of gold to siluer, observed in al Europe - & neighbour nations, (of twelue for one, or thereabouts) may bee also kept - in the weight of money: it is needfull to coine money of gold and siluer of the - same weight of sixteen, two and thirtie, and threescore and foure peeces to the - Marke, without any alteration either in raising or abating; to auoid on the one - side the difficultie of stamping it, and on the other side the brittlenesse of - fine gold and siluer, if the coine were lighter than one denier. Whereas on the - other side also, if they make any come weighing aboue halfe an ounce, it is easily counterfeited, by reason of the - thicknesse thereof: as we see in the Portugueses of gold, and the Dollers of - siluer, which weigh aboue an ounce: as also that coine of three Markes and a - halfe, which the emperour Heliogabulus caused to be - made: and that which was coined with the stampe of Constantinople, weighing a - marke of gold, whereof the emperour Tiberius presented - fistie to our king Childeric. By which meanes neither - chaungers, nor marchants, nor goldsmiths, shall euer be able to deceiue the - common people, which is ignorant of the bountie and weight: for they shall be - alwayes forced to giue twelue peeces of siluer for one of gold; and every one - of the peeces of siluer, shall weigh as much as the peece of gold of the same - marke: as we see in the single Royals of - Spaine, which weigh as much as the French Crowne, which are (according to the - weight set downe in the yeare 1540) two deniers sixteene graines; and that - twelue single are iust the value of a French Crowne. Why then may not all - coynes of gold and siluer be equall in weight? and all of one weight of both - mettals have one stampe, or caracture? Why may there not be the same likenesse - & proportion of both mettalls? If this might be effected (as I hope it - will) all meanes to falsifie money would be taken away. And to the end the - simpler sort may not be abused in the chaunge of the said peeces, as well of - gold, as of siluer; nor to take the single for the double (as they do - oftentimes in Royals of Spayne, and in the new coyne of king Henry the second) it is needfull that the stampes be diuers, and not - alike as those of Spaine. And yet as touching - siluer, to the end they shall hold the certaine titles of Soulz, pettie Denier, - and Liure, as it is specified in the edict of king Henry - the second, made in the yeare 1551; and by reason of the payment of rents, - amercements, and the lords rights, according to the customes and ordinances; - 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 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 - blanch, or copper money, may cease, being now - conuerted unto Soulzes, such as they were in the time of Saint Lewis▪ that is, sixtie foure to a Marke of the kings - siluer. And as for other growing out of annuities, purchased for money, the - rent must be paid according to the value of the Soulz which it held at that - time, when as the rent was purchased; the which was but foure Deniers an - hundred yeares since, and is now but the third part of the auntient Soulz: the - which it will be needfull to put in vse. Such was the Drachma, or Groat of - siluer, used throughout all Greece, which was the eight part of the ounce, - which wee call a Gros, and of the same weight with the Soulz which Saint Lewis caused to be coined, the which were called Gros - Tournois, or of Tours, and Soulz Tournois: By the - which Soulz Tournois, or of Tours, all antient contracts are ordered, and many - treaties not onely within the realme, but also - among straungers: as in the treatie made betwixt the Bernois, and the three - small Cantons of the Swissers, where it is said, That the Souldiors pay, should - be a Soulz Tournois. The like was in this realme, and for that cause it was - called Sold, and it was like unto the pay of the Romans, as Tacitus said, and of the Grecians, as we read in Pollux. For the Drachma, or Groat, is of the same weight with the - Soulz Tournois. The Venetians have followed the antients, and have made the - ounce of eight Groats, or Drachmaes, and the Drachma of 24 Deniers, and the - Denier of two Halfepence, or twentie foure graines: as we vse in France, from - which order we may not stray, as being most auntient in all Greece, and the - Orientall regions. - -

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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. - - Buda was deceiued, saying, That there were eight Deniers - in the ounce, and that the Romans Denier, or Peny, was equall with the Attique - Drachma, and the Roman pound like unto the Attique Myne; being most certaine - that the Roman pound had but twelue ounces, and the Greeke Myne sixteene - ounces, according to the marchants pound weight within this realme: the which - George Agricola hath well observed by the calcull of - Plinie, Appian, Suetonius, and Celsus. But at this day it is straunge to see the great diuersitie of - pounds and ounces in all nations, nay in one and the same kingdom there are in a manner an infinit sort of pounds: - whereof I will make mention of some few. An hundred weight at Paris, make 116 - pound at Lion, at Rouan 96⅔, at Tholouse 121 pound, at Marseilles 123, at - Geneua 89, at Venice 165½, at Genoa 155, at Basil 98, at London 109½. That of - Pais and Strausbourg agrees, so do they of Basil, - Nuremberg, and Francford, and they of Thoulouse, Mompellier, and Auignon, agree - in the same pound weight: but they of Tours have a lighter pound, for fifteene - ounces at Paris makes sixteene at Tours. The like difference of weight is to be - observed in the East, and in Affrike, for 100 rowls at Thessalonica, make 91 - pounds at Paris: 100 rowls at Damasco, make 120 pounds at Paris, 100 rowles in - Siria, make at Paris 503 pounds and foureteene ounces: the like may be written - of many others. But the lightest pound weight - of all, is that of Naples, for there an hundred pound weight, make but seuentie - foure at Paris. But all this diuersitie of weight may easily bee reconciled in - coynes, if they coine their peeces of gold and siluer of the same weight, the - same name, and the same bountie, that is to say, that there be no more - abatement in the gold, than in the siluer, whereby they can neither raise nor - 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 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, - and the most ignorant shall know the bountie of the one and the other coine by - the sight, the sound, and weight, without either fire or touchstone. For seeing - that all nations for these two thousand yeares and more, have alwaies kept, and - still do keepe an equall proportion from gold to siluer, it will bee impossible - either for the subiect or the prince, to raise, pull downe, or to alter, the - prices of coines of gold or siluer, if base money bee banished the Commonweale, - and gold set at 23 carats. And yet for that the smallest coines are profitable - to the poorer sort, it is needfull to coyne a third - kind of money of copper, without any other mixture, as they have - begun, and as it is practised in Spaine and - Italie: or else diuide the marke of silue in 15036 peeces, euerie peece - weighing nine graines, that the poore may buy the smallest things therewith. - For whereas the queene of England hath banished all base and copper money, and - reduced all her coines to two kinds onely, the least peece of money, which is a - peny, being in value about ten Deniers, shee takes from her subiects the meanes - to buy any thing at a lesse price; and which is worst, they cannot giue lesse - alms to a poore bodie, than of a peny, which holds many from giuing, as I have - shewed in the Paradox against Malestroit: the which the - Chauncelour of England caused to be translated in the yeare 1569, hoping to - redresse it. But it were farre more expedient, to have no other coine but of - gold and siluer, if it were possible to coyne any money lesse than the - penie, and that they would diuide the Marke - of siluer (as in Lorraine) into a thousandThe French copy - saith 8000. peeces, which they called Andegauenses: for that Rene duke of Aniou and of Lorraine caused them to be - coined, two hundred whereof make but sixpence; and fortie, one Soulz of our - base money: and yet they are of reasonable fine siluer. But making it but halfe - so little, it would be more firme, and of the same hieght that I have spoken, - and they may be cut and stamped at one instant. For the price of copper being - vncertaine in all places, it is not fit to make money of, the which must - alwayes be kept as certaine as may be: besides, there is no mettall so subiect - to rust, the which doth consume both the stampe and substance: and contrariwise - neither gold nor siluer do euer rust. And as for the price, we read, that - during the Punike warres, the pound of siluer was worth eight hundred and fortie pound weight of copper, after - twelue ounces to the pound; & then the Denier of pure siluer, which was but - the seuenth part of an ounce, was raised from ten pounds of copper to sixteene - (as Plinie saith) which was after the rate of eight - hundred ninetie six pounds of copper, for one pound weight of siluer, the pound - weighing twelue ounces. Afterwards the least coine, which was a pound of - copper, was halfe abated by the law Papiria, so as the price of copper was - double that which it was - - Fest. lib. 17. in verb. - sestertius. - - before: and when as siluer came in great aboundance, it was reduced to - a fourth, remaining in the same value, which was 224 pound of copper for a - pound of siluer: the which is neere the estimation of copper in this realme, - whereas one hundred pounds, at sixteene ounces - to the pound, are worth but thirtie six shillings starling: and in Germanie it - is better cheape, although their mouables are thereof; yea in some places the - churches are couered with copper: but in Italy it is deerer, and in Spaine and - Affrike much more, for it is very scant there.

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Some one may obiect, That the aboundance of siluer may also cause an abatement - of the price, as we read in Titus Liuius, that by the - 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 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 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, 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 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 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 - pound of siluer, as Iulius Pellux saith. And in Augustus his time, the king of the Indians, had the same - estimation of gold to siluer, the which was then brought to Rome: and therefore - 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 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 - long: and after him Vespasian, who imploiedA wonderfull masse to guild the Capitoll, seuen millions - and two hundred thousand crownes, to guild the Capitoll. And Agrippa couered all the temple Pantheon with copper, and then guilt - it, to keepe it from rusting. And oftentimes siluer is guilt, although of it - selfe it will neuer take rust. Doubtlesse we may well allow the holy ornaments - to be of gold, for that the law commaunds it: but to have vessels of gold, - 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 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 - the valuation of coines made of these two mettals shall be equall in all - states, banishing away all base money. Moreouer a generall traffique dispersed - more now ouer the face of the whole earth than euer, cannot allow of any great - alteration of gold and siluer, but by a common consent of all nations. But it - is impossible to hold the price of things, retaining this base money, the which - is altogether diuers and vnequall: for euen as the price of all things doth - fall, as the value of money decreaseth, (as the law saith) so doth it rise in - raising the price of mony. And it must rise & fall, for that there is no - prince which holds the laws of mynting equall with other Commonweals, nor yet in his owne: for that the Aloy of the Soulz - differs from that of the Teston, and of pettie Deniers Doubles, Lyards, & - peeces of six, and three blankes, the which continue not long in one estate. - The first beginning in this realme to abase the siluer coine, and to mixe the - 24 part of copper therewith, was to giue occasion to marchants to bring siluer - into this realme, where there is none growing: for eleuen Deniers and a halfe - in Fraunce, was as much as twelue Deniers in another countrey. But this deuise - was needlesse, considering the great riches of Fraunce, the which they will - alwaies fetch bringing gold and siluer from all parts. This mischiefe tooke - deeper root in the time of Philip the Faire, who did - impaire the blanched money the one halfe, in the yeare 1300, adding as much - copper unto it, as there was siluer: a while after it was brought to a third, so as the new Soulz was worth but a third - part of the auntient. And in the yeare 1322 the Aloie of Soulzes was so weake, - as the Marke of silue was worth 80 8. lib. starling. Liures Tournois, and had 1600 peeces - for a Marke of copper. True it is, that in the same yeare that Charles the seuenth recouered his crowne which had beene - taken from him, he caused a new coine to be made in the moneth of October, the - 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 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, 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 - and sixteene graines: the Soulz of Wirtzburg, and the Reichs groschem at six - 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 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 - seuen deniers ten graines: the Brelingues of Gueldres, are at eight deniers, - and the third is copper. In former times the Soulz, or Groat of England, was at - ten deniers twentie two graines: and neuer did all this base coine continue - aboue twentie or thirtie yeares at one rate or standard, or at the same weight; - and from thence growes the difference of the great Liure Tournois, of the - lesse, and of the meane, the Liure or pound of Normandie, the Liure of - Brittanie,A Liure is two shillings starling and - the Liure of Paris, the which are all different, as wee may yet see it in the - taxes of the popes chamber. And in Spaine the Liure or pound of Barcellona, - Toledo, Molorque; In England the pound - starling is worth ten of ours: And in Scotland there are two sorts of Pounds, - the one starling, the other ordinarie. There is no prince in Italie, that hath - not his Pound different from others: as in like case the Marke hath generally - eight ounces: but the ounce of the Low countries is weaker by six graines than - ours, and then that of Cologne by nine graines, that of Nuremberg six graines, - and contrariwise that of Paris is stronger by an ounce. The Marke of Naples - hath nine ounces, that of Salerne hath ten: and there is no towne almost in all - 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 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 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 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 - blot their paper that it may not be read, fearing that if their secrets were - discouered, they should be little esteemed: so these Mynt-maisters, in stead of - speaking plainely, and to say, that the Marke of gold of twelue parts, hath two - of copper, or of some other mettall, they say, - It is gold of twentie carats: and in stead of saying, that a peece of three - 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 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, 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 - Barbarie, or an Imperiall of Flanders, almost of the same weight and touch with - the auntient Ducat, worth ten Carlius of siluer, and the Carlin ten Soulz of - the countrey, at 46 peeces to the Marke of gold, and six to the ounce, the - which they diuide into thirtie Tarijs, and the Tarij into twentie graines, the - which is one grosse vpon the ounce, more than the common ounce, which hath but - eight grosse. The law calleth this coine of gold Solidus, the which (as the - Angell) hath fortie eight peeces for the marke, and seuentie two for the Roman - 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 - 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, - as the Angell. But since princes by little and little, and by graine and - graine, have brought it to three deniers, the which is the old Crowne. And in - the time of king Iohn the old Crowne being diminished by - little and little, as by the auntient Crowne Sold of three graines, they did - coyne Crownes of two deniers and twentie graines weight, of the same standard - with the auntient, the which they called Francs, on foot, and on horsebacke - (for then they called all French men Francs, as yet in all the East all the - nations of the West are called Franques) at which time the Crowne of - Burgongne, which they call Ride, was also - coyned of the same weight and goodnesse: the which have continued vntill the - time of Charles the eight, that the Franc Crowne was - diminished six graines in weight, and three quarters of a Carat in finenesse: - 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, 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 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 - the fioenesse of the Crownes of Spaine, of one Carat and three quarters, and - three graines in weight, causing them to be coined at twentie two Carats, and - 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 & 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 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, - as the Royals of Castile, which hold all eleuen deniers three graines of pure - siluer: out of the which other princes heretofore have - gained verie much: for being conuerted into French Testons out of ten - thousand pounds starling, they did gaine - 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 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 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 under 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 - worth after the same proportion fifteene liures thirteene soulz tournois, the - marke of fine siluer; and by reason of the difference of the bountie of the - siluer the said testons were lesse then those of France 41 soulz eleuen deniers - tournois in the marke, abating for every peece of the said testons one soulz - eleuen deniers. Those of Berne for that they were of nine deniers twentie - graines of fine siluer for the marke were - worth one denier tournois in every peece more then those of Soleure, in gayning - therefore but twelue pence vpon a marke it is a great gaine. The Flemings do - the like, conuerting the testons of France in royalls of Flanders. every Prince - hath prouided well by his lawes that neither gold nor siluer should be - transported unto strangers vpon grieuous punishments, but it is not possible to - have them well executed, but that much will be transported both by sea and - land. And although none should be transported, yet the subiects should alwayes - have good means to melt, alter and falsifie both gold and siluer coyne, if - there be diuersitie of standards; which growes either by licenses graunted to - some goldsmiths, or done against the lawes; for they purse vp that which wants - in the fines of the siluer which they worke, as - well for the abatement which is allowed them, as for the enamell and solder - 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 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 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 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 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, 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 - proverbe, It is siluer plate, there is - nothing lost but the fashion. Therefore to preuent all these inconueniences, - the standard of coyned money, and of works of gold and siluer, must be all one, - that is of three and twentie Carats without any alaie or mixture, in gold; and - 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 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 - still, so as the fraud will neuer cease. The root of abuses is the confusion of three mettals, gold, siluer, and - copper; which ceasing, neither shall the subiect nor the stranger be able to - commit any fraud, but it shall bee soone discouered. But euen as copper and - brasse money was not allowed in this realme, for that there was none coyned, so - billon or mixture being forbidden, the strangers base moneyBillon. shall be also banished the realme: but so long as the Prince - or Commonweale shall coyne base money, there is no hope that strangers subiects - will euer cease to counterfet in priuat, or to receiue all strange coynes. - There is also another benefit both to the generall and particular, which growes - (as I have said) by the defence of the mixture of mettals, whereby they shall - auoide hereafter the losse of siluer, the which is accounted for nothing in - gold of 14 Carats and vpward, and is lost for the charges of the - refining, the which is done by strong water: - for they must have sixe shillings starling at the least, yea eight to deuide a - marke, yet the losse is very great in a great somme, as all the florins of - Germanie are but sixteene Carats, or sixteene and a halfe at the most, so as in - a hundred thousand marks there are thirtie three thousand marks losse, and of - foureteene Carats fortie thousand marks and more. And besides that which I have - said, the abuses of officers of the mint shall cease in regard of the - abatements, cut of the whichEscarcetes, & blages. the officers were - payed their wages; for the abolishing whereof, Henry the - 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 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 - coyne all sorts of moneys, and to cause them to be payed by the receiuer of the - place, the lords right remaining: the which notwithstanding the auntients did - not know, and there was nothing deducted out of the money, no not the right of - Brassage, as it were verie necessarie, or rather that a taxe were laied vpon - the subiect for the coyning of money, thereby to take away the lords right, or - any other duties, as they did in old time in Normandie, and at this day in - Polonia, to preuent the notable losse which the subiects do suffer. By this - meanes also the diuersitie of the price of the - marke (which breedes a million of abuses) shall cease, and forraine coynes - shall not be receiued but only to melt, without reckning of any thing for the - lords rights, notwithstanding letters of permission obtained by neighbour - Princes, to deliver forth their money in his realme at the same rates as in - their owne territories. And for the taking away of all occasions for the - falsifying, altering, or changing the standard receiued for coynes of gold - & siluer, it shall be needfull to have all the money coyned in one citie - only, whereas the iudges of the mint shall remaine, and to suppresse all others - (if the monarchie or Commonweale have not so large limits, as of necessitie they must have more) in which place all the refiners - shall worke▪ with a prohibition vpon paine of - death not to refine in any other place, for from them come the great abuses, - and to giue notice unto the ordinarie iudges by preuention to punish all abuses - that shall be committed; for it is well knowne what abuses there have been in - this realme in the coyning of money. It is therefore necessarie to imitate the - Romans, who for all the subiects of Italie had the temple of Iuno only where they did coyne three sorts of money pure and simple, - gold, siluer, and copper, and there had three maisters of the mint, who caused - it to be resined and stampt publickly in view of all the world. And to the end - that no man should be abused in the price of the coynes, there was also a place - appointed where to take the essay or triall of money, at the request of Marius Gratidianus. We reade also that in this realme by - a law made by Charlemaigne, it was forbidden to coine any money but in his Pallace, although - his Empire stretched ouer all Germanie, Italie, and the greatest part of - Spaine: but since that king Philip the faire, Charles his sonne, and king Iohn - had established many mints in this realme, and many masters, prouost and other - officers in every mint, abuses have also multiplied. But here some one may - obiect, that the Persians, Greeks and Romans did coyne money of pure gold, - siluer and copper at the highest value that could be, and yet did they falsifie - it, as we reade in Demosthenes oration against Timocrates. I answere, that it is impossible to purge the - Commonweale cleane of these people, but for a thousand that are now you shall - not then find ten, the value of gold and siluer being knowne to every - man as I have declared. And if there be any - prince so ill aduised as to alter the bountie of his money to gaine thereby, as - Marc Anthonie did, who coined siluer that was very - base, it will be sooner reiected, besides the blame he shall receiue of all - men, and the hazard of the rebellion of his subiects, the which was great at - such time as Philip the faire imbased the money. - Whatsoeuer the reasons be, it is most certaine there were neuer fewer coyners - of counterfet money than in the Romans time, when as they had no money either - of gold or siluer but of a high standard; and therefore Liuius Drusus the Tribune was blamed, for that he had presented a - request unto the people to have an eight part of copper mingled with the siluer - money, or as the mintmen say, they should coine money of ten deniers and twelue - graines fine: which shewes that euen in those - daies they would not admit any confusion or mixture of gold or siluer, and that - their siluer was of the highest rate, as also their gold, as we may see in - their medalles of gold, the which are of 23 carats and three quarters; and we - find some marked with the Emperour Vespasian, where - there wants but the 32 part of a Carat but it had been 24 Carats; the which is - the purest and finest gold that can be seene. But it sufficeth for the reasons - that I have alledged, that the gold be of 23 Carats, and the siluer at eleuen - Deniers and twelue graines pure. And let them not excuse themselves that they - cannot command the fire, and therefore they demaund a fourth or an eight part - of alaie: the which is the cause of many abuses. Yet some may say that it is - more expedient to coine dobles and deniers of baser siluer, to auoide the - heauines of copper money. I say, that if it be - allowed to coyne base money how small soeuer, that it will proue very - preiudiciall, and will be practised in liards and soulzes. And although they - did coyne nothing but Dobles and Deniers, yet should they alwaies open a gap - for coyners to deceiue the common people for whom this money is made, in the - which he hath no knowledge, neither doth he care to have any, for the small - value, without inquiring of the bountie thereof. I have a letter of Iames Pinatel written to king Henry the 2, in the which are these words: Sir, I thought good to - aduertise you that within these sixe moneths they have coyned in one of your - mints, soulzes that are too base by foure shillings in waight vpon every marke, - and foure soulz in the goodnes of the mettall: when i - shall please your Maiestie I will shew you the worke, - and I will acquaint you with the losse which - you and your subiects do receiue, the which will grow greater if you preuent it - not with all rigour. It was at that time that he coyned the peeces of sixe - blanks, or three pence by the kings commandement, of foure deniers of siluer, - and two deniers of copper, and foure deniers and foureteene graines of waight; - 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 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 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 - money. By this meanes also the domage shall cease which the poore receiue by - the decrying of money, or deminution of the price thereof, after they have made - 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 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: - and for the marke of siluer wrought the king should get foure shillings, - whereas now he gained but sixteene deniers being wrought in testons. He aduised - to coine money of the kings siluer of twelue soulz tournois currant, and of - thirtie peeces to the marke, of the waight of sixe deniers nine grains, the - halfe and the quarters after the rate; and of gold coines of 24 Carat, and one - 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 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 - his mints, and yet ease his people, if that be true which Plato saith, That no man gaines but another looseth: and the losse by - an ineuitable necessitie fell vpon the subiect, seeing the stranger felt not of - it. It is very necessarie that some great prince should mediate that by his - ambassadors with other princes, to the end that all by a generall consent - should forbid the coining of base money, setting the value of gold and siluer - as it hath been formerlie said, and vsing the marke at eight gros or drachmas, and of 570 graines to the ounce, the which - is the most common; and therefore should not be of any great difficultie, for - that the Catholike King and Queene of England have alreadie banished all base - money, and all the coines of gold in Spaine (except the Pistolets, and the - money of Portugall) are at the highest value, and their coines of siluer at - eleuen deniers and three graines, the which is the highest that is. And it - should be good to have the money cast in forme of a medall, as the auntient - Greeks, Latins, Hebrews, Persians and Aegiptians did, for the charge should be - much lesse, the facilitie greater, and the roundnesse more perfect, to preuent - all clippers, it should not be subiect to bow and - breake, and the marke would continue for euer, we should not be troubled with hammering, neither should there - be any need of a cutter, of the cisers, or of any helpe at the waight, which - falls not out so in that which is stampt; moreouer, they shall make more in one - day than they can do now in a yeare. They should also take away all meanes from - false coyners to mingle mettals so easily as they do with the presse and the - stamp, whereas the peece stretcheth out in breadth which couers the thicknes, - whereas the mould would make all medalls of the same mettall equall in bignes, - waight, breadth and forme: whereas if a counterfetter would mixe copper with - gold more than the allowance of 23 carats, the volume of copper which is in an - equall waight twise as big and an eight part more, than that of gold, or twise - and an eight part lighter than gold in an equall masse, would make the - medall much greater, and discouer the - falsehood. For it is most certaine, that if a masse of gold equall to a masse - of copper doth waigh 1550 ferlins, that of copper shall waigh but 729 ferlins, - the which is as seauenteene to eight in a grosse waight; as I have learned of - 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 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 - precisely, as 998 to 929; but they can make no vse of it to counterfet, for - that it flies from all other mettalls but from tinne: and much lesse can they - vse tinne, being a poison to all other mettalls, and cannot be cast for siluer, - for that it is lighter as much as nine is to thirteene, or precisely as 600 is - to 929: and much lesse being disguised for gold, the which is heauier than - tinne in an equall masse, or of a lesse volume in an equall waight, as much as - is betwixt eighteene and seauen, or ustly betwixt - 1551 and 600, the which is twise and two seauen parts heauier. As for ron, those that do counterfet can make no vse of it by - melting, for that it will not be mixt neither with gold nor siluer; and the - brasing of plates vpon iron is not hard to discouer. Plinie calles it - - Feoruminatio, and we, brazing or soldring, the which the - counterfetters of his time did vse. The Seigneur of Villemor, Commissarie of - the warres, did shew me an auntient medall of iron couered with siluer, yet the - waight and the bignes doth easily discouer the falsehood, if they looke - narrowly into it, for that siluer is heauier than iron in an equall masse, or - lesse in quantitie being of equall waight, as much as is from foure to three, - or precisely from 998, to 634. And as for gold, it is impossible that this - ferrumination and soldring can any thing auaile coyners, seeing that gold is - lesse of bodie than iron in an equall waight, or more heauie in an equall - masse, as much as is from sixe to nine, or of 1556 to 634. It is not to be - feared that quicksiluer can falsifie these two mettals, although it approcheth - as neere to gold in waight as three to foure, or 1558 to 1551, for that they have not so great knowledge to fixe it, - but it euaporates into smoke. And thus much as touching the forme of coynes, - and the profit that shall come by casting, as it was in old time, and vntill - 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 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 - a hundred marks of substance, whereas there is - but one or two at the hammer, and the sound also did differ from that which was - 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 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 - or siluer waighing foure drachmas, the which is halfe an ounce, shall be equall - to the sicle of the Hebrews, and the peece of two drachmas or of 32 to the - marke shall be equall to the stater Atticus, to the old Philip, to the rose - noble, and to the medalls of gold of the - auntient Romans, which the law called Aureus: and the peece of one groat, sold - tournois or drachma of 64 to the marke, shall be equall to the Attique drachma, - and to the Zuza of the Hebrews, the which in Greece, and throughout all the - East was a hirelings daies worke. True it is that the siluer pennie of the - Romans was more in waight than three seuen parts, then a souldiers daies pay in - Augustus time, the which is a little more then a - single roiall of Spaine. And if the alterations and changes which are made - sodenly be hurtfull and pernitious, they may proceed by little and little, - causing money to be coined as I have said. Vpon these difficulties (being - deputed for the Prouince of Vermandois, at a Parliament held at Blois) I was - called with the first President and three Generals of the mint, and Marcel Superintendent of - the Treasure, to repaire the abuses of money, and in the end all that I have - heere said was held to be very necessary, and yet the difficultie and diseases - of the Commonweale which were incurable, would not at that time allow of it: - which was as much to say, that it were better the sick should perish in - languishing, than to cause himBillon. to drinke a - troublesome potion to cure him. I confesse that siluer mixt will come but to a - moitie, being purified to eleuen deniers, twelue graines; but it will continue - for euer if the standard be once setled as I have said, if it be not done the - Commonweale must needs come to ruine.

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- - - - CHAP. IIII. - - A Comparison of the three lawfull - Commonweales, that is, a popular estate, an Aristocraticall, and a royall; and - that a royall Monarchie is the best. - -

- - WEe have hitherto in my opinion discoused at large of all the parts of a Commonweale, it - remaines for a conclusion to know the commodities and discommodities of every - kind of State, and then to make choise of the best, the which was necessarie to - reserue unto the end, after that we had - discoursed both in generall & in particular of all the points of a - Commonweale. Seeing then there are but three sorts of Commonweales, that is, - when as the whole people, or the greatest part commaunds with absolute power, - or else the least part of the citisens, or one alone; and that either of the - three may be honest and commendable, or vicious, we must not only flie that - which is most vicious, but also chuse the best. The tyrannie of one absolute - prince is pernitious, & of many much worse: but there is no tyrannie so - dangerous as that of a multitude; for so doth Cicero - - call it: yet is it not so bad as Anarchia, where there - is no forme of a Commonweale, no man commands, - and no man obeyes. Let vs therefore she those that be vicious, and make choise - of the best of these three lawfull gouernments: and to the end that all may be - made plaine, I will set downe the commodities and discommodities of every one - apart. First, some one may say, that a popular estate is the most commendable, - as that which seekes an equalitie and indifferencie in all lawes, without - favour or acception ofReasons for a Popular estate. - persons, and which reduceth their civill constitutions to the lawes of nature: - 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, having changed the royall estate into a - popular, he burnt all obligations, banished - 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, - slanders, partialities and factions, which can have no place when all are - equall, and that one can have no preheminence ouer another. If then societie - betwixt man and man cannot be maintained without friendship, and that the nurse - of friendship is equalitie; seeing there is no equalitie but in a popular - state, of necessitie that forme of Commonweale must be the best: in the which a - naturall libertie and iustice is equally distributed to all men without feare - of tyranie, crueltie, or exaction; and the sweernes of a sociable life seemes - to draw men to the felicitie which nature - hath taught vs. There is one point that seems very considerable, to shew that a - popular estate is the goodliest, the most excellent, and the most perfect, - which is, That in a Democraty there have alwaies been greater commanders in - armes, and worthier men in lawes, greater orators, philosophers and handicrafts - men than in the other two estates: whereas the faction of few great men among - themselves, and the iealousie of a Monarke keepes the subiects from all noble - attempts. And it seemes that the true marke of a Commonweale consists in a - popular estate only, in the which the whole people inioyes the publick, - diuiding the common treasure amongst them, with the spoiles, rewards, honors - and conquests, whereas few noblemen in - Aristocratia, and one in a Monarchie seeme to conuert all the publicke good to - their owne priuate commodities. To conclude, if there be nothing more to be - desired than to have the magistrates obedient to the lawes, and the subiects to - the magistrates, it seemes it is best observed in a popular state, whereas the - law alone is ladie and mistres ouer all. These reasons are produced by popular - men to maintaine a popularReasons against a Popular - estate. estate; they have a goodly shew, but in effect they are like - unto spiders webs, the which are very subtill and fine, but have no great - force: for first of all, there was neuer Commonweale where this equalitie of - goods and honors was observed, as we have shewed before concerning goods; and - as for honors, they should do therein contrarie to the law of nature, which - hath made some more iudicious and more ingenious than others, and by consequence hath ordained some to gouerne, - and others to obey; some she hath made wise and discreet, others foolish and - mad; to some she hath giuen excellencie of wit to gouerne and command, to - others force of bodie to execute their commandements. And as for the naturall - libertie they so much preach of in a popular estate, if that were of force, - there should neither be magistrates, lawes, nor any forme of state whatsoeuer; - else there should be no equalitie: and yet there is no forme of Commonweale - which hath so many lawes, so many magistrates, nor so many comptrollers as a - popular estare. And as for the publick reuenues and treasor, it is most - certaine that there is no Commonweale where it is worse gouerned than by the - 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 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 - his Commonweale, which was the most popular, and amongst the popular the most - esteemed, and best ordered; or to speake more properly, the least vicious (as - Plutarch saith;) What iudgement would he have giuen - of other Democraties, and Ochlocraties? Wherein Machiauel is much deceiued, to say, That a Popular estate is the best: - and yet forgetting his first opinion, in anther place hee said, That the onely - meanes to restore Italie to her libertie, is - to have one prince, labouring to frame the most Tyrannicall estate in the - world. And in another place he confesseth, That the estate of Venice is the - goodliest of all, the which is more Aristocraticall: so as no man can iudge - what this wicked and inconstant man meanes. If we shall beleeue Plato, wee shall find that he hath blamed a Popular - estate, tearming it, A Faire where every thing is to bee sold. We have the like - opinion of Aristotle, saying, That neither Popular nor - AristocraticallA Popular estate condemned of many great - men. estate is good, vsing the authoritie of Homer, - - . And the Orator Maximus Tirius holds, That a Democraty is pernitious, - blaming for this cause the estate of the Athenians, Syracusians, Carthagineans - and Ephesians: for it is impossible (saith Seneca) that - he shall please the people, that honours vertue. And therefore - - Phocion (one of the wisest, and most vertuous men that - euer was) was alwaies opposit to the people of Athens, and the people to him: - and as on a certaine day the Athenians allowed of his counsell, he turned to - his companions, saying, Quid malū mihi accidit, vt populi - sensus cum meis congruerent, What ill have I done, that the people - concur with me in opinion? And how can a multitude, that is to say, a Beast - with many heads, without iugemēt, or reason, giue any good councel? To aske - councell of a multitude (as they did in oldtimes in Popular Commonweals) is to - seeke for wisdome of a mad man. The which Anacharsis - seeing, & that the magistrats and antients delivered their opinions in open - assembly, and then the people concluded; he said, That in Athens wise men - propounded, and fooles disposed. And admit one might draw a good resolution - from a multitude, who is he so sencelesse, - that would thinke it fit to publish a matter of state in an open assembly? Is - it not to prophane holy things? and yet holy things beeing prophaned, may be - purified: but a secret concerning affaires of estate, being once published and - spred abroad, there can nothing be expected but preiudice and dishonour to the - Commonweale. And for this cause especially the Commonweale of Athens, of - Siracusa, and of Florence, have bene ruined. I omit the difficultie to assemble - the people in one place, the disorder that is in a multitude, the varietie and - 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 - (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 - as the authoritie of the Senat, and the soueraigne maiestie, was by this meanes - subiect unto six or seuen: whereby the state was brought into great danger, in - not resoluing speedily in vrgent affaires. For by the lawes of Solon, and of the twelue tables, the people must bee - assembeld three times, before they should allow of any law that was published. - Oftentimes it chaunced, that the flying of a bird on the right hand, or the - crying of a rat, or the falling sicknesse (it may be of some drunken man) - hindred the assembly; or at the least protestation of - some stamering sooth-sayer, or the opposition - of a magistrat, all was dissolued. Whereof Cicero and - Cato himselfe complained verie much, for the power - and favour of competitors (which were alwaies many in number) to have offices, - and being enemies one to another, hindred the assembly of the people, or - troubled it being assembled; and the magistrats which were in office supported - them, to continue their power: so as sometimes a whole yeare was spent without - the creation of a new magistrat: as it happened when as Pompey the Great was chosen Consull alone. And therefore the Grisons, - who maintaine a Popular estate, assemble the people but every two yeares at - Coire, for the creating of new magistrats, andThe Grisons - assembled every two yeares. the making of new lawes. For there is - nothing more daungerous, nor more contrarie to a Popular estate, than to - continue magistrats long in their office. What is more absurd, than to allow of the rashnesse of a light and inconstant - multitude for a law, who in discerning and giuing of honours, are commonly - carried away with a blind and inconsiderat violence, rather than with any - setled iudgement? What is more foolish, than in the greatest extremities of a - Commonweale, to seeke councell from a mad multitude? for the magistrat can do - 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, 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 - like happened at Florence, when as the emperours armie approached to besiege - them, at the instance of pope Clement the seuenth, al - the people were so amazed, as they knew not what to resolue: For by the lawes - of Florence, all the citisens should assemble before the Towne house, to - resolue vpon the articles propounded by the chiefe magistrat, and then they - were quite daunted. It is the weaknesse of a multitude (saith Titus Liuius) to waxe proud, and to insult with all licentiousnesse in - prosperitie, and to be deiected and amazed with any aduersitie. And how is it - possible that the soueraigne maiestie of an estate shall be maintained by a - multitude, guided by a magistrat, who oftentimes must keepe them in awe by - seueritie, Et in qua regenda plus poena, quam obsequium - - - - valet (said Titus Liuius) In the - gouernment whereof punishment more than obedience preuailes. So Phocion, seeing that the Athenians would not giue him - audience, he cried out, O fustuarium Corcyraeum, quous talento pretio sius, O scourge of Corfu, moreA multitude cannot - maintain a maiestie. pretious than any - talent: Which shewes the maiestie doth perish and decay in a multitude, whereon - the chiefe ground of a Commonweale consists. But passing on, all men that have - written of estates, do hold, That the chiefe end of all Commonweales, is to - flourish in pietie, iustice, valour, honour, and vertue; by the which humane - society is preserued. But a Popular estate hath bene alwaies opposit, and an - enemie to all good men. For the preseruation of a Popular estate (if we shall - beleeue Xenophon) is to aduance the most vitious and - vnworthy men to offices and dignities. And if the people should be so ill - aduised, as to giue offices of honour unto vertuous men, they loose their - - - The end of Popular estates, is to banish vertue. - power: for that good men would favour none but the good, which are alwayes - fewer in number: and the wicked and vicious (which is the greatest part of the - people) should be excluded from all honour, and by little and little banished: - so as in the end wise men should seize vpon the estate, and take that from the - people. The Athenians therefore (said Xenophon) gaue - 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 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, & - vicious: for the which vice thou so much blamest (saith he) is the preseruation - of a Popular estate. And as for iustice, the people (saith hee) have no regard - of it, so as they may get profit by their iudgements, which they sell to them - that will giue most, seeking by all meanes to ruine the rich, the noble, and - the vertuous, whome they torment continually, for the capitall hatred they - beare against all good men, being contrarie to their naturall dispositions. And - therefore a Popular state is the sinke and refuge of all turbulent spirits, - mutines, seditions, and banished men, which giue councell, comfort, and aid, - unto the people to ruine great men: For as for the lawes they have no respect - of them, for that in Athens the peoples will is a law. This is Xenophons opinion, touching the Commonweale of - Athens, who saith, it was the best ordered - of al the Popular Commonweals in his time: neither would he have them to change - any thing to maintain the people in their greanes. - The like censure Marcellus the lawyer hath of a - strumpet, saying, That shee hath not well done to have abandoned her honour; - but having 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 - setled, they must banish all honor and vertue: that is to say, the greatest - tyranny is not so daungerous, as a Popular estate thus gouerned.

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But there is yet one plague more capitall in Popular estates, the which is, - ImpunitieImpunitie of vice in a Popular estate. to - the wicked, so as they be citisens, that is to say, pettie kings: and euen in - the Popular estate of Rome, it was forbidden - to all magistrats vpon paine of death, To condemne to death, or to banish any - citisen, nor to depriue him of his libertie or priuilege of a citisen, nor to - whip him with rods. For it is a setled law almost in all Popular estates, Ne ciuis quisquam quantumcumque scelus siue in deos, siue in - homines admiserit, capite feriatur, That no citisen should die the - death, what offence soeuer he had committed either against the gods, or men. - Therefore Verres (omitting the rest) being accused and - condemned of theft, and of a hundred thousand concussions, extortions, and - false iudgements; was thought to be seuerely punished, for that hee was - enioyned to depart out of Rome: and why, for that Popular states would have - their libertie defended with the lenitie of lawes, and not with the sharpnesse - of punishments. And yet they banished - - Rutiius, Metellus, Coriolanus, - the two Scipions, brethren, and Tully: as in Ephesus they banished the vertuous Hermodorus: in Athens they expelled Aristides - the iust, Themistocles - - 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 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 - generall did arise vp, and holding vp their hands, condemned him, not excluding - any slaue, woman, nor straunger from this condemnation, for the which many ware - garlands of flowers. Which Phocion hearing, said, Me - - - - quidam a vobis damnari facile patior: sed cur isti? For - my part, I am contented to bee condemned by you: but why these men? To whome - the people being mad, aunswered, Quoniam tibi sunt - amici. Neither was the furie of this mad people pacified, vntill they - were all without sentence, accusation, or cause, put to death. Neither is there - any hope, if a multitude begin once to insult ouer the good, that either shame - or reason shal reclaime them from their furie and madnesse. Yet notwithstanding - the wicked do commonly escape the peoples hands: which Demosthenes seeing, and that they had absolued Antipaphon, a most capitall offender, he proceeded, and caused him to - be condemned, and afterwards put to death by a decree - of the Areopagits, little regarding the people, - for the which he was not blamed. Whereby it appeares, that there was neither - iustice nor maiestie in a Popular estate. And as in a Popular Commonweale thus - gouerned, all offices are sold to them that will giue most, so the magistrats - sell by retaile that which they have bought in grosse. And euen Marus durst carrie bushels of - siluer into the assemblies at Rome, to purchase the peoples voices: the like - wee read of Pompey. It is no maruell then if we read of - infinit corruptions and concussions in Rome: but it was more fowle and odious - in Athens, whereas when Stratocles and Damoclides entred into their offices, they did openly brag▪ That they - went to a golden haruest. If offices, lawes, iustice, and honours, were so - vnworthily sold in these great Commonweales, being inriched with the spoyles of - 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 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 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, 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 - the open assembly of the people, and to expell the honester partie, and kill - him that was chosen Consull by the peoples suffrages. The which the Tribunes - alone did not, being enraged against the Consuls, but euen the Consuls among - themselves. How many murthers of citisens have beene seene in the middest of - the citie, in the field of Mars, in the court, in the - temples of their gods, yea in Iupiters capitoll, Tiberius and Caius Gracehus, Drusus, - Saturninus, and Sulpitius, - - were cruelly slaine: when as the Consull Cassius made a proclamation, That all the Latines, and - 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 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 - vidius, non saepe▪ sed tamen nimis saepe - gladios, We have oftentimes seene stones cast in the assembly of the - estates, and swords drawne, not so often, but yet too often. And a little - after, Meministis (inquit) corporibus - - - - ciuium Tiberim compleri: cloacas refarciri, e foro spongijs - effundi sanguinem, You remember (said he) that the riuer of Tibe hath bene filled with the bodies of citisens, that the - common priuies have bene stuffed full, and the blood suckt vp in the market - place with sponges. To conclude, if we shall rip vp all the Popular estates - that euer were, we shall find, that either they have had warre alwayes with the - enemie, or within the state: or else that they have bene gouerned in shew by - the people; but in effect by some of the citisens, or by the wisest among them, - who held the place of a prince and monarch. Whilest that the Commonweale of - Athens did flourish, it was gouerned by the Senat of the Areopagits: and when - as their power and authoritie was restrained, - - Pericles (saith Thucidides) was a - very Monarch, although in shew it were Popular. - And Peter Soderin (in an Oration hee made unto the - people of Florence, to change the estate) said, That in the time of Laurence de Medius, the CommonwealePericles and Lau▪ rence de Medicis, Monarchs of Athens, and - Florence. in shew was Popular, but in effect a meere Tyranny, for - that Laurence gouerned all alone: but he doth not say, - that it was neuer more flourishing, and that before they were neuer ten yeares - free from seditions, and the most bloody factions that euer were. In like sort - the Popular estate of the Romans, which had bene afflicted with so many forren - and intestine warres, was it not maintained and flourished both in armes, and - laws, by the Senat, and was not the authoritie thereof supported, by Menenius Agrippa, Furius Camillus, Papirius Cursor, Fabius - Maximus, Scipio, Cato, Scaurus, Pompey, and diuers others? who - maintained the beautie of the Senat, and restrained the people, keeping - them within the bounds of honour? We do - also read, that Pelopidas, and Epaminondas, were as it were lords of the Popular estate of the - Thebans, after whose death the people found presently, that they had lost their - chiefe pilots: as it happened in the like case unto the Athenians, after the - death of Pericles, Then (said Plutarch) the people didA Popular estate is - preserued by a few wisemen. float vp and downe, like a ship without a - helme: and as every one would gouerne and commaund, some to set saile, others - to go to harbrough, a storme came (saith Polybius) and - the ship perished. And although the Athenians, after they had lost the - soueraignrie of Greece, gouerned their citie & territorie popularly, yet - Demosthenes spake plainely, and openly before the - 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 - writeth thus of the Popular estates of the Tarentines, In - potestate Iuniorum plebem, in manu plebis, rem Tarentinam esse, The - estate of Tarentum was in the peoples hands, and the people in the power of the - younger sort. And a little before the declining of the Popular estate of Rome, - Crassus, Caesar, and Pompey, - whome they called a triple head, gouerned and held all the Senat and people in - their power and subiection: but two of them being slaine, the third became an - absolute Lord. Whereby we may gather, that a Popular commaund cannot subsist - without a wise pilat and gouernor, and leauing it to the most sufficient, in - the end they make themselves masters, and the people serues but for a - maske. - -

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But some one will say, Doe we not see that the Cantons of the Swissers have - setled aThe reasons why the Swissers▪ maintaine their - Popular estate. goodly Popular estate, & have continued their - gouernment aboue three hundred and fiftie yeares, and by this meanes have not - onely preserued themselves from tyranny, but have also chased away tyrants - their neighbours? The aunswere hereunto is double: First, the situation of the - countrey, and the disposition of the people agrees best with a Popular estate. - 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, - 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, - as in old time the Athenians and Thebans did. Besides, the foundation of their - Popular estate was built and cimented with the blood of the nobilitie, and of - the chiefest, especially at the battaile of Sampac; then afterwards at that at - Basil, when as king Lewes the 11 (beeing then but - Daulphin) had the victorie: then all the nobilitie of the countrey, which had - followed him, were banished, and the rest retired themselves willingly, after - the treatie of the ten Cantons, made in the yeare 1510, and at the chaunge of - religion in the yeare 1529: so as there remaines but a very few at Berne and - Zurich, whereas the estate is Aristocraticall. And - 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 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 - was nothing but fire and blood, murthering one another, vntill that the scumme - of the people tooke vpon them the gouernment, they alwayes hated them that - looked like gentlemen, or that ware a sword, or that had gotten to any degree - of honour, in what Commonweale soeuer, or that had gathered together more - riches than the rest: which made them of Strausbourg (after they had slaine all the nobilitie, to settle a Popular estate) - to decree, That whosoeuer did aspire to be Grand Bourgmaster, should proue that - his grandfather was a day labourer, an artificer, a butcher, or of some such - like condition. And the auntients (to assure Popular estates) did striue to - equall all citisens in goods, honours, power, and rewards: and if any one were - more vertuous, more iust, or more wise, than the rest, he was banished, as I - have shewed before, seeking to make an equalitie, if it were possible: and euen - Plato did wish, That wiues and children should be - common to all, to the end that no man might say, This is mine, or, That is - thine: for those words of Meum, and Tuum (said he) were the breeders of discord, and the ruine of states. - By the which there will grow many absurdities: for in so doing, a citie shall - be ruined, and become a houshold (as Aristotle - - said) although that a houshold or familie - (which is the true image of a Commonweale) hath but one head. And for this - cause an auntient Bias. lawmaker, beeing - importuned by some one, to make his country a Popular estate: Make it (saith - he) in thine owne house. And if they say, That it is a goodly thing so to vnite - citisens and a citie, as to make one houshold of it, they must then take away - the pluralitie of heads and commaunders, which are in a Popular estate, to make - a Monarch, as the true fathers of a familie; and to cut off this equalitie of - goods, power, honour, and commaundement, which they seeke to make in a Popular - estate: for that it is incompatible in a familie. But the greatest - inconuenience is, that in taking away these words of Mine, and Thine, they - ruine the foundation of all Commonweales, the - which were chiefly established, to yeeld untoTaking away the - proprietie of goods, we ouerthrow a Commonweale. every man that which - is his owne, and to forbid theft; as it is commaunded by the word of God, who - will have every man to enioy the proprietie of his owne goods: and we may not - say, that nature hath made all things common, for the law of the mother is not - contrarie to the commaundement of the father (as Salomon - said) figuring by an Allegorie the commaundements of God, and the law of - nature. But the true popular libertie consisteth in nothing else, but in the - enioying of our priuat goods sincerely, without feare to be wronged, in honour, - life, wife or familie, the which euen theeves & robbers labour to keepe. - And as for the power of commaund, which popular men would make equall, there is - lesse reason than in goods: for discretion and wisedome is not equally giuen to all men, and in a Popular estate they - must of necessitie chuse theWisdome is not equll in all men, to impart offices equally. - most sufficient magistrats, to commaund, and to administer iustice. Moreouer, - whereas there is no forme of soueraigntie, nor of a Commonweale, yet ae the people constrained to chuse a magistrat or - captaine to commaund them, and to doe iustice: as in the countrey of Gusula in - Affrike, where there is neither king, nor any forme of a Commonweale, the - people on their Faire day chuse a captaine to doe iustice, and to assure the - course of traffique. And on the frontiers of the kingdome of Fez, the - inhabitants of the mountaine of Magnan (who in like sort have no forme of a - Commonweale) if they see any straunger to passe by, which seemes to excell the - rest in wisedome, him they stay by force, to - 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 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 - men? andAn error in equalitie. yet those which seeke - equalitie, will have the soueraigne power of life, honour, and goods, giuen - unto furious, ignorant, and mad men, as well as unto iudicious and wise men: - for the voices in all assemblies are numbred, without any due consideration of - euerie mans worth: and alwayes the number of fooles, wicked and ignorant men, - doth farre exceed the good, if that be true which Salomon saith, That there is not one among a thousand: the which is - confirmed by the Poet, - -

- - - - A good man and a wise, one such as out of all mankind, - - Though Apollo sought and searcht himselfe, yet could he scarcely find. - - - -

And yet there is a naturall reason, which doth teach vs, that the equalitie - they seeke, doth ruine the grounds of all loue and amitie, the which can hardly - subsist among equals, for that there are neuer more quarrels & dissentions, - than among them that are equall; either for that the one seekes to supplant the - other, or for that the one may liveAll nations have need one - of another. without the other. And it seemes that God hath imparted - his benefits and graces, to countries and nations, in such a measure, as there - is no man but hath need of another: to the end - that through mutuall courtesie and good offices, euerie nation in particular, - and all in generall, should be constrained to contract alliances and - friendships together: as it is seene in a mans bodie, the which is the figure - of a wel ordered Commonweale, there is no member but receiues helpe and succour - from the rest, and that which seems most idle, disgests the nourishment for all - the rest: as Menenius Agrippa a Roman Senator,Equalitie and friendship are incompatible. did wisely - shew unto the common people, which were fallen from the nobilitie, & did - seeke to equall themselves unto them in power and authoritie. Popular - gouernments in the beginning seeme pleasing and goodly, contrarie to - Monarchies: the which are like unto great riuers, which at their first springs - have small and weake currents, but increasing by their long course, their - streames grow bigger, & more rough, and run with more spacious chanels, the farther they are from their heads - and springs. But Popular states are like unto the wind, the which is most - vehement where it riseth, but at the length it is broken and groweth weake. I - have discoursed hereof the more at large, to shew the inconueniences which - follow a Popular estate, to the end I might reduce them to reason which seeke - to withdraw the subiect from the obedience of their naturallA Popular estate a pernitious tyranny, i not - wisely gouerned. prince, through a false hope of libertie, in framing - of Popular states: the which in effect is nothing else, but the most pernitious - 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, 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 - are dangerous in Popular estates. fall out commonly when they are - altogether. But seeing it is not in the power of good citisens, nor of wise - polititians, to change a Popular estate into a Monarchie: the chiefe grounds - then of a Popular estate consists in the strict obseruation of lawes and - ordinances, being of it selfe quite different and disagreeing from the lawes - and order of nature, which giues the commauud unto the wisest: a thing verie - incompatible with the people: for if a multitude - (being impatient of command) have not good lawes and statutes before their eyes, as lights to guide them, the - estate will be soone ruined. And therefore the Swissers do obserue their lawes - verie seuerely, else their estate had not bene so durable: for euen as weake - & crased bodies fall soone into diseases, if they leaue the good diet and - order prescribed them by the Physitian; so is it in a Popular state, if they - doe not obserue their laws and ordinances. And thus much to satisfie them which - are not contented, although the greatest men that euer were, have disallowed of - a Popular estate.

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Let vs see now if an Aristocraticall gouernment bee any thing better than the - rest, as many hold opinion: for if a mediocratie be commendable in all things, - and that weReasons for an Aristocraticall estate. - must flie all vicious extreames; it followes then, that these two vicious - extreams being reiected, we must hold the - meane, which is an Aristocritie, or a certaine number of the most apparant - citisens: as if there were ten thousand citisens, let them make choyce of an - hundred; the which were a iust proportionable number betwixt one & a - thousand: increasing or diminishing the number according to the multitude of - the subiects, wherin they shall hold that commendable & desired mediocritie - betwixt a Monarchy and a Democratie. There is yet another argument of no lesse - efficacie, to proue that an Aristocraticall estate is the best, which is, That - the power of soueraigne commaund, by naturall reason, is to be giuen to the - most worthy: and dignitie cannot consist but in vertue, in nobilitie, or in - riches, or in all three together. If then wee desire to chuse one of the three, or to ioyne them all together, the - estate shall bee alwaies Aristocraticall: for the noble, rich, wise, and - valiant men, make alwayes the least part of the citisens, in what place soeuer; - by naturall reason then that gouernment must bee Aristocraticall, when as the - least part of the citisens commaund the state, or whereunto the best and most - vertuous men are admitted.

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A man may also say, that the soueraigntie should be giuen onely to the most - rich, asThe gouernment of a Commonweale must be giuen to - 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 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 - that in a Popular estate, and in a Monarchy, the monarch or the people in shew - have the soueraigntie, yet in effect they are forced to commit the gouernment - to the Senat, or priuie Councell, who consult, and many times determine of - greatest affaires: so as it is alwaies an Optimacie. And if the monarch, or - people, be so ill aduised as to gouerne otherwise than by a wise councell, - there can nothing bee expected but an ineuitable ruine of the state. I omit - other reasons lesse necessarie, as every one may coniecture, to conclude, that - an Aristocratie is the most commendable state. And yet I say, that all together - are not sufficient to proue it: for as for that commendable mediocritie which - we seeke, it is not reall, diuiding things in - the middest, but consists in reason: as liberalitie a meae betwixt two vicious extreames, yet doth it approach - neerer unto prodigalie than unto couetousnesse. The - meane which they seeke betwixt one and all in generall, is reall; neither can - it euer be alike, for that there are some cities which have not a thousand - citisens, and others that have aboue three hundred thousand: so as an - Aristocraticall estate shall be alwaies mutable and variable, for the - vncertaintie of the number: and it will often fall out, that a great - Aristocraticall estate shall have more commaunders, than a Popular state in a - small citie shall have citisens: as if there be foure hundred thousand - citisens, to obserue a true Geometricall proportion, there must be foure - thousand gouernours or commaunders: so as by a - necessarie consequence, the inconueniences which are incident to a Popular estate, will also fall out in an Aristocratie, - by reason of the multitudeMany commanders, cause many - factions. of lords: for the more gouernours there be, the more - factions will grow, their consultations will be more hard to determine, and are - sooner discouered. And therefore thoseThose Aristocraticall - estates most durable, that have fewest lords. Aristocraticall estates - are more durable and assured, that have fewest lords: as the Lacedemonians, who - had but thirtie gouernours, and the Pharsalians twentie; they did long - maintaine their estates, whereas others decaied soone. It is not then the - middle number betwixt one and all, which makes that commendable meane, seeing - that there be as many kinds of vicious Commonweales, as of commendable and - vertuous.

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As for the other point, That they must giue the soueraigntie unto the most - worthy, It is true; but the argument makes more for a Monarchy, than for an - Aristocratie: for among the most noble, the - 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 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 - councell to them that have the soueraigntie, to whome belong the resolution - & decision of the councell. But Plato had another - argument for an Aristocratical estate, saying, That it was verie hard to find - any one man so wise and vertuous, as was requisit for the gouernment of an - estate, and by that meanes a Monarchie were not sure. But this argument is - captious, and may be - - Platoes argument captious. used against himselfe: for - if it be hard to find any one prince so wise as he desireth, how shall they - find out so great a number as is needfull in a Seigneurie. And Peter Soderin Gonfalonier of Florence, speaking unto the - people against an Aristocraticall estate, he used the same argument which Maecenas did before Augustus - against Marcus Agrippa, - - The estate of few lords, is the estate of ew tyrants. saying, That the gouernment of - few lords, is the gouernment of few tyrants: and that it was better at all - euents to have but one tyrant. For if any one will say, that among many there - will haply be some number of good men, we must then rather chuse a Popular - estate, for that in a great number there will be found more vertuous than in a - lesse. But both the one and the other is vnprofitable: for as well in all - Aristocraticall and Popolar estates, as in all corporations and colledges, the - greatest part doth still ouer-rule the sounder - and the better: and the more men there be, the lesse effects are there of - vertue and wisedome (euen as a little salt cast into a great lake, looseth his - force:) so as the good men shall be alwayes vanquished in number by the - vicious, and ambitious: andIn all colledges, corporations, - & states, the greatest number carries it. for one tyrant there - shall be a hundred which will crosse the resolution of the lesser but of the - sounder part: as it is alwaies seene as well in the diets and assemblies of the - princes of Germanie, whereas the spirituall princes of the empire, being the - greatest number, have alwaies crost the princes temporall: so as by their means - the emperour Charls the fift, caused the empire to - declare it selfe an enemie to the house of France, the which had not bene so in - many ages: to the end the temporall princes should have no hope of any succours - from Fraunce in their necessities, whereinto they soone after fell. And - - - - - Anno. 1543. The princes spirituall of the empire, are - more in number than the temporall. to make short, it hath bene - alwayes seene, that the more heads there be in a Seigneurie, the more - controversies arise, and lesse resolution. And therefore the Seigneurie of - Venice to auoid these inconueniences, commits all affaires of state to the - mannaging of a dozen persons, and most commonly to seuen, especially to keepe - their affaires secret, whererein consists the health and preseruation of an - estate.

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But let vs suppose, that a priuie Councell in an Aristocraticall estate, bee so - secret, as nothing is discouered; yet is it a difficult thing for few - commaunders to maintaine their estate against a multitude, which hath no part - in honourable charges: for that most commonly the - lords scorne and contemne the popular, and the poore carrie alwaies a capital hatred against the great: so as vpon the - least dissention among the nobles (the which is ineuitable if they be men of - faction, and giuen to armes) the most factious andThe cause - that doth most ruine Aristocraticall estates. ambitious flieth unto - the multitude, and ruines the state: as I have noted before of the Seigneuries - of Gènes, Florence, Cologne, Zurich, Strausbourg, Lindaw, and the auntient - Phocians, Samians, Therenecians, Amphipolites, Corcyrians, Cnidians, - Mytelenians, and Hostienses; in the which the multitude hath expelled, - banished, spoyled, and slaine the nobles. And what guard soeuer they keepe, yet - do they live in continuall distrust, and sometimes in such feare, as they doe - not assemble together but in places ofThe commanders in an - Aristocraticall estate are in continuall feare and distrust strength: - as in the citie of Benizee, lying in the realme of - Telesin in Barbarie, all the lords and commaunders keepe themselves in forts, - fearing the people should mutine against them, - 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 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 - they were in councell. So as in an Aristocraty the lords dare not traine the - people vp to arms, nor put weapons into their hands: neither can they go to the - 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 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 - admit them to charges of honour, without alteration of the state, from an - Aristocratie to a Popular, were impossible: to keepe them in subiection by - force, that were not safe, although it might be done, for that were to shew an - open feare and distrust of them whome they must win by loue and courtesie: else - vpon any forraine war against the state, or among the gouernours themselves, - the people will bee easily drawne to armes, - and to shake off their yoake. And therefore the Venetians to maintaine - theirHow the estate of Venice bene - preserued. Aristocraticall estate, impart some small offices unto the - people, contract alliances with them, borrow of them to bind them to the - maintenance of the state; and disarme them quite: and to make them more mild - and pliable, they giue them full scope and liberie to - all sorts of pleasures: and sometimes they make their richest citisens - 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 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 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 - hundred yeares, that they have instituted this forme of Commonweale, neither - could they auoid many seditions and civill warres; as of the Bochonians,Gianot. Donat. de Repub. Vene. - Faleriennes, Topoliennes, Baiamontaines, and the cruell factions of the - Iustinians, the Sceuoles, Seliens, Bassiens; the murther of eighteene dukes, - and of a great number of Senators, as we may read in their histories. Wherein - Paulus Iouius was deceiued, - who held, That the estate of Venice had continued eight hundred yeares: and Paulus - - - - Manutius, and du Moulin, have - erred more, saying, That it had bene of twelue hundred yeares standing: for it - is well verified by the auntient registers of their Seigneurie, that before Cebastian Cian duke of Venice, in the yeare 1175, it was - a meere Monarchy: and yet there hath not bene any Aristocraticall estat, to our - 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 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 - gouernment of the state from the gentlemen: and in succession of time made a - law, whereby none might bee duke of Genes, vnlesse - - Anno. 1506. The estate of Genes, and the change - thereof. hee were a Plebeian: and since they have published another - law, prohibiting the nobles to have aboue a third part of all other officers. - And soone after in a sedition they expelled all their gentlemen, chusing eight - Tribunes, and after they had reiected the protection of Fraunce, they chose a - Dyer of silke for their duke, whome king Lewes the - twelft caused to bee hanged▪ after that hee had taken the citie: but when as - 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 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 - them into the number of the nobilitie: the which notwithstanding was not well - executed. So of foure and twentie thousand citisens, there were not aboue - twelue hundred, or thereabouts, that had any part in the state: and of this - number it was decreed, That every yeare there should be a great Councell made - of foure hundred, the which should chuse the Duke and the eight Gouernours, - which they call the Seigneurie, to manage all affairs of state for the space of - two yeres that they should be in charge, vnlesse matter were of great - importance, then to assemble the Senat of an hundred gentlemen. And as for the duke, hee might not bee chosen but out of the - 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 five Syndiks, the Censors, and the officers of Saint - George. The estate of Genes hath continued in this - 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, 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 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 - at the least to fall into a Popular estate, as they did in the yeare 1506. The - sedition happened for the qualitie of their nobilitie: for after that Andrew Doria had setled the state (as I have said) & - excluded the Plebeians from being dukes of Genes, the gentlemen of the antient - houses (which were but foure, the Dorias, the Spinolas, the Grimoaldes, and the Fiesques) - - The cause of factions at Genes. caused their - genealogies to be drawne and registred in publicke acts, diuiding themselves by - this meanes from the Plebeians that were newly ennobled; who disdaining - thereat, and finding themselves the greater number and the stronger, they have - chased away the antient houses, and if they be not soone reconciled, the people - in the end will expell them all.

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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, 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 - support of an Aristocratie, consists in the mutuall loue of the commanders: for - if they agree and be of one mind, they will maintaine themselves, and gouerne - much better than the people: But if there be any factions among them, then - there is no State so difficult to maintaine, for the reasons before mentioned; - especially, if the Commanders be martiall men: for souldiers hate nothing more - than peace. And we may not marueile if the Aristocratie of the Venetians, - Rhagusians and Luquois, have continued some ages: for they are not giuen to - armes, neither have they any thing in greater recommendation than their - trafficke and commoditie. And to conclude - - The best kind of Optimacie. briefly, there is no - forme of Aristocratie more perfect and goodly, nor more assured, than whereas - they make choise of men of vertue and reputation to commaund; or at the least - that they be not infamous: and if any one dies, to substitute another in his - place by election, as they do vse at Geneua. If any one of the Councell of 25 - dies, the most antient of the 60 succeeds him most commonly, although it be - done by election: and the most antient of the great Councell of 200 comes into - the Councell of 60, and the two hundred chuse one of the honestest Burgesses or - citisens that is without reproch. Whereby few command and gouerne the state, - and yet every man hopes to attaine unto it, not by mony nor ambition, but by - honour and vertue. This may properly be called an Aristocratie, the which is - least subiect unto dangers, and to the rebellion of Lords or subiects.

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Such a Seigneurie will obserue the lawes duly, and administer iustice - vprightly: if they be contented with their estate, and seeke not ambitiously to - wrest from another, as the Lacedemonians did. For it is impossible that a - Seigneurie of few Lords and Commanders, should get and maintaine a great - Empire, as a Monarke may: also the ruine and change of so great a Seigneurie is - not so much to be feared, as of a great and mightie Monarchie, which draweth - after it the ruine of the greatest familes, and oftentimes of allies and of - neighbour States that are in his protection: Like unto a great building which - raised on high, blind the sight of others, and falling, ruines with her weight - those that are neere it, with a fearefull noyse to them that heare it. Behold - the commodities and discommodities of a - popular and Aristocraticall estate. Now weThe discommodities - of a Monarchie. are to speake of a Monarchie, which all great men - have preferred before all other Commonweales: yet we find it is subiect unto - many dangers, whether the change of the Monarke be from bad to good, or from - good to better: although there were no - - Plato lib. 4. de Legib. Mutatines in republica putat esse . - - other thing but the change of him that hath the Soueraigntie: yet is it - much to be feared in all states: for we commonly see in the change of Princes, - new desseines, new lawes, new officers, new friends, new enemies, new habits, - and a new forme of liuing: for most commonly all Princes take a delight to - change and alter all things, that they may be spoken of; the which doth many - times cause great inconueniences, not only to the - subiects in particular, but also to the whole bodie of the state. But if this - were not, and the Prince were as wise and - vertuous as might be desired, yet the leagues and treaties made with his - Predecessor end with him: whereupon alliances being ended, Princes fall to - armes, and the stornger assailes the weaker, or prescribes him a law. The which - cannot chance in popular and Aristraticall estates, when as they make - perpetuall leagues, for that the people dies not; so as other Princes and - priuat men desire rather to contract with a Seigneurie than with a Prince, for - the assurance of treaties and bonds, wherunto the successors of Princes are not - tied, vnlesse they be their heires, as manie maintaine and practise. The other - inconuenience in a Monarchie is, the danger to fall into civill warre, by the - diuisions and factions of such as aspire unto the crowne, especially if it be - electiue, the which doth oftentimes draw after it the ruine of the state: Yea, in a successiue right there is no small - danger, if there be many in one degree, who many times kill one another, or at - the least diuide the subiects. We have too many examples before our eyes: and - oftentimes the lawfull successour is expelled by an vsurper. But admit there - were no contention for the Monarchie, yet if the Monarke be a child, there will - be some diuision for the gouernement, betwixt the mother and the Princes, or - betwixt the Princes themselves. And God (to be revenged of his people) - threatens to giue them for Princes children and women. And although theIsaie. cap. 5. infant have a tutor by the appointment of - his predecessour, or by the custome, yet is it to be feared, that he will make - himselfe absolute Lord▪ as Triphon did, who cruellyThe tutors to Monarchs do oftentimes make thmselues absolute - Lords. slue his pupill the king of Siria, to make himselfe king. The - which is more to be feared, if the tutor - marrieth the pupils mother, as Lewis Sforce did, who by - that meanes murthered the young prince, and made himselfe duke of Milan. And - although for the auoiding of this danger, they giue the gouernement to the - neerest of kinne, and the nourishment of the infant to the mother; yet have - there bene murthering mothers since, who have not onely sold and betrayed the - state, but euen the lives of their children, as the mother of Charilaus king of Lacedemon did. And sometimes the tutorPlutar. in Licur. continues his gouernment, and leaues - nothing unto the king but the title, as the duke of Northumberland did to Edward the sixt king of England: and Appelles to young Philip king of Macedon, who - could not inioy his estate, vntill he had slaine his tutor.Poib. lib. 7. And if the prince comes - to the crowne being yong and out of gouernment, there is no lesse danger: for then when as he should have a dozen wise - maisters to restraine his licentious appetits, the which are then most violent, - he is altogether free and at liberty: so as commonly the courts of yong princes - abound in follies, maskes, and licentiousnesse, and the subiects follow the - princes humor; so as for one vice there multiplies ten, as I have said before. - If the prince be warlike, he will hazzard his subiects, his estate, and his - person, to make proofe of his valour. And although he come unto the state being - of a competent age and wise, the which is rare, and the greatest gift which a - people can craue at Gods hands: yet soueraigntie hath his mischiefe, most - commonly the wise become foolish, the valliant cowards, and the good grow - wicked. It wereSoueraigntie altereth the h mors of princes. time lost to repeat - examples, the which are too ordinarie. To conclude, if the prince be subtill and wicked, he will plant a tyrannie: if he - be cruell, he will make a butcherie of the commonweale; or a brothell house if - he be licentious, or both together if hee be couetous, he will pull both haire - and skinne from his subiects: if he be prodigall, he will sucke their bloud and - marrow to glut some dosaine of horseleeches that are about his person. And yet - he will do worse than all this, if he be a sot and ignorant, as we have sayd - elsewhere. Yea, so much the more is a tyrannie to be feared, for that a tyrant - hath no maister nor companion to oppose against him. These bee the dangers of a - Monarchie, the which in truth are great, but there is greater perill in an - Aristocraticall estate, and much more in a Popular: - for the dangers which we have set downe for the most part cease, when as the - Monarchie comes by right of succession, as we will shew hereafter. But - seditions, factions, and civill warre, are in a manner continuall: yea,Comparison of dangers. sometimes greater for the - attaining unto offices, in Aristocraticall and Popular commonweales, than for - the state in a Monarchie; the which admits no sedition for offices, nor for the state, but after the death of the prince, - and that very seldome. But the chiefe point of a commonweale, which is the - right of soueraigntie, cannot be, nor subsist (to speake properly) but in a - Monarchie: for none can be soueraigne in a commonwealeCommodities of a Monarchie. but one alone: if they be two, or three, - or more, no one is soueraigne, for that no one of them can giue or take a law - from his companion. And although we imagin a bodie of many lords, or of a whole - people to hold the soueraigntie; yet hath it - 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 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 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 - demaund peace, others warre, some will have this law, others that; some will - have one commander, others another; some will treat a league with the - king of France, others with the king of - Spaine, corrupted or drawne some one way some another, making open warre: as it - hath bene seene in our age among the Grisons. Moreouer, sometimes it happens by - the custome of the countrey, that a law, the prince, or a magistrat, is not - admitted, if all that have voices giue not their consent: as in Polonia whereas - the lesser part must change their opinion, and ioyne with the greater number, - either by loue or force, and for this cause they come armed to the field to - chuse their king, and to force the lesser part to consent: the which cannot - happen where there is a soueraigne head, of whom depends the resolution of all - things. Moreouer, in a Popular and Aristocraticall estate, alwayes the greater - number will bee beleeued,In Popular and Aristocraticall - estates the lesser part is always ouerruled by the geater, the which is contrarie in a Monarchie. although the wiser - and the most vertuous bee fewest in number; so as most commonly the sounder and the better part is forced to yeeld - unto the greater, at the appetite of an impudent Tribune, or a brasen faced - Orator. But a soueraigne Monarch may ioyne with the sounder and the better - part, and make choise of wise men, and well practised in matters of state: - whereas necessitie doth force them in other commonweales to admit wise men and - fooles and altogether to offices and councell. It is also impossible for a - Popular state, or an Aristocratie, to command with soueraigne power, or to do - any act which cannot bee done but by one person onely: as to conduct an armie - and such like things: but they must create magistrats and commissaries to that - end, who have neither the soueraigne power, authoritie, nor maiestie of a - Monarch. And what power soeuer they have by vertue of their places, yet Popular - and - - Liuie lib. 3. Lib. 2. Lib. 7. Lib. 4. Aristocraticall - commonweales, finding themselves imbarked in any dangerous warre, either - against the enemie, or among themselves, or in difficultie to proceed - criminally against some mightie citisen, or to giue order for the plague, or to - create magistrats, or to do anie other thing of great consequence, did vsually - create a Dictator, as a soueraigne Monarch: knowing well that a Monarchie was - the anckor whereunto of necessitie they must have recourse, Trepid patres, saith Titus Liuius, ad summum anxilium decurrunt, Dictatorem dici placet, - The fearefull fathers flie unto their last refuge, they thought it best to name - a Dictator. And when as Hanniball made all Italie to - tremble, - - Ad Dictatorem dicendum remedium iamdiu desideratum Ciuit as - confugit, The citie fled - - - - Liis lib. 22. unto - the remedie so long desired, which was to name a Dictator. And the reason was, - for that they held the Dictator for a god, and his commandements for oracles, - Dicttoris Edictum pro numine - semper obseruatum, The Dictators Edict was alwayes religiously - - Lib. 6. observed. And euen the enemies - besieging the citie of Rome, abandoned the siege, hearing that they had created - a Dictator, Tantus erat Dictatoris terror apud hostes, vt eo - creato statim a menibus disceserint, So great was the feare of a - Dictator with the enemies, as he was no sooner created, but they departed from - the wals. For - - Lib. 5. oftentimes euen the Consuls and their - 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 - - - - - Lie lib. 2. sayd, - Minas esse Consulm non imperium, - vbi ad eos qui vna peccauer unt prouocare liceat agedum, Dictatorem a quo - prouocatio non est creemas, They were but the threats, sayd he, of - Consuls without any commanding power, seeing they might appeale unto them who - had offended in the like manner, Go to then, let vs create a Dictator from whom - there is no appeale. The impunitie of vices, and the contempt of magistrats in - a Popular estate, doth sufficiently shew that Monarchs are necessarie for the - preseruation of the societie of mankind, seeing that the Romans who for the - error of one Prince, had all kings in hatred, made a Dictator for the conduct - of all their great affaires. So did the Lacedemonians in their extremities - create a magistrat with power like unto the Dictator, whom they called - Harmoste: and the Thessaliens, him whom they called - - - - Dionys. Hali. lib. - 6. Archus: as in the like case the Mityleniens their great Aezimnere; - to whom the great Prouidador of the Venetians may be in some sort compared: - finding by experience that an absolute power vnited in one person, is more - 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 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, having against him an - armie of 60000 - - Plurium bell - - vtil. men, commanded - by two Consuls, Paulus Aemilius, and Terentius Varro, whom hee defeated: and Amurath - against the Christian Princes at the battell of Nicopolis: and the emperour Charles the fift against the two commaunders of the - protestants. And we may not marueile if the duke of Vrbin with a few hierlings - made head against so mightie an armie, led by the chiefe commanders or - generals, the which depended not one of another, that is to say, Rance Vitelli, and Laurence de - Medicis: for euen Leo writes in his historie, - that the people of Affricke hold it for an infallible Maxime, that a - princeAn antient opinion of the Affric. which is but weake in forces, shall alwayes - defeate a stronger armie that hath two generals. For whilest that Cleomenes king of Lacedemon did gouerne absolutely alone, - he obtained great and goodly victories, and was neuer vanquished: but after - that hee had called home the king which was - banished to impart his soueraigne authoritie unto him, soone after he was - ouerthrowne and put to flight. And for this cause Aristides the iust, being chosen generall with Miltiades to commaund the armie either of themPlut. - in Aristid. his daie, (as the Romane - Consuls were wont to do) he resigned all his power and authoritie to his - companion, who gaue the Persians a great ouerthrow. There are a thousand such - like examples, which do shew vs the necessitie to have one head or commander, - not onely in warre (where there is greatest danger) but also to obey one - soueraigneOne soueraigne commander most - necessarie. prince in a Commonweale: for euen as an armie is ill led, - and most commonly defeated that hath many Generals; - euen so is a Commonweale that hath manie - lords, either by diuision, or a diuersitie of opinions, or by the diminution of - power giuen to manie, or by the difficultie there is to agree and resolue vpon - any thing, or for that the subiects know not whom to obey, or by the discouerie - of matters which should be kept secret, or through altogether. And therefore - whereas we sayd before, that in a well ordered state, the soueraigne power must - remaine in one onely, without communicating any part thereof unto the state - (for in that case it should be a Popular gouernment and no Monarchie) and that - all wise Politicians, Philosophers, Diuines, and Historiographers have highly - commended a Monarchie aboue all other Commonweales, it is not to please the - prince, that they hold this opinion, but for the safetie and happinesse of the - subiects: And contrariwise, when as they shall limit and restraine the soueraigne power of a Monarch, to subiect him to - the generall estates, or to the councell, the soueraigntie hath no firme - foundation, but they frame a popular confusion, or a miserable Anarchie, which - is the plague of all states, & Commonweales; the which must be duly - considered, not giuing credit to their goodly discourses, which perswade - subiects, that it is necessarie to subiect Monarchs, and to prescribe their - prince a law; for that it is not onely the ruine of the Monarch, but also of - the subiects. It is yet more strange, that many hold an opinion that the prince - is subiect to his lawes, that is to say, subiect to his will, whereon the - civill lawes (which he hath made) depend; a thing impossible by nature. And - under this colour and ill digested opinion, they make a mixture and confusion - of civill lawes with the lawes of nature, and of both ioyntly 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 - passe it ouer. It shall suffice that we have made apparant demonstration, that - a pure absolute Monarchie is the surest Commonweale, and without comparison the - best of all. Wherein many are abused, which maintaine that an Optimacie is the - best kind of gouernment: for that many commanders have moreAliud est consulere aliud imprare. - iudgement, wisedome, and councell then one alone; But there is a great - difference betwixt councell and commandement: The aduice and councell of many - graue and wise men may be better than of one, as they say commonly that many - men see more than one alone: but to resolue, - to determine and to command, one will alwayes performe it better than many: and - then he which hath aduisedly digested all their opinions, will soone resolue - without contention, the which many cannot easily performe: Besides ambition is - so naturall among commanders that are equall in power, as some will rather see - the ruine of the Commonweale, than acknowledge any one to be wiser than - themselves: Others know what is good, but shame keepes them from changing of - their opinions, fearing to loose the least point of their reputations: So as it - is necessarie to have a soueraigne prince, which may have power to resolue and - determine of the opinions of his councell.

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If then a commonweale be but one body, how is it possible it should have - manieOne body cannot have many heads. heads, but - that it must proue a monster, as the emperour Tiberius - sayd unto the Senate, else it were no bodie, - but a hideous monster with many heads. But some one will say that new princes - make new lawes, new institutions, new ordinances: we will confesse that it - happens in some, who to shew their power make lawes sometimes without any - reason, but this is more frequent and usuall without comparison in Popular and - Aristocraticall estates: For new magistrats so often created, and which play - the pettie kings in their Commonweales, would bee loth the yeare should passe - away without giuing some cause to speake of them, either for good, or euil: for - proofe whereof we find more lawes published at Rome and at Athens, then - throughout all the world: For alwayes through - iealousie one vndid what another had made: and all, as they said, was to make themselves famous, and to rob the honour - of their companions, with the preiudice of the Commonweale. But to auoid these - inconueniences, and insatiable ambitions in an Optimacie, or Popular state, you - must not in any sort suffer the law or ordinance to carrie the name of the - magistrat, as they used in Rome and Athens, which was the cause of so many - lawes. And to say that treaties and leagues die with the Prince, that happens - 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 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 - bonds and treaties of peace, they are accustomed for their better assurance to - have them confirmed by the estates, or published in soueraigne courts, and - oftentimes they bind in particular the greatest noblemen: although there bee - farre greater assurance in matter of obligation and promises made by a prince - than by a multitude: and the rather for that the lawes of honour are in much - more recommendation to a soueraigne prince, than to a multitude of artisans or - marchants, who are kings in aThe lawes of honour are in - greater recommendatiō to a Monarch than to a multitude. name - collectiue, and nothing in particular. And as for the troubles which the - gouernement of a young king do cause, that happens rarely, and is more incident - at the election of magistrats: For at the chusing of a Gonfalonier of Genes for - two yeares onely, the Commonweale is euer in - combustion. There is no reason to ballance the cruelties and extorsions of a - tyrant, with the actions of good princes: we know wel that a peaceable - Optimacie and wisely gouerned, if it may be, is better than a cruell tyrannie. - But the question is, whether it be better to have a iust and vpright king, or - manie good lords: and whether a tyrannie of fiftie tyrants be not more - dangerous, than of one tyrant alone: And if there be not much more danger in - Popular and Aristocraticall estates, than in a Monarchie. Yea it is most - certaine that a tyrannicall Monarchie is sometimes more to be desired than a - Democratie or Optimacie, how good soeuer:Many gouernors - hinder on another. For if many wise and - skilfull pilots hinder one another in striuing to gouerne the helme; euen so - will many lords do, every one seeking to gouerne the Commonweale, be they neuer so wise and vertuous. Although it be not - needfull to insist much vpon this proofe, that a Monarchie is the most sure, - seeing that a familie which is the true image of a Commonweale can have but one - head, and that all the lawes of natureA Monarchie is - naturall. guide vs unto a Monarchie, whether that we behold this - little world which hath but one bodie, and but one head for all the members, - whereon depends the will, mouing and feeling: or if we looke to this great - world which hath but one soueraigne God: or if we erect our eyes to heauen, we - shall see but one sunne: and euen in sociable creatures, we see they cannot - admit many kings, nor many lords, how good soeuer. Solyman emperour of the Turkes used this example, hearing the great - cries and acclamations - - Anno. 1552. of ioy which the whole armie made - unto Sultan Mustapha his son returning out of Persia, he put him to death through iealousie, - causing him to be strangled in his withdrawing chamber, and his dead body to be - cast out before the whole armie: then he made a proclamation, that there was - but one God in heauen, and one Sultan vpon earth: Two - dayes after he put Sultan Gobe to death, for that he had - wept for his brother; and Sultan Mehemet the third - brother, for that he fled for feare; leauing but one sonne liuing, to auoid the - danger of many lords. We also see that all nations of the earth from all - antiquitie, euen when they were guided by a naturall instinct, had no other - forme of gouernement than a Monarchie, that is to say, the Assirians, Medes, - Persians, Aegyptians, Indians, Parthians, - Macedonians, Celtes, Gauls, Scythians, Arabians, - - Examples of the greatest Monarchies of the world. - Turks, Moscouits, Tartars, Polonians, Danes, Spaniards, English, Affricans, and - Perusians, where there is no mention of any Optimacie, or Popular estate. Yea - 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, 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 - continued foure hundred yeres, or thereabouts, after they had expelled their - kings doubtlesse they have reason to maruel, to see two or three Cōmonweales - among a hundred, able to continue any time, - beeing instituted against the order of nature: but no man is amazed to see many - great & mightie Monarchies continue a thousand, or twelue hundred yeares, - for that it is according to the right lawes of nature. And although the name of - a king were hatefull unto the Romans, yet many of the - in particular affect to be soueraignes: for not many moneths before Augustus his birth, it was found out by oracles, that - nature should soone bring forth a great MonarchSueton. in - August of the Romans. For this cause the Senat decreed, That all - infants should bee slaine that were to be borne that yeare: but every one in - particular did hinder the carrying of this decree into Saturnes temple, for - that every one (saith the historie) did hope - his sonne should be a Monarch. In like sort the princes of Persia being - assembled together to consult which forme of gouerment were the better, they - concluded a Monarchy. The same argument was called in question by Augustus among his friends, being desirous to live at - rest, and to leaue the state, after that hee had pt - the nauie of Mare Anthonie to flight: but it was - resolved, That a Monarchy was the most safe without all comparison, and the - effects did verifie it: for in former times the Romans could not live ten - 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 - 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 - schollers that euer were, have held a Monarchy to be the best: as Homer, Herodotus, Plato, Aristotle, Xenophon, Plutarch, - Philon, Apolonius, Saint Ierosme, Cyprian, Maximus - Tirius, and many others. And euen in the law of God, it is said, When - as the people shall chuse a king, like unto other nations, he shall not take a - straunger: Wherby he not onely sheweth, that God approueth a Monarchy, teaching - a king how hee should gouerne, but also that other nations in those dayes had - nothing but Monarchies, as Samuel saith. He also made - Moyses king ouer his people, for so hee is called - - - - - Sam. 1. 12. Deut. 33. - in the law of God. And although that God gouerned his people or a time without a king, sending them alwaies by an - especial fauor certaine captains, as princes & judges to free them from the - subiection of their neighbors, whome the holy Scripture calls Messies, and - Sauiours: yet was there neuer any Optimacie, or Popular estate among them, - - Nehem. 10. but contrariwise they were a long - time without either prince or magistrat, beeing guided - - Sam. 2. c. 12. onely by - the grace of God, who for this cause is called their king. And after their - 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 (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 - Romans. For as for their Senat, which consisted of seuentie one, the king - making the seuentie two, and the most part of the line of Dauid; they busied not themselves in any thing else, but in iudging of - causes of great consequence, as of the high priest, or of some tribe, or of - 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 - 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: - and three other Arbitrators, whereof either of the parties did chuse one, and - the two that were chosen did name a third. The which I have particularly set - downe, to confute their opinion, which maintaine with Ioseph the Historian, That the Hebrewes - - Lib. - - . c. 6. antiq. - - have used a kind of Aristocraticall gouernment, taking the Senat of - seuentie one for soueraigne lords: all whome Herod, the - eldest sonne of captaine Antipater put to death, for - that they had condemned him, and had executed him, but for the favour of Hircanus king and high priest, who gaue him his pardon, - or at the least staied the decree of the Senat; and afterwards he murthered his - sauiour. Which sheweth plainely, that the Senat had no soueraigne power, and - that it was no Optimacie: although that Iosephus - - - - - - Ioseph. de antiq. lib. - - 4. c. 5. brings in - the Iewes complaynig, Quod Hircanus & Aristobulus formam - Reipub▪ in regnum mutarent, That Hircanus, and - Aristobulus, had chaunged the forme of the - Commonweale into a Monarchy. In my opinion these reasons, with many others - (which are not needfull to be here particularly exprest) are sufficient to - shew, that of the three kinds of lawfull gouernments, a perfect Monarchy is the - most excelleu: and among the disordered, the - Democratie the most vicious. A lawfull Monarchy (as a strong and able bodie) - may easily be maintained: but Popular states, and Aristocraties, as feeble and - weake, and subiect to many infirmities, must be preserued by diet and good - gouernment. And for that it is not alwayes in the power of wise and politike - states-men, to chuse the best kind of gouernment, nor to alter and change the - worst, they must in this case doe like unto - skilfull ship maisters, which yeeld unto the tempest; they strike their sailes, - and cast forth euen their most pretious marchandise, to attaine unto a safe - port. Euen so a wise man that seekes to change a state from bad to good, or - from good to better; he must first insinuat with the greatest, and by - obsequious obseruation draw them to his will. But if he be not assured to - effect it, let him not attempt it: as Dion did, who - ruined the Tyranny of Siracusa, suddenly to erect an Optimacie, by the councell - and aduice of Plato: and not able to effect it, he was - 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, 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 - precipice or downfall, from whence at the first storme they may be cast downe, - or fall of themselves. Else if the tyrant be but shaken, and not quite - ouerthrowne, he will commit horrible murthers of the best citisens, to fortifie - andA tyrant is insupportable that hath escaped any nspiracie. settle his tyranny. For a tyrant - that hath once escaped the hands of such as had conspired against him, he - becomes mad and furious, like unto a wild beast that sees his owne blood. We have too many examples, and without any further - search, we have seene - - Cosmo de Medicis (whome the banished men of Florence - called Tyrant, although hee were esteemed of many others to be a good and a - wise prince) build forts, & increased his Monarchy with the ruines of such - as had conspired against his life and state, and yet neuer any one conspiracie - tooke effect. Besides, a Tyrannie is much more insupportable, if the tyrant - hath no large limits and great territories: for being poore and hungry, he - 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 - 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 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, 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 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, - and amongst all Monarchies a Royall is the goodliest: let vs say, whether it - bee better to have it by a successiue right, or by election.

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- - - - CHAP. V. That a well ordered Commonweale dependeth not - either of lot, either of choyce, and much lesse of women; but by discent to be - deriued from a most honounourable stocke: and - that it ought to be giuen but to one alone, without partition. - -

- - IT is not enough to say, that a Royall and lawfull - Monarchy isWhat Royal onarchie is - best. better than either a Democratie, or an Aristocratie, except a - man say also, such a Monarchy as is by successiue right diuolued unto the next - heire male of the name, and that without partition. For albeit that the lawfull - Monarchy be alwayes to bee preferred before other Commonweals, yet - neuerthelesse so it is, that amongst Monarchies that which commeth by a - successiue right unto the heires males, of - name, neerest in blood, and without partition, is much more commendable and - sure, than are the other which come by lot, or by choyce, or will, to the heirs - male, but not to the neerest; or unto the neerest, but yet by the mothers side; - or that is the neerest by the fathers side, but yet is to make partition of the - whole Monarchy with other the coheires; or else of some part thereof. All which - 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 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: - as was done in England the seuenth of September, in the yere 1566, the queene - then present at the disputation of the schollers of Oxford; the questionThis question was indeed then in Oxford disputed, & the - right of succession notably defended, and before election preferred. - being, That it were better to have kings chosen by election, than by - succession. Which new doctrine not a little troubled, not the queene onely, but - euen the nobilitie also of that kingdome, then there present. For why, from - such beginnings wee see the subiects to proceed unto mutinies, unto rebellions, - and at length euen unto open wars. And who is he that would not be moued to - heare the inuectiue speech of an eloquent man, detesting the cruelties, the - exactions, and rapines of a tyrant? who neither hath the honour of God, neither - the truth, neither iustice, in regard: who driueth away the good men, and ioyneth himselfe unto the euill: and in the - end ioyneth thereunto this exclamation, O how happie is that Monarchy, wherein - the estates of the people makeTo possesse the people with - n opinion, that have the king by election, is better than to have him by - succession, a thing most dangerous unto soueraigne princes. choyce of - a iust and vpright king, who aboue all things feareth God, and honoureth - vertue: who regardeth the good, and chastiseth the euil: who unto the honest - appointeth due rewards, and unto the wicked condigne punishments: who abhorreth - flatterers, who keepeth his faith and promise; who banisheth the blood suckers - 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 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 - the simpler sort onely, and such as have small understanding in the knowledge - of matters of policie, but euen they also which are accounted of all others the - most sufficient, are oftentimes deceiued, and much mistaken, in regarding - nothing but the apparant good on the one side, without respect unto the - innumerable absurdities and inconueniences which are to be found on the other. - For euen Aristotle himselfe is of opinion▪ That Monarchs - should be created by election, calling the people barbarous, which have their - kings by right of succession. And for which cause he deemed the - Carthaginensians more happy than the Lacedemonians, for that these had their - kings by succession from the fathers to the - sonne in the stocke and line of Hercules, whereas the - othersMost people to have had their kings by successi on, - rather than by election, contrary unto the opinion of Aristotle. - still had them by election and choyce. But so he might call the Assyrians - barbarous, the Medes, the Persians, the Aegyptians, the people of Asia, the - Parthians, the Armenians, the Indians, the Affricans, the Turkes, the Tartars, - the Arabians, the Moscouites, the Celtes, the Englishmen, the Scots, the - Frenchmen, the Spaniards, the Perusines, the Numidians, the Ethiopians; and an - infinit number of other people, who still have, and alwayes before had, their - kings by right of succession. Yea and wee find in Greece (the countrey of Aristotle himselfe) that the Athenians, the - Lacedemonians, Sicyonians, the Corinthians, the Thebans, the Epirots, the - Macedonians, had more than by the space of six hundred yeares, had their kings - by right of lawfull succession, before that - ambition had blinded them to chaunge their Monarchies into Democraties and - Aristocraties. Which had likewise taken place in Italie also, whereas the - Hetruscians and Latines for many worlds of yeares had their kings still - descending from the fathers to the sonnes. Now if so many people and nations - were all barbarous, where then should humanitie and ciuilitie have place? It - should be onely in Polonia, in Denmarke, and in Sweden: for that almost these - 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 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 - chosen king of Corinth, and Pittacus of Nigropont. And - 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 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 - Greece itself (the nurse of learning & knowledge) shuld by this reason, in - the iudgement of Aristoile, be deemed barbarous. Howbeit that the word Barbarous, was in auntient time no word of disgrace, but - attributed unto them which spake a strange language and not the naturall - language of the countrey. For so the Hebrewes called also the auntient - Aegyptians, then of all nations the most courteous and learned, Barbarous, that is to say, , for that they used the Aegyptian tongue, - and not the Hebrew. - - Psal. 113. - -

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But in all Monarchies which go by election, there is one daunger thereunto - alwaiesGreat daungers incident unto an estate or - kingdome, where the king or other oueraigne - prince, is to be chosen by election. incident, which is, that after - the death of the king, the estate remaineth a meere Anarchy, without king, - without lord, without gouernment, still in danger of ruine; as a ship without a - maister, which oweth the wracke of it selfe unto the first storme or wind that - ariseth: theeves and murderers in the meane time at their pleasures committing - their murders, and such other their most - hainous outrages, with hope of impunitie; as the common manner is after the - death of the popes, of the kings of Tunes, and in former times after the death - of the Sultans of Aegypt. For there have bene such as have committedThe great disorders in Rome, in the vacancie of the papacie, - and before the new pope be chosen. fiftie sundrie murders, and yet - have alwayes had the popes pardon therefore: the popes at their first entrance - into the papacie, still pardoning all men their offences whatsoeuer: and so - murders and revenges commonly referred unto the popes death, remaine then - vnpunished. So that in the yeare 1522, there were two executed at Rome, whereof - the one tearmed himselfe Pater noster, and the other Aue Maria, who at diuers times had stabbed and murdered - an hundred and sixteene men, as was then proued. And the first thing that they commonly doe, the Papall seat being vacant, is - to breake open the prisons, to kill the gailors, to enlarge the offendors, to - revenge iniuries by all meanes: which continueth vntill that the colledge of - cardinals have agreed of a successor, wherein sometime they have beene at such - discord and variance among themselves, as that the seat hath bene vacant two - yeres and foure moneths together: as it chanced after the death of Clement the 5: yea & sometime 10 yeres, as after the - election of the duke of Sauoy surnamed Foelix. We read - also oftentimes two or three popes, and as many emperors, to have bene chosen - at once; and the empire to have stood vacant a yeare or two together, yea whole - eighteene yeares, after that William countie of Holland - the emperour, was slaine. And albeit that the princes electors made offer - of the empire unto the king of Spayne, Alphonsus the tenth, yet so it was that he would not - accept thereof, for the manifest daunger that he was to put himselfe into by - taking vpon him sueh an estate, exposed unto the will and pleasure of the - subiects, unto the enuie of princes, and the violence of murtherers: all which - time of vacancie the wicked neuerthelesse are out of frame in all kind of loose - libertie. Which in some sort to remedie, the Polonians (who have their kings by - election) double the penalties for the offences committed during the choyce of - the king, as I have learned of Zamoschy now Chauncellour - of Polonia, but as then ambassadour in Fraunce. So wee read also that during - the elections of the Sultans of Aegypt (before it was by the Turkes subdued, - and by them unto their empire vnited) the poore - subiects, and the best townes and cities in - the whole kingdome, were sacked and rifled by the Mammalukes: vntill that some - one of them by the consent of all the rest was chosen Sultan.

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Now if some (to remedie the matter) shall say, That in the meane time there - mightNo lesse dangerous in the vacancy of a kingdome, to - make choyce of a soueraigne gouernor than of a king himselfe. a - gouernour be established: he is therein deceiued, it being a no lesse hard - 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 (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 - election at all, and so lest the regall power by strong garrisons confirmed - unto his posteritie. And to leaue the gouernment unto the Senat, as they do in - Polonia, and did of auntient time in Rome, is no lesse daungerous, least in the - meane time some of the stronger and bolder sort should possesse themselves of - the fortresses and stronger places: as did Pompey - Columna, and Anthonie Sauelle, who ceized vppon - the Capitoll at Rome, proclaiming unto the people libertie. And in the time of - such vacancie civill warres and dissentions are impossible to be auoided, not - only amongst the most warlike nations, but euen amongst the church men also: so - that it was neuerMany popes flaine or poisoned, about their - election. possible to prouide so well, but that two and twentie popes - had their heads chopt off, and many moe of them by strong factions driuen out - of their seats: not to speake in the meane - time of them (in number almost infinit) who have by poyson (the common death of - the bishops of Rome) perished. Yea we read that euen in the primitiue church, - viz. in the yeare of our Lord 356, there were six - hundred persons slaine in the verie citie of Rome, about the election of Damasus and Vrsicinus, whether of - them should bee pope. Neither was that onely done at Rome, but almost in euerie - towne and citie,Why the choyce of bishops, and - ecclesiasticall presements was taken from the - people. which had in them any bishops, all places were so filled with - so many of Laodicia, that from thence forward it should not be lawfull for the - people, to meddle with the choice of the bishops and prelats, or the bestowing - of the ecclesiasticall preferments. Wherefore Athanasius, and Augustine, both bishops, - appointed whome they would have to succeed them in their bishoprikes, the one - at Alexandria, and the other at Hippona. What - should I speake of the Roman civill warres, and after them of the Germans, - about the choice of their emperours? their bookes, their histories, and all - their monuments, are full thereof. Wherein we cannot without iudignation and - horror, remember the miserable wasting countries, the mutuall slaughter of - citisens, and sacking of most noble cities, mischiefs still done either by the - one side or the other.

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And yet there is another inconuenience also, not to be omitted, which is, That - kingdomesThe publike demaine most com monly dissipated or - embeseled by princes electiue. going by election, have nothing in - them which at one time or other is not subiect unto all mens spoiles: so that - euen the publike demaines, and such as before were common, and wherein euerie - man had a common interest: we see them in a little time conuerted euen unto - particular mens vses: so as we see it to have happened in the demaine - of Saint Peter at - Rome, as also in the demaine of the German empire. For the princes elect - knowing wel that they cannot long raigne, nor that they cannot leaue unto their - children any thing of the estate, more than what they thinke they can by deceit - and fraud purloine and hold, care not to giue any thing unto the magistrats - their friends: or by open sales and donations, to make their owne profit of the - publike reuenues and possessions. So Rodolph the - emperour for money exempted all the towns and cities of Tuscanie from the - fealtie and obedience which they ought unto the German empire: Robert also the emperour, gaue three of the imperiall - townes unto his sonne: Henry - the first ceased vpon Saxonie: Fredericke the second - enfranchised Nuremberg: - - Otho the third enfranchised Isne: Lewes of Bauiere did the like for the towne of Egre: Henry the fist sold all he could: and Charles - the fourth being not able to pay the hundred thousand crownes which he had - promised to every one of the princes electors, sold unto them all the tributes - of the empire, to have them to chuse his sonne Charles - emperour, as he indeed was: but afterwards againe thrust out euen by the same - princes who had before made choice of him. So that the principall and strongest - sinewes of that Commonweale being cut in sunder, the whole body of the empire - became so weake and feeble, that Charles duke of - Burgundie doubted not to wake warre vpon the Germaine princes.Nothing more intollerable than a man of base degree suddenly - mounted vp unto great honor. - -

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Another point there is also well worth the consideration, which is, That a man - of base degree suddenly mounted unto the - highest degree of honour, thinketh himselfe to bee a god vpon earth. For as the - wise Hebrew saith, There is nothing more intollerable than the slaue become a - lord. And on the other side such is the feruent loue of the father toward his - sonnes, that he will rather confound heauen and earth together (if he have - power so to do) than not to leaue unto them the crowne, but to let it rest in - the voyces and choice of the ignorant people,

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But let vs yet go further, for why these are not the greatest inconueniences. - ForAnother great inconuenience about the election of - soueraigne princes. where the people is to chuse their king, they - must either make choice of a stranger, or of a naturall subiect: Now if choice - bee to bee made out of the naturall subiects, then every the most impudent and audatious fellow will by all - right and wrong seeke to aspire unto the soueraigntie: and if there bee many of - them of equall power andNo accord where every man would be a - lord. grace, it is impossible but that there should be great - factions, wherin the people should become partakers: or in case they were not - equall, neither in vertue nor wealth, yet so it is that they would presume - themselves to be equall, and neuer agree one of them to obey another, but - wishing rather to endure the commaund euen of strange and wicked princes, than - of another subiect their equall. As it happened in Armenia (as Tacitus reporteth) where the nobilitie could endure none - to bee their king but a meere stranger. And of late in Polonia Sigismundus Augustus the king beeing dead, and a - controversie arising amongst the nobilitie, every one of them longing after the - kingdome; a decree was made whereby all the - naturall subiects were embarred from obtaining of the kingdome: as I learned of - the Polonian embassador, whom I was commanded to attend after they were entred - into the confines of this kingdome, to conduct them unto Henry the king.

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And in the remēbrance of our fathers when as the Aegyptian Sultans were chosen - by the voyces of the pretorian souldiers or Mammalukes, & they not able to - endure one of them to be greater than another, had slaine diuerse of their - Sultans: they at last to stint the strife, by their common consent sent their - embassadors unto Campson king of Caramania to become - their Sultan, and to take vpon him the kingdome of Aegypt being by them offred - him. With the same calamities the Germaine princes also troubled, after diuerse murthers of the emperours of their owne - country, oftentimes made choyce of strangers, yea and those right small - princes: as of one William earle of Holland, and of Henrie earle of Lutzembourg, one while also making choice - of the king of England, and another while of the king of Spaine: yea, sometime - such forraine princes refusing that same empire so offered them: For so Alphonsus the tenth king of Spaine refused the imperiall - crowne by the princes electors offered him, which afterwards stood emptie aboue - eighteene yeares, as we have before sayd. Sigismund - alsoThe imperiall crowne of diuers▪ strange princes - 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 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 - absurd and inconvenient.A strange kingdome hard to be - gouerned by lieutenants or deputies. For who is he so foolish that - had not rather to looke to his owne things than to other mens? and what nation - or people can with patience endure to be gouerned by deputies? so to have him - whom they would not, and to want him whom they made choice of. So Lewes king of Hungarie at the request of his wife - daughter to Casimire king of Polonia, tooke vpon him the - kingdome of Polonia conferted unto him by the voyces of the people: into which - kingdome he was inuested, and receiued with - the greatest acclamations, and applauses of all men that might be: who yet - shortly after, whether it were for that he found himselfe offended with the - sharpnesse of the Polonian aire: or that he was allured with the pleasures and - delights of Hungarie, or that he was by the vowes and requests of his owne - people recalled: returned home, leauing his wife unto the Polonians (her - countremen) with a traine of the Hungarians to attend vpon her: where so it was - that the Polonians mindfull of the Great Casimire her - father, for a space endured the womans soueraigntie, but could in no wise - endure her traine of Hungarians. And so also not long ago Henry, Charles the French kings brother called unto the kingdome of - Polonia, his brother being dead, withall speed returned unto his owne naturall - kingdome: howbeit the Polonians would by no - meanes endure the gouernement of his deputies or lieutenants, but by voyce - chose unto themselves a king: although that they could by no right or reason do - so, but by the consent of Henry, unto whom they had - giuen all the soueraigne rights, whereunto they had not annexed any clause or - condition (when as question was of the kingdome of France to fall unto him) - that hee should not in his absence by his deputies or lieutenants gouerne that - kingdome bestowed vpon him: as hath bene alwayes lawfull for all princes to do. - For it is an old axiome, a donation once consummate and perfected not to admit - any moe conditions. But admit both the kingdomes confine together, as doth - Polonia and Hungarie; what doubt is there but that he will, if he can, make one - kingdome of two? or change an Aristocratique estate into a right - Monarchie: yea, and that by force of armes, - if the nobilitie or people shall withstand him, whereof we have an example of - the Emperour Charles the fifth, who after the ouerthrow - of the Germaine princes had changed the Aristocracie of the Germaines into a - kingdome, and had caused his sonne Philip to be sent for - out of Spaine into Germanie, to have made him king of the Germaines, had not - Henry the second the FrenchCharles - the fift about to have made his sonne Philip king of Germanie. king - most mightily withstood him, and so broken his designes. The occasion of Iulius Pflugius the Bishop is yet extant wherein hee - laboureth to persuade that one thing especially, viz. that the most sure - 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 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 - from their ancestors have used to do: in such sort as that the rights of - elections by voyces, seeme to be vtterly taken away. So Ladislaus king of Bohemia, the sonne of Albertus, and the emperour Fredericke the third - his nephew,Kingdomes electiug oftentimes changed into - hereditarie. by the voyce of the people chosen king of Hungarie by a - certaine bond of fealtie, left that kingdome unto his - nearest kinsmen all most hereditarie. And albeit that Matthias - - - - Coruinus the sonne of the noble Huniades (Ladislaus being dead without issue) by the voyces of the - people obtained that kingdome (they alwaies pretending that the right of the - choice of the king belonged to them; and that the succession of the next of - kinne was not to take place) yet for all that Fredericke - his nearest kinsman was about both with his owne power, and the strength of the - whole empire to have inuaded that kingdome, and had vndoubtedly so done, had - not Matthias by his promise put him in hope of the - kingdome for himselfe and his posteritie: if he should himselfe die without - issue, as by chance he did. Howbeit, yet neuerthelesse that Matthias being dead, the Hungarians made choice of another Ladislaus king of Bohemia and Polonia also: without - regard of the conuention and agreement before made with Fredericke, which was the cause of a - most great and cruell warre for the kingdome of Hungarie: which could by no - 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 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 - yong king his nephew: the people of Hungarie, yea, and the sister of Ferdinand (the yong kings mother) chose rather to cast - themselves into Solyman the great Turkes lappe, and so - to betray both king and kingdome, rather - - The Hungarians for the maintenance of their electiue right - now fallen into the perpetuall sernitude and sla - - 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: 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 - people by them subdued, or oppressed, and to enure them, or otherwise to - enforce them to embrace and follow their fashions, manners, and religions: and - was as should seeme the principal cause why God forbid his people to make - choice of a strange prince to raigne ouer them.

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And yet in matter of election the way being open to manie competitours, if the - - - Princes by election created still to be in great - danger. matter be to be tried by force, alwayes the most wicked and - deceitfull: or else the most hardie and aduenterous, put all vpon hazard to - attaine thereunto: And if it hap the most vertuous to be chosen, his life is - still in danger of the competitours being of greater power: as in Germanie it - hath bene seene: where within this 360 yeares, since that Monarchie fell into - election, there have bene eight or nine emperours slaine or poysoned,Diuerse electiu emperours and princes - murthred, or els shamefully deposed. and - among others, William of Holland, Rodolph, Albert, Henry the seuenth, Fredericke - the second, Lewis of Bauaria, Charles the nephew of Henry, and Gunther: besides all them who were most shamefully thrust - out of the imperiall seate. And of 15 Sultans which were chosen kings of - Aegypt, there were seuen of them slaine: namely, Turqueman, - Melaschall, Cothus, Bandocader, Mehemet, Cercasse, and Geapalt. And of the - Romane emperours after the death of Augustus, there were - seuen one after another massacred, poysoned, or strangled: and that three of - them in one yeare, oppressed only by the conspiracie of citisens. Yea, the - pretorian souldiers sometimes slew the emperours to have a new, onely vpon hope - of gifts and largesses. But still hee of whom the Senators made choice, - displeased the legions and men of warre: yea oftentimes every armie created an - emperour, in such sort as that at one time there were thirtie Romane emperours - chosen in diuerse places, and among them one woman, viz. Zenobia: all the empire being in civill warres and combustion who - should carry away the state, no end thereof being to - be found vntill that the rest were by the power of one all oppressed. Neither was there any assurance in the estate, if the - sonnes either lawfull or adoptiue succeeded not their fathers without election, - so as did Tiberius, Titus, Traian, - - No assurance in the estate where the succssion is not established. - - Adrian, Antoninus Pius, Marcus Aurelius, and Commodus. But if any of the emperours gaue not order for - the adopting of his successour, in case hee had himselfe no children, the - commonweale alwayes fell againe into civill wars. And for this cause theThe great care the good Roman emperours had for the - certainti 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 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 - both dying without issue, hee adopted also his third nephew Agrippa, and with him Tiberius his sonne in law: yet with condition that hee - should first adopt Germanicus. And they which were so - adopted and appointed heires of the empire, were called principes iuuentutis, or princes of the youth: and afterward of the - Germaines; reges Romanorum, or kings of the Romans: to - the end that euen in estates and Monarchies going by election, there might yet - be some certaine successor. For so Henry the third the - emperour whilest he yet lived caused his sonne to be chosen king of the Romans, - and his grand child to be also by him adopted. And Charles the fourth after that caused his sonne Wenceslaus by the electors to bee designed to the empire, but not - without a great summe of money: unto whome succeeded his brother Sigismund, who afterward adopted his sonne in law Fredericke the third; who againe caused Maximilian his sonne to be - adopted emperour. Neither was it to be doubted but that Philip, Maximilian his sonne, should have raigned ouer the Germaines, - had not his vntimely death preuented his fathers hope. And all bee it that the - estates and princes of the empire, the imperiall seae - being as then vacant, had many great princes competitors in the same; yet so it - was that they deemed the grand child of Maximilian - (Charles, then a very yong man, and neerest unto Maximilian in bloud) by a certaine successiue right worthie to be - preferred before the rest of the princes. And allbeit thatGreat regard had of succession, euen in kingdoms going by election. - the Bohemians, the Polonians, the Hungarians, Danes, and Tartars, will by no - meanes suffer the election of their kings to bee taken from them; yet they - thinke that their kings sonnes ought still in their choice to be preferred - 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, 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 - time as it were, the parliament of England was holden at London in October - 1566, where the estates preferred a request unto the Queene for the prouiding - of a successor unto the crowne, to auoid (as they sayd) the euident dangers - whereinto the kingdome was like to fall, if it were not foreseene and prouided - for; and that they were resolved not to speake of any subsidie, or other thing - whatsoeuer, vntill that matter were - determined. With which request howbeit that the Queene was much troubled; - saying, That they would make her graue before she were dead: yet so it was that - she promised them therein to follow the counsell and aduise of such as were the - wisest in her land. For a kingdome going by succession still falleth into - eelection when there is none left neere of kin, neither of the fathers side nor - of the mothers;Kingdomes going by succession how they - sometimes fall into election. in which case it is necessary to - prouide before that the matter so fall out, whereas otherwise the estate is in - great hazard to be quite ouerthrowne: as it happened unto the estate of Milan in the yeare 1448, after the death of Philip Maria the last of the - - eires male of the house of Anglerie, which in - successiue right had holden Milan soure hundred yeares: when as the people - seeing themselves in full libertie without any lord or soueraigne, resolved to - 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 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 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, - both the naturall and lawfull sister of the last duke. During which quarrels - the Venetians (as their vsuall manner is) to fish in troubled water, without - any right at all, possessed themselves of Cremona, Laude, & Placence, all - members of the dutchie of Milan. The duke of Sauoye tooke also Nouarre and - Versel: Sforce, Pauie, and Derthone: and the people of Milan vnable now to mannage their estate - at home, or to defend their territorie abroad; and yet abhorring the - gouernement of one, and not well knowing unto what Saint to commend themselves, - voluntarily submitted themselves with their citie unto the Venetians, by whom - for all that they were reiected. So that in fine all the Christian princes and - states their neighbours, were vp in armes and together by the eares for the - estate; and for all that the last duke - prouided not for his successor as he ought to have done, in following that - which was resolved and agreed vpon at the treatie of the mariage made betwixt - Lewes duke of Orleans and Valentine his sister: neither in taking unto him Charles of Orleans his nephew, and right heire of his dukedome so to - have adopted him, and brought him vp neere unto his person, but adopted Sforce who had maried his base daughter, being but the - first gentleman of his house.

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But the royall stocke being extinct, the last thereof may by right adopt unto - himselfeWhether the last of the royall stocke may by - right adopt unto himselfe his successor. his successor, except the - nobilitie or people claime the right of the choice of their prince to belong - unto themselves. For if the last prince of the bloud shall appoint no - man to succed him, the soueraigntie is to - fall unto the people. It beeing a common matter for Monarchies neuer to fall - into election, but when the Monarch dying without heires hath not prouided a - successor. For so the line of Charles the great beeing - vtterly extinct, when as the last king of the Germaines had adopted none to - succeed him, Henry the Faulconer duke of Saxonie was by - generall consent of all men created emperour: wherein for all that the Germaine - writers are at varience among themselves: one of them thinking Arnulphus; and another Charles the - sonne of Lewes kingAbout what time - the seuen princes electors were first appointed for the choice of the - emperour. The error of thē which have thought the kingdome of France to - have in antient time gone by election, reiected. of the Germaines to - have bene chosen emperour, and that not by the voyces of the people, but of the - fiftie princes onely: and that electiue right to have beene at length conferred - unto seuen of them who were thereof called the princes electors: and that to - have happened about the yeare 1250. But let vs now come unto our owne - histories. Many there be which have reported - the kings of France in antient time to have bene created by choyce, and so that - kingdome to have fallen into election: but all that vntruly. For why that must - needs have bene done in the raigne of the Merouignes, or the Carlingues, or of - the Capets.

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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 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 - 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 - successiue right, after the antient manner of their ancestors. Wherein he - sheweth the aforesayd three lines of the kings of France to have used the right - of succession. And if so bee that first Charles, and - after him Carlomaine the children of Pipin caused themselves to be both chosen by the nobilitie (as indeed - 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 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 - to whom he was appointed tutor. Robert Otho his brother - in chalenging the kingdome as it were in the right of succession after him, was - slaine in the battell of Soissons. Rodolph also sonne - unto the duke of Bourgundie caused himselfe also to be chosen, to exclude Charles the Simple, from - whom in the castle of Berone wherin he then was kept prisoner, Harbert countie of Vermandois had in favour of this Rodolpe extorted his resignation of the crowne. And after - that Hugh Capet had wrested the scepter out of the hands - of Charles of Loraine, he caused his sonne Robert whilest hee himselfe yet lived, to bee crowned; - and he likewise his sonne also, Henry the first; and Henry, his sonne also: and so vntill that one of the - daughters of Baldwin earle of Holland and regent of - France, descended from the eldest daughter of the aforesaid Charles of Loraine, and so lineally from Charlemaigne, was maried unto Philip the first, - and was mother unto Lewes the Grosse: wherby the secret - grudgings & hatred of the people against the Capets - were appeased, & the fire of ioy and blisse kindled, to see one of the race - of Charlemaigne, and so of the bloud of Saint Arnulph, ioyned with - the stocke of Capets. And if any coniecture there be, - wherfore any man should thinke the kings of France to have bene by election - created; it may best seeme to be drawne from the manner of the coronation of - the kings: For before the king that is to crowned take his oath, the two - Bishops of Laon andThe antient manner of the coronation of - the kings of France. Beauuois standing on both sides of the king, and - lifting him vp a little from his throne, and then turning themselves unto the - people there present, demaund of them whether they will have that man to reigne - ouer them or not: whereunto they giuing their consent, the Archbishop of Reims - taketh his oath. So that they which write the kingdome of France to go by - 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 understood, in - what sort our kings have beene in antient time crowned.

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The title of the antient written booke of Rheimes is this, LIBER IVLIANI AD - ERRIGIVM REGEM: The booke of Iulian unto king Errigius: - (meaning Errichius the father of Philip the first) The words of the booke are these, Anno 1058 indictione xij Henrico regnante xxxij, - & iiij Cal. Iunij, in die Pentecostes Philippus - - - - rex hoc ordine in maiore ecclesia ante altare sanctae Mariae - à venerabili Archiepiscopr - - - - consecratus est incoata Missa antequam epistola legeretur, - Dominus Archiepiscopus ver ad eum, & exposuit - ei fidem catholicam, sciscitans ab eo vtrum hanc crederet, & defendere - vellet: quo annuente delata est eius professio; quam accipiens ipse legit, - dum ad huc septennis esset, eique subscripsit: erat autem prosessio eius - haec: EGO Philippus, Deo propitiante mox futurus rex Francorum, in die - ordinationis meae promitto coram Deo, & sanctis eius, quòd vnicuique de - vobis commissis canonicum priuilegium, & debitam legem, atque iustitiam - conseruabo, & defensionem adiuuante Domino, quantum potero, exhibebo, - sicut rex insuo regno vnicuique Episcopo & ecclesi sibi commissae per rectum exhibere debet: populo - quoque nobis credito me dispensationem legum in suo iure consistentem, - nostra auctoritate concessurum. Qua perlecta posuit eum in manus - Archiepiscopi, ante stante Archiepiscopo - - - - Suessionensi, &c. Accipiens Archiepiscopus baculum S. - Rhemigij, disseruit quietè & pacifice, quomodo ad eum maximè pertineret - electio regis & consecratio, ex quo sanctus Rhemigius Ludouicum - baptizauit & consecrauit. disseruit etiam quomodo per ìllum baculum hanc - consecrandi potestatem & totum Galliae principatum Ormisdas papa sancto - dederit Rhemigio: & quomodo victor Papa sibi & ecclesiae suae - concesserit. Tunc annuente patre eius Henrico, elegit eum in regem post eum. - Legati Romanae sedis, cùm idsine Papae nutu fieri licitum non esse dissertum - ibi sit: honoris tamen & amoris gratia tum ibi assuerunt: Legati - Lotarius Sol; Archiepiscopi, Episcopi, Abbates, Clerici; Dux Aquitaniae, - filius, Legatus Ducis Burgundiae, Legati Marchionis, & Legati Comitis - Andegauensis: pòst Comites - - - - Vandensis, Vermadensis, Ponticensis, Suessionensis, Aruer - nensis, pòst milites & populi tam matores quàm minores vno ore - consentientes laudauerunt, ter proclamantes: LAVDMVS, VOLV MVS, FIAT. - In the yeare 1058, the twelft of the indiction, of the raigne of king Henry the xxxij, the iiij of the Calends of Iune, on - Whitsunday, king Philip was in the great church, before - the altar of blessed Marie, by the most reuerend - Archbishop in this order crowned: Masse now alreadie being begun, & before - the reading of the Epistle: the Lord Archbishop turning himselfe unto him, - declared unto him the Catholike faith, asking him whether he beleeued the same, - and would also defend it? Wherunto he graunting, his profession of the same was - brought forth, which he taking read it, (being as then but seuen yeares old) - and subscribed to the same, whose profession - was this, I Philip, by the grace of God, by and by about - to be the king of France, vpon the day of my inuesting do promise before God - and his saints, to keep canonicall priuilege, with due law and iustice to every - one of you the committies: as also so much as in me lieth by the helpe of God, - to defend you, as a king in this kingdome of right ought to doe unto euerie - Bishop, and to the church committed to his charge: as also by our authoritie to - graunt unto the people committed unto vs, the administration of our lawes, - standing in their full power. Which profession so read, heeThe archbishops of Rheims pretend to have the choyce of the French - kings. put it into the Archbishops hands, &c. (Here are twentie - Bishops and many Abbats by name reckoned vp, and immediatly aster) The - Archbishop taking the staffe of Saint Rhimigius, calmely - and quietly declared, How that unto him especially belonged the choice and consecrating of the new king, euer since - that Rhemigius baptized and consecrated king This Iewes is rher to e calle Co ioues, otherse in ntient ti called Hndwich. - - Lewes: declaring also, how by that staffe of Hormisdas the pope gaue unto Saint Rhemigius this power of consecrating the kings, with all the kingdome - 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 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 - Duke of Burgundie, the ambassadours of the Marquesse, - the ambassadors of the Earle of Angiers, after them the Earls of Vandosme, Vermandoise, Soissons, and Auuerne: after that - the souldiors, and people, as well the greater as the lesser, with one consent - commended him, crying 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, 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 used to giue - unto the kings of Fraunce. Wee read also, that Charles - (he which for want of wit was surnamed the simple) was crowned by Fulke the archbishop of - Rheims, in the right of his neerenesse of blood, and not in the right of any - election by voyces. Whereby Otho so chosen, prerended - himselfe to be king: and unto whom complaining of the iniurie done him by the - archbishop in crowning of Charls: Fulke aunswered, That - he had made choyce of Charles, according to the manner - and custome of his auncestors, who had not used to chuse kings, but of the - royall stocke & race of kings. Whose letters written unto that effect to - Otho are yet extant. Wherby it appeares, that if euer - any man had the right of election, it belonged unto the archbishop of Rheims, - or that at leastwise he was in the possession thereof: and yet for all that, - that he could not make choyce of any other king, but of the princes of the - blood. But to shew that the right of the crowne of Fraunce still descended unto - the heire male next of blood and name, it - appeareth not onely by the authoritie of them whome wee have before noted, but - yet more also by the cruell and bloodie warre, that was betwixt Lotaire, Lewes, and Charles the - 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 - 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 - him and his brother; to preuent the same, hee caused his son Philip, - - so soone as he was but seuen yeares old▪ to be - crowned king of Fraunce. Which yet was done without any forme of election at - all: except perhaps, that some would absurdly say, The election of the kings to - belong unto the archbiships of Rheims, as giuen them by the pope, mistaking the - consecration, for the creation of them. Howbeit that the verie consecrating of - them, properly belonged not unto the archbishops of Rheims alone: king Lewes the Grosse being consecrated by the archbishop of - Sens, in the citie of Orleans. Besides that the archbishops of Rheims foolishly - pretend them to have that from the pope: wherein the popes themselves have no - right, no more than they have unto the empire, which they have made subiect - unto their elections; and by thrusting the sickle into another mans haruest (as - saith Albericus the lawyer) have against al right made lawes concerning the estate of princes, - binding the emperour to giue unto him the oath of fidelitie: chalenging unto - himselfe the power to depose him; as all other kings also. Howbeit that the - bishops of Rome do themselves by their decrees confesse, the French kings to be - altogether free from the popes obedience & seruitude: neither to - 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 - understood. That the king neuer deth. - - sheweth well, that the kingdome neuer went by election, & the kings - thereof hold their scepters neither of the pope, neither of the archbishop of - Rheims, nor of the people, but onely of God alone. And - I remember a lawyer, a most famous pleader of his time, who to serue the cause he had in hand, said in his pleading, - That the people of Fraunce had giuen the power unto the king: alleaging - therefore the words of the great lawyer Vlpian, where he - speaking of the Roman emperour saith, Lege Regia de eius - imperio lata, populus ei & in eum omnem suam potestatem Contulit, - By a royall law made concerning his power, the people conferred unto him and - vpon him all his power: whereat the kings people suddenly arise, requesting the - court in sull audience, That those words might be rased out of the plea; - shewing that the kings of Fraunce had neuer receiued their power from the - people. Yea the court therefore sharply reproued the said lawyer, causing the - words, at the request of the Attourney generall, to bee rased out of the plea, - forbidding him any more to vse such speeches: who neuer after, as every man - knoweth, pleaded cause in that court. But - yet this is made more plaine by the solemnitie commonly used at the kings - burials, where the kings garments, weapons, scepter, and armes, are so soone as - the king is buried cast away; an herauld at armes with a loud voyce proclaiming - thrice, Rex est mortuus, or, The king is dead. And euen - he the same man, presently after aduancing a banner with the Lillies in it, the - proper armes of this nation, crieth likewise, Viuat Rex N. - eique vitam diuturnam ac felicem Deus largiatur, God saue king N. and - graunt him long and happy life. The like manners and customes vse the English, - the Scots, and Spaniards, with whom (as with vs) the kingdom is by right of - succession giuen unto the neerest of kin. The like ceremonies are used also - amongst the Bohemians, the Danes, and - Polonians, but yet not before that another king be by voyces created.

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But now those daungers which we have said to follow the election of a prince, - belongElection no lsse - daungerous unto the electors, than vo the kings - and soueraigne princes themselves so elected. not more unto the kings - and princes themselves, than unto them that chuse them: for if the king be to - be chosen by the voyces of the whole people, all must needs be full of - seditions, factions, and murders. But if the nobilitie, or some other estate - onely, shall chalenge unto themselves alone the right of chusing of the prince, - the rest of the estates will grudge and repine thereat, that which is of right - due to all, to be giuen to some few.Election of princes - btter to bee made by some few, than by - many. yet could nothing be deuised more commodious or expedient for - the auoiding of the factions of the seditious, and of civill warres, than to - take from the multitude of princes and - magistrats, the election of the soueraigne prince or king, & to communicat - it with some few. For so the German princes (who in auntient time were fiftie - foure, and now almost foure hundred) have giuen all the right of their voyces, - for the chusing of the emperour, unto the seuen Princes Electors. Neither yet - in so great fewnesse of them, doe they still well agree, but sometime being at - discord among themselves, have chosen two emperours at once: as namely Albert of Austria, and Lewes of - Bauaria, who for the space of eight yeares made most cruell warres, which of - them should as emperour rule and raigne one of them ouer the other, all that - while one of them still spoiling and ruinating the townes, castles, and - villages, of the others favourits and part takers. So in like manner the - cardinals (who were but twelue) after the death of pope Clement the 4, for the great - dissentions and factions of the mightie, differred the election of the next - pope three yeares▪ and in fine chose the archdeacon of Leedes▪ who was then - gone to Hierusalem, and was afterwards called Gregorie - the tenth: & who for that cause bound the colledge of cardinals unto most - strait laws in the choyce of the pope, and yet could he not so prouide, but - that after his death, they at once made choyce of three popes, and oftentimes - of two; insomuch that at the last it was needfull to shut them vp, and to - starue them with hunger, if within a certaine appointed time, they did not - denounce him pope, who had at the most two parts of the voyces: which yet is - more straitly kept in the chusing of the Grand Maister of the Knights of the - order of Saint Iohn: - - for they mure vp the twentie foure electors, before - nominated by the knight, without - - The strait order observed in chusing the Grand Master of the - knights of Malta either meat or drinke, who must chuse one who is not - of that number of the twentie foure, and that within a short time limited them. - There have bene seene also such factions, suits, and murders, to have happened - in this realme, about the election euen of the inferiour bishops, as have - oftentimes troubled the state euen of the most famous cities, and wherein he - that was the most vitious and ignorant most commonly carried away the matter: - than which no greater cause seemeth to have beene, wherefore the voyces for the - chusing of bishops have bene taken from the colledges of priests and monkes, - and giuen to princes: as the Chauncellour Prat declared, - at such time as question was in parliament, for the verifying of the agreement - made betwixt king Francis the first, and Leo the tenth: For which cause also the bishops and - abbats in Moscouie, are drawne out by lot.

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And yet neuerthelesse the onely colour that men have to maintaine election, is - toEuill men more commonly preferred than the good, where - men are by election promoted. say, That the more worthy men are so - chosen to be emperors, popes, bishops, and prelats. Wherein I referre them unto - the histories of all ages, which will say the contrarie: and that there have - seldome bene more vicious and wicked men, than were the most part of them who - were by choyce and election preferred; which wee need not now by examples to - verifie: but thus much onely I say, that if the right of succession had taken - place, Nero, Heliogabalus, Otho, Vitellius, and such - others, the monsters of nature, had neuer come unto the Roman empire: Augustus, Traian, Adrian, both the Antonines, with other the emperours excelling in vertue and wisedome, - who by adoption (as by the lawfull right of - succession) obtained the empire, should have beene excluded. But were it so - that the better princes were still to bee chosen by the suffrages and voyces of - the nobilitie, or of the people, or of other the wiser sort: yet so many and so - great inconueniences are on every side attending, as that it were better to - want good princes (howbeit that we cannot by this meanes have them) than to - have them with so great daunger of the subiects created and chosen, especially - so long as the right of succession may take place. But the line of the monarchs - 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, 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 - following the forme of the auntient Hebrewes, who still said, Lord God direct - thy lot, to the end that all sorcerie and witchcraft may be from hence absent. - So the great Prophet Samuel, when question was for the - making of a new king, caused all the people to bee assembled, and the lot to be - drawne for all the twelue Tribes, which falling vppon the Tribe of Beniamin, and lot cast also vpon the families of that - Tribe, in the familie of Cis - - Some kings first chosen by lot, & yet their children to - have obtained their kingdomes as by a successiue right. the lot fell - vpon Saul, whome Samuel by the - commaundement of God had before annointed, to the end that the people should - 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, used lot, or rather - 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.

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Now it is not enough that successiue right take place in the descending of a - kingdome,The successiue right of the eldest sonne, common - to al people but that the neerest of kin unto the soueraigne monarch - succeed him also: my meaning is, among the males, and those of his name, which - is (to speake properly) the elder, as the first descended of him. For so the - order of nature willeth that the elder should goe - foremost next after the father, and that the rest should every one of them - follow in their degree, and so by - consequence, that he should be preferred before the others. And this law a man - may say to be naturall, and such as hath beene alwayes almost to all people - common. For so said Perseus, that by the right of nature - common unto all nations, and by the custome inuiolably observed in the kingdome - of Macedon, the elder was still to succeed into that kingdome. And for that - reason (as saith Diodorus) Alexander the Great carried - away the crowne of that kingdome, from the rest of his brethren. As the manner - was also in the kingdome of Parthia, where the eldest of the house of Arsaces their first king, and the neerest of his blood - succeeded: following therein (saith Iustin) the auntient - custome of the Parthies. In like manner amongst the Hebrewes, the kingdome of - Iuda was giuen to Ioram, for that (as saith the - Scripture) he was the eldest. And so Herodotus himselfe (the most auntient of all the Greeke - historiographers) saith, That generally in all kingdomes the custome was, that - the elder should by right of succession have and enioy the scepter and diadem: - yea and more than foure hundred yeres before Herodotus - (as saith Coruinus Messala, in his booke dedicated to - Augustus the emperour) Ilus as - the elder brother, was preferred unto the kingdome of the Latines, before Assaracus the yonger brother. We read them also of the - West Indies (although men of all others most deuoid of humanitie) to have also - used this same natural▪ law, for the eldest to succeed before the younger. And - that when Francis Pizarra Generall of the Spaniards, - conquering the kingdome of Peru, caused - - 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 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 - kingdome is to be kept unto him that is first borne, & so to be left, - witnessed by most manifest proof: least such like quarrell should arise for the - prerogatiue of birthright, as did betwixt Iames king of - Scots, and the duke of Albanie, being twins: which kingdome the duke complained - to bee wrongfully taken from him: king Iames maintaining - the contrarie, for that he was the first - borne. And so alwayes when men would force and violat this naturall successiue - right, great troubles and civill warres have thereof ensued: as it happened for - the kingdomGreat troubles to have still arisen, where the - naturall successiue right of the eldest hath bene violated, and the yonger - brother preferred. of Alba, inuaded by Aemulius, being of right due unto Numitor the - elder brother: & to Aristobulus king of Iudea, - thrust out of the kingdome by the sentence and doome of Pompey the Great, to make an end of the civill warres and seditions: - the kingdome being so restored unto his elder brother Hircanus, without respect to that which Aristobulus alleaged, his said brother not to have bene fit to beare - armes, neither yet to gouerne a kingdome. A reason and colour for which the - fathers and favourits have oft time troubled the right of their children, to - set the crowne due unto the elder, vpon the head of the younger. As did Ptolomey the first of that name king of Aegypt, who - contrarie unto the law of nations (as saith - Iustin) preferred the younger brother unto the - kingdome before the elder, which was the cause that one of them slue the other. - In which errour Ptolomee surnamed Physcon offended also, who persuaded by his wife Cleopatra, preferred the younger brother before the elder: but was no - sooner dead, but that the people expulsed the younger, and restored the scepter - unto the elder. Anaxandrides also king of Lacedemonia, - preferred Dorieus before Cleomenes his elder brother, for that he was the more civill: and yet - the historie saith, that the people thereof grieuously complained, as of a - thing done contrarie to the law of nations. And albeit that king Pyrrhus said, That his will was, that he of his children - should succeed him, which had the sharpest sword; - meaning thereby the most valiantest of them: yet the people after his death preferred the eldest, although vnfittest for - warres. For whatsoeuer valour, courtesie, beautie, or wisdome there be in the - yonger more than in the elder; yet should not the father therefore, contrarie - unto the law of nations, preferre the younger before the elder: howbeit that - the exteriour forme and feature of the bodie hath deceiued many. Foolishly - therefore do those parents, which ouercome with the flatterie of their younger - 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 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, - which search into the natiuities of their - children, so to bestow the kingdome vpon him whom the starres seeme to favour - most: as did Alphonsus the 10, king of Castile, who by - this means would have preferred the yonger brother before the elder: who for - the disgrace so offered him, slue his yonger brother, and caused his said - 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, & - 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 - wife, had preferred - - Charles the Bauld, before Lothaire his elder brother. Wherefore pope Pius - the second did wisely, in reiecting the request of Charles the seuenth the French king, desirous to have preferred Charles his yonger sonne before Lewes the 11 his elder brother: howbeit that the king had reason so to - do, considering that Lewes had without any iust - occasion, twice taken vp armes against him, so to have taken from him the - crowne, and to have pluckt the scepter out of his hand.

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Now it is so farre from that the first begotten, or eldest sonne, should for - cowardise or want of courage, be imbarred to succeed unto the crowne, as that - if he be misse shapen and deformed also, yet ought not the prerogatiue he hath - unto the crowne by his birthright for that to be taken from him. Howbeit that - it much concerneth the Commonweale to have - kings that be not deformed. Wherunto Lycurgus and Plato, would great regard to be had, and especially Lycurgus, who willed the deformed children to be slaine. - But the - - Deut. 21. The elder brother euen by the law of God to - be preferred before the yonger. law of God hath decided this doubt, - commanding the yonger not to be preferred before the elder, for what loue or - favour soeuer. Which is not onely to take place when question is of the right - of the elder, but also when the next heire male of the fathers side is to - succeed unto the crowne, albeit that he bee deformed. For one ought not for one - inconuenience to break so good a law, or to open a gap so dangerous unto - 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 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, - sending him a great way off, to studie in Paris: causing him also afterwards to - enter into the orders of priesthood, & withall bestowing vpon him a - bishoprike, so to take from him all the hope for him to succeed unto the - crowne. For he was a man altogether deformed, goggle eyed, euill spoken, lame, - & crooked backed; & yet for all that Ladislaus - being dead, the estates of that kingdom draue out the yonger, refusing to have - 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, 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 - kingdom to hault. And howbeit that Lysander who had - preferred Agesilaus to the kingdome afterwards did what - he might to have abrogated the antient royall law, and to have published an - edict whereby the nearest of bloud should not have succeeded into the kingdome, - but that the most sufficient of the bloud royall should still be chosen; yet - was there none found of his opinion.Whether a kingdome ought - to descend unto the yonger sonne borne whilest his father was king: or to - the elder, borne before his father had obtained the kingdome. - -

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Some there bee which would adiudge kingdomes unto the yonger being borne kings - sons, their elder brethren being borne before that their fathers were king: as - was iudged for Xerxes, declared king against Artabazus his elder brother begot by Darius - - before the kingdom of Persia fell unto him: - which iudgement was yet grounded vpon equitie: For that the kingdome was but - lately fallen, not by any successiue right, but euen by lot or rather as it - 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 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 - kingdome; or else his yonger sonne which he had after that he was king? Howbeit - that I read in our histories him to have left - behind him none but his onely sonne Iohn. But this same - question might well have bin disputed in the time of king Charles the second, who before he was king had his sonne Lewes: who yet without any question obtained the - kingdome, although he had his brother Charles borne - whilest his father was king. For now question was of an antient kingdome - deuolued unto the next of name: wheras otherwise the yong sonne of a king - conquering a new kingdome should be preferred before his other brethren borne - before their father was a king. For as the children of base men are not - ennobled, being borne before their father was made noble; neither he to be - accounted a priests sonne, which was borne before his father was a priest: so - he also which is borne of a father before that he was king, not capable of the - kingdome by right of succession, cannot - pretend any right to the crowne, although he be the eldest or neerest of kin: - but if he be enabled to attaine thereunto by lawfull succession, the kingdome - of right belongeth unto him, how be it that hee were not the soone of a king. - As was observed in the kingdome of Persia whereinto Artaxerxes succeeded, although he was borne before his father was - king: as claiming the kingdome from his great grandfather. And albeit that his - mother Parysatis thrust all Asia into civill warre to - turne the estate unto her best beloued sonne the yong Cyrus, yet so it is that by the iudgement of God he was in battell by - his elder brother ouerthrowne and so slain. In like sort and vpon the same - doubt which happened about the succession of the kingdome of Hungarie, Geica the elder brother borne before his father had - obtained the kingdome, was by the consent of - all the estates proclaimed king: which neuer after was called in doubt, in what - kindome soeuer. Whereas otherwise there would ensue many intollerabe - absurdities: for if the king should leaue but one sonne borne before that he - was king, he could not succeed him. But yet whereas we have sayd, The - soueraigntie to be due to every one that is next of kinne; extendeth farre, not - onely unto them who the eldest being dead come in stead of the eldest, but unto - their infinit posteritie also. For so Demetrius reasoned - in the Senat at Rome, his brother Antiochus king of - Syria being dead: for as (sayd he) the right of nations hath before giuen the - kingdome unto mine elder brother, euen by the selfe same right ought I now to - succeed him in the same. - -

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But it may de doubted if the grandfather yet reigning, the eldest sonne shall - die leauingWhether the elder brothers son (his father being - dead before he was king) be to succeed into his - grandfathers kingdome before his vncle, his grandfathers yonger - sonne. a sonne, the grandfathers nephew; Whether the kingdome be due - unto the next brother or to the nephew, who is one degree farther off. Vpon - which question many have resolved it to be due unto the next brother. And - indeed Scipio Africanus willing as an vmpire to have - appeased the like controversie betwixt Corbis and Orsua the vnkle and the nephew, for the kingdome of - Numidia, and not knowing what in this point to resolue vpon, appointed the - kingdome to be tried by combat betwixt them two: they both of themselves - refusing to have any other god or man for iudge but Mars: In which combat Corbis being both the elder and the cunninger ouercame - his nephew, as Liuie writeth. Which like kind of combats - betwixt the vncle and the nephew - - - - Liuius li. 38. have ofted in antient time - 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 - to Lewes the Deuout the yonger brother of Pepin: howbeit that Lewes yet - caried it away, though not so much by right as by force of armes, and so - preuailing against Bernard kept himThe manner and order of the succession of the kingdome of Moscouie. - shut vp in perpetuall prison. And euen yet at this present the kingdome of - Moscouie is alwayes giuen unto the yonger brother, after the death of the - 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 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 - prince: alleaging that his father beeing by death preuented, he could not - succed Edward his grandfather in the kingdome: which yet - was but an vniust quarrell pickt. So in like case Robert - of Naples the yonger brother, by the sentence of the Pope and of the colledge - of cardinals, obtained the kingdome of Naples: the sonne of the elder brother - king of Hungarie being so excluded. An vsuall matter amongst the Vandals, as - Procopius writeth: for so Honorius got the kingdome of Gensericus his - grandfather, howbeit that Gerso his eldest sonne dying - had left sonnes; which he obtained not so much - by his grandfathers will, as by the antient law of almost all the Nomades and - Northren nations.

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And which I see to have bene common euen unto our ancestors also: for so Gontran preuailed against Childebert the eldest sonne of Sigisbert in the - obtaining of the kingdom of France. So Mauld ouercame - Robert her nephew, the son of Robert her elder brother, for the countie of Arthoise, the Senat of - France desciding the matter; and so obtained her fathers whole inheritance. Henry also sonne to Theobald earle - of Champaigne in like sute ouercome his eldest brothers sonne. But when Iohn Montfort in like sute for the dukedome of Britaine - was ouerthrown, by his aunt the daughter of Vide of - Britaine; what by right he could not, he by force obtained, not without a most - cruell and bloudie warre. And so (as we sayd) - Robert the sonne of Charles - the second, by the iudgement of the Pope obtained the kingdome of Naples, Charles his nephew the elder brothers sonne, king of - 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 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 - the Latins: For that Lauinia had Siluius - - by Aeneas but not Ascanius. But not fewer, yea and I know not whether moe - nephews to have obtained their grandfathers - kingdomes, their vncles yet liuing, according to the antient law of the - Lacedemonians. As for Lycurgus, he gaue unto Charilaus his eldest brothers sonne, his kingdome, which - he might easily have taken unto himselfe, the childs mother consenting - thereunto. Arcus also the elder brothers sonne, after - the death of his grandfather obtained the same kingdome, his vncle Acrotatus yet liuing. So also Iohn - the sonne of Ferdinand succeeded to Alphonsus his grandfather king of Portugall, Henry his vncle being yet alive. And not long after Sebastian the son of Iohn the eldest brother - tooke vpon him the kingdome of Emanuel his grandfather, - and not Henry his vncle, Lewes of - Niuers also after the death of his grandfather got the counties of the Low - countries his vncle yet liuing and looking on. But Robert the second, king of Naples - (whose father by the sentence of the Pope had ouercome his elder brothers - sonne) when question was betwixt the vncle and the nephew for the countie of S. - Seuerine, by the councell of the lawyers gaue sentence on the nephews side. The - like sentence was giuen by the iudges of the court of Paris betwixt the heires - of Iohn Vaste the sonne of the earle of Foix, and the - heire of Francis Phebe, who being the sonne of the elder - brother had got his grandfathers inheritance, his vncle yet liuing. So also was - it iudged for the dukedome of Britaine against Iohn - 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 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.

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Neither want there probable reasons on both sides. For the nephew it - auailethReasons for the succession of the nephew before - his vncle. that his father being dead he falleth into the power of - his grandfather, & so is made his heire by the law of the twelue tables: - and together with his vncles is admitted into his portion of his grandfathers - inheritance, he dying intestat. And if the father substitute an heire unto his - sonne, that substitution ceaseth if the sonne beget children, onely vpon the - coniecture of the fathers kind affection towards his sonne, as Papinian the lawyer hath answered. Yea, by the Roman - lawes, brothers sonnes are admitted unto their - vncles inheritance: but then how much more true and iust is it for them to bee - admitted unto the inheritance of their grandfathers? That is also moreouer, - that by the antient customes of Fees the nephew may by right receiue the whole - 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 under a condition - conceiued.

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Neither yet for all this is the vncles cause on the other side altogether - without reason,Reasons for the succession of the vncle - before his nephew. if a man will but more neerly looke into these - matters, and without guile interpret the law of the twelue tables. For why this - law still admitteth the nearest of kinne unto - the inheritance: but now the sonne is nearer unto the father than the nephew, - who but by a false supposall and fiction is deemed to be the same person with - his dead father. But admitting that a faigned supposall is in some cases to bee - borne withall: yet seemeth it not reason that such a false fiction should - preuaile against the truth, especially unto another mans harme or preiudice of - his right. Neither doth the kindnesse of nature suffer the sonnes to be spoyled - of their fathers wealth and goods, that all might be giuen unto the nephew, who - is farthest off from the grandfather: which must needs be not onely in the - obtaining of a kingdome, but also of a dukedome, or of an earledome, or of an indiuisible fee, by reason of that imaginarie - fiction whereof wee have spoken, the nephew to - be supposed to represent the person of his dead father. And so farre it was - from that the Roman lawes should suffer the sonnes to be disturbed by the - nephewes, as that things committed euen but vpon trust come not unto the - nephewes before that all the sonnes one of them substituted unto another, be - 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 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 - time debarred of his fathers kingdome. For - which reason the lawyers have giuen the tuition of the fathers enfranchised - slaue unto the vncle, the nephew being excluded: but by how much more then is - the tuition of the kingdome to be committed unto the vncle, rather than unto - the nephew? And last of all so it is, that vncles unto whom the tuition of - their yong royall nephewes is almost still committed, commonly thinke of - nothing else, but of the murthering and killing of them: whereof innumerable - examples (and yet not all) are in histories reported, all which if I should goe - about to gather together, I should so become tedious. Besides that, it is in - sacred writ set downe, - - Esay. 3. - - That Commonweale to be miserable and vnfortunat, where - children beare rule. - -

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Howbeit that the old receiued custome of our auncestours, and iudgements in - this case often giuen, have called me backe - from this opinion. For those inconueniences which we have spoken of, happen but - seldome: which being such, the lawmakers are not greatly to respect. For if we - 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 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 - in oblique, and collaterall succession also. Which we have somewhat the more curiously reasoned of, for that succession of - the kingdome of Fraunce, which seemeth to be euen neere at hand. But if cosin - Germans, or the vncle and the nephew, shall in the right of themselves without - any fained supposall of representation, lay claime unto the crowne of a king - their kinsman, dead without heires male, be it that they were fiftie degrees - off, yet he that is descended of the elder, albeit that hee were himselfe the - younger, shall carry it away from the elder: as it may and hath oftentimes enow - happened in this realme. And yet neuerthelesse in particular successions in - collaterall lines, they shall equally diuide the diuisible inheritance into - parts: but if the inheritance be indiuisible, the elder of the two in like - degree is to bee preferred before the younger, and to enioy the right of his - eldership, albeit that the younger bee descended from the more auntient auncestors: as was adiudged in the court of Paris, - betwixt Villiers, and Baynecourt, - cosens germans, for the inheritance of Francis Bloqui, - without any regard unto the race of the elder auncestours, considering that - they came unto the succession of their chiefe ot head, and not by false - supposall, or by the way of representation.

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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 divided, it is no more to be - accounted - - 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 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 - 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 - was wisely prouided by the successors of Hugh Capet, who - ordained three kings of great consequence for the maintaining of this Monarchy - in the greatnesse thereof. First they excluded the bastards of the house - ofThree things of great consequēce ordained for the - maintainance of the kingdome of France in the greatnesse therof. - Fraunce, from all entrance unto the kingdome, not allowing them so much as to - be accounted in the number of their naturall children: that so from thenceforth - they might thinke of the begetting of lawfull children, their base borne - children being now quite excluded from the crowne. Howbeit that it was - permitted unto the bastards of other princes of the blood, and of other noble - houses, to be by their fathers auouched, and to beare the name, the armes, the - stile and noble titles of their naturall fathers: prouiding also better, by - taking away of the masters of the palace, whose power was now become dreadfull unto the people, and daungerous unto the - kings. Secondarily they ordained all the soueraigne royall rights, to be wholly - and entirely giuen to the eldest brother alone, and from thenceforth not to be - communicated with the younger brethren, but to be all enforced to yeeld unto - their elder brother all obedience and fealtie. And lastly, that such lands as - by the kings appointment were assigned unto the kings sonnes, to be holden in - fealtie, they dying without heires male, should againe freely returne unto the - crowne. And the kings sisters to have their dowrie in money onely: that so not - onely the rights of soueraigntie, but euen the crowne lands also, might so much - as possible was be kept whole & entire unto the eldest brother. And as for - the bastards of France, we find them in former - times to have had their parts in the kingdome together with the kings other - lawfull sonnes: as the bastard brother of Charles the - Simple, had part in the kingdome, and so after the manner of our auncestors was - called a king. True it is, that Theodoric the kings - bastard was excluded, for that he was begot of a bondwoman, who yet - neuerthelesse demaunded his part of the kingdome, unto whome for all that - aunswere was giuen, That he must first be made a free man.

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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 divided their most great and spatious kingdomes: neither - yet any other kings to have used 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 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 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 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 - 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 - conquered them, who may giue his conquests got by his owne prowesse and valour, - unto his yonger sonnes, as he seeth good, according to their age or deserts: - leauing yet still unto the eldest, the auntient kingdome or territorie: as did - William the Conquerour, who left the dukedome of - Normandie, and the other countries which he had from his father, unto his - eldest sonne Robert Curteyse, who succeeded him not in - the kingdome of England, for that he was not the sonne of a king (as saith the - Norman historie) but left that kingdome which he had conquered unto William Rufus, which hee had not as yet vnited unto his - other countries: leauing unto Henrie his third sonne - nothing but a yerely pension: and yet for all - that Robert the eldest brother, desirous also to have - had the kingdome from Henry the third brother, who after - the death of William Rufus his brother, had ceised - 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 divided 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 - soueraigne rights thereof unto one alone: as was done amongst the children of - 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 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: - which recompensing is not in a Monarchy, which suffereth neither diuision nor - estimation to take place. But well of long time the vse hath bene, to giue - certaine landsHow the kings younger sonnes are prouided for - in Fraunce. and fees for the maintainance of the younger brethren of - the house of Fraunce: which have bene again adiudged unto the crowne, they - which had them being dead without issue: as was decided for the inheritance of - Robert earle of Cleremont brother to saint - - Lewes, unto whome that inheritance was adiudged: his - other brethren Charles and Alphonsus earle of Poitiers both excluded. The like iudgement being - also giuen against Charles, concerning the succession - into the inheritance of Alphonsus, dying also without - issue: Charles his brother enioying no part thereof, the - inheritance by a decree of the Senat, being adiudged from him, and giuen unto - the crowne. For which cause the succeeding kings better aduised, and to the - intent that the matter should bee no more doubted of, have prouided, that in - the letters patents concerning the lands and pensions giuen unto their younger - brethren, it should expresly be comprised, that they dying without heires male, those lands unto them so giuen should - againe returne unto the crowne: as was done in - the graunt of the lands giuen to Lewes duke of Aniou, - king Iohn his sonne. And albeit that Renate the yonger sonne of Lewes the third, - duke of Aniou, succeeded his elder brother into the inheritance, yet was it - rather by sufferance, than for any right he had so to doe as heire male. For - otherwise the earle of Niuers after the death of Charles - duke of Bourgundie (his nie kinsman dead without any heires male) might iustly - have claimed the dutchie, considering that in the letters patents of Philip the Hardy, the dukedome of Bourgundie was giuen - unto him and to his children, as well females as males, without any exception - of sexe. Yet pretended the earle no right thereunto, but the duke being dead, - king Lewes the eleuenth in his owne right claimed the - dukedome of Bourgundie. True it is, that the French kings in that point sometime favour the princes of the blood, - suffering them to enioy the inheritance of their kinsmen, dying without heires - male. So Philip of Valois obtaining the kingdome, - 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 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 - of Burbon the onely daughter of Peter of Burbon, - marrying Charles of Burbon, should hold such lands, long - before giuen to the crowne: but the said Susan beeing - dead without issue, those lands were forthwith ceized vpon, and againe annexed - unto the crowne, namely the counties of Auergne, and Clermont, and the dukedome - of Burbon, howbeit that it was not in the letters patents comprised: which - thing is thought especially to have moued Charles of - Burbon to have entred into rebellion against the king. So also we find, that - after the death of Iohn the third, duke of Alanson, the - dutchy of Alanson was at the motion of the kings Attourney generall ceized vpon - 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 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 - land▪ by thei auncestors descending unto them, - which lands sometime belonged unto the crowne of Fraunce. and Cleue, - which indiuisibly belong unto the next of kin. And albeit that the German - princes do equally diuide all the fees of the empire, excepting the princes - electors, yet is that contrarie unto the custome and manner of their - auncestours (who as Tacitus writeth) gaue all their - lands and inheritances unto the eldest, and their mouables & money onely - unto the rest. And so we read Abraham the Patriarch to - have done, giuing his whole inheritance unto his eldest sonne, and money unto - the rest, whome hee sent from him whilest he - himselfe yet lived.

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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 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 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 - riuers so broad, nor seas so deepe, that were euer yet able to stay the course of their ambitious and insatiable desires: - as these three great men of whom I but euen now spoke, by proofe shewed: not - onely the island of Sicilia (although it were but a most strait prouince) but - euen the ayre which we breath, together with life it selfe, being taken from - Sextus Pompeius, the bonds of confederacie being in - short time broken amongst the consederats. Neither could Antonius endure the gouernment of Augustus, - neither Augustus the gouernment of Anthonie, although he were a great way off from him▪ So that one of - the three being before slaine, the other two could neuer be at quiet, vntill - they had one of them quite ruinated the other. And if at any time it have - happened, some of the emperours of the East, and of the West, in so great an - empire to have lived in peace, it was not long, but almost a miracle, neither - such as to be drawne into examples for vs to - imitate: whereas to the contrarie for one example of them, which have in vnitie - and concord gouerned together, there are to be found an hundred which have - massacred one another. Whereof there is no more notable example, than the - mightie Othoman familie, wherein many most horrible - murders have bene for the empire committed, the parents not sparing their owne - children, neither the children their parents: insomuch that within this two - hundred yeares past, they have not ceased still to kill one another, vntill - there be but one of them left alive. And in theSoueraigntie - admitteth no partnership. little isle of Gerbe, six kings have in - lesse time than fifteene yeares beene slaine one of them by another, being not - 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, 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 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 - he might all alone raigne. And Berdeboc king of Tartarie - with like slaughter, and for like cause, slue his twelue brethren. Sephadin also caused the ten sonnes of his brother Saladin to be all murthered, that he might himselfe - alone raigne in Aegypt. The successors of - Alexander also most part of them slue one another, - not sparing either their parents, or children. For as for one brother to kill - another, it was so common a matter (as Plutarch writeth) - as that it seemed almost a miracle unto the ambassadour of Ptolomey, that Demetrius standing on the right - hand of Antigonus his father, with a boare speare in his - hand, could abstaine from killing of his father. But yet greater was the - crueltie of king Deiotarus, who at one time slew twelue - of his sonnes, for no other cause, but so the better to assure his kingdome - unto the thirteenth, whome he best loued▪ For alwayes amongst equals, the - ambitious desires they have to be one of them greater than another, still - armeth them one against another: Wheras in a Monarchy, where there is but one - soueraigne, and unto whom the princes of the - blood are all subiect, being prouided of yearely pensions, or lands giuen them - for their maintenance; it is certaine, that to have alwaies some farther favour - from their soueraigne, they will still yeeld them more obeysance. And therefore - our kings whichPlaces of too much power and command, not to - be committed unto princes of the blood, or otherwise great lords. - have bene better aduised, have not giuen unto their brethren, or the princes of - 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 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 - frontiers, and especially of Aegypt, unto any the noble Senators of auntient - houses, but onely unto men of meaner estate. And albeit that the kings of the - Northerne parts have as it were alwaies called the princes of their blood unto - their councell; yet so it is, that other Monarches keepe them backe so much as - they can: whether it be for the distrust they have in them, or to keepe their - councell in such libertie, as that it may not be diminished by the greatnesse - of the princes of the blood: or that it is to take away the ambition and - iealousie which is ineuitable amongst princes of the same blood, if the king - shall chance to fauor one of them more than another. And although there be many - princes neere unto the - - Othoman blood, as namely the Michaloglies, the Ebranes, the Turacanes; yet - are they neuer of the priuie councel, either yet admitted to any great place of - honor, or command. And in the Monarchy of the Aethiopians (which is one of the - greatest, and most auntientestA right strange custome used - among the Aethiopians. in the world) there is no prince of the blood, - which commeth neere the court, but are all trained vp in all honour and vertue, - within a most strong castle, built vppon the mountaine Anga (one of the highest - in all Affrike) kept with a perpetuall & strong garrison: from whence at - such time as the king dieth, he which excelleth the rest in vertue, is from the - mountaine called unto the kingdome. Which (as they say) was first ordained by - one Abraham king of Aethiopia, by diuine reuelation, to - auoid the factions and civill warres of - princes among themselves; as also the massacres which oft times happen in other - kingdomes, about the soueraigntie; as also to have alwaies princes of the blood - roiall, whome they call The Children of Israel - (assuredly supposing them to be of the blood of the Hebrewes: beside that, the - Aethiopian language taketh much of the Hebrew) to the intent the estate should - not fall into combustion, the kings line fayling: or els for that the princes - of the blood should not at libertie seeke to aduance themselves by force: or - being aduanced, should not seeke to inuade the estate. For aMaster of the forces, master of the estate. man may hold it for a - maxime, That in every Commonweale, if too much power be giuen unto a prince or - great lord of the blood, it is alwayes to be feared, least he should at one - time or other ceize vpon the estate; seeing that euen the basest companions - mounted unto hie degree, are not without - cause to be feared. So Sultan Solyman made Abraham Bassa of a slaue so great, by heaping honors vpon - honours vpon him, as that in fine fearing his power, he was glad to cause his - 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 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: - - and an infinit number of others, who exalted - from most base degree, have driuen out their maisters by whome they grew, and - so made themselves lords. Who would have thought that Agathocles a Potters sonne, of a common souldior chosen a Generall, - durst have slaine all the nobilitie and richer sort of the citisens of - Syracusa, & made himselfe a king? Now if such a base companion as he durst - doe so much, how much more warily is it then to be foreseene, that too great a - commaund or power bee not giuen unto princes or great men, either at home, or - in seruice abroad? And this is it for which many have holden, that by law the - poynts reserued unto the maiestie of a soueraigne prince, are neuer to bee - communicated unto a subiect, no not so much as by - commission, to the intent that no gap by any way be opened for the subiect to - enter by into the soueraigne estate of his - prince.

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We have said also, that a Monarchy ought to descend unto the heires male, - consideringThat a Monarchy, in the opinion of the author - ought to descend onely unto the heires male. that the rule and - gouernment of women, is directly against the law of nature, which hath giuen - unto men wisedome, strength, courage, and power▪ to commaund; and taken the - same from women. Yea the - - Genes. 3. law of God hath expresly ordained, - That the woman should be subiect unto the man, and that not onely in the - gouernment of kingdomes and empires, but also in every particular mans house - & familie: he - - Esay. 8. threatning of his enemies, To giue - them women to be mistresses ouer them; as of all miseries and calamities the - worst. Yea and the law it selfe forbiddeth women all charges and offices proper - unto men; as to iudge, to sue, and other such like things: and that not - onely for lacke of wisedome (as saith Martian, when as amongst all the goddesses onely Pallas had no mother, but was borne of Iupiters braine, to shew that wisdom proceeded not from women) but - also for that mens actions are contrarie unto their sexe, and to feminine - modestie and chastitie. Neither was there any thing which more incensed the - Senat of Rome, against the emperour Heliogabalus, than - to see his mother to come into the Senat, though she came but only to see, - & not to say any thing. Which was also thought a right strange thing to our - auncestors, that Maud, grandmother toThis French opi nion is by the examples of many worthy women, and - experience of their most happy gouernments so fully refelled, as that there - needeth no further reasons to be used, to proue the contrary. - - Philip the Long, should be assistant unto Robert Contie of Artoise, and Margret Countie of Flanders, at the iudgement of the Countie of - Clairmont. Now if it be an absurd and rediculous thing, for women to busie - themselves in mens publike actions and - affaires, belonging properly unto men: much more vnseemely is it, those things - which belong unto soueraigntie, to lie open unto womens pleasure. For first the - woman unto whome the soueraigntie is deuolued, of these two things must doe - one; either shee must marrie, or else continue vnmarried, and so her selfe - rule. If shee shall marrie, yet is it stil a Gynecocratie, or womans - gouernment; for that the marriage is made with that condition, That the - soueraigntie is still with the woman, and not with the husband: as was expresly - excepted at such time as Isabella queene of Castile - marde Ferdinand king of Arrogon: and in our time, - betwixt Mary queene of England, and Philip prince of Spaine, whome they called the queenes husband. And in - like case in the matrimoniall contracts betwixt Sigismund archduke of Austria (who was afterward emperour) and - - - Mary queene of Hungarie, whome the subiects in scorne - called King Marie. In which case the husband is chiefe - of his familie, and maister of his domesticall houshold; and yet for all that - in publike affaires remaineth subiect unto his wife. For why, the publike power - (as saith the law) is neuer bound unto the domesticall power. And for this - cause the Consull Fabius caused his father (the great - Fabius) to alight from his horse to doe him honour, - as to the Consull in publike: who yet for all that by vertue of his fatherly - power, might without giuing cause or reason why, have put him to death at home - in his owne house. But if the queene shall remaine vnmarried (which is the most - true womansAll these dangers with many mo incident unto - womens soueraigntie, are and have bene right well auoided and preuented, by - the wisedom of worthy women, who with no lesse discretion▪ than many men, - have maintained the maiestie of their soueraigntie, with the reputation of - their sexe. soueraigntie) the Commonweale must needs so be in great - daunger: For that the people being of a great and couragious spirit, will deeme - a womans gouernment but ignominious, and not - long to be endured; some both by their speaking & writing, scoffing and - deriding their sexe, othersome their womanly wantonnesse, and others their - 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 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 - to bee thereof revenged, which can hardly without civill tumult bee - done. But if she shall chance to beare but - the least extraordinarie fauor to any one of her subiects, beside the enuie - which he is to endure, to whome such favour is showne, men will still on her - part misconster the same. For if the wisest, and most chast have euen in that - respect had much adoe to keepe themselves from false reports, much lesse can a - soueraigne princesse couer her favours; no more than can a light firebrand set - vpon an high watch tower: which may serue for cause enough to kindle the fire - of iealousie among the subiects, and to arme them one of them against another▪ - Besides that, it is almost naturall unto women, to take pleasure & delight - in the number and quarrels of their suters. But if the subiects be so minded, - as by force or otherwise to suffer in the soueraigne estate a womans - gouernment, then is it not to be doubted, but that euerie one of the subiects shall be constrained to endure the like in - their owne priuat houses also. For itWhat▪ so is good in - publike, is alwayes good in particular. is a rule in policie, that - whatsoeuer thing is found good, and sufferable in publike, the same is to be - drawne into consequence and example in particular. Which was the cause the - Persian princes preferred a request unto Darius Memnon - (whome the holy Scripture calleth Assuerus) That the - disobedience of the queene Vasthi his wife, should not - remaine vnpunished, least her pride should giue occasion unto the other - subiects wiues to he disobedient unto their husbands. For as the familie is out - of order, where the woman commaundeth ouer the husband, considering that the - head of the familie hath lost his dignitie to become a slaue: euen so a - Commonweale (to speake properly) looseth the name, where a woman holdeth the - soueraigntie, how wise soeuer shee - - The euill examples of some few ought not to bee preiudiciall - unto others that be good. be; but so much the more if she be vniust - withall, and not able to rule her owne immoderat lusts and desires. I suppose - there is none which knoweth not what tragedies Ione - 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 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 - of the blood (excepting one which escaped) - and so by force held the soueraigntie, vntil that she was at last by the people - her selfe also murthered. With like wickednesse also Cleopatra flue her brother, that so she might alone enioy the kingdom - of Aegypt. There was also one Zenobia, who stiled her - selfe an empresse (together with the thirtie▪ vsurping tyrants) and was by the - emperour Aurelian ouercome. And in like case did Hirene empresse of Constantinople, coupt vp at last into - a monasterie her selfe. In briefe I find no people to have liked of the - soueraigntie of womans gouernment: howbeit that many have endured the same: as - did the Neapolitans the gouernment of Constance, last of - the race of the Norman kings, that raigned in Naples. And after that of Ioland the daughter of Iohn - Brenne, married to the emperor Frederike the - 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 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, - and all for distaffe soueraigntie; it was by them decreed, That from that time - forward, the kingdome of Naples should no more descend unto women; as in the inuestitute made to Alphonsus - king of Arragon, in the yeare 1455, and - afterward to Ferdinand king of Arragon, in the yeare - 1458, it is expresly set downe, That the daughters should not succeed unto the - kingdome of Naples, so long as there were any heires male, either in the direct - or collaterall line, euen unto the fift degree. But that gap for the succession - of daughters being opened in Italie, was afterwards also put in practise in the - kingdomes of Hungarie, and of Polonia, which fell to Marie andThe kingdoms of Hungarie, Polonia, Sweden, - Norway, & Denmarke, Castile, Arragon, Nauatie, and England, to have - fallen into Gynecocraty, or womens soueraigntie. - - Hedwige, the daughters and heires of Lewes king of Hungarie, and of Polonia; which had neuer before bene - seene. At which selfe same time almost, Mary Volmar - (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, 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 - to have endured a womans gouernment. And whereas she alleaged Socina the daughter of Alphonsus, to have - before in like manner brought the kingdome of Castile unto Sillon her husband: aunswere was thereunto made by the subiects, That - 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 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 undertake to - lay claime unto the same, howbeit that he had the consent of the nobilitie of - 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, 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 - Philip the Faire the French king, brought unto him - the carledome of Champaigne, with the kingdome of Nauarre: but the heires male - of Philip the Faire failing, that kingdome of Nauarre in - the right of three women fell unto the houses of Eureux, - of Foix, of Albert, and of Vendosme: so that this kingdome in lesse than foure - hundred yeares, was transported into six strange houses, and unto seuen - straunge princes, the queenes husbands. But yet by the way it is worth the - noting, foure women all of one name to have opened the way unto womens - soueraigntie, in the kingdomes of Hungatie, of Norway, of Sweden, of Denmarke, - of England, and Scotland. True it is, that Maud daughter - to Henry the first, king of England, before brought the - kingdome of England unto the house of Aniou in - Fraunce: but that was after the death of But what - troubles ensued vpon this intrusion of Stephen, and the wrongfull excluding - of Maud, the Croni les will declare. - - Stephen earle of Bolloine nephew o Henry, in the right of his sister Adela; in - such sort, as that a cosin descended of a daughter was preferred before the - kings own daughter: which daughters sonne yet succeeded king Stephen, in such sort as that no womans gouernment seemed at all to - have bene. For which reason Edward the the third, king - of England, vpon the difference which he had for the crowne of Fraunce, - alleaged the kingdome of Fraunce by the right meaning of the law Salique, to - belong unto him: saying, That law to stand in force and take place, when the - next heire male descended of the daughter (as was he - frō Isabel sister to Charls the - Faire) was preferred before him, who was - descended of the heirs male farther off. Which exposition for all that was - reiected by the councell of France, as neuer to take place, but when heirs male - of the same name and stocke, in what line and degree soeuer it were vtterly - failed: & that the kingdome were in daunger to fall into election. And so - albeit that the emperour Charles the fift marrying of - his sister unto Christiern king of Denmarke, and caused - this clause to be inserted into the matrimoniall contracts: That the males - fayling, the eldest daughter issuing of that marriage, should succeed unto the - kingdome: yet so it was neuerthelesse, that the estates of that countrey had - thereof no regard, for that the kingdome went by election: yea so farre off was - it, that such the kings priuat agreement could take from the nobilitie of - Denmarke, the power to chuse their kings: or yet neuer any one of the - same kings three daughters to raigne ouer - them: as that the said king himselfe was by the estates thrust out of his - kingdome banished, and so afterwards also miserably died in prison. The - Polonians also after the death of Sigismundus Augustus, - excluded not only the kings sister, but euen his nephew the king of Sweden his - sonne also, who gaue a million of gold unto the Commonweale, to have his sonne - afterward chosen: how beit that their predecessours had before receiued Hedwig the daughter of Lewes: and - that when as there was no heire male, neither in the direct nor collaterall - line of the house of Iagellon, they neuerthelesse made - choyce of Henrie of Fraunce.

- -

Now if the princesse the inheritrix shall marrie (which is necessarie, so to - have an - - The inconueniences by the author supposed to ensue of a - Gynecocratie, or womens soueraigntie. assured successour) her husband - must either be a straunger, or a subiect: if a straunger, hee will instruct the - people in straunge lawes, in straunge religion, in straunge manners and - fashions: yea and giue the honourable places and commaunds unto straungers - also. But as for a subiect, the princesse would thinke her selfe much - dishonoured, to marrie her seruant, seeing that soueraigne princes still make - great difficultie to marrie a subiect. Ioyne hereunto also the iealousie that - is to be feared, if shee shall marrie him whome she best loueth, reiecting the - more noble and greater lords, who alwaies contemne them which are of base - degree.

- -

And not to speake of many difficulties which fell out about these matters, euen - the verie same, yea and greater too, presented themselves at the treatie of the - marriage agreed vpon betwixt Philip prince of Castile, and Mary queene of - England: wherein the first article contained, That no straunger being not a - naturall English man borne, should bee preferred to any office, benefice, or - 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 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, - absolutely; without that her husband should by the courtesie of England - pretend any thing unto the crowne and - soueraigntie of the realme, or other right whatsoeuer: and that the letters and - mandates should be of none effect, if they were not signed by the queene, - whatsoeuer signe or consent they had of her husband: and yet without which the - consent of the queene should suffice. I have also learned by the letters of Nouaile ambassadour of Fraunce, who then was in England, - that it was also decreed, That no Spaniard should have the keeping of any - fortresses or strong holds belonging unto the Crowne of England, either on this - side, or beyond the sea: neither that the Englishmen should by the Spaniards be - constrained to goe unto the wars out of the realme.

- -

- - And albeit that a most gallant & mightie prince - flourishing with kingdoms, wealth, youth, and - friends, had married an old woman (for why, he seemed not to have married a - wife) and such an one as by whome he was not to hope for any issue, yet could - not the Englishmen patiently endure the Spaniards to set any foot into England, - with whome for all that they had neuer before had any hostilitie, but had - alwayes bene great friends. Yea the emperour Charles the - fift on the other side wisely foreseeing all things, and fearing least some - treason might be wrought against the prince his onely sonne, whome alone he had - begot unto the hope of so great an empire, required to have fiftie young noble - English gentlemen delivered unto him to be kept as hostages, so long as his - sonne Philip was in England: howbeit that as such - distrust drew after it the hatred of the English nation, so was also that - article taken away, and nothing thereof obtained. But the marriage made, shortly after aboue 18 hundred English men, for - 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 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 - taken unto themselves the soueraigntie, had not the death of the queene (very - profitable for the kingdome) giuen an end unto the designes both of the one and - of the others. - -

- -

For neuer strange prince can be assured of his life, commaunding in a strange - countrey,The gree daungers - strange prin ces commanding in a straunge countrey, are still exposed - unto. if he have not strong guards, for the assurance of his person, - and sure garrisons for the keeping of his castles and strong holds. For being - maister of the forts, hee must needs be also maister of the estate: for the - more assurance whereof hee must alwayes aduance straungers; a thing - intollerable to every nation in the world. Whereof wee have a million of - examples, out of which we will remember but one of our own: what time king William raigned in Sicilie, in the yeare 1168, the people - of the kingdome of Naples were so incensed to see a French man promoted to the - honour of the Chauncellourship amongst them, as that they conspired at once to - kill all the Frenchmen that then were in the kingdomes of Naples and Sicilie, - as indeed they did. But if the domesticall - seruant of a straunge prince, shall chaunce to kill a naturall subiect in a - strangeSmall occasions serue to stirre vp the natural - people of any countrey against strangers dwelling amongst them. - countrey, or passe himselfe in any insolence, dannger by and by hangeth ouer - all the straungers heads, the least quarrell that may be seruing to cut the - strangers throats, if they be not all the stronger. As it happened in Polonia - during the raigne of the daughter of Cazimire the Great, - king of Polonia, and wife to Lewes king of Hungarie, - chosen also king of Polonia, to the great contentment of all the estates of - that realme: and yet neuerthelesse for one Polonian slaine by an Hungarian - gentleman, all the people of Cracouia ranne vpon the Hungarians, and in that - hurle slue them all, except such as by chaunce saued themselves in the castle, - who yet were there besieged together with the queene: neither was there any - meanes to appease the peoples rage, but that the queene the inheritrixe and mistresse of Polonia, must with all the - Hungarians her followers void the realme. But yet greater butcherie was there - made of them of Austria, in Hungarie, when Mary the - eldest daughter of Lewes king of Hungarie, had married - Sigismund archduke of Austria, who going about to - take vpon him the gouernment, was by his wiues mother (a most ambitious woman) - driuen out of the kingdom: who not able to endure to see him raigne▪, to be - sure to shut him quite out, was about by her ambassadours to have called in Charles the French king, and so to have put the kingdome - into the power of the French. Which the Hungarians perceiuing, sent for - - Charles the king of Naples, and vncle to Mary, Sigismund his wife, to take vppon him the gouernment of the kingdome of Hungarie: who was no - sooner come, but that he was by the practise and commaund of the cruell queene - Mother (whome hee least feared) slaine: which murder was with like crueltie - also revenged, shee her selfe being by like treason by the gouernour of Croatia - slaine, and her bodie throwne into the riuer. After whose death Sigismund returning with a strong armie, put himselfe in - full possession of the kingdome, wherof he now disposed at his pleasure, and - filled all places with the slaughter of them which were of the faction against - him. But let vs come to our owne domesticall examples, and unto those wounds - which but lately receeiued, bleed with the least touching, neither can but with - 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 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 - examples of the Scots yet fresh in memorie, who for the space of seuen hundred - yeares, had with the straitest alliance that might be, bene allied unto the - house of Fraunce, and from thence receiued all the fauors that it was possible - for them to hope for: yet when Mary queene of Scots had - married Frances the Dalphin of France, and that the - Frenchmen went about to dominier ouer the Scots, they forthwith chose rather - to cast themselves into the lap of the - English, and so to put themselves into the protection of them with whome they - had not before so well agreed, than to endure to see the Frenchmen to commaund - in their countrey: neither ceased they vntill that by the helpe and power of - the English, they had driuen the Frenchmen againe quite out of Scotland. - Neither are strange princes to hope, by reason to rule the desires of - soueraigne princesses their wiues: from whom if they will seeke to be diuorsed, - they must also banish themselves. For what prince euer bare himselfe more - modestly, than did the wise emperour Marcus Aurelius? - And yet when he with too much patience bare with the wantonnesse of his wife - Faustine (as some of his friends thought) who for her - too dissolute life ▪would have persuaded him to have bene diuorced from her; - Then must we (said he) againe unto her restore - her dowrie: which was euen the Roman empire, howbeit that he had the empire in - the right of himselfe also, by the adoption of Antoninus - Pius the father of Faustine. - -

- -

And yet there is another daunger also, if the princesse heire unto a soueraigne - estateNeighbor princes iealous of the marriage o a soueraign princesse their neighbour. be - disposed to marry a straunger; which is, that the neighbour princes and people - also, as wooers, enter into diuers iealous conceits one of them against - 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 having 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 - seeing no other remedie, but to fall into his hands, for despight drowned her - selfe, chusing rather to loose her life, than by force to loose her chastitie. - Neither are queenes marriages so easily made as are kings: for why, kings are - oftentimes deceiued with painted tables, and counterfeits, marrying them by - their deputies whom they neuer saw: whereas queenes will most commonly see the - men themselves alive, talke with them, and make good proofe of them: yea and - oftentimes refuse them alsoWomen commonly more curious in - choice of their husbands, than are men in choyce of their wiues. - after that they have seene them. For neither would Isabel queene of Castile, marrie Ferdinand - before she had seene him: neither could Elisabeth queene - of England be by any man persuaded to promise marriage unto any man, but unto - himselfe present. And so it was aunswered unto Henry king of Sweden, seeking the long ambassage of Iohn his brother, who - now raigneth, to have married her: aunswer (I say) was made, That of al the - princes in the world, there was none unto whome (next unto almightie God) shee - was more in kindnesse beholden, than unto the king of Sweden, for that hee - alone had requested to have had her for his wife, whilest she was yet a - prisoner, and so out of prison to have brought her unto a kingdome: - neuerthelesse to have so resolved and set downe with her selfe, neuer to marry - any man whom she had not before seene. Which aunswere made also unto the - archduke of Austria, suing unto her for marriage, in part brake off the hope - which both of them had conceiued of marriage, both of them fearing in presence - to suffer the disgrace of a deniall; and especially he, least he should be - enforced with shame to returne home. As afterwards it happened unto Francis duke of Alanson, - seeking to have aspired unto the same marriage, who although hee had twice - passed ouer into England, and thought the queene by long and honourable - ambassages, as it were affianced unto him, yet returned hee, fed vp but with a - vaine hope, and the matter left vndone.

- -

Now if the law of nature be violated in the soueraigne gouernment of women, yet - much more is the civill law, and the law of nations thereby broken, which will - that the wife follow her husband, albeit that he have neither fire, nor - dwelling place. Wherein all the lawyers and diuines in one agree; and that she - ought to reuerence her husband: as also that the fruits of the wiues dowrie, - yea euen of all the wiues goods, belong unto her husband; not onely such as - arise of the lands themselves, but euen such as fall unto her by escheat, or confiscation of the goods of the - condemned; howbeit that such goods be a thousand times better, or more worthy, - than the wiues fee brought in dowrie unto her husband: yet neuerthelesse do all - such things in proprietie belong unto the husband, what lordship soeuer that it - be, which is so fallen by escheat or confiscation: as also all fruits of - dowrie▪ and the rights of patronage depending of the wiues dowrie: which we see - to have bene used not of priuat men onely, but euen of kings also: as if a - straunger shall marrie a queene, the profits of the kingdome shall belong unto - the husband, although the soueraigntie, and kingdome it selfe belong still unto - the wife. For so the interpretors of the law decide it, and that by the example - of Isabella and Socina. Moreouer - it is holden in law, That the wiues vassall ought to succour the husband before - the wife, in case they be both of them in - like daunger: all which is directly contrarie to such conditions, and lawes, as - princes straungers are enforced to receiue from their wiues, being princesses - inheritors. Besides that, honor, dignitie, & nobilitie, dependeth wholly of - men, and so of the husband, and not of the wife: which is so true by the - receiued customes and laws of all people: as that noble women which marrie base - husbands in so doing loose their former nobilitie: neither can their children - chalenge unto themselves any nobilitie by the mothers side: which Ancaran the lawyer saith to take place euen in queenes - which marrie base men, no princes: of which opinion the rest of the lawyers are - also.

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All these absurdities and inconueniences follow womens soueraigntie in - gouernment, - - The beginning of womens soueraigntie. which thereof - tooke beginning: for that they which had no male children, had rather their - daughters should succeed in their lands and fee, than such as were not of their - stocke and house, and especially the heires male failing, both in the direct - & 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 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 - either in the direct or collaterall line, - except it were so expresly set downe in the inuestiture of the fee. But the law - Salique cutteth the matter short, and expresly forbiddeth, That the woman - should by any meanes succeed into any fee, of what nature or condition soeuer - it were: which is no late, new, or fained law, as many suppose, but written and - enrolled in the most auntient lawes of the Saliens, the words of which law are - these, De terra vero Salica nullo portio haereditatis mulieri - veniat: sed ad virilem sexum tota terrae haereditas perueniat: In - English thus▪ But of the land Salique no portion of the inheritance shall come - unto a woman: but all the inheritance of that land shall come unto the male - sexe. And so also in the edict or decree of Childebert - king of Fraunce, is euen the very same comprehended which is in the lawes - Salique, where the nephewes being in direct - line, by way of Representation is▪ when diuers - children together represent their dead fathers person, and so in his right, - together with their vncles succeed into their grandfathers - inheritance representation together called unto the succession of - their grandfather, the women are still excluded. And yet if there had bene no - law Salique, at such time as contention was for the kingdome of Fraunce, - betwixt Philip earle of Valois, and king Edward of England: Philip - alleaging for himselfe the law Salique, according to the law Voconia; and Edward defending his cause and right by the antient Roman - lawes, concerning inheritance: a decree was made by the generall consent of all - the Senators and princes of Fraunce, Ne quis in ea - disceptatione peregrinarum legum auctoritate vteretur: sed legem quisque - Salicam pro suo iure interpretari studeret, viz. ThatPoore French shifts, for the auouching and proofe of the Salique - law. no man in that controversie should vse the authoritie of - forraine lawes; but that every man according to his right should interpret the - law Salique. And why so if there had bene no - Salique law at all? And howbeit that after the death of Lewes - Hutin the king of Fraunce, the duke of Burgundie called Iane the daughter of Hutin, unto - the succession of her fathers crowne and kingdome: yet was it by the generall - consent of all the estates assembled in parliament at Paris, resolved to the - contrarie, As that daughters should not succeed unto the crowne: & so the - opinion of the duke was reiected. About which time, or a little before, Baldus called the law Salique, or the custome for the - males onely to succeed unto the crowne, Ius gentium Gallo, The law of the French nation. Neither is it - 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 - 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 - of the males failing, the daughters or females might succeed. Which thing the - emperour could not doe, without the expresse will and consent of the estates of - the empire. For which cause Othocarus king of Bohemia, - being also of the house of Austria, without regard of Frederikes graunt, by right of kindred claimed the dukedome of - Austria, and leuied a strong army against Rodolph, who - by vertue of Frederikes graunt, claimed the dukedome as - 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 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 - be thanked) by the benefit of the law Salique, alwayes hitherto preserued - themselves from this disgrace. For why, this Salique law which M. Cirier Councellour of the parliament, said to have - bene made with a great quantitie of the salt of wisdome, was not onely alleaged - and put in practise, in the raigne of Philip Valois, and - of Charls - - the Faire, against whome the daughters pretended no - claime unto the kingdome: but also in the time - of Clothare, Sigebert, and Childebert, who were all preferred before the kings their - predecessours daughters, who neuer laid claime unto the crowne. And that is it - for which Baldus the notable lawyer, speaking of the - house of Burbon, holdeth, That the male of the ame - blood and name, beeing a thousand degrees off, should sooner succeed unto the - crowne and kingdome of Fraunce, than any woman much neerer. Which is not onely - to take place in kingdomes, but euen in dukedoms and other principalities also, - which have the marks and rights of soueraigntie belonging unto them. Which - lawes also we see all people, excepting some few, to have alwayes before - embraced. And so the princes of Sauoy, by the authoritie of this Salique law, - have alwayes excluded the women from the gouernment: for so wee read Constance - - the daughter of the duke of Sauoy, to have by - Peter of Sauoy her vncle bene excluded from the - gouernment: and that euen by the sentence and doome of the judges and - arbitrators, chosen for the deciding of the matter in the yeare one thousand - two hundred fiftie six. Yet doubt I not but that many are afraid of womens - soueraigntie, who yet indeed doubt not to shew themselves most obedient unto - womens lusts. But it is no matter (as old Cato was woont - to say) whether that the soueraigntie it selfe be giuen to women, or that the - emperours and kings bee themselves obedient unto womens pleasures and - commands.

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Seeing then it appeareth plainely enough (as I suppose) the estate of a - Monarchy to be of all other estates most sure; ad - amongst Monarchies, the Royall Monarchy to bee - 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 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 - can bee made in this worke, is to conclude of iustice, as the foundation of all - Commonweales, and of such consequence, as that Plato - himselfe harh entituled his bookes of Commonweals, Bookes of - Law, or of Iustice, howbeit that he speaketh in them rather like a - Philosopher, than a Lawgiuer, or Lawyer.

- -

(▪)

- -
- -
- - - - - - CHAP. VI. - - Of the three kinds of Iustice, Distributiue, - Commutatiue, and Harmonicall: and what proportion they have unto an estate - Royall, Aristocratique and Popular. - -

- - LEt vs then say in continuing of our purpose, that - it is not enough to maintaine, that a Monarchy is the best estate of a - Commonweal, & which in it hath the least inconuenience; except wee also (as - we said) add thereunto, a Monarchy Roiall. - Neither yet sufficeth it to say, that the Royall Monarchy is most excellent, if - we should not also shew that unto the absolute perfection thereof it ought to - be fast knit together by an Aristocratique and Popular kind of gouernment: that - is to say, by an Harmonicall mixture of Iustice, composed ofThat a Royall Monarchy ought to be knit together with a certains kind of - mixture of the Aristocratike & Popular gouernment, the royalty yet sanding whole and pure, without any mixture of those - estates. Iustice Distributiue, or Geometricall; and Commutatiue, or - Arithmeticall: which are proper unto the estates Aristocratique, and Popular. - In which doing, the estate of the Monarchy shall be simple, and yet the - gouernment so compound and mixt, without any confusion at all of the three kind - of Estates, or Commonweales. For wee have before shewed, that there is great difference betwixt the mingling, or rather - confounding of the three estates of Commonweales in one (a thing altogether - impossible) and the making of the gouernment of a Monarchy, to bee - Aristocratique and Popular. For as amongst Monarchies, the Royall Monarchy so - gouerned (as I have said) is the most commendable: euen so amongst kingdomes, - 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 understood. Iustice - therefore I say to be The right diuision of rewards - - The definition of Iustice. - - and punishments, and of that which of right unto every man - belongeth; which the Hebrewes by a - straunge word call Credata: for the difference betwixt - this and the other Iustice giuen unto men by God, whereby we are iustified, - which they call Tsedaca. For that by these, as by most - certaine guides, wee must enter into this most religious and stately temple of - Iustice. But this equall diuision which we seeke for, can in no wise be - accomplished, or performed, but by a moderat mixture, and confusion of - equalitie, and similitude together, which is the true proportion Harmonicall, - and whereof no man hath as yet spoken.

- -

- - 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, 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 - life, and honour, of every particular man in soueraigntie: which is indeed the - true Popular estate, and Popularly also gouerned. And albeit that he had so (as - 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 having also (as some say) oftentimes in his mouth - these three words, - - - - , which is to say, God alwayes to be playing the Geometritian: which - words indeed sauour well of Plato his stile, howbeit that they be not in all his - works to be found.

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Now certaine it is, that Distributiue, or Geometricall Iustice, is most - contrarie unto the Popular estate and gouernment by Plato set downe: the people still seeking after nothing more, than for - equalitie in all things; a thing proper unto Commutatiue, or Arithmeticall - Iustice. Which was the cause for which Xenophon (Plato his companion,Plato couertly by - Xenophon reproued, for appointing his Commonweale to be gouerned by - Geometricall Proportion. and both of them iealous one of anothers - glory) being of opinion, That Commonweales ought to be framed, and the lawes - administred according unto Arithmeticall proportion and equalitie, bringeth in - 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 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 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 - one of the Nobilitie and richer sort, who held for Geometricall Iustice, and - the Aristocraticall estate; the other of the baser and poorer sort, who - maintained Commutatiue or Arithmeticall Iustice, and therefore wished to have - had all estates and Commonweales Popular. Now of these two factions arise a - third, which was of opinion, That in euerie Commonweale Arithmeticall Iustice - was to be kept in iust equalitie, when question was of the goods of any one in - particular, or for the recompensing of offences and forfeitures: but if - 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, having regard unto the good - or euill deserts, and the qualitie or calling of every man: insomuch that these - men used two proportions, and yet for all that diuersly, sometime the one and - sometime the other: as Aristotle said it ought to be - done, but yet not naming either Plato or Xenophon, who yet had both first touched this string.

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But as for Harmonicall Iustice, not one of the auntient writers either Greekes - orHarmonicall Iustice of all others the best. - Latines, neither yet any other, euer made mention, whether it were for the - 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 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 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 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 - Commonweale in generall.

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- - Now the Geometricall proportion is that which is made - of an vnequall excesse of - - Three kinds of proportion▪ Proportion Geometricall, 3, 9, - 27, 81. Proportion Arithmeticall, 3, 9, 15, 21, 27. Proportion Harmonicall, - 3, 4, 6, 8, 12. like magnitudes among themselves: but the - Arithmeticall proportion is every way both in progression, and excesse equall: - and the Harmonicall proportion is of them both, by a wonderfull cunning - (confused and combined together) made, and yet is unto them both vnlike: the - first of these proportions is semblable, the second is equall, & the third - is in part equall, and in part semblable; as is to be seene by the examples in - the margent set: where the proportion is treble of 3 to 9, and of 9 to 27, and - of 27 to 81: and the proportion Arithmeticall following, beginneth of the same - number of 3, and the same difference of 3 to 9: but the difference of 9 to 15 - is not like, but yet equall: for betwixt these numbers there are alwayes six - 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 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. - and Arithmetical proportion, is in this to be noted, That in the proportion - Arithmeticall are alwayes the selfe same reasons, and the differences equall: - whereas in the Geometricall proportion they are alwayes semblable, but not the - selfe same, neither yet equall: except a man would say, that things semblable - are also equall; which were nothing else, but - improperly to speake: so as Solon did, who to gaine the - hearts both of the nobilitie, and of the people of Athens, promised to make - them lawes equall for all sorts of men: wherein the nobilitie and better sort - of the people thought him to have meant the Geometricall equalitie; and the - common people, the Arithmeticall; and so to have bene all equall: Which was the - cause that both the one and the other by common consent made choyce of him for - their lawmaker. Wherefore the GeometricallThe Geometrical - gouernment of an estate. gouernment of an estate is, when like are - ioyned with like: as for example, by the laws of the twelue Tables, the - Patricij, or Nobilitie, was forbidden to marrie with the comminaltie, and order - taken, that noble men should marrie none but noble women: and they of the baser - sort such also as were of like condition with themselves, Slaves also - marrying with Slaves, as differing from - both the other sort. Which law is also yet inuiolably kept among the - Rhagusians. So were to be deemed also, if the law were, that princes should not - marrie but with priuces, the rich with the rich, the poore with the poore, and - Slaves with Slaves, by a Geometricall proportion. But if it were by lawThe gouernment of an estate by Arithmeticall proportion. - prouided, that marriages should be made by lot; that law would bee unto the - people most acceptable and pleasing, to make all equall: for that so the noble - and rich ladies should by lot oftentimes fall unto the poore and baser sort of - men; the slaue might marrie the prince, the base artificer might have to wife a - woman honourably descended, most vnlike to his estate: So that by lot should - the Popular equalitie bee preserued, agreeing with the Arithmeticall - proportion: but the wealth and dignitie of the nobilitie and richer sort be quite ouerthrowne. And that is it for - which Euripides saith, AThe - gouernment according unto the Geometricall or Arithmeticall proportion - hurtfull, the one unto the common people, and the other unto the nobility: - whereas the Harmonicall gouernment preserueth both the one and the - other. lawfull equalitie to be most agreeable unto mans nature, . But both these formes - of gouernment according to either Arithmeticall, or Geometricall proportion, - draw after them diuers inconueniences: For in the one the poorer and vulgar - sort are cast downe, and in the other the nobilitie and richer sort are - contemned and disgraced. Whereas the Harmonicall manner of gouernment, with a - most sweet consent, preserueth both (so much as possibly is) not confounding - all sorts of people hand ouer head together. And not to go out of the example - by vs propounded of marriages, he that would keepe the Harmonicall gouernment, - should not require in the marriages of the nobilitie, - the noble descent too farre fet both on the one - - The wonderfull curiositie of the Germans, in the marriage of - the nobilitie. side and the other: as many of the Germans most - daungerously doe, who most curiously search out their great great grandfathers - fathers, of like nobilitie on both sides, to ioyne together their nobilitie in - marriage: which is too farre to remoue and seperat the nobilitie, not from the - baser sort onely, but euen from it selfe also; considering that they content - not themselves, that the gentleman be noble by the father onely, as it - sufficeth in the kingdome of Polonia, by the decree of Alexander king of Polonia: or by the father, and the grandfather, as - is sufficient in this realme, by a law of king Frances - the 1: or by father, and mother, and grandfather, on both sides, as is set - downe by the new decrees of the knights of Sauoy: but they will that the right - gentleman shew that hee is descended of two hundred and threescore noble - persons, if the interpretation that many giue - of a right gentleman be true: Some others will have seuen degrees of nobilitie - to suffice, deriued from the fathers and mothers side without disparagement. - But such lawes are daungerous, and full of seditions: and for this cause the - law concerning marriages, which Appius the Decemuir is - said to have put into the Twelue Tables, was at the motion of Canuleius the Tribune as daungerous, repealed: for that thereby the - subiects loue was rent in sunder, and the citie by seditions ouerthrowne: which - tumults and seditions the law being once abrogated, and alliances made betwixt - the nobilitie and the comminaltie, vpon the sudden ceased: howbeit that noble - women have seldome married from the nobilitie, but noble men have oftentimes - married with meane women: for that nobilitie is still to bee obtained from the - father. And indeed it best - - Harmonical proportion good to be in marriage observed, and - so likewise in the gouernment of the whole Commonweale. agreeth with - Harmonicall proportion, if a rich base woman marrie with a poore gentleman; or - a poore gentlewoman with a rich common person: and she that in beauty and - feature excelleth, unto him which hath some one or other rare perfection of the - mind: in which matches they better agree, than if they were in all respects - equall: as amongst marchants there is no partnership or societie better, or - more assured, than when the rich lazie marchant is partner with the poore - industrious man; for that there is betwixt them both equalitie, and similitude: - equalitie, in that both the one and the other have in them some good thing: and - similitude, in that they both two have in them some defect or want. And this is - it for which the auntient Greekes aptly fained, Loue to have bene begotten of - Porus and Penia, that is to - say, of Plentie and Pouertie, - - loue growing betwixt them two: so as in song - the Meane betwixt the Base and the Treble, maketh a sweet and melodious consent - and harmonie. For why, it is by nature to all men engrafied, for them still to - loue most, the thing themselves want most: so commonly the foule seeketh after - the faire; the poore, the rich; the coward, the valiant: whereas if the rich - and noble should likewise marrie with the noble and rich, they should one of - them make lesse account and reckoning of the other, for that one of them little - wanted the others helpe. For as the maister of a feast ought not without - discretion to place his guests hand ouer head, as they first came into the - house, without any respect had of their age, sexe, or condition: so also ought - he not to set all his best guests in the highest and most honourable places: - neither all the wise men together with the - wise, neither old men with old men, nor young men with young men, women with - women, nor fools with fooles: following therein the Geometricall proportion, - which seeketh after nothing else but the semblablenesse of things; a thing of - it selfe foolish and vnpleasant. But the wisest maister of a feast will place - and enterlace quiet men betwixtHarmonical proportion - declared by the order to be kept in a feast. quarrellers, wise men - amongst fooles; that so they may by their talke in some sort as with a medicine - be cured: so betwixt cauillers shall he set a quiet man, and unto an old babler - ioyne a still and silent man, so to giue him occasion to speake, and teach the - other to speake lesse: by a poore man he shall place a rich, that so hee may - extend his bountie unto him, and he againe for the - same of the other receiue thanks: so amongst - seuere and tetricall men, he shall mingle others of a more civill and courteous - disposition; in which doing he shall not onely auoid the enuie and - heart-burning of such as might complaine themselves to be placed in too low - places, or not in such order as they desired (a thing hardly to be auoided - where question is of degree and place;) but also of such a most beautifull - harmonicall, and orderly placing, shal arise a most sweet consent, as wel of - every one of the guests with other, as also of them altogether. Which - beautifulnesse of Harmonicall order, he which will with Geometricall - 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 having used 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 - that hee first of all others had made lawes concerning the Theatre, giuing - therein the first places unto the Senators, and so in the beholding of the - playes separating them from the people; when as by the space of 558 yeares - before, euen from the foundation of the citie, the Senators had indifferently - together with the poore stood to behold the playes: which sepation so made, - much alieanated the one of them from the other, and was the cause of many great - and daungerous tumults and broyles afterwards in that Commonweale. Neither is - it enough that the lawes and magistrats constraine the subiects for feare of - punishment to forbeare to wrong one another, and so to live in peace; but they - must also bring to passe, that although there were no lawes at all, yet they - should be at vnitie among themselves, and one - of them still loue another. For that the foundation of marriages, as all other - humaneLoue the foundation of all humane societies, not to - be preserued by Geometricall, or Arithmeticall, but by Harmonical proportion - of iustice societies, which are almost innumerable, resteth in loue - and friendship, which cannot long continue without that Harmonical & mutual - concord which I have alreadie spoke of: and which cannot possibly either by - Geometrical or Arithmeticall Iustice & gouernmēt be done, for that the - proportion both of the one & of the other, is for most part disioyned ad separat: wheras the nature of the Harmonicall - proportion alwaies vniteth together the extreams, by reason that it hath accord - both with the one and with the other: as by the examples propounded we are - taught.

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Now the equall gouernment and by proportion Arithmeticall, is naturall unto - Popular - - The equall gouernment of Arithmeticall proportion▪ bst fitteth Popular estates. estates, who - would that men still should equally diuide estates, honours, offices, benefits, - common treasures, countries conquered: and if lawes be to be made, or officers - ordained, or that iudgement be to be giuen of life and death, their desire is, - that all the people should thereunto be called, and that the voice of the - greatest foole and bedlem should be of as great weight and force, as the voyce - of the wisest man: in briefe, the more popular sort thinke it best, that all - should be cast into lot and weight: as the auntient Greekes, who in three words - set forth the true Popular estates, , which is to say, All - by lot and ballance: or else to measure all things by a most right - rule, and every way with Arithmeticall proportion equall. Which for that it is - most stearne and inflexible, is after our phrase called Right, and to do iustice, is said, To do Right: - which maner of speech seemeth to have bene taken from the Hebrews, who - call their bookes of Law and Iustice, , that is to say, The Booke of Right, or as the Chaldean interpretor - translateth it, The Booke of Rightnesse: either for that - the way of vertue and iustice hath no windings or turnings, nor suffereth vs - this way or that way to turne out of the right way; or else for that it is the - selfe same unto all men, without respect of any mans person, not to bee moued - with loue or hatred towards any man. Such an one as many have though Policletus his rule to have bene, so straight and hard, - as that it might more easily be broken than bowed either unto the one side or - the other: unto the patterne & straightnesse whereof all artificers - directed their rules. Such is also the forme of a - Popular gouernment, when all goeth by lot, and by strait and immutable - lawes, without any iust and indifferent - interpretation, without any priuilege or acception of person: in such sort, as - that the nobles are subiect euen unto the selfe same punishments that the baser - sort are; the fines and penalties being alike vppon the rich and vpon the - poore, and the like reward appointed for the strong, and for the weake, for the - captaine, and for the souldiour.

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But now to the contrarie, the Aristocratike gouernment according to - GeometricallThe Geometrical proportion best to agree with - the Aristocraticall proportion, is like unto the Lesbian rule, which - being made of lead, was euerie way so pliant and flexible, as that it might be - unto every stone so aptly fitted and applied, as that no part (so much as - possible was) might thereof be lost: wheras others, who were woont to apply the - stone unto the straight rule, oftentimes lost much thereof. So say some, that judges ought in iudgement to apply the - lawes unto the causes in question before them, and according to the varietie of - the persons, times, & places, so to decline from that inflexible - straightnesse. Howbeit in mine opinion▪ as it is impossible for a rule so - pliant every way, as was the Libian Rule, to keepe the name of a rule: so must - also the strength and name of the law perish, which the judge may at his - pleasure every way turne like a nose of waxe, and so become the master and - moderator of the law, whereof indeed e ought to be - but the vpright minister.

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Wherefore a little to decline from that inflexible straightnesse of Polycletus his rule, as also from the vncertaine - pliantnesse of the Lesbian rule, that is to say, from the Arithmeticall, and - Geometricall proportion of gouernment of estates; a certaine third kind - of rule is by vs to be deuised, not so - stiffe, but that it may bee easily bowed when need shall be, and yet forthwith - become also straight againe: that is to say, Harmonicall Iustice: which I - thinke may well bee done, if wee shall conclude and shut vp the gouernment of - estate within those foure tearmes which wee have before combined, viz. the Law, Equitie, the Execution of the law, and the - Office or Dutie of theThe Law. 4. The Execution of the Law. - 8. - - Equitie. 6. The Office of the Iudge. 2. Magistrat or Iudge: whether it be in the - administration of iustice, or the gouernment of the estate: which have amongst - themselves the same proportion which these foure numbers have, viz. 4, 6, 8, 12. For what the proportion is of 4 to 6, - the same the proportion is of 8 to 12: and againe the same reason is of 4 to 8, - that there is of 6 to 12. So the Law also hath respect unto Equitie; as hath - the Execution of the Law, unto the Dutie of - the Magistrat: or els contrariwise, For Execution serueth unto the Law, as doth - the Dutie of the Magistrat unto Equitie. But if you shall transpose these - numbers before set in Harmonicall proportion, and so make the Magistrat - superiour unto Equitie; and the Execution of the Law, to be aboue the Law it - selfe; both the Harmonie of the Commonweale, and musicall consent thereof, - shall perish. As for Geometricall proportion, the tearmes thereof being - transposed, is yet alwayes like unto it selfe, whether it be in continuall - proportion, as in these foure numbers, 2, 4, 8, 16; or in proportion disioyned, - as 2, 4, 3, 6: conuert the order of the numbers, and say, 6, 3, 4, 2, or 3, 2, - 4, 6; or in what order soeuer you shall place them, there shall alwayes be the - 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 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 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, n fit meane o 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 - 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 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 - have of suretie, if all be gouerned by equalitie and immutable lawes, without - applying of the equitie thereof according unto the particular varietie of the - places, of the times, and of the persons: if all honours and rewards shall be - giuen to all men indifferently, by Arithmeticall proportion alike, without - respect of honour, person, or desert: in which state of a Commonweale all the glorie of vertue must needes decay - and perish. Wherefore as two simple medicines in the extremitie of heat & - cold, and so in operation and powerA fit comparison - most vnlike one of them unto the other, are of themselves apart unto men deadly - &Harmonicall Iustice compounded of Arithmeticall and - Geometrical proportion of gouernment, best for the preseruation of a - Commonweale. daungerous; and yet being compound & tempered one of - them with the other, make oftentimes a right wholesome and soueraigne medicine: - so also these two proportions of Arithmeticall and Geometricall gouernment, the - one gouerning by law onely, and the other by discretion without any law at all, - do ruinat and destroy estates and Commonweales: but being by Harmonicall - proportion compounded and combined together, serue well to preserue and - maintaine the same. - -

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Wherefore Aristotle is deceiued, in deeming the - Commonweale then to be happy,Lawes necessarie for the good - gouernment of a Commonweale, although the prince be neuer so wise or - vertuous. when it shall chaunce to have a prince of so great vertue - and wisdome, as that hee both can and will with greatest equitie, gouerne his - subiects without lawes. For why, the law is not made for the prince, but for - the subiects in generall, and especially for the magistrats; who have their - eyes oft times so blinded with favour, hatred, or corruption, as that they - cannot so much as see any small glympse of the beautie of equitie, law and - iustice.

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And albeit that the magistrats were angels, or that they could not in any sort - bee misseled or deceiued, yet neuerthelesse were it needfull to have laws, - wherewith as with a certaine candle, the ignorant might be directed in the - thickest darknesse of mens actions; and the - wicked for feare of punishment also terrified. For albeit that the eternall law - of things honest and dishonest be in the hearts of every one of vs, by the - immortall God written, yet were no penalties so in mens minds by God registred, - whereby the wicked might be from their iniurious and wicked life reclaimed. - Wherefore the same immortall and most mightie God, who hath euen naturally - engrafted in vs the knowledge of right and wrong, with his owne mouth published - his laws, and thereunto annexed also penalties: before which lawes no penalties - were appointed, neither any law maker so much as once before remembred or - spoken of. For proofe whereof let it be, that neither Orpheus, nor Homer, nor Musaeus, the most auntient Greeke writers; neitherNo mention of law, before the law of God was giuen. any other which - were before Moyses (who was more auntient than all the - Paynim gods) in all their workes so much as - once vse the word Law: kings by their hand, their word, - and soueraigne power, commaunding all things.

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The first occasion of making of lawes, was the chaunging of Monarchies into - PopularThe first occasion of the making of lawes▪ - and Aristocratique Commonweales: which they first did at Athens, in the time of - Draco, and afterward of Solon: - and in Lacedemonia, in the time of Lycurgus, who tooke - from the two kings the soueraignty. Whose examples the other cities of Greece - and Italie set before themselves to behold and imitate, viz. The Dorians, the Ionians, the Cretensians, the Locrensians, they - of Elis, Crotona, Tarentum, and Rome, with diuers other townes in Italie: in - which cities the people were euer at variance and discord with the nobilitie; the poorer sort still seeking to be equall - with the noble and richer: - - Laws hatefull unto the rich and mightie. which could - not possibly be, but by the equalitie of lawes; which lawes they of the richer - 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 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 - sort: which that they might in the citie of Rome have some end, Terentius Arsa Tribune of the people, in the absence of - the Consuls, blaming the pride of the Senators before the people, bitterly - inueyed against the power of the Consuls; - alleaging, That for one lord now there were two, with an immoderat and infinit - 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 - 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 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 - posse, inter amicum & inimicum discrimen nosce, leges rem surdam & - inexor abilem esse, salubriorem melior emque inopi quàm potenti; nihil - laxamenti nec veniae habere simodum excesseris: periculosum esse in tot - humanis erroribus sola innocentia viuere: The king (they said) to be a - man of whom thou maiest obtaine something where need is, in right or wrong: - favour to bee able to doe something with him, as desert also, who knew both how - to bee angry, and to grant pardon: as also to put a difference betwixt a friend - and a foe: as for the law it to bee but a deafe and inexorable thing, - whholsomer and better for the begger than the gentleman; to have no release nor mercie, if thou shalt once - transgresse the same: it to be a very daungerous thing in so many mens - frailties, to live only vpon a mans innocencie: Thus much Liuie. After that the lawes of the Twelue Tables were made, where - amongst others there was one very popular, and quite contrarie unto the - commaund and power of the nobilitie, and was this, Priuilegia - nisi commitijs centuriatis ne irroganto: qui secus faxit, Capital esto, - Let no priuileges be graunted but in the great assemblies of the estates: who - so shall otherwise do, let him die the death. By which strict lawes the judges - and magistrats for a time so gouerned the people, as that there was no place - 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, 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. - For which cause the estates of the countrey by their ambassadours requested of - the king, That from thenceforth it should not bee lawfull for the Gouernours or - Iudges, to iudge according unto arbitrarie equitie: which was no other thing, - than to bind them unto the strict lawes, without turning either this way or - that way, than which nothing can be more contrary unto the minds and - proceedings of favourable or corrupt judges. And therefore Charondas the Carthaginensian lawgiuer (a man - very popular) forbid the magistrats in any thing, to depart from the words - of the law, how vniust soeuer they seemed - for to be. Francis Conan Maister of the Requests, being - commaunded to heare the aforesaid ambassadour of the Sauoyans, writeth himselfe - to have greatly maruelled, that they should request so vnreasonable a thing: as - viz. That it should not be lawfull for their - magistrats to iudge according to the equitie of the cause, but the strictnesse - of the law: and reprehendeth also D. Faber, for saying, - That in this realm there are none but the soueraigne courts, which can iudge - according to the equitie of the cause: saying moreouer, That he himselfe - doubted not so to do, when as yet he was the least judge in Fraunce. Howbeit - that the ambassadors thought their judges by the strict obseruing of the lawes, - to bee better kept within the compasse of their duties, if the colour of - equitie being taken away, they should still - - The good conncell of Accursius unto vnlearned judges. - iudge according to the very law. Accursius not so - elegantly as aptly unto that he meant it, willed the vnlearned judges, strictly - to stand vpon the very words of the law: like vnskilfull riders, who doubting - to be able to sit the horse they are mounted vppon, for feare of falling hold - fast by the saddle.

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But for the better understanding and explaining of this matter, it is to be - considered, that the word Equitie is diuersly taken. For - Equitie referred unto a soueraigne prince, is as much as for him to declare or - expound, or correct the law: but referred unto a magistrat or iudge, is nothing - else, but for him to asswage and mitigat the rigor of the law: or as occasion - shall require aggrauat the too much enitie thereof: - or else to supply the defect thereof when as it hath not sufficiently prouided - for the present case offered, that so the - purport and meaning of the law saued, the health and welfare both of the lawes - and Commonweale may be respected and prouided for. In which sence not the - soueraigneHow euen the meanest judges may have power to - iudge according to the equitie of the cause without law. courts - onely, but euen the least judges of all have power to iudge & pronounce - sentence according unto the equitie of the cause; whether it be by vertue of - their office, or that the proceeding before them is by way of request; or that - the prince hath sent them some commission, or other letters of iustice for such - their proceeding, which they may either accept or reiect: following therein the - lawes of our kings, and the clause of the letters carrying these words, So farre forth as shall seeme right and iust: or that the - prince by his expresse rescript or edict committeth any thing unto their - conscience by these words, Wherewith wee charge their conscience: as oft times wee see those - things which for the infinit varietie of causes, cannot by lawes be prouided - for, to bee by the prince committed unto the religion and conscience of the - magistrats, without any exception of such judges or magistrats: in which case - the least judges have as much power as the greatest: and yet neuerthelesse they - cannot (as may the soueraigne courts) frustrat appeales, neither quite and - cleane absolue and discharge the accused, but onely vntill they be commaunded - againe to make their appearance in iudgement, after the manner and forme of the - Lacedemonians (as saith Plutarch) when they are any way - attainted of crime: neither can they also releeue, or hold for well releeued, a - man appealingMany things in iudgements lawfull for the - greater magistrats or judges, which are not lawfull for the lesser. - from a judge royall: nor other such like thing. Neither is it any noueltie, - many things to be in iudgement lawfull for the greater magistrats or judges, - which are not lawfull for the lesser: when as - in the Pandects of the Hebrewes we read it to have bene lawfull onely for the - court of the wise and graue Senators (which they properly call Hacanim, and corruptly Sanadrim) - to iudge of causes according unto equitie: but not for the other lesser judges - also.The judgebound unto the verie words of the law, is - not yet therby embarred to vse the equitie of the law or yet the resonable - exposition therof - -

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But now whereas by the orders and customes of all the cities of Italie, it is - prouided, That the Iudges may not swarue from the very words - of the law, excludeth not thereby either the equitie, or yet the - reasonable exposition of the law: as Alexander the most - famous lawyer of his time, according to the opinion of Bartholus, aunswered: who in that respect put - no difference betwixt the great magistrat and the little. For that to say - truely, the law without equitie, is as a - bodie without a soule, for that it concerning but things in generall, leaueth - the particular circumstances, which are infinit, to be by equalitie sought out - according to the exigence of the places, times, and persons: whereunto it - behoueth the magistrat or judge so to apply the laws, whether it be in tearmes - of iustice, or in matter of estate, as that thereof ensue neither any - inconuenience nor absurditieThat the magistrat ought not to - breake the law although it seem unto him hard. whatsoeuer. Howbeit - yet that the magistrat must not so farre bend the law, as to breake the same, - although that it seeme to be right hard: whereas it is of it selfe cleere - enough. For so saith Vlpian, Dura lex est: sic tamen - scripta, An hard law it is (saith he) but yet so it is written. A hard - law he called it, but yet not an vniust law: for why, it is not lawfull rashly - to blame the law, of iniustice. But yet it is another thing, if the law - cannot without iniurie be applied unto the - particular matter that is in question: for that in this case (as the lawyer - sayth) the law is by the decree of the magistrat to be qualified and moderated. - But when he saith the Magistrat, he sufficieutly sheweth that it belongeth not - unto the other particular judges so to do, but onely unto the Pretor, as - graunted unto him by the Pretorian law, at the institution of his office: - whereby power was giuen him to supply, expound, and correct the lawes.

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But forasmuch as that greatly concerned the rights of soueraigntie, princes - afterwardsTo whome it belongeth to correct the - law. (the Popular estate being taken away) reserued unto themselves - the expounding and correcting of the laws, especially in cases doubtful, - arising betwixt the Law and Equitie; about the true understanding and - exposition of the law. And therefore the - judges and gouernours of prouinces, in auntient time doubting of the law, still - demaunded the emperours aduise and opinion, when as the case presented, - exceeded the tearmes of equitie arising of the law: or that which seemed unto - them iust, was contrarie unto the positiue law: in which case if the prince - were so farre off, as that his exposition was not in time convenient to be had; - and that to delay the cause, seemed unto the estate daungerous; the magistrats - were then to follow the very words of the law. For that it belongeth not unto - the magistrat to iudge of the law (as saith a certaine auntient Doctor) but - onely to iudge according unto the law: and for that in doing otherwise, he - shall incurre the note of common infamie. And to this purpose I remember that - 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 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 - should then for the amending thereof, have recourse unto the king, as in such - case had bene accustomed: it being not lawfull for the judges sworne unto the - lawes, of their owne authoritie to depart therefrom, seemed they unto them - neuer so iniust or iniurious. Whereby it appeareth the magistrat to stand as it - were in the middle betwixt the law and the equitie thereof: but yet to bee - himselfe in the power of the law, so as is equitie in the power of the - magistrat: yet so as nothing - - The magistrat to be in the power of the law, so as is - equitie in the power of the magistrat. be by him deceitfully done, or - in preiudice of the law. For why, it beseemeth the iudge alwayes to performe - the dutie of a good and innocent vpright man. For where I say that cases - forgotten by the lawmaker, and which for the infinit varietie of them, cannot - be in the lawes comprised, are in the discretion of the magistrat, it is yet - still to bee referred unto equitie, and that the judge ought still to be (as we - said) an vpright and iust man, not in any thing vsing fraud, deceit, or - extortion. Wherein Alexander the most famous lawyer - 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 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 - Lombards, it is set downe, That the magistrat shall pay fortie shillings for a - fine, if he iudge contrarie unto the law, the one halfe unto the king, & - the other halfe unto the partie: but if he shal vniustly iudge in that - belongeth unto his place and office without law; he is not therefore to be - fined: prouided yet that he have therein done nothing fraudulently or - deceitfully: as is yet also observed and kept in all the courts and benches of - this realme. Howbeit that the auntient Romans thus held not themselves content, - but caused their judges to sweare, Not to iudge contrarie unto their owne conscience: and still before that they - pronounced sentence, the Cryer with a lowd voyce cried out unto them, Ne se paterentur sui dissimiles esse, That they would not - suffer themselves to be vnlike themselves; as saith Cassiodore. And in like case the judges of Greece were sworne to iudge - according unto the lawes: and in case there were neither law nor decree, - concerning the matter in question before them, that then they should udge according unto equitie, vsing these words, . Whereunto that saying - of Seneca alludeth, Melior videtur - conditio bonae causae si ad iudicem quàm si ad ar bitrum quis mittatur: quia - illum formula includit, & certos ter minos ponit: huius libera, & - nullis astricta vinculis religio, & detrahere aliquid potest & - adijcere, & sententiam suam non prout lex aut iustitia suadet: sed prout - humanit as aut misericordia - - - - impulit regere, The estate of a good cause (saith he) - seemeth better, if it be referred unto a judge, rather than to an arbitrator: - for that the prescript forme of law encloseth him in, and prescribeth unto him - certaine limits and bounds; whereas the others free conscience, and bound to no - bonds, may both detract and add something, and moderat his sentence, not as law - and iustice shall require, but euen as courtesie and pitie shall lead him. - Which so great a power the wise lawmakers would neuer have left untoWhy so many things are by the wise lawmakers left unto the - conscience and discretion of the judge. the judges, had it bene - possible to have comprehended all things in lawes: as some have bene bold to - say, That there is no case which is not contained in the Roman law: a thing as - impossible, as to number the sand of the sea, or to comprehend that which - is in greatnesse infinit, in that which is - it selfe contained within a most little compasse, or as it were within most - strait bounds shut vp. And therefore the court of parliament at Paris, fearing - least men should draw into the consequence of lawes, the decrees that it should - make; caused it to be registred, That if there were any notable doubt, or that - the matter so deserued, their decree or sentence should not bee drawne into - consequence, or be in any wise preiudiciall, but that it might bee lawfull in - like case to iudge otherwise: & that for the infinit varietie of things - doubtfull: wherby sometimes it commethHow it commeth to - passe, that euen contrarie or most vnlike iudgemēts may be giuen of the - same or verie like cases, and yet both iust. to passe euen contrarie, - or most vnlike iudgements to bee giuen euen of the selfe same or verie like - cases, and yet both most iust: as sometimes it chaunceth two trauellers comming - from diuers countries, to ariue at the same place, by wayes altogether - contrarie. Neither ought the judges or - lawmakers to ioyne their reasons unto their iudgements or lawes, a thing both - daungerous and foolish, as giuing thereby occasion unto the subiects, to forge - therof new suits and delaies, or exceptions of error, or otherwiseThat the reasons of lawes and iudgements ought not to bee unto - them ioined to deceiue the lawes. And that is it for which the - auntient lawes and decrees were most briefly set downe, and as it were but in - 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 - 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 - a thing of it selfe also verie daungerous, to iudge by example and not by - lawes, such iudgements being still to be chaunged euen by the least and - lightest varietie and chaunge of the circumstances, of the persons, or of the - places, or of the times: which infinit varieties can in no lawes, no tables, no - pandects, no bookes, be they neuer so many or so great, be all of them - contained or comprehended. And albeit that Solon was - wrongfully blamed for making so few lawes, yet Lycurgus - neuerthelesse madeFew laws made by the auncient - lawmakers. fewer, yea so few as that he forbad them to be at all - written, so to have them the better remembred; leauing most part of causes unto - the discretion of the magistrats. As did also Sir Thomas - Moore Chauncelour of England, leauing in his Vtopia all penalties, excepting the punishment for adulterie, unto the - discretion of the magistrats: than which - nothing can (as many thinke) be better or more profitably deuised, so that the - magistrats and judges be still chosen not for their wealth and substance but - for their vertue and knowledge. For it is most apparant euen to euerie mans - eye, that the moe lawes there bee, the more suites there are about the - interpretation thereof.Moe lawes, moe suits, and moe - fees. - -

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Wherefore Plato in his bookes of Lawes, forbiddeth lawes - to bee written concerning the execution of the law, or concerning iurisdiction, - traffique, occupations, iniuries, customes, tributes, or shipping. Which - although we cannot altogether be without, yet might we of such laws cut off a - great part. Which is also in this realme of Fraunce to be seene, which hath in - it moe laws and customes than all the neighbor nations; and so also moe suites - than all the rest of Europe beside: which began then especially to encrease, when as first king Charls the seuenth (as I suppose) and other kings after him, to the - imitation of Iustinian, commanded heapes of lawes to be - written, with a whole traine of reasons for the making of the same: contrarie - unto the auntient manner of the lawes and wise lawmakers: as if his purpose had - bene rather to persuade than to command lawes. And this is it for which a - certaine craftie corrupt judge (whom I remember to have bene banished for his - infamous and bad life) seeing a new edict or law (whereafter he still gaped) - brought to be confirmed, commonly said, Behold ten thousand crownes in fees, or - as some others say, Behold moe suites and heapes of gold.The - Frenchmen much giuen to suits in law. For why, the Frenchmen are so - sharpe witted in raising of suits, as that there is no point of the law, no - sillable, no letter, out of which they cannot wrest either true or at least - wise probable arguments and reasons, for - the furthering of suites, and troubling euen of the best judges of the world. - Howbeit the iust and vpright judge, which shall not bee constrained to sell by - retaile what others have bought in grosse, may with a right few and good lawes - gouerne a whole Commonweale: as was in Lacedemonia, and other flourishing - Commonweales to be seene, who but with a few lawes right well maintained - themselves; others in the meane time with their Codes and Pandects beeing in - few yeares destroyed, troubled with seditions, or with immortall suites and - delaies. For we oftentimes see suites of an hundred yeares old, as that of the - Countie de Rais, which hath bene so well maintained, as that the originall - parties and the beginners thereof are dead, and the suite yet alive: Not vnlike - that old woman Ptolomais, of whome Suidas - - speaketh, who so long, and with such - obstinacie of mind and delayes maintained her suite, that she died before that - it could be ended.

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Now certaine it is, that of the multitude of laws, with their reasons annexed - untoThe cause of the multitude of suits in Fraunce - them, and in this realme published since the time of Charles the seuenth, is come the heape of suites; not so many being to - be found in a thousand yeres before, as have bene within this hundred or - sixscore yeares, and yet all forsooth full of reasons: howbeit that there is - not one reason set downe in all the lawes of Solon, Draco, - Lycurgus, Numa, - - No reasons annexed unto the untient lawes. nor in the - Twelue Tables, neither yet commonly in the law of God it selfe. And howbeit that some may say, That the infinit multitude of people - 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 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 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 - of words and reasons without reason heaped together in persuading of the law: - it being indeed a thing impossible in all the bookes of the world to comprehend - all the cases which may happen, and ten thousand suites arising vpon every - reason of the law giuen. So that Seneca thereof said - well, Nihil mihi videtur frigidus quàm lex cum prologo: - iubeat lex, non suadeat, Nothing (saith he) seemeth unto me more cold, - than a law with a prologue: let the law commaund, and not persuade: except the - reason of the law be from it inseparable. And howbeit that the Decemuiri,By lawes to prouide for all inconueniences, a thing - impossible▪ or Ten Commissioners, appointed by the Romans to reforme - the lawes, and to establish new, had twelue tables comprehended whatsoeuer - could by mans wit bee foreseene: saying and - thinking also them to have therein comprised all occurrents that might happen: - yet shortly after they found themselves farre from their account, and so many - things to be wanting in those their laws, as that they were enforced to giue - power to the Prouost of the citie, to amend the lawes, to heape lawes vpon - lawes, to abrogat the greater part of the lawes of the twelue tables: and in - briefe to leaue unto the magistrats discretion the greater part of the - iudgements concerning mens particular causes or interest. And howbeit also, - that in respect of publike causes, they did what they might to have shut vp the - judges within the barres and bonds of the lawes, yet so it was, that in fine - they seeing the inconueniences which continually fell out in all matters, in - seeking to doe equall iustice to all men, according to the Arithmeticall - proportion, were constrained (after that the - Popular estate was chaunged into a Monarchy) to make a great Prouost in the - citie of Rome, to whom they gaue power accordingly to iudge of all the crimes - committed in Rome, and within fortie leagues round about the citie: which power - was also giuen unto the Proconsuls, and other gouernours of prouinces every one - of them within the compasse of his owne iurisdiction. Now he which - extraordinarily iudgeth of offences, is not in his iudgements bound or subiect - unto the lawes, but may giue such iudgement as shall seeme unto himselfe good; - prouided yet that he therein exceed not measure, as saith the law: which - measure consisteth in the Harmonicall proportion which we have before spoken - of.

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Yet such extraordinarie power by the prince giuen unto the magistrats, whether - it - - Many degrees of extraordinary power, by the prince granted unto the magistrat. be for iudgement, or - for mannaging of wars, or for the gouerning of a citie, or for any thing else - doing, hath many degrees: for either his power is giuen him next unto the - prince, greater than which none can be: or else power is giuen him by vertue of - his office, so that he may iudge as he seeth cause, or else may iudge in such - sort as might the prince himselfe; which power little differeth from the - highest, and such as can in no wise by the highest magistrat unto another - magistrat or Commissioner be giuen. But if in the princes rescript or - commission it be contained, That the appointed magistrat shall iudge of the - cause in question according as reason, equitie, religion, or wisedome, shall - lead him, or some other such meane of speech, in all these cases it is - certaine, that his power is stil limited and referred - unto the iudgement of an honest man, and the tearms of equitie: whereunto the prince himselfe ought to referre - all his owne iudgements also. Wherein many are deceiued, which thinke it - lawfull for the prince to iudge according to his conscience; but not for the - subiect, except it be in matters and causes criminall: in which case they are - of opinion, that the magistrat may as well as the prince iudge according to his - conscience: which if it be right in the one, why is it not right in the other? - and if it be wrong in the one, why should it not be so in the other? when - asNot lawful for any man in iudgement to swarue from - equitie and conscience. indeed it is lawfull for no man in iudgement - to swarue from equitie and conscience, and that iniurie like an Ape is alwayes - like unto it selfe, filthy still, whether it bee clothed in purple, or in a - pied coat. And in iudging it is one thing to bee freed from the law, and - another to be freed from conscience. - -

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But if the varietie of a fact in question be not knowne but unto the prince - himself, orWhether a prince or magistrat may be iudge of a - fact the truth thereof beeing unto none other knowne but unto themselves - alone. magistrat alone; neither the one nor the other can therein be - iudge, but witnesses onely: as Azo (the great lawyer) - answered unto the Gouernour of Bolonia Lagrasse, who without any other witnesse - 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 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 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. - Wherunto the chiefe judge aunswered, Nos iurati sumus, nisi - sceleris conuictum, & ex animi nostri sententia damnaturos esse - neminem, We are sworne (said he) to condemne no man except he be of - some capitall crime conuict, and according to our conscience. With which - aunswere the king (otherwise a most curteous and gentle prince) much moued, for - that the judges seemed to doubt of his fidelitie and credit, deepely swore, That hee himselfe had taken the villaine in a - fact deseruing death. Wherefore Anne Montmorancie Great - Constable of Fraunce, perceiuing the judges to be bound by their oath, to iudge - but according unto the laws, and that in performing the kings command they - should rather seeme manquellers and murderers, than vpright judges: taking the - king a little aside, persuaded him to deferre the execution of the man vntill - night, least the people might hap to be troubled with the nouelty of the - matter. And so the guiltie partie the night following was by the commaundement - of the king thrust into a sacke, and in the riuer drowned. Yea the same king - also in a civill cause, serued but as a witnesse in the great suit about the - inheritance of George of Amboise, where he was before - the judges sworne as a priuat man, and his testimonie accounted but for one. Wherefore Paulus - Tertius was not without cause blamed, for that he being Pope, had - caused a certaine gentleman to be put to death, who had confessed unto him - (being then a Cardinall) a secret murder by him done: which thing yet the same - gentleman afterward constantly denied him to have either said or done. Howbeit - it were much better and more indifferent, the prince or the magistrat to iudge - according unto their consciences in civill, than in criminall causes: for that - in the one, question is but of mens good; wheras in the other still mens fame, - yea oftentimes their lives, and whole estates is in daunger: wherein the - proofes ought to bee more cleerer than the day it - selfe. - -

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But yet the difference is right great, and much it concerneth, whether the - magistrats in their iudgements be bound unto the lawes or not, or else be - altogether from the laws loose & free: for that in the one, question is - onely of fact; but in the other, of law, equitie, and reason, and especially - when question is of matter of great importance or consequence, and wherein the - law is to be expounded: which in auntient time was giuen inThe exposition of the law, to whom it was by the law of God - 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, 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 - that they were the makers of the sacrifices, and keepers of the holy rites, - were made also the keepers and guarders of Iustice, as of all other things the - most sacred. The president or chiefe of which Druides (as Ammianus reporteth) still carried about his necke a pretious stone, - hanging downe unto his breast, with the picture of Truth - engrauen in it. Which most auntient custome of the Hebrewes, and ofThe exposition of the lawes, and the deciding of most high and - difficult causes both in Asia and Afrike, reserued unto the Mahotan Priest. the Aegyptians, euen yet - continueth in all Asia, and in the greater part of Affrike also, viz. That the Priests should have Iustice in their hand, - and the▪ Great Bishop the exposition of the Lawes, and the deciding of the most - high and difficult causes. So the Great - Bishops, whome the Turkes call their Muphti, hath himselfe alone the expounding - or declaring of the doubts arising of the obscure lawes, especially when - question is betwixt the written Law and Equitie it selfe. Which exposition of - such doubtfull lawes, the Roman emperours reserued unto themselves, as proper - unto the soueraigntie of their imperiall maiestie. So the Persian kings had - also their Muphti, as the sanctuarie both of their publike and priuat lawes, - 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 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 - and power placed.

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And now verily if the lawes of Arithmeticall Iustice might take place but euen - inArithmeticall Iustice vnfit to bee used euen in priuat - iudgements. priuat iudgements onely, as when question is of the - exchange of things, then no doubt should in such priuat iudgements be seene, - but all the question should consist in fact only: so that no place should be - left for the opinion of the judges, neither yet for equitie, things being - holden and shut vp within most strict and strait lawes: which wee said could - not be done, and if it could, yet will we forthwith shew the same to bee most - vnfit and absurd. But yet first let vs shew, that publike iudgements neither - can nor ought toGeometricall pro portion of iustice in - publike or penall iudgements, not to be admitted. be handled or made - according to the Geometricall lawes or proportion of Iustice. Which neuer to - have bene before done, is manifest by all the lawes which carry with them amercements or fines, which are to be found in - the laws of Draco, Solon, or of the Twelue Tables: as - also by the lawes and customes of the auntient Saliens, Ripuaries, Saxons, - English, and French men, where almost all the penalties are pecuniarie, and the - same fines most often indifferently set downe as well for the rich as for the - poore, according unto equall Arithmeticall Iustice. All which lawes were to be - repealed if pecuniarie amercements and fines were according to the opinion of - Plato, after the Geometricall proportion of Iustice, - to be of the offendors exacted. These words also, Ne - magistratibus mulctam poenamue lenire liceas, That it should not bee - lawfull for the magistrat to mitigat the fine or penaltie: a clause most - 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 having - wherewith to pay the fine due for the fault by him committed, should - satisfie - - An obiection against Arithmeticall proportion in exacting of - fines. - - the same with corporall punishment to be inflicted vpon - him, were also to bee abrogated and taken away.

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But here perhaps some man will obiect & say, It to bee great iniustice to - condemne a poore man in a fine of 65 crownes, for a foolish rash appeale by him - made unto any the higher courts (as the maner with vs is) and yet to exact no - greater fine for the same offence of the richest of all. For why, Geometricall - proportion of Iustice, which exacteth sixtie crownes for a fine, of him which - is in all but worth an hundred crownes, requireth threescore thousand crownes of him which is worth an hundred - thousand crownes. For that the like Geometricall proportion is of threescore to - an hundred, that is of threescore thousand to an hundred thousand. Thus we see - 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 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 - Greeks also used, calling this extraordinarie manner of amercement or fine, - , as Demosthenes writeth, and which is - yet used 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, 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 - diminish the fines imposed vpon such as should rashly appeale▪ Lisores the President, and D, Amours the kings Attourney, were deputed & sent - from the parliament at Roan unto the king, to make him acquainted with diuers - things concerning the demaine, & generall reformation of Normandie (wherein - 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, 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 - middle sort of wealth, according to the Arithmeticall proportion of Iustice: - and a Geometricall proportion also betwixt the great lords and the poorer sort: - Whereof the former should in this case be left unto the disposing of the law, - and the other unto the conscience and discretion of the judges. For there is - nothing more vniust, than the perpetuall equalitie of - - Nothing more vniust, than the perpetuall equalitie of fines - and punishments. fines and punishments. For proofe whereof let the - law but lately made by king Charls the ninth concerning - apparell, serue for an example: whereby a fine of 1000 crownes was imposed vpon - all such as should either much or little transgresse the same, without respect - of any the offenders abilitie, age, or condition: with prohibition for the - judges in any sort to mitigat or lessen the same. Which law concerning all men - in generall, and yet made by Arithmeticall proportion of Iustice, was shortly - after by the iniquie of it selfe rent in sunder, and by the magistrats - themselves, as well as by other priuat men neglected. Whereas the law of Philip the Faire concerning apparell was much more iust and indifferent, as neere approaching unto - Harmonicall Iustice: and appointing diuers - 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, 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 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, - Wherein we see vnequall punishments appointed for persons vnequall, following - therein Geometricall Iustice: and yet for all that we see also equall punishments for persons vnequall, following therein - Arithmeticall Iustice: and both the one and the other so mixt together, as that - thereof ariseth also that Harmonicall Iustice which we so much seeke after. The - same proportion is observed in the law, allowing of every mans apparell and - attire also: as where it is said, That no woman citisen should weare a chaine: - also that no bourgesse or common person of either sexe, should weare any gold - or pretious stones, neither girdles of gold, nor any crowne of gold or siluer, - or any rich furres; which is not forbidden the nobilitie, and yet in them also - there is some difference: as in that it is said, That the Duke, the Countie, - the Baron, which hath six thousand pound land, may make themselves foure new - sutes of apparell in a yeare, but no more; and their wiues as many: and - gownemen, and clearkes, which have no dignities - nor preferments, should not make them gownes of cloath aboue sixtene shillings the elne Paris; & for their followers - not aboue twelue shillings. Many other such like articles there were, and yet - was there no mention neither more nor lesse either of silke or veluet, or other - such like thing. So that hee which would inGeometrical - proportion of iustice not possible to be kept in the making of penall - lawes. penall lawes particularly keepe Geometricall Iustice, in - setting downe the penalties according to the equalitie of the offences, and - abilitie of the offenders, shall neuer make penall law: For that the varietie - of persons, of facts, of time, and place, is infinit and incomprehensible; and - such as should alwaies present unto the judges, cases stil much vnlike one of - them unto another. So also the perpetuall equalitie of penalties according - - - Arithmeticall equalitie in the appointing of penalties, - vnreasonable and vniust. to Arithmeticall proportion, is as vniust - and vnreasonable, as if a Physitian should prescribe the same medicine to all - diseases: as is to bee seene by the lawes of the Romans concerning the charges - to be bestowed at feasts & banquets: wherby the morsels were equally cut - unto all euen alike, and the penaltie also equall without respect of rich or - 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 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 - Monarchie, the princes by little and little changed, and so moderated the penalties before vpon the nobilitie - imposed; as is by the rescript of Antoninus Pius unto - the gouernour of one of the prouinces to be seene: who had in hold a noble - gentleman conuict before him, for murdering of his wife by him taken in - adulterie: wherein he willed him to moderat the penaltie of the law Cornelia; - and if the murtherer were of base condition, to banish him for euer, but if hee - were of any dignitie or reputation, that then it should suffice to banish him - for a time.

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Now it is a notable difference in termes of iustice, that the qualitie and - condition of the person should in iudgment deliver him from death, who should - otherwise have bene condemned: for the murtherer sayth - the law, ought to be put to death, i hee be - - - The qualitie and condition of the person to be in the making - o penall lawes, and inflicting of punishments - much respected. not a man of some dignitie and honour. And the Law - Viscellia willeth that the stealers of beasts, if - they bee Slaves, should be cast unto the wild beasts; but if they were freemen, - they should be beheaded, or condemned into the mynes: but if they were of any - nobilitie, it should then suffice to banish them for a time. In like sort also, - that the burners of villages or houses should bee giuen unto the beasts, if - they were men of base condition: but if they were of any noble house, then to - be beheaded, or els confined. And generally, the Slaves were euer more seuerely - punished, than were men by state and condition free: for these were neuer - beaten with rods, or with small cudgels, whereas the Slaves were still beaten - with clubs, or els whipt with whips made of small coards. Howbeit that Plato sayth, That the free Citisen ought to bee with - greater seueritie punished, than the slaue; - for that as (sayth he) the slaue is not so well taught as is hee: which his - opinion sauoreth indeed of a Philosopher, rather than of a Iudge or of a - Lawyer; yea the law of God delivereth from death the master, who in too seuere - correcting of his Slaves, shall by chaunce kill him. And therfore it ought not - to seeme strange, if the father were by the people of Rome openly stoned, for - whipping his son with whippes as a slaue, as Valerius - writeth. And indeed amongst free borne men, the Citisen is lesse to be punished - than the stranger, the noble lesse than the base, the magistrat lesse than the - priuat man, the graue and modest lesse than the vicious and dissolute, and the - souldier lesse than the countreyman. Wee must not (sayeth Labeo the Lawyer) suffer a base fellow to enter an action of fraud - against a man of honour and dignitie: neither - an obscure and loose prodigall man against a modest man of good gouernment; yea - the auntient Romans neuer condemned any Decurion, or Captain of ten men (for - what fault soeuer hee had committed) into the mynes, or to the gallowes. The - night theefe sayth the law, if hee shall with weapon stand vpon his defence, is - to be condemned into the mynes; but men of reputation and qualitie offending, - to bee onely for a time banished, and souldiers with disgrace cassiered. - NeitherGeometricall pr potion of punishing, common almost unto all - people. must wee thinke this Geometricall manner of punishing to have - bene proper unto the Romans, or to any other people in particular onely, but to - have beene common almost unto all other people also, as namely unto the French, - the Saliens, the English, and the Ripuaries: and yet must wee doe as doe the - barbarous Indians, which for the same offences - set downe most grieuous punishments as well for the noble as the base, without - any proportion at all; and yet in the manner of the executing thereof make - great difference: for of the baser sort they cut off their noses and eares, and - for the same offence cut off the noble mens haires, or the sleeues of their - garments: a common custome amongst the Persians, where they whipped the - garments of the condemned, and in stead of the hayre of their heads, pluckt off - the wooll of their caps.

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Neither are wee to stay vppon the opinion of Aristotle, - who would GeometricallAristotle his opinion concerning the - execution of Geometricall and Arithmeticall Iustice, reiected. - iustice to take place in bestowing of rewards, and diuiding of spoyles: but - Arithmeticall iustice equally to bee executed in the inflicting of punishments, - which is not onely to ouerthrow the principles - of Philosophy, which will that things contrarie, as reward and punishment, - should be ordered by the same rules, but also the resolution of all the - greatest Lawyers and Law-makers that euer were: with whom also the - Canonists,Nobilitie in penalties to be inflicted, - favoured euen for the vertues of their auncestors: and the iniuries unto - them done, more seuerely punished the Orators, the Historiographers, - 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 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 - flowre of youth, the princes favour, or euill meanes whatsoeuer obtained. The - auntient nobilitie of M. Aemilius Scaurus (as saith Valerius) saued his life euen in flourishing time of the - Popular estate: which respect of nobilitie was yet much better kept after the - change of the estate; for then they began by little and little to behead the - nobilitie with a sword, after the manner of the Northerne people, in stead that - the Romans before used the hatchet in the execution of all sorts of men. And - for that the Centurion sent to execute Papinian (the - most famous lawier, Traian the emperours neere kinsman, - and before proclaimed the defendor both of the emperours and of the empire) had - with an hatchet cut off his head, he was therefore sharply reproued by the - emperour Caracalla, - - telling him, That he ought to have executed - his command with a sword, as which had lesse paine, and also lesse infamie. - Wherein Gouean the lawyer was deceiued, who writeth more - griefe to have bene in the execution with the sword, than with the hatchet, Men - die (saith Seneca) more easily with no kind of death, - than being beheaded with the sword. And by the same reason and proportion of - Iustice, hee that wrongeth a noble man is more grieuously to be punished, than - hee which wrongeth a common person; & he which doth iniurie unto a citisen, - than he which doth iniurie unto a stranger. For in the lawes of the Salians, if - a Saxon or Frizlander had any way wronged a free borne Salian, he was almost - 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 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 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 - many nations, neither hath had, neither yet ought to have place, when question - is of fines and punishments; and that men of honour, and of marke, ought more - easily to be punished, and their iniuries more seuerely revenged, than those done to the common sort: wherat they yet - oftentimes grudge & murmute, and thinke themselves to be therein greatly - wronged. Yea Andrew Riccee a Polonian writeth it to be a - great iniustice, That the nobilitie offending are not punished with the same - punishment that the common people are; the rich as the poore, the citisen as - the straunger, without any respect of degree or persons: than which nothing - could bee more absurdly written, of him which would take vpon him to reforme - the lawes and customes of his owne countrey and Commonweale. The like complaint - was against N. Memmius Maister of the Requests in court, - for that he being by the king appointed judge in the triall of Vlmeus the president, had suffered the man conuicted of - most capitall crimes to escape the punishment thereunto due, and yet had - condemned his clearke to be hanged, who had but done his maisters - commaundement: Which king - - Francis understanding, merirly said, theeves by a wicked - consent to releeue one another. Howbeit that Memmius a - 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 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, having neither goods nor office to loose, - neither much regard of his good name, he could not - otherwise worthily be punished than by death, - 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 - forgerie and extortion, and that in the administration of iustice, which he had - as then in keeping. For this prerogatiue hath alwayes by our auncestours bene - reserued unto the nobles, and such as otherwise are in honourable place, That - being for any offence or crime condemned to die, they should not therefore be - hanged, for the infamie of the punishment: wherein all writers agree. Howbeit - that concerning other punishments they are not all of one opinion, Seneca (as we said) accounting heading for the easiest: - and the Hebrewes in their Pandects, in the - - Hanging the most shamefull death, heading the easiest, - stoning the most grieuous. Title of Punishments, appointing stoning - for the most grieuous, the second burning, the third beheading, and the fourth - strangling. Howbeit that they deeme him most infamous, and by the law of God - accursed, which is hanged on the tree.

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and in this Bartholus (the famous lawyer) is deceiued, - saying, That the manner and custome in France, was to hang the noble or - gentlemen condemned: and that that punishment was not there accounted villanous - or infamous, seeing that in his time (which was in the raigne of Philip the Long, about the yeare of our Lord 1318) the - nobilitie of Fraunce was as famous and as honourable, as the nobilitie of any - place of the world. Yet true it is, that the noble man which is a traytor unto - his prince, deserueth to be hanged; so to be more grieuously punished than the - base companion, who offendeth not - - Noble man for treason against their soueraigne prince, why - to be more seuerely punished than other meaner persons. so much as - he, as not so straitly bound to preserue the life and estate of his prince. For - the more a man is obliged and bound in fidelitie unto his prince, the more - grieuously he is be punished aboue the common person: Viri - fortes (saith Cicero speaking of Catilin the rebell) acerbioribus - supplicijs ciuem pernitiosum quàm acer bissimum hostem coercendum - putant, Worthy men (saith he) iudge the daungerous citisen to bee with - greater punishment chastised, than the cruellest enemie that is. And therefore - Liuie saith, the fugitiue traytors during the - Carthaginensian warre, to have beene more seuerely punished, than the fugitiue - Slaves: and the Roman traytors more sharply than the Latines, who were then - still beheaded, but the Roman traytors hanged. Howbeit that in all other - offences the Romans were more easily punished than others. For Scipio Africanus - - (saith Florius) caused - the Roman souldiour not keeping his ranke, to bee beaten with a vine, but other - souldiors with a trunchion or cudgell of other sadder wood: the vine (as saith - Plinie) being the dishonour of the punishment.

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Yet whereas we said, That the punishment of noble men ought to bee more easie - than the punishment of the base and obscurer sort, that so others might bee the - 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 - 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 - therefore Scipio commaunding the Roman souldiors to be - beaten with the vine, euen for the same cause for which he commaunded the - Latine souldiors to be beaten with cudgels, followed therein the equalitie, or - rather the Geometricall proportion of punishment. For which cause Galba the emperour caused the Gibbet to be painted white, - and set higher than the rest, to lessen the paine of a citisen of Rome, - complayning that hee should bee hanged as other theeves were: howbeit that he - had poisoned his pupill. So if a Physitian or an Apothecarie shall poyson a - man, he is more grieuously to be punished than if another man had done it. And so in the same proportion of iustice, the - judge which doth iniurie, the - - He which offendeh in his owne - vocation, or in such things as wherewith he is put in trust, to be therefore - more seuerely punished than other offending in the same. priest which - committeth sacrilege, the notarie or register which committeth forgerie, the - goldsmith which coyneth false money, the guardian which rauisheth his pupill, - the prince which breaketh his faith and league; and generally whosoeuer - 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 - 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, - or looked into the lawes of his countrey, he would neuer have written, That the - equal Arithmeticall Iustice were to be observed and kept in the inflicting of - punishments: but that in all things, and especially in matters of punishments, - the Geometricall proportion of Iustice were much better and more tollerable; as - neerer unto the Harmonicall Iustice which we seeke after, being partaker of - both. Neither by this HarmonicallHarmonicall Iustice to be - indeed unto all men indifferent, howbeit that at the first shew it seeme - more favourable unto some than unto others. proportion is more favour - shewed unto the noble than unto the base, howbeit that unto many it seeme - contrarie. For proofe whereof, let it be, that a rich man and a poore being - guiltie of the selfe same crime, the rich man is in shew more grieuously fined - than the poore: howbeit that in truth the one is not more heauily fined than - the other, but both of them indifferently - according to their wealth and abilitie. There is with vs a most auntient law - extant, whereby the poore common persons which make resistance against the - magistrat commaunding them to be apprehended, are fined at threescore - shillings; but the noble man at a thousand and two hundred. And for that money - isFines oftentimes to be changed, according unto the - varietie of times and places. more plentie in one place than in - 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 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 - to be accounted a poore man. crownes, that is to say a crowne of - gold. Which decision of the Romans, the - Hebrewes in their Pandects following, have forbidden all them that are so much - worth to begge. The customes of Fraunce in many places, call him a poore man, - who with two or three witnesses of his owne parish, hath sworne himselfe to be - poore.

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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 - 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 - encreased, one Neratius a rich fellow (as the time then - was) and most insolentThe insolency of Neratius, the cause - why the lawes of iniuries were changed in Rome. withall, tooke a - 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 five 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 - unto the magistrat, to do therein as should seeme unto him reasonable. Whereby it was then plainely perceiued and knowne - Arithmeticall proportion not to be good in the - imposing of penalties and fines. So also by the auntient customes of the - Normans, he that strucke a common person with his fist, was fined at a - shilling; but he that strucke him with his open hand, was to pay the fine of - fie shillings: but were he a gentleman that had - receiued such iniurie, he was not to redresse the same by law, but by force of - armes and combat: whereby it oftentimes came to passe, that hee which had - before receiued the iniurie, was also in the quarrel slaine, without any - punishment therfore, and that by the sufferance of the law. The like we may say - of the Athenian law, which condemned him in an hundred crownes fine, which - should presume to cause a galliard to be daunced in the Theatre: which Demades the Orator well knowing,Demades at Athens wilfully transgreseth the law, - and paith the fine. yet to make his playes - 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 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 - for that it is penall let it be but for a yeare in force.

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But beside these chaunges of penalties and fines, some others have beene - constrainedPenalties & fines sometimes changed into - corporall and capitall punishments, and why. to chaunge such - pecuniarie penalties or fines into corporall, yea euen into capitall - punishments also: and that especially when the countrey groweth rich, so that - men begin to contemne the fines, or that the - offence groweth too common: in which cases the Hebrew lawyers are of opinion, - That the penalties of the lawes are to bee encreased, and punishment with - rigour executed. And therefore the law of the Britons appointeth theeves to be - hanged, yeelding therefore this reason, Ne eorum ageatur multitudo, Least the multitude of them - should be encreased. An vniust law indeed, and the reason thereof foolish; and - such a law as by the antiquitie of it selfe is almost growne out of vse, for - that it hath no distinction either of place, or of the equalitie of the persons - offending, or of the age, or of the sexe, or of the time, or of the felonie - committed; but punisheth all felons alike. When as in all executions of - punishments, the lighter offences are the more lightly to be punished, yea and - oftentimes also pardoned: as only in respect - of age, the indifferent and equall law would that men should in all iudgements - pardon youth, or at leastwise more easily punish it. So ought the judges - alsoWhy women are more favourably to be punished than - men. more favourably to chastise women than men: either for that - their passions are more vehement than men, or that for want of reason, - discretion, and learning, they are lesse able to gouerne their affections: or - for that they be more tender and daintie, and therefore have the sharper - feeling of punishment than men. Which beeing so, a man may deeme the law of the - Venetians vniust, which for the first felonie committed, condemnethThe iniquitie of the Venetian law in the punishing of - women. the woman to be whipt, and marked with an hoat yron; and after - that her hand cut off: and for the second offence, to have her nose and lips - cut off: whereas the man by the same law, and for like fact, is to lose but one - of his eyes and his hand. By which law women, - contrarie unto equitie, are more seuerely punished than men: & the means - whereby to get their liuing being taken from them, they both have more occasion - to steale than before whilest they had their limmes. Wherefore better it were - according to Arithmeticall Iustice (howbeit that in matters of penalties it be - vniust) to punish them both alike: or else according to Geometrical Iustice, - which commeth much neerer unto the true Harmonicall Iustice, which hath regard - in particular to all the circumstances concurring. But that law and judge is - verie vnust, which more seuerely punisheth the tender - and feeble, young folkes or women, the sickly or old, than the strong and lustie. And in briefe all lawes carrying with them - penalties certaine, and - - All lawes carrying with them penalties certain, which may - not y the judge or magistrat be in some sort - moderated or aggrauated, to be vniust. such as it is not lawfull for - the magistrat according to the exigence of the cause, to moderat or aggrauat, - are vniust. Wherein euen the wisest and best experienced may well be deceiued, - if they have not this Harmonicall Iustice still before their eyes. For where is - there in the world so great wisedome, so great iustice, such a number of - learned law yers, as in the court of parliament at Paris? who yet without any - restriction or limitation at all, published a law against falsiiers and forgers, made by king Francis the first, whereby capitall punishment was appointed for - forgerie, whether it were in civill or criminall causes, without distinction of - forgers, udges, clearkes, notaries, souldiours, or - plaine countrey men. Which law for all that by the wise conniuence of that - court is since growne out of vse: howbeit that the penaltie thereunto annexed - yet remaineth to terrifie forgers withall: - whome for all that the court punisheth with arbitrarie punishment, according to - discretion, and not according to the rigour of the law, in such sort as that - scarcely one of fiftie is condemned to die. For why, the same court shortly - after perceiued the intollerable inconueniences and absurdities which that law - 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 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 - cutting out of the tongue: without any distinction of the manner of the - forgerie, or respect of the degree, sexe, or age of the offendor, or other - circumstances whatsoeuer. But the law of Milan sauoureth more of equitie and - Harmonicall Iustice: for it willeth, That he which forgeth or falsifieth an - act, or beareth false witnesse in a matter which exceedeth not twentie crownes, - 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 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 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 & - Arithmeticall proportion of iustice are in some sort mixt, as in the measure - and proportioning of the fine: but without any regard of sexe, age, or - condition, which it beseemed a lawmaker especially to have marked. The law of - God (of allThe false witne▪ how he - is by the law of od to b - punished. other lawes the best) commaundeth the man conuict of false - witnesse bearing, to endure so much losse himselfe, as he would have done hurt - unto the other: as if he would by his false witnesse take from another man an - hundred crownes, hee should bee forced himselfe to pay the selfe same summe: or - if hee went about by his false testimonie to take away another mans life, that - he himselfelfe should therefore loose his owne life: as for the rest they were referred unto the conscience of - the judges. Neither is it enough for this equalitie of punishment to aunswere - as did Draco the Athenian lawgiuer, who being asked, Why - he appointed death as well for stealing of an apple, as for killing of ones - father: aunswered, That he would have appointed a more grieuous punishment for - killing of a mans father, if he had knowne any punishment worse than death. But - Lycurgus left all kind of punishment, yea and that - concerned every man else as well in publike as in priuat iudgements, unto the - discretion of the magistrats: whom he doubted not to excell in all fidelitie - and integritie, so long as they should keepe his lawes and customes: but yet - haply fearing that in restraining of the magistrats power unto the strait bonds of lawes and penalties, should so fall into such - absurdities and difficulties of iudgements, as - we have before spoke of: and wherewith they are i - 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 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 buffe and bastinado such as they liked not - of, as they met them. But how much more wisely did the emperour Adrian in like case take order, appointingThe wise law of Adrian the emperour. him that went about - to kill a man, although indeed he killed him not, to bee therefore worthy of - death: and yet that he which had indeed slaine a man, without any purpose so to - have done, should be therefore acquited. For that offences are to be weighed - - - Offences how they are to be weighed and punished. - according to the will and purpose of the offendor, and not according to the - euent of the fact: howbeit that the purpose and endeuor is more easily to be - punished, than the effect and deed it selfe; and the conceit of a villanie - lesse than the villanie it selfe done: wherein all the diuines with the lawyers - agree. Howbeit that in truth hee more greeuously offendeth against almightie - God, which persuadeth another man to do a villanie, than he which doth it: for - that beside the wickednesse first by himselfe conceiued, he leaueth also the - lively impression thereof engrauen as it were in another mans hart: whereas he - which of himselfe doth amisse, carried headlong with the force of lust or - anger, seemeth scarcely to have bene willing to have done it: and hee which - hath against her will enforced an honest woman, whome hee could not otherwise - persuade, yet leaueth her soule and spirit - pure and cleane. But judges doe one way punish andIudges and - Philosophers diuersly do consider offences. consider of offences, and - Philosophers another: they punish such offences and transgressions onely as are - sensibly to be seene, and which a man may as it were with his finger touch, and - such as trouble the common rest and quiet: but these men (viz. the Philosophers) enter euen into the most secret thoughts & - cogitations of mens minds: wherein Sir Thomas Moore, - sometime Chauncellour of England, is also deceiued, who maketh the intent - equall to the effect: and the will unto the deed done.

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But if an offence be not onely intended, but effected also, and so the effect - ioynedArithmeticall Iustice not to be used in the - punishing of offences unto the intent; we must not in the punishing - thereof vse Arithmeticall proportion of iustice: as in the law of Milan, hee - that shall without the citie steale the value of a crowne or more, is therefore to be put to death; but if - lesse, the punishment is left unto the discretion of the judges: and yet for - all that in this realme he is punished with death as a theefe which hath by the - high way robbed any man, whether hee had money or none: as I have indeed seene - one hanged for taking but eighteene pence from a traueller by the high way. The - Roman lawes commaund notable theeves and robbers to be hanged, and so left - hanging vpon the gibbet: which then was accounted the most grieuous punishment: - 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 having in part therein giuen occasion for men to punish theeves with more - grieuous punishment than haply were meet and convenient, viz. with death.

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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 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 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 - punishments almost are also set downe by the law of Parma. Yet hath it - oftentimes seemed unto me a thing right straunge, why some which vse so seuere - punishment against theeves, yet punished murders but by fines in money. For - we see plainely, that the paine of death is - too cruell to revenge a simple felonie, and yet not sufficient to restraine the - same: and yet the punishment of him that doth both robEqualitie of punishment for vnequall offences, the occasion to has the greater offences committed. and kill, - to be but like: in which doing he hath more suretie to commit the murther, as - also more hope to conceale the same. So that where the punishment for theft and - murder is alike, there it is more saftetie to kill a man, than simply to rob or - steale. And yet more straunge and absurd are the lawes of the Polonians, the - Danes, the Swedens, and Moscouits, and especially the law of Casimir the Great, king of Polonia, which forAn - vnreasonable law for the punishing of murder. the fine of thirtie - crownes, acquiteth one gentleman that hath slaine another: and if he have - maimed him of an arme or of a legge, then to bee acquited for fifteene - crownes. But if a base fellow shall kill a - gentleman, the fine is double, and if he shall kill a base or common person, - the fine is but ten crownes, without any other corporall punishment, although - he had laine in wait to kill him. Which impunitie for the killing of men being - suffered, or rather by law allowed, innumerable murders thereof ensued. Howbeit - that afterwards the kingdome encreasing in wealth, the penaltie of the law was - doubled in the raigne of Sigismund the first, and order - taken, that the murderer beeing apprehended, should beside the fine be also - kept prisoner in the common gaile for a yere and six weekes. But that which was - in that law worst of all, and the head of all mischiefe, was, that after three - yeares the offendor might prescribe against the murder by him committed, - whatsoeuer it were: neither could the lord which had slaine his vassall - farmer (whome they call Keton) be therefore either civilly or - criminally called into question or sued. For a like edict or law made at Milan - (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, & 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 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 - capitallHainou offences to - deserue more grieuous punishments. punishment common to all murderers - by Arithmeticall proportion of iustice, should so by Geometricall proportion be - 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 - killeth by night, more than he which killeth by day: and he which poysoneth a - man, more than he which killeth him with the sword: and the murderer by the - high way worse than those: as also he that shhall kill a man in a sacred place, - more than in a prophane: and before his prince, more - than in any other place: (which is the onely irremissible case, by the laws of Polonia) & he that shal kill the - magistrat executing of his office, more than if he were a priuat man: and he - that shall kill his father, more than he which shall kill the magistrat: and he - 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 - 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 - punished. As in like case the breakers of houses, and they which by ladders - clime into houses by night, deserue to be more seuerely punished, than such as shall steale in, the doores standing - wide open. And therefore in Tartarie and Moscouie the least theft of all is - punished with death: for that there are but few townes and houses for them to - keepe themselves and their goods in. And in the West Indies, before the comming - of the Spaniards, the theefe was still alive vpon a sharpe stake impaled, for - whatsoeuer theft it was. For why, all their gardens and grounds are bounded - about but with a thrid, beyond which to passe was accounted a great crime: and - yet greater than that it was to breake the thrid; and that in secret also than - openly and in every mans sight. Howbeit that in other crimes, as whooredome, - adulterie, incest, and such other like, the offences publikely committed, are - more seuerelyOpen offences to be openly punished. to - be punished, than such as are secret done: for that the euill example and - scandall thereof, is worse than the offence it - selfe. Wherein both the diuines and layers all agree.

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All these circumstances, with a million of others like of diuers sorts, cannot - all after one fashion be cut, or by the selfe same law be iudged, according to - the vnequall equalitie of Arithmeticall Iustice: neither can they in speciall - lawes and articles bee all comprehended, were the volume of the law neuer so - great: so as is in Geometricall Iustice requisit, which leaueth all unto the - magistrats discretion, without any law at all. And yet for all that is this - Geometricall Iustice lesse vniust than the other, which leaueth nothing unto - the power and authoritie of the judge, more than the examination of the fact, - and the numbring of a sort of beanes, as at Athens: or of tables of diuers - colours, - - Arithmeticall equalitie in the administration of iustice, - and the punishing of offences, the cause of great iniustice▪ with - letters of absolution or condemnation set vpon them, as at Rome: or of certaine - balles and lots, as at Venice: without any power to iudge at all. For why, it - is the law, and not the judge, which appointeth the same punishment for all: of - which equalitie of iustice ariseth the greatest iniustice, some such being - 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 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 - same fine of two hundred shillings. Which law - altogether ouerthroweth the foundation of iustice, grounded especially vpon - that, That the punishment should still bee equall unto the offence done. Which - the auntients declared by this word, , that is to say, The law of Retribution, - or of equall punishment: which first written in the law ofThat the punishment ought to be equall unto the offence done. God, - set downe in the lawes of Solon, transcript into the - lawes of the Twelue Tables, commaunded by the Pythagorians, practised by the - Greeke and Latine cities, and for the antiquitie thereof reuerent; is yet by - Fauorinus, Aristotle, and many others, without iust - cause impugned; they too grossely taking these words of the law, Atooth for - - - - a tooth, a hand for a hand, and an eye for an eye. For - who is so simple, as to think, that he - - 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 - 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 - otherwise be satisfied. As was decreed by the people of Locris, at the request - of one which had but one eye, which his enemie threatned to put out, vpon the - penaltie therefore to loose another of his owne. Wherefore then to render like - for like, is to make him also starke blind, who had made another man blind. So - that to requite like with like, is indeed nothing els, but to punish offences - with punishments aunswerable unto them: that is to say, great offences with - 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 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 - put out, which had put out another mans eye: but the estimation of the eye put - out, was vsually by the discretion of the judges in money valued. For proofe - whereof let it be, that before the law of like punishment, there was a - - Exod. 21. law, wherby it was ordained, That if - two men fighting, one of them should hurt another, but not yet unto death, hee - which had done the hurt, should pay the - Physitians for the healing thereof. But to what end should he so pay the - Physitian, if he which did the hurt were in like sort to be himselfe wounded? - 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, - 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 - punishing of persons of con dition and qualitie farre vnequall. - punishment, is himselfe in such errours entangled as he sought to eschew. For - he saith, That in punishing of him which hath - deceiued his companion, or committed adultery, we are not to respect whether he - were an honest man, or an euill liver before or not; but to punish the offence - with Arithmeticall equalitie, or Commutatiue Iustice, as hee tearmeth it. But - what indifferent equalitie shall that be of the same punishment, if it shall by - Arithmeticall proportion be inflicted vpon persons of qualitie and condition so - farre vnlike? Or what Shoomaker is so ignorant or foolish, as to shape one - fashioned shoo, or of the same last, to every mans foot? Creditors also in time - equall, but in theArithmetical proportion of iustice not to - be admitted euen in meere civill cau. summe - of their debt vnequall, are of the goods of their broken debtor to bee paid by - proportion Geometricall: as if thirtie crownes bee made of the goods of the - broken debtor; he of the two creditors to whome there is but an hundred crownes - due, shall receiue ten crownes; whereas the - other creditor to whome there is two hundred due, shall receiue twentie: who if - they were by Arithmeticall proportion to be paid, should each of them receiue - fifteene. And yet in this case question is but of a meere civill particular - cause resting in exchaunge; which in the opinion of Aristotle, is alwaies by Arithmeticall proportion to be ordered: which - is not onely in this case here propoundedAistotle impugned - for saying, no regard ought to be had, whether the offendor wee before the offence committed, good or bad. - false, but euen in all other also, wherein question is of that which unto every - man properly belongeth, as we shall forthwith declare. Yet where Aristotle saith in punishing of offences no regard ought - to be had, whether the offendor were before good or bad: it sufficiently - sheweth him to have had no knowledge of the order and manner of iudgements, or of iudiciall proceedings. For why, nothing is - more diligently enquired after by the judges, - than what the former life of the partie accused hath bene. Neither is it any - new matter, when as the Persians, long before Aristotles - time, not only enquired after the whole lives of them which were accused (as - yet they still doe) but if their good deserts were greater than their offences, - they fully acquited them also: as Xenophon writeth. And - for the same cause the theefe taken in the third theft, is almost every where - condemned to die, howbeit that the third theft be much lese than the first: and so he also which hath the more - often offended, is more seuerely to be punished than he which hath more seldome - gone astray. Wherein Aristotle is againe deceiued, in - that he deemeth a stolne thing ought by Arithmeticall proportion to bee made - euen with particular interest of him from whome it was taken or stolne. Whereas - the lawes of - - Solon, the lawes of the Twelue Tables, and the emperours - by their lawes, condemne him which hath stolne any thing, to restore the double - or the treble, yea and sometime foure fold the worth of the thing stolne, - beside the perpetuall infamie thereof ensuing. Yea the law of God willeth, That - for an oxe stolne, restitution should bee made iue - old unto him from whom he was so stolne: both for - that a more profitable beast is not by God giuen unto man, as also for the - necessitie there is to leaue such beasts oft times in the field: where they - roaming vp and downe, have for their more assurance the greater penaltie set - vpon them being stolne: and hereunto some other people have ioyned corporall - punishment, yea euen unto the paine of death.

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And not to speake of criminall causes onely, but of meere civill causes also, - one in the - - Arithmeticall Iustice to faile euen in meere civill - causes. selfe same fact gaineth the cause, & in another place - looseth the same: one hath interest for his debt, and another hath nothing: and - amongst them which shall in the same case have interest, some one shall pay ten - times so much as another: which for that they bee matters common unto all such - as have any experience in iudiciall causes, there need not many examples; one - therefore shall suffice for the manifesting of the matter. A Lapidarie breaketh - a diamond which he by couenant should have enchased in a ring; he is bound to - pay the price of the stone be it neuer so great, yea although hee therein have - used no fraud or deceit, but euen for that onely that he tooke it vpon him to - do it as a workeman: whereas yet had he bene a man of another condition or - occupation, hee should not have paid the price of the pretious stone so broken, - except hee had before taken the daunger - thereof vppon him, or by fraud or deceit broken the stone.

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Now all the lawes both auntient and new, with the common course and - experienceHarmonicall Iustice to hue place when question is bu of priua mens right and interest as well as - when question is of penalti and fies. of iudgements, teach vs that Harmonicall - proportion of iustice ought as well to take place when question is but of - 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 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 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 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 subects all in another article beeing of diuers qualities - and conditions also: And then the Geometricall proportion shewing it selfe - betwixt the nobilitie and the marchants, betwixt the marchants and the - colledges, and againe a certaine of the other subiects - compared among themselves, and with their - superiours. And this proportion of Harmonicall Iustice is also in some sort - kept, and yet cut somewhat short by the law of Orleans, established by Charles the ninth at the request of the people: whereby - the debtor condemned for money too long detained, is bound to pay after eight - in the hundred interest unto marchants, and unto other lesse; but unto - husbandmen, persons hired, and all sorts of labourers, the double of the money - due: both the chiefe points of which law is now growne out of vse, howbeit that - it was with the greatest consent of the courts published. For why, that which - concerneth every priuat mans right and interest, consisteth in matter of fact, - & not in matter of law; as Paulus the lawyer most - wisely aunswered, which his one reason hath euen by the root ouerthrowne all - the long discourses of all the interpretors, so diuers and so vnlike themselves, concerning every priuat mans right and - interest: all which Iustinian the emperour had thought - 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 - every priuat mans right and interest how farre it concerneth him, is by our - lawes wisely left unto the discretion of the judges, for that it can no more - certainly by positiue law be defined or set downe, than can the great Ocean sea - into a small chanell be enclosed or shut vp. But yet the inequalitie is much - greater in the law of Venice, which forbiddeth to take interest either in - commodities or in money, aboue six in the hundred: which although it be a thing - tollerable, and is called of the Latines Vsura ciuilis, - or, civill interest: yet is that law not so long agoe made, now againe growne - out of vse, and not either publikely or priuatly kept: for that it in every respect containing Arithmeticall - equalitie, regardeth not the most vnlike condition and qualitie of persons.

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And howbeit that in the particular contracts and conuentions, and exchaunge - ofArithmetical proportion of iustice not alwayes observed - euen in particular contracts and conuentions, wherein it is yet best of all - to be liked. things, that Arithmeticall proportion of equalitie be - best to be liked; yet is it not euen therein alwayes observed and kept, the - 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 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 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 - both, the poore man cured with the rich, and the Surgion so gaining wealth, and - the other their health. After which proportion euen the judges themselves have - used to esteeme their paines, and therefore to demaund their honourable fees: - which we see to have alwayes bene lawfull for them to doe, so that therein they - exceed not measure. As I remember it to have happened unto a certaine Prouost - of Paris, whose name I will - - Harmonicall proportion to be used by the iudges euen in - taking of their fees. easily passe ouer, who for adiudging the lawful - 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 - sentence for: and that forasmuch as he did many such things for poore men - without any fee at all, that it was but right and reason that the richer when - they came should make him an amends therefore in paying of him deeper fees. - Whereunto the President pleasantly▪ said, Him in so - doing to serue them as his Taylor did him, who tooke of him twice as much for the making of him a veluet gowne, as he did - for making of him one of cloth. So the law of Milan, which appointeth, That the - judge may for his fee take the hundred part of the value of the suit, so that - hee exceed not two hundred crownes, would seeme unto Ranconet vniust: every corrupt judge so without any proportion at all, - extorting from all men, what he saw good. For that such the suit may be for a - slight matter but often crowns, as that therein oftentimes more paines is to be - taken by the udge than in a suit of ten thousand - crownes: the marchant so still gaining by the rich, what he looseth by the - poore.

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Wherefore both in making of lawes, and in deciding of causes, and in the - wholeArithmetical proportion most necessarie to be - observed in the whole gouernment of the Commonweale. gouernment of - the Commonweale, we must still so much as possible is, obserue and keepe that Harmonicall proportion, if we will at all - maintaine equitie & iustice: wher as otherwise it - will be right hard for vs in the administration of iustice, not to doe great - wrong. As doth the law of inheritance, which adiudgeth all unto the eldest, - whether he be noble or base; of auntient time used by Lycurgus in the inheritances of the Lacedemonians, and with vs in the - countrey of Caux. Lesse vniust, and yet vniust too, is the law which giueth all - the noble mans inheritance unto his eldest son; and an annuitie of the third or - of the fift part unto the younger brethren, for them to have during their, - 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 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 - Arithmeticall proportion, without any difference of persons at all. But how - much more vprightly and iustly hath the law of God dealt herein? which - following the Harmonicall proportionHarmonical proportion of - iustice euen by the law of God observed in the conferring of inheritance, - & inflicting of punishments. of iustice, giueth onely unto the - sonnes the land, and unto the daughters part of the mouables, or money to marry - them with; to the end the houses should not by them be dismembred: and amongst - the males allotteth two parts unto the eldest, and to the rest euerie one of - them a part: and the father dying without heires male, the same law commaundeth - the women to diuide the inheritance indifferently amongst them, and yet to marrie with the next of their house or tribe, - that the land might not bee carried out of their stocke and kindred. Wherein - Geometricall proportion is to be seene betwixt the eldest and the rest, as also - betwixt the males and the females: and Arithmeticall equalitie betwixt the - younger brethren, as amongst the daughters also. So when it is said by the law - of God, That he which hath deserued to bee chastised or beaten, shall be - punished according to the fault by him committed; yet is it by the same law - forbidden to giue him aboue fortie stripes. Which law is made according to - Harmonicall iustice: For why, it is left unto the discretion of the judge, - after such a proportion, to iudge unto fortie stripes, according unto the - equalitie of the persons and of the offences committed: Wherein the - Arithmeticall equalitie is also seene, in that it is forbidden the magistrat to exceed fortie stripes, the certain number - by the law appointed. Wherin he that hath the more offended, and yet hath not - deserued death, is no more punished in this respect of fortie stripes, than he - which hath lesse offended. Whereof the law yeeldeth this reason, least the - partie condemned, lamed with many stripes, should so become vnprofitable both - unto himselfe and the Commonweale. For that it might have bene obiected, That - he which more grieuously offended, was the more grieuously also to have bene - punished, euen aboue the said number of fortie stripes: howbeit that indeed it - is better to stay within a measure, than through too much seueritie to do any thing vniustly, which unto vs is a certaine - argument drawne from the law of God, That the - true iustice, and the fairest gouernment, is that which is by Harmonicall - proportion maintained.The Aristocratique and Popular - estates, not to be maintained by Geometricall or Arithmeticall iustice, - without a mixture of Harmonicall iustice also. - -

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And albeit that the Popular estate more willingly embraceth the equall lawes - and Arithmeticall Iustice: and the Aristocratike estate contrariwise loueth - better the Geometricall proportion of iustice: yet so it is, that both the one - and the other are for the preseruation of themselves constrained to intermingle - with themselves the Harmonicall proportion. Whereas otherwise the - Aristocraticall Seignorie excluding the common people farre from al estates, - offices, and dignities, not making them in any sort partakers of the spoyles of - their enemies, nor of the countries conquered from them; it cannot be that the - estate can so long stand, but that the common people beeing neuer so little moued, or neuer so small occasion presented, - shall reuolt, and so chaunge the estate, as I have by many examples here before - declared. And therefore the Venetian Seignorie, which is the most true - Aristocratie (if euer there were any) gouerneth it selfe Aristocratically, - bestowing the great honours, dignities, benefices, and magistracies, vppon the - Venetian gentlemen; and the meaner offices which have no power belonging unto - them, vpon the common people: following therein the Geometricall proportion of - the great to the great, and of the little to the little. And yet to content the - common people, the Seignorie hath left unto them the estate of the - Chauncellour, which is one of the most worthy and most honourable places in the - citie, and perpetuall also: and more than that, the offices of the Secretaries - of the estate also, which are places verie - honourable. Yea moreouer an iniurie done by a Venetian gentleman unto the least - inhabitant of the citie, is right seuerely corrected and punished: and so a - great sweetnesse and libertie of life giuen unto all, which sauoureth more of - popular libertie than of Aristocraticall gouernment. And that more is, the - creation of their magistrats is made part by choyce, and part by lot: the one - proper unto the the Aristocratique gouernment,The estate of - Venice Aristocratique, and the gouernment for most part Harmonicall. - and the other unto the Popular estate: so that a man may well say, that the - estate of that Seignorie is pure and simply Aristocratique, and yet somewhat - gouerned by Proportion Harmonicall, which hath made this Commonweale so faire - and flourishing.

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Now we have oftentimes said, and must yet againe say (for that many have vppon - - - That the estate of a Commonweale may be of one sort, and yet - the maner of gouernment of another. this rocke suffered shipwracke) - that the estate of a Commonweale may oftentimes be the same with the gouernment - thereof, but yet more often quite different from the same. For the estate may - be Popular, and yet the gouernment Aristocraticall: as in Rome after the kings - were driuen out (wee said) the estate of that Commonweale to have bene Popular, - for that then all the soueraigne rights were in the power of the whole people - in generall; and yet the manner of the gouernment of that citie and Commonweale - to have bene from the Popular gouernment most farre different. For that the - Senators alone enioyed the great benefices, honours, dignities, and places of - commaund: all the wayes and entrances thereunto being by the nobilitie holden - fast stopt vp against the comminaltie, yea and that so straitly, as that it was - not lawfull or permitted for any of the common - sort to marrie with any of the nobilitie; either for any noble woman to marrie - but with some one of the nobilitie, but the noble still marrying with the - noble, & the base with such as themselves were: and the chiefe and - principall voyces which were giuen in their greatest assemblies of estate, and - most regarded, were still taken by their wealth and yeares. So that the estate - being then Popular, and the manner of the gouernment Aristocraticall, according - to Geometricall proportion, the people oftentimes reuolted from the nobilitie: - neither was the estate euer quiet from civill tumults and seditions, vntill - that the common people had by little and little got to - be partakers also in the greatest benefices, honours, offices, and places of - commaund, that were in the Commonweale: and - that it was permitted them also to allie themselves in marriage with the - nobilitie, as also to have their voyces as well as they. And so long as this - Harmonical gouernment (that is to say intermingled with the Aristocratique and - Popular estate) continued, the Senat yet bearing the greater sway, so long that - Commonweale flourished both in armes and lawes; but after that the gouernment - (through the ambition of the Tribunes) became altogether Popular, and as the - heauier weight in a ballance ouerweighed the lighter, all then went to wracke: - no otherwise than as when the sweet harmonie of musicke being dissolued, and - the harmonicall numbers altered into numbers of proportion altogether equall - and like, therof followeth a most great vnpleasant and foule discord: the like - whereof there raised amongst the citisens - neuer ceased, vntill that the estate was quite thereby chaunged, and indeed - vtterly ouerthrowne. So may wee also iudge of all other Commonweales; neither - have wee thereof any better 'example than of the popular estates of the - Swissers, which the more that they are popularly gouerned, the harder they are - to be maintained, as the mountayne Cantons, and the Grisons: whereas the - Cantons of Berne, Basil, and Zuricke, which are gouerned more Aristocratically, - and yet hold the Harmonicall meane betwixt the Aristocratike & Popular - gouernment, are a great deale the more pleasing, and more tractable, and more - assured in greatnes, power, arms and lawes.

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Now as the Aristocraticall estate founded vppon Geometricall proportion, and - gouerned - - The Royall estate Harmonically gouerned, to be the fairest, - the happiest, and most perfect. also aristocratically, giueth unto - the nobilitie and richer sort the estates and honours: and the Popular estate - contrariewise grounded vppon Arithmeticall proportion, and gouerned popularly, - equally deuideth the monies, spoyles, conquests, offices, honours, and - preferments unto all alike, without any difference or respect of the great or - of the little, of the noble or of the base and common person: So the royall - estate also by a necessarie consequence framed unto the harmonicall proportion, - 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 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 - his owne cruelties. But my speech and meaning is of a lawfull King, whether he - be so by election, for his vertue and religion, by voyce chosen, so as was Numa; or by diuine lot, as was Saul; or that he have by strong hand and force of armes, as a - conquerour got his kingdome, as have many; or that hee have it by a lawfull and - orderly succession, as have all (except some few) who with no lesse loue and - care favoureth and defendeth his subiects, than if they were his owne children. - And yet such a King may neuerthelesse if he will, gouerne his kingdome - popularly and by equall Arithmeticall proportion, calling all his subiects indifferently without respect of persons unto - all honours and preferments whatsoeuer, without making choyce of their deserts - or sufficiencie, whether it be that they be chosen by lot or by order one of - them after another: howbeit that there beeA Royall estate, - and yet gouerned Popularly and according to Arithmeticall proportion. - few or rather no such monarchies indeed. So the King may also gouerne his - estate or kingdome Aristocratically, bestowing the honorable estates and - charges therein with the distribution of punishmehts and rewards by - Geometricall proportion, making still choice of the nobilitie of some, and of - the riches of others, still reiecting the base poorer sort, and yet without any - regard had unto the deserts or vertues of them whom he - so preferred; but onely unto him that is best monyed or most noble. Both which - - - A Royall estate gouerned Aristocratically, and according to - Geometricall proportion. manner of gouernments, howbeit that they bee - euill and blameworthy, yet is this Aristocratique and Geometricall proportion - of gouernment much more tollerable and more sure, than is that popular and - turbulent gouernment, scarcely any where to bee found, as neerer approching - unto the sweet Harmonicall gouernment. For it may be, that the king to assure - his estate against the insurrection of the base common people, may have need to - strengthen himself with the nobilitie, which come neerer unto his qualitie and - condition, than doth the base artificers and common sort of people, unto whom - he cannot descend, neither with them wel have any societie at all, if he will - in any good sort maintaine the maiestie of his royal estate and soueraigntie, - as it seemeth he must of necessitie do, if he shall make them partakers of the - most honourable charges of his estate and - kingdome. But such an Aristocratique kind of gouernment is also euill and - 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 - 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 - reason whereof is euident, for that the common people is not bound by any good - accord either with the prince, or with the - nobilitie, no more than these three numbers 4, 6, 7: where the first maketh - good accord with the second, that is to say, a fift: but the third maketh a - discord, the most irkesome and vnpleasant that may bee, marring wholly the - sweet consent of the two first, for that it hath not any Harmonicall proportion - either unto the first or unto the second, neither unto both together.

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But it may be, and commonly so is, that the prince giueth all the greatest - honoursGeometrical proportion in distributing of offices, - not good. and preferments unto the nobilitie and great lords, and - unto the meaner and baser sort of the people the lesser and meaner offices - onely; as to be clearkes, sergeants, notaries, pettie receiuers, and such other - 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 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 - similitude betwixt the office of the Great Constable and of a Sergeant: no more - than there is amongst these foure numbers disposed by proportion Geometricall - disiunct, 3, 6, 5, 10: where the two first have the same reason that the two - last have, and the reason of the first unto third, is that of the second unto - the fourth: yet the reason of the second unto the third is discordant and - different from the others, and so disioyneth - the extreames, which so maketh an absurd and foolish discord. And so also are - the orders of citisens and subiects, disioyned one of them from another, so - that no fast or sure band can bee found amongst them. For that the nobilitie - thinketh it an indignitie for them to bee busied with the small offices of the - comminaltie: and the common people againe take it in euill part themselves to - be excluded from the greatest honours of the nobilitie. As in Rome it was not - otherwise lawfull for any of the nobility, whom they called Patricij, to sue for the Tribuneship, but that first he must renounce - his nobilitie, & become a commoner: for as then the Consulship belonged onely unto the nobilie, and the Tribuneship unto the - comminaltie. Which power once granted unto the - people, they forthwith let their weapons fal, and all the sedition & - tumults before common betwixt them and the nobilitie ceased: For why, the - common sort thought themselves now equall with the best, wherin the welfare of - that citie consisted: whereas otherwise the force of the furious multitude - could by no violence have bin withstood. For what the proportiō was of the - Consulship unto the Tribuneship, the same the proportion was of one of the - nobilitie unto a commoner: & againe, the same respect was of a noble man - unto the Consulship, that was of a commoner unto the Tribuneship, in - Geometricall similitude. But forasmuch as it was not lawfull neither for a - noble man to obtaine the Tribuneship, neither for a commoner to enioy the - Consulship, the people was disioyned from the nobilitie, and a perpetuall - discord betwixt the Consuls and the Tribunes - still troubled the citie: in such sort, as in these numbers thus placed is to - be seene, 2, 4, 9, 18: wherein are found two eights by Geometricall proportion - disiunct, and which yet mixed together make the most hard discord that is - possible, by reason of the disproportion which is betwixt 4 and 9, which is - intollerable, and marreth all the harmonie. So was there also almost a - perpetuall discordThe reasons why the Consuls and Tribunes - were alwayes at discord in Rome. betwixt the nobilitie & the - people, vntill that the Consulship, the Censorship, the Pretorship, and the - chiefe Benefices, excepting some few, were communicated unto the people also. - Whereas might it with the same moderation have beene lawfull for the nobilitie - to have obtained the Tribuneship also, yet so as that the number of the - commoners in that societie of the Tribunes might yet still have bene the - greater, and the nobles not enforced to - renouce their nobilitie: no doubt but that the estate so Harmonically gouerned - had bene much the more assured, better ordered, and of much longer continuance - than it was, by reason of the sweet agreement of the citisens among themselves, - and that Harmonicall mixture of the offices and places of authoritie and - commaund in the estate and Commonweale: as in these foure numbers by - Harmonicall proportion conioyned, is plainely to be seene, 4, 6, 8, 12: where - the proportion of the first number unto the second, and of the third unto the - fourth, is a Diapente, or a fift: and againe the - proportion of the first unto the third, and of the second unto the fourth, is a - Diapason, or an eight: and the proportion of the - second unto the third, a Diatessaron, or a fourth: which - with a continuall proportion ioyning the first with the last, and the middle to both, and so indeed all to all, bringeth - forth a most sweet & pleasant harmonie. But it was so farre off, that - gentlemen of auntient houses were in Rome receiued into the Tribuneship (if - they first renounced not their nobilitie, and caused themselves to be adopted - by some base commoner) as it was for the base commoners to aspire unto the - Consulship: which they neuer did, except they had before obtained the greatest - honours of the field, as did Marius; or else by their - eloquence, as did Cicero; or by both together, as did - Cato the Censor. Which yet was a matter of such - difficultie, as that Cicero boasteth of himselfe unto - 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 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, - when as in such a multitude of the common sort, so few of them euen in Cicero his time aspired unto those so great honours, the - nobilitie of great and auntient houses commonly still enioying of them.The Royal estate gouerned Hrmo - nically, the srest and most perfect. - -

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Wherefore it becommeth a good gouernor in a Popular or Aristocratique estate, - and especially a wise king in his kingdome, to vse Harmonicall proportion in - the gouernment thereof, sweetly intermingling the - nobilitie with the comminaltie, the rich with - the poore; & yet neuerthelesse with such discretion, as that the nobilitie - still have a certaine preheminence aboue the base comminaltie. For why, it is - good reason that the gentleman excelling in deeds of armes and martiall - prowesse, or in the knowledge of the law, as wel as the base common person, - should in the administration of iustice, or in the mannaging of the wars, be - preferred before him. As also that the rich in all other respects equall unto - the poore, should be preferred unto such places and estates as have more honour - than profit: and the poore man contrariwise to enioy those offices and roomes - which have more profit than honour: both of them so resting reasonably - contented, he which is rich enough seeking but after honour, and the poore man - after his profit. For which cause and consideration, the wise Roman Proconsull - Titus Flaminius - - taking order for the Thessalian Commonweale, - 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 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 - oftentimes fall out into quarrels betwixt themselves, and so hinder one another - in their charges: as commonly it happeneth betwixt equals. Besides that, of - such a coniunction of magistrats of diuers state and condition (as wee now - speake of) should arise this great profit, That - every one of such magistrats would seeke to maintaineIustice - better administred by magistrats of diuers sort & condition, than by men - all of one estate and degree. the prerogatiue & right of them of - their owne estate and such as themselves were: As in our soueraigne courts, and - in other corporations and societies also, by our customes composed of men of - all sorts, we see iustice and right to bee commonly better, and more vprightly - unto every man administred, than if they wholly consisted of noble men, or of - commoners, or of clergie men, or of any one estate alone.

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But now in civill societies there is no meane better to bind and combine the - little ones with the great, the base with the noble, the poore with the rich, - than by communicating of the offices, estates, dignities, and preferments, unto - all men, as well the base as the noble, according unto every mans vertues and - deserts, as wee have before declared. Which - deserts both now are & euer were of most diuers sort & condition: so - that he which would stil giue the honorable charges and preferments of the - estate unto vertuous and religious men onely, should vttterly ouerthrow the - whole Commonweale:Diuers sorts of deserts, and that vertuous - men onely are not to be preferred unto the honourable places and charges of - the Commonweale. for that such vertuous and deuout men are alwayes in - number much fewer than the euill and wicked, by whome they might easily be - ouercome and thrust out of their gouernment. Whereas in coupling the poore - vertuous men (as I have said) sometime with the noble, and sometime with the - rich, howbeit that they were deuoid of vertue; yet so neuerthelesse they should - feele themselves honoured, in being so ioined with the vertuous, mounted unto - honourable place. In which doing all the nobilitie shall on the one side - reioyce to see euen bare nobilitie rspected, and a place for it left in the - Commonweale, together with men excelling in - vertue and knowledge: and all the baser fort of the common people on the other - side rauished with an incredible pleasure to feelethemselves all honoured, as - indeed they are, when they shall see a poore Physitians sonne Chauncellour of a - great kingdome; or a poore souldior to become at length Great Constable: as was - seene in the person of Michael D' l' Hospitall, and Bertrand Guescheling: who both of them, with many others, - for their noble vertues were worthily exalted euen unto the highest degrees of - honours. But all the subiects grieue and take it in euill part, when as men - neither for the honour of their house, nor for any - their vertues noble, but rather for their loose and lewd lives infamous, shall - be placed in the highest degree of honour and - command: not for that I thinke it necessarie the vnworthyVnworthy persons not alwayes to be excluded from certaine offices and - places of commaund in the Cōmonweale. citisens or subiects to be - altogether kept from all offices & places of command (a thing which can in - no wise be) but that euen they such vnworthy persons may bee sometimes capable - also of certaine offices; prouided alwayes that they bee in number but few, - that their ignorance or wickednesse may not take any great effect in the estate - wherein they are. For we must not onely giue the purse unto the trustiest, - armes unto the most valiant, iudgement unto the most vpright, censure unto the - most entire, labor unto the strongest, gouernment unto wisest, priesthood unto - the deuourest, as Geometricall Iustice requireth (howbeit that it were - impossible so to doe, for the scarcetie of good and vertuous men:) but we must - also, to make an harmonie of one of them with - another, mingle them which have wherewith in some sort to supply that which - wanteth in the other. For otherwise there shall be no more harmonie than if one - should separat the concords of musique which are in themselves good, but yet - would make no good consent if they were not bound together: for that the - default of the one is supplied by the other. In which doing, the wise prince - shall set his subiects in a most sweet quiet, bound together with an - indissoluble bond one of them unto another, together with himselfe, and the - Commonweale. As is in the foure first numbers to bee seene: which God hath in - Harmonicall proportion disposed to show unto vs, that the Royal estate is - Harmonicall, and also to be Harmonically gouerned. For two to three maketh -

a fift; three to foure, a fourth; two to foure, an - eight; and againe afterwards, one to two, - 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 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 - out of the ranke of them: whose maiestie suffereth no more diuision than doth the vnitie it selfe, which is not set nor - accounted among the numbers, howbeit that they all from it take both their - force and power. But the three estates standThe order of the - three estates in a well ordered Commonweale. orderly disposed as they - are, and as they alwayes have yet beene in every well ordered Commonweale, viz. the Ecclesiasticall order first for the dignitie - which it beareth: & the prerogatiue of the ministerie and function thereof - towards God, being yet composed both of noble and of base. Then after them - follow the Martiall men, in whose protection all the rest of the subiects in - 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 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 - all the subiects among themselves; as also of them altogetherThe well ordered Commonweale in some sort figure deuen in the nature of man - himselfe. with their soueraigne prince. Which is also declared, and - in some sort figured euen in the nature of man himselfe, being the verie true - image of a well ordered Commonweale: and that not in his bodie onely, which - still hath but one head, and all the rest of the members aptly fitted - thereunto; but euen in his mind also, wherein understanding holdeth the chiefe - 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 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 under 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 - of the subiects nourishment. And as many men for lacke of understanding live - like beast, smoued with that only which is present and before them, without - mounting any higher unto the contemplation of things intellectuall and diuine, - whom the sacred scriptures call also beasts: euen so also the Aristocratique - and popular Commonweales - - Ionas the last, and Psal. 49. without understanding, - that is to say, without a prince, are in some sort able to maintaine and defend - themselves, though not long: being indeed about to become much more happie if - they had a soueraigue prince, which with his authoritie and power might (as - doth the understanding) reconcile all the parts, and so vnite and bind them - fast in happinesse together: for why no gouernment is more happie or blessed, - than where the reasonable soule of man is gouerned by wisedome, anger and - desire of revenge by true valour, lust by temperance; and that understanding - bearing the rule, and as it were holding the reines, guideth the chariot, - whereafter all the rest follow whether soeuer he will lead them: for so all - honestie, all the lustre of vertue and dutie shall every where flourish. But - when the power and commaund of understanding beaten downe and quite ouerthrowne, anger as a mutinous and vnruly - souldior, and intemperat lust as a turbulent and seditious people, shall take - vpon them the gouernement, and so inuading the state, shake wisedome and - understanding, and thrust it out of place: every Commonweale must needs euen - like the powers of the soule and mind needs so fall into all manner of reproch - and filthinesse of vices. So that nothing is more like unto a well gouerned - Commonweale, than that most faire and fit comparison of the soule and the - powers thereof, there being therein so established a most Harmonicall - proportion of iustice, which giueth to euerie part of the soule that which unto - it of right belongeth. The like whereof we may say also of the three estates of - a Commonweale, guided by Wisedome, Fortitude, & Temperance: which thee morall vertues - vnited together, and with their king, that is to say, the intellectuall and - contemplatiue vertue, there is thereby established a most faire and Harmonicall - forme of a Commonweale. For that as of vnitie dependeth the vnion of all - numbers, which haveOne soueraigne prince alwayes most - necessarie in a Commonweale no power but from it: so also is one - soueraigne prince in euerie Commonweale necessarie, from the power of whome all - others orderly depend. But as there cannot bee good musicke wherein there is - not some discord, which must of necessitie be intermingledThat the bad are to be mingled with the good, for the making of a good - Harmonicall proportion in a Cōmonweale to giue the better grace unto - the Harmonie (which the good Musitian doth, to make the consent of the fourth, - the fift, and the eight, the more pleasing and tunable, some discord running - before which may make the consent much more sweet unto the eare; as do also - cunning cookes, who to giue the better tast unto their good meates, serue in therewith certaine dishes of sharpe and - vnsauerie sauces; and as the cunning painter, to grace his picture, and to giue - a better show unto his brighter colours, still shadoweth the same with blacke, - or some other darke colour (for that the nature of all things in the world is - such, as to loose their grace, if they tast not sometime of disgrace; and that - pleasure alwayes continuing becommeth vnsauorie, daungerous and vnpleasant): So - also is it necessarie that there should be some fooles amongst wise men, some - vnworthy of their charge amongst men of great experience, and some euill and - vitious men amongst the good and vertuous, to giue them the greater lustre, and - to make the difference knowne (euen by the pointing of - the finger, and the sight of the eye) betwixt - vertue and vice, knowledge and ignorance. For when sools, vitious, and wicked - men, are contemned & despised, then the wise, vertuous, and good men, - receiue the true reward and guerdon for their vertue, which is honour. And it - seemeth the antient Greekes in their fables, to have aptly shadowed forth unto - vs that which wee have spoken of these three kinds of Iustice, giuing unto Themis three daughters, viz. - - : that is to say, Vpright Law, Equitie, and Peace: - which are referredThe three daughters of Themis to represent - the three proportions of Iustice. unto the three formes of Iustice, - Arithmeticall, Geometricall, and Harmonicall: howbeit that peace which - shadoweth forth Harmonicall Iustice, is the onely scope and summe of all the - lawes and iudgements, as also of the true Royall gouernment: so as is - Harmonicall Iustice the end both of Arithmeticall and Geometricall gouernment - also.

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But these things thus declared, it remaineth for vs to know (as the chiefe - point ofThe world to bee made and gouerned also by - Marmonicall, and not by Geometricall proportion, contrarie to the opinion of - Plato. this our present discourse) Whether it be true that Plato saith, God to gouerne this world by Geometricall - proportion: For that he hath taken it as a ground, to shew that a well ordered - Commonweale ought (to the imitation of the world) to be gouerned by - Geometricall Iustice: Which I have shewed to be contrarie, by the nature of the - vnitie, Harmonically referred unto the three first numbers: as also by the - intellectuall power, compared unto the three other powers of the soule: and by - a point compared to a line, a plaine superficies, or other solid bodie. But let - vs goe farther, for if Plato had looked neerer into the - wonderfull Fabrike of the world, hee should have marked that which hee forgot in his Timeo, viz. - The Great God of nature to have Harmonically composed this world of Matter and - Forme, of which the one is maintained by the helpe of the other, and that by - the proportion of equalitie and similitude combined & bound together. And - for that the Matter was to no vse without the Forme, and that the forme could - have no being without the matter, neither in the whole vniuersall, neither yet - in the parts thereof: he made the world equall to the one, and semblable to the - other: equall unto the matter whereof it is made, for that it comprehendeth - all: and semblable or like unto the forme, in such sort as is the Harmonicall - proportion composed of the Arithmeticall and Geometricall proportions equall to - the one, and semblable to the other, being one of them separate from another - vnperfect. - -

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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 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 - bond of Harmonie, bound together this world of matter and forme, equall to the - one, and like to the other: equall indeed to the matter, so that there is - nothing thereof wanting, or yet superfluous: - but yet like unto that euerlasting forme, which he the most wise workeman had - in his mind before conceiued, before he made that so great and excellent a - worke: as we read in the holy * Scripture. - - en. 1. - -

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And as for the motion or mouing of the celestiall Spheres, wee see that God - hath made one motion equall, which is the swift motion of the superiour Sphere: - and another vnequall, which is the motion of the Planets (contrarie unto the - former:) and the third the motion of Trepidation, which containeth and bindeth - together both the one and the other. And so if we should enter into the - particular nature of other worldly creatures also, we - should find a perpetuall Harmonicall bond, which vniteth the extreames - by indissoluble meanes, taking yet part - both of the one and of the other.The Harmonical bond - wherewith the world and the parts thereof are indissolubly bound and vnited - together. Which coherence is neither agreeable unto Arithmeticall nor - Geometricall, but euen proper unto the Harmonicall proportion onely: wherein - the sweetnesse of the consent consisteth in tunes aptly mixt together: and the - harsh discord, when as the tunes are such as cannot fitly be mingled together. - So we see the earth and stones to be as it were ioyned together by clay and - 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 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 - live by land onely, and those which live by water onely, are those which they - call Amphibia, or creatures liuing by land and water - both, as doth the Beuer, the Otter, the Tortoise, and such like: as betwixt the - fishes and the fouls are a certaine kind of flying fishes: So betwixt men and - beasts, are to bee seene Apes and Munkies; except we shall with Plato agree, who placed a woman in the middle betwixt a - man and a beast. And so betwixt beasts and angels God hath placed man, who is - in part mortall, and in part immortall: binding also this elementarie world, - with the heauens or the celestiall world, by the aethereall region. And as a - discord sometimes (as we said) giueth grace unto the sweetest Harmonie▪ so God - also hath here in this world mingled the bad - with the good, and placed vertues in the middest of vices, bringing forth also - certaine monsters in nature, and suffering the eclipses and defects of the - celestiall lights: as also the Surd reasons in Geometricall demonstrations: to - 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 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 - vna commemoratione praedicarentur, - - I have stirred thee vp (saith he) that I might - in thee declare the force & glorie of my power, that so all my acts might - with one report of all men bee praised throughout the whole world. And these - things truely belong unto the most true report of the things then done in - Aegypt: but there lieth hidden therein a more diuine meaning than that, - concerning the great Pharao, the worker and father of - all mischiefe, whome the sacred Scriptures declare by the name of Leuiathan: and yet in this all the diuines agree, this of - all others the greatest enemie of God and man, to bee still by the becke, word, - and power of God, kept in and restrained: and all the force and power of those - mischiefes and euils by him and his wrought (which we so much both fret and - maruell at, and without which the power of the good should neither bee, neither - yet be at all perceiued) to be shut vp within the bounds of this elementarie - world: and aboue the same to be nothing but - that which is holy and cleane from all filth and wickednesse; in such sort, as - that that little staine of euils here shall much more profit than hurt. Whereof - Augustine speaking, saith well, Qui - Deum immortalem vllum mali dedecus perpessurum negat, nisi maius bonum - consequi certo sciret, Who denieth that the immortall God would euer - suffer any euill or wickednesse to bee done, but that hee most certainly - knoweth a greater good to ensue thereof. Wherefore as of Treble and Base voyces - is made a most sweet and melodious Harmonie, so also of vices and vertues, of - the different qualities of the elements, of the contrarie motions of the - celestiall Spheres, and of the Sympathies and - Antipathies of things, by indissoluble meanes - bound together, is composed the Harmonie of the whole world, and of all the - parts thereof: So also a well ordered Commonweale is composed of good and bad, - of the rich and of the poore, of wisemen and of fools, of the strong and of the - weake, allied by them which are in the meane betwixt both: which so by a - wonderfull disagreeing concord, ioyne the highest with the lowest, and so all - to all, yet so as that the good are still stronger than the bad; so as hee the - most wise workeman of all others, and gouernour of the world hath by his - 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 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 - understanding in the powers of the soule, and the center in a circle: so - likewise in this world that most mightie king, in vnitie simple, in nature - indiuisible, in puritie most holy, exalted farre aboue the Fabrike of the - celestiall Spheres, ioyning this elementarie world with the celestiall and - intelligible heauens; with a certaine secure care preserueth from distruction - this triple world, bound together with a most sweet and Harmonicall consent: - unto the imitation of whome, euerie good prince which wisheth his Kingdome and - Commonweale not in safetie onely, but euen good and blessed also, is to frame - and conforme himselfe. - -

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Laus Deo vni & trino in secula seculorum. Amen.

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Imprinted at London by Adam Islip. 1606.

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