This pointer pattern extracts book and poem
This pointer pattern extracts book
THE SIX BOOKES OF A COMMONWEALE. Written by I. BODIN a famous Lawyer, and a man of great Experience in matters
of State.
LONDON
Out of the French and Latine Copies, done into English,
by RICHARD KNOLLES.Impensis G. Bishop. 1606.
Rex & Lex.
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 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,Demetrius the pirat by way of reproach said
to Alexander the great,Alexander, not to the revenge of
the just reproach given him, but unto commiseration, with a certaine remorse of
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.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 Cicero himselfe confesseth him to have
seene the Commonweale of Marseils in Province to have
fallen,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 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
Now if the greatest felicitie and happinesse of one citisen, and of a whole
Citie,Aristotle sometimes
followingMarcus 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,viz. That those
things be first provided
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, althoughAristotle,
according Plato, and also accounting it
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:
But as in this fabrick of the world (which we may cal the true image of a
perfect and
The Lacedemonians are reported to have alwayes bene valiant and couragious
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 Aristotle
and Xenophon. Wherefore as a familie well and wisely
ordered, is the true image of a Citie, and the domesticall government,
Wee said a Commonweale to bee a lawfull government 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 Appuleius, referring the
number of fifteene unto three entire families.Salomon King of the Hebrews; and sixe hundred children,
as had Hermotimus king of theCrassus; 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 אלף, not
for that a family containeth a thousand persons, as saith one Rabbin,
but of the word אלוף,οἴκω, 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,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 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 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
greatestPlut. in Emili. The greatest & best peopled citie
no more a commonweale than the least.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 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,Hellespontus:
or as is now also the Pau. Iovius
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,Romulus, called Agraria, all the lands of Rome, at that time containing
eighteene thousand acres, was divided intoCincinnatus the Dictator himself 260
yeres after had no more but two acres of land, which hee with his owne hands
husbanded. But howsoever 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 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
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:and
1431.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
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 Ius familiare, were
made Camillus complained with Livie,
Sacred privat Rites, firme be they for ever: which M.
Tullius translated into his lawes. And thus much in
generall, concerning the similitude
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 commaundementEva, it was said of Adam,
Male and female created he them 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
Homer) to the end
that he may be a law unto his familie: and repugnant 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
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
Tiberius
the Emperour; for that the husband putting away his wife for
adulterie, or himselfe attaintedMarcus 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 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 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 Olorus
King of Thracia compelled the Dacians overcome by their
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 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 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
afterwardsRomulus, 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 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
Theodora the Empresse having got the maisterie over Iustinian 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 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 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 Iustinian,
it is by our custome permitted unto the wife wronged or
evill entreated by her husband, to require seperation. And yet for all 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 Rabi Ieïel of Paris gave unto
In the yeare of Christ 1240.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 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,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 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.
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 Euripides: so beseemeth
it not the husband under the shadow of this power, to make a slave of his wife.
And wheras Marcus Varro
Homer bringing in
Iupiter reproving his wife Iuno,
and seeing her rebellions, useth great threats, but proceedeth unto no further
extremities. And Cato commonly
Now the law of God, and the holy tongue, which hath named all things
accordingBahal, 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
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
Seneca) hath
power over his subiects, the Magistrat over priuat men▪ the Father over his
children, the Maister over his schollers, the Captaine over his souldiers, and
the Lord over Proclus the Academick. Plato also
hauing 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 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 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 upon 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 Seruia, which condemneth Adrian the Emperour had vnderstood, 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 Seneca speaking
All this that I have said, and the examples of fresh memorie by me produced,
serueIustinian the Emperour deceiueth vs in saying that no people had such
power over 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
ofCaesar) 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 Cassius threw his sonneAgraria (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 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,Iupiter, who had onely attempted in offensiue manner, but
to touch the 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,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
But impossible it is that the foundation of a Commonweale being euill laid,
(that is Augustus Caesar; at which time wee
read the magistrats to have bene almost alwayes occupied in punishing of such
as had murthered their parents.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 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 upon 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 Vlpian and Paul the Lawyers, the
power that fathers Alexander
Seuerus. And yet is there no expresse law to be found which hath taken
from parents the power of life and death, before the time of Constantine the great: neither did that law of Constantine directly in expresse tearmes abrogat the old lawes: Dioclesian the Emperour but a little before Constantine hauing decreed that the Iudge ought to giue
such sentence against the sonne as the father was willing vnto. Now it is
manifest by the law, that a positiue law cannot bee 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 Theodosius the yonger, That the proprietie of all manner
of goods in generall howsoever 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 up the hearts of the
children, as that they oftentimes commaund their parents, by necessitie
constrained to obey them, or to die for hunger.
Iustinian also would not that children should be set at
libertie by their parents withoutRomulus to nourish his sonne, but vntill he be seuen
yeares old. And although 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 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.
But the fathers thus dispoiled of their power, and of the goods got by their
children,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 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 upon 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,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 over 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 haue
alwaies had in detestation.
Now if some shall obiect it to be a thing dangerous, least some furious or
prodigallPompeia subiect to the paine of
parricides: for why? the law presumeth that he would not without good and iust
cause so doe; and hath priuatly giuen power unto him to kill the adulterer and
his daughter found in the fact together. All most certaine and vndoubted
arguments, whereby it is to be vnderstood,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,
hauing by chaunce without any such purpose slaine him with a blow upon 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 Fabius Gurges gaue vs well to vnderstand, who
being Consull, and seeing his father a priuat man mounted on horseback comming
towards him,Brutus his two sonnes, and after him L.
Torquatus the Consul, who hauing 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
We have before said▪ fathers to have had that power of life and death ouer
themIustinian 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 Iacob himselfe to have adopted Ephraim and Manasses
Moyses, whome the kings daughter▪ 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 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
Tacitus) had every oneTheodosius 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
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 over their adoptiue children, that they had over their 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 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 hauing no more children but Cornelia
the mother of the Gracchi, adopted the sonne of Paulus
Aemilius, afterwards Africanus the younger, whome he left the inheritor not of
his name only, but of his goods also. And so also Caefar
the Dictator, hauing no children of his foure wiues, more than Iulia, which was married to Pompeius, adopted Octauius his sisters sonne,
whom by his will he made heire of three parts, with charge that he should beare
his name; whereby his owne fathers name was taken away, and hee knowne by the
name of his adoptiue father. And he againe hauing no children but Iulia (whome he called the Impostume of his house)
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, Piso before Aurelianus
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 up. 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 hauing 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
Claudius the
Emperour was euil spoken of, for being persuaded by the inticement of Agrippina his second wife, he had adopted Nero her sonne, hauing sonnes and one daughter by his
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 Alphonsus king of Aragon, whom she had before 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
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 hauing got that office, caused himselfe presently toSonne added unto the lawes,
testaments, or other lawfull acts was to be extended unto
Famulus and Famulatio,
for that it had in it a great number of Slaues: 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
slaues Famuli, the auntients not without cause have called
this multitude of Slaues and seruants a Familie. And Seneca willing to show of what moderation a Master ought to be toward
his Slaues, 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 Slaues,
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
over their Slaues, 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.
Now every Slaue is either naturall, that is to wit, begotten of a woman Slaue,
or 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 upon his goods, Dioclesian, who caused the same law afterward to be
published upon paine of death.
And thus much concerning all sorts of slaues: for as for them which are taken
by theeves or pirats, or by false titles are sold for slaues, 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 agreementBrutus after that Caesar was
slaine, to cause certaine money to be coined * with the impression of a cap
upon it; as hauing setNero, the common people went up and downe the streets with caps upon
their heads, in signe of their libertie. And 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 slaues, 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
whome
But as concerning Slaues, there are two great difficulties, not yet resolued
upon: theAristotle is of opinion that the seruitudeIustinian in so saying. Now if it were contrarie unto nature, that one
man should have power of life and death over another, there should be neither
kingdoms nor seignories,
These arguments have some good show to proue that seruitude is naturall,
profitable,Tiberius the Emperour: for long time before, thePlutarch
writeth) but Achilles (as Homer
reporteth) sacrificed unto his dead friend Patroclus
with the slaughtar of men 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 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 haue
bene, that whatsoeuer man or beast was that
yere first borne should be sacrificed. A man might also
bring for example 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
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 slaues is of
right naturall: as also much lesse to attribute it to charitie, or to
courtesie, that the Vespasian, a Roman souldier hauing 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 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 slaues, 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 slaues 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
What should I rehearse the execrable and profuse filthinesse of both sexes,
whichAugustus being at supper in the house of
Vedius Pollio, it chaunced one of the slaues to
breake a glasse; who hauing done no other fault but that (as saithSeneca) was forthwith drawn unto a pond of Lampreis,
which were fed with mans flesh: whereat the poore slaue Agustus, entreating him, not for his life, but that hee might not
after he was put to death be eaten up 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 over into theSynesius 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 up 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 Dion the Historiographer, reporting the
same historie, saith that Augustus could not obtaine
pardon of Pollio for his slaue, neither to haue
commaunded the pond of Lampries to have bene filled up, 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 haue
bene therefore angrie with his friend Pollio. And to
shew that this was no new matter more than two hundred yeares before,Quintus Flaminius a Senator of Rome, caused one of his
slaues to be slaine, for no other cause but to gratifie and please his Bardache,
Pedanius great Pretor of Rome▪ when question
was made of putting to death al his slaues, following (as saith Tacitus) the auntient custome, the common people being
forPetronia had
forbidden slaues without cause to be cast unto the wild beasts: yet was it
neuer obserued, no more than the edict of the emperour Nero, who was the first that appointed commissioners to heare the
complaintsAdrian ordained that
inquisition should be made against such as had maliciously without cause slaine
their slaues: 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 slaues 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 slaues; neither the image of Romulus,
which Theseus
at Athens; neither the image of Ptolemee at Cyrene;
neither the temple ofDiana at Ephesus, could defend the slaues 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 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 upon 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
slaues, for hauing 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 slaues; and the lives of slaues
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 discover their masters, or bring in the head of any one
of them that were by him proscribed? In which feare the citisens were, vntill
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 slaues. But the feare of persecution once
ceasing, the lords and masters themselves became tyrants over their slaues.
So the state of Families and Commonweals is alwaies in daunger of trouble and
ruine,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 slaues 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 slaues. And Italie (victorious over 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 slaues
much differing among themselves in manners, fashions, language, and religion.
And namely M.
Crassus alone had five hundred slaues, 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 slaues, least they should have bene put to
torture to depose concerning the death of Clodius
Tribune of the people. And that multitude of slaues was it for which the Roman
Senate, desirous to put a difference in the habit of slaues, 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 slaues 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
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 upon their armes. And this was it for which the Lacedemonians seeing
their slaues 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 up for the warres: whome
so pressed out, they forthwith caused to be all in one night slaine,
Now this feare that Cities and Commonweals had of their slaues, was the
causeScipio Africanus the Greater, who after
the great ouerthrow of Cannas manumised 300 of his slaues, al able bodies.
Howbeit that Florus writeth, That arms were giuento 8000
slaues; which we also read Cleomenes king of Lacedemonia
finding 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 slaues, as that sometimes 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 slaues, still robbed the State. As Viriatus the Pirat, who made himselfe king of Portugall: Cinna, Spartacus, Tacfarinas,
Simon the son of Gerson,
captaine of the Iewes, who all of base companions made themselves great lords,
by giuing libertie unto the slaues that followed them. And the Augustus and M. Antonius, was not to be seene
but fugitiue slaues stil on the one side or the other: in such sort, as that
after the discomfiture of Sex. Pompeius, there were
found thirtie thousand slaues 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 slaues 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 Charlemaigne, and of Lewes the godly; as is to bee seene by their Edicts then
made against the conspiracie of slaues. And after that also Lothaire the sonne of Lewes, hauing lost two
battels against his brethren, called the slaues 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 slaues hauing
taken up 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.
And this was the cause that the Christian princes by little and little released
their Paulinus
bishop of Nolo, after hee had sold all his goods to redeeme Christian slaues,
at last (which a man would wonder at) sold himselfe also unto the Vandales for
his brethren. And hereof came the manumission of slaues 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 upon (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 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
ChristiansGratian made a law, That the children so exposed and left unto the
world, should be slaues unto them that had Valens the Emperour by an Edict gaue power to euerie man to take up
the vagrant and idle persons, and to cause them to serue them as slaues;
forbidding also and that upon paine of death, any to goe into the woods or
deserts there to live as HerMahomet, who set at libertie
all them of his religion. To the imitation of whome, the Christians also so
frankly set at libertie their slaues, as that all seruitude and slauerie seemed
in that age to have 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 slaues, 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 slaues since the
yeare 1250, or there about. For Bartholus
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 Lewes Hutin, who came to the crowne in the yeare 1313
(the selfe same time that Bartholus lived) set at
libertie all slaues for money▪ to defray the charges of his warres;Charls the fift the French king, wherin in cities every 70 families,
in country villages euerie hundred families, and every 200 heads of slaues,
were be charged with a man at armes; which they should not have done if they
had bene in the possession of another man, & accounted as another mans
goods. So it is also to be vnderstood that is written of Humbert Dauphin, who at the same time by one edict enfranchised all
the slaues 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 slaues, 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 slaues, so that they chaunged their dwelling. And
also the auntient decree of the Parliament of Paris,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 Tertullian, that the patrons had in a manner got that
power unto themselves,Iustinian himselfe by a generall edict restored all France.
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 slaues of strangers so soone
as they set their foot within Fraunce becomeTheodosius the Great,
wherein he had granted, That slaues 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
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.
But now here might a man say, If it be so that the Mahometans have enfranchised
all the slaues of their religion, which hath course in all Asia, and almost in
all Africke,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▪slaues 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 vnto
their lords or maisters religion, yet neuerthelesse they enforced them
Ieremie
Philip the French king draue the Iewes out of his kingdome, confiCharles
the fift had by a generall edict made in the yeare 1540 set at libertie all the
slaues of the West Indies, neuerthelesse a sedition there rising through the
couetousnesse and insolencie of 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 slaues; 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, Sinan Bassa hauing 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
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 slaues; so many murthers,
cruelties, and detestable villanies to have bene committed upon the persons of
slaues by their lords and masters: who can doubt to affirme it to be a thing
most pernitious and daungerous to have brought them into a Commonweale; or
hauing cast them off, to receiue them againe? Now if any man shall say, That
the rigour of the lawes may by forbidding, and seuere punishment moderat the
cruelty of maisters over their slaues: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 slaues
courteously, teach them, and bring them up, yea and that much more kindly than
they do their hired seruans: and they againe So many slaues, so many enemies in a mans
house, showeth right well what friendship, faith and loyaltie a man may
looke for of his slaues. Of a thousand examples of antiquitie I will recite but
one, which happened in the time of Iulius Pontanu, who reporteth, That a slaue seeingAmbrose.) These
reasons beare some show of truth.Spartacus the fensor, who at one time
assembled out of the verie bowels of Italie three score thousand slaues; when
as at the same time aboue fourescore thousand pirats with nine hundred saile of
ships were rouing over all the Mediterannean, and had with so great forces
taken 400 cities upon 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 Charles the Emperour did at Peru: for that
so they hauing nothing to live upon, nor occupation to gaine by, and delighted
with the sweetnesse of idlenesse and libertie, would take no paines: in such
sort that the most part of them died for hunger: but the best way is, by little
and little to enfranchise them, hauing before their enfranchisement taught them
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 Salomon also the maister of wisedom saith in his
Prouerbs, 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 over 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 up only within
the bounds of Palestine: why should 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 over his slaue, and whether slaues
are to be suffered in a well ordered Commonweal. But now that we haue
sufficiently, & yet also as briefly as was unto vs possible, entreated of a
Familie, & of all the parts therof, which is the foundation
A free
subiect holding of the soueraigntie of another man. For
before there was either Citie or citisen, or any forme of a Commonweale amongst
men, euerie master of a familie was a maister in his owne house, hauing power
of life and death over 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 slaues: and amongst them that ouercame, he that was
chosen cheefe and captaine, under whose conduct and leading they 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 veryThucydides, 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 robbPhilo the Iew, and Iosephus by their
testimonies confirme, viz.
by his wealth and power to have first exercised Demosthenes, Aristotle, and Cicero, to have mistakenHerodotus, 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 slaues: 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
Leo of Africke. This was the beginning of
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
Cicero hath noted out of the law of the
twelue tables;Hotes, or Hostes, were in antient time
Acursius) but
straungers, be they another mans subiects, or themselves soueraignes in their
owne countrey.
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 naturallDemosthenes 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 Fabius the Censor, he tooke the surname of Maximus (or of the Greatest:) in which doing he amended the errors of
Appius the Censor▪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 slaues
some are borne, some are made; so also of Citisens some are made, some are
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 slaues, who had bornPericles himselfe hauing lost his children that were
Wherfore of many citisens, be they naturals, or naturallised, or els slaues
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 France.
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 Aristotle hath
definedIulius 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 haue
caried the thing out of the citie, neither to have offended against the law.
Yea the doctors go farther, saying, That hee hath 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 Cicero hath well kept the proprietie both of the one and
of the other: for the wordastuti, which with the
Greeks Vrbani, for that the inhabitants of townes 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 government (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 haue
the right of a citie, and of an vniuersitie,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 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 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 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 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,
prerogatives, 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
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.
But the fault is much more, to say, That he is not a citisen, which is not
partaker of the offices of government, of giuing of voices in the consultations
of the people, whetherAristotle hath left unto vs by writing, which he
afterward correcting himself,Aristotle hath giuen unto vs, is defectiue
and lame, not being aptly to be 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 government.
Wherefore it is better and more truly said of Plutarch,
That they are to bee calledAristotles definition of a citisen should take place, how
many seditions, how many civill warres, what slaughters of citisens would arise
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 upon such onely as
were descended from them whome he himselfe had chosen into the Senat, 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 upstart 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; hauing 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.
Thus we see two sorts of citisens differing in priueledges, that is to wit, the
Roman Claudia, confirmed by a decree of the
Boetius writeth, The Romans sent into the Latin
Colonies, to have lost the liberties of the citie: as also that which Titus Liuius saith, The Roman Colonies sent to Puteoli
and Salerne by the decree of the Senat, to have bene no more citisens: which is
not further to be vnderstood or extended, but to their right for giuing of
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 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 Iulia graunted unto Titus Liuius saith, I am inde morem
Romanis Colendi socios, ex quibus alios in
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 Quidergo? Num Italicus Senator prouinciali potior est? What then? Is
an Italian Senator better than the prouinciall Senator? As if he would haue
said them both to have bene Senators alike. And yet the same emperour excluded
the Frenchmen which had obtained the freedome of the citie of Rome, from suing
for the honours or offices thereof. Whereby is better to be vnderstood that
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 prerogatives 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 concerningIunia graunted to all the citisens of Rome, after that the people had
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 upon 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 Cateline to be strangled in prison:
Caesar
Portia and other lawes were prouided, whereby for men
condemned banishment was appointed. Which law Cicero
hauing transgressed, was therefore not onely driuen into exile, but also
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 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 vnderstood, hee surceased to proceed 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 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 over the citisen of Rome,
neither over the straunger or prouinciall subiect, or over others that were
enfranchised; but onely over their flaues, whome they might at the vttermost
but with stripes correct. For as for the iurisdiction giuen to them that
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
Wherefore this was the greatest and chiefest priueledge proper to the citisens
ofAugustus 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 vnto
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 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
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 Lewes
the eleuenth,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 upon the agreement of the league,
made all the 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 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.
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
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 Plutarch
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 prerogative 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 haue
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 vnto
the Senat and the lawes of the people of Rome, could not 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 Stanislaus Rasdrazetoski sent to the cCharles 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.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 Edward the first gaue the freedome of citisens unto all
the inhabitants of base Britaine; that is to be vnderstood for them to enioy
the 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 mightCicero: Ne quis faederatorum a populo Romano ciuis
reciperetur, nisi is populus fundus factus esset; id est auctor. viz.
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 Augustus to all Senators to goe out of
Italie without his leaue, which was alwaies right straitly looked vnto. And by
the ordinances of Spaine Hanno their great captaine had first discouered the
islands of the Hesperides. And by thePhilip 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,
And albeit that it be lawfull for euerie subiect to chaunge the place of his
dwelling, 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 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 vnto
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: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 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 hauing obtained them, pay his fine unto maisters of the
receipt.
These reasons show not onely the difference that is betwixt a citisen and him
that is none, but also of citisens amongst themselves; and that if we follow
the varietie of priueleges to iudge of the definition of a citisen, there shall
bee five hundred thousand of definitions of citisens, for the infinit
diuersitie of the prerogatives that citisens 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 Sixtus Bishop of Rome, That beuefices should not be
bestowed upon 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 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.
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 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 vnderstand that the decree of banishment made against him at the sute of
Clodius the Tribune, was of none effect: What Roman
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 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
goodsFrance.
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 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 Lewes the younger, and more
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 Abraham
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
forsakeFrederick the second, sent backe unto the
states of the empire, those which demaunded the right of reprisall against the
subiects of the Lycurgus seemeth to
have forbidden the LacedemoniansCicero well foresaw not what harmes hang (as it were) over 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 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.
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
receiuedTheodosius 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 vnderstood the duke his maister to have entred into league with
the other princes, and to have proclaimed warre against him. And howbeit that
the news thereof being come into Fraunce, Granuellan,
Charles his ambassador, was by the kings commaundement there likewise
imprisoned, yet was hee forthwith againe delivered, so soone as it was
vnderstood that the ambassadors and heralds of Fraunce, England, and Charles in so
doing 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 upon 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,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
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,Diodorus. Also the aunHippodamus, 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▪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
Romulus, founder of the citie of Rome, setting
in order the state of his subiects, to keepe them all at peace and unitie among
themselves, assigned unto every one of the hundred gentlemen, or Senators
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 Marcelles had in their protection the citie of Syracusa,
the Antonies had likewise the citie of Boulongne la
Grasse: and so others afterwards tooke upon them the protection and defence of
others also.Auoison, or Auouerie to haue
taken▪ beginning. But the enfranchised clients differ much from the free borne
clients, albeit
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 Ius-commissi: & of the French Droit de
comise.
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
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
All which things tend to this purpose, that it may plainely be perceiued, what
andCharls 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
hauing raised it in his owne territorie, to pursue it into another mans ground:
which yet suffereth this exception, If 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.
But yet before let vs determine the propounded question, Whether a
soueraigneComiter 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,Aequo foedere,
the qualitie is vnderstood, when the one is in nothing superiourEdward 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 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 two
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, noFrances 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
But as those alliances which are defensiue and offensiue towards and against
all personsPomponius
writeth unto Quintus Mutius: For (saith he) if we haue
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 man
But in euerie alliance, league, confederation, or conuention whatsoeuer, it
behouethviz▪ 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 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.
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 haue
hereof example of the Swissers, who are allied amongst themselves, with such
alliance as I have said, since 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 government 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 Festus teacheth vs the Municipes (or enfranchised men) not to haue
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.
Now many I see to be in the same errour, as that the Swissers for like reason
are allviz. Vri, Schwits,Frauncis the first, the French king, by them chosen arbitrator in this
matter. They of Basil also, when in the yeare 1560 they had lent fiftie
thousand crownes unto the French king, they tooke the Canton of Soleure to
themselves in caution▪ but hauing by the common aid of al the Cantons taken in
the bailiwike of Lugan, with certaine other lands beyond the mountaines; euerie
Canton by turne one after another, sent thither their magistrats and
gouernours,
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,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, Vnderuald, 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 upon
paine of death to serue the French king in his warres. And the same yere the
gouernors of the Myrios: by whom the
Lacedemonians were condemned to the seignorie of Thebes,
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 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
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
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 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 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; 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 Strabo: and moreover 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.
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 Antigonus, and Philip the second; and the league of the Aetolians made choice of Attalus king of Asia, as saith 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
Charles
the fift, kings of Castile; who although they were soueraignes in their owne
realmes, were yet neuerthelesse subiects to the empires, as captainesPhilip 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 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 Morlet Musa ambassadour for the French king unto the
Swissers, certified the king, How that the gouernour of Milan (as hauing 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 expresseGuiche the kings
ambassadour to the Swissers had thereof expresse charge (as I have seene by the
instructions that were giuen Sigismund caused the Swissers to take up 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
over 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,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 upon 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 upon 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
Austria; and not for the
right of any preheminence, or superioritie that the empire hath over 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 Austria: which the Swissers
Now seeing that our reasoning is of leagues, and of lawes of armes, question
mightLewes of
Fraunce, duke of Orleance (he which was slaine at Paris) was charge 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 vnderstood, 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.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 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 saAdolph 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 towne
Maiestatem, the Greeks Segnoria, and the Hebrewes Festus saith) is so called of
mightinesse.Optima Lege) so that from them it
was not lawfull to appeale▪ and upon 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,
Liuie, Then the father of Fabius said,
I call
upon the Tribunes, and appeale unto the people, which can do
more than thy Dictatorship▪
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 wa
hauing 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
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;
hauing 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 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
government: shall wee therefore say him or them to
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 citisens
The same we may say of the Regents of Fraunce, created for the infancie, furie,
orCharles 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 seeCharles 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, prerogatives, 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
But suppose that such great power be giuen to a kings lieutenant, or the
gouernourHenrie of Fraunce, duke of Aniou, by king
Charles the ninth his brother, for it was most great and
perpetuall, without any exception 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.
But what shall we then say of him to whom the people have giuen absolute
powerCum 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
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 Caesar thought it lawfull for a man to become villanous.
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 SoueraigntieLooke
up 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 upon. This said, hee is lifted up 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.
The same or like forme of inuesting we may also see to have bene sometimes vsed
inVitus, in a meddow is to be seene a marble stone,
whereunto a countrey pesant unto whom that office of right belonged,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
As for those things which are reported concerning the inuesting of the king of
Arragon,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 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 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 controuersies 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 Fraunce.
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.
So to the contrarie it may be, that some one subiect may be dispensed withall,
andPompey 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 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 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
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 over 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 haue
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, thatBartolus 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: vnto
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 vnto
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,
Fraunce.
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 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 vnderstand, that the lawes of a soueraigne prince,
although they be grounded upon good and lively reasons, depend neuerthelesse
upon nothing but his meere
But further question maybe, Whether a prince bee a subiect to the lawes of
hisAlphonsus, 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
We must not then confound the lawes and the contracts of soueraigne princes,
forCharles 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 upon him the soueraigntie
over the princes electours, nor over 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 Iuliani ad Erigium Regem Anno 1058
Henrico Regnante 32 iiij. Calend.
Iunij. Ego Philippus Deo propiciante mox futurus Rex
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 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
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 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,
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
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 derogatHenry the
5, king of England & France, marying Katherine of
France, sister to Charles the 7,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 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 beforeRelli, then speaker for the people, turning
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 Philip, in the yeare 1552, when he was yet scarce full xxv▪ yeares
old. The aunswers also of the king of Spaine unto theWe 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 Dale,
the English ambassadour, an honourable gentleman Henry the eight to haue
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 vnderstood, 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 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 upon 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 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,Henrie the
sixt was condemned by the estates, to be kept prisoner in the
But yet there remaineth another difficultie to resolue upon, concerning the
aforesaid estates of England, who seemed to have power to commaund, resolue,
and decide of the affaires of state. For queene Marie
hauing assembled them for the passing of the articles of agreement concerning
the marPhilip:
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,
So wee see the principall point of soueraigne maiestie, and absolute power, to
consistPhilip the faire, the custome generall in this
realme, which suffered not him that was ouerthrowne in sute, to be condemned in
charges also, was 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 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.
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
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 upright,
before the Consul sitting, solemnly sweare to the keeping of the lawes? That
seemeth to have beene so done by him for two causes, the one, for that hauing
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 foCaligula the cruell tyrant,Homers Iliades;
And it missed but a little (as saith Suetonius) but that
hee had euen then chaungedTraian, one of the best princes that euer
lived in the world, swore (as is aforesaid)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 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 over their subiects, without appeale; and that the king should haue
no part in their fines or confiscation of their goods; and also that the king
should not giue any office without consent 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 over his owne
subiects than hath the king of Denmarke over his.
But of two things the one must be: that is to wit, the prince that sweareth to
keepeDan. 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 Daniel was accordingly condemned unto the
beasts, and so cast unto the hungrie lions. If then the greatest monarch upon
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
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 up uppon 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,
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 forDaniel: 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 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 reuokedPericles 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 haue
truly written, and Plutarch hath not denied. And that
was it for which hee said to the Lacedemonian 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 upon paine of death, to present any request vnto
Demosthenes hardly withstood Leptines, & so
wrought the matter, that his request was receiued, hauing manifestly showed the
people by consenting to this law, to be dispoiled not onely of the prerogative
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 Pericles himselfe, and another time in favour of Cleomides and Demosthenes, who by
diEdicto perpetuo & irreuocabili sancimus,
&c. By a perpetuall and irreuocable decree we ordaine. And with vs
in the beginningVniuersis 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 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 haue
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 vnderstood out of the Oration 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.
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 hauing 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,
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 Theodosius, whichBaldus 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
Leuius est, & vanius, sua decreta tollere quam
aliorum, It is more lightnesse and vanitie
But what if a prince by law forbid to kill or to steale, is hee not bound to
obay hisSalomon 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 over 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 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 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
There resteth yet another obiection, by them obiected which with more
reasonPacutius 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: ThatAristides 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
But so sometimes things fall out, as that the law may be good, iust, and
reasonable,
Out of this resolution we may draw another rule of estate, that is to wit, that
the soueraigneCharles 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 upright 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;
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 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 haue
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 Philip of Valois, by two
testaments which he made in the yeare 1347, and 1350, (which are in the
treasurie of France 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 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 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 upon 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,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 government 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 upon 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 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 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 upright; 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 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.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
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,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 theThrasibulus (and that not
vnworthily) commended, that hauing ouerthrowne and driuen thirtie tyrants out
of Caesar was
sCaesars 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 Ptolemaeus Philadelphus, he returned into his countrey,
and priSauing 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
All to be the
princes, is to be vnderstood concerning power and soueraigntie,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
allCharls 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 Philip
Maria, duke of Milan, hauing 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.
Thus we have hitherto showed in what sort a soueraigne is subiect unto the
lawesPtolemee 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
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 vnto
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 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
Lord, and dead father: for that we have not taken upon vs
this crowne by right of inheritance as his heire, but by the royall law and
custome generally obserued 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 resolued to discharge his lawfull debts, &c. Onely this
requesting you, to moderat the interest, in such sort as you have vsed,
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 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 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.
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
Timar, which is to say in their language, the Vse and profit, deriued as I suppose of the Greeke 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
hauing thus much said for the explanation of these words, let vs proceed
We have said here before, him to be an absolute soueraigne, who next vnto 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:
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:
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
Which that it may be the better vnderstood, we will make nine degrees of
inferiours,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
We find that the kings of England have giuen their liege faith and homage vnto
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 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, upon 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.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 upon the person of young Arthure his brothers sonne, duke of Britaine, and
lawfull successour to the crowne of England; least otherwise he should haue
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 soueraigntieConstantine king of the Scots, with the rest of the nobilitie of that
country, did fealtie and homage to Adelstan
Baliol king of Scots did fealtie and homage also to the 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 vnto
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 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 government,
excepting yet the earle of Argueil, who seemed alwayes to keepe the state of
soueraigntie.
So might we say also of the king of Denmarke, who is a soueraigne prince in
partCanutus 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 feesIohn 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 Lewes the eight, was not but for the life of him that did
it, as appeared 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 controuersie 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
isGregorie 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 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 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,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
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, hauing soueraigntie over his subiects, or which is
himselfe a naturall subiect. WherforeSeruice, in all matter of fees, and customes, is not preiudiciall vnto
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.
Now when I say, that homage and personall seruice is inseperable from the
vassall;Lewes Sfortia, gouernour of Lombardie, sent his Agent
into Fraunce, to king Charles the eight, to haue
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
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 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 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 hauing his hands
ioyned, and put 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 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 Philip the Victorious, the French king, in the yeare 1209. Yet some
vse another custome.
Shall we then say, a Vassall (that is to say another mans man) although he at
homeLewis 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 Calisthenes the nephew
of Aristotle chose rather to loose his life, than after
the Persian guise, in humble and deuout manner upon his knees to honour Alexander the Great: albeit that Alexander courteously tooke them up with a kisse that so honoured him.
Which was also an vsuall thing with the Romane emperours, when they gaue vnto
the kings that were in their protection, their scepters and diademes. For so
Tiridates king of Armenia being come to Rome, humbled
himselfe upon his knee before the emperour Nero, whom
Nero taking by the hand, lift him up, kissed him, and
taking his turbant from off 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 PontusPrusias king of Bithynia as oft as he went into the Senate, commonly
kissed the threshold of the gate, calling himselfe 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
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 Pa
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, and the cities upon 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
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 thenArnold 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
professedVrban 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 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, upon 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 haue
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 upon
the conditions I have aforesaid: and a yearely Alphonsus king of
Naples, at the denuntiation of pope Sextus, made warre
upon 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 upon the Protestant princes, as was 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 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.
But heresome man will say, How could it be that the emperor Charls the fift, should
I here vnderstand the liege homage properly as it is to bee vnderstood 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
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 vnderstood, as but an
abuse of the words Vassall and Liege: the oathes also of the kings pentioners,
Wherefore againe to returne from whence we have a little digressed. I say
then,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
But most certaine it is, that the naturall subiect ought alwayes to preferte
his naturall 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 upon 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 Peter king of Arragon is set
downe in these words, Ego Petrus Dei gratia Rex Arragonum,
Comes Barcinonae, Dominus
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 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,
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 Peter and Paul, euerie yeare, upon paine of
excommunication after foure moneths, &c. and if after the third time thou
shalt not pay it, thou and thy Iames king of Aragon, did also like homage at Valence,
betwixt the hands of the popes legate, in the yeare 1353, with reseruation vnto
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
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 upon them the
gouernement of the kingdome. And as for the Islands of the Canaries, Nigaries,
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 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, upon condition to hold them by fealty and homage of the 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 Lewes his liege vassall,
and no way bound unto the pope. So that there remained 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: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 upon 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, upon 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 therevnto
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 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
resolued, 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
up 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 up, should be to none effect or purpose, no more
then that of king Iohn
Chartres, whereby the king of England refused that right
giuen unto him by such yeelding up. 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 fiMartine could by no request of the English, be perswaded
to ratifie that league, but called Charles the seauenth,
sonne to Charles the sixt,
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 over other mens citisens
or subiects, such as was Charles the fift. Ioyne
hereunto 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
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.
Whereby a man may easily iudge, that there are few or none absolute
soueraigneMaximilian 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 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.
As for the duke of Ferrara he confesseth euen at this present to hold part of
his seignorie,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:Iulius the second
maintained them to be the Church fees, and in that quarrell made warres upon
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 upon 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 Rodolphe. As also do the Genowayes, who as they say, were
by the same emperour enfranchised. HowCharles the sixt,
the French king: and not long after unto the duke of Milan, who receiued them
upon 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
Maximilian, hauing thrust his
armie into Italie, with the power of king Lewes the xij,
and hauing brought a great feare upon all the cities of Italie, gaue them well
to vnderstand: 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 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 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
controuersies 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 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 upon 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 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
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.
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
Much lesse therefore may the imperiall townes and cities contained within
theFredericke 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
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
theFerdinand, 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 over 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, Lewes king of Germanie his brother. As Vitald, Floard,
and Lambert the best
And albeit that many thinke the duke of Loraine to be an absolute soueraigne,
byviz.
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 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 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,
comprehendedLizet the kings
atturney,
As for the dukes of Sauoy, the Italian doctors with one common errour haue
holdenOsazque 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 Henry the fiSigismund. 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 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.
Charles the
fourth made Charles the sixt Dauphin of Viennois,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
Henrie the fiLewes 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 vnto
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 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
And at the same time as it were the emperour Lewes of
Bauatia made Edward theCambray 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 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 holdPhilip 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 vnderstand, at such time as he of
his imperiall power would have made the countie of Sauoy duke, in the towne of
Lyons▪ against Charles the sixt, to cover 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 Alciat, who hath maintained, that theCharles 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.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 ofTraian 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 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.
We see also that the Germaine Emperors have sent the royall Crownes vnto
theInnocent 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 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 thereupon, by the
power of the French, was not onely thrust out of his kingdom, but sBelluga 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.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, 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 upon 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
upon the maxime set downe by the canonists, That the pope can
do all: the diuines 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 vnderstood, who be absolute soueraigne princes; and
whether the other princes be subiect
For at the beginning, after that pope Gregorie (he which
first called himselfe the seruantPhocas emperour of Constantinople, the prerogative over 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; upon
occasion taken, that Leo the emperour,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 recover 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, uppon this difference cast
themselves into the protection of the kings of Fraunce, who then were the
greatest Monarches of Christendome; Pipin GrandeZacharie, part of the seignorie of Italie, who had before crowned him
king of Fraunce, forbidding the peeres and people of Fraunce to make choyce of
any other for their kings but of the house of Pipin,
hauing publikely pronounced king Childerike for his
sottishnesse to bee vnable for the government. Whereunto the people of Pipin then had the nobilitie and the Pipin had before solemnly promised, and giuen him letters
pattents thereof, That if hee should become victorious over the Lombards, he
should giue unto the Church of Rome the ExaPeters 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 uppon him the name of an emperour:
which title none Pipin being dead, the Lombards
againe tooke up 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 hauing 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 wereLewes the
Gentle, wherewith the French kings busied, lost the prerogative they had in
chusing of the chiefe Bishop. Yet Guitard, a good
antiquarie, who lived in the same time writeth, 3 popes successiuely to haue
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 up
his c
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,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,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 thatGuiscard 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
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 vnto
all men, & himselfe like to be forsaken euen of his own subiects, &
great trobles arising also against him in Italy, fearefully returned into
Germany, hauing obtained absolution of pope Innocent, by
yeelding up his authoritie and power for any more 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 kindredManfred, 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 recover them so long as the pope was their
enemie, they
As for the citie of Rome, sometimes mistresse of the world, they brought it
vnderCharlemaigne hauing 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.
Now if there were any soueraigne prince that were a tyrant, or an heretike, or
thatIohn 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 Lucold duke of
Polonia, who receiued the royall crowne and title, of pope Iohn the xxij, upon 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 weThomas Cramerus. Soveraigntie by the pope pretended
unto the Kingdome of Hungarie.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 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 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 prerogative over 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 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 Iohn Hierusalem, which was composed of eight
sundtie people 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 upon that condition giuen them.
And as for the kingdome of Nauarre, under the colour of excommunication
takenPeter 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
Charles the
ix taken upon him to protect her, as being his subiect, vassall, and neere
kinswoman: which he gaue all Christian princes to vnderstand, unto whose
maiestie the proscription of that most honourable queene might well have seemed
preiudiciall.
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 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.
Now if we graunt the aforesaid cities might have beene giuen unto the bishop
ofOtho 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 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
The same we may say of the election of the bishops of Rome, which the
GermanFrederick the second to have absolution
from pope Innocent the fourth, caused to be delivered
unto 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 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
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 Henry the fourth vnderstood, he sent them Cadol
Alexander. After Alexander succeeded Hildebrand, otherwise called Gregorie the seuenth, chosen also by the clergie, who upon the
grieuous paine of excommunication, forbad all lay men to bestow any
Ecclesiasticall liuings or benefices upon 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 over 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 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 upon him to bestow any spirituall
liuings upon 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 Lewes of Bauaria created Nicholas
the fift bishop of Rome: Iohn the two and twentith, a
Frenchman, then Iohn to come before him, saying the bishops of Rome to be subiect vnto
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 Iohn his mortall enemie at Auignion, where he shut up 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: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.
Lewes of Bauaria,
vntill now.
There is also extant in the Vatican, the forme of the coronation of the
emperors,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
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, wasCharles 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 Ferdinand to imploy their
whole power for the defence of the maEgo 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
upon a faigned courtesie, but indeed in Clement the 5.
But nothing was more base, than that Fredericke the second▪ who to redeeme his sonne
out of prison, lying prostrat upon the ground at the feet of pope Alexander the fourth, suffered him to tread uppon his
head, if the histories be true. Whereby it is well to be perceiued, the
maiestie of the Emperours,Ptolomee and
the Arabians. And that more is, they have alwaies pretended a right unto the
empire: for the imperiall 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 haue
maintained, that the emperour cannot giue up his imperiall dignitie unto any,
but unto the pope: for which they yeeld this reason, That the emperours haue
their soueraigntie of men, and the popes of God: 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 howsoever the Bishop of Rome pretended to have a soueraigntie over 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,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
hauing 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
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 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 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▪ viz. by Gregory
Clement the fourth, Vrban the fift, and Benedict the twelft; whose bulAuctoritate
Apostolica, By the authoritie Apostolicall:Auctoritate Apostolica, vsually put into the
popes buls or decrees, reiected in France.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
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 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 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 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 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.
I will not here touch the greatnesse and soueraigntie of the Negus of AethiopiaPrester Iohn,
whome Paeu. Iouius writeth to have fiftie tributarie
kings under him, or (to say better) gouernours of Prouinces, which yeeld vnto
him not onely their ordinarie tributes, but also their fealtie and homage, and
that in greater humilitie,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.
As for those princes which are no Christians, I have nothing to say, for the
small assuranceMusulman (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
Ioiada the high
priest, hauing consecrated Ioas king of Iuda, set a
crowne upon his head. But the Musulman princes think that chapter not to haue
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 upon them the name of the 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 memberHenrie, 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:
hauing (of long) exempted themselves from the soueraigntie of Castile, and
holding diuers kings their tributaries and feudataries, of whome Emanuel was the greatest, and for his martiall prowesse
amongst the rest most famous; who vanquished the aforesaid kings, and caused
them to pay him tribute. For there are now no feudatarie kings in Asia, or
Africa, which are not also tributarie; howbeit in auntient time the kings of
Persia, and the Romans, hauing subdued kings unto their empire, for most part
made them to become their tributaries: as for such fealtie and homage as is of
Philip the second, king of Macedon, being by
the Romans ouercome, they graunted him peace uppon condition, that he should
pay them into their common treasure, a certaine yearly tribute; which Perseus, Philip his sonne, afterwards refusing to pay,
drew upon 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 over 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
Yet is there difference betwixt a tribute and a pention: for a pention is paid
in respectLewes 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
Bsilius the first, who called himselfe
The Great Chamberlaine of God, and
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 Eumenes being ouerthrowne, and
hauing 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
And yet among soueraigne princes there is a certaine prerogative of honour
due
Sometimes also the more auntient Monarches and Commonweals lose their
prerogative of honour; as when they put themselves into the protection of
latter princes,Augustus the
emperour showed himselfe wonderfull ceremonious and difficult Q. Martius Philippus their ambassadour show himselfe
therein curious: Who contending with Perseus king of
Macedon, which of them shuld come over the riuer upon the frontiers Perseus
for that he was a king, refusing to come over Martius, or els Liuie omitted, which was
forthat Philip the father of Perseus had upon 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 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.
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 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 toCosmus duke of Florence, albeit that he would very
gladly have so done: whereof the emperour Maximilian the
second, being by the French embassadour aduertised, not vnfitly replied, Italia non habet regem nisi Caesarem: Italy hath no king
but the emperor. Although that be to be vnderstood of the maiestie of the
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 prerogative of honor,Baldus (being himselfe an Italian Lawyer and a subiect of the empire)
sayth well, That the French king 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 prerogative 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 Othons, by the graunt of the Roman
bishops hauing got the imperial title, have by little & little through the
ignorance of our embassadors vsurped & taken unto themselves this
prerogative 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 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 haue
kept the auntient order of ambassadours, and so to have followed the French
ambassadours: who withstanding the Spanish ambassadors presumption,Henrie the second the French king hearing of, writ againe to his
ambassador, That prerogative 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 publikeM. De Monluc bishop of Valence
(who for his wisedome and dexteritie for mannaging of matters of estate, had
beene fifteene times ambassadour) hauing by great celeritie preuented the
Spanish ambassador, had also first audience; wherewith the Spanish ambassadour
offended, would as then say nothing: as I have vnderstood by M. de Nouuaille abbot of Belle-iste, a man of great honour and vertue;
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
Marie, in the chapter holden by the knights of the most honourable
order of the Garter, upon Saint Georges eue, in the
yeare 1555, concerning the conferringPhilip 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 vnto
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
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.
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 prerogative 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 prerogatives of honour upon whomsoeuer hee pleaseth, and to reserue
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 prerogative 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 auntientFusills, wherby thesewords are signified; King of kings, raigning
over kings. Which was the title that the kingsEzechiel, who calleth the great king Nabucodonosor
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 his Highnesse, his Serenitie, or his Excellencie, as wee have before
Samuel, of
whome the people of Israel had vnaduisedly asked a king, It
is not thee (saith God) but me whome they haue
despised.
Now to the end that one may know him that is such an one (that is to say a
Soueraigne 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 over Phi.
Malancthon in mine opinion is deceiued, who hathSamuel 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 slaues: For the word Samuel should in all his speech 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 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 resolued themselves. For
there are (saith * Aristotle) three parts of a
Commonweale, theArist. li. 4. d Repub.
Polyb. lib. 6▪ de militari ac
domestica Rom. disciplina.
Polybius▪ also determinatly defined or set downe the
rights and marks of Soueraigntie: but in Power royall, of the Aristocraticall government, 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 prerogative 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 vnto
whom he attributeth the same, had the chiefe government 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 Marcus▪ Valerius the Consul showed unto the people, that
it ought toLib. 7.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 Galeace the first, vicount 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 vnto
the empire. In briefe we had declared also the
The same opinion we have of the greatest magistrats, of kings Lieutenants
general,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 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,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, Aristotle said a Commonweale to consist, to be the true marke of
Soueraigntie.
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 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 A law is the commaund of a Soueraigne concerning all his
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:Senatus consultum, and Plebiscitum, a decree
of the Senate and of the people.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
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 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,
Augustus, hauing
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
Conan, who 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
vntoAnacharsis
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 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 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.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 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
ofSerenitie, 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 corporationIn 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 vnto
their lawes, their customes, and Commonweale, except such Iulian the lawyer gathered a great number of such of
these edicts of the former 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 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 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
Wherefore let this be the first and chiefe marke of a soueraigne prince, to bee
ofDenys
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.
Now when I say that the first and chiefe marke of Soueraigntie is for the
prince toCicero,
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 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 vnto
me, the magistrats themselves to discharge men oftentimes 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.
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 Dion Chrisostome
compareth the law to a tyrant, and custome to a king. Moreover the power of the
law is much greater than the power of custome: for customes
This then is the first and chiefest marke of Soueraignty, to be of power to
giue lawsSolon, 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 Vlpian saith, Duralex, sic tamen
scripta est, An hard lawLaetoria,
(or rather Praetoria) to be vnderstood, 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
under this same soueraigntie of power for the giuing and abrogating of the law,
areviz. to have power to giue lawes unto all and
But forasmuch as the word Law, is too general a marke,
it is the more expedient particularly Philip
the second,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 Liuie, where he sayth: Controuersia fuit vtrum populi iussu indiceretur bellum, an satis esset S.
C. peruicere Tribuni, vt Q. Consul de bello adpopulum ferret, omnes
Centuriae iussere. Controuersie 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 afterwardLib. 1▪ Dec. 3.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, commaundedLib. 9. Dec. 1.Populus
bellum fieri Aequis iussit, The people commaunded warre to be made
against the Aequi. And at such time as warre was to be vndertaken against the
Samnites, Patres solemni
Lib. 8. Dec. 1.more indicto decreuerunt, vt ea de re adpopulum
ferretur, The fathers after the solemne 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,
TheLib. 5. Dec. 1.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
Casimire
the great. True it is that in Rome concerning peace the Senate oftentimes
determined thereof without the consent of viz. in the tumult and uprore 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 theScipioes 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 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 theLiuie 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 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 upon 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 up 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 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
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 slaues, 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 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 upon. 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
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 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.
The third marke of Soueraigne maiestie is to be of power to create and
appointTublius
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 vnto
the meanest offices. I have said the appointing of 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 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 howsoever that it was, whether
it were the 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 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 thereupon
commaundement was giuen unto the chauncelour to go into parliament for the
election 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 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 upon him the government 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.
Yet may some say that the Great Palatine of Hungarie, who is the greatest
magistratSigismundus Augustus, all the magistrats of euerie
countrey, were to be chosen by the particular states of every government; the
maiestie of the kings, who also raigned by the good 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 over 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.
But now let vs speake of the fourth marke of Soueraignetie, that is to wit, of
the Last
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.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 Zenophon and Demosthenes do right
well declare. The same Law Contarenus writeth to haue
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, vnto
the Graund counsell of the people. Nether was Francis
Valori Duke of Florence for any other cause slaine, then for not hauing
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 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 upon 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 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 haue
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 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 CommonwealeFlauius Volpiscus in Florian.
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 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 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
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 government of Aquitaine, under the Francis the
first, discharging the duke of Loraine of all fealtie and homage, appeale and
soueraigntie, for the castle of Chasteler upon the Maze in the yeare 1517. But
when hee suffered the same duke in soueraigne manner without appeale to gouern
in the duchie of 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 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.
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: 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
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
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 controuersie be betwixt the
cities and princes themselves. Whereby it is to be vnderstood, 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 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.
From this marke of Maiestie, and benefit of supreame Appeale, dependeth also
the Plinie the younger, gouernor of Asia
unto Traian the emperor)Papirius Cursor, the dictator,
may seeme at the request of the people to have giuen pardon to Fabius Max. collonell of the horsemen, for hauing giuen
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
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 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 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
And albeit that the Roman lawes say that the empresse is dispensed with from
all 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, hauing 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.
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,
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 government, for the great distance
of places; or for the captiuitie of Soueraigne princes: or for that they are
furious; or else in their infancie▪ 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 government 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 uppon 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.
But heer may one say unto mee, that notwithstanding the decree of Lewes the xij.Bigot the kings attourney was verie earnest in
Henry the third. This priuilege had great affinitie with
that whichPlutarke 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 You shall take him
Deut 19. & 21.from my sacred altar, neither shalt thou haue
pitie on him, but cause him to dye the death: and afterwards I will stretch
forth my great mercies upon 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 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 hauing obtained pardon, they many times slew the judges, who had before
condemned them. But of
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 Charles the vij and Charles the viij, it is
expresly commaunded unto the judges, in deciding of causes, not to have any
regard of the decrees of forraine courts, further than they should with equitie
agree: which by this common clause unto all decrees in this realme commonly
annexed (Si satis superque apparet, If it shall
sufficiently, and more than sufficiently appeare) is declared. Which clause if
it be not ioyned unto the decree, the magistrat hath but to vnderstand of the
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 hauing soueraigne power, had also the power of
life and death, (and so to graunt pardon) which the judges had not.
Now as for liege fealtie and homage, it appeareth, that it is one of the
greatest rights
As for the right and power to coyne money, it is of the same nature with the
law,Nummus▪ seemeth
well to have beene deConstantine 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 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,
Lucius the third, their countrey man;
the emperour at his request graunted that priuilege.Peter king of Arragon tooke hold of, to driue Iames king of Maiorque out of his kingdome was, for
hauing coined money; pretending that he had no right nor power so to doe. Which
was also one of the occasions that Lewes the xj tooke
hold of, to make warre upon 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
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 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,
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 upon it, to the
imitation of Theseus king of Athens, who had coyned
money with thePhilip king of Macedon: which peeces of money were therof called Philippaei;
Darius, by the name of Dariques. Whereof king
Darius was so ielous (as Herodotus writeth) as that he caused Ariander
gouernour of Aegypt to bee beheaded, for hauing stamped the money with his owne
image. As for the same cause also the emperour Commodus
beheaded his minion Pecenninus. And also king Lewes the xij hauing left all the power and right of
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 upon
their money, as the marke of iustice.
Now if the power of coyning money be one of the rights and markes of
Soueraigntie; Philip the Faire, Philip the Long, and Lewes the xj
had resolued, 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
Polybius, that the same was wel executed in all the
cities of Achaia,Lib. 3.
As for the right to impose taxes, or imposts upon the subiects, is as proper
unto soueraigneLewes the king. But if it must needs be that they must for the publike
necessitie be leuied or taken away; it cannot bee done 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 Moulins, well agreeing both 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: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 upon
the people, were by the good Pertinax againe eased and taken away.
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 hauing 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
Now if Pompeius hath denied, that the common high way
can by any continuance of time be prescribed upon: 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
Now many there be that thinke also, that to have power to lay an imposition
upon 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
upon 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
Lysimachus
Ancus Martius king of Rome, Philip Valois king of France, who were the first that
exacted tribute upon 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 upon them: yet Liuius the Censor thought no imposition in the
Commonweale lighter or fitter, than that which was laid upon 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.
But forasmuch as the sea it selfe cannot be proper unto any priuat man, the
rightsGuidage; 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
auntientHenry the second, the
French king, in the yeare 1556, that two gallies which had suffered wracke upon
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 upon the coasts
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 uppon 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 uppon things lost, or
uppon 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 Lewes the
xij the French king, hauing obtained the
As for the right of Marque, or of Reprisall, which soueraigne princes haue
properClarigatio:
howbeit that the princes by little 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
There be many other right small things, which are accounted proper vnto
princes,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 Lewes the xj by speciall priuilege and letters patents graunted as a
great favour unto Renate
Tillet, calleth it white waxe, which I find our kings
neuer to have vsed.
But much more it belongeth unto the royaltie of soueraigne maiestie, to be able
toCato
Censorius writeth. But France for that it swarmedviz. 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 Philip
king of Spaine would gladly have suppressed, yet could he by no meanes effect
it.
Some amongst the markes of Soueraigntie, have put also the power to iudge
andWherewith we haue
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 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.
As for the title of Maiestie it selfe, it sufficiently appeareth, that it onely
belongeth toMansfeld, 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, Excellencie, as the princes of the confines; or else
of Serenitie,
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
soueraignThemistocles, making seisure of certaine lands belonging unto the
publike demaine,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 upon by certaine priuat men. How then can a man
prescribe upon 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, hauing handled this matter more at large in my booke De Imperio. And
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 allAristocratie:
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 fiue
sorts of states or Commonweales. But Polybius reckneth
up seauen sorts; three commendable: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 bePolybius,
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 vsed. 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 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 fourthP.
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,
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
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 Herodotus, who bringeth theTheucidides, 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 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 over them, for the managing of the warres;
calling hoame againe such as had bene banished
What will they also say to Maximus Tyrius, who reckning
up 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 beeing
What was it then that deceiued Polybius, who was himself
a Megalopolitan, borne neere unto the Lacedemonians? Truely it was euen the
name of the Lacedemonian kings. For Lycurgus hauing
altered the state of the Commonweale, and by the good will and consent of the
kings themselves (who deriued their pedegree from Hercules) hauing translated the soueraigntie unto the people, left
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 over the Lacedemonians (to the
imitation of the Messenians, over whome Amphareus and
Leucippus together raigned) who whilest they would
both be kings and commaund over all, could neither 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 Lycurgus unto 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,Apollo to
that purpose: whereby the God (as they said) commaunded that from thenceforth
the government 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, upon some cleere night gazing upon the firmament (as
Plutarch saith) if they then saw any starre, as it
were, sparkle or 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 hauing slaine the Ephori and the
Senatours, and so oppressed the Commonweale, tooke uppon himselfe the
soueraigntie, and so held it vntill such time as he was ouercome by Antigonus king of Macedon; who hauing 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 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, Lycurgus at the beginning gaue the soueraigntie unto the
people.
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.Dionysius Halycarnasseus, Cicero, Contarenus, Sir Thomas
More, and many others: which opinion for all that is neither grounded
uppon truth not reason. For where is this Monarchie, that is to say, the
soueraigne government 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 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
Now as concerning the Senat, which they say to have had the forme and power
ofCaesar a popular 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 haue, 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,
ThatLiuius lib. 27.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. 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 upon the request to that purpose
presented unto the people, the people gaue them commission, and commaunded the
Senat to proceedQuod
Senatus maxima pars censeat, qui assident id volumus iubemusque, What
the greatest part of the Senat shall agree uppon, wee that here sit Polybius
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 Fuluius, I request you the Tribunes of the
people to aid and helpe me. So that it plainely appeareth, the Senat to haue
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;
The same opinion hath Contarenus of the Venetian
Commonweale, saying it to beIanot 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 howsoever that be, plaine it is, at this day to be a pure
Aristocracie: For by the view of the citie and the Sabellicus, and of cardinall Bembus, the rest
being absent. It is therefore the leastSabellicus. 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 Contarenus condemneth himselfe: for 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 up twelue dukes moe,
either by the tumultuous people slaine, or otherwise put to death for abusing
their
And this opinion of the mixed state hath so possessed the mindes of men, that
manyThe 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 ofOur 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 tAristotle most subtilly examining this opinion, for the mixture of
states, truly calleth the state composed of an Aristocratic and a Democratie
Aristotle seldome or neuer reporteth 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; upon 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.
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 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
ofviz. the Guardes, Souldiors,
and Labourers: and after that diuideth the citisens into three degrees,
according 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
government 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
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 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 up 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,Henry wasVarnnes a Norman for his high Constable: and yet
at length was by his nobilitie thrust out of his royall seat, and by 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 upon,
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
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
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
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
And much it missed not but that hee had euen than taken upon him the imperiall
crowne, and chaunged the forme of the Roman principalitie into a kingdome; and
thus much he. whereby it is to be vnderstood the Roman state under Augustus after the battell at Actium, to have beene
neither a Popular state, an Aristocracie, nor a 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; upon condition that hee should
not have 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
But if there be two chiefe magistrats of like power, as in Rome; or three, as
in many Augustus by a crafty deuise hauing 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 upon 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 Tiberius in the beginning of his raigne, rise upon
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, hauing some one for chiefe or principall aboue the rest, the
soueraigntie yet still remaining with the nobilitie or the people.
Oligarchie, but is more properly Duarchie, a kind of Aristocracie, which may be
of continuance and durable, so 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, upon 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 hisRemus 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: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,
Is especially to be vnderstood of a Diumuirat, or soueraigne government of two
together.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 upon 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 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 government, 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 government: 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 Ferdinand married Isabel queene of Castile, Anthonie
of Burbon, Ioane
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 upon with Ferdinand
king of Arragon, hauing married Isabel of Castile,Yo el Roy, and Yo la
Reyna; and by the secretarie Pompee, Caesar,
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 upon the other, as
that to reconcile them was impossible, vntill that one of them had quite
ouerthrowne the other, and made himselfe maister of all. The like happened
after the death of Caesar, in the Triumuirat of Augustus, M. Antoninus, and Lepidus, who hauing of one popular Commonweale, made three Monarchies;
and Lepidus vnfit for government, 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
Now Monarchie is divided into three formes: for he that hath the soueraigntie,
is
Wherefore a lawfull or royall Monarchie is that where the subiects obey the
lawesTully called the rage of the
furious and turbulent people.
Now as concerning the lordly Monarchie, it is convenient for vs first to
intreatAristotle,
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 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 signifieth a terrible lord. Soone after the world
was seene full of slaues, Sem one 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 slaues: and not the holie
scripture onely, but the Greekes also, who alwayes in their writings tearme
them selues free, and the Barbarians slaues; 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 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 Liuie writeth, Barbaris pro legibus
semper dominorum imperia fuerunt. The commaund of their lords haue
beene alwaiesAdrian 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: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 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.
Now if one say that there is no Monarque in Europe which pretendeth not all
thePlutar in .
Artaxerxes, had used to cause their great lords and
magistrats to be stript starke naked before them and whipped as slaues: 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 heOdonacre king of the Herules, who almost at the same
time invaded Italie, that Attila did Germanie; hauing
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 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
William the Conquerour, hauing 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: theCharles 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
slaues,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 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.
But yet here might some man doubt whether the lordly Monarchie be not a
Tyranny,Iacob the
Patriarch, by his testament leauing unto his children certaine lands that hee
had Pau. Iouius, who all are, and tearme
themselves the slaues 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 hauing as they say a base and seruile
hart. Where to the contrarie, men
Plinie the younger saith vnto
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 Alexander neuerthelesse reiected, willing
that the Greekes
We have moreover 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 thePindarus, a queene raigning over 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,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 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 uprightly 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 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 Aristotle
Polit lib. 3.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.Arist. Polit. 3Aristotle be in that
also deceiued, where he saith, That there be three sorts of kings; & yet
hauing in his discourse reckoned up foure, in casting up 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 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,Nemrod; leauing the soueraigntie to their children, in
right of succession; as saith Thucidides. Which hath
also beene 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 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 upon him the charge of a generall, vntill the Seigneurie had so
commanded; as Plutarch in his lives reporteth. And when
they were 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 wi
As for the third sort of kings, which he said was made by election, that can
make Darius the first: and so a seuenth by donation, an eight
by testament,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 Dionysius Halicarnasseus writeth, to have bene in power
and office like unto them whom the Thessalians called Archos, the Lacedemonians Cosmos, the
Mitylenians Aesymnetes, hauing like charge that the
baily of Florence had at such time as that Commonweale was gouerned by a
popular government; 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,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,
Alexander the Great, although
that after his death euerie one of them tooke upon 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 himPtolomeus Lagus: after
which he set a crowne upon his head, and used in his titles the name of 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 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 haue:
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
government, hauing chaunged the royall state into a popular:Gregory the
seuenth,Tacit lib 2. Appianu,
Liuius Val. Max.
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 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,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 upon them that kingdome.
Wherein 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 upon 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 thingSeleucus king of both Asiaes, graced
his sonne Antiochus not onely with the royall dignitie,
but also placed him in the government of the kingdome of the higher Asia; which
is a thing may well be suffered where kings have used to be created Changuis first of all the Tartar kings, chosen king by
his subiects, caused Hoccata his eldest sonne to be
crowned king, himselfe yet liuing. And Gostanus king of
Sweden hauing vsurped upon 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 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 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.
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
werePlato writing to Dionysius the
Tyrant of Syracusa by 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, hauing taken unto themselves the
state and government 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 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 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 upon the vaine show of 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 Philadelphe,
Philometor, and Philopator. Also the most reuerend and holy names haue
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
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 over the rich and
better sort of the citisens; and yet show himselfe courteous and gentle vnto
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 Liuie did well, who
hauing diligently reckoned up 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; oHomer in two
words called Codrus
and Decius are reported to have bene, who aduertised by
the Oracle, that the victorie over 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 Augustus the great emperor is reported neuer to haue
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.
Now the greatest difference betwixt a king and a tyrant is, for that a king
conformeth
But what need we to vse many examples to proue this to be true, being of it
selfe soAristotle (not
hee of Stagira, but hee that was surnamed the Logitian) who slew a tyrant of
Sicione. And Thebe, who slew herAlexander,
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,Cherea the tyrant, and the Mamalukes eight Sultans of
Aegypt.
But he that would see the miserable ends of tyrants, let him but read the lives
of 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
And albeit that tyrants whilest they lived, have not wanted their flattering
clawbacks,Tiberius the emperour grieuously
complained, but Nero much more, who wished that when he
died, yea that whilest hee yet breathed, all the world might with fire be
consumed. And for this cause Demetrius, surnamed Poliorcetes, to gratifie the Athenians vndertooke the
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 upon the top of an high tower: neither was he therein deceiued: but so
soone as he gaue himselfe over unto vices and villanies, there was neuer tyrant
better (than he was by them) washed; hauing his name most shamefully by them
Nero, Commodus, Caracalla, and
such other tyrants. And sometime the whole people with one rage and surie
runneth headlong upon the tyrant, as it did upon Phalaris,
Heliogabalus, Alcetes tyrant of the Epirots, and upon Andronicus emperour of Constantinople, whom stript and set upon 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
hasteningCaracalla 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,Macrinus was the man that should succeed him; which letters by chaunce
falling into the hands of Macrinus: he thereupon
forthwith caused Caracalla to be slaine, for feare of
the danger prepared for him by Caracalla. So Commodus also, hauing hardly escaped the stabbe which a
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▪
Now the state of a royall Monarchie is quite contrarie unto a tyrannie: for the
kingXenophon 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 Scipio Africanus,
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 upon 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 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 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 vnto
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 Agesilaus receiued, at such time as he was fined by
the Ephori, for hauing alone robbed the hearts and gained the loue of all the
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 haue
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
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,Cosmus de Medices, first
taking upon 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 upon 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.
Now to the contrarie it hapneth often that the state of a citie or Commonweal
ruinatedDomitian 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 upright 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 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.
It may be also that a prince may exercise tiranie against the great ones in the
state, as That of
a craftie and subtill man is made a good king: which saying unto the
delicateCharles surnamed the simple, and of some called Charles do nothing. ItFrancis the
first: but especially some few yeares before his death, when as he 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
But within twelue yeares after that Henry the second his
sonne raigned (whose bountie
But to hold this golden meane (some man will say) as it is hard for euerie man
to do: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,That of an euill and subtill man is
made
a good king) to be vnderstood: 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 upon the
person of a tyrant.
Tyrant, being not well knowne, hath deceiuedviz. the honourable titles of nobilitie and prowesse,
armes, statues, crownes, and in briefe the goods of the Tyrant also; as vnto
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 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 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,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 uppon 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 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.
But here might many questions be made, as, Whether a Tyrant who by force
orSylla caused himselfe to be confirmed dictator for
fourescore yeares, by the law Valeria, which hee caused to be published, hauing
at the same time a strong and puissant armie of his own Cicero said, That it was no law at all. And in like case
Caesar, who Cosmus Medices, who after
the death of his kinsman Alexander hauing 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 government ought
not now to be called a tyrannie, for that in this case,Aquila the Tribune
of the people did, who in sight of all the people tooke off the crowne that was
set upon 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.
But the chiefe question of this our discourse, is to know, whether a soueraigne
princea 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 moreMoyses 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 up armes to relieue
a whole nation and people, vniustly oppressed by the crueltie of a tirant: As
did the great Hercules, who traueling over a great part
of the world with wonderfull prowes and valour 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 vnto
Baiazet king of the Turkes, who then besieged
Constantinople; saying that he was come to chastice his tiranie, and to deliver
the aflicted people; whom indeed he in a set battell vanquished in the plaines
neare unto Mount Stella: and hauing slaine and put to
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 haue
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 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
government Adolphus the emperour in the yeare 1296: and
Wenceslaus in the yeare 1400, and that by way of justice, as hauing
iurisdiction and power over 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 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
over vs, then we over the people: wherein he showed euidently that he
was no soueraigne prince: howbeit that it was not possible for him to haue
equall power with the people, as we have before showed. Wherefore these sorts
of princes, hauing no soueraigntie,
But if the prince be an absolute Soueraigne, as are the true Monarques of
Fraunce,Francis the Caboche, drew his
sword upon 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 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.
Bare. 1. Hier. 29Nabuchodonosor and his children, and that they might
so long rule and raigne over them as the heauens should endure. Yea euen God
himselfe doubted not to call Nabuchodonosor his seruant;
saying, That he wouldHier. 2Ezec.
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 vasSaul, 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
over his enemies: at which time he fell twice himselfe into Dauid his hands; who blamed of his most valiant souldiers (over whom
he then commaunded) for that he would not suffer his so mortal an enemie then
in his 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 upon the Lords annointed? 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 upon 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 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.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 up armes against their prince
beeing a Tyrant, and take him out of the way howsoever: 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 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,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 up 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 Sledan. lib. 4.Charles the emperor, demaunded of Martin Luther if it were lawfull for them so to doe or not; who
frankly No cause (as saith Cicero) can be thought iust or sufficient for vs to take up 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 up 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 up atmes against a soueraigne prince. I cannot vse a better 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 upon 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 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, Dionysius the yonger, then liuing in exile at Corinth, and Dionysius) for hauing 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,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.
But most Tirants have ordinarilie neare unto their owne persons certeine
Mynnions,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 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 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 theThrasibulus after he had put to flight the thirtie Tyrants of Athens:
and Aratus hauing 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.Nero and Demetrian, to haue
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 successoursConstantine 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 uppon wicked men, and of no desert in the Commonweale:
and also disanulled his iudgements and fraud and deceit, which we read in Theodosius, his law, are added against Tyrants Agents,
& Brokers, who are especially to be laid hold upon, 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 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 oughtCharles 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
And in this, the princes much deceiue themselves, which ouerthrow and make
voidSeuerus 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 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 hauing
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 Alexander the Great caused cruelly to
bee put to death him that had murthered king Darius,
abhorring the subiect which durst to lay hand upon 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 towardsIohn 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,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 haue
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 hauing put to death Demetrius, surnamed the Besieger, one of the most valiant Hugh Capet, for hauing kept in prison in the
castle at Orleans, Charles the last of the blood of king
Charlemaigne: And Henrie the
first, king of England, for hauing kept in prison vntill his death, his elder
brother Robert, hauing before caused his eyes to bee put
out: As also Christiern father to Frederike king of Denmarke, for hauing kept his cosen the king of
Denmarke thrust out of his kingdome, 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
But here some men wil obiect, The keeping of such princes prisones, to be a
thingCharles 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 Ptolomee escape
destruction: neither wanted there heires enow of 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
Thrasibulus,
whom they called the thirtie Tyrants. Or the ten commissioners, commonly called
the Decemuiri, appointed to reforme A
government of good men. But we have before declared, that in matters of
state (to vnderstand of what forme euerie Commonweale is) we must not haue
regard whether the gouernours thereof bee vertuous, or otherwise; but to the
government 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 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.
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 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
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 onePlutarche 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 (whichCicero 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 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 inviz. 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
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 upon the occasion then presented unto their desires for the changing
both of their Religion & state. Wherefore
The Swissers except the Grisons, and the other five little cantons, have almost
theZunfft, 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 Solere, where the fraternities
and companies have no voyces in the state, neither power oSchuldthessen, 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
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
Epidaurus, vtterly rased by the furie of the
Gothes, and exempting themselus from the government 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
And forasmuch as diuers men beleeue, and some of them of greatest knowledge
ofCharlemaigne 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, hauing by little and lirtle withdrawne
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,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 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. Moreover the princes electours,
the day after the Lib. 2. cap. 28.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, hauing 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 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 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 upon 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
up of euerie diet, order is there taken for the diet to bee holden the
Charles the fift the emperour well to vnderstand, in the
yeare 1554: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.
Now if one should say that the Emperour beareth himselfe as a Iudge, and
determinerYour sacred Maiestie, and such
like, which cannot be applied but unto him which is himselfe a Soueraigne: such
as slaues would scarce vse towardsGeorge 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.
But the greatest argument of Soueraigntie is, that the Emperour giueth the fees
ofMarillac 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 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 Most sacred Maiestie, all in deed hauing 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 maner
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 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,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 AristocratiAdolph duke of Holst did what he could to haue
subdued them, pretending that Christiern his great grandfather had of the emperour Frederike the third obtained the soueraigntie over them
of Tietmarsh, for hauing dismembred themselves from the empire; as I have seene
by the letters of Maister Danzai, ambassadour for the
king into Denmarke.
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 Austinian, hauing 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 government they honorably maintained their estate, vntill that
of late yeares it was by the Grand Signior taken from the Genowayes, and so
vnited unto
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 government thereof, we will in due place declare. It resteth now
to answere unto thatPlit lib. 4. Cap.
Lib. 4. Cap. 7.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 government?Aristotle, it should also be an Aristocraticall estate, albeCato 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 government 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 Poli. lib. 3. Cap. 5.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 upon any of the common vulgar sort of
people, but upon the most auntient gentlemen Aristotle
saith) some few which take upon them the mannaging of the state, vse a Lordlike
power and commaund over 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 government: wherein the
Lords may gouerne their subiects as slaues, 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 Aristotle himselfe)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
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
Tiberius Gracchus the factious Tribune of the people requested Marcus
Octauius his companion and fellow of himself to giue 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,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 haue
chosen Bishop: so that he which was by nine of the tribes of the people
nominated and allowed,
When I say the greater part of the people to have the soueraignitie in the
popularDemetrius, 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 Romulus at first deuided all the people in
RomeLiuy
saith) were then al giuen by poll. But by the ordinance of king Seruius the people was againe divided into sixe
companies, according unto every mans wealth and reuenue: in such sort: as that
the first companie wherein the richest were enrolled, had asmuch power as all
the rest: if the centuries of this first companie were al of one accord and
mind in giuing of their voices, that is to say fourescore centuries, which were
but eight thousand persons; for in that case the voices of the other fiue
companies were neuer Seruius still remained in force after
kings were driuen Appius the Censor done, thereby to
gratifie the vulgar people, and by that meanes to obtaineFabius by great wisedome ouerthrew the popular
deuise of Appius, and so obtained the name of Maximus.
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 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
Silla, was
by Marius (hauing ceised upon 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 Pericles, when as were found but thirteene thousand citisens enroled,
out of whom
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 Demosthenes. And the Ostracisme (as Plutarch writeth) tooke no place upon any man, except six thousand
citisens at the least agreed in one therein: which yet was the lesser part of
the people. TBellieure ambassadour
also, and a man of good understanding in matters of state, hauing the same
charge, gaue the king to vnderstand, in the moneth of May 1555, how that the
ambassadour of Spaine had almost caused all the companies of the Grisons to
reuolt, insomuch that in assemblie of the Cade, there were moe voyces for
Spaine, than for Fraunce. And after that how that they of the Comminaltie of
Linguedine, hauing not receiued the money promised them by the Spaniards, laid
hand uppon the Spanish pentioners amongst
These examples of popular cities we have set downe, that thereby the force and
nature of popular states and Commonweales might the better be vnderstood:
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 writeth vnto
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 upon 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
Aristotle, calling the Commonweales of
Appollonia, Thera, and Colophon popular states, wherein a few auntient verie
poore families had the soueraigntie over the rich. Yea he passeth on further
and saith, that if the greater part of the people hauing the soueraigntie,
giue
And these absurdities, and others also much greater then they, ensue hereof, in
thatAristotle hath mistaken the manner and forme of the
government of a Commonweale, for the soueraigne state thereof. For as we haue
before said, the state may be a pure royall Monarchie, and yet the government
there of popular: as namely if the prince giue honours, offices, and
preferments therein to the poore, aswell as to the 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 Aristotle himselfe to have fallen: mistaking
Wherefore let vs firmely set downe and resolue that there are but three formes
ofPlutarch 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 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 Solon vaunted, 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 upon 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,viz. the Senat, the magistrats, the officers, colleges, and
corporation▪ and that in such order as wee have here rehearsed them.
Finis Lib. Secundi.
Antigonus king of Asia, and of Lewes the
eleuenth 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 up of
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 government,
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
But forasmuch as the brightnesse and beautie of wisedome is so rare amongst
men,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
thatCharles the fift the
French king, was woont best to doe: For hauing 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. upon which occasion, whether of purpose
sought for, or by chaunce offered, the king tooke hold: but yet would not
vndertake the warre, without the councel Hiero king of Sicilie was together
with all his kindred and friends most cruelly slaine, for that hee so proudly
and insolently contemned the Senat, nor in any thing asked the aduise therof;
by the aduise whereof (his grandfather hauing inuaded the soueraigntie) had
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 Caesar was by nature or disposition so prowd, but 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 vnto
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 Charles the eight, should vnderstand 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 upon the graue counsell of others, and so by their aduice
to mannage his affaires rather than by his owne. For it is rightTraian, neither any of greater knowledge than Nero; and yet for all that, this man had neuer his peere
for crueltie, nor the other
First we said the Senat to be a lawfull assemblie: which is to be vnderstood of
theLycurgus 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 moreover 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 Charles the great; Nulli per
sacramentum fidelitas permittatur, nisi nobis & vnicui{que} proprio
seniori: Let credit be giuen to no man upon 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 haue
giuen this prerogative unto the aged, to giue counsell unto the Commonweale,
but also the Aegiptians,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,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▪ Licurgus
before Plato himselfe, who appointed the Elders to be keepers of
his Commonweal, hath excused from any longer bearing of charges in the
Commonweal, or for any more giuing of counsell. It is also said in the holie
Scripture, That God hauing chosen seauentie Elders, powred upon 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 a
An other sort of Senators there are also which are led neither with enuie,
hatred,Thomas Moore in the Vtopian Commonweale by him deuised,
wisely set downe, That nothing should bee disputed or reasoned upon, 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
Wherefore it beseemeth a wise Senator, euen in the entrance of the Senat, to
layFor 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 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 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.
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 Sigismundus
Augustus, in the yeare 1550 by law prouided, That no man should
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
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
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 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.
As for the number of Senators it cannot be great, considering the perfection
requisit 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 up 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 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 slaues. But afterward, the
Sabins being according to the league receiued into the citie, hee added vnto
the former number another hundred; 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 haue
giuen voices when Pub. Claudius, who was afterwards
tribune, was brought in question for hauing polluted the sacrifices of Bona Dea, by committing of adultery with Pompeia: at which time, when the Senatours were not
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 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.
Wherefore the number of Senatours is not to bee appointed, according to 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 neuerAugustus 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 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. Moreover 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, hauing the Senat bent against him; and yet in the meane time by
prodigall bountie caused euen what he would to be decreed by the people.
Whereas Solon had much better prouided for the matter
among the Athenians, hauing beside the ordinarie Senat of 400, euerie yeare to
be changed, appointed also a priuie and perpetuallPericles 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 apocletos: and immediatly after, Arcanum hoc gentis Consilium, This is the secretLegibus 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 experienceLiuie 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 vnderstand 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 up:
Whereby he sufficiently sheweth, that in his time, as also long before that,
nothing was done or Papyrius Praetextatus might come into the Senat,
& carrie the news of such things as were there done, unto their mothers.
Augustus was the first,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 Pallas alwaies to sit on the
right hand of Iupiter, but not Iupiter on the right hand of Pallas: to giue vs
thereby to vnderstand, That the Councell ought alwaies to be present with the
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 The king vnderstandeth 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.
But it may be (may some man say) that a Commonweale may be so little, and
menXenophon: establishing the same forme of
government in Athens also, where they deputed thirtie lords for the government
of that state, as they did in all the rest of the cities of Greece, except some
little ones, over whome Lysander placed ten 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, with whome
he resolued 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 vnderstand 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,Charles the seuenth, was
called the Great Councell: which when it was also entangled with deciding of
extraordinarie suits and controuersies, by the lawes of Charles the eight, and much more by the lawes of king Lewes the xij, who appointed a court of twentie judges;
king Francis the elder remoued that Great Councell from
medling with the secret affaires of state, hauing got unto himselfe another
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
Henrie his sonne
got another councell also: which for that it consisted 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 controuersies, 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,Charles the ninth, made in Nouember, in
the yere 1563, it is in the first article expressed, that so soone as the king
was up, all the princes and the councell might come into the chamber, yet was
not that his decree therein obserued or kept.
Which pluralitie and diuersitie of Councels in the kingdome of Fraunce, ought
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,
But there is a notable difference betwixt the Senat of a popular or
AristocratiqueCon la Giunta) and if they cannot so agree, but still
rest 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.
Now all this differing of resoluing and determining, proceedeth from the
diuersitie 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 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 vnto
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 Nero the Senat
neuer had so much as ordinarie iurisdiction orAugustus 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 vnto
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 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 fiThe Parlament of Tholouse, of Roan, of Burdeaux, of Dion, of
Gratianople, and Aquasexia. But in the 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 government 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 controuersies, 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 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 up
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 priuieFabius 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
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
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
suchTitus Liuius speaking of the
Achaeans affirmeth generally of all the Greeks. But as forPhilipemen generall of the Achaean league; which was, that the
presidenVidimus 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.
It were also to be wished, that the Councell should sit in the morning yet
fasting, 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 discover the verie
secret of his hart, and to be the 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 viz. That
when question is of matters of estate, things doubtfull, or subiect to the
change of fortune,Thomas Moore, To
propound the day before what was in the Senat to be resolued 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 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 upon. Now as the Senat of a Commonweale is not bound to the
certaineTiberius 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, Liuius lib. 26Liuie.
Yet resteth the last point of our definition, that is to say, that the Senat is
established
Now if any man thinke it straunge or inconvenient for all other magistrats and
soueraigneBy 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 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
But the doubt is greater, whether the Senat in a Popular or Aristocratique
estateTertullian saith, That neuer any God was receiued in
Rome, without the decree of the Senat. And as for ambassadours of kings and
Thrasibulus was in Athens accused of treason, as was afterwards also
Androtian byDemosthenes. Which order is euen at this time better
obserued 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 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,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 upon 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
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.
Si ei videretur (if it should so seeme Liuie speaking of the punishment of the
Campanians, saith, That the Consull Fuluius hauing 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 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.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 up armes against Caesar: by which words it appeareth, authoritie to have T, or reiect by putting thereunto this word Veto, that is to say, I forbid it.
So that the Senat did nothing but by sufferance of the people, or of the
Tribunes, who were as it were espials of the Senat, and keepers of the libertie
of the people, hauing 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 governments, 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 upon 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
But here againe a man may say, that if the Senat in bodie or lawfull assemblie
hadThe 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 upon, was called an Authoritie, but not a Decree
Dionysius Halicarnasseus hath well
written; and not perpetuall as Conan supposeth.
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 vnder
foot. But herein question was of militarie discipline, which in that respect
hath nothing common with domesticall lawes andCaius 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 vnto
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
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 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.
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
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; yetTiberius, 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 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.
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.
Now if any man aske, Why a Senat in a well ordered Commonweale, should notPeter 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
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
Aristotle saith, That a Magistrat is he that hath a
deliberatiue voice in the Senat,
And as for the lawyers, there be but few of them which have touched this
string: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: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 markeLentulus the Great Bishop, made relation unto the
Senat, of the decrees of the colledge of Bishops, and the law Clodia,
concerning the consecrationCiceroes 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 quaestores parricidij, had (as at this present
Commissioners appointed by the prince haue) power to heare the cause, to sit in
iustice, to iudge, to commaund, to compell, and yet for all that were no
magistrats. Which being so, none of the aforesaid definitions can bee good.
Besides that there is another fault in them, for not hauing distinguished the
magistrats Carolus Sigonius, who seemeth more curiously to haue
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
Now in the definition by our selues proposed, we first said, all officers
(whither theyviz. 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 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, 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.
Iustinian it appeareth where
every magistrat hath his particular Edict.
We have put also into our definition of an Officer, that he must have an
ordinariePompee for five yeares, therein to end the Pirats warre: with commaund
over all the coasts and hauen townes of the Mediterranean Sea, all granted vnto
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 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 Liui lib.
Aemilius Mamercus, who chosen Dictator, and the same day
hauing dispatched the businesse for which he was chosen, the verie next day
following gaue up 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 ofFurius 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 commissionIohn was taken prisoner by the Englishmen: For then Charles the fift hauing gotten of his father the government 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
But the better and the more easily to vnderstand the difference betwixt an
office andTacitus 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
I stand longer upon 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
upon this point. For when Ctesiphon had presented a
request unto the people, That it would please them, that Demosthenes for his good deserts towards the Commonweale (and namely
for hauing most strongly fortified the walles and castles of the citie of
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, 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 hauing bene of long time exercised in the publike affaires, and as
it were in the middest of the Commonweale) both which Aristotle altogether confounded. The one of them also hauing alwaies
mannaged the affaires of state; and the other as saith Laertius, neuer intermedling therein. And that is it for which Nicholaus Grouchius, and Carolus
Sigonius, for not hauing vnderstood the difference betwixt an office
and a commission, have so much troubled
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 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 vnto
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 notaVespasian the emperour appointed for the
hearing Charles the ninth, hauing 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
But briefly, and yet more plainely and plentifully to make plaine all sorts of
Commissioners, whether they be for the government of prouinces, or for the
warres; or
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 government 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 yetPotestates, 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 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
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 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 vndertaken, 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 over by commission vnto
the Senat; which out of the 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 vnto
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,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 appearethIustinian 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 albeit that a man might make many questions concerning commissions
graunted, as well by the soueraigne prince, as by the magistrates, in time both
of peace and warre: yet will I thereof touch but two or three, and those most
necessarie to bee vnderstood of them which have the managing of the affaires of
state, whether it be in peace or warre. Wherefore leauing the rest, and to bee
briefe: wee say that theCelsus 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 popedecree of Pope Innocent the
fourth.A die qua rescriptum Significabitur, From the day that
the rescript shall be notified: which clause if it be omitted, yet is it
alwayes necessarily to be vnderstood. And thus much concerning the expresse
reuocation of a commission.
So also a Commission taketh end by the death of him that graunted it, bee
hee
Now, that we have alreadie said of Commissioners, hath no place in officers,
forLewes 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 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 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
Yet there are other differences also betwixt an officer and a commissioner: for
thatviz. 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.
Fabius,
collonell of the horsemen 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
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
vnderstood 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 haue
full and absolute commaund over the armie, and to mannage the warre, may by
vertue of his office, and without attending any other speciall commaund, make
warre upon the 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, hauing power Pompey hauing 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,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, hauing 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)At their discretion according to their wisedome; or at
their will and pleasure: and others
But to the intent that the force of Commissions and offices may the better bee
vnderstood, it shall not be amisse to produce the examples of the auntient
Romans, and to compare their manner of speech in the making of them, with that
of ours. As inFestus 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 upon him a
generals Cicero persuaded, That the charge for the mannaging of the 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.
Beside this, there was also a notable difference betwixt the manner of
propoundingQuos
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,
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 vnderstandeth the gouernours
of princes, who were properly so called. And by the word Imperia, Captains, who had particular commission to mannage the warres
(howbeit that the word Imperia, is vnderstood also of
the civill magistrats) with power to commaund. By the word Curationes, is meant all other charges,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
But it is to be noted, that al commissions passe into the nature of offices, as
oft as thatTribunos 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 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 slaues 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,
Pomponius writeth, the Roman Commonweale to haue
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
Homer in so many books as were by him written, neuer
vseth this word 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 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 obserued: 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
Now there is no lesse difference amongst writers betwixt the officer and
magistrate,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 propeMar. 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.
Now we have before declared the definition of a Magistrat by the yonger
lawiers,Aristotle himselfe set downe, to be in no wise to be allowed or
maintained:de Republica, seeing the
number of officers to be infinite, whom he calleth all 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 Iustinian the emperour to be good: which is, that some of them be
Magistrats, and some of them viz. such as have power to
commaund) and some of them not, (as hauing no such commaundingofficiales, 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; 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,
siue Speciosi, and the Perfectissimi, all which honors and titles were giuen aswell vnto
priuate men as unto magistrats. But as for that which Bartholus saith, That there are 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 Lentulus are judges of Religion, and the Senat are judges
of the law. So one may see neither the auntient nor late writers to haue
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
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 upon the offendors, but euen to the attaching of their goods and
bodies, and casting of them into prison. And yet it appeareth (may some say)
that Vlpian hauing excepted these Duumuiri (who were in
like power that the Sherifes were in townes without any iurisdiction at all)
yet neuerthelesse accounteth them in the number of Magistrats▪ Liuie oft times to bee seene: which was done by the law
Icilia. For why the fine of it selfe inflicted not any infamie upon 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
Now the least fine upon any man to be imposed, was one sheepe; and the
greatestLiuie 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.
And for that we are by way of discourse drawne thus farre, wee will here amend
an Aulus Gellius
(about this matter) not as yet corrected. For hee in his Noctes
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 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 haue
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 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 haue
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 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 haue
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
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: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 upon 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▪
Au. Aterius were chosen
Consuls: but true it is, that about six yeares after 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 hauing 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 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, hathLucullus the bishop said in the Senat, The bishops to have bene the
judges of religion, and the Senat of the law, tendeth to 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 viPublius 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 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 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
And when as fines contrarie unto the lawes were by the Bishops upon 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 vsed
such calling of men beforeAlexander Immolensis was of opinion, the power of
administring an oath 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 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 up 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 haue: or else
that their iurisdiction, to be restrained unto the hearing of matters of
religion onely; as we see the auntient Romans, the Swissers,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
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 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 Labeo the lawier gaue them
well to vnderstand,Sempronius, seeing that the Censor Appius would not giue up 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 hauing 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 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 Vlpian speaking properly and as a lawyer, 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 haue
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 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 up and contained within the walles of Rome. And therefore
Mar. Fabius, and Luc. Valerius
the Consuls, seeing that theyLiuie
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 upon
the power of the people, to forbid them the free and entire choice of their
magistrats: over whome in generall, albeit that no man could commaund, yet did
the Tribunes so do over euerie one of them in particular, although they could
by no right so doe. Moreover they tooke upon 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
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 upon 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
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.
The same opinion we are to have of those officers or magistrats whome they
calledAedules 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
Messalla haue
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 upon
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 up 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)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
As for the Questors, I see not that they euer had, or yet tooke upon them to
haueVarro saith,
that they had not: albeit that the yeare after their office expired, they had
sometime the government of some prouince bestowed upon them: as Gracchus the younger after his Questorship had the
government of Sardinia giuen unto him. From which time they had as much and
more power in the government 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.
As concerning Censors, Fr. Ottoman, and Carolus Sigonius (both of them most skilfull 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 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
Varro putteth in the number of the lesser magistrats) had
power to command, why should not then the Censors so haue, whome he calleth the
Greater Magistrats? Yea that more is, Plutarch giueth
more authoritie and powerOnophrius
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
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 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 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.Lentulus and Gellius the Censors at once displaced and thrust out of
the Senat, as also the foure hundred knights, who by Valerius andSempronius 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 Claudius Nero
his companion in the Censorship, who also requited him againe with the like.
VVherefore Cicero speaking of the Censorship, thus
saith, 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
There were also other magistrats in Rome, which had power to command, and
iurisdictionTriumuiri Capitales, whose power and authoritie extended
yet onely unto straungers or slaues: 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 upon 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.
Now by this discourse of the Roman magistrats and their power, it appeareth,
that Honores,
Honor (saith Calistratus) est
administratio Reipublicae cum dignitate, Honour is a government of the
Commonweale with dignitie or reputation: and those which beside their honor had
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 governments of prouinces.
Now as a man may have a publike charge without honour, as Criers, Sargeants,
Trumpetors, (which in auntient time were slaues, & 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 slaues 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, hauing also the hearing of many
causes, and yet without commaund: as the auntient Roman Bishops, and our 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
There are also publique charges, who have neither honour nor commaund, but
rather
Wherefore in euerie Commonweale for the creating of magistrats and officers,
and such as are to be imploviz. 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
Aeschines the orator, diuiding the offices and publike
charges of the Athenians, hath cut them much shorter, and more obscurely
reckoned them up, than was fit for so great Demosthenes, (altogether different from that of Aeschines his aduersarie.) For hee saith Theseus: or 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
Magistracie or authoritie to declare what was in a man, hauing as it
were upon 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
Now the better to know what obedience the Magistrat oweth unto his Soueraign,
it is needfull first to vnderstand, what it is that a Soueraigne Prince may of
right commaundIubemus, 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 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
But leauing the subtilitie of words, let vs go unto the matter, and examine the
forceVniuersis 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, Si paret &c. (If it shall appeare vnto
you &c.) In suchQuantum 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 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 vnderstood 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,Plutarch.
We pray and commaund you, wherein the prince seemeth
as in nothing more to derogate from his soueraigne Cato the Censor saith. Besides that, to commaund is a
thing incompatible with request. It is wisely said, 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 up 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 up of
armes against his
We have before (as we suppose) sufficiently enough declared, what and how
muchTiberius 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 Innocentius the fourth written, before he was Pope, That
Magistrats ought to put in execution the princes commaunds, albeit that they be
vniust: which is to bee vnderstood of civill iustice and vtilitie: but not if
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.
VVherin
Anastasius expresly commaunded,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
Monitorie, the second Iussorie, and the third
Executorie; or as we say in English, Edicts of
admonition, of Commaund, and of Execution.
The same opinion we are to haue, if the prince by his letters patents command
theNero, 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.
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 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 obserued, and prohibition giuen for
any man to call them in doubt, and that upon paine of high treason; as is to be
seene in the records of the court. For why, it is lawfull forLewes 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 parliamentDe expresso mandato (by
expresse commaundement)de expresso or
expresissimo mandato are in princes graunts,
edicts or decrees to be vnderstood,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 vnto
the publication of the princes edicts and decrees, have this illation or
meaning, that such edicts and priuileges (graunted by the princes expresse
commandement)
But yet farther question might be made, VVhether a magistrat may bee suffered
toLewes 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 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
And yet neuerthelesse since the law of Lewes the xij. I
find not that any magistrat hath giuen up 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 up their places;
howbeit that it were more equitie so to constraine them, than to leaue it vnto
their will and pleasure. For which cause the kings Attourneyes general haue
oftentimes constrained the Iudges to iudge 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
upon the matter, he constrayned them to change their opinions, and to iudge
according to the law; And that iustly also: for who enforced thee to seeke for
thine office? or to accept of it being offered thee? and hauing taken it upon
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
Yet sometime it happeneth that such lawes as of themselves seeme unto every
man
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 andPhilip
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 up 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 CommonwealesPapinian 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 upon 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 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 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 hauing no excuse to pretend for their most wicked counsell,
persuading Nero to kill his mother, who by chaunce had
escaped drowning:
But what if the prince shall command any thing to be done, and that the same
thingMarcellus the Consull saith, Multa
magnis ducibus sicut non aggredienda, ita semel aggressis non
dimittenda. As many things are not of great captaines to be at all
taken in hand: so being once by them vndertaken, are not by them to bee againe
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,
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.
Now all that we have hitherto said, is to be vnderstood onely of such letters
or rescripts 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,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 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 haue) of the honour of the Senate, causeth vs to
examine such as are to be admitted into the Senate.
But if any man under a false pretensed colour shall encroach uppon 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 Priuilegia nisi
Commitijs Centuriatis ne irroganto, qui
secus faxit Capital esto,
Constantine the emperour
writing unto the people, saith, Nec dmnosa fico, nec legibus contraria impetrari
oportet,
But for that our purpose is not here to enter into the disputing of priuileges,
whichDe 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 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 upon 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 Bodin deputie of Vermandois.
But what if the prince by his rescript or letters pattents, shall expresly
forbid the magistrat
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,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
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 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
receiuedCaligula the emperour, in the fairest place of 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
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 resolued all 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 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 hauing 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
Demosthenes calleth the verie sinewes of the Commonweale.
We have said, that the Magistrat ought to have publike power, to put a
difference
We have before said, that the first constraint of all them which had power to
commaund,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 whImpero & 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 Such is our pleasure: or this clause, upon paine of death, for that none but a soueraigne
prince or state, can vse the same in their edicts or lawes.
And hereof riseth a notable question, which is not yet well decided, viz. WhetherMerum 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, upon the wager of an horse, which he should
pay, which was by the iudgement of the emperour uppon 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 sLothaire: so that the question remaineth yet (as we
said) vndecided, which for all that deserueth to be well vnderstood, 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 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 Cicero for transgressing the same escaped not, but
being Consull, and hauing caused certaine of the conspirators with Cateline to be executed, was therefore himselfe
afterwards banished, and his goods all confiscated.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
hauing heard the accusations and 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 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 withSi 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 upon his goods. If such
penaltie were for the offence of the law appointed, unto which law except
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
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 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 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 vnderstandeth 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 Augustus unto the three little 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
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 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 imposeth
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 vnto
the
Other publique officers there bee also which have neither iurisdiction nor
commaund,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 haue
beene at once in the armie. We read also that by the decree 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,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 hauing the managing of the
warres, and conducting of the armyes, as in his absence the Mareshals of
Fraunce haue: 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
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 vnto
others, so much of that power and authoritie which viz. That the
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 hauing power so to doe.
And so in like case the law sayth, That the Gouernour of a countrey or
prouince, hath within his government all power and authoritie next unto his
Prince: wherefore it is not then onely in the prince. But the 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;
Now as in every Commonweale there are two principall points which the
magistratsLegis
actionem, and Iudicis officium: or as we say,
the action or execution of the law, and duetie of the judge; which is to
commaund, to decree, or to put in execution. And as the word Iudicium, or judgement, is properly vnderstood of that which is
ordained by the magistrat following the strict tearmes and tenour of theDecretum, is likewise properly vnderstood 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 vnto
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 Lothaire and Azon is decided,
but many others also concerning the charge and duetie of magistrats, wherewith
diuers have sore entangled themselves, some mistaking the practise, and some
the theorique, but most part, for not hauing vnderstood the Roman estate,
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 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 upon 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 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 haue
confounded all together under the name of Delegats, which were a thing too
long, and too superfluous to refute, hauing proposed unto ourselues no other
end, but to entreat of that which concerneth the estate and duetie of
magistrats in generall.
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 Paulus (the great lawyer) seemeth euen by the root to
have cut up all the opinions of all the interpretors of the law, being not only
in number almost infinit, but also altogether inexplicable, thereby giuing men
to vnderstand, that that which concerneth euerie mans right, ought not only in
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,
Now I have before said, that there was a new officer erected in Rome, who was
theCicero 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 vnto
soueraigntie.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 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 upon good and iust cause derogat from the
same. Yet certaine 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 up 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 uppon
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 thenMaetian 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
Of this errour (for not obeying the magistrats command) is risen also a farre
greater,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 Vis in populo abesto, Let violence be from among the
people, is not to be vnderstood onely of violence to be done by force of armes,
whether it be publiquely or priuately done: but also when men would have things
otherwise done then by the ordinarie 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.
Now of this question dependeth an other; as whether the Magistrat may
revengeSacrosanctus, 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 vnderstood of the consuls, who
were afterwards the onely judges amongst all the magistrats: whereof they haue
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 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 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 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
Neither is it not onely vnlawfull to offend or abuse the magistrats by word or
deed,Vectius a citisen of Rome, for not rising
unto the Tribune of the people, but passing by him, was by the people slaine.
Yea the law it selfe calleth it sacrilege, not to reuerence the magistrat. VVe
vnderstand also not the same, but yet great reuerence to have beene giuen vnto
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 de lapide
emptos, as saith Cicero. But howsoever power and
authoritie be got, whether it be by favour, by wealth, or 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.
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 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 engendredSolo
in his lawes gaue leaue to kill the drunken magistrat, without any
daunger of punishment Augustus Gaesar did farre otherwise, who albeit that he
was accounted a sincere and upright iusticiar, yet for all that he neuer
pronounced sentence of death upon any, but with deepe sighes fet euen from the
bottome of his heart. Some other to the contrarie, all enraged,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 Papirius Cursor was of all that lived in his time (than
which none is said to have benePaperius
with sterne Paptrius commaunded the same Lictor standing readie with the axe in
his hand, to have done execution (as all men thought) but to cut up 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 differenceSeneca
propoundeth one act of Piso the Proconsull, for an
example of his notorious crueltie towards his souldiours.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:
Praefectum Praetorio, who had commaund
over 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 Augustus: and
after that Seianus under Tiberius. Which honour the other succeeding Emperours thought good to
bestow upon 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, upon 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
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, 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, hauing 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 Velitis, Iubeatis, May it please 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 vnto
them.
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 Appius
Claudius the Consull, to commaund him to silence? And
why did the Consull 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
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 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 vnderstood of their offices, but of their power, as we have before
said, which was so for a while suspended. For otherwise the 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 thaXenophon 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 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 uppon the prince: for over them the ciuil
magistrats have no power, except such magistrats as the prince hath
Yet a man might demaund, Whether the magistrat might forbid a subiect or
priuatVlpian 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 Allemand (who familiarly used my councell) hauing by
their sentence condemned him, forbad him also to come within ten leagues of the
court. Which thing the councell understanding, decreed, That it was lawfull for
no man but the prince only to make any such prohibition. And haply was the
chiefe cause that the president (of whose councell I was) obtained of the king,
to have the iudgement reuersed. For it were not onely an hard and inhumane
thing, to keepe the subiects from hauing accesse unto the prince, to deliver
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
Now as the presence of the Prince holdeth the power of all Magistrats in
suspence,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 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
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 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,
But yet question may be, whether a companion or fellow in office, or one of
lesserPiso 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:prohibessit, or forbid it, for that the magistrat can do
nothing 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 vnderstood that he might not doe it upon 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 upon Festus Pompeius, as is in many places to be
seene, whether they were at unitie 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
But whereas we have said Magistrats of like power or fellowes in office not to
bePro 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 Messala saith is true in other
magistrats, but not in the Tribunes of the people: whome wee have 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 upon you the
Tribunes of the people, that in so great a daunger of the
Commonweale,Drusus well caused Philip the Consull to vnderstand, whome he made to be cast in prison
That also which we have said, the greater part of a companie, or colledge of
magistratsLiuie
to be seene, where he saith, The farmers of the publike demaine to have beene
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 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.
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 Lucius Cotta one of the Tribunes of
the people, being sued, would neither answere nor pay his creditors, Fiducia sacrosanctae potestatis, as bearing himselfe upon
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 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 up 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.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 up their power and authoritie: For that the soothsayers had
before declared unto Tiberius Gracchus the Asellius the Pretor, or Prouost of the citie, for favouring Appius
Saturninus Tribune of the people, slew Munius
the Consul,
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 Caesar as then but Pretor, beeing accused before one 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.
But here a man might doubt, Whether the inferiour or lesser magistrat, who
mayCharles the
seuenth that the lieutenants should bee placed and displaced by the Seneschals:
but the doubt arose after that they were by him erected in title of office, as
hauing then their power from the king, and not from the Seneschals. But we must
not thereupon presume, that the purpose and intent of the king
therein,Apud legatum Proconsulis non est legis actio,
that is to say, that he might do no exploit or act of iustice, 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
But now the question might be asked, Whether that magistrats equall and
fellowsVrbanus (or the
Pretor of the citie) was in dignitie Charles the viij, the
But forasmuch as we have said, that magistrats equall in power, or which hold
nothingAdrian the emperour
made for the iudging of Senators; 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 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 hauing 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,Marcellus, who inCaesar 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
But what if the Magistrat shall have no respect or regard unto the requestes or
decreesVlpian
the Lawier are to be vnderstood, 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
But yet it might be demaunded, whether the inferiour Magistrats might cause
theirFatalia, 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 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 Fatales. The
Lawiers have oftentimes divided Dies sessionum, a diebus
continuis, Daies Fatales.
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 Fatum, or destinie, they must
needes translate fatalem diem, that is to say, a fatall day. Demosthenes
statum diem; and we in our practise, praefixam,
that is to say, an appointed, or prefixed day: for so Demosthenes saith against Media,
Stephanus,
Nicostratus: and the later Greeks have called it Synesius metaphorically calleth the last day of a mans
life Iustinians lawes were written in Greeke before they were written in
Latin, I suppose no man to 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 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
Charles the seuenth, were vtterly abolished and taken
away: sufficeth it the appeale being once giuen over 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
Now all that which we have hitherto said concerning magistrats, and of the
obedience that one of them oweth unto another, is to be vnderstood of
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 Adrian the emperour commaunded the gouernours of his
prouinces, to vse 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
upon 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 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 Charles the fift, as Duke of Millan, the vij article 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 resolued 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.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 estateIudic. 20. cap.
Phox the
Baeotian, and for them to take up armes, then to restore them unto the Thebans,
demaunding them. But if the Prince unto whom the fugitiue is retired certeinly
know himDeut. 16.
And thus much concerning Magistrats; and the obedience that they owe vnto
Princes, and of the power that they have over 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; Eliphore, and Aiah were his Secretaries for the
estate; that Banaia was his Constable; and Azarias the sonne of Natan his
Lieutenant generall over the governments 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
Dionysius
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 up themselves therein, were yet
neuerthelesse besieged by the stronger. For why, the first sort of men was most
giuen to rapine, murther, and theft, delightingPlutarch 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 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 fellowshipVltra Promontorium pulchri praedae aut mercaturae gratia
Romani ne nauiganto,
Polyb. Lib. 3.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
Pagi, as Commessari, who in the same countrey villages, which the Greekes
called 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 haue
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,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 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 Sodalitia; for the unitie, companie, and
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 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.
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 Collegia, or colledges. Yet some colledges there be, which have almost
all those things among themselves common, as wee
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
And hereof ariseth a question, Whether a bishop in the companie of his priests,
or an abbat amongst his religious, be to be accounted fellowes, hauing the
verie title and
And whereas we have said, that a colledge or societie may be without any
commonAntoninus 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, 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 vnto
the councell: which legacie Caepio his heires denied it to bee unto the
Senat due: in which controuersie 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.
And thus hauing 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 and
But question might be made, Whether it were more expedient that the
colledgesAdrian decreed, That the Roman Senators should be iudged by the Senat
onely.
As for other corporations and colledges, as of physitians, and tradesmen,
albeit thatDiana
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 Frederike the second gaue power and authoritie unto the rectours of
Vniuersities, and that the principals of schooles and colledges have alwayes
had the correction of their disciples and schollers: yet that is to bee
vnderstood but of light matters, and not of such chastisement and correction as
the magistrat hath by the princes graunt over priuat offendors; as many haue
beene of opinion. For why, neither the German emperour, noGregorie the
eleuenth in a Bull graunted for the confirmation of the priuileges of the
VniuerVrban the fift, and Innocent
the sixt, in one article prouided, That if a scholler D'aurade, to be in their habits shamefully drawne upon a hurdle to the
place of execution, and there to be quartered, without disgrading of them, for
hauing most cruelly murtheredCicero 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 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 sen
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
But yet it might be doubted, Whether decrees made by the consent and good
likingviz. 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
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, hauing 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,Ruze Bishop of Angiers, and other Lords,
That Bodin at his pleasure had over ruled the
Estates.
But if question be of a thing common to all a corporation or colledge, and
whichLewes 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 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.
It is also necessarie, that the consent whereof we speake, bee giuen in the
common
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 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 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 hauing
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 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
And thus much concerning the power, rights, and priuileges of Corporations and
Cassius vsed, at such time as he in full Senat,Omne magnum exemplum habet aliquid
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 onceLiuie saith: Valerius Leuinus
Agrigento capto qui capita rerum erant, virgit caesos securi percussit,
caeteros proedamque vendidit, Valerius Leuinus hauing taken Agrigentum
beheaded them that were the chiefe authours (of the rebellion) being 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,
hauing 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
slaues. As for the other Townes which were under the obedience 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 upon 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 withAurelianus
for his clemencie deserueth to be for euer commended, who laying siege unto the
citie Thyane, swore that there should not a dog escape alive, if he should take
the citie: but hauing by force wonne it, chaunging his mind, as with compassion
moued, he straitly forbid any man to be therein slaine; and when some to
prouoke him unto wrath, put him in remembrance of the oath he had made: he said
it concerned but dogs, which hee commaunded to be all forthwith killed. The
like clemencie Henry the fift the Germaine Emperour,
hauing condemned the citie of Brixia to bee vtterly rased, and laid euen with
the earth; yet when he had wonne the same, pardoned the citisens neuerthelesse,
least the innocent people should Antonius Caracalla, who in revenge of certeine
rymes and songes made and sung against himTheodosius 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 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 government of the Florentines their lords, by the favour of
Charles the eight the French king, yeelded themselves
to 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 earledomEco, la .
Frederike the second, the German emperour, to revenge
the miurie done unto his 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 upon it to make it barren: whereof they are yet called Salted men
of Poitiers. But as princes which with sufferance passe over the seditions
& rebellions of the corporation or communitie of any towne or prouince,
giue example to others to doe Charles of
Fraunce king Lewes the ninth his brother: (afterwards
king of Naples) who hauing 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 upon them: or as some write, caused
halfe the goods of the citisens to bee confiscated,Charles the
sixt the French king disarmed the Parisians risen up in rebellion against him,
and executing the authors thereof, restrayned the rest of the whole bodie of
the citisens, by imposing upon them a great fine. And admit all the citisens of
a citie, by their common consent, and the matter being before well
debated,T. Quintius the ConsulNe 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 upon thirtie siue, the authors of the sedition: or that so
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 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.
Yea moreover 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 Antiochus theHermeas 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, hauing 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 upon 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,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 hauing it in his
power, spared the countrey and citie wherein he was borne and brought up: but
executed thirtie of the chiefe authors 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, Charles the fift, but that he had rather to encrease his
commendation, by sauing, than by spilling of his subiects, and by gentlenesse
rather than by crueltie. By these examples before set downe it is well to be
vnderstood, what is to bee determined for the punishment of Communities,
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 behaued 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 Charles thought it not
good to punish one, and that right wisely: for that in so doing he should haue
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.
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, hauing no surer foundation wherupon to rest
(next unto God) than the loue and amitie of one 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 Damonax a wise Grecian had long time before attempted
to persuade the Athenians of, saying, ThoseCato
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 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 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 andThomas 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 corporationsChrysostome therefore
calleth The mother of the Gentiles: the princes of Europe and of Barbarie
hauing 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,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
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, shouldConstans 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 ArriaZeno the
emperour, to reconcile the companies of all sorts of religions among
themselves, and together with the Commonweale, commaunded an edict, which they
called 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.
And yet no doubt, but that a prince favouring one sect or religion, and
disliking another,Anaxagoras the orator, in his apologie to Antoninus: Tertullian in his apologie for the Christians:
and Origen against Celsus,
certaine of whose writings are yet extant. Whereby it is to be vnderstood, that
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 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 haue
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 theBoniface the viij were taken
from them, the master with a great number of his fellowes 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.
Wherefore, to discide the question before propounded, as whether
Communities,Solon did, in establishing the popular estate of
Athens. All which tyrants in their tyrannicall governments seeke vtterle to
ouerthrow, as well knowing, the unitie and amitie of subiects among
themselves,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 haue
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 Clodius the Tribune to be the more gracious with the people, and to
maintaine them in iarre and discord with the nobilitie Caesar being got to be
Dictator, to maintaine his owne power and weaken the peoples, put downe; but
were afterwards by Augustus hauing assured his estate,
by an expresse edict againe restored. All which Nero the
the tyrant againe suppressed. Whereby it appeareth, Tyrants alwaies to haue
hated the corporations and communities of the people, andDionysius 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,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 Charles the eight, at such time as it was with one
generall voice called upon, 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
consultBuzac to be executed, the most
notableBuzac a notable theefe and robber.
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 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.
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
As for slaues we have before said, them by the generall conAristotle hath tearmed slaues, 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 slaues 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 slaues as unto the free borne men. For what is
this so arrogant temeritie (should I say) or impietie of men, that forgetting
mens conditton and state, they should enforce this so diuine a creature, hauing
his libertie shamefully taken from him, not onely to serue their lust, but also
to make no more 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 slaues indeed: for that in the
citie Rome, slaues indeed had neither place nor degree. Neither did Metellus his speech concerning marriages to bee made in
degrees together belong unto 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 slaues were
oftentimes borne of vncertane fathers, their children were also accounted
vncertaine: and therefore slaues 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 pe
Next unto slaues are they whome they call State-free men, and after them the
Libertines,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 slaues and the
Libertines or manumised men, for in that their libertie was yet holden in
suspence, they were in better
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 uppon 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 upon him the
government
But forasmuch as one man excelleth another in some one or other vertue: and
forAlciat, who hath not doubted to
cite Triuultius the great captaine as author
therof.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 haue
divided genterPlato
have almost with one voice consented. And albeit that the Romans farre exceeded
all other people in martiall honour, and bestowed the greatest priuileges uppon
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 upon them passed, infamous,
But forasmuch as all citisens after they had taken upon 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: Lucius Sicius Dentatus, a
most worthie and Famous souldiour, and yet not therfore accounted any
gentleman.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 hauing 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 vnto
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 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 menRomulus in
the beginning of his raigne appointed, or from them which were afterwards by
the Consull Publius Valerius ioyned unto them, were
called Patricij (as hauing their beginning from
Patres) all the rest were common men, or else men of some
better note, whome they called Equites, or Gentlemen;
who were in the middestEquites or gentlemen: as
is to be seene by Lucius & Nero the Censors, who yet seruing upon 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 upon horses
prouided for them of the publike charge. Now I find that there were of the
Patrician Families The Patritian families in Rome: SylCiceroes 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 up 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 vnderstood by their statues or images) were accounted of as of
men of base & low degree. So it came 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 nobilitieThe noble Families in Rome. Licinia, Aurelia, Decia,
Caecilia, Aelia, DomiIgnobilis with the Latines, which in the selfe same sense
is of the Greekes called Patricij or
posteritie of the antient Senators: which for that they were almost dead and
worne out, Caius Caesar by the law Cassia,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 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 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 imageAristides, and the seditious declamations of Ephialtis) might by lot, and few by voyces obtaine:
butHeraclide, 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
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 haue
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
publiqueDemetrius 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 up in the tower of Pallas.
Amongst the Hebrewes were two sorts of noble men; the one descended from
theAaron, who only were priests:
the other from the stock of the kings. For why,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 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, Herod the Great. Wherein the
Hebrewes did Caesar in recounting of their degrees, first
reckoneth up 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 haueSellarium, 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 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 Calasyri, free from all
taxes and payments. Hyppodamus, who gaue lawes unto the
Melesians, did a little otherwise diuide the people into Souldiours,
Artificers, and Husbandmen: whose writings Aristotle
seemeth either not to have well vnderstood, or else not so wisely reproued, as
is euidently to be Stobaeus. I know not
Plato his mind, that hauing 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 over 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 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 concurring
But yet that which Plato setteth downe, That they which
are but obscurely borne,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 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 government: 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.
Yet question is, and I see it to have often times beene before demaunded,
whetherEuripides plainly witnesseth no trafique is to be made,
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 Euripides bringeth in a person according to the opinion
of the common people thus speaking: Aulide:
And yet we read not onely the vulgar add common sort of men, but euen * Aristotle
Lib. 4. poli.
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. Augustus the emperour supplied the wants of the
poorer sort of the Senators,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 takenTacitus reporteth of Cassius and Syllanus, the one 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 upon every bad Herodotus writeth, That in his time they
were by the customes of all people accounted base, which vsed
handycraftes: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 MechanicallEccles. cap. 38.Lycurgus
Lycurgus and Romulus their lawgiuers
forbidden to exercise mechanicall or handycrafts.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 slaues. 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 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 C. Cinna.
Cicero also thus speaketh of the Artificers, whom the conspirators with
Catiline stirred up 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 maintainedToga virilis or the mans gowne was by the Romaine
citisens worne, when they were come to be seauenteene yeare olde.Liuie reported, two thousand of the citisens to haue
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
Howbeit concerning the trade of marchandize, it is not well agreed upon 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 burthenQuaestus omnis (saith Liuie)
patribus indecorus visus, All gayning by trade (saith he) seemed vnto
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 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 Dionysius
Halycarnasseus, who writeth aboue an hundred thousand citisens to haue
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.
Neither do we see that to have bene the manner and fashion of the Romans
only,Lycurgus his pleasure, by an especiall law more
solemnly to prouide therefore.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 Non erit mercator in populo tuo,
Prince of wisdome
writeth, Mercatorem manus a scelere puras vix
Eccles. 24. Ezech chap.
82habiturum, A marchant hardly to have his hands cleane
from wickednesse. Wherefore the * Prophets most often, and the interpretours of
holy scripture, more often doeChrysost. Homil▪ 21. in Mateum.
Chrysostome not obscurely or doubtfully, but Vlpian the lawyer writeth.
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,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 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 whereCicero 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,
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,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 Eccles. cap. 38Marcus
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.
The order and vocation of Husbandmen and Grasiers, is also right
commendable:Cyrus the Greater, of
nothing vaunteth so much, as of the fields set and Serranus, also
Curius, Concinnatus, Torquatus,
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
The Hangmans office almost euerie where is deemed of all other the basest:
neither Deut. 17. and 19.
There is also in cities a great multitude of idle lazie fellowes, who neither
in time ofAmasis 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
Plinie writeth to preferre still the best and richest man unto honours
and places of commaund.
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 of
Neither are citisens but most seldome, and that also in time of great
necessitie, to bee
It shall also be more commodious and profitable to have one oratour or
speaker,Thurin and Orleance, when they called their assemblies. But if the
orders and decrees of citisens shall therein differ among themselves, it
But that diuision of the citisens (which we have spoken of) into three degrees
or parts,Patricij andPatricij and the knights made scarcely the fifth part
of the whole people, the people did therefore the more imperiously raigne &
rule: which was then especially vnderstood, when as by a law concerning the
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 Africanus also himselfe to have repented him, That being Consull, hee
had beene author of that matter. Thus much he. Whereby it is to be vnderstood,
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 vnto
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 L. Roscius Otho,
Tribune of the people, That the knights or gentlemen should sit and take their
places upon 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,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 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
Finis Lib. Tertij.
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, Paulus Manutius seemeth to have done: who writethAttalus king of Asia; of Coctius king of Alpes; of Ptolaemee
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 prouincesQuirites, which name
the Magistrates in 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 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 hauing 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 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 obserued, the soueraigntie over 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 vnto
another, maketh not another Commonweale, but onely a part of the subiects.
But that these things may the better be perceiued, it is to be vnderstood, that
al conuersions
Now Commonweales be also chaunged some times to the better, and sometimes to
the worse, whether such chaunge bee naturall or violent: yet the violent change
still hauing violent motions, and so quickely done; and the naturall chaunging
still be little and little, and so the lesse felt. But of all chaunges of
Commonweales, no voluntarieSylla, with incredible violence to have taken upon 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 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
But forasmuch as there are but three sorts of Commonweales, as wee have before
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 theMarcus Antonius, Augustus, and Lepidus) as also a Tetrarchie (or government
But besides these conuersions and chaunges of estates, which wee haue
alreadieRomulus,
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 vnto
the people, and the charge of commaund unto the Senators, vntill that by common
consent they had chosen them a king.
And some times againe it chaunceth, that the Royall, Aristocratike, or
PopularIephte, when as their
. 27.Dion, and in Florence after that the
nobilitie was thence driuen out by the people: which so continued a certaine
time without government, as a ship without a pilot or gouernour. And so after
the death of Abusahit king of Fez, that kingdome was in
most miserable case eight yeares without a king. As also after diuers murthers
of many the Aegyptian Sultans, the Mammalukes made choyce of Campson Gaurus, hauing lived a certaine time in a pure Anarchie. And
in
Wherefore when an estate is come unto a meere Anarchie, that is to say, when
no
The last point is, when as an Estate or Commonweale is together with all the
peopledAlexander the
Great vtterly rooted out, together with their city, sauing only the house of
Pindarus the Poet: upon the entrance whereof was
written▪ 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,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.
But this is in Monarchies speciall and proper, that the Monarches one of them
oftentimesAbuchemo 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 upon his dissoiall subiects,
making himselfe the emperours tributarie and vassall: but was againe not long
after driuen out againe by Barbarussa: the state of a
Monarchie yet neuer chaunging, no more than did the Roman empire, for hauing
had foure emperours in one yeare; one of them slaine by another: the estate of
the Monarchie neuerthelesse still remaining
Sometime also rule and soueraigntie is euen thrust upon men by force and
against their will: as first Claudius, and then Gordianus the elder were euen drawne and enforced to take
upon 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
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.
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 up 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 upon him the soueraigntie (though still by the imperiall hoast
besieged) being at last together with the citie taken and publikely
executed.
Now when I speake of the flourishing estate of a Commonweale, my meaning
isPapirius 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 whichPapirius
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.
Now if any man shal obiect and say, That the Romans were then but poore, as not
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 workmanshipDecebald, 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 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.
Now as for the causes of the chaunges of Commonweales, although they bee
Wee have now here before declared, That Commonweales had their beginningNimroth (which is to say a
Bitter Ruler)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 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 posteritieSolon hauing founded the Popular estate in Athens,
yet would not that the poore and common sort of the people should have part in
the estates. Neither the Romans hauing chased out their kings (albeit that they
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 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 afterwardsNuma Pompilius (to rule their religion
together with their policie) made choice of Tullus
Hostilius, a good captaine. Yea mostMarcus Antonius, a man altogether giuen to riot and
voluptuous pleasure, succeeded the great Augustus, a
most wise & Nero a most cruell tyrant, succeeded Galba,
Vitellus,
succeeded Vespatian the most continent: And unto the
monster of natureHeliogabalus 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 up: 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 behaued 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 hauing well tasted of the power of soueraigntie,
hee became the 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 thatTiberius 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 upright 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 arCambyses 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 Marcus Aurelius his father.
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.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 Dionysius
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 government, 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 Herod the elder, upon
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 Herod his sonne bene then in great favour
with Augustus the emperour, unto whome the elder Herod had before by hisHerod, 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.
But these conuersions and chaungings of kingdomes and Commonweales chance
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 upon 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 hathSardanapalus 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 upon 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 hauing abused his wife. Neither for any 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 upon the dressing of one peacock, as Paulus
Iouius reporteth: and to the end he might better conceiue the pleasure
of musick, stil couered
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 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.
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 up
the comminaltie to fall upon 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 Brutus, obtained
the greatest estates in Rome; the one of them for hauing driuen out the proud
king Tarquin, and the other for hauing slayne Caesar. And Arbaces gouernour of
the Medes hauing brought Sardanapalus king of Assyria to
such extremitie, as that he was glad to burne himselfe alive together with his
concubines and treasures, for reward enioyed his kingdome. So Lewes of Gonzaga hauing slaine Bonacolse,
tyrant of Mantua, was by the subiects chosen their prince, his posteritie euer
since by the space of about two hundred and fiftie yeares hauing enioyed that
estate. And the Venetians Eceline, obtained the seigneurie of Padua.
Some others there be, which seeke the tyrants death, and so the chaunge of
theRoderike, 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 Harmodius; and Aristogiton in Athens, and those which slew Domitian and Caligula the cruell
emperours. A thing which most commonly happeneth in the Popular estates,
wherein the new tyrants by force or fraud hauing oppressed the libertie of the
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 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 haue
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
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 government▪ 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 over them, albeit that hee were both iust and
vertuous. And he which now raigneth, not long since missed not Puccinus, neither can bee safe without a
strong garrison, so long as the citisens his subiects shall either remember or
hope for the rewards of their valour and libertie. And for this cause Dionysius the elder of Syracusa, being chosen generall,
and hauing made himselfe maister of all, and chaunged the Popular estate into a
Monarchie, had alwaies forty thousand souldiors in readinesse at his call to
set forward, beside a great garrison still attendant about his person, and
diuers strong holds, onely to keepe the people of Syracusa with a part of
Sicilia in subiection. And yet neuerthelesse was he no tyrant, as we call a
tyrant, that is to say, a cruell, vitious, and naughtie man: neither was he
euer amorous of other mens wiues, but to the contrarie sharply reproued his
sonne (as saith Plutarch) for hauing taken away one
Now if any man shall obiect and say unto mee, That force and feare are two
euillNuma put from
him the three hundred archers which Romulus his Seruius hauing 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 government 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 haue
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 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 prouideAugustus in his government, for the establishing of
his estate.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 government 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
Seneca) and so began to loue and reuerence him: he againe
on his part
Now all Monarchies newly established by the change of an Aristocratie, or
PopularPisistratus, when he had got
the chiefe office in the commonweale, inuaded the libertie of the people: as
did also Cypselus
Thrasybulus,
Gelo, Dionysius, Hiero, Agathocles at Syracusa, Panaetius, and Icetes at Leonce, Phalaris at Agrigentum, Phidon at
Argos, Periander at Ambrace, Archelaus in CaEuagoras 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 upon them the soueraigntie.
For in matters of estate it may be holden for an vndoubted maxime, that he
isArchon 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 hauing retained their forces foure monethes after
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 governments 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,
hauing the government 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
Paulus the Consull nine hundred thousandCaesar in
aspiring to the estate.Curio, fifteene hundred thousand crownes to take his part. The people
of Rome moreover 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,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
But the chaunge of a Popular estate into an Aristocratie chanceth commonly
uponNiceas
their generall, vanquished by the Syracusians and so discomfited, forthwith
chaunged their Popular estate into an Aristocratie of foure Pisander: so Alcibiades
against the Lacedemonians, tooke up 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 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 up
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 Gracchies, wherewith the Tribunes armed
the people in most insolent manner, insulting upon the nobilitie. In like
manner the Florentines ouerthrew their Oligarchie, established by Pope Clement the seuenth, restoring the people againe vnto
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 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 upon it selfe. For which cause also Onomadesme generall of the Commonweale of
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,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 government. 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 thePisistratus 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 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 government
by the ToresaAlexander 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 De Monte Nouo cast out, slaine, and banished, the people
forthwith tooke upon Alexander Medices the new tyrant, would have taken the
government 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 uppon them the soueraigntie. But this conuersion or chaunge of
Tyrannicall governments into Democraties,
Sometime also the people are so fickle and fantasticall, as that it is almost a
thing impossibleThucidides, 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 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 upon him the government, ended their quarrels, and
reconciled the citisens among themselves, together with the Commonweale: and so
hauing appeased the citisens, and reformed the Commonweale, being inuited to
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
government of the deputies, came againe unto their popular government, and so
with all renewed their civill warres. For redresse whereof Cosmus Medices,
Now albeit that Aristocratike estates seeme to many both better and more
assuredSeneca writeth. We read in the hystorie
of Cardinall Bembus, that the greatest assemblie
Now all these changes of Aristocraties into popular Commonweales haue
beeneThemistocles. And for this cause the nobilitie of the Argiues, being
almost all slaine by Cleomenes king of
Lacedemonia,Liuie writeth.
And therefore the Venetians, better citisens than warriors, if they bee to
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.
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 uppon 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 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, upon 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 government were committed to good men: but when it is giuen to
wicked and vnworthy men, euerie audacious fellow uppon occasion offered, will
easily 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 draue
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 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 hauing 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 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 upon 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 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
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 haue
power, wil forthwith put himself in arms, as he did. And had he gained the
battell against Ca▪ Antonius, hee had put theDion
banished out of Syracusa by Dionysius the yonger,
against whom for all that he yet tooke not up 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 133Artaxerxes
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 upon the king, and was like enough by his brothers Augustus, hauing discouered the
conspiracie of Cinna against him, and hauing 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 upon 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 Gonzaga the duke of Mantua,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 hauing
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
But these conuersions and chaunges of Commonweales do more often happen inIoseph 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
Pericles with long walles ioyned the Hauen 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.
But most often it hapneth the chaunges of Commonweales to follow after civill
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 BoPhilip 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
slaues and banished men inuaded the Capitoll, and missed but a little to haue
made themselves lords of Rome, whilest the Nobilitie and Common people in the
meane time were together by the eares in an uproar 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 upon him.
Wherfore such civill discord is most daungerous unto cities or estates,
especially if there be
Yet for all that a Monarchie hath this aduantage proper unto it selfe, aboue
theCharles the fift was the resolution of king Francis then his prisoner, who gaue him to vnderstand
that he wasFrancis
the French king, being prisoner to the Emperour Charles the fift.
And yet is there no kingdome which shall not in continuance of time be
chaunged,Charlemaigne and discending to his posteritie, so long
continued a true Monarchie under one soueraigne princes government, vntill that
the line of Charlemaigne
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 Frederike
should die without children.
And albeit that the estates of Hungarie, Bohemia, Polonia, and Denmarke, haue
alwayesCazimir 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 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 Charles the fift the emperour upon this condition
gaue them. And albeit that the colledge of cardinals after the death of
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 upon him more
power than had any pope of long time before him.
But that chaunge is of others most daungerous to a Monarchie, when as the
kingHugh
Capet the right line of Charlemaigne ended,
being Prouost 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 offCleomenes 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
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 vnto
his house and family, procured all the magistrats to be slaine: Lycurgus himselfe onely escaping, who after great
effusion of blood, held the soueraignty himselfe alone, hauing before almost
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.
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
Plato according to
the opinion of Homer hath called the Golden Chaine, that
is to say,
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.Psl 10Leuit. 27. Iob. 12.
Now what man is there of sound iudgement, which feeleth not the wonderfullEsay. 19.Plato the prince of Phylosophers,
hauing 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 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 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.
Now many there be, which have thought the conuersions and chaunges of estates
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,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 beneExod. 23. ver. 16 Exod. 11. ver.
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 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 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 vsMoises his
bookes, the Genesis, in Autumne: and Samuel, the most
antient Rabine Iulius Firmicus writeth, the Aegyptians
hauing 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 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 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 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 up 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 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 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, concerning
But yet it hath lesse probalitie by the foundation of townes and cities, to
iudge ofD. 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 Plinie saith) if they be built
upright 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
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
retSaturne, 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 hauing 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 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
upon this demonstration of the celestial motions, without cause blameth Iulius Maturnus, for that he placed the Sunne in the
first house, and Mercurie in the tenth, which cannot be
(saith he) except the sun should be from Mercurie the
fourth part of the circle (or three signes distant:) not hauing 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
Wherefore then I rest not upon such opinions, and much lesse upon 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 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,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 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? vnto
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 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 upon a
Munday, two howres after the sunne rising. An other celestiall Theame of the
same Citie is also taken out of the Vatican,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 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 Baldwin Earle of Flaunders seized thereon; which they
held together with the Empire, vntill that about fiftie yeares after they were
by the Palaeologi againe driuen out: who hauing so
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
But for asmuch as it were a thing infinite to refell all mens errours in this
kind ofPeter Cardinall
of Arliac.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 hauing noted six and thirtie great coniunctions of
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 upon
man kind by the influence of the 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
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 haue
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 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
But how much more certainlie and better do they, which hauing 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
Ioh. 39. and 40.Auriolus President of Tholose a most cunning lawier, but
a man either ignorant, or a contemneGenes. 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 Linus the most auntient writer of the Greekes, Orpheus and Heraclitus, shut up 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) vnderstood 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 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 Nimrod, who first 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 vnderstood the reuolution 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 vnto
Astronomers vnknowne. Wherefore by what meanes could they by any art conclude
mens fortunes, or the chaunges and ruines of cities and Commonweales, who
vnderstood not so much as the celestiall motions, and much lesse the histories
of all nations, when as yet they scarcely knew the tenth part of the
world?
Wherefore they do foolishly which attribute the Quadripartite booke to Ptolomey,
Nabonassar unto this our time,
to have ouergone almost a whole signe, 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 Cassius did unto a certain Chaldean
Astrologer, who forbad him to fight with the Parthians before the moone was out
of Scorpio: unto whomCassius 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 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
hauing receiued the new doctrine of Muhamed,
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 up in
the Turkes court, reuolted from the Turke, and tooke up 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
alsConstantine the Great being therein
chiefe doer: who hauing 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 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 Charlemaigne ouerthrew the estates of 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 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 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 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 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 allIo.
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 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
Yet doubt I not but that some more certaine precepts might be giuen of the
chaunges,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 fountainsviz.
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 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 over into Affrike, and inuaded 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 Iohn duke of
Burgundie, was 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 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 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 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
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 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,viz.
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 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 forMaximilian was so farre from the soueraigntie which he
had in his vaine hope conceiued, as that he yet liuing, and with the German
hoast also looking on: Sultan Solyman without any
empeachment hauing farre and wide wasted the borders of the Empire, besieged
and forced Sigeth the strongest place of the Empire, yea
of all Europe: showing well that he should not have too far assured himselfe
upon the prophecie of Luther, who hath left in writing
that the power of the Turkes should from thenceforth diminish, which yet
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 vnto
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 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)
upon 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 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 upon a
faire day was wonderfully darkened, euen at such time as Pericles the Athenian Generall began to set saile.
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 Polybius (himselfe an Atheist)
in his historie exceedingly maruelleth, That in the hundred and thirtieth
Olympiade in one selfe same time there was seene upon 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 upon 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 up in armes one of them against another; the Carthaginensians against
the Romans, Ptolomey against Antiochus, the Achaeans and Macedonians,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 haue
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 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 up 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 up in armes, and not onely the princes among themselves, but the
subiects also against their princes, as
Now as for that which Copernicus (the great Astrologer
of his time) saith, The changesEudoxus) have alwais 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 Copernicus might by a manifest
demonstration, which no man hath yet vsed, 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
But let vs now come unto the opinion of Plato, who
thought the chaunges andPlato concerning
the chaunges and ruines of Commonweales.Plato would say, for
no man as yet hath explaned this point; so that antiquitie it selfe hath not
without 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 viz. of two times three is
begot the number of six, which placed in the middest filleth up 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 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 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 up 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 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 CommonwealPolybius 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 Polybius) the first lawgiuers of that people wisely
deuised, to quiet and tame them, being by nature rough and barbarous, as
commonlyIulian 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 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 haue
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 Iulian the Emperour saieth to have beene in them so hautie and
impatient of seruitude, had not by Musique beene attempered and mollified.
But of all those things which we have yet brought to iudge of the future
chaunges
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 over this place as over 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 hauing curiously enough enterpreted seauen
of Plato his bookes de Republica:
Plato de Repub.
most difficult and obscure.Theon also of Smyrna (for there is an other Theon also of Alexandria; who writt a commentarie upon 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 upon 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 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,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. 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 fiue, 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 unitie: 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 sHeraclitus, to vnderstand 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 Plato onely,
but euen of Aristotle him selfe also, to the intent that
so hauing Aristotle boasteth
himselfe of purpose to have so writ, as that he would not have them to be
vnderstood, imitating therein Plato his most obscure
Timaeus: Which thing Lucilius writ also of him selfe,
that he had rather not to be at all vnderstood, then to be reprehended or found
fault with all. But let vs discover Plato his deceit by
those things which he himselfe writethPlato, 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 Faciamus hominem: Or let vs make man.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 Virgil in generall
saith: Igneus est ollis vigor & caelestis origo, A
fierie force they haue, 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 Plato to agree unto things immediately by God
himselfe created; and yet we see the same number neuerthelesse to agree vnto
most vile and abiect liuing creatures. For Aristotle
writeth the Hare (by the 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 vnderstood onely of the
male sexe: for experience showeth vs euen unto the view of the eye, that the
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 Plutarch in his booke entituled 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.
Wherefore it behoueth a man of deeper consideration to seeke out such
numbersviz. 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 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 upon their seauenth yeares: vnderstand 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 upon 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 Plutarch saith, The auntient Romans to have used to giue name vnto
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 vnto
men: As also that they thought the number of seauen to be feared. Howbeit that
the law of God commaundeth the male children 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.
Yet nothing seemeth in mans nature more wonderfull than that the yeare
threescoreObseruandum 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 obserued (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 up an infinit number not only of the poore and baser sort, but
euen of the nobler sort also, who ended their 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.
Now if any man will more curiously search out these things, whether it be in
thePlato 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 fiue
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 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 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 obserued) hauing bene kept from meat seuen dayes,
albeit they may live longer, shall yet Iubilie: neither is if to
be 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 obserued 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,Lactantius
In lib. de oppiicto Dei.
Cicero, who deceiued
many, in calling the numbers of seuen andMacrobius
vnderstandeth 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 Philo was herein also deceiued,
in taking ten to bee the most perfect number.
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 viz. unto the princes themselves, or els vnto
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 andEsaias, 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
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,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 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 Lewes the twelfth the French king, upon 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 hauing 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 upon 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 up,
unto Augustus the last of all the Roman emperors, slaine
Odouacer king of the
Herules, and the empire possessed by the Gothes, there are accounted 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 Augustulus, are accounted 1225 yeares: which number
consisteth of whole septinaries: which thing Vectius the
great sooth-saier foretold, asCensorinus 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
government, 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,
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 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,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 (hauing 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 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.
But that the numbers of six are almost unto women fatall, I thought it not
needfullCarola Charlet of Burbon his wife within two monethes
after Francis duke of Alanson at Anwerpe.
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 De Methode historiarum.
Daniel
concerning the rising and ruine of Empires and kingdomes. For I doubt not but
that Cyrus then beginning
his raigne, what time the captiuitie was ended, according to Hier. 2& Daniel 9.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 definethPompee said well: Vrbe deserta,
in parietibus Rempublicam non consistere, That the citie being
forsaken, the Commonweale consisted not in the walles thereof. But many Cyrus unto the raigne of Herode
the great (who hauing 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 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,Daniel to have there omitted fiftie empires, which I have 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 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 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 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 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 Zacharias
Chap.
Aggaeus, who
writ their prophecies in the end of the seauentieth yeare of the captiuitie,
Darius Nothus
Chap. 23.Xerxes, then truly Zerubabel and Nehemiah the chiefetaines of the people must needs haue
lived full two hundred and Cyrus began his raigne, as that they were able to
conduct 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 haue
bene of them onely fiue: 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
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.
Wherefore these examples thus propounded, it is lawfull by a certaine
coniecturall
Salomon the maister of wisedome hath sharply threatned
the torment of the wheele, saying, That God should cause the wheele to passe
over them: that is to say, the force and effect of the celestiall Spheres,
which over 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 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 Hanniball: For why almost
all men now despaired of the estate of the Romaine Empire: at which time of
distresse, of all others no man more hurt the Commonweale than did Terentius Varro the Consul, who with some few hauing
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 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 up 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
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 viz. That the people still dissented from the nobilitie; the Senat
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 obserued, (as Polybius
an eyewitnesse of those things, himselfe writeth) were alwaies of opinion that
the issue of Scipio beeing then their generall.
Wherefore the first rule for the keeping and preseruing of Commonweales in
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 resolued, viz. Whether a new law being
better, be to be preferred before an old antient law
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 ofThat 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
Publius Philo, was
the most necessarie law that could be in a Commonweale, viz. That it should not be lawfull for any person upon 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 yetLex 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.
Now if any man should say, That many lawes must oft times of necessitie bee
changed,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 upon vrgent necessitie it is to be
changed. And therefore Solon after he had published his
lawes, caused the Athenians to sweare toLycurgus 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 Aebutius the Tribune, decreed, That such of those
lawes as were as it were of themselves growne out of vse, should be
But for that the nature of man as of all other worldly things also, is most
slipperiAgis
king of Lacedemonia vnwisely attempted to have done: who desiring to
reestablish in the Commonweale the 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 uppon 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 up his whole 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 haue
forbidden all sumptuousnesse in apparell, and rich furniture, and not at once
to have encroached upon the libertie of the people, to have proued their
patience, and chaunged their discipline: For that to vse such a violent letting
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
eitheLoredan,
But as it is a daungerous thing for the subiects all at once to abridge or cut
shortGalba being deceiued, and hauing thrust Otho
out of the hope hee had conceiued of the empire, to adopt Piso to succeed him in the government, 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 government 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 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 vsed: whereupon all Fraunce was in such
tumult and upCùm 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 haue
bene not lawfully done, to bee impuCharles the ninth comming unto the crowne, and seeing
the number of officers through the libertie of the times growne almost infinit,
toLucilius merrily saith)
hauing neither trade nor occupation to live uppon, out of the old possession of
their lands, were it neuer so vniust. Whereof beside the iniurie unto them
done, daunger might have also ensued, least they not hauing whereof to live,
and so brought into dispaire, might have attempted some thing against the
state; and so haply drawne after them all their friends and allies alo, to the
great trouble of the whole Commonweale. For the same cause the king hauing
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
But now that which we have said, That the multitude of officers, or of
colleges, and 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
vsed, 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.
We ought then in the government of a well ordered estate and Commonweale,
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 vnderstand, and therefore not in any wise by vs in this place
to be omitted. Which I say not as meaning to take upon 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▪
Now the first and strongest reason that is to be had to make the magistrats and
officers
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
Another point which the wise law giuer ought still to have before his eyes, is,
To
Now if there were no more but the two reasons before alleaged, viz. The enioyingFrater noster est, He is our brother, shall suffice to cover 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.
But if the magistrats were annuall, it is most certaine, that the feare to be
called to account,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 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 upon wolues, or other wild beasts. In
which doing not onely the offendors were punished, but euerie man else also
upon 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 uprightly in the whole
course of their lives. Which benefits those estates and Commonweales must
neeedes want, which have Claudius wisely renewed an old edict or law, then growne
out of vse: which was, That hee to whome the government of any prouince was by
lot fallen (as the maner was) should forthwith, all excuses set apart, go vnto
his charge; and that the time of his authoritie and charge once expired, he
should not forthwith take uppon him any other new publike charge or government,
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 stillHannibal that great captaine to present a request vnto
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 Hannibal
taking for a great indignitie, sent a sergeant to lay hands upon the Questor,
and hauing 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, Chr.
Thuan, chiefe justice in that court, and Iohn
Tili, register of the court (who tooke upon 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 upon the
same bench. And for this cause it was ordained in the assembly of the estates
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,Philip the Faire had ordained, That no man should bee judge in
theMarcus 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
mostCaesar hisLib. 7.
Moreover the thing which ought of all others to be most recommended vnto
all
And yet besides these three, there is another great inconuenience also, in that
officesPlato 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
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 Campus
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 over 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 Marius, who hauing 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 upon him the charge of the wars against king
Mithridates (which by lot was fallen unto Sylla) howbeit that hee was now growne extreame old, to
the intent to obtaine the seuenth Consulship, and to continue a perpetuall
commaunding power unto himselfe. But Sylla understanding
of the commission giuen to Marius, and of the authority
by a tumultuous assembly of the people taken from him now absent (and hauing
also an army with him) contrarie unto the law and the custom of their
auncestors, straight way returned to Rome with his partakers, seyzed upon the
citie, where he made a most horrible massacre; which afterwards in such sort
continued,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 vnto
an extreame tyrannie. So euen for the same occasion three hundred yeares
before, the Popular estate was there chaunged into a faction of an Oligarchie;
not for hauing of offices in perpetuitie for tearme of life, but onely for
hauing continued the charge unto the Decemuiri, or ten Commissioners, for two
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 upon the libertie of the people, had
they not by force
So by the same meanes many Popular and Aristocratique estates were chaunged
intoPisistratus 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 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 hauing by his request made unto the people, procured
commission for five Pompey, for the ending of the Piraticall
warre: Whereof Dion giueth a notable reason, For that
(saith he) the nature of man is such, as that a man hauing for long time borne
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
But how then commeth it to passe, that euen children by way of complaint sue
toLewes the ninth reuoked them, and made them mutable and iusticiable,
by his decree in the yeare 1256.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 haue
before spoke of. And these reasons they for most part vse, which say, That
magistrats and officers should not be in a Commonweale perpetuall.
But now on the other side, they which maintaine it to bee more for the
publikeScipio 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,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
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
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 hadNon 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, upon 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 commonweale:
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.
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
In briefe, if we would have (as all men ought to wish to haue) 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 up 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
Plato would that the offices in
his Commonweale should
Now it is not like so many people and nations to have failed of the light of
nature,
But as men oftentimes erre in the maintaining of the societies of men▪ and
governmentPlato
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 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.
Now most certaine it is, that Commonweales in nature contrarie, are by
contrarie
But the Royall Monarch, who is in such sort to intreat his subiects, as is the
good fatherAugustus unto a great number of
the Senators,Plinie sayth: Nemo
omnes, neminem omnes vnquam fefellerunt: meliùs omnibus quàm singulis
creditur. No man euer deceiued all men, neither did all mPotier 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 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
uprightly discided in Europe by a competent number of
Now we have before said that in the royall Monarchie all the Magistrates and
OfficersPlato, who would have his Senate to be Lib. de Legibus Cap. 174.
But yet generally in every Commonweale this rule hath alwayes place without
exception,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,Lewes the ix, and Philip the faire, for the chastising of the officers, and the calling
of them to account.
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 considerationCo 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 ensueLewes 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 government of the state: who therefore with a
wonderfull consent conspired with the enemy against him, and brought him to
such a strait,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 vnderstood, 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,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.
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 haue
by this meane to continue still in their places, proceeding
The learned Budeus who was of opinion that it were best
to have the magistrats and offices still changeable, without hauing regard vnto
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 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 Miles, or a souldiour,
although he neuer drew sword: which title the other judges of that court haue
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 controuersies. Howbeit that king
Henry the second comming into the Parliament for the
publishing of certaine Edicts and lawes, which in that court could hardly find
passage (hauing it put into his mouth by certaine flatterers) said openly, That
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
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.
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)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 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 government of the Commonweale into his hands, who could
not see but by other mens eyes. But O how many are there of the blind, deafe,
and dumbe, not hauing in themselves any light of nature, neither wisedome, nor
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 upon the verie helme
also of the Commonweale?
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 officesLewes 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
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
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 over 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?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.
But now they which more subtilly reason of these matters, deeme to the
contrarie,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,Tullus Hostilius king
of the Romans, said unto Metius Suffetius Dictator of
the Albanians, The civill discords which thou obiectest vnto
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.
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 up to vertue,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,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
unitie 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 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 up
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
CommentariesLib.
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 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 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
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 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 upon the first occasion take up 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
But in euerie Commonweale it is expedient and necessarie, that the numbet of
theviz. 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 Caesar making sharpe warre upon them of Beauuis,
hauing in his armie two captaines deadly enemies one of them unto the other,
commaunded them to turne all that their hatred upon their enemies, who so in
his verie sight with great emulation gained a notable victory over 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,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.
Wherefore the contentions of the greater Magistrates are most daungerous in
aMarcus 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 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 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 upright, then over 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
vntimelyPhilip. 2.Vtinam Cn. Pompei, amicitiam cum Caesare nunquàm coisses, aut
nunquàm diremisses, I would to god, O Pompee, (said he) thou 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,Philip
Comines writeth; yea at such time as I was Embassadour in England, I
vnderstood by some of the inhabitants there, them to feare nothing more then
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
Herodotus speaking of the Medes; and Cicero
likewise of the Romans;Aeacus, Minos, and Radamanthus had
no title more honorable then the title of Iudges; who for 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
government 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.
But not to rest altogether upon reason and arguments, we will also vse the
examplesSalomon? 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 haue
powred out upon him all the treasures both of wisedome and of knowledge; that
so all men might vnderstand God not onely 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,Adrian refused to aunswere her preferring unto him a request, excusing
himself, That he was not then at leasure, Raigne no longer
then (said she) but discharge thee of thy charge thou
bearest. Whereunto the emperor hauing not what to answere, presently
staid & did her iustice.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.
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
These arguments and reasons thus by vs before alleaged, make a faire show vnto
them who sufficiently vnderstand not, nor by experience know not, the secrets
of soueraigntie,Scylax faigned unto himselfe the kings of the Indians
to be; that is to say, so much better 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 vnto
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 haue
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 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 Mithridates also king of Amasia, imitating of Alexander the Great herein, surpassed him, that hauing set up 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, Dionysius the younger moued with the fame
and vertue of Plato, caused him to be sent for vnto
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 ePlato, 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 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 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,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 up; 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 hauing 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.
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
And truely unto me more deepely considering of the matter, almightie God
(theMoyses. 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 upon them his great and infinit favours, larges,
and bountie. If therefore the wise 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 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.
Wherefore a prince that wise is, so oft as he should show himselfe unto the
peopleThat 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,Tiberius the emperour, least he should in any thing
offend, brought in a new fashion, as to be spoke vnto, 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 upon. 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.
But I know that some of contrary opinion unto mine, wil say, Is it not the true
estate and office of a prince, to doe iustice unto his people? to heare the
complaints of his subiects? to see the requests of his own? and by the mouth of
every one to vnderstand of their iust grieuances, which are commonly
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 Francis D' Aluarez is to be seene, where hee speaketh of
the maiestie of the Great Negus,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 upon their knees, with dust upon
their heads.
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
Now the greatest daunger that can come unto a prince, to doe all by others, is,
leastChilderic, 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 Tiberius hauing 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,
As for the administration of iustice, and the hearing of the complaints and
griefes ofAugustus, 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 up 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 Demetrius (he which was called the Besieger)
hath for iust cause beene blamed: who hauing receiued a great number of his
subiects requests, put them into the lap of his mantle, and at the first bridge
he came vnto, whereby hee was to passe over 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 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 vnto
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.
But suppose that the prince were at leisure, and that hee both could and would
see,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 Tiberius
the emperour hauing obtained the empire, protested in the full Senat, and
afterwards by his letters made it knowne unto the officers, That hee would take
uppon him nothing which belonged unto the iurisdiction of the magistrats;
But here some man may say, That a prince may be so wise, so iust, and so full
of understanding,Titus (a man of so great courtesie, as that he was called
Humani generis delitias, or the myrror of mankind)
gladly took upon him the office of the great bishop, because he would pronounce
sentence of death upon 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
anyAugustus the great emperour, for wisedome inferiour vnto
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 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 resolued in any wise to have put
Ligarius to death, said, That he pleaded not before
him as a judge, but as before the father of the people: and hauing somewhat
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 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 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 resolued 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 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.
But now if it bee so hard for a prince in this case not to erre and bee
deceiued, thenSeruius Galba a great oratour, accused,
attainted, and condemned of treason befor the people of Rome; not hauing 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 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 Zamosche the Polonian
ambassadour.
But suppose the prince to bee such an one as is not easily to bee moued vnto
pitie orAugustus 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 Augustus suddenly staied, and finding
himselfe transported with choler, and so to bee too hastie in iudgement, to
stay his anger forthwith brake up 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 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 up 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 one
But let vs proceed farther, and suppose, that the prince have the grauitie, the
knowledge,Hiphil, ordinarily vsed, 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 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 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 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.
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 upon him the hearing of the matter. For when the duke of
Alencon (Charles the 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 soCharles 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 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 Philotas, Calisthenes, and others which conspired against
his person, least he should so seeme to have terrified the judges, or to haue
taken fromQuintus 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 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
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
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
unitie of his owne people, as in a most 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
Now to say as some men do obiect and say, That if the prince in person
himselfeThucidides (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, plainlyIethro, 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 Moyses
followed. So likewise wee read, that Romulus hauing
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 up and included within certaine bounds: which
for all that the princes flatterers, or Claudius the emperour, (the most sottish lout that
euer was) who yet would alwayes be iudging and deciding of causes and
controuersies: 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 byAn old man, and a
foole too. And another Salomon, in
wisedomeAngustus, 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 Agesilaus had with the bruit therof filled all the lesser
Asia, Greece, and Affrike, whome yet when the king of Aegypt had seene lying
upon 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 Lewes the eleuenth, who being chosen arbitrator in a
controuersie 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 upon 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 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,
Wherefore with greater reason ought a prince, when as he commeth to an
enterPhilip
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.
Now that which I have said, It not to be fit for soueraigntie, or for
soueraigne princes Sylla the Dictator had remitted the hearing of all causes unto the
magistrats, excepting the offence of treason, and that in the highest
degree.
But yet besides the inconueniences by vs before noted, nothing hath euer bene
moreTheopompus king of Lacedemonia, who hauing 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 upholden and staid by most strong shores, and rest upon
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 haue
done many things wisely, so have 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 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 vnder, 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 government (as saith Plato) for
the vnbridled libertie and insolencie of the people, taking upon them the
hearing of all things, aboue the authoritie, iurisdiction,
But the best kind of Commonweale is that, wherein the soueraigne holdeth
whatCaligula, who would not that thePaciam
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.
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.
But it may be some man will say, That seditions and civill warres are good and
profitable
Now if seditio
But all this which we have yet said, is to be vnderstood but of factions which
concerneFrancis 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 Augustus with
Q. Gallus, who hauing 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 upon Augustus himselfe, as many men supposed, vsing therein the like
subtilty: a craft that had his vncle Caesar before vsed,
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 Nero was greatly deceiued, who hauing discouered the
conspiracy against his person and estate, would needs by torture & torment
know all them that were partakers therein: wherin Alexander
the great hauing 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 Tacitus well
sayed, Optimum remedium insidiarum, est si non
intelligatur, The best remedie of a conspiracie is, not
to seeme to vnderstand 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
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 prouerb; 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 Maurice and Albertus marquesse of Brandeburg
his familiar and domesticall 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 powerPhilotas,
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,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,Domitian went to
seeke him out euen into his cabinet with his arme in a scarfe: in such sort as
did Aod kill Eglon king of the
Moabites. And if Cosmus Medices duke of Florence (hauing
ceized upon 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
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 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 Sophia: and to auoid the punishment which they (hauing 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 Alexander the Great, who seeing Ephestion and Craterus his
greatest friends, upon 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 Archidamus king of the Lacedemonians, wisely prouided for
himselfe, whoArchidamus 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 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.
Sometime also a tyrant seeing the nobilitie in the State to flourish with the
strength 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 Hasdrubal the Generall with the rest of the Carthaginensians which
were fallen into their hands, to the end that hauing 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
But if discord and contention be amongst the princes and great men themselves,
&
But in ending such controuersies, the prince aboue all things must beware that
heePhilip 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 upon the person of
the king himselfe. Neither for any other cause did Henrie the sixt, king of England, stirre up 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
upon him to be captaine of them of the faction of the house of Lancaster,
against them of the faction and house of Yorke: who at length hauing vanquished
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 upon
the favour that the emperour bare unto the viceroy of Naples, against the
marquesse. It were but lost time to 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 upon
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.
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 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.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
yetRotaris 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
Lewes the ninth, hauing 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 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
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 Francis the first the French
king, who in a great assembly of his greatest peers one day said, that he was
not an honest man which could endure the lie giuen him. Which he said, hauing
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 up 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 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.
But whereas we before said, that the combat is for the auoiding of greater
inconueniencesPhilip the Faire hauing forbidden combats, thought it not
good otherwise to restore them againe unto the nobilitie,
But if quarrels and contentions arise betwixt whole families, or betwixt whole
corporationsNero
had not for the keeping of them in, dispersed the souldiours of his guard into
every quarter of the citie, so to keepe all quiet, vntill that the execution
was done. Whereof Iustinian the emperour hauing euen in
like case failed, fell into the great and daungerous sedition (whereof we
before spake) which upon the sudden set all Constantinople almost upon a light
fire. As not long ago the two most famous cities of Paris and Antwerpe, were in
great tumults and uproares, 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 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 haueCa. Marius to haue
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 up in peace or warre wee will
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 or
And as for them which goe about by force of armes and strong hand to stay
theAppius 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 Cato the Censor, speaking of the people of Rome, sayd,
The hungrie bellie hath no eares. Neither in that case must the magistratsPlato and Xenophon
giue leaue unto the magistrates to lie, as physitions to children and their
sicke patients. So the wise Pericles, to draw the
people
Yet whereas we have said, that the people is to be flattered, and to haue
somethingAppius, 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 governments, 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
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 uppon 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 upon 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 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 uprore 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 up 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 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 upright 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
But if the people once enraged be alreadie up in armes, it is a most hard and
daungerousVirgil most excellently expressed in these few verses
following▪
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, showing
There is also in the reuerend feare of religion a great power for the staying
of theFrancis Soderin the
bishop attired in his bishoplike attire, and attended upon with a company of
priests, and a crosse carried before him, came into the middest of the furious
citisens, so bandying it one against 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.
But sometime such is the deadly hatred of citisens amongst themselves, as that
they
But religion by common consent once receiued and setled, is not againe to be
called
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
vnderstood, lawes disputed and reasoned upon to bee still doubted of; which
doubting brought with it an opinion of the iniquity thereof; whereof must needs
follow the contempt Anaxagoras maintained the snow to
be blacke, and Fauorinus the Quartaine feuer to bee a
very good and wholesome thing; and Carneades hauing 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: 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 uppon paine of 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 up and downe in
the desart) he commaunded the priests and Leuits aloud and distinctly to reade
the law, yea, and that dayly also, that so it might bee vnderstood Optatus Mileuitnus.
For why, disputation wasLib.
3.Lib. 6. De militari ac domestica
Romanorum disiplina.
Polybius himselfe an Atheist) are of accord, That there
is nothing which doth more uphold and maintaine the estates and Commonweals
than religion: and that it 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.
I will not here in so great varietie of people so much differing among
themselves inTheodosius the elder, who at the
beginning of his raigne found all the prouinces of the empire full of
Arrians,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 upon the same foundation. The great
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 uppon the
mountaine Athos (being Christians) to pray for him: as did Augustus to the Iews, to whom he ordinarily 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 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 Ptolomeus Lagus (as Agatharchides writeth) and after him Pompeius, after long siege hauing 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 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 uproTiberius caused such as would not remoue thence,
either to chaunge their religion, or to become slaues; 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 upon 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 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 wriReligionem imperare non possumus,
quia nemo cogitur vt credat inuitus, Religion (saith he) we cannot
commaund, for that no man is compelled 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 upon 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 profesNaaman the
But now, whereas some men maruell how it came to passe, that in the time of Theodosius,
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 Solon by law prouided, That in civill seditions and troubles, every
man should ofSolons 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 Solons law to be most profitable and necessarie also
unto Popular and Aristocratike estates, wherein is no soueraigne, which
standing as neuMars, whome the
auntients called Fire-bearers, who hauing orderly performed their
solemne execrations, cast fire brands betwixt both armies standing readie
ranged, and so stirred them up 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 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 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 A thing which God (as Salomon
Prouerb. 4.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 vnto
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.
Thus have we seene certaine meanes for the appeasing of tumults and
seditions
Another and the most vsuall way to preuent sedition, is to take away the
subiectsAristotle speaking of the Barbarians,
accounteth it for a strange thing, that a man should in a quiet and peaceable
citie
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 ordina
Now we have before spoken of the causes which worke the chaunge of estates
andAchab, 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 Hippocratts, who
unto desperat diseases forbiddeth vs to apply any remedy at all. But beside the
causes of seditions & rebellions, which wee haueHercules
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
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
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 upon Munster the Metropoliticall citie of Westphalia, and there taking
upon him the state of a king, was hardly after three yeares siege by the
imperiall armie thence remoued. And by the selfe same Hierome Sauanarola a preacher,
incited by Anthonie Soderin, uppon 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 up the people against the nobilitie. How
often hath the speeches of preachers bene 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 aPlato saith) by the sweetnesse of their eloquent
persuations, charme euen the most sauage and cruell people. Neither is there
any other
Plutarch (hauing 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 government of
few; and the inhabitants of the Port Pjree, desired an Aristocraticall State,
that is, a mixt government 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 Plutarch
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 (hauing their originall out of Sweden) to be verie different in
manners, nature, and government: 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
estateAristocratia, 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 government; 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, ThatGentes 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 bringsPlutarch) 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 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 greatestL. 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 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 Valerius Maximus doth testifie.
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 vnderstood, when as
the reason is vniuersall, and not whereas a particular reason of places and
persons receiuesIsocrates 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 vnderstand
the infinit varietie which may be betwixt the people Hipocrates doth confesse, the which we must reconcile with the rest,
in settingHipocrates
shall bee vnderstood 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 Plutarch, Tacitus, Iuuenal, and in our times the Baron of Herbestein
have obserued: andAmiot in his translation of
Plutarch, upon the towne of Marius, tearmes them red
and chesnut eyes: wheras he should have called them greene eyes: the which is
verie apparant.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,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 Aristotle doth
affirme in his Problemes, That the heatLeo of Affrike) also the sun casting his beams perpendicularly upon
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: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 morePlutarch witnesseth, That they were all molten with sweat, and
languished 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:Leo of Affrike, and Francis of Aluares, (who haueMagellan found neere vnto
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 foTacitus saith, speaking of the Germans. And
although that Traian had made an admirable bridge upon
the riuer of Danow, and vanquished Decebalus
Adrian his successour, caused it to bee broken downe,
fearing least the people of the North (hauing 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,Esai. 14. 41. Ezec. 16. 51.
Dan. 8. 48. Zah. 11.Plinie) so hardly upon 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 i. ab humore,
from moisture, are to be beleeued; experience teaching vs, That when the
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.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
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 upon the waters, but the base
and bastards would sinke to the bottome. And euen as the peoplePolybius saith, That
to vanquish the Celtes, you must but ward their blows 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 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 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 baHerodotus, who for good wits and civill
behauiour commendeth the Caesar (in
his 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 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,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 miridionallN. 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 Galen confesseth, That
flegme makes men heauie and dull; blood 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 upon the proofe of any example, nor upon 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 up in civill discipline, from the rude and barbarous, in this varietie
of soules and humors which he hath supposed, wee will Tacitus speakingHerodotus, 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
SeigneMansor 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 slaues, as Leo of Affrike saith;
knowing well that the people of the North have more force than subtiltie, and
hauing receiued entertainment of any prince, they alwayes remaine faithfull for
the guard of his person, and to revenge his iniuries (although he be a tyrant)
neuer aspiring to his estate. And therfore Chereas captaine of the guard to the emperour Caligula, hauing slaine the emperor, was Iosephus writeth) forbeare
revenge. In like sort the antients have obserued 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 omitDracula duke of Transiluania,
and of Otton Trucces, who caused 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 upon the wheele was inuented in Germany, and the impaling or setting
men upon 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 haue, 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,Polybius speaking of the wartes of
the Speudians, and Carthagineans, people of Affrike, he saith, That there was
neuer seene nor heard of any 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 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, hauing taken the king of Gagao, he caused him presently to bee put to
death, and his children to be guelt to serue him as slaues, doing the like vnto
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 Theophrastus
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 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,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 upon instruments of musick, presently the spirit of God
fell upon 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 Tully sayth,
Furor in sapientem cadere potest, insania non potest,
& furioso curator datur,
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 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
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 andVenus, 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 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 inHippocrates 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 heM. 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,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 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.
BeingMendoza the spanish Ambassadour 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, hauing made himselfe
king of Munster in 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 vnto
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 theElephantiasis, 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 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 Titus
Liuius hauing 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 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
government of the Commonweale vseth that which he hath most at commaund: The
nations of the North, by force; 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
controuersies decided by single combat: Which lawes could neuer be
abrogated,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 Christopher Colombus when he could not draw the people
ofFrancis 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,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 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 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 with
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
areCambises: 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,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 governments: the which hath a straunge sympathie in mans bodie, which
is the image of the vniuersall world, and of a In Method. hist. cap. 5.Mars, sheweth
plainely the nature of the people of the North to be sanguin and warlike. The
left side, which is the feminine part (so called by the Philosophers) and the
weaker, hauing the spleene and the melancholike humor, discouers the qualitie
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.
And thus much as touching the generall qualities of all people: for as for the
particular,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 obserued, That the people of Sina (the whicPlato
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
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,Leo doth testifie. This force and vigour doth cause the
mountainersPlutarchs
demand, Why the inhabitants of the high towne of Athens required a Popular
estate, & those
We must therefore carefully obserue what euerie nation desires, and what they
abhorPolybius saith, That the auntient
lawgiuers of Arcadia, had strictly bound the inhabitants of the mountaines of
Arcadia, to learne musicke, upon great penalties: thereby to temper the
naturall sauagnesse of that people. Titus Liuius also
speaking of the Aetolians dwelling on mountaines,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 Swissers
As for the inhabitants upon the Sea coast, and of great townes of traffique,
all writersCaesar speaking of the inhabitants
of Tournay, These men (saith he) for that they are farre from the ports of the
sea, are not 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 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 prouerbe 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 isNon eris mercator in populo tuo, There
shall be no marchant among
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 theTitus 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:Plutarch saith) to the inhabitants of Sicilie, who
by reason of their continuall wars, wete growne like vuro brute beasts.
But he that would see what force education, lawes, and customes, have to
chaunge Tacitus the
Proconsull,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.Plato maintained,
That there were two arts necessarie in al cities, Wrestling,Licurgus
Caesar
saith, That in his time (which was some five hundred yeres
But it is needfull to purge an errour into the which many have fallen, hauing
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
Scaliger borne at VeBaptista
Mantuanus, the most excellent Poet of his age, writes thus of the
French,
The constancie of the French appeares plainely by the religion which hath bene
receiuedCaesars
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,Plutarch sayth,Tacitus writing of the Germains, saith, that they hold it no dishonor
to denie their word. The Eastgoths and Weastgoths being expelled by Attila, they required some land to inhabit from the
Emperour Valens, swearing to imbrate the Christian
religion, which hauing granted them, they treacherously seazed on Valens, and burnt him alive, and the people of Gronland
which are neerest unto the Pole, being of an inconstant humor, as Munster
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 upon
mountaines, hauing 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,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 Charles the fift, seeking to kill the strangers, they
shewed them Febues, and the inhabitants of the countrie called
them Haues; 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.
Plato
called riches and pouertieThomas 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 Plato hauing 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 Agis seeking to bring Nabis the
tyrant hauing 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,Solon and Agis
did publish an abolition of debts, for the vsurers (hauing 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 up seditions: whereas if the hope of
these abolitions 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 degreesPlato 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 obserued in succession, diuiding the lands by
the powle; it was impossible, for that he might see before his eyes, or soone
after,Hippodamus law-maker to
Aristotle did like well
of, but by that meanes they must banish the ouerplus, or else execute the
cruell law of Plato approued by Aristotle, who hauing limited the number of his citisensThomas 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 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 assignedLeui, 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
As for abolition of debts, it was a thing of a daungerous consequence, as it is
said, notSolon, 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 ofTacit. lib. 5. Pest. lib.
19.Cato said) worse than a theefe, which was condemned but
in the double. The same law was afterwards publishedDuilius 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
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 obserued, 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 Iustinian
hauing rated vsurie for the countrey man at foure in the hundred in money, he
decreed, They should pay but twelue in the hundred in fruits, and not fiftie in
the hundred as had bene formerly vsed. Charles of Molins
had no cause to seeke to correct the Greeke and Latine text of the law, against
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 Iustinians decree, it was lawfull to
take fiftie in the hundred for fruits. It is farre better to relie upon the law
of God, which doth absolutely forbid vsurie, and the creditors good deeds shall
be more meritorious and more honourable to lend withoutNehemias (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 Calixtus the 3, & Martin the 5, popes,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 sweetnesEdward the first,
which did forbid all church men to purchase any land; as it appeareth in Magna Carta: the which hath beene sinceCharles the fift in Flanders, upon paine of confiscation:
the 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 upon 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 Philip Augustus, That the
goods of him that dies without making a will,Richard king of England and earle of Poitou, it is said, That the
goods of the Rochelois should not bee confiscat, althoughFerdinand 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 hauer &
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, vnder
rigorous paines; being also straitly defended for many 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 hundredAllemont 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 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 thePhilip 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,Sextus
Titius the Tribune presented a request unto the people, to the end that
the receiuers of the reuenues might Thorius the 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 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 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.
There was also another cause of this inequalitie of goods, which was by the
libertieSolon first published this law) had
not free libertie to dispose of their lands. And Licurgus hauing deuided the lands of the inhabitants of the citie into
seuen thousand parts (some say Plutarch
saith, speaking of king Agesilaus, who in the beginning
was bred up 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,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 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
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 Albert, & Sigismond Augustus kings in the
yere 1495 & 1538, & by an edictPeter duke of Brittaine, forbidding the common people
to purchase the seigneuries of noble men, upon 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 nobilitieIustinian the Emperour, or rather
Theodora his wife, hauing 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
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 Voconius Saxa the
Tribune, by the persuasion of Cato the Censor, presented
a request unto the people, the which passedAugustus time;
who 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 slaues 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 Charles the 9, which forbids to giue unto a daughter in marriageCharles 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 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 haueMondidier, and in that of Vendosme, (an antient
dependance of the countrie of Aniou, before that it was erected to a Countie or
a Duchie) where as a yonger brother of the house of Aniou, hauing taken his
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 obserued 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
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,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 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,
Tiberius, Pretium festinand,
Tacitus) that is to say, Murtherers in their persons had
that aduantage over 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.
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 vnto
the daughters (who have lesse power to revenge) a fourth part of their mothers
goods. But there is a greater inconuenience if
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
leTiberius the emperour made the way to a most cruell butcherie, leauing
to the value ofCaligula
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 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 obserued 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
If any one will obiect, That we need not to feare these inconueniences in a
Royall estate, hauing to doe with good princes: I annswere, that this right of
confiscation isAchab king of Samaria could 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 recover Lewes? and yet by the meanes aforesaid, hauing caused Peter of Dreux to be condemned, he did confiscat, and
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.Philip Augustus. The
dutchie of Alencon,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,
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, vnto
such as shall deserue well, the which he may do before they be incorporat vnto
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 recover 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 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
Sacramenta, as Sextus
Pompeius saith: for which cause Titius Romilius
refused the peoples bountie, which had decreed that 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 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 vnto
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
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, orCaligula, whoDomitian, 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 Tacitus
writes, the Germans did attribut all the honour of their goodly exploits vnto
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.Luctatius
and Valerius his lieutenant, upon a controuersie they
had for the triumph, the which Valerius pretended to be due unto him, for that the
Consull was absent the day of the 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 PopularPolybius) 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 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 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 honourDemochares required
Demosthenes, after that he had made a repetition of his prayses,
wherin there was no lesse profit than honour. But the Romans (to giue them to
vnderstand that they must not esteeme honour by profit) had no crowne in
greater estimation,Q. Fabius Maximus, surnamed Cunctator, with this title, Patrie
seruatori, To the preseruer of his countrey. Wherein the wisedome of
the auntient Romans is greatly to be commended, hauing thereby banished
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 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 whichMarcus 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 resolued 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 ploPyrrhus, 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 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 Que bonne renommee valoit meux que ceinture doree, That a
good name was better than a golden girdle. For alwaies vertuous men haue
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 uponOwen: whereuppon all the knights of Hyperbolus one of the worst and wickedest men of
Athens had bene condemned by that law.
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 exceedLewis, 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 Charles the sixt at the siege of Bourges made aboue fiue
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 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 secondLewis
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 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 institutionLewis the II, not to increase that number, although the Soueraigne
Prince and the whole Chapter were so resolued; but in my opinion it is one of
the chiefest articles that ought to have bene dulie obserued: to auoid the
inconueniences which we have seene by the infinite number of the order of Saint
Michell,
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 haue
their Seigneuries erected into Earledomes, Marquisats, 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 Alexander Seuerus did, who caused one to be tyedSpartian 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
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 hauing 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. ForMeroue and Charlemaigne were
expelled 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 whoTitus 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. Moreover 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 commonlyCallicratidas 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.Tacitus giues the reason,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 Lewis notes them with infamie that haue
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 obserued, as I
have vnderstood 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 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 willCicero, whereby it was
decreed that a Senator condemned of ambition should be banished for ten yeares,
but it was not obserued 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 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 upon the declining of the popular
estate, the which was ouerthrowneHeliogabalus 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, orHeliogabalus, paied but one crowne vnder
Alexander, resoluing, if he had lived, to take but
the third part of it, but he raigned but Seuerus, by reason of his seueritie. He hated flatterers
as aFrancis the first became (through his old age) austere and not so
accessible, the flatterers and horseleeches of the court came notHenry the second brought Philip of Valois, and
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 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, behaued himselfe wisely, For to vs (said Aristippus) which demaundPlato 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.Charles the fift, emperour, being come into Spaine,
toFerdinand: 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 moreover 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
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 subiectsHoratius Cocles (who alone had
withstood the enemies armie, and saued the citie from sacking, and the citisens
from ruine) they gaue him an acre of land, or little more; the which was much
at that time, hauing but two leagues compasse about the citie. But Alexander the Great gaue kingdomes and empires, and
thousands of talents: if he had done otherwise it had beene against his
maiestie Alphonsus the fift, king of Castile, gaue the kingdome of Portugall
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 upon 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 haue
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.
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 vnto
him. I know that bountie &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 Iulio the third, hauing created P. M. du Mont Cardinall, being a young boy whome he loued, saying,
That it was a great dishonour to blemish so honourable an order with so base a
man, hauing neither vertue in him, nor learning, neither nobilitie nor goods,
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,Heliogabalus, who gaue the greatest offices,
and inriched the Seuerus maintained, who caused his name to be set up in
all publike places, whome hee meant to preferre to any government, 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 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 theDemosthenes. Hauing 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
Aristotle
simply, and to maintaine that a citie ought to be well fortified, well situated
for the sending forth of an armie, and 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 allowPreste-Ian, which is the greatest lord in all Affrike,
hauing (as they say) fiftie kings under 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 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
But there is a more necessarie reason against the fortifying of places, it is
to bee feared, that an enemie entring the stronger, and taking those strong
places, hee will hold them, and by that meanes the whole countrey: whereas
otherwise hauing once spoyled it, he shall be forced to leaue it. For this
reason Iohn Maria de la Rouere 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 popeAlexander being dead, the duke of Vrbin was receiued
with great ioy of his subiects,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,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
over 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
theSalomon was the 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
Caesar forced it, the which had beene long since
rased if it had bene fortified, hauing 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, hauing
If then forts and citadels make a bad prince to tyrannize, an enemie to ceize
uppon
As for the other question, Whether we should traine the subiects up 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,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.
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 open
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, Cleomines
king of Sparta hauing lost the battaile of Selaria, hauing no place of retreat
was forced to flie into Aegypt, abandoning Lisander hauing 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 weakeTamberlan emperour of the Tartars, who
defeated Baiazet king of the Turks with all his armie.
Euen so the king of Fez induCharles the fift, and was a buckler vnto
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 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 upon the first
battaile that is woon within the countrie, as we reade of England, 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 (hauing 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 giuenPaulus 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
Tully writ, That noDion. Halicar. lib. 7. Liuis lib. 3.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 upon the french, and recouered that
from them which they had 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 Pompey win, and lamentable if he do win: But it was
more cruell betwixt Augustus and Marc
Anthonie: for which cause the emperour Augustus
hauing changed the popular estate into a Monarkie, was not so ill aduised as to
discharge the fortie legions, but he sent them into prouinces, & upon 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
BishopsAnacharsis said unto Solon, for
that none but weake flies are taken in them, and 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 haue
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 cowardPolibius) were neuer
more vertuous, nor the subiects more obedient Pyrrhus
Hanniball at an other were at the gates of
Rome; but after that Perseus and Antiochus were vanquished, hauing no enemie left whom they might
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 notSamuell in an oration which he made unto the
people said, That God had stirred them up 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 manyManlius Capitolinus said, Ostendite
modo bellum, pacem habebitis, videant vos paratos ad vim, ius
ipsiremittent: Shew them Augustus did, although he had
changed Denis the tyrant did, hauing surprised Acradina theCosme de
Medicis duke of Florence had made two Cittadels in Florence, with a
garrison of strangers, hauing found by experience that it was impossibleAristocratia 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 theContarenus 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, imployingIulio
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 Henrie the second, and the emperour Charles the fift, as a certaine rumor spred abroad, That
the emperour demaunded a peace: which was to get the highest point of honour,
which a generous prince may desire, yea if he were entred into anothers
countrey. As the same emperour did in the yeare 1544, hauing thrust all the
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 thatLewis 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
Coriolanus: But contrariwise being
vanquishedPerseus, 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 upon 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,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 thatAugustus said, who for this
reason neuer gaue battaile but upon necessitie. But it is not vnfitting a poore
pIulio 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 Furius Camillus hauing sent
home the children of the Falisques, whome their Schoolemaister had brought into
his campe, he conquered their citie without striking stroke. And Fabricius hauing sent unto king Pyrrhus the Physitian which offred to poison him, refusing halfe his
kingdomes and his treasure, (although he were one of the poorest gentlemen in
Rome) and causing their ransomes to be paid, whome Pyrrhus had freely set at libertie, beeing loath the Romans should be
bound in any respect unto so great a king. Or as Scipio
who hauing conquered a good part of Spaine with little paine, sent backe a
ladie of singular 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 vanquishedHannibal hauing appointed eight thousand Roman
prisoners to be ransomed for an hundred crowns a peece one with another, hoping
that the Romans who had lost so many men, would willingly pay their ransoms:
but the Senat decreed, That no one should be redeemed at any rate, giuing all
to vnderstand, That either they must vanquish, or be slaues 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.Hannibal hauing sucked so much blood of the Romans,
he would also exhaust their treasure, in drawing from them eight hundred
thousand crownes, and restoring unto them the veriest cowards of all the Roman
armie; making every one to resolue either to vanquish or die, hauing lost all
hope of libertie, whereby they became fearefull and inuincible. And euen as
they neuer fainted in their losses; so were they neuer proud nor arrogant in
their victories. For when as Antiochus the Great hauing
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 lostAntiochus,
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
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 iPhilip 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
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 hauing the
reputation of a valiant and generousVrget 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 hePelopidas, Marcellus, Gaston de Foix duke of Nemours, and
many others, whose death hath drawne after it the hazard of the state.
I will not here treat of the art of warre, which many have handled, but onely
that which concernes the state. I conclude then, that a prince hauing well
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 upon
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,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 thousandGaston of Foix committed the like errour,
hauing 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 Caesar, whose armie was in
despaire through famine &Pompey needs giue that battell of
Pharsalia, hauing 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,Hannibal hauing
hazarded a battaile against Scipio, who went to besiege
CarPyrrhus, 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 Titus Liuius saith) to the which discipline they
were at the first constrained by the incursions of their bordering neighbours,
being iealous of their greatnesse: But hauing afterwards brought all the people
of Italie 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 wrongsBebius the Tribune of
the people did obiect unto the Fathers, That warre was sowne upon 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 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 theLicurgus
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;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 weeDion. lib. 53Cassiodorus, 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, haue
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. Moreover it was a thing almost impossible, to traine all the
subiects of a Commonweale 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 haue
iudicially examined the goodly ordinances that were made to that end, there was
neuer any thing better instituted for the art ofAugustus 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.Augustus entertained fortie
legions of horse aud foot, besides his and the citieOrosius, 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
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 vnto
them, and to incourage them by orations, a thing very necessarie in warre. But
experience hath taught vs, that diuers nations and diuers tongues are easie to
gouerne and leade, as Anniball did shew, hauing an armie
consisting of Carthaginians, Mauritanians, Numidians, Spaniards, Italians,
Gaules, and Greeks, and yet in fifteene yeares space he neuer had Polibius, a captaine of great experience,
and Schoolemaster to Scipio Affricanus. That which we
have spoken touching the succors of allies, is not to be vnderstood that an
estate should wholie relie upon 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 upon 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
Cairadin that famous pirat, called in by the inhabitants
of Alger, to expell the Spaniards out of their fort; hauing 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 sSultan Selim Emperout of the Turks made himselfe lord thereof. By the
same means the Herules, Gothes, and Lombards became lords of Italy, the French
of Gaule, the English Saxons of Brittaine, the Scottishmen of Scotland, hauing
expelled the Brittons and the Picts, who had called them to their succours; and
the Turke of the empire of the East and the 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
hauing subdued the princes of Saxony, he labored to subiect the rest under the
spanish empire, intending to make Philip his sonne king
of Germanie, if Henry the second had not freed them with
the forces of France, who for this cause was called by the Germaines in their
printed bookes the protector of the Empire, and the deliverer of the Princes.
The which the princes of Germanie hauing foreseene, did bind the Emperour Charles the fift in the twelft article of his oth, that
he should neuer bring an armie of strangers into Germanie; but since the
Emperours death the Electors did 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 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. ToThomas 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.
pud li. 8Neminem 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? Si bonam dederitis,
& fidam & perpetuam, sin malam haud
diuturnam: If you giue vs a good peace, you shall haue
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 upon all their places of strength,
to put in garrisons, to 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 upon equall Lewis the 12 did unto the Geneuois, who Lewis
the 11 to whom they had giuen themselves, made answere, That he gaue them vnto
the diuell▪ refusing to receiue a yearely pension for the protection of such
disCharles the 6, hauing Francis the first in my
opinion committed a greater error, who refused two hundred thousand crownes in
his necessitie, the which the Geneuois offred him to be freed from his
protection, giuing him to vnderstand that upon 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
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 (hauing discouered the secret practises of
the Spaniards with the inhabitants of Thoul, Metz, and Verdun) was inforced
somewhat to restraine 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 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 TurksFerdinand would carrie
it, who notwithstanding had some part, but he was forced to agree with
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 vseSaluian 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 Charles the
fift, tenne thousand ducates▪ the Siennois fifteene thousand, and the duke of
Ferrare fifteene thousand, the which he paied to the Viceroy of Naples, vnder
colour of lending, without hope of restitution, being in the protectionSigismund Augustus king of
Poland had taken the protection of the inhabitants of Lifland, against the king
of Moscouia: but hauing made a league with the Moscouite, he 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 Clement the seuenth sent two cardinals into
England, to heare king Henrie the eight, touching the
Katherine of
Spaine. And for that the Citation and threat made unto such a princesse, toucht
his honour and the estates, the king of France did aduertise all his neighbour
princes and allies, by his ambassadors, giuing the popes legat to vnderstand,
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,
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 themselvesHenrie the second, to be freed from
the captiuitie and slauery
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 Henry the second, demaunded to have new letters
of protection from Charles his sonne: not for that they
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
upon the conditions. So Henrie the seuenth, king of
England hauing receiued the duke of Suffolke from the Archduke Philip, father unto Charles the fift, upon 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.
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 hauing put themselves in the protection of
them of Berne, would not have the protection continue Auouoison, and in Latine Aduocatio. The like may be said of Rotuille, and of
Mulhouse, which are 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 over 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,Antipater, then of Cassander, of Ptolomey, and in the
end of Demetrius the Besieger, they suffered their
protectors to seize upon 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,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 theXenophon, & 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 up 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,Setin captaine of the Latines complained,
saying, Sub vmbra foederis aequi seruitutem patimur, We
are (saith he) slaues unto the Romans, under colour of an equall league. And a
little after, Consilia populorum Latinorum habita,
responsumque non ambiguum imperantibus milites Romanis datum, absisterent
imperare ijs, quorum auxilio egerent: Latinos pro sua libertate potius quam
pro alieno imperio arma laturos, The Latines hauing held a councell,
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 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 over 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
. 56.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 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 oMaiestatem 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
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 upon 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 Mummius used the like
policie, hauing 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
liberty
It is also a double wrong which the lord receiues from his subiect, hauing put
himselfe in the protection of another, and from him that hath receiued him, if
hee hold not of him by fealtie and homage, or hath some liuing in the
protectors countrey. And for that Charles of Lorraine
bishop of Metz, put himselfe into the protection of the empire, and obtained a
safegard for him and his, of all that which he held in the country of Messin,
in the yeare 1565, the king of Fraunce his lieutenant opposed himselfe to the
publication of this safegard: whereby he (hauing recourse unto the empire)
brought in question his obedience due unto his prince, the protection of Metz,
& his kings right. And yet many princes receiue all that seeke it, without
discretion, the which is the cause of many inconueniences, if the protection be
not iust. It is a dangerous thing to vndertake Flaminius
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 amongAntiochus 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.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 neitherLiuius lib. 5.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. WeFerdinand king of Aragon found
no better means 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 princeIud. c. 18.
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 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
S. Peter, he did write vnto
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
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 Titus Liuius, Qui
iuuentutem aduersus suos socios, publica tantum auctoritate dempta, militare
sinunt, & contrariae saepè acies in vtra{que} parte Aetolica auxilia
habent, Which 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 haue
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,Lewis the twelfth discouering it, he allied
himselfe with all the other Princes, and then they all iointly made aS. 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,Treuiran Procurator of S. Marke
stayed the Senat, saying, That the Venetians were alwayes accustomed to take
townes and castels, but hauing once taken them, it were absurd to restore them.
It is therefore more sase for him that remaines a neuter to meditate a peace,
than to nourish warre, and in so doing to purchaseDemetrius the besieger, to the great
content 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,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
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 theFrancis after the battaile of Marignan, and
restored Francis Sforce to the Duchie of Milan; hauing
found by experience how dangerousMethridates king of Pontus seeing the Roman
empire to reach up 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 upon the greatest part of Europe under coulor of iustice, causing in one
day 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 Lisander was
wont to say, That men must be circumuented and deceiued with oathes, and
children with toyes; but he feltRichard 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 amongHenry 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 Quae enim viro forti, inquit Tullius, vis
potest
adhiberi? What force can be vsed▪ 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
upon 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 Mancinus to
the Spanyards, when as he could not persuade 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 upon their words, and hauing 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
In the treatie of Madrill, made the 14 of February 1526, it was said, That king
Francis
Francis and Henry for hostages. Being at libertie, all Charles the fift, to pull downe his
power whom they had raised up to heauen. The king hauing 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 upon 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 toPosthumius 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 vndertooke 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 upon his word, is bound to returne to prison againe. And by a
proclamation made by the Senat of Rome, all prisoners were enioyned upon paine
of death (the which were verie many, being let goe uppon their 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, neitherFrancis 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.
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 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 Perrenot Granuelle ambassadour for
Spaine, he said unto him, That Charles of Austria
(hauingIulio 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 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 Philip king of
Macedon: and the Lacedemonians condemned Phebidas their
captaine, for that contrarie to the tenor of the Plutarch
writes. Some which can find no iust cause norCharles the fift, should succeed well,
he should then be king of Naples: but if hee should faile,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 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 pasSigismond hauing 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 over 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 ofIulian was
sent Legat into Hongarie, to breake the treaties of peace concluded with the
Turke: against theHumiades 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 hauing 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 upon the ruine of Christendome; 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 thCharles 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 Charles the fift gaue his faith vnto
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 vEchius, 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 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 commaunderSinan Bascha hauing capitulated with them of Tripoli in
Barbarie, and sworne by his maisters head to sufferAramont the
french Ambassador: and being challenged of his oath, he answered, That no faith
was to be kept with them, for that 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 sackCharles 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 IsPolybius) 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)Perseus (with
whome they were in league) they made a proclamation, That no man upon paine of
death, should say or doe anything in favour of 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 upright and iust than Lewis the twelfth,
who raigned in the time of Maximilian. Yea the last, who
alone among all others, was called Father of the people, did shew how loyall he
was both in deed and word, hauing treated a peace with Ferdinand king of Arragon, from whome hee had receiued many 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,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 vsed. So did king Perseus, who being come
with a great traine unto the frontiers of his realme, and would have passed the
riuer which 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 Francis
the first came out of Spain from prison: else it were to be feared, that a
disloyall prince would hold both prisoners and hostages: as Triphon the gouernour of Soria did, hauing taken Ionathan by treacherie, he promised to set him at libertie for
threescore thousand crownes, and his two sonnes hostage: hauing delivered him
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 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) hauing 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 upon 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 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
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 Consaluus Viceroy of Naples had giuen him his faith (not being so
skilfull in Borgias came to Naples,
which when as king Ferdinand vnderstood, he commanded
him to keepe Borgias
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 vnto
the emperour upon his faith, swearing, That if hee were not reconciled to the
emperour, he should returne safe with him unto his castle. This good 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 Hippias backe safe into the castle according to his
promise, and there slue him. In like sort Saturnius the
Tribune with his complices, hauing seized upon the capitoll by conspiracie and
rebellion, comming forth upon 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 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:Tacferin chiefe of an armie of 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 slaues, 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
dishonourableAugustus, 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, to
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 Dagobert gaue them his faith, finding it daungerous suddenly to breake
such a troupe of loose and desperat men: but soone after upon 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, 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
hauing laws prescribed him by the Romans, he might not tyrannize over the
Macedonians who had fallen from him duringFerdinand king of Naples,
unto the Pope, soueraigne lord of Naples, the king 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:Leo the
tenth, who hauing 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 vnto
him, but to all his friends in generall: true it is they were all his vassals.
He did the like unto Alphonso
Clement the 7 circumuented the Florentines in our age with the like
fraude, hauing promised the Spanish Ambassador to maintaine their estate free:
but hauing seazed of the citie, he made it subiect to Alexander his brothers bastard, who put the chiefe men to death, after
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
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 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 moreover 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 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,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; upon which point the Senat of Carthage stood,
maintaining that Hanniball might lawfully make warre
against the Saguntines: and yet the Carthaginians hauing obserued 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 cover 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 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 upon 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 George Cornarus found a more subtill
interpretation,Atabalippa king of Peru (being prisoner to Francis Pizarre, Captaine of the Spanyards) he promised
the value of ten millions and three hundred thousand ducats for his ransome,
the which he payed: the Spanyards hauing resolued 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 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 upon the Euangelists and
theS. Lau, which was kept at Angers, the which he refused to
do, hauing resolued 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 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 upon 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 drawingTacit. Lib. 4.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, affirmingHenry the sixt king of
England, hauing gotten the victorie he made an agreement with the king upon
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 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 obserued. But a wise prince may
meditate an accord betwixt another prince and his subiects, and if he finds
that the outragious proceeding Hercules did, who purchased to himselfe immortall praise
and reputation, for that he tooke upon 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 Henry the 2 tooke the protection of the same 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,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 hisCoignet. And
althoughHenry the 2, to require him not to receiue Albert Marquis of Brandebourg into his protection, being
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 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 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 hauing made an end of this oath, king Charles spake the same words in the Germaine toong 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 upon 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
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 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 thatHenry king of
Sueden did upon the controuersies 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 controuersie 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 orFrancis 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.
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 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. Moreover 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 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 discover 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: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 hundredMaurice, 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 allMaurice 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 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, &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 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
Metius Dictator of the Albanois, who was pulled in peeces
with foure horses, and the citie of Alba rased: the people of Veientes were
rooted out, hauing rebelled seuen times against the articles of the truce: the
citie of Carthage was burnt to ashes: the people of Capoua slaine for the most
part, and the rest made slaues: the inhabitants of Corinth 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,
Liuie) beeing sent to Rome, were whipt in the open
assemblie, and cast downe the rocke. And if the enemie hauing 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, hauing
broken their faith: and Charles duke of Bourgongne had
no sooner set three hundred hostages of the Leegeois at libertie Comines saith) but they attempted a new warre
against him.
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 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 Veteres, saith Suetonius, bellum indicturi, renunciabant amicitiam, The
auntients when theyTacit. lib. 5. Liu. lib.
36.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,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
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
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 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 Tuca queene of Sclauonia did, who sent some to
murther the yongest of the three Roman ambassadours, hauing 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 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 vsed
Antiochus king of Asia with greater presumption,
making a circle with a rod about the kings Liuie saith, Obstupefactus est
rex tam violento imperio, The king was amazed at so violent a commaund:
and yet he did what the Romans commanded, hauing tried their power. Marius the elder 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
hauing receiued any affront 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 gibeBartol, who saith, That the peace is not violated, if any one hath
vndertaken that hee shall not bee wronged, and yet his things are stolne away
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 recover 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, upon 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
Census in proper tearmes is
nothing else but a valuation of every mans goods: and for that wee Aristotle) others from three, foure, or from five yeares
to five yeares, making an estimation of every mans wealth and priuate estate:
whereof Demosthenes hauing made an abstract out of the
publike registers,Liu.
ann 310▪ ab v. c.
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,
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,Prefectus morum, or
Controller of manners, who thrice numbred the
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 againeNeron, 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.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 Plinie they younger to the Emperour Traian. And (not to goe out of this realme) we read, that king Childebert, at the persuasion 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.
Few yeares before the creation of this Magistrat, hauing 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,Dauid was grieuously reprehended by God,
and 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 obserued) 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
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 abolishSeruius 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.
We read, that the Athenians were inrolled in the publike registers at the age
of Leui which made twentie two thousand, from a moneth old
upward, 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 foundTitus 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 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 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, slaues, 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 slaues they were not nūbred among the citisens, but among
moueable goods, the which were commonly fiftie for one:
The benefits which redounded to the publike by this numbring of the
people,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 obserued.
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
This appeared plainely, when as Pericles numbred the
citisens of Athens, for the prerogatives 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 slaues by a publicke decree.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 oneFrauncis 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 upon the pound, without
Marill as the kings aduocate for the
subsidie of Prouence.
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 Isocrates, who
lost against Lysimachides, and wonne against Megalides.
I omit a multitude of sutes touching successions, diuisions, and morgages, the
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 Velleius
Paterculus who writes the historie saith, that this man was sanctus & integer vitae, of a holy & upright
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 uppon the declining of the empire, when as vices began to spring up, 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 hindredTiberius, Caligula, Nero, and
Domitian. It is therefore a meere mockery, to pretend
that this would bee a meanes
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
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 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
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 over 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,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 up
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
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 ourTully) 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
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 & commonweale;
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 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 up 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, hauing 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 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.
I will passe over with silence the abuses which are committed in suffering of
commediesAristotle 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 Solon hauing 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
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;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
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.
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 anyTitus 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
aTully 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
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 Cato did against Lucius
Flaminius, making an oration against his filthy and disordred life,
hauing rased him out of the register of Senators. But those that were better
aduised, and had some hope of restitution,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,Claudian law 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 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.
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 uppon
light causes,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 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
The Seigneurie of Geneue reserues this prerogative to their Bishops,
Ministers,de Moulin was much discontēted
against the consistorie, saying, That under colour of their censure they
attempted uppon 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
The auntient Censors did set notes and marks uppon 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,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,
Touching the first poynt. There are many craftsmasters in matters of imposts,
which know many meanes to raise up 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 Licurgus
Polib. l. 6. de milit. ac domest.
Rom. disciplino.
Lysander and Callicratides: some of the king of Egypt, as Agesilaus, and Cleomenes, kings of Lacedemon.
For which cause the Seigniorie of Sparta hauing soone wonne all Greece, and
gathered together a great masse of treasure, they decreed, That all the
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
conquest
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
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 hauing two iournies,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 heNuma 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 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 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 Henry 2 hauing
requested the Siegniorie of Lucerne to ingage themselves for a certaine summe
of money, Hugo the chiefe magistrat made answere vnto
the Ambassador, That both the Senat and Commons of Lucerne 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
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 uppon a civill request obtained by the
kings Proctor generall, against Foelix of Nogaret, to whom
king Philip
S. Omer, adiudging the possession of certaine goods vnto
the king, allowing the religious to releeue themselves by some other meanes,
and to proue it duely, by way of inquest, and for cause,
which words (and for cause) are not to bee vnderstood for the poore subiects of
the countrie onely, but generally for all. And oftentimes the treaties made
betwixt princes have no other difficulties, but for the 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 upon 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 obserued 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:Apolloes treasury, and not to be wasted by
the Athenians.
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
(hauing giuen much by his testament to poore widdowes and orphans) hee
commaunded all his jewels and moueables to be sould to performe his legacies,
least that any thing belonging to the crowne should be sould, as hauing no
interest in it. And for this cause Pertinax the Roman
Emperour caused his name being written uppon the 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;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 ofAsconius et vlp. in l. 2. §. hoc
interdictum. Ne quid in loc pub.
Aerarium: the one being
divided from the other by the auntient
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,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 upon the verification of the said edict, decreed, That the
rents should not be redeemed, and that there should bee no fine payed at Frauncis the second
commingFrauncis 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,
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 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
Charles 9 if it were duely executed.
The second meanes to gather treasure together, is by conquest upon the
enemyTitus 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 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 fiue
millions of gold of his conquests into the treasurie, besides the value of ten
millions and five hundred 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.
The Romans were not contented with their treasures and spoyles, but they
condemnedOdocres 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 haue
alwayes shewed themselves courteous and affable in that poynt, sending Colonies
from their citie to inhabit the conquered countryes, distributing Sultan Mahumet king of the Turkes, found
Amurath the first dealt more mildly
with the Timariots, giuing them certayne lands and rents, to some more, and to
others lesse, upon 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
The kings of Castile have done in manner the like at the West Indies, and
namely the Emperour Charles 5, hauing conquered Peru,
gaue the lands to the Captaines and Spanish souldiers by way of gift onely; and
beeing dead, they returned to the
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, forHannibal 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 Hierom king of Sicile, who gaue them a crowne of gold
waying 320 pound, and Hierom sent them
It was common to the kings of Egypt to glorie in their bountie to others: for
Ptolomie the first, toward the citie and inhabitants of
Ierusalem, to whom he sent the value of two hundred threescore and
sixteenePtolomie king ofAttalus 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 beCoronarium, 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.
The like may bee sayed of the imposts which in Spayne they call Seruice,
theDarius 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
TreasurersNegus, king of Aethiopia, the gifts and oblations ofAugustus hauing 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 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 uppon the whole succession, the which is reproued by the law, for which
cause the custom
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 andAmiochus 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 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
It is necessarie for great princes to giue pensions to the Secretaries, spies,
Captaines, Orators, and houshold seruants of their enemies, to discover their
counsels 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 seruice
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
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 Pericles was commended, who giuing up 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
government of the commonweale. It is most certaine, that a secret pensionar
giuing
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 theClaudia, 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 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 Iohn
bastard ofCham 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 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 vnto, making acount of the profit he draws from thence
as of an infinit treasure, besides the gaine that comes to his subiects, hauing
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. Tully disallowe of it, but of such as sold
by retayle, whome hee tearmed Sordido. As for the
traffique which Princes practise upon their Subiects, it is no traffique, but
an impost or exaction: which is, to forbid them to trade, and to put his
subiects corne and wine into his receiuers handes, to pay them at an vnder
rate, and to sell it unto strangers, or to the Subiects themselves, at his owne
pleasure. This was one of the reasonsAlphonso 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 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
The sixt means to encrease treasure, is upon the marchandize that are
broughtPortoria, as they did the tribute of the publique
farmes Decimas, and Scripturam, and it is reason, that hee that
will gaine by another mans subiects, should pay some right to his Prince or
commonweale. Wherof there be diuers kindes, the which were reduced within this
Realme to one impost of twenty Deniers upon the liure or pound, by an Edict
made by King Henrie the 2.
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 fortie and five liures upon 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 Francis the 1. that they might bring commodities and money into this
Realme, rather than into Spaine: notwithstanding since it hath been verie
manifest, that the stranger cannot be without the Salt of France: for Charles the 5. hauing forbidden his
subiects of the lowe Countreys not to fetch any Salt in France, the estates
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 upon
euerie tunne of wine that1565 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 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 hauing gotten a pasport by aHannibal was in Italie, and did besiege euen Rome it
selfe, the senate hauing consumed 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 Denis the tyrant, sometimes sought occasions of
war, or of fortifications, to the end he might have cause to raise new
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 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 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 upon 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 Lewis the ninth, who
first leuied the taxe, as president le Maistre hath
obserued: 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
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 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 upon
vinteners, tooke his beginning from hence: and that Lewis the yong during 4 yeres, tooke 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 upon 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 Philip Comineus
said in open parliament, in the raigne of Charles the
eight, That no prince had power to lay any imposition upon his subiects,
nor
And althogh that Philip the long did exact but the fift
part of a peny upon everyPhilip of
Vallois used the like protestation, being forced 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 C. Manlius theAugustus made the law Iulia, That
whatsoeuer should come to any one by inheritance,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 Ergo inquit regem habituri estis qui decimas fructuum,
imperaturus est, Therefore sayd he, you shall have a King which shall
commandCipselus 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 ofTheodoret to oppresse his subiects with new
subsidies: and of late daies George Prescon Parasite to
Henrie king of Sueden, was 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 uppon
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.Nero
Lewis the
12,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 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,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 ransomeAtabalipa; 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
Charles the 6 in the yere 1449,Charles the ninth died, in the yeare oneLewis
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 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 Charles the 5. The like may be spoken of other
Strabo, that
Ptolomie the piper, the last king of Egypt of that
race, did raise upponSolyman 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 reuenewesPaulus 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.
Sometimes the bountie of the land, and the great trade, and oftentimes the
vnreasonable greedinesse of princes to heape up 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 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,
hauingRoboam, 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
It is an ordinarie thing in changes from a tyrannie to a popular estate, to
abolish 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 Themistocles captaine of the Athenians, demanded the tribute of the
Adriens, saying; That hee would bring with him two
And commonly the greater cities lay the burthen upon the champian
countrey,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 Caesar saith rightly:
Nihil est plebe contemptius, Nothing is more
contemptible than the common people.
To remedie this inconuenience, the antients did wisely order, That all charges
Charles the fift, with the consent of
theIohn, the which was 12 deniers upon 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 upon all Cato the censor was commended, for that
he layd a great impost upon the sale of slaues, that should exceed fiftie
crownes price, for that such marchandise could not be warranted.
The emperour Augustus did more wisely, who to correct
the disordinateAugustus 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 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.
There was also another impost of ten shillings upon euerie sute in law
thatCharles 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 formerCharles 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 recover 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 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 uponCaligula 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
The law sets no impost upon marchandise, but upon spices, and such
pretiousCapitatio,
for to lay a charge upon 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.
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.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, theHenrie the second in the yeare 1554, came but to 24824
parishes, besides Bourgogne & Poictou, and the impost of three pounds
starling upon euerie parish, came but to threescore and fourteen thousand foure
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 threeLaski 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, upon 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
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 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 cleereAugustus 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.
Those princes therefore did wisely in old time, which prouided for 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
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 Frauncis the first, when he died, was found indebted to the banke of
Lion, five hundred thousand crowns, Henrie his sonne grew most lamentable, for hauing 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 upon 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 Henrie, all was filled with the complaint of
creditors: and such princes and Signiories as had money in the banke at
Lion,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 uppon condition that they should have their principall
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 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 Henrie the second raigned,
hee did owe more than his 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 Francis 2, and Charles 9. Although
the emperour Charles 5, and his successor have run the
same fortune, for that they took up at interest, being indebted aboue fifty
millions, for the whichFrauncis the first, who
began to take up money at intrest, hauing 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 upon
interest of his allies and subiects, if that hee bee in danger to loose his
estate, by some generall reuolt, or the conspiracieEumenes 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
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
princesRobert sonne to Hugh Capet, who
gaue the first example to his subiects and successors to be charitable to the
poore, feeding aLewis 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 Iames the fift king of Scotland, who was called Rex egentium, The king of the needie; who as he exceeded
all the princes of his time in bountie, so did he surmount all his predecessors
in riches. And contrariwise we see great families, states, realmes, and empires
come to pouertie and ruine, hauing contemned the poore, and abandoned the
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 Frauncis
the first, the which should be leuied upon 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 vnder▪rate, what may then bee hoped for in those cities
whereas the souldiers robbe and spoile the poore subiects with all
impunitie,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 Alexander Seuerus was accustomed
to leaue many
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, hauing Demosthenes: which summe
becausePericles time they did scarce exact a thousand tallents. And being
accused by his enemies to have misemploied Solon
foreseeing,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 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 up 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,
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 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.
There were neuer two tyrants more cruell and prodigall, than Nero and Caligula;
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 Lewis the eleuenth, who was held one of the most
politicke princes of his age, yet hee ran willingly into the snare of Charles earle of Carolois, hauing forgotten that hee had
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 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 wasSuetonius 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.
The empire of Persia was greater than that of the Romaines, stretching from the
farthest bounds of India, unto Hellespont, and the desert of Libia, hauing
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
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 upon 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 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 hisCharles the eight, wherebCharles 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 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
practisedFrauncis 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 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.
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 haue
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 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,
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
warreAugustus time, after the defeat of Marc
Anthonie, yet had they neuer toucht the treasure which grew of the
Hannibal had reduced them
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,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
Morocco hauing moulten a great quantitie of gould in
forme of a bowle, pierced through with a barre of yron, they did hang it on the
toppe of the pinnacle of the great Church at Marocco.
The antient Egyptians fearing to giue occasion to their neighbours and enemies
to inuade their estate, and make warre against them for their treasure (as they
did to king Ezechias, hauing shewed his treasures to the
ambassadors of the king of Assiria) employed it for the
most part
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 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 euerSiclum
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 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 amounts
But our kings of Fraunce have not offended in this point
against the lawes of God, by heaping up 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 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 uppon euerie fire
were laid upon the subiects: and his successor fortie yeares after Charles the seuenth, the yeare that he 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,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 Lewis the
eleuenth, who hauing 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 ofLewis the twelfe, by suppression without
any disbursement. But there were some good husbands which gaue them afterwards
to vnderstand, that the suppression of offices was a decrease of parties
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 Frauncis the second. Moreouer
they set not downe the prerogatives which belong Martin
Durant, Syndic or Procurator of that countrie, to present a request
unto the king to be discharged of all officers of receit,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 coHenry, 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 Charles the 6 in the yeare 1412,Casmander Baschi, great
Henry
the second in September in the yeare 1554 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.
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 Victoriatus, upon 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 maiestiDante the poet
called Philip le Bel, for that he did first among
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 theInnocent 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
Tacitus, who
defended upon losse of life andArchimides 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 Francis the first published in the yeare 1511: yet
notwithstanding all good orders they make worke at twentie, yea oftentimes at
nineteene Carrats, so
And to the end the iust proportion of gold to siluer, obserued 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 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 Henry the second) it is needfull that the stampes be diuers, and not
alike as those of 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 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 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.
True it is, that the auntient Romans hauing 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. WherinBuda 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 obserued 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 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
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 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 wasFest. lib. 17. in verb.
sestertius.
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.Herodotus,
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 Nero
his great pallace all guilt, the which had galleries of one thousand paces
long: and after him Vespasian, who imploiedAgrippa 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. Moreover siluer hauing no hold, is little
imployed 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 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 Francis the first, in the yeare 1540, caused some to bee
coyned of Henry at three Deniers and twelue graines: so 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 Solidus, have within these fiftie yeares set the Sunne
uppon 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,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, hauing 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,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 & vnder, 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
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 Charles the 9 lost much, hauing
exchanged his plate into coyne, whereas before the standard of money coyned was
equall with that of the goldsmiths, 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 vnderstand 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 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
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 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 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 upon every marke,
and foure soulz in the goodnes of the mettall: when iPinatel (hauing gotten vnder
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 Rouergue, which 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 Plato saith, That no man gaines but another looseth: and the losse by
an ineuitable necessitie fell upon 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 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 fiue: 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,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 discover 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 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. upon 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
Cicero
Licurgus did, hauing changed the royall estate into a
popular,Xenophon is a worthy witnesse: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 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
AristocraticallHomer,
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 Caesars Consulship, who to preuaile in his attempts
(hauing terrified Bibulus his companion, and drawne his
sword upon him) he 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 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, andPhilip the
first, king of Macedon, hauing 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,Demosthenes writeth. The 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 upon 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
government 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, moreXenophon) 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
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) but blame the Athenians, to have chosen
the most vicious forme of a Commonweale: but hauing chosen it, I doe much
esteeme them they doe so Xenophons opinion, touching the Commonweale of
Athens,Marcellus the lawyer hath of a
strumpet, saying, That shee hath not well done to have abandoned her honour;
but hauing loXenophon 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.
But there is yet one plague more capitall in Popular estates, the which is,
ImpunitieNe 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 haue
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
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 up before the multitude, and demaunds, If they would have Phocion and his companions put to death: wherewith all in
generall did arise up, and holding up 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 over 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, 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 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 Saturnine the Tribune, with a rabble
of rascals, slaues, 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,
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 TibePericles (saith Thucidides) was a
very Monarch, although in shew it were Popular.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 CommonwealeLaurence 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
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 didPolybius) 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 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.
But some one will say, Doe we not see that the Cantons of the Swissers haue
setled aLewes 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
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
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 Salomon saith, That there is not one among a thousand: the which is
confirmed by the Poet,
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 liveMenenius Agrippa a Roman Senator,
Let vs see now if an Aristocraticall government bee any thing better than the
rest, as many hold opinion: for if a mediocratie be commendable in all things,
and that we
A man may also say, that the soueraigntie should be giuen onely to the most
rich, asQ. Flaminius did wisely commit the government
of the cities of Thessalie, to the most rich, as
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 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 government of an
estate, and by that meanes a Monarchie were not sure. But this argument is
captious, and may be 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,
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.
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 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 up 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
Paulus Iouius was deceiued, Paulus
Manutius, and du Moulin, haue
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 hauing 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 Anno. 1506. The estate of Genes, and the change
thereof.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 Alberghi,
making them gentlemen, and giuing them the government of the state, and
debarred the rest of the common people, onely with this exception, To haue
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.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 haue
made his power perpetuall, and to effect it, he laboured to subiect the
Seigneurie of Genes unto the crowne of France, hauing alreadie defeated Andrew Dories armie, & slain his nephew, he fell into
the seal leaping from one gally to another, the which ouerthrew 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 upon 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
Dorias, the Spinolas, the Grimoaldes, and the Fiesques)
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 upon the Soueraigntie, hauing fiue
hundred men for his guard, seeing that he hath two yeares to remaine in charge:
considering the factions
Such a Seigneurie will obserue the lawes duly, and administer iustice
uprightly: 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 Plato lib. 4. de Legib. Mutatines in republica putat esse .
Triphon did, who cruellyLewis 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 haue
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 tutorEdward 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.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.Dicttoris Edictum pro numine
semper obseruatum, The Dictators Edict was alwayes religiouslyLib. 6.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. ForLib. 5.Appius the Consull seeing, hee
Lie lib. 2.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.Tacitus saith, that for the execution of great
exploits the power of commanding must be restrained to one alone: the which is
confirmed by Titus Liuius, who sayd, that three Tribunes
created with Consularie power, gaue a sufficient testimonie that the force of
command imparted to manie, is fruitlesse: and especially in millitarie causes,
the which Hanniball did find, hauing against him an
armie of 60000 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
princeCleomenes king of Lacedemon did gouerne absolutely alone,
he obtained great and goodly victories, and was neuer vanquished: but after
that hee Aristides the iust, being chosen generall with Miltiades to commaund the armie either of them
If then a commonweale be but one body, how is it possible it should haue
manieTiberius
sayd unto the Senate,Solyman emperour of the Turkes used this example, hearing the great
cries and acclamationsAnno. 1552.Sultan Mustapha his son returning Sultan upon 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,
Augustus his birth, it was found out by oracles, that
nature should soone bring forth a great MonarchAugustus among his friends, being desirous to live at
rest, and to leaue the state, after that hee had pMare Anthonie to flight: but it was
resolued, 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
hauing lost their king, they were persuaded by the 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 over his people, for so hee is called
Sam. 1. 12. Deut. 33.Nehem. 10.Sam. 2. c. 12.Iudas Machabeus of the familie of the
Azmoneans, descended from Aaron (hauing rebelled against
Antiochus the Noble, king of Syria) brought the
office 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 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 HebrewesLib.
c. 6. antiq.
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.
c. 5.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 governments, a perfect Monarchy is the
most excelleuDion 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, hauing not force sufficient to effect 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,
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 Hercules, whereas the
othersAristotle 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 Cicero
saith, humanitie and courtesie to have taken beginning in the lesser Asia, and
from thence to 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
upper 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 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, Psal. 113.
But in all Monarchies which go by election, there is one daunger thereunto
alwaiesPater noster, and the other Aue Maria, who at diuers times had stabbed and murdered
an hundred and sixteene men, as was then proued.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
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 upon 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
Now if some (to remedie the matter) shall say, That in the meane time there
mightGostauus father of Iohn king of Sweden behaued himselfe, who of a gouernour made himselfe
a king, without expecting Pompey
Columna, and Anthonie Sauelle, who ceized uppon
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 neuerviz. 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,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.
And yet there is another inconuenience also, not to be omitted, which is, That
kingdomesPeter 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 Henry
the first ceased upon 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 upon the Germaine princes.
Another point there is also well worth the consideration, which is, That a man
of
But let vs yet go further, for why these are not the greatest inconueniences.
ForTacitus 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
controuersie arising amongst the nobilitie, every one of them longing after the
kingdome; Henry the king.
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 upon him the kingdome of Aegypt being by them offred
him. With the same calamities the Germaine princes also troubled,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
alsoLewes the twelfth refused the Appian) refused diuerse people Lewes king of Hungarie at the request of his wife
daughter to Casimire king of Polonia, tooke upon him the
kingdome of Polonia conferted unto him by the voyces of the people: into which
kingdome he was inuested, and receiued 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 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 upon 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: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 FrenchIulius 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 upon him,
unto his owne naturall kingdome: yet will he so much as in him Ladislaus king of Bohemia, the sonne of Albertus, and the emperour Fredericke the third
his nephew,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 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 upon 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 Ferdinand in such sort, that they for
the maintenance of the right of their election, are now fallen into the
perpetuall seruitude of the Turke: hauing not onely lost the right of their
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 over them.
And yet in matter of election the way being open to manie competitours, if the
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 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 upon 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, Tiberius, Titus, Traian,
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 theAdrian fearing lest the estate should fall into
election, he himselfe hauing no children, thought it not enough to adopt Antoninus Pius, but also caused him to adopt Marcus Aurelius, and Aelius Vetus:
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 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 Maximilian his sonne to be
adopted emperour. Neither was it to be doubted but that Philip, Maximilian his sonne, should have raigned over 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 seaMaximilian
(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 thatSigismundus Augustus king of Polonia and
last of the house of Iagellon, hauing but two sisters, assembled the estates of
the kingdome to consult concerning his successor; hauing before vnited the
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 resolued not to speake of any subsidie, or other thing
whatsoeuer,Philip Maria the last of the Charles
Gonzaga for their generall, most cruelly butchered all them which tooke
part with Frances Sforce, who being a man but basely
borne aspired to the soueraigntie, as hauing maried the base daughter of Philip the last duke, as also by the adoption which the
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 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 up in armes and together by the eares for the
estate; and for all that the last 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 up neere unto his person, but adopted Sforce who had maried his base daughter, being but the
first gentleman of his house.
But the royall stocke being extinct, the last thereof may by right adopt vnto
himselfeCharles 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 king
Now concerning the first line which is of the Merouignes; Agathius a Greeke
author of great authoritie and antiquitie (for he flourished about the yeare
500) writeth the French nation hauing chosen the best forme of a Commonweale
that was possible (that is to say the royall Monarchie) to have therein
surpassed all their neighbours: Theodebert the sonne of Theodoric and nephew
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 Merouignes, as in like case some of them did also of the house of Capet, who had thrust out them of the house of Charlemaigne. As for that which is reported of Otho, him by the consent and voyces of the nobilitie to
have bene created king: he at the time of his death hauing called together the
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 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 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 and
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,Philip, by the grace of God, by and by about
to be the king of France, upon 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, heeRhimigius, calmely
and quietly declared, How that unto him especially belonged the Rhemigius baptized and consecrated king 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 hauing 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 We prayse him, We will have him: Let it be done. These
things wee have word for word written, the which were neuer yet put in print.
They therefore which thinke the kings of Fraunce to have beene in auntient time
created by the voyces of the people, vnderstand not the bishops of Rheimes to
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 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 vnto
the heire male Lotaire, Lewes, and Charles the
Bauld, grounded upon 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,
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 That the king neuer
dieth. Which auntient prouerbThat the king neuer deth.
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
upon 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
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
But now those daungers which we have said to follow the election of a prince,
belongAlbert 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 over 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,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 up, 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:
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,
And yet neuerthelesse the onely colour that men have to maintaine election, is
toNero, 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 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 uppon the Tribe of Beniamin, and lot cast also upon the families of that
Tribe, in the familie of Cis
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
prerogative of successiue right, without vsing either of Cambyses being dead without issue, used lot, or rather
the neying of an horse for the chusing of their king. Yet wee see Darius hauing once by lot got the kingdome, the
soueraigntie of the state to have bene afterward by successiue right deriued
unto his posteritie.
Now it is not enough that successiue right take place in the descending of a
kingdome,Perseus, that by the right of nature
common unto all nations, and by the custome inuiolably obserued 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 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 hauing 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 prerogative 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
prerogative 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 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, upon the head of the younger. As did Ptolomey the first of that name king of Aegypt, who
contrarie 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 Atreus,
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 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, &
hauing chased out his brother, coupt up his mother in the same prison, wherein
hee himselfe had but a little before beene shut up. 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 up armes against him, so to have taken from him the
crowne, and to have pluckt the scepter out of his hand.
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 prerogative he hath
unto the crowne by his birthright for that to be taken from him. Howbeit that
it much concerneth the Commonweale 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.Ladislaus their king,
who hauing 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 upon 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 haue
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. Agesilaus, a lawe dwarfe, hauing by the meanes of
Lysander a prince of the 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.
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
Darius. But where the kingdome is
descended by a lawfull succession from former ancestors, the eldest or neerest
of the fathers stocke is to succeed, although he be borne before his father was
possessed of the kingdome. Whereby is vnderstood what is to be iudged of the
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 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 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 upon the same
doubt which happened about the succession of the kingdome of Hungarie, Geica the elder brother borne before his father had
obtained the 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
But it may de doubted if the grandfather yet reigning, the eldest sonne shall
die leauingScipio Africanus willing as an vmpire to haue
appeased the like controuersie betwixt Corbis and Orsua the vnkle and the nephew, for the kingdome of
Numidia, and not knowing what in this point to resolue upon, 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.Barnard king of Italie to take up 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 himBasilius 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;
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 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 hauing slaine Arthure, Godfrey his elder brothers sonne, tooke upon 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
Aeneas but not Ascanius. But not fewer, yea and I know not whether moe
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 upon 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 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 Agathocles king of Syracusa slew his vncle, going about
to have taken upon him his grandfathers kingdome.
Neither want there probable reasons on both sides. For the nephew it
auailethPapinian the lawyer hath answered. Yea, by the Roman
lawes, brothers sonnes are admitted unto
Neither yet for all this is the vncles cause on the other side altogether
without reason,Esay. 3.That Commonweale to be miserable and vnfortunat, where
children beare rule.
Howbeit that the old receiued custome of our auncestours, and iudgements in
this 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 haue
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 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.
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 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 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
ofCharles 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.
And as for diuiding of a Monarchy, I have said, that being divided, it is no
more aIosaphat king of the Iewes hauing 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 Iames king of Aragon appointed Peter his eldest sonne to be king of Aragon, and Iames his younger sonne to bee king of Maiorque: howbeit that
afterward the elder brother tooke the yonger prisoner, and in prison starued
him, whome much lesse he would have endured to have bene partner with him in
the kingdome, and so vnited both the kingdomes into one. So it befell also the
children of Boleslaus the second, king of Polonia, who
hauing divided the kingdome unto his foure sonnes, and leauing nothing unto the
fift, kindled such a fire of sedition,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 Robert the eldest brother, desirous also to haue
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 albeitCharles 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 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 vnto
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 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 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 hauing 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 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 upon, 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 upon
for the king; howbeit that the duke had left two daughters his heires, vnto
whome were reserued onely the lands by 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 vnto
the rest, whome hee
But haply here some man may say, it to be expedient if the Monarchie be great,
asAugustus, 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 Sextus Pompeius, the bonds of confederacie being in
short time broken amongst the consederats. Neither could Antonius endure the government of Augustus,
neither Augustus the government 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 haue
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 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 theGaleace the second, and
Barnabas, two most 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
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 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 Augustus, who amongst other the secrets of his government, 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 vnto
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 auntientestAbraham king of Aethiopia, by diuine reuelation, to
auoid the factions 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 aSultan Solyman made Abraham Bassa of a slaue so great, by heaping honors upon
honours upon 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 up 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:
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
We have said also, that a Monarchy ought to descend unto the heires male,
consideringGenes. 3.Esay. 8.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 toPhilip 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 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 womansDarius 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 over 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 Ione
queene of Naples (who of her vnchastitie was called Lupa, or a shee wolfe) stirred up of her selfe, who most cruelly
murthered three kings her husbands, and was therefore her selfe also strangled,
as she well deserued. I speake not of the horrible and brutish lusts of Semyramis, the first that by a straunge meanes set foot
into the Assyrian Monarchy. For hauing obtained of the king, to have the
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
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 up at last into
a monasterie her selfe. In briefe I find no people to have liked of the
soueraigntie of womans government: howbeit that many have endured the same: as
did the Neapolitans the government 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 Manfred his base sonne, whose daughter Constance marrying into the house of Aragon, kindled the fire of the
warres which continued two hundred yeares, betwixt the houses of Aniou and
Aragon; and could neuer bee quenched but with the great effusion of the blood
of many most valiant and worthy men; and all for hauing▪ giuen an entrance vnto
a daughter into the succession of the kingdome of Naples. But when the colledge
of cardinals saw the Christian Commonweale, and especially Italie, to haue
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; Alphonsus
king of Arragon, in the yeare 1455, and 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 andHedwige, 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, hauing gained Socina the daughter of Alphonsus, to haue
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 vnder. 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
Lewes the ninth the French king▪ in the right of his
mother Blaunch of Castile; and that the barons of
Castile had writ unto the said French king, that he should come to take
possession of the kingdome: yet so it was, that hee neuer durst vndertake to
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, hauing 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
Ioane, married vnto
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 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 government seemed at all to
have bene. For which reason Edward the the third, king
of England, upon 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 Isabel sister to Charls the
Faire) was preferred before him,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
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
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 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
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.
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.
For neuer strange prince can be assured of his life, commaunding in a strange
countrey,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 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 upon 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 Mary the
eldest daughter of Lewes king of Hungarie, had married
Sigismund archduke of Austria, who going about to
take upon him the government, 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 uppon him 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 upon him the government of the Low
countries,Mary queene of Scots had
married Frances the Dalphin of France, and that the
Frenchmen went about to dominier over the Scots, they forthwith chose rather
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 Antoninus
Pius the father of Faustine.
And yet there is another daunger also, if the princesse heire unto a soueraigne
estateVenda queene of
Russia, who hauing long 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 vnto
himselfe present. And Henry king of Sweden, seeking the long ambassage of Iohn his Francis duke
Now if the law of nature be violated in the soueraigne government 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 Isabella and Socina. Moreouer
it is holden in law, That the wiues vassall ought to succour the husband before
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.
All these absurdities and inconueniences follow womens soueraigntie in
government,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 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. ThatLewes
Hutin the king of Fraunce, the duke of Burgundie called Iane the daughter of Hutin, vnto
the succession of her fathers crowne and kingdome: yet was it by the generall
consent of all the estates assembled in parliament at Paris, resolued 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
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 M. Cirier Councellour of the parliament, said to haue
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
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 Constance
Peter of Sauoy her vncle bene excluded from the
government: 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 vnto
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.
Seeing then it appeareth plainely enough (as I suppose) the estate of a
Monarchy to be of all other estates most sure; aPlato
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,
(▪)
The right diuision of rewards
and punishments, and of that which of right unto every man
belongeth; which the Hebrewes 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 hauing presupposed the best forme of a
Commonweale, to be that which was composed of a Tyrannicall and Popular estate:
in framing the same, is contrarie unto himselfe, hauing established a
Commonweale not onely Popular, but altogether also Plato hauing also (as some say) oftentimes in his mouth
these three words, God alwayes to be playing the Geometritian: which
Plato his stile, howbeit that they be not in all his
works to be found.
Now certaine it is, that Distributiue, or Geometricall Iustice, is most
contrarie unto the Popular estate and government 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,Cyrus yet a boy, corrected and chastised, for that he
being chosen king, had chaunged but the seruants garments, appointing better
apparell Cyrus is by his maister taught, to giue unto every man that which vnto
him belongeth, and to remember that he was a Persian borne, and was therefore
to vse the Persian lawes and customes, which gaue unto every man that which was
unto him proper: and not the manners and fashions of the Medes, who thought it
meet, that to be unto every man giuen, which was decent and convenient for him.
Which writings of Xenophon, Plato hauing read, and
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 Aristotle said it ought to be
done, but yet not naming either Plato or Xenophon, who yet had both first touched this string.
But as for Harmonicall Iustice, not one of the auntient writers either Greekes
orAristotle can no more be maintained than the
other; it is needfull for vs to borrow the principles of the Mathematitians,
and the Lawyers resolutions. For why, it seemeth that the Lawyers for not
regarding the Mathematitians, and Philosophers, as not hauing iudicial
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.
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 GeometricallEuripides saith, AAlexander 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 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, upon 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 Porus and Penia, that is to
say, of Plentie and Pouertie,
Scipio
Africanus to have bene blamed by the wiser sort of men, and such
Now the equall government and by proportion Arithmeticall, is naturall vnto
Popular 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
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
But now to the contrarie, the Aristocratike government according to
Geometricall
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 government of estates; a certaine third kind
viz. the Law, Equitie, the Execution of the law, and the
Office or Dutie of theviz. 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
Wherefore Aristotle is deceiued, in deeming the
Commonweale then to be happy,
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; Orpheus, nor Homer, nor Musaeus, the most auntient Greeke writers; neitherMoyses (who was more auntient than all the
Paynim Law: kings by their hand, their word,
and soueraigne power, commaunding all things.
The first occasion of making of lawes, was the chaunging of Monarchies into
PopularDraco, 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 Terentius Arsa Tribune of the people, in the absence of
the Consuls, blaming the pride of the Senators before the people, bitterly
inueyed Liuie to set downe the very speeches and complaints of the nobilitie,
accounting 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; 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 Charondas the Carthaginensian lawgiuer 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 Accursius not so
elegantly as aptly unto that he meant it, willed the vnlearned judges, strictly
to stand upon the very words of the law: like vnskilfull riders, who doubting
to be able to sit the horse they are mounted uppon, for feare of falling hold
fast by the saddle.
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 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 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 appealingHacanim, and corruptly Sanadrim)
to iudge of causes according unto equitie: but not for the other lesser judges
also.
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 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
But forasmuch as that greatly concerned the rights of soueraigntie, princes
afterwardsBartholemew, one of the Presidents of the enquiries
in the parliament of Thoulouze, in that 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 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 obserued 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 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 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 vntoSolon was
wrongfully blamed for making so few lawes, yet Lycurgus
neuerthelesse madeThomas
Moore Chauncelour of England, leauing in his Vtopia all penalties, excepting the punishment for adulterie, unto the
discretion of the magistrats: than which
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 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.Ptolomais, of whome Suidas
Now certaine it is, that of the multitude of laws, with their reasons annexed
vntoCharles 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,
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 up all deceit by the roots, and so to
restraine suits: in so doing imitat Hercules, who hauing
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 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,
Yet such extraordinarie power by the prince giuen unto the magistrats, whether
it
But if the varietie of a fact in question be not knowne but unto the prince
himself, orAzo (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 hauing 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 Cotellus chiefe judge of the court, with three other
of the judges went unto the king, to vnderstand of him what occasion he had for
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 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 upright 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 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
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 inLeuites. 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,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 ofviz. 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 Nemophylaces, and in other places Thesmothetae.
Whereby it is to be vnderstood, that such masters and interpretors of equitie
when law
And now verily if the lawes of Arithmeticall Iustice might take place but euen
inDraco, 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 That the partie condemned not hauing
wherewith to pay the fine due for the fault by him committed, should
satisfie
the same with corporall punishment to be inflicted upon
him, were also to bee abrogated and taken away.
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 Demosthenes writeth, and which is
yet used by the Roman lawes: which drawethLisores 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 Claudius. In which doing the
true Harmonicall Iustice should be obserued 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 Charls the ninth concerning
apparell, serue for an example: whereby a fine of 1000 crownes was imposed upon
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 Antoninus Pius vnto
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.
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 Viscellia willeth that the stealers of beasts, if
they bee slaues, 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 slaues 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 slaues 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 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
Neither are wee to stay uppon the opinion of Aristotle,
who would GeometricallM. 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,
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 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,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 upon 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 hauing caused him to bee most shamefully set uppon the pillorie
naked, and marked in the face with an hoat yron, to bee banished. But for that
his clearke and domesticall seruant, and minister of such his villanies, was
but a base and obscure fellow, hauing neither goods nor office to loose,
neither much Seneca (as we said) accounting heading for the easiest:
and the Hebrewes in their Pandects, in the
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 vnto
his prince, deserueth to be hanged; so to be more grieuously punished than the
base companion, who offendeth not 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
slaues: 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
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.
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 up 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 forScipio 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 Metius the Dictator of the Albans, was by the commaundement of Tullus Hostilius, with foure horses drawne in peeces, for
hauing broken his faith with the Romans. And Solon
hauing caused his lawes to be published, and sworne by all the Athenians,
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
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 obserued 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 HarmonicallTraian 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
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 uppon 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 Neratius a rich fellow (as the time then
was) and most insolentDemades the Orator well knowing,Lex haec quia poenalis est annua esto, This law
for that it is penall let it be but for a yeare in force.
But beside these chaunges of penalties and fines, some others have beene
constrainedNe 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 Francis the first, whereby capitall punishment was appointed for
forgerie, whether it were in civill or criminall causes, without distinction of
forgers, 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 Neratius, who uppon such a price would
soundly buffeAdrian in like case take order, appointingviz. 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.
But if an offence be not onely intended, but effected also, and so the effect
ioynedLatro, vnderstood him whom we
cal an Assasin, or Murtherer, which killeth men upon 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 Accursius and some other the learned lawyers, who
call him also Latronem, or a robber, whome the Latines
call Furem, or a theefe; making them as it were all one:
and hauing in part therein giuen occasion for men to punish theeves with more
grieuous punishment than haply were meet and convenient, viz. with death.
The like absurditie is seene almost in all the lawes of Italie: as in that of
Venice concerningCasimir the Great, king of Polonia, which forSigismund 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
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 up all in a
mutinie, & hauing 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 up with lice, and that
worthily, for hauing therein so much contemned the law of God, which forbiddeth
to have pitie upon 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
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 vnto
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,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 A tooth for a
tooth, a hand for a hand, and an eye for an eye, are to be
vnderstood.A hand for a hand, a tooth for a tooth, and an eye for an
eye. And so the auntient Hebrewes, the best interpretors of God his
law, have vnderstood it, expounded it, and also practised it: as is in their
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.Aristotle and Fauorin deuised, is but vaine and deceitfull. But Aristotle who so much blameth the law of likeAristotle, is alwaies by Arithmeticall proportion to be ordered: which
is not onely in this case here propoundedAristotle 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 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 lesAristotle 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
And not to speake of criminall causes onely, but of meere civill causes also,
one in the
Now all the lawes both auntient and new, with the common course and
experienceIustinian 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 fiue
in the hundred. Which law let it seeme in Aristotle his
iudgement 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 vnto
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 Iustinian the emperour had thought
himselfe to have beene able to have comprehended vnderVsura 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
And howbeit that in the particular contracts and conuentions, and exchaunge
ofRanconet 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▪ 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
Wherefore both in making of lawes, and in deciding of causes, and in the
wholeLycurgus 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 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 vnto
Arithmeticall proportion, without any difference of persons at all. But how
much more uprightly and iustly hath the law of God dealt herein? which
following the Harmonicall proportion
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
Now we have oftentimes said, and must yet againe say (for that many have uppon
Now as the Aristocraticall estate founded uppon Geometricall proportion, and
gouerned 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
But it may be, and commonly so is, that the prince giueth all the greatest
honoursPatricij, to sue for the Tribuneship, but that first he must renounce
his nobilitie, & become a commoner: for as then the Consulship belonged 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 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 vnto
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 Cicero his time aspired unto those so great honours, the
nobilitie of great and auntient houses commonly still enioying of them.
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 government Titus Flaminius
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, vnto
all men, as well the base as the noble, according unto every mans vertues and
deserts, as wee have before declared.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 Diapason: which
containeth the whole ground and compasse of all tunes and concords of musicke,
beyond which he which will passe unto fiue, shall in so doing marre the
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 viz. the Ecclesiasticall order first for the dignitie
which it beareth: & the prerogative 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 hauing part and interest into the offices and honourable
Themis three daughters, viz.
upright Law, Equitie, and Peace:
which are referred
But these things thus declared, it remaineth for vs to know (as the chiefe
point ofPlato 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
unitie, 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 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.
And as the Pythagorians sacrificed the great sacrifice Hecatombe, not for the
sustendure of the right angle, which dependeth of the two sides (as many
thinke) but for hauing in the selfesame figure found the equalitie and
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:
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 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 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,
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 up within the bounds of this elementarie
world: and aboue 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
Laus Deo vni & trino in secula seculorum. Amen.
Imprinted at London by Adam Islip. 1606.