A vvoorke of Ioannes Ferrarius Montanus, touchynge the good orderynge of a common weale wherein aswell magistrates, as priuate persones, bee put in remembraunce of their dueties, not as the philosophers in their vaine tradicions haue deuised, but according to the godlie institutions and sounde doctrine of christianitie. Englished by william Bauande.

THE Thirde Booke, concernyng the good ordering of a common weale.

The argument of the first Chapter.

Of suche as be put in trust by rulers, and how it is much for the common commoditie that thei be sincere and louers of Godlines.

I Haue somewhat decla∣red howe expedient a thing it is, that such as he about prin∣ces be good and Godly, where at they maie take the rule of their life (which al men vse to marke none otherwise, then they beholde their face in a lo∣kynge Glasse,) that thereby throughe example of their daiely conuersacion, they maie learne and vnderstande to do that is best, and to eschew that is contrary. For with the good thou shalt be good, & with the noughtie thou shalt be naughtie, which is so true, that it behoueth euē their very wor∣des to be honest and chaste, least the minde consente thereunto, and so be enfected: for euill talke vseth to corrupt good maners, as Menander saieth. Whiche thing Sainte Paule also reciteth thus: Ill conuersati∣on hurteth good maners. And like man like talke: and that not without a cause, seing talke is a signification of the minde. Therefore Socrates whō they report to haue called Philosophie, & the discipline of maners, euen out of heauen: saied vnto a yonge man, whose towardenes he was requested to learne: Speake that I maie see thee: meanyng hereby that mannes minde might rather be knowen by his communication, then by anye view of his countenaunce.

But for so much as kingdomes and dominions be geuen to kynges & potentates, ouer whiche they haue rule, neither can they alone rule all, neither be present eche where, they must nedes do that by puttyng other in trust: for it is better to do a thing by a deputie, then quite to leaue it vndone, or to attempt it out of tyme, and so geue occasion of some vnrecouerable harme. And hereby is it meant when we do saie, that kinges haue manye eies, and longe handes. From whence it dothe not much disagree, that is in the common pro∣uerbe so much bruted, A great birde, must haue a wide neast. But these must also be of good cōuersation, and loue honestie, that they bothe maie in their offices do their Princes honour, and also be nothing heauye to the subiectes. For an Officiall, or one that beareth of∣fice, is called so of (Officium) which the Grekes do call (To cathecon) as who saie, that belongeth to vs to doe. And that dooeth Marcus Tullius call duetie, whiche when it is done, we maie geue a good reason whye it is done, and this kinde of duetie hath place in the com∣mon weale. Therefore whatsoeuer is done by offici∣als or deputies in the whole kingdome and dominiō, that must be vprightly and well done, so that it doe a∣gree with place, time, the thinge whiche ought to bee done, the subiectes, the deputies office, and the honour of the high magistrate. Whereby it shalbe occasioned, that such thinges as be due to the officer, shal be well preserued, and the subiectes shall with all officiousnes performe and do that is their duetie, so acknowledging the maiestie of him that is in office, that they shall re∣uerence euen a staffe if he dooe set it vp before theim. Whereof take this as an example: Amasis the king of the Egyptians, which neither came of royal bloud, ne yet had any memoriall of his auncetours, but being of a base degree was elected to the kingdome: For which thinges when as sundrie men did contemne him, he bethought him self howe he might couer this belmish

and wittely bringe him selfe in reputacion among the rude people. There was amongest the kinges plate a Basen of golde, wherein after his countrey fashion, hee and his ghe••••es after meate were wonte to washe their feete, whiche he also sometime vsed in place of a chamber potte, as some haue vsed Emeraude bowles for the same purpose. This Basen did he breake, and of it made an Image of an ydole, and sette it vp in the middest of the market place to be worshipped of the Egyptians, which they did very reuerentlye. Which thinge when it was reported vnto the king, he assem∣bled all the people together, and tolde them the whole matter howe it was, that this ymage which they so highlye honoured, was made of that Basen wherein he was wont to washe his fete, pisse, and vomite, and to put it to such like kinde of vncleanely vses. And so should they thinke of him, who althoughe he was but of base birthe, yet he was their kinge, and worthye to be reuerenced with due honour.

They that be vnder Officers, deputies, or haue the administracion of some other officer, must be circum∣spect, that they faile not in their duties, nor dooe anye thing wrongfully. But they must especially take hede that they do neither take bribes, ne yet suffer them sel∣ues to be seduced by corruption of ambicion. For the roume that they supplye is not mans, but Gods com∣mitted vnto the administracion of manne, and their e∣state is so much the straighter, because they be not one¦ly compelled to geue an accompt of their stewardship to god, but also to the prince or magistrate, vnder whō they be appointed to beare office, which shall also an∣swere for that whiche is done euill, because he did not appoinct a conuenient man to be his deputie, and suf∣fred his people to take harme, specially by him whom he knew to be an hirelyng, and reatchles in the office of feadyng. It is like, as if a shepeheard, when he hath sheepe committed to his charge, while hee gathereth

nuttes, or otherwise spendeth the time idlely.) dooeth put theim ouer to an others kepynge, and they in the meane while be yll fedde and fall away, or negligent∣ly kept, the Wolfe brusteth in amongest them. What shall staye the Lord of these shepe, but that he may ex∣amine therefore bothe the hirelyng, and the shepeherd him selfe, and call them bothe to accompt for the losse he hath susteined, that if thone can not make amendes, the other shall make it good, and abye for his negli∣gence, as reason and iustice requireth.

There be also sundry other thinges, whiche maye warne them of their duties, and cause them that they do not go astray, seing they be appointed ouer a whole people, and manie: of whom they can not deserue all in like, as among whom there are so many mindes as heades. And vnlesse thei haue before their eies the per∣fect rule of administration, I meane the lawe, tempe∣raunce, iustice, and equitie, after whiche they may di∣rect all the order of their gouornement, whereby they shall not onely be deliuered from the staine of errour, iniquitie, & naughtines, but also shall be without su∣spicion thereof, there will alwaye be some, that shall finde fault with their doinges be they neuer so honest, neuer so vpright, & vnknowyng to them, accuse them to the heade officer, and thereby brynge theim out of fauour. For Princes be men, and easely will be brou∣ght to suspect other mennes doinges, for so muche as they be very desierous thereof, and thinke in a greate glorye to cloke their owne fault by the calamitie of o∣thers, and will not sticke at the complaint of one that hath bene euill handeled to put a man from his office, and to wipe him cleane of all his goodes.

Whiche thinge deputies and vnder officers in our time do not weye, whiche neither knowyng mannes nor yet Gods lawe, do neither consider any percell of equitie, ne yet of Godlines, but onely seke how to cir∣cumuent the pore comminaltie, how to ouerlay them

with Subsidies, how to compasse all their attemptes, be it by right, be it by wronge, thinkyng so to gratifie their Lordes, if thei can torcioully leuie a greate sub∣staunce of money from their subiectes, and therby au∣gment their accoumptes. In the meane tyme, not for∣gettyng them selues, for thei handle thinges so finelie and so craftely, that thei will haue store of riches, as it were out of an horne of plentie, and after the fashion of a flowyng water, make theim come vnto thē faster and faster, till thei bee swellyng ripe, like leane flies, whiche in the Sommer season, sittyng vpon a scabbed horse, doe soone fill them selues so full, that either thei doe fall of, or els sometymes burst in fonder.

The Romaines (whose common weale farre excel∣led all others) purposyng to remedie this sore appoin∣ted their officers, but of short tyme, whiche thyng Ari∣stotle in his Politiques doeth not moche discommend. Some were for a moneth, some for halfe a yere, some for a tweluemoneth as thei had lawes, for requirings again soche money, as any officer, ruler, or other put in trust with the commō affaires, did against the wor∣ship of their aucthoritie, take for false iudgemente, in the waie of briberie, or otherwise. Whiche (if he had been found giltie) he was compelled to restore, no lesse then if he had stollen the same. And soche lawes bee those that were made▪ and bare the names of their ma∣kers, Calphurnius, Eecilius, Seruilius, A••ilius, and Iulius, whiche all were lawes, touchyng the restitu∣cion of money▪ Of whiche you maie reade moche in Marcus Tullius Cicero▪ and other writers of the Ro∣maine Histories.

The argument of the second Chapiter.

That officers▪ although thei doe not all se•• to one thyng, yet their whole drifte must bee all to one ende, that is, the ornaments of the com∣mon 〈…〉〈…〉.

NEither be thei all of one sorte, or all of one kinde of function, whiche bee put in truste to go∣uerne the common affaires in shires. Yet not withstandyng the marke, whereat thei must all shoote, is that the bodie of the whole common weale, bee preserued and saued, whiche is but one, bee the dominion or power neuer so greate, and so named but one, as the gouernour or head ther∣of is but one. And like as in euery house, all the imple∣mentes thereof, be put to their proper vses, and yet be directed and haue respect vnto the common commodi∣tie of the whole familie: so I doe graunt in euery citie, town, and shire, a priuate kinde of gouernement, one not aunsweryng to an other. For the diuersitie of the place, of the trafficque, of the people, and of liuyng, causeth & receiueth some varietie: but such as it doeth ioigne in one, for the profite of the whole Countrie, whiche therefore is one, bicause it hath respecte vnto one prince, as one head, of whom it receiueth, lawes, ordinaunces, iniunctions, and all soche thinges, as ap∣parteine to the wealth and dignitie thereof.

And this is the cause wherefore in this earthly citie we bee prepared towarde that whiche is in heauen, wherein we acknowledge Christe our heade, whiche must be the goale of our race, that after the ceasing of that whiche is mortall, and shall shortely decaie, wee may come to that whiche is euerlastyng, the onely re∣ward of the life past. Euen so, euery particuler assem∣ble hath his churche, but ruled after the image of that whiche we call generall or catholique, wherein is the holye communion of sainctes, after whiche as a leader all other be streightened, and receiue their staie.

Againe, the higher officers in euery Citie, towne, shire, and politique gouernaunie, haue other whiche be also vnder theim, accordynge vnto the diuersitie of

their offices. The chiefe of those be the Shirifes, or suche as stande in roume of the pretor among the Ro∣mayns, whose office is to see that iudgementes be vp∣right and sincere, and that euery man accordynge to the rule of iustice haue his owne. For the administra∣tion of Iustice is so necessarie, that no kingdome, no citie, no assemble of men, can either be begonne, or cō∣tinue without it: whiche is not onely an ornament to the common weale, as a garlande to a maide, but lai∣eth the foundacion and sure groūdworke of the same. And hereupon thexecution of iudgement is called the kinges handemaide, without whiche he ought not to come abroade or thinke him selfe a king.

They therefore to whom thexecution of iudgement is committed, ought to do their endeuour by all mea∣nes, lest their duetie neglected, they either perswade theim selues a certaine r••tchlesnesse, and securitie, or being with bribes corrupted, or allured by parcialitie, do despise the outcrie of the people, and doe not iudge vprightlie. For it is no small burden, that such a man hath vndertaken and laied vpon his shoulders, but the verie charge of God, whereof he shall not escape, but geue a sure accompt in the greate daie of the Lord, al∣though by some collusion, conueyaunce, or other pre∣tenced lye, he hath escaped the handes of his Prince, when he hath done euil. For iudgement is the lordes, as Esaie saieth. This is the waie, walke in it, neither do ye decline either on the right or lift hande. And Io∣sophat appoincted Iudges of the lande, in the citees of Iuda, fortified in euery place, and commaunded the Iudges, saiyng: looke what ye doe: For you dooe not exercise the iudgement of man, but of God. And what soeuer ye shall iudge, it shall retourne vpon your self. Moreouer the prophane powers, & soche as haue been stained with impietie, would that iudgemētes should be vndefiled. In consideracion whereof, Cambises the Porsian kyng, commaunded the Iudge, whom he had

perceiued to haue iudged vniustly, to be flain, and flain quicke, and his skinne to be hanged vp, before the iud∣gemente seate, whereby his soonne was enforced, vp∣rightly to giue right iudgement. Alexander Seuerus likened soche menne to theues, affirmyng, that if any came to meete hym, he was ready with his finger, to plucke out his iyes. But to the entente my talke maie driue to some ende, and that I maie not seme, as it wer to tell a tale to a deaffe manne, I must procede to other matters, since that this thing is so moche bewailed of many, that it cannot easely be amended.

But the estate of the Iudges officers, is so moche the more to be borne with all, bicause thei do not them selues pronounce sentence, but giue iudgement, which thei doe take of other, but yet of their felowes in com∣mission, thei be not to be reproued, specially if thei had any knowledge in the lawe, and were not led with af∣fections. Albeit there be among them, some of singuler vprightnesse, whiche neuer refuse to followe equitie, wherevnto thei be naturally moued, and would iudge that, whiche wer good and vpright, if thei had know∣ledge accordynglie. But what would you haue theim to doe, whiche neuer tasted, what was either vpright, or iuste? Whiche (if a thing doe appere vnto theim, to leane vpon any reason) doe holde it as a lawe, as iuste and vpright, although it be wicked, and dissonaunt a∣boue all measure from iustice. But yet the woorthier thei be of excuse, the more readie thei be to iudge iust∣ly, if thei had any certain knowlege of right and equi∣tie. Yet thei ••e not without fault, bicause thei doe me∣dle in a thyng, whiche the•• neuer learned, neither can practise without greate annoiaunce, and endamaging of others. And truelie I knowe not, whether in any point I maie call a Countrey more vnhappie, then in that it must abide those blinde iudgementes, and whi∣che for the moste part, be vniustly pronounced through brib••••le, parcialitie, and all kinde of wicked corrupci∣on,

and that speciallie in these daies: wherein so en∣creaseth the ciuill discipline among the Germaines, and mennes iyes are so opened, as neuer the like be∣fore: And that thei I saie, doe lesse regarde the old sim∣plicitie of our predecessours, then when the exercise of iudgementes was rude, and finished by the onely ver∣tue of an othe. But now the desire of Lawyng is so greate, that a man would rather be content with one iye, then one verdite, were it neuer so iustly and righ∣teously pronounced.

Amongest soche as be vnder officers to princes, we appoincte an other place to Receiuers, whom some tearme Purueiars, bicause of their prouision, I dooe meane soche as vse to gather the Princes reuenewes, and afterward giue an accompt into the Eschequier of their receiptes and expenses, herein necessarie for that thei haue charge ouer those thinges, without whiche the high Magistrate, can neither bee maintei∣ned, ne yet bee able to gouerne: to whom we therefore doe owe as due, rentes, tributes, and soche like subsi∣dies, that thereby he maie dooe his duetie, and as the scripture saieth: Cesar maie haue, that is due vnto Cesar, whiche thing Paule doeth also warne, saiyng: paie you to all, that is due to all, to him, to whom taxe is due, taxe, to whom custome, custome, to whom fear▪ feare, to whom honour, honour. These Receiuers or Treasurers haue an honest and profitable Office, and apperteinyng to the common weale. Moreouer, mo∣ney is the strength, or as it were s••n••wes of the com∣mon weale, the more nedefull to hym, whose office re∣quireth larger administracion. Where as if you sette before your iyes, the d••••••ly riot of the courte, ••••••yng, diuersitie of deintie dishes, the vnprofitable nomber of ••••••einers, vnmeasurable expenses, and as it were the outragious waste of all thinges, ye shall not but mer∣uel, whence prouisiō is had, for those great spoilinges: a kinde of life therefore the happier, bicause it hath ••••

botome, or stinte, wherein it is commaunded to spare, which in others is said, to be to late, vnlesse thei spare before all be spente. Wherefore he spake not vn••••tly, which likened the Exchequier to the splene, as which will neuer be satisfied.

Howbeit our receiuers be not onely charged wyth gathering of the common money, but haue also there∣unto annexed power of punishment, aucthoritie of ad∣ministracion, and execution of lawe, specially in such thinges as do appertaine vnto such leuiyng of rentes and reuenues. Wherein as the good do much good, so the euill, and suche as be geuen to couetousnesse and naughtines, doe wonderous muche harme, speciallye when honest dealynge set a parte, they beginne wyth new inuenciōs to burden the people, to encrease their accompt, and to get better allowaunce in the courte. For such as do not much trust to the fauour of princes or desire without their lordes knowledge to get welth by the pore mennes sweate, do take such an order, that besides the yearely reuenewes, they will bringe into the treasurie some summe of money, scraped vppe by right or wronge, whereby they maye bewitche the Princes eyes, and cloke their owne couetousnes: whi∣che thinge is detestable two waies. First, because thei deceiue the magistrate, shauyng hi〈…〉〈…〉 that they dooe pille his ••ubicaes, whereas it is the princes commo∣ditie to haue his subiectes wealthy. Secondly, because vnder this colour, they practise a shamefull biyng and sellyng of thinges, so that that saiyng may seme true, that there is no office so small, but a man maye so be∣haue him selfe in it, that he may deserue hangyng.

There be moreouer diuerse other, whose aide men of power do vse in their offices, sometime for their re∣uenewes & mony of state, sometime for other affaires, as be the ouerseers of Parkes and Woodes, whiche therefore we may call Fosters, raungers, or woode∣wardes, being necessarye for the prouision of woode,

which men by no meane maye wante. For if woodes be cutte downe or dispoyled, neither can buildinges be mainteined, ne yet fewell had for fire.

It is not apperteinynge to my purpose to touche o∣ther as be the masters of the Buckhoūdes, sergeantes of the lease, Rangers, and suche like officers, nor yet Faulconers, which haue charge of falcones, sparrow haukes, and suche kinde of rauenyng birdes, wheru∣pon ariseth the pleasure of haukynge. Nor I will not speake of such as be ouerseers of fishepondes, custome money, salt pittes, hauens, and such sortes of common auailes. All profitable, if you take awaye the abuse, which causeth that to be hurteful to the countrey, and a great charge, that otherwise is necessary, and for the common commoditte.

The argument of the .iii. Chapter.

That the maner of gouernyng commen weales, dothe not alwaies belonge to one estate, but yet hath alway respect to one ende.

THe examples bothe of olde and late maye declare that there bee diuers maners of gouernementes in com∣mon weales, and speciallye of the citie of Rome, which because it was of so greate power, could not haue thestate of her common weale with out chaunge, but oftentymes fell into diuers kindes of rule, and thereby coulde not continue in the digni∣tie and maiestie of her predecessours. But as that em∣pire was gotten by force of Armes, and by wronge done to others: so i•• must nedes be by force of Armes ouerthrowen, and fall by reason of her owne hugenes, the occasion hereupon taken, for that the people began to alter the olde ordinaunces of their Predecessours, and to chaunge into an other forme of r••lynge their

cōmon weale, whereas it is not good to alter thestate of wel a appointed cōmon weale. And therfore Augu∣stus said well, who so willeth not the present estate of the cōmon weale to be altered, is both a good Citezin, and also a good man. And this is that which Aristotle so earnestly defendeth, that the lawes of a citie be not to be altered. As by whose chaunge, it must nedes en∣sue, that the state whereof they bee the grounde and foundacion shall shrinke, whiche the Athenians did full well obserue, appointynge certaine lawkepers, which in all commen counsels and assembles did sitte crowned with white wrethes before the heade magi∣strates, & encountred all attemptes against the lawes all ready established. At Locrus a notable citie of the Epizephirians, whiche firste (as Strabo writeth) vsed certain written lawes, there was an order taken, that none shoulde be suffered to attempt renuynge of anye lawe, contrary to the auncient ordinaunces, vnlesse he woulde venter his necke in a halter, to the ende that if it might seeme commodious to the common weale, he might escape: if not, he should straightway be stran¦guled with the same halter, the loope thereof beinge harde pulled together.

Therefore the firme and vniforme order of gouer∣naunce maketh the estate to continue vnchaunged, which is the best and surest in the best kinde of rule, as most cōmon weales do euidently declare. Although as men be now a daies minded, it be hard to kepe y^• same, because of the troubles of sedicion, and intemperancy of the people. Wherefore in default of a gouernour, some free cities vse to take themperour or some other kinge or foraine prince for their defendour, whereby bothe the people maie be kept in awe, and they theim selues preserued. Moreouer, in some common weales it hath bene an auncient custome, that certaine of the base people, and brotherhodes of artificers shoulde be as assistantes to the counsailours, to so that nothinge

be called contrarie to the common profite of the Cite∣zines, and lawes of the countrey, vnknowynge to the people, as the Tribunes were wonte to do among the Romayns. And as it marueilously furthereth concord and quietnesse in a Citie, and as it were nourisheth the same, that the common money, (so farre as belon∣geth to receites, and expences) be noted to the commi∣naltie: so where a fewe, were they neuer of so greate estimaciō, and deserued neuer so wel of their countrey do the same after their owne willes, it stirreth greate troubles, and hath bene the vtter vndoing to sundrye that peraduenture neuer offended. Therefore the wit¦tiest counsell that I can finde, is (for so much as accor∣dyng to Tirence saiyng: sundrye diet causeth sundrye vsage, and eche daie hath inough for her owne euill,) for a season to deferre those thinges, which withoute great disturbance can not be sodenly altered.

Therefore the administrations of common weales, as they be nowe adaies appointed, seeme to be mixed with the three kindes of gouernement, that is to saie: Monarchie, the best mennes rule, and the peoples gui∣dyng. For so as it were one hande washeth an other, and one man aideth an other, specially in such thinges as ought not to be hidde. For there be manye priuye thinges in Cities, and profitable in common, whiche must be committed but to fewe, whiche in this pointe so much commendeth and approueth the faithfulnes, dignitie, and honest behauiour of the officers, that thei be thereby voide of suspicion. Albeit no man euer yet so ruled in the worlde, but he founde certaine felow∣mates, whiche would misconstre and finde fault with his doinges, whom, the clearer a mans conscience is, the soner he will despise. As for good mennes reporte, he neuer neadeth to cast any such feare. For good men alway take good thinges in good parte, and as Tul∣lie saieth: The better a man is, the lesse dooeth he sus∣pect other to be euill. Contrariwise, he that is euill,

can not speake well of other, but measureth al menne by him selfe. And then saied Alexander the Macedoni∣an, plaiest thou the king in dede whē doing well, thou arte misreported: neither yet ceaseth God to preserue his magistrate or minister, euen in the middest of all his trouble.

Neither is it to be thought that it can naturallye come to passe that one common weale can abide the three estates, (I meane of one alone, of the best, and of the peoples gouernement,) as to haue so many parti∣culer heades in it, whereof eche shall haue the auctho∣ritie: but a measure must be had, and eche regarde his own priuate charge. Of which thing we may take an example at this vniuersal frame of the worlde, where∣in the Philosophers by all their search, could not finde any more, but one Lorde and king. And as sainct Au∣sten saieth: Plato did not thinke that there was anye moe Gods but one, the aucthour of al natures. Which thing a man may also see in Bees, which wil haue no moe kinges in their swarme but one, about whō they cluster, whom they compasse in, and reuerence, (as Plinie full well teacheth in hid naturall historie.) Al∣thoughe Aristotle ledde by some greater experience, thinketh that sometime they do folowe diuers guides, whiche being altogether, do make the nomber of one swarme, whiche thing the Bee kepers, as I my selfe haue heard them oft times saie, do graunt: if so be that the hiues be able to receiue diuers swarmes.

Therefore howe diuerse so euer the estates of go∣uernours be, whiche rule in one common weale, yet their eyes must loke vpon one as chiefe in aucthoritie, to whō in weightie affaires thei must haue a recourse as vnto a Moses. So that in euerye well gouerned ci∣tie, none other thinge is to be loked for, but that wee with most quietnes that can be, being obedient to our ruler, (because he is ordeined by God) do seke the com∣mon wealth, and the onely glory of God, whether the

rule be, gouerned by one as a king, by the better fort, by the mightier power, or ioyned with diuers and sun∣drye. Whiche neither Aristotle him selfe dooeth in all poinctes disalow, but reasoneth as though after a sort it maie be accompted as one of the best rules in a com∣mon weale. For there is nothing so perilous, but if a manne vse it well, it may be bothe quiet and safe: and contrariwise, there is nothing so good, but it shal haue wonderfull euill happe, if you do not cease to abuse it. Wherefore it lieth in vs to employ gouernement (al∣though it be a difficult thinge,) either to a good or an euil ende.

The argument of the fourth booke.

That in a common weale it behoueth magistrates to passe other in vprightnesse of life and maners, and to be fauourers of the aduauncement of the common profite.

THe worthy Plato; (whose cō∣panion Tullie professeth him selfe to be, in his bookes whi∣che he wrote touching a com∣mon weale, as Plinie repor∣teth in his preface to Vaspasi∣an,) semeth wel to haue saied: that commō weales be distin∣guished accordynge vnto the nature of men; the decent order whereof we doe mea∣sure by the magistrate that ruleth. Whiche if he be good, it can not otherwise be, but that the Citie shall appeare to be very well ordered. But if he be vnprofi∣table and dissolute, it straightwaies lighteth vpon the Citizins, whom he infecteth and maketh much worse, for so muche as a naughty Rauen can not but laye a naughty egge. Neither was there euer scholemaster that made good scholers, who was him selfe vntempe∣rate, and negligent in teachyng. Wherefore not eue∣rye

one of base condicion must be admitted to beare of∣••ice, but must be chosen amongest such as haue wel go∣uerned their owne houshold. Like vnto him that will be a Superintendent of a church, which must be vnre∣prouable, desierous of good thinges, one that hathe wel ruled his owne house, hath obedient children with all reuerence. So saieth the apostle Paule. A Bishop must be without faulte, one that hath well gouerned his owne house, hauyng his children in obediēce with all reuerence. But if a man can not tell howe to rule his owne house, how shall he rule the church of God? Moreouer, as a bishop must teache not onely with his mouthe, but also with his holinesse in life: so a magi∣strate ought not onely to ordeine and appoinct, but al∣so in dede to perfourme that whiche is for the common profite. For it is a thing to be despised and vncomely, to reason of the discipline of good maners, or to ap∣poinct a rule of good life, if a man be him selfe naugh∣tie, and of a vicious liuyng. Whom Diogenes Cini∣cus likeneth vnto a Lute, whiche deliteth other wyth the swetenes of her stringes, but it selfe heareth no∣thing. But thapostle termeth them a sounding brasse, or a tinckelyng Cymball.

Neither can it be but that citie shalbe kept in verye good order, wherein the officer letteth nothinge passe whiche maie appertaine to the honestie of maners, or emplantyng of vertue. Where he is not only content generallye to decree any thinge, or to take any thinge in hande that apperteineth to a ciuill life, but is care∣full for euery particuler citizen, and noteth their trade of life, to the ende he maie appoinct a rewarde to the good, and set them forthe to all men for the ornament of their vertue: and dehort, driue, & bringe the nough∣tie from their wickednes, to vprightnesse of maners, and as a maister of life maye shewe to them bothe the communicatynge of vertues, and true vse of mannes societie.

And this it is whereof Marcus Tullius putteth vs in minde: vniuersally they that will beare rule in the common weale, must obserue two preceptes of Plato. One, that they so loke vnto the profite of the citezens, that they referre all their doinges thereunto, forget∣tyng their owne commodities. The other, to se to the whole bodie of the cōmon weale, that while they loke to one parte, they doe not ouerloke the rest. And there∣fore it is the proper duetye of a magistrate to vnder∣stand that he representeth the state of the whole citie, whose dignitie and worship he ought to susteine, kepe lawes, appoint ordinaunces, and remember that they be committed vnto his charge.

Moreouer, a cōmon weale, wherein the magistrate doeth as it were frō a watch tower behold the citizens maners, and doeth not neglect well to frame the same, shall kepe euery poincte that is required in the princi∣pall common weale, that as Lacedemon was wonte, so it may be called a reuerent assemble, and repaire of good men, the shoppe and marte of al vertues, where∣vnto all the Philosophers disputacions of vertues, of the discipline of maners, offices, and other prophane treatises must be referred, as it hath bene by a marue∣lous good reason alowed, although left in a shadowe, and in scholes: yet a tradicion worthy to be vttered a∣broade, and to shewe vnto men the vse of the felicitie which it promiseth.

The argument of the fift Chapter.

That it is the parte of a wise magistrate conue∣nientlie to prouide such thinges as be neadefull for the Citezins to liue by, without any wrong done to others.

ALexander surnamed the greate, when he had welnere brought the whole world vn∣der his subiection, ledde forthe his armie, and being desierous of immortalitie, pur∣posed to builde a Citie, named after hys

owne name, and to furnishe the same with inhabitan∣tes. Whom Dynocrates a cunnyng builder of Mace∣donia folowing, when he had fashioned the mount A∣thos after the proporciō of a man, in whose left hande he figured the walles of a large citie, and in the right a cuppe to receiue the water issuinge out of all the ri∣uers of that Hill, and so to conduct theim from it into the Sea: Alexander delighted in the fairenes of this purtraiture, by and by enquired, whether there were anye grounde about to furnishe it with store of corne: and findyng that it could not be maintened, but by ca∣riage from beyonde the seas, saied: I do well marke (Dynocrates) the fine drawing forth of the platte, and am delighted therewith, but this do I withall marke, that if a man would plant any companie of menne in suche a place citie wise: the deuise will not bee liked. For as a yonge infant can not be nourished wythout his nourses milke: so neither can a citie, be it neuer so faire, encrease and maintaine any number of people, without groundes liyng thereunto for the bringynge forthe of fruites, yeldyng plenteous prouision for the sustinaunce of the inhabitantes. And as I allowe the platteforme, so doe I disallowe the place. And so lea∣uing this worke vndone, he folowed the king into E∣gypt, whiche there perceiuynge an hauen naturallye fortified, a goodly marte place, the fieldes throughout all Egipte to be of a batfull soyle, and the manifolde commodities of the great riuer Nilus, he commaun∣ded Dynocrates to builde a citie there, named Alexan∣dria after his owne name.

Wherby it is euident, that soche as builded tounes did not onely reste vpon the fairenesse of walles, and houses: but prouided also, that thei might be set in soch a fertile place, wheras thei should haue plētie of corne, abundaunce of victualle, the benefite of water, and all soche thinges, wherwith a citee should be mainteined. Likewise, who seeth not that his iudgement, is to bee

misseliked, who so therefore thinketh a citee to stande well, bicause it is enuironed with walles and trenche, garnished with goodly buildynges, and situate in soch a place, whereas nothing wanteth, that can appertein vnto the health of the people: if it be not also institute, framed and gouerned by such lawes, such discipline of maners, soche a kinde of rule, and that continuallie, that there maie bee the mutuall pleasuryng of one an other, the societie of life, the vse of vertue, and that for whose cause the citie is builded, I meane the atteining of blessednesse, without whiche, you shall doe as thei, whiche doe paint a toumbe, wherewith the lokers on, dooe delight their iyes, whereas within is none other thing, but a stinkyng carcase.

In whiche thing, I appoincted the magistrates of∣fice to be, that he tender not onelie, the florishyng state of the whole citee, but also the priuate welth of euery man, and the very whole honor of the common weale, to be committed vnto hym, as by whom it ought to be supported and staied. Therefore twoo thinges he shall obserue: that whatsoeuer apperteineth vnto the furni∣ture of meate. drinke, and clothē, or thē necessarie pas∣syng ouer of life, that maie be easely gotten: Secondly that it be well bestowed, and emploied to the glorie of God. This must be the whole sōme and effecte of good gouernement, forasmoche as the Magistrate must tra∣uaile emong the citezeins, none otherwise, then emōg his owne childrēn, as whose wealth he must preferre, before his owne, and declare hymself, to be a father of his countrey. Which name none euer obteined emon∣gest the Romains, vnlesse he had marueslously wel de∣serued of the common weale. For Cicero was so na∣med, and so was Augustus Cesar, whiche is repor∣ted to haue been so delighted therewith, that when Valerius Messala, by the counsaill and people of Ro∣mes commaundement, called hym father of his coun∣trey, wepyng for verie ioye, he aunswered: Sens that,

my Lordes, I haue obteined my desire, what other thing haue I to request at Goddes handes, but that I maie deserue, that this your consente maie continue, vntill my last ende.

With soche a minde therefore euery manne muste take vpon him the charge of the common weale, that he doe his endeuour, to preferre the publique affaires, before priuate, & alwaie to haue that before his iyes, and to watche alone, when other doe slepe. But more diligently to repeate my former treatise, concernyng thinges priuately necessarie, there is no hope that the common weale can haue anye prosperous successe, without the supportacion of priuate thinges, whiche hath as it were, the forme of a grounde whereupon the other must be established. For what kinde of socie∣tie should that be, wherein one should be compelled to bee hungrie, and he and his children, as it were, to starue for famine (which is a wonderfull piteous case) either for want of thinges, wherewith the life should be mainteined, or y^• bicause of great dearth, thei cānot bee releiued: and an other hauynge his barnes full, should liue at riot, or alone, as one hauing quicke vt∣teraunce of wares, should sticke vpon to moche gaine, oppresse the neadie, and seke his owne commoditie, to the vndoyng of other, contrary to the verie course of nature? In soche case is this common weale, as that houshold, which will neuer thriue, so long as one dai∣ly swilleth, and kepeth reuell, an other pineth for lack of food: the good man of the house in the meane while either fallen as it were, into a slomber, or negligently looking to his familie. And although the cōmon say∣ing bee, that he whiche entreth into an other man∣nes house, should bee bothe domme and deaffe, yet no honest man could well beare with this inequalitie.

Neither is there one onely waie, to atteine vnto the knowlege how a citee must be furnished with all ne∣cessaries, but good aduisement must be vsed in all, ac∣cording

to the consideracion of the place, the men, the tyme, the yere. Bicause thus there is foresight had, to the citezeins commoditie, neither yet be the sellers en∣dammaged. For no citee can stande, without mutuall trafficque, no companie of men bee mainteined, with∣out prouisiō, without open market for sale of thinges, without the Shambles, and corne market, in whiche poincte, if soche order bee taken, that Marchauntes or Fermours, bee compelled to sell thinges, whiche they bring in, better cheape then reason is, and oftymes for lesse then thei cost them, that is to be eschewed for two causes: Firste, bicause the sellers forsakyng the citee, shall seke an other market, where thei may vtter their wares, to their greater cōmoditie: Secondly, bicause that when thinges, for the daiely vse of citees, bee not brought in, the citezeins in the meane while, be com∣pelled to stande in neede, wherevpon occasion is ofti∣mes ministered to rebellion. Therefore it were better to ouerbuy thinges, that we must nedes haue, then to be altogether without them. And therfore, for the sale and prices of thinges, soche order and rate must bee v∣sed, that it maie bee to eche part of the citee profitable, so shall it not harme other, but staie vpon a consciona∣ble dealyng, that in buiyng and selling, there maie be on all sides some equalitie, and vprightnesse. Whiche none but a wiseman, can bothe ordeine, and see put in prartise: and soche a one as in gouerning a citee, onely hath respecte to that, which swarueth not frō the rule of equitie. But that as it is presently profitable, so in continuaūce, it will not be vnprofitable. For by long experience, soche a man hath tried, that the falling out of thinges (whiche is the scholemaster to fooles) is not to bee looked at: but that thinges must be so foreseen, that although thei be to come, yet by forecast and coū∣saill, thei maie growe to good effecte.

Moreouer) whiche thing must principally be consi∣dered) there is not one kinde onely, nor one trade of li∣uyng

in all citees. For some stand vpō the sea coastes, which be moste mainteined, by carriage in Shippes. Some stande vpon freshe riuers, whiche yet be able to beare great vessels, and be famous, by reason of some notable hauen. Some haue some great marte, and be enriched, by reason of merchaundise. Other some bee welthie by corne groūd, or vineyardes. Besides these, some stande by handy craftes menne, whiche by other meanes prouide theim selues of corne: in this poincte not in very ill ••ase, bicause their gaine is gottē by sit∣tyng trauaile, whereby thei get money, wherewith al thinges that bee necessarie bee bought, and therewith maie the more easely buye what they will, then if thei should with more toile, plucke it forth of the grounde.

Wheras there be sondry kindes of trades, wherby citees bee supported, I haue expressed but a fewe of set purpose, not touchyng the reste, bicause my mynde is onely to declare him to doe verie vnwisely, that shall appoinct one kinde of liuing to all these, whereby thei shall liue all after one sorte: seeyng that thei, neither haue all one kinde of life, neither yet one waie in get∣tyng their liuynges, but in euery citee, consideracion must be had of the life, condicion, maners, waie of get∣ting, and soche like: and according as euery thing shal require, so must order bee taken, and a ciuill appoinct∣ment established. So Serbidius Sceuola warneth vs, to applie lawes vnto the nature of thinges, not thyn∣ges to the Lawes, whiche thyng Plutarche writeth, that Solon obserued in the Atheniane cōmon weale.

The argument of the. vi. Chapiter.

Concernyng the shambles, prouision of eates, and victualyng houses for the common vse of the people, how thei ought specially to bee loo∣ked vnto.

NOw it is moste expedient, that those thinges, whiche we can∣not lacke▪ for the maintenaūce of our life, should bee brought to the market, & be to be▪ had in a citee, where a nomber of people is: whiche is the occasi∣on, that the ciuill societie maie bee knit together, and the di∣gnitie of the common weale, encrease and continue: besides that the people, when thei be full, be more desirous of quietnesse, then if thei doe not finde whereby to haue prouision, and helpe for their nourishmente. So Aurelian the Emperour wri∣teth vnto Arabian his Purneigher, that the people of Rome be meriest, whē thei be fullest. Wherfore those thinges, muste principally be cared for, whiche serue for the daily vse of meate, and drinke: as for other thin∣ges, whiche appertain vnto the riote of idle men, and their inordinate lauishing, there nedeth no like proui∣sion, as without which, the people maie be nourished, and the Citee well inough mainteined. Wherefore, Socrates, when his frende complained, that all thin∣ges were deare at Athens, as Purple silkes, pearles, venison, and al kindes of nouelties, answered wisely: there is no dearth, so long as meale and oile, necessary prouisiō for ••••••••••ining of life, may he had good cheape

Who so therefore thinketh to rule the common weale profitably, let hym be carefull for the furnyture of meates and drinkes, and see that thei be easely to be had, by meanes of corne, meale, fleshe, wine, ale, huc∣sterie ware, & other victuals, nedefull for mannes life.

But first of all, respect must he had for prouision of corne, that the inhabitauntes be not for lacke thereof compelled either to stande in distresse, or to chaunge their soile. And therefore common weales whose nū∣ber is greate, vse to haue store houses, wherein they

be accustomed to laye vp corne bought with the com∣mon money, and thence when neade shall be, to sell it good cheape, after the Romain vsage, whereby twoo lawes touching corne made by Sempronius, and Sa∣turninus, corne was solde to the people after the rate of. vi. pence, and a greate a busshel, vntill that Publi∣us Clodius made a lawe in his Tribuneship▪ that the people should haue corne geuen them frely. The whi∣che as hurtefull to the Treasurie, Marcus Octauius sōne to Cneius, did abrogate, because it semed that by geuing the people foode plentifully, and that without any trauaile, it might withdraw them from honest la∣bour vnto idelnes, as Marcus Tullius witnesseth. What a marueylous charge this deuision of Corne was, which the Romains vsed to distribute monthlye in euery warde (and therupon tearmed it Menstruum) as wel the quantitie thereof, as the number of menne which did receiue the same, will declare. For Plutarch in Cesars life writeth, that the corne whiche month∣ly was deuided amongest the common people, cost. v. hundred and fiftie millions of their coine. Whiche by computacion after our reckening (as manie doe wit∣nesse) amounteth to fiue hundred and fiftie thousande crownes. What a number it was to whom the deui∣sion was made, Suctonius tranquillus in Cesars life by these wordes declareth. He made recoumpte of the people, neither after the accustomed maner, nor place, but strete by strete, by the housholders. And whereas there were wont to be three hundred and twentie. M. which had corne of the common prouision, he brought theim to one hundred and fiftie thousande. Whiche I therfore haue mencioned that we should take this as a president of a well appointed Citie, to the ende we may the better know the benefite of God, which gaue sustinaunce to so greate a noumber of people: yea, and that in a citee geuen to the seruing of ydolles.

As touching this matter, lesse care is hadde for pro∣uision,

when as out of the countrey neare adioynyng being fruitefull, pure floure, meale, wheate, ry••, pea∣son, barley, oates, & all such kinde of graine, is weke∣ly brought in and solde to the Citezins after a reaso∣nable price, as the time of the yere serueth. For expe∣dicion whereof, there is no better waie that can be founde, then to carie it into the corne market, where∣as a iuste price shall be sette vpon it, as it were by the whole cōsent of al the biers, otherwise then if it were forestalled euery where in the stretes, and priuate pla∣ces, at the prising of euery priuate person, whiche for the mooste parte is inconuenient. Wherefore there ought to be punishemēt executed vpon such regraters as buye corne at a lowe price, and sell it dearer to the baser sort, practising thereby a kinde of gaineful traf∣fique, forbidden bothe by God and mannes lawe, and in this poincte the worsse, because they vse •••• deceiue men by false measure. Therfore order must be taken, that their measure be not false and vniuste, which of∣fice among the Romaynes belonged vnto the Ediles, whome Pomponius the Lawyer called Cereales, as it were ouerseers of the Corne, firste ordeined by Iuli∣us Cesar.

And when prouision is hadde for corne, there must foresight be had for meale, that there be no disceite v∣sed in milles and grinding houses. Then that they fel no breade but of iust weight, whiche shall easely be e∣stemed after the forwardnesse of the yere, which it self will prescribe the order for the assise of bread: and this ought to be considered so much the more circumspect∣ly, the more marueilously the heauenly father feadeth all mankinde with a small deale of corne, and that ga∣thered by a fewe. Which benefite of God, if we should go about to diminishe, and deceiptfullye to abuse hys blessyng, it were a most wicked poinct.

And we must be carefull for the shambles▪ left if it be not forseene, it do bringe in a dearth and scarcitie

of victuales. By the name of the shambles, I meane al that which serueth to our sustenaunce, sauyng breade and wine, and such other thinges as be properly moist and serue for drinke. For to what ende serues beefe, porke, veale, lambe, kidd, fishe, and other suche kind of cates, which we prouide to be dressed for vs: if that vi∣taillours, bouchers, and hucksters, maye at their plea∣sure enhaunce the prices, and so annoy other. Whiche incōmoditie may thus be remedied, if that the fleshe be solde proporcionablye accordyng to the price whereat sheepe, oxen, hogges, calues, and such other cattell be solde, & that some euen measure had, bothe the vittai∣lour may not lese his labour, neither the citizins be vn prouided of things necessary to be sold in the shābles.

After these folow other meates and drinkes which doe appertaine to the prouision of victualles, whereof wee haue neede for the sustinaunce of our life, as bee delicate meates, venison, wildfoule, waterfoule, wild beastes▪ hennes, capons, and all suche kinde of deintie dishes: also wine, Ale, Beere, and such other things as we doe set out of Tauerns, prouided by a ciuill order. Which things be al so much y^e better cheape, the more discretly thei be ordered and commaunded to be solde. And in this part ther must nedes some order be taken for wine in Tauerns (especiallie where muche wine is vttered be it neuer so deare) or els, besides that the worst by that means is sold at as hie a price as y^e best, it maye bee reckened as a greate inconuenience that might arise vnto the citee, that one or two Vinteners should become welthier then the rest.

Of many I thought it beste to recount the chiefest thinges which doe belonge to meates and drinkes, for the purneiyng whereof a magistrate must be maruei∣lous carefull, leste in the citie either suche necessaries can not be had, or at the least not at a reasonable price, whiche thinge accordyng to the necessitie and state of the place, eche manne shal best by conuenient order in

his owne Citie establishe. For it is profitable to the common weale, that none do vse deceitfull practises a∣gainste the common prouision of victualles, without which we can neither liue cōmodiously, ne yet ciuilly.

And therefore in Rome, a penaltie was appoincted for those by lawe, which did any thing, for the cu••pai∣ryng of their Corne, or conspired together, to make a dearth: and for them likewise who staied, or by any de∣ceipte, caused to bee staied, any Mariner or vessell, ap∣poincted for victualles, whom the lawe nameth (Dar∣danari••) that is, regratours and forstallours of the mar∣kettes. And amongest other Lawes, whiche the Ro∣maines made for Corne, one is specially called, after the maker, Iulia Lex.

Here I doe not sticke at flue dishes, or soche as doe appertain onely to diliciousnesse, and mere riot, whi∣che if thinges were wel weighed, ought not to be suf∣fered in a well appoincted citee. And yet not so moche to be disalowed, if onely riche men vse them, and not also soche as haue scarce inough to eschew very star∣uing for honger. Whiche is a meane to bring the cō∣mon weale to vtter decaie. And therefore Socrates said wisely (as he did alwaies) that he wondered how a citee could stande, wherin a fishe was dearer solde, then an oxe. Which thing Licurgus perceauing to be vsed in Athens, cōmaunded soche lawes as wer made for victualles, to bee registered in writing: whereby a meane was appoincted for banquetting and feasting. Whiche the Romaines, as Ammianus Marcellinus writeth, did alter, endeuourynge by ordinaunce of lawes (whiche thei called lawes for expenses) to bring vp again the old parcialitie, & frugalitie of the citee of Rome: wheras the lawe called Orchia, brought their feastes to a certain nomber: the lawe called Khamnia commaunded, that no manne should spende aboue an hundred peces of coigne, called (Asses) at any banquet, and not that neither, but vpon solempne and appoin∣cted

daies: and as Plinie writeth; that no foule should bee set on the table, but one Henne, and that not verie fat fedde. Then came the lawe called Licinia, whiche graunted that at a mariage feast, there should be spēte twoo hundreth of the same peces called (Asses) and at so∣lempne suppers, one hundreth, besides soche fruictes as grewe naturally out of the yearth. Whervpon Fe∣stus saieth, that those suppers were called (centenarie). Then Marcus Emilius Scaurus made a lawe, wher∣by he restrained them, from the eatyng of fielde Mise, shell fishes, and all birdes brought in, forthe of forein countreis. Afterward Augustus made a lawe, to gra∣tifie Cesar, whiche he named Iulia, and that also ap∣perteinyng to expēses, wherby he graunted for worke▪ daies, twoo hundred pence sterling, for holy daies, thre hundred, for mariages, and feastynges after the wed∣dyng daies, a thousande. Whereof Tullie, Gellius, Macrobius, and Asconius Pedianus, one that mooste diligently obserued antiquitees, haue made mention, Whiche we therfore must marke, to learne with how greate labour, with how greate charines, old aunci∣entes, haue laboured to bridle riot, and to bryng men to a sober diet. Whereby we followyng their steppes, maie be stirred forwarde, to bryng our common wea∣les, to a moderate frugalitie.

The argument of the▪ vii Chapiter.

That soche lawes, as a citee must be gouerned by, ought to bee kept by all men, and that it is a thyng that giueth an hurtfull presidente, if Magistrates doe offende against the same.

TO the ende therefore, the common weale maie bee firme, and not alte∣red nor transposed, accordyng to e∣uery mannes fancie: there must bee some order; for the gouerenmente therof, appointed by lawes. Wher∣vnto we muste haue recourse, as to

our moste sure rule, or touch stone. Whereby we maie readily learne, whether a citee be well and semely ad∣ourned or not. Therefore Demosthenes (as Marcian is aucthour) saieth, that the Lawe is a common ordi∣naunce of a citee, after whiche it behoueth all theim to liue, whiche bee in the citee, whiche Papinian calleth the common assuraunce of the citee.

It furthereth moche, saieth Tullie, the wealth of Citezeins, the safetie of Citees, and the quietnesse and happinesse of mannes life, to haue the same esta∣blished by lawes. Whose vertues be, to commaunde, to kepe vnder, to bidde, to forbidde. For it is the lawe onely, whiche commaundeth thinges that muste bee doen, and forbiddeth, that is not to bee doen. Thus the lawe, is the rule and leader of a Ciuill life, whom the Grekes doe call (nomos) for that it assigneth to euery man his owne, as who saie, a distributer. The Lati∣nes call it (Lex) whiche is as moche to saie, as a choise, bicause it is chosen and confirmed, by wisemēnes con∣sent, as profitable in common.

Whereby it doeth appere, that the societie of men was the first cause, why lawes wer made, whiche be∣yng ones begonne among menne, must nedes be still preserued by reason, as naturally engraffed in man, so appoincted by wise heades. Then afterwarde, for that, myne, and thine, beganne to breede vnquietnesse amongest menne, question began to be moued, concer∣nyng seigniories, and dominions of thinges, whiche for the mainteinyng of vprightnesse, and quietnes of a Citee, must nedes bee ordered by the rule of Iustice and equitie, so that thereby a greate part of the lawe, became proper to the Courtes, the residue, whiche ap∣pertaineth to the beautifiyng of good maners, and fra∣myng of the common weale, was left in the citee, and schooles of Philosophie.

Now if this lawe be a thing made by the common consent of a citee, whereby right and wrong be distin∣guished,

it must nedes be applied to thinges according¦ly: and therfore Aristotle compareth it, to the Lesbiane rule, pliable to all measures, whiche thing lieth moste vpon them, to whom the gouernment of the common weale is committed: whiche therefore muste haue the state of the tyme, the place, and menne, set before their iyes, that nothing be doen, by pretence of law against equitie, whiche the Grekes call (Epiichia) naturally en∣graffed in vs. And so it is in common affaires, as in sore iyes, whiche muste not haue all one medicine, but according vnto the diuers kindes of men and matters, a diuers kinde of temperature must be applied. For to moche frettyng of a sore, rankeleth it, and prouoketh it to bleedyng: whiche Arte thei ought onely to exer∣cise, that excell in wisedome, equitie, iustice, and godli∣nesse, and preferre the common, alwaie before the pri∣uate profite, whiche thing as Plato saieth, linketh the common weale together. For thei knowe, what maie bee moste profitablie doen in eche Citee, for moste ad∣uauntage, and that one Shooe is not meete for euery mannes foote. Whiche is the onely cause, that euery where thei vse no written lawes, but in steade thereof in verie extremitie of thinges (the rigoure of the lawe set aparte) thei haue customes of Boroughes, brought in by old maners, vsages, and statutes, moste profita∣ble for the gouernement of the common weale, the pu∣nishement of offenders, and defence of good men: and of no lesse aucthoritie, then the written Lawe is, and that whiche is common to all menne. And here vpon saieth the Philosopher, that euery citee is mainteined by nature, maners, and reason.

But for so muche as a common weale is a certayne meane to ioygne men together in honestie of liuyng, grounded vpon lawes, which ought to touch the pro∣fite of al, and the common aduauncement: not the sub∣iectes onely ought to obey the same, but also the magi∣strates, who haue no prerogatiue, but suche as is ho∣nest,

of it selfe, and profitable to all, whereby eche man hath his owne geuen vnto him, and others be not har med: As to whom thou art not permitted to doe, that thou wilt not haue done to thy self. And therfore Pla∣to did well saie, that such a common weale must nedes decaye, whereas the magistrate ruleth the lawe, and not the lawe the magistrate. So Theodosius and Va∣lentinian the emperours in their decrees vse a saying, worthy the maiestie of a gouernour, that they confesse a prince bound to the lawes, and that it was a greater thing to submit selgniourie to law, then to be a ruler. Then is not that true which certaine light and fonde flatterers doe beate into princes heades, that Domiti∣us Vlpianus setteth a prince at such libertie from la∣wes, as though he were not bounde to liue accordyng to their appointmente. Whereas he vsed to counsell Alexander Seuerus, one that was as it were a keper of recordes of lawes, farre otherwise. This it is that Claudianus counselleth, and verie properlye writeth vnto Theodosius in these verses.

Thou representes a Citizin, and parent of eche one: See thou prouide for eche estate, and not for thee alone. Let not thine ovvne desires thee moue, eche thinge to take in hande, Respect in all the vvealth of all, and profite of thy lande. If ought thou vvilt proclaime abroade, that subiectes shoulde fulfill, Submittethy selfe to thy behestes, and first obserue thy vvill. For then the people naught repines, but sekes the rightfull vvaie, Vvhen they the aucthour see of right, in right him selfe obey.

The kinges example frames the vvoride, the lavves be not so rife, To vvrest aud vvinde their vvilles so vvell as is the rulers life. Vnconstant are the commonsorte and vvauering as the vvinde, And vvith the prince to vvalke avvrie the rest are sone enclinde.

And this is that pointe wherein Aristotle holdeth opinion, that in effect and substaunce, it is one kynde of discipline which the magistrate obserueth in gouer nyng, and the subiectcs in obeiyng, but in maner and four me diuers, For the one thereby learneth to obey, to do such thinges as he is commaunded, and to frame his life to a vertuous conuersation: the other by ap∣pointment thereof, is taught to gouerne other, to bee an example of good life, to direct all his endeuour and labour to the common auaile. And thereby commeth it to passe that bothe the people do their duetie in obe∣dience, and the magistrate executeth his office with a godly carefulnesse, and by his vrightnesse of his, she∣weth the right pathe of vertue, wher upon ariseth that ioynyng of profites whiche doeth best support a citie.

From which appointment thei shamefully yf warne whiche perswade them selues that the office of magi∣strates is a name of dignitie anely, not marking their continuall trauaile, then weighty charge, the present daunger, the rekenynge: requited for their doynges, and Goddes reuengemerit whiche can not be eschued for such thinges as be neglected, which thinges be cō∣prehended vnder the name of a magistrate. Whereas neither ignoraunce, nor anye necessitie of priuate af∣faires; nor mennes vicious allurementes, nor any o∣ther pretence can excuse them. For this office is a com∣mon office, and it ought to suffer no delaies, but by ge∣uyng to much libertie it corrupteth the people, which

in dede shall pearish for their iniquitie: but God in his great daie shall require the destruction which lighteth vpon thē at the magistrates hands, by whose meanes they be so cast away. Then oughtest not thou to think thy selfe to be therefore aduaunced, and lifted vp into a place of dignitic and preferment, to occupie the high∣est seate, that others shoulde make thee rowme, and crouche vnto thee, but to loke to thy charge, with care∣fulnesse, wisedome, earnest trauell, studic for the com∣mon profite, with a fatherly zeale to warde the citezins of whom thou must make accompt, as of thine owne children, and by all endeuour to she we thy selfe wor∣thy that office. Whiche thinge because it is not well considered in our common weales, all thinges be em∣paired and fall to decaye. The magistrate careth not muche for the common weale, and by his vicious lyfe causeth corrupt maners totake rote also in the people: so that thereby that commeth to passe which is great∣ly to be lamented: that is, we must seke honestie of li∣uyng in them where it is not to be found. None other wise then did the olde Diogenes, whiche with a light Candle in a greats assemble of people (euen at noone daies) sought for a man. For of all them that be made gouernours, how many be ther that frō their hart wi∣she the common wealthe well? Whiche doe not more esteme their own gain, then the cōmō profit: which wil appoinct such lawes & ordinaunces as shal take place? Farre otherwise then Lycurgus did, which indented with the Athenians, that vnlesse he him selfe reuoked his lawes, they shoulde continue for euer. And for the eschewyng of perswasion to breake them, he willing∣ly banished him selfe, and so strenghthened his lawes. But men of our time dooe farre contrarie, whiche al∣thoughe they take in hande to establishe the common weale by lawes, yet either they do bringe them to no effect, or be the first that breake them, and gene other occasion to traunsgresse the same, whom thei be asha∣med

to punish, because they first offended them selues, and sticke in the same mire. For we know that in the most part of cities, and most dominions ere this, there haue bene most holesome lawes published against ad∣uouterers, dronkerdes, blasphemers, whorehunters, vsurers, and other offenders, whiche be so common, that euen they of the churche winke at them, and will not se them punished, which perchaunce haue pinched one or two of the baser sort, but if the execution of thē at any time hath fallen vpon them of the nobilitie, all is husht, and they as hornettes throughe the Spiders webbe passe their ways, and scape free: and such haue bene the occasion whye they haue not likewise taken place in other, to the grease decaye of the common weale.

The argument of the. viii. Chapter.

That it were profitable that no aldermen of ci∣ties, aldermennes deputies, wardeins or other such officers should be chosen out of their own craftesmens balles, because they beyng easelye ledde with affections, dooe vse to be to parciall towardes them that be of their owne cōpanies.

HE that hath rule ouer other, muste not onely be without fault, but also without suspicion of euill, which he easely incurreth, if he bee driuen to ordeine any thing touchyng theim, to whom he is knit by order of bro∣therhed, or whom at the lest he ten∣dreth, bicause of the likenes of their trade, and sauour of gaine, whiche were better to bee exempte from this charge, then to intermeddle themselues therewith, to the hinderanuce of the common weale. Where as he is verie vnmete to attempte the thing, whiche cannot by his meanes bee sincerely practised. As Xenocrates the Chalcedonian, a Platoniste, whiche as Laercius

writeth, succeded Speusippus in his schoole, saied to a certaine vntowardlie fellowe, and▪ one of a blockishe nature, and of a simple vnderstandyng, whiche came to heare hym: Get thee hence, thou hast not the handle of Philosophie: as though no man should be admitted to any businesse, whiche he maie not seme fit to accom∣plishe accordingly.

Soche waie thei seme to bee, whiche bee elected Al∣dermennes deputies, or heade officers out of the com∣panies of craftes men, and artificers. From amongest whiche although I doe not deny, but that there he cho∣sen certain singuler honest men, whiche tender bothe godlines, and the common weale (for in deede to iudge of other, and chiefly of soche as bee aliue, I haue lear∣ned that it is an hard thing, moche lesse then ought we to pronounce of their life.) Yet neuerthelesse, as men be now a daies, there bee many thinges, whiche vse to driue them a wrong waie, and to make the executyng of their office, to be had in suspicion. Bicause that nei∣ther Philosophie can take awaie, ne yet we altogither suppresse the affections, whiche wee beare to priuate aduauntage, and to those persones, to whom wee bee boundè by the bonde of societie. So by nature, where∣by we bee enclined to naughtinesse, and labour to doe that whiche is forbidde vs, we be verie desirous of that whiche is priuat, & reken that our coa••e sitteth nigher vnto vs, then our cloake, whervpon it cometh to passe, that the Dogge, as Luciane saieth in his dialogue a∣gainst an vnlearned manne, is not easely driuen from the skinne or hide, whiche he hath begonne to gnawe, and whereof he hath ones tasted.

Neither is there any man so vnskilfull, but he kno∣weth with how greate wisedome the lawe maker en∣deuoureth to bryng to an order, and to reforme the practises of engrossers, vnlawfull resortyng places, Tauerne, kepers▪ soche trades of Marchaundile, as be hurtfull to the cōmon weale and all kind of trafficque

that doeth annoie mannes societie, to the entent soche thinges maie the more easely be obteined, as be nede∣full for the daiely vse of our life, and maintenaunce of a common weale. Whiche thinges can not bee so pro∣uided for, by the common Lawe, but that priuely, and by little and little deceiptes crepe in, and by reason of a rooted coueteousnesse doe lye in waite, sekyng to co∣lour thinges, as though the lawe permitted the same. For there is no lawe of soche penaltie, none so surelie established, but assone as it is made, there is one collu∣sion or other founde against it. There must therefore some be appoincted as ouersecrs, for the accomplish∣yng of lawes, whose charge must be to see that the la∣wes bee kepte, whiche is the duetie of counsailers, or Magistrates, whom I therefore call a liuyng Lawe. For in deede the Lawe is deade, whiche is not put in execucion. Therefore to stop all startyng corners, for soche ••••chers and bootie brokers of citees, the aunciēt lawes muste bee holpen, by newe ordinaunces, accor∣dyng to the qualitie of the place, the thinges, and the people, lest vnder the pretence of that, whiche is law∣full, that be committed, whiche is vnlawfull: whereby the common weale maie bee endamaged. Now if the Magistrates, bee of the same occupacion or trade, with those that must bee reformed, the matter shall goe for∣ward so moche the slacker. So many meanes seke thei out, y^e no poinct of their profite be diminished. For ac∣cording to the latine prouerbe: one Asse vseth to rubbe an other, and a Dogge will eate no Dogges fleshe.

But in wine Tauernes, some reformacion muste nedes be had, bicause badde wines be solde for the best, of equall price, or aboue a reasonable rate: and corrupt wines bee vttered for pure, brued for naturalle, dreg∣gishe for well settled, sower for swete. In Bakehouses likewise be craftes vsed: the bread is not well baked, it is not cleane, it is ill leauened, or to deare, considering the tyme of the yere, and not answeryng accordinglie

to the price of corne. The Shambles also is moche out of frame, whiche seeketh onely for priuate gaine, so moch more hurtfull to the common weale, the lesse we can be without it, forsomoche as al that we buy there, is valued, and solde vnreasonable deare: rotten or car∣rien cattell is killed: the fleshe is mustie and stinking, the veale is not old inough, but vnholsome: the weigh∣tes be false: the riche haue that is best, the baser and cō∣mon people the worst, and all at one price.

As for Merchaundries and sellyng of wares, what collusion is daily therein vsed, he onely seeth not, that can not see at all. For looke what ware is bought for one shillyng, that vse thei to sel again for two: besides that their wares bee naught, and the counterfaict, be vttered in steade of perfeicte. If ye purpose to redresse the market, be it the beast market, the Wine market, the Fishe markette, the Pultrie, the Hucsterie, or the Corne market, ye shall euer finde thinges, worthie of reformacion. Other fautes bee better knowen, then nedefull to be rehearsed in this place, whiche must al∣so be brought to better frame, by discrete deliberacion.

But if the Maior, or he, to whom the charge on this behalfe is committed, bee a Baker, Boutcher, Vinte∣ner, Merchaunt, Mercer, Trafficquer, or a follower of the Markettes, it can not be told what consultacion is had, how many bywaies be sought for, vntill that bee decreed, whiche lesse hurteth the priuate profite, al∣though the common people in the meane while, be ne∣uer so moch endamaged, and forced euen for very nede to sterue. And what soeuer is so ordeigned, it can not but more auaile the priuate, then the common estate in all poinctes: how so euer it be constrewed, to this effect will it growe. But there is a cercain pretensed face of counterfaict administracion, whiche when those affec∣cions, and desire of priuate gaine, will not suffer wil∣lingly and wholie to take place, yet by meanes of this cloked colour, thei cast a mist before mennes iyes, per∣swadyng

theim, that thei tender their commodities.

Whiche enormitie maie in soche places more ease∣ly bee remedied, where there is so greate a nomber of menne, as beside, craftesmen, retailers, the retainers and felowes of companies, the best men, and the beste knowen for their wisedome, sobernesse, and vpright∣nesse of liuyng maie be had, to be put in these high of∣fices, and charge of dooyng thinges, whom the inno∣cēcie of life defendeth not onely from desire of priuate commoditie, but also from suspicion. But if the com∣mon weale bee not populous, so that for scarcitie of people, soche menne can not bee had (as it happeneth for the moste part in these daies) then seyng it can not bee amended, it must bee paciently borne withall, and that must bee holden a vertue, whiche necessitie, that hath no lawe, commaundeth to be doen, seyng we doe commonly chose good officers, euen from among the baser meany, as artificers, handicraftesmen, kepers of hoate houses, Barbers, and soche other, whiche will so see to thinges, as thei maie, and as tyme doeth per∣mit. Whose deutie is no lesse (all affections set apart) to preferre the publique, before the priuate pro∣fite, and to remember that the thing com∣mitted to their charge, is not their own but the whole bodies: then it is hurtfull and detestable, for their owne profites sa∣kes, either to neg∣lect, or to vio∣late the same.

Notes

• i. Cor. xv.
• Speache is a representation of the minde.
• Officers.
• Officialis.
• 3. de finibus bo. & mal.
• Amasis the king of the E∣gyptians.
• Princes ought to bee circum∣spect in the ap∣poinctyng of officers.
• It is a daun∣gerous thing that officers shold be fauty.
• Officers grow quick••l••e to great wealth.
• The magistra∣tes of Rome continued not long in one of∣fice.
• ••••stit••cion.
• Aristot▪ in. 3 Polit.
• The admini∣stracion of ••u∣〈…〉〈…〉ce.
• Esa••. xxx.
• 2. Para. xix.
• A iudge flayne for geuing cor¦rupt iudgemēs
• Lampridius in vita Ale∣andri▪
• ••••learned cō∣mis••••oners.
• 〈◊〉〈◊〉.
• Roma. xv.
• ••••••••ssiue spoil 〈…〉〈…〉ces 〈…〉〈…〉es.
• Sera in ••un¦do parsimo∣••••a.
• The 〈◊〉〈◊〉 ••••mpa••ed to the splene.
• 〈◊〉〈◊〉 of Receiuers.
• 〈◊〉〈◊〉▪ 〈◊〉〈◊〉▪
• W••dwar••s •• 〈◊◊〉〈◊◊〉▪
• Huntyng.
• H••••ky••g••.
• The Romaine 〈◊〉〈◊〉 was wonne b•• force of armes.
• In. 2. polit.
• Strabo in. 6 geographie lib.
• Chaunge •••• daungerous.
• Three kindes of gouernment
• 〈◊〉〈◊〉 finders.
• The nature of good and il re∣porters.
• Aristo. in. ••. Metaphys. In. 11. de Ci∣uitate Dei. Capi. 25. an example taken of B••es.
• In. 3. polit.
• Abuse.
• Plato. 8. de Repub.
• A magistrate profiteth much by good exam∣ple of liuyng.
• i. Timo ••••.
• i. Cor. xiii.
• Magistrated must haue deli∣gent respect to the peoples be∣hauiour.
• Arist. 5 pol.
• D•• officiis. Lib. 1.
• Vitruuius de archite∣ctura.
• Alexandria a citee in Egipt
• A faire citye yl ordred to like a painted tombe
• Magistrates office.
• Pater patriae
• Prouision of necessaries. &c.
• Thinges must be sold at a rea∣sonable price.
• Diuers Citees haue diuers meanes of pro∣uision.
• Prouision of corne.
• Lawes for corne.
• Cicero. in orat pro P. Sestio & li. 2. de officiis.
• Charge for pro¦uision of corne among the Ro∣maines.
• It to profitable that Come bee brought into the Math••••••••.
• Forestallers & Regratours.
• Aediles cereales.
• Prouision of Meale. &c.
• The shambles
• Deintie dishes
• 〈…〉〈…〉.
• Regratours and 〈…〉〈…〉
• Delicate fare a noi••th the cō∣mon weale.
• Libr. xvi. ••erū ge••tarū
• Ten plates of the Romaines coigne called Asses, were in value our ster∣lyng ••ro••••.
• Plinius lib. 10. capt. 50.
• Lawes for the ••••str••••ute o•• s••pt••ous ••••••••.
• Libr. ••. de Legibus.
• The Lawe.
• The cause of making lawes
• Lawes must•• bee applied to the time, place, and people.
• Citees bee tu¦led by vnwrit∣ten lawes.
• The Magi∣srate is in sub¦iection to the lawe.
• The Magi∣strate and sub∣iecte bee bothe one in some re∣specte.
• The charge of Magistrates.
• A vicious Ma∣gistrate, corrup¦teth the people by his naugh∣tie ensample.
• Hornettes.
• Xenocrates.
• Affections
• De••cipt in bu••∣ing and selling 〈◊〉〈◊〉.
• A magistrateis called a liuyng lawe.
• Bakers, bo••∣chers, vinte∣ners, and other occupiers▪ pra∣c••ise de••••y••e in their 〈…〉〈…〉.
• A Magistrate that studieth for his owne priuate gaine can neuer or∣dein thinges 〈…〉〈…〉.
• In places not moche replen••¦shed with peo∣ple, the•• of the baser sorte bee chosen officers,