The six bookes of a common-weale. VVritten by I. Bodin a famous lawyer, and a man of great experience in matters of state. Out of the French and Latine copies, done into English, by Richard Knolles

CHAP. VI. ¶ What a Citisen is, and how much Citisens differ from Citisens, and how much from strangers: what also is to be vnderstood by the name of a Towne, a Citie, and of a Com∣monweale.

WHat we haue before said concerning a whole Familie, and euery part thereof, containeth in it the beginning of all Commonweals. And as foundations can of themselues stand without the forme of an house, be∣fore [ K] the walles be built higher, or any roofe laid vpon them: so also a Familie can of it selfe be without a Citie or a Commonweale: and so can also the maister of a Familie vse his power and command ouer his houshold with∣out depending of the power of any other man: as they say there are many such fami∣lies in the frontiers of the kingdomes of Fes and of Marocco, and in the West Indies: but a Commonweale can no more be without a Familie, than a Citie without houses, or an house without a foundation. Now when the maister of the Familie goeth out of his owne house where he commaundeth, to entreat and trafficke with other heads

of Families, of that concerneth them all in generall, he then loaseth the title of maister, [ A] head, and lord, to be a companion, equall and fellow like with others, leauing his fami∣lie to enter into a Citie, and his domesticall affaires to entreat of publick; and in stead of a lord calleth himselfe a Citisen, which is no other in proper tearmes than A free* 1.1 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 ouer his wife and chil∣dren: but after that force, violence, ambition, couetousnesse, and desire of reuenge had armed one against another, the issues of warres and combats giuing victorie vnto the one side, made the other to become vnto them slaues: and amongst them that ouer∣came, he that was chosen cheefe and captaine, vnder whose conduct and leading they [ B] had obtained the victorie, kept them also in his power and commaund as his faithfull and obedient subiects, and the other as his slaues. Then that full and entire libertie by nature giuen to euery man, to liue as himselfe best pleased, was altogether taken from the vanquished, and in the vanquishers themselues in some measure also diminished, in regard of the conquerour; for that now it concerned euerie man in priuat to yeeld his obedience vnto his chiefe soueraigne; and he that would not abate any thing of his libertie, to liue vnder the lawes and commaundement of another, lost all. So the word of Lord and Seruant, of Prince and Subiect, before vnknowne vnto the world, were first brought into vse. Yea Reason, and the verie light of nature, leadeth vs to beleeue very* 1.2 force and violence to haue giuen course and beginning vnto Commonweals. And al∣beit [ C] that there were no reason therefore, it shal be hereafter declared by the vndoubted▪ testimonies of the most credible historiographers, that is to say, of Thucydides, Plu∣tarch, Caesar, & also by the laws of Solon, That the first men that bare rule, had no grea∣ter honour and vertue, than to kill, massacre and rob men, or to bring them in slauerie. These be the words of Plutarch. Yet haue we more also the witnesse of the sacred hi∣story, where it is said, that Nimroth the nephew of Cham, was the first that by force and violence brought men into his subiection, establishing his kingdome in the countrey▪ of Assyria: and for this cause they called him the Mightie hunter, which the Hebrews interpret to be a theefe and robb•…•…. Which thing also Philo the Iew, and Iosephus by their testimonies confirme, viz. 〈◊〉〈◊〉 by his wealth and power to haue first exerci∣sed [ D] tyrannie. Wherein it appear 〈◊〉〈◊〉 Demosthenes, Aristotle, and Cicero, to haue mista∣ken* 1.3 themselues, in following the errour of Herodotus, who saith, That the first kings were chosen for their iustice and vertue; and haue hereof faigned vnto 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 be∣fore 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 [ E] had in his trauell seene and noted the maiestie of the king of Tombut: and thereupon conceiuing a desire to make himselfe a king also in his owne countrie, hee at first to be∣gin withall, killed a rich marchant; and so possessed of his horses armes and mar∣chandise, diuided them amongst his nie kinsfolks and friends, acquainted with his pur∣pose; by whose aid he by force and violence subdued now some, and after others, kil∣ling the richest, and ceasing vpon their goods: in such sort that his sonne became rich with the robberies of his father, made himselfe king, whose successor hath so continu∣ed after him in great power, as we read in Leo of Africke. This was the beginning of

the kings of Gaoga, which in short time greatly encreased. [ F]

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* 1.4 I say, for albeit that a slaue be much more subiect vnto the commaund of the highest authoritie than a free man; yet so it is, that al people haue alwayes with their common consent agreed, That a slaue is no Citisen, and in questions of right is accounted no* 1.5 bodie; which cannot truely be said of mens wiues and children, who are free from all seruitude and bondage; albeit that their rights and liberties, and the power to dispose of their owne goods, be from them in some sort cut off by the domesticall power: in sort that a man may say, that euerie Citisen is a subiect, some small part of his libertie [ G] being diminished by the maiestie of him to whome he oweth obeysance. But euerie subiect is not a Citisen, as we haue said of a slaue; and may also so say of a stranger, who comming into an other mans segniorie, is not receiued for a Citisen, hauing not any part in the rights and priueledges of the Citie; neither is to bee accounted in the number of friends, allies, or coallies, who are not altogether straungers, (as the Lawyer saith) neither enemies also. Howbeit that the Greeks of old called straungers enemies, as also did the Latines, which Cicero hath noted out of the law of the twelue tables;* 1.6 The mildnesse of the word (saith he) mitigating the hardnesse of the thing: and they were called enemies which had conspired against the state. And it may well bee also that those whom we yet by a common word cal Hotes, or Hostes, were in antient time [ H] nothing els but straungers. But men haue since corrected the proprietie of words, the forme of speech still remaining: for the Greeks haue called their enemies 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, as men making warre vpon them; and straungers 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, which signifieth not pilgrims (as saith Acursius) but straungers, be they another mans subiects, or themselues soue∣raignes in their owne countrey.

Now amongst them whome we said to be subiects vnto publick empires and so∣ueraigne power; some are naturall, some are naturallised; and of them which are na∣turall* 1.7 some are free borne, some are slaues, and these slaues being set at libertie, in an in∣stant become Citisens, whereas straunger slaues be not so. Yet true it is that the en∣franchised slaues in Greece were not admitted to be Citisens, although that they were [ I] of the same countrie, and naturall subiects. For the request of Demosthenes the Ora∣tor, which he made vnto the people after the great ouerthrow at Cherronaea, That all the inhabitants of Athens, as well the enfranchised as others, might be accounted Citi∣sens; 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 al∣most 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 en∣franchised men, before dispersed amongst all the tribes, into foure tribes apart by [ K] themselues; to the intent that one and thirtie tribes of the free borne men and auntient Citisens, might stil with the number of voices preuaile: for they counted not in Rome their voices by the poll, as in auntient time they did at Athens, and now doe also at Venice; but by degrees and centuries, in the assemblies of their great estates; and by lines or tribes, in their lesse estates. And for that it so great a matter was without sediti∣on done by the onely wisedome of Fabius the Censor, he tooke the surname of Maxi∣mus (or of the Greatest:) in which doing he amended the errors of Appius the Censor▪* 1.8 who had dispersed the enfranchised and naturallised Citisens (the issue of slaues and

straungers) amongst all the tribes of the free borne men: yet afterwards (notwithstan∣ding [ A] the order taken by Fabius) it was granted vnto the Citisens enfranchised, that they might enroll one of their sonnes beeing fiue 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 ciuill warre betwixt Marius and Sylla, at which time the people at the motion of Pub. Sulpitius made a law, That the enfranchised Ci∣tisens should from that time forward be againe diuided 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 [ B] borne: the naturall Citisen, is he that is free of that wherein he is borne; whether he be borne but of one of his parents a Citisen, or of both of them Citisens. True it is that of* 1.9 auntient time (and yet at this present also in diuers Commonweals) to bee a Citisen it was needfull to haue both father and mother Citisens, as in Greece, otherwise they cal∣led them Bastards, or Mungrels, which were but Citisens on the one side, and could not themselues neither their children be partakers of the greatest benefits or offices in the Commonweale, which they called Archontes, as saith Demosthenes in his Oration against Neaera, albeit that many (as Themistocles himselfe) were thereinto secretly ente∣red. But in the time of Pericles fiue thousand of them were sold slaues, who had born* 1.10 the countenance of Citisens. And Pericles himselfe hauing lost his children that were [ C] right Citisens, made request vnto the people, That his sonne might be enrolled among the Citisens, which sonne he had begot at Athens of his wife being a straunger. Wee also read that the Romans made a Collonie of foure thousand Spaniards, whome the Romans had begot of Spanish women, for that they were not true Citisens. But after∣ward it tooke place that he should be a Citisen whose father was a citisen: and in many places it is sufficient for the making of a citisen, that his mother was a citisen. For the place maketh not the child of a straunger (man or woman) to be a citisen: and hee that was borne in Africk of two Roman citisens is no lesse a citisen, than if hee had bene borne in Rome. Now the made or naturallised citisen is he who hath submitted him∣selfe vnto the soueraigntie of another, and is so receiued into the number of citisens. [ D] * 1.11 For the citisen of honour onely, who for his merits towards the Commonweale, or of* 1.12 speciall fauour hath obtained the right and priueledge of a citisen, cannot of right bee called a citisen, for that hee hath not put himselfe vnder the power of of anothers commaund.

Wherfore of many citisens, be they naturals, or naturallised, or els slaues enfranchi∣sed (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 themselues in lawes, language, customes, religi∣ons, 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 [ E] * 1.13 the citisens be diuided in many villages, townes, or prouinces. For the enclosure of wals make not a citie, (as many haue written) no more than the wals of an house make a familie, which may consist of many slaues or children, although they bee farre distant one from another, or in diuers countries, prouided that they bee all subiect vnto the commaund of one head of the familie: So say we of a Citie, which may haue many townes and villages, which vse the same customes and fashions, as are the Bailiwicks, or Stewardships of this realme: And so the Commonweale may haue many cities and prouinces which may haue diuers customes, and yet are neuerthelesse subiect vnto the* 1.14

command of their soueraigne lords, and vnto their edicts and ordinances. And it may [ F] also be that euery towne and citie may haue certaine priuileges in particuler, which are not common vnto them of the suburbes; and the suburbs also may haue certaine pre∣rogatiues which are not common vnto the villages, nor to the inhabitants of the open countrie; who are yet neuerthelesse subiects of the same Commonweale, and citi∣sens of their citie; yet are they not for all that burgesses: for the word citisen hath I know not how a more speciall signification with vs, than hath the word Burgesse: and is properly the naturall subiect, who hath the right of a corporation, or colledge, or* 1.15 certaine other priueledges, which are not common also vnto the burgesses. I haue said the naturall subiect, for that the subiect naturallised although hee dwell in the towne, and enioy the right of a burgesse, is yet called in many places a burgesse: & the [ G] other is called a citisen, who enioyeth a certaine particular priueledge proper vnto free borne citisens. As in Paris there is none but naturall citisens, and borne in Paris, that can be Prouost of the marchants. And in Geneua a burgesse cannot be Syndic, or Se∣nator of the priuie counsell of xxv, which a citisen may well be: which is also vsed a∣mongst the Swissers, and all the townes of Germanie.

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 haue seene, which haue vsed these definitions, it is needfull by lawes and by examples to make plaine that which I haue before said, being otherwise of it selfe obscure. For we often∣times [ H] see great quarrels and controuersies to arise as well betwixt princes, as citisens of the same towne or citie amongst themselues. For not vnderstanding the difference of these words, yea they from whome wee ought to expect the true resolutions of these things, are themselues oftentimes farre wide, mistaking a citie for a towne, a Common∣weale for a citie, and straungers for citisens. But they which write of a Commonweale without knowledge of the law, and of the common right, are like vnto them which go about to build faire high houses, without any foundations at all. Aristotle hath defined* 1.16 vnto vs; A citie to be a multitude of citisens, hauing all things needfull for them to liue well and happily withall: making no difference betweene a Commonweale and a ci∣tie: saying also, That it is not a citie if all the citisens dwell not in one and the selfe same [ I] place: which is absurditie in matter of a Commonweale; as Iulius Caesar in his Com∣mentaries 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 La∣tines 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 haue offended against the law. Yea the doctors go farther, saying, That hee hath [ K] not done contrarie vnto the law, that hath transported the thing forbidden into any other citie or towne subiect vnto the same prince. And albeit that writers oftentimes confound both, taking sometimes the one for the other, as the greeks oftentimes vse the word 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, and the Latines the word Ciuitas for a towne, a citie, or the right of citisens, for that the generall which is the citie, comprehendeth in it the particular, which is the town: yet so it is, that they abused not the word 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, as we see that Cicero hath well kept the proprietie both of the one and of the other: for the word* 1.17 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉 signifieth properly a towne, wherof came the word astuti, which with the Greeks

signifieth as much as doth with the Latines Vrbani, for that the inhabitants of townes [ A] are commonly in their behauiour more ciuill and gratious, than are the pesants or rude countrey men: for the word Ciuilis, which we call ciuill, was not of the auntient La∣tines 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 nece∣cessarie to liue withal, & yet for all that be no citie, if it haue not laws and magistrats for to establish therin a right gouernment (as we haue 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, [ B] and well ruled also with lawes and magistrats; and yet neuerthelesse shall it not bee a Commonwealth: as we see the townes and cities subiect vnto the seignorie of Ve∣nice, which are no Commonweals no more than the townes in the prouinces subiect and tributarie vnto the citie of Rome were of auntient time no Commonweals, nei∣ther enioyed the right or priuiledge of Commonweals; but the citie of Rome it selfe onely, which had great priueledges and prerogatiues against them all in generall, and against euery one of them in particuler: albeit that the lawes speaking, of the other townes, doe oftentimes vse this word (Citie) but that also vnproperly, for Traian the emperour writing to Plinie the yonger, Proconsul of Asia, denieth the citie of the Bi∣thynians to haue the right of a Commonweale, in being preferred before other priuat [ C] creditos in the right of a pledge, and that truely. For why? that was proper vnto the citie of Rome, and to them to whome they had especially giuen this prerogatiue, as was onely the citie of Antioch in all the Roman Empire. So wee see that a towne* 1.18 may be without a citie, and a citie without a towne, and neither the one nor the other of necessitie a Commonweale: and that more is, one and the same citie may still bee kept in the whole and entire state of a citie, the wals thereof being laid flat with the ground, or it quite abandoned by the citisens; as did the Athenians at the comming of the Persian king, vnto whome they left their towne, putting all themselues vpon the sea, after they had put their wiues and children in safetie amongst the Trezenians; fol∣lowing therein the counsell of the Oracle, which had aunswered them, That their citie [ D] could not be saued but by woodden wals: which Themistocles interpreted, That the citie (which consisteth in the lawfull bodie of citisens) could not be saued but by ships. In like manner it happened also vnto the inhabitants of Megalopolis, who vnderstan∣ding 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 vnto Caesar, said thus, Non est in parietibus respublica, The Commonweale is not in the wals. But for∣asmuch as it had in it two sorts of partakers, and that the citisens diuided into two parts [ E] had put themselues vnder the protection of two diuers heads, they now seeme of one Commonweale to haue made two. Wherfore by these words Citie, Towne, Com∣monweale, Colledge, Court, Parish, Familie, are signified the right of these things. And as oftentimes it hath bene iudged that the church being without the wals of the citie, and the parishioners within the citie, that they should enioy the right of citisens, as if the parish were within the compasse of the wals: so also is it to bee iudged of a citie. Neither let it seeme vnto any man straunge, that I stand something the longer vppon this matter; if he but remember what importance the lacke of knowledge of these

things was long ago vnto the Carthaginensians. For at such time as question was [ F] made in the Senat of Rome, for the rasing of Carthage: the report thereof being brui∣ted abroad, the Carthaginensians sent their ambassadors to Rome, to yeeld themselues vnto the mercie of the Romans, and to request the Senat not vnworthily to rase that their citie one of the fairest of the world, famous for the noble acts therof, an ornament of Rome it selfe, and a monument of their most glorious victories. Neuerthelesse the matter being long and throughly debated in the Senat, it was at last resolued vpon, That for the safetie of the Roman empire Carthage should bee destroied, as well for the oportunitie of the place, as for the naturall persidiousnesse of the Carthaginensians themselues, who had now alreadie made warre vpon the allies of the Romans, rigged vp a number of ships contrarie to the agreement of peace, and secretly stirred vp their [ G] neighbour people vnto rebellion. The matter thus resolued vpon, the Carthaginensi∣an ambassadors were sent for into the Senat, vnto whome aunswere was giuen by the Consull, That they should continue in their faith and fidelitie vnto the Senat and the people of Rome, and in pawne thereof to deliuer vnto the people of Rome three hundred hostages and their ships: in which doing they should haue their citie safe, with all their rights, priueledges and liberties, that euer before they had enioyed. With this answere the ambassadors returned merily home. But by and by after commission* 1.19 was giuen vnto Scipio Africanus the yonger, To go in all hast with a fleet to Car∣thage, 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 [ H] armie, sent Censorinus his lieutenant to Carthage, who after he had receiued the promi∣sed 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 vnto 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 vnto them by the Senat should in all points be kept; but yet that the ci∣tie was not tied vnto the place, neither vnto the wals of Carthage. So the poore inha∣bitants were constrained to depart and abandon the towne vnto the fire, which was [ I] set vpon it by the Romans, who had not had it so good cheape, had the ambassadors before vnderstood the difference betweene a towne and a citie. As oftentimes it chan∣ceth that many embassadors ignorant of the law of armes, and of that which right is, do euen in matters of state commit many grosse faults. Although that Modestinus writeth, That Carthage was no more a citie after it was rased, and that the vse and pro∣fit left vnto 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, vnto whome all their rights, prerogatiues, and priueledges were reserued. The like errour was committed in the agreement made betwixt the Cantons of Berne and Friburg, in the yeare 1505, wherein it was agreed, That the amitie and alliance betwixt those two [ K] Commonweals should be for euer, and so long to endure as the wals of both the cities should stand. Neither are we to stay vpon the abuse which is ordinarily committed, or vpon the acts of greatest importance of them, which call one and the same thing a towne, a citie, and an vniuersitie: as some say of Paris, and certaine other places, calling that the citie which is contained in the Isle, and the vniuersitie the place wherein the colledges stand, and all the rest the towne, when as the towne it selfe is contained with∣in the compasse of the wals and suburbs: howbeit that wee herein follow not the pro∣prietie of the law, calling it the towne and suburbs, for the diuers priuiledges graunted

vnto them by diuers kings; and the vniuersitie the bodie of all the burgesses of Paris [ A] together: but the citie the coniunction or ioyning together of the towne it selfe and the liberties, as also of the men vsing the same lawes and customes, that is to say the coniunction of the prouostship and of the countie of Paris together: which abuse is growne, for that of auntient time all the towne was not but the isle inuironed with wals, and the riuer about the wals, so as we read in the Epistle of Iulian, gouernour of the West empire, who made his ordinarie residence in Paris; the rest of the citie that now is being then in gardens and arable land.

But the fault is much more, to say, That he is not a citisen, which is not partaker of the offices of gouernment, of giuing of voices in the consultations of the people, whe∣ther* 1.20 it be in matters of iudgement, or affaires of the state. This is the definition of a ci∣tisen, [ B] which Aristotle hath left vnto vs by writing, which he afterward correcting him∣self,* 1.21 sayeth it not to haue place put in the popular state only. Now he in another place himselfe confesseth that definition not to be good which is not generall. Small appa∣rance also is there in that he saith in another place, The noble to be more a citisen than the base, and the inhabitant of the towne rather than the plaine country peasant; and that as for the yong citisens, they as yet but grow as nouices, whilest the elder citisens decay; and that they of the middle age are the entire citisens, and the other but in part. Now the nature of a definition neuer receiueth diuision; neitheir containeth in it any thing more or lesse than is in the thing defined. And yet neuerthelesse that description of a citisen that Aristotle hath giuen vnto vs, is defectiue and lame, not being aptly to be [ C] applied euen vnto the popular estate, seeing that in the Athenian estate it selfe which had no peere for the libertie and authoritie of the people, the fourth ranke or degree of citisens being more than three times as great as all the rest of the people, had no part in the offices of gouernment, or in iudgements. So that if we will receiue the definition of Aristotle, we must needs confesse, that the greater part of the naturall bur∣gesses 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) haue no part in the offices of state and go∣uernment. [ D]

Wherefore it is better and more truly said of Plutarch, That they are to bee called* 1.22 citisens that enioy the rights and priueledges of a citie. Which is to be vnderstood ac∣cording to the condition and qualitie of euerie one; the nobles as nobles, the commo∣nets as commoners; the women and children in like case, according vnto the age, sex, condition, and deserts of euery one of them. For should the members of mans bodie complaine of their estate? Should the foot say to the eye, Why am not I set aloft in the highest place of the bodie? or is the foot therefore not to be accounted amongst the members of the bodie? Now if Aristotles definition of a citisen should take place, how many seditions, how many ciuill warres, what slaughters of citisens would arise [ E] euen in the middest of cities? Truly the people of Rome, for no other cause departed from the Senators, than for that they enioyed not the same authoritie and priueledges that the nobilitie did; neither could it otherwise be appeased than by the meane of the fable of the members of mans bodie, whereby the graue and wise Senator Agrippae reconciled the people vnto the Senators. For Romulus the founder of the citie of Rome, excluded the people from the great offices of commaund, from the offices of priesthood, and from the augureships; commaunding the same to be bestowed vpon such onely as were descended from them whome he himselfe had chosen into the Se∣nat,

or els from them whome he had afterwards ioyned vnto them. And this new [ F] people hauing vanquished their neighbours, enforced many of them to abandon their owne countrey and customes, to become inhabitants and citisens of Rome, as they did the Sabines. Afterwards hauing vanquished the Tusculans, the Volscians, and Herniques, they agreed together that the vanquished should haue part in their offices, and voices also in the assemblies of their estates, without any other chaunge either in their law or customes; who for that cause were not called citisens, but municipes (as who should say, Men made partakers of their immunities) yet indeed lesse esteemed and honoured than the Romans themselues, albeit that their estate were vnited vnto that of the Romans. As we see that Cateline descended of the auntient familie of the Sergians in Rome, and so a naturall Roman, by way of disgrace obiected to M. [ G] Tullius Cicero, That he was but a new vpstart of Arpinas. And that was the cause that many municipiall townes chose rather to vse the Roman lawes than their owne, to become true citisens of Rome, vntil the time of Tiberius the emperor, who vtterly took away the verie shadow of the popular libertie which Augustus the emperour had yet left; hauing remoued the popular assemblies from the people vnto 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 [ H] * 1.23 citisen, and the municipiall or countrey citisen. Now the third sort were the Latines, who had at the beginning threescore townes, but were afterward augmented with twelue Latine Colonies, who after long warres made peace with the Romans vppon condition, That they should liue after their own maners and customes, and yet should be made citisens of Rome, whosoeuer of them should remoue his dwelling into the citie, hauing yet left behind him some lawfull issue at home in the countrey. Yet when many of them fraudulently abused this agreement, & gaue their children vnto the citi∣sens of Rome in adoption, or vnder the colour of seruitude, to the intent that by them forthwith againe set at libertie, they might in a moment enioy the liberties and priue∣leges of the citie; order was taken by the law Claudia, confirmed by a decree of the [ I] Senat, and edict of the Consuls, That all the Latines which had so by craft obtained the freedome of the citie, should be constrained againe to returne into the Latine cities: which thing was done at the request of the Latine cities themselues. And so is that to be vnderstood that Boetius writeth, The Romans sent into the Latin Colonies, to haue lost the liberties of the citie: as also that which Titus Liuius saith, The Roman Colo∣nies sent to Puteoli and Salerne by the decree of the Senat, to haue bene no more citi∣sens: 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 per∣mitted [ K] vnto them to haue states and honourable offices in Rome. And those of Au∣tun were the first that had the priueledge to bee Senators of Rome, and therefore called themselues Brethren vnto the Romans: howbeit that the Auuergnats tooke vnto them the same priueledge & title, as descended from the Troians (as saith Lucan.) Now it is not to be doubted, but that that the Roman Colonies were true and natural citisens of Rome, drawne out of the Roman blood, vsing the same lawes, magistrats, and customes; the true markes of a true citisen. But the further that these Colonies were distant from the citie of Rome, the lesse they felt of the glorie and brightnesse of

the sunne, and of the honours and offices which were diuided among the citisens and [ A] inhabitants of Rome: insomuch that the inhabitants of the Roman Colonies at Lyon, Vienne, and Narbone, thought themselues verie happie to haue gained but the priueledges of the Italians, who were of auntient time the allies and confederats of the Romans, enioying the honourable freedome of citisens, and yet without chaunging either of their owne lawes or customes, or loosing any point of their liberties. And forasmuch as the Romans, holpen by the strength & power of their friends and allies, had subdued diuers other nations, and yet suffered not those their friends and compa∣nions* 1.24 to be admitted to sue for the honours and honourable offices in the citie; there∣of rise the confederats warre in all Italie against the Romans, which neuer tooke end vntill that after much harme on both sides both done and receiued, the libertie of the [ B] citie of Rome was by the law Iulia graunted vnto * 1.25 all Italians, some few onely excep∣ted. For the cities of Italie were called some Colonies, some Allies, some of them of the Latines, and some of the Italian iurisdiction, and all of them different. And that is it for which Titus Liuius saith, I am inde morem Romanis Colendi socios, ex quibus alios in* 1.26 ciuitatem, at que aequum ius accepissent: alios in ea fortuna haberent, vt socij esse quam ci∣ues 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 themselues: othersome they had in that estate, as that they had rather to haue them their fellowes, than citisens with them. And hereof proceeded that speech of Tiberi∣us the emperour, in the Oration which he had in the Senat, which is yet seene engra∣uen [ C] in brasse in Lyon. Quidergo? Num Italicus Senator prouinciali potior est? What then? Is an Italian Senator better than the prouinciall Senator? As if he would haue said them both to haue 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 Pli∣nie writeth, Spaine to haue 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 vnto 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 Lati∣nos [ D] ferre solitos esse, quam id, quod perrarò accidit, a Consulibus iuberi ex vrbe exire. viz. The Latines vsed 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 haue oftentimes bene driuen out of the citie. In briefe, such was the varietie of priueledges and prerogatiues amongst them which were con∣tained within the Roman empire, besides their confederat and free people, as that al∣most no one thing was so proper vnto the Roman citisens in generall, as that the ma∣gistrats and gouernours might not proceed in iudgement against them in matters con∣cerning* 1.27 their life and libertie, without the peoples leaue. Which prerogatiue was by the tribunitiall law Iunia graunted to all the citisens of Rome, after that the people had [ E] expulsed their kings, and was called, The holy Law, being oftentimes after reuiued and confirmed by the Valerian Consull laws, at diuers times made by the Consuls Publius, Marcus, and Lucius, of the honourable familie of the Valerians: and last of all by the Tribunitiall law Sempronia, and Portia, where to meet with the proceedings of the magistrats and gouernours, who encroached vpon the iurisdiction of the people, and proceeded oftentimes against the people, without yeelding thereunto, there was the penaltie of treason annexed vnto the law; for that those lawes were oftentimes bro∣ken by the magistrats. And at such time as Cicero was about to haue commaunded

the Roman citisens priuie to the conspiracie of Cateline to be strangled in prison: Cae∣sar [ F] desiring to dissuade the matter in the Senat, said, Our auncestors imitating the ma∣ner of the Grecians, did punish and correct their citisens with stripes; and of men con∣demned tooke the extreamest punishment: but after that the Commonwealth was growne strong, the law Portia and other lawes were prouided, whereby for men con∣demned 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 af∣ter [ G] that the popular state was chaunged. And that is it for which Plinie the younger, Proconsull of Asia, writing to Traian the emperour, concerning the assemblies made by the Christians in the night, to the disquiet of his iurisdiction: I haue (saith he) many in prison, amongst whome there are certaine citisens of Rome, whom I haue put apart for to send them vnto Rome. And S. Paul at such time as he was drawne into questi∣on, 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 vnto 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 pro∣ceed [ H] any further in the matter; and sent him to Rome, saying, This man might haue bene set at libertie, if he had not appealed vnto Caesar. Whereas otherwise if hee had not bene a citisen of Rome, the gouernour would haue 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 haue bene willing to haue deliuered out of the hands of his enemies, and from all pu∣nishment, if he could well in so doing haue auoided high treason, which the people threatned him with: Which the gouernour fearing, least he should seeme to haue any thing therein offended, sent the whole processe of the matter vnto Tiberius the empe∣rour [ I] (as saith Tertullian.) For if the municipiall magistrats of the Iewes had had soue∣raigne power and iurisdiction, they would not haue sent him back againe vnto the go∣uernour, 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 vnto poore orphans: but in criminall causes, had no power or authori∣tie, neither ouer the citisen of Rome, neither ouer the straunger or prouinciall subiect, or ouer others that were enfranchised; but onely ouer their flaues, whome they might at the vttermost but with stripes correct. For as for the iurisdiction giuen to them that [ K] had the defence of townes, they were established by Valentinian three hundred and fif∣tie yeares after. Whereby it is to be gathered, all power and authoritie for the execu∣tion of iustice to haue 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 haue made conscience to con∣demne to death our Sauiour Christ Iesus, as if by their religion they had bene hindred so to do; and hereupon haue concluded, That churchmen ought not to giue iudge∣ment that carried with it the execution of blood: which proceeded of the igno∣rance

of fantiquitie: For it is euident that before the land of Palestine was brought in∣to [ A] the forme of a prouince, it had but the Senat of the Iewes, consisting of 71 persons, composed in part of priests and Leuites, who had the power of condemning offendors to death, as the Chaldean interpretor plainly sheweth, and the Hebrew Pandects more plainely than he.

Wherefore this was the greatest and chiefest priueledge proper to the citisens of* 1.28 Rome, That they could not by the magistrats be punished either with death or exile, but that they might still from them appeale; which libertie all the citisens of Rome enioyed. The other Roman subiects which had not this priueledge, were not called citisens: yet thereof it followeth not, that to speake properly they were not indeed citi∣sens, and according to the true signification of a citisen: for they must needes be citi∣sens, [ B] or straungers, allies, or enemies, seeing that they were not slaues; for so much as they were contained within the bounds of the Roman empire. But we cannot say that they were allies, for that onely free people which defended the maiestie of their estate, were called the fellowes or allies of the Romans: neither could it bee said that they were enemies or straungers, seeing that they were obedient subiects, and that more is, paid tribute vnto the Roman empire: wee must then conclude that they were citisens; for it were a verie absurd thing to say, That the naturall subiect in his owne countrey, and vnder the obeysance of his soueraigne prince, were a straunger. And that is it for which we haue said, That the citisen is a franke subiect, holding of the soueraigntie of another man. But the prerogatiues and priueledges that some haue more than others, [ C] maketh vs to call some of them citisens, and others tributaries. Yet we read that the emperour Augustus was so iealous of these priueledges, that hee would neuer giue the right of a Roman citisen vnto 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: nei∣ther liked he well of it, that his vncle Caesar had together & at once giuen the freedome of the citie, vnto 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 mo∣ney sold the freedome of the citie vnto the Sicilians. Neuerthelesse the succeeding princes kept not with so great deuotion the rights and priueledges of the Roman citi∣sens. Antonius Pius by a generall edict gaue the freedome of the citie of Rome vnto [ D] all the citisens of the Roman empire (slaues alwaies excepted) that so the citie of Rome might be the commmon countrey of all nations. Wherein hee seemed in a sort to imitat the example of * 1.29 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 immuni∣ties of the citie seemed so to be communicated vnto all, yet were the priueledges of ci∣tisens 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 Antoni∣nus* 1.30 Pius, but also in the edicts of other princes. For Seuerus more than fiftie yeres af∣ter Antoninus was the first that gaue the priueledge to them of Alexandria, that they [ E] might be made Senators of Rome: but the other Aegyptians could not be made citi∣sens of Rome, except they had before obtained the freedome of the citie of Alexan∣dria. Which well sheweth, that the greatnesse of the priueledges make not the subiect therefore the more or lesse a citisen. For there is no Commonwealth where the citi∣sen hath so great freedome, but that he is also subiect vnto some charge: as also the no∣bilitie, although with vs exempted from taxes and tallages, are yet bound to take vp armes for the defence of the Commonweale and others: and that vpon paine of their goods, their blood, and life. For otherwise if the largenesse of prerogatiues and priuile∣ges

should make a citisen, then verely straungers and allies were to bee called citisens, [ F] seeing that oftentimes greater and larger priueledges are giuen vnto strangers or allies, than to citisens themselues: For why? the freedome of the citie is oftentimes for an honour giuen vnto straungers, who yet for all that are bound vnto no commaund or necessarie duties. As the Swissars gaue the freedome of their citie first to Lewes the ele∣uenth,* 1.31 and so afterwards vnto the rest of the French kings. So Artaxerxes king of Persia, gaue the freedome of the citie vnto 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 vnto all them of the Rhodes the freedome of their citie: and the Rhodians with like courtesie vpon the agreement of the league, made all the [ G] Athenians citisens of their citie, as we read in Liuie: which league was called, The treatise of Comburgeosie. What manner of league that was made betwixt the Valesi∣ans, and the fiue 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 vnto 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 enfran∣chising. But the freedome of any citie giuen for honour sake vnto any, bindeth no [ H] man vnto the commaund thereof; but him which forsaketh the dwelling place of his natiuitie or citie, that so he may come into the power of another prince: For neither were those kings whom we haue spoken of; neither Hercules, or Alexander the Great, when they were made honourable citisens of the Corinthians, subiect or bound vnto their commaunds; in such sort as that the right of a free citisen was vnto 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 citi∣sen, 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 vnto strangers. [ I]

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 dissi∣militude of cities must also needs haue 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, Euery 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 vnto all other people, that euerie man might be a citisen of many [ K] cities: with which errour (saith he) I my selfe haue seene many of our citisens, igno∣rant men, led; to haue at Athens bene in the number of the judges, and of the Areopa∣gi, in certaine tribe, and certaine number, when as they were yet ignorant whether they had obtained the libertie of that citie; and to haue lost this, except they had by the law made for the recouerie of things lost, againe recouered the same. Thus much hee.

But first to that which he writeth concerning the Athenians; that law of Solons was long before abolished, which admitted not a straunger to the freedome of a citisen

of Athens, except he were banished out of his owne countrey: at which law Plutarch [ A] wondreth aboue measure; not foreseeing that to haue bene done of Solon, to the end (as it is like) That no man should enioy the immunitie and priueleges of a citisen of Athens, and that popular prerogatiue which the people had, except he were bound vn∣to the commaund and lawes of the Athenians. But he which is against his will detai∣ned vnder the commaund of a straunge citie, hath without doubt lost the right of his owne citie: which can in no wise be applied vnto those kings whome wee haue before spoken of, or yet to the Rhodians which had ordained the freedome of the Atheni∣ans. 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 [ B] be bound vnto the commaund of another citie. As Pomponius Atticus borne in the citie of Rome, being a Roman citisen, and of the honourable order of the knights, who for his loue towards the Athenians, was thereof called Atticus (and vnto 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 haue lost the freedome of the citie of Rome: which is true in regard of the true subiects and citisens; but not in the citisens of honour, which are not indeed subiects: neither in respect of them which are citisens of diuers cities, vnder the power of one and the same prince, a thing lawfull vnto 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 [ C] diuers soueraigne princes, but by the mutuall consent of the princes; because that these are vnder no mans commaund, as are they vnto whome seruice is by turne done by slaues, who may by the magistrats be enforced to sell their slaue, except the seruile la∣bours, which cannot at once be done to them all, be by turnes done by the slaue. And this is the point for which we oftentimes see warres betwixt neighbour princes, for the subiects of their frontiers, who not well knowing whome to obey, submit themselues sometimes to the one and sometimes to the other: and oftentimes exempting them∣selues from the obeisance of both two, are ordinarily inuaded and preyed vpon by both the one and the other. As the countrey of Walachie hauing exempted it self from the obeisance of the Polonians, hath become subiect vnto the Turks; and afterwards sub∣mitting [ D] it selfe vnto the kings of Polonia, paied tribute neuerthelesse vnto the Turke, as I haue learned by the letters of Stanislaus Rasdrazetoski sent to the c•…•…nstable of France, bearing date the 17 of August 1553. Neuerthelesse there are many people vpon the frontiers, which haue set themselues at libertie, during the quarrels of princes, as it is come to passe in the low countrey of Leige, of Lorraine, & of Burgundie: where there are more than twelue subiects of the French king, or of the empire, or of Spaine, who haue taken vpon them the soueraigntie. Amongst whome Charles the fist reckoned the duke of Bouillon, whome he called his vassall: and for that he was his prisoner in the yeare 1556, at the treatie made for the deliuerance of prisoners, hee demaunded an hundred thousand pound for ransome; for that he called himselfe a soueraigne prince. [ E] But there are well also others beside the duke of Bouillon: & to go no further than the marchesse of Burgundie (which is called, The forbidden countrey) six princes haue so∣ueraigne power ouer their subiects, which the mutual wars betwixt the French and the Burgundians haue by long prescription of time brought forth. And in the borders of Lorraine, the counties of Lume & of Aspremont haue taken vpon them the right and authoritie of soueraigntie. Which hath also happened vpon the borders of England and Scotland, where some particular men haue made themselues great commaunders within this twenty or thirty yeres, against the antient agreements. For, for to meet with

such enterprises, the English and the Scots had of auntient time agreed, That the [ F] Batable ground, (that is to say a certaine part of the countrey so called, vpon the fron∣tiers of both realmes, being fiue miles long, and two miles broad) should neither be til∣led, built, or dwelt vpon; howbeit that it was lawfull for both people there to feed their cattell: with charge that if after the sunne setting, or before the sunne rising, any of their beasts were there found, they should be his that so found them: which was one of the articles agreed vpon by the states of Scotland, in the yere 1550, and sent to Hen∣rie 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 territo∣ries which belong in common to all the lords of the league, whither they send their of∣ficers euerie Canton by turne: there the subiects are not reputed to bee the subiects of [ G] diuers soueraignes, but of one onely, which commaundeth in his order; in such sort as that one of them seeke not to encroach vpon the others. Whereof rise a sedition betweene the seuen Cantons Catholick, and the foure Protestants, in the yeare 1554, the Catholicks desiting to chastice the inhabitants of Lugan and Louerts, who had se∣perated them from the church Catholike: and the Protestants hindring them so to do, and were now vpon the point to haue taken vp armes the one against the other, if the Cantons of Glaris, and Appenzell, who allow of both religions, had not together with the ambassadour of the French king, interposed themselues, and so pacified the matter. Now therefore the full and entire citisen or subiect of a soueraigne prince, can bee no more but a citisen of honour of another seignorie. For so when as we read that king [ H] Edward the first gaue the freedome of citisens vnto 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 themselues by their treaties of alliance, Equall, and by their letters Combourgeses. For as for that which Cicero saith, That the citisens of Rome might* 1.32 at their pleasure leaue their freedome of citisens, to become citisens of another citie: nothing was vnto them therein more lawfull, than that was in like case vnto all other people lawfull also: and that especiallie in a popular estate, where euerie citisen is in a manner partaker of the maiestie of the state, and doe not easily admit strangers vnto the freedome of citisens. As in Athens, where to make a straunger free of their citie, [ I] there must of necessitie 6000 citisens, by their voices in secret giuen consent therunto. But in such places and countries as wherein tyrants rule, or which for the barrennesse* 1.33 of the soile, or intemperature of the ayre are forsaken by the inhabitants; not onely the citisens, but euen the strangers also are oftentimes by the princes of such places prohi∣bited to depart, as in Moscouia, Tartaria, and Aethiopia; and that so much the more, if they perceiue the stranger to be ingenious and of a good spirit, whome they detaine by good deserts, or els by force, if he would depart: in stead whereof hee must buy it deare, or right well deserue of the Commonweale, that shall get his freedome of a citi∣sen amongst the Venetians or Ragusians, or such other free states. And although that by the Roman law euerie man might giue vp his freedome; and that in Spaine it is [ K] free for euery man to remoue elswhere, and to be enrolled into another citie, so that it be done by protestation to the prince: yet hath it and shall bee alwayes lawfull to all princes and cities, by the right of their maiestie and power to keepe their citisens at home. And therefore princes in making of their leagues, protest that they will not re∣ceiue any the subiects or vassals of their confederats into their protection, freedome, or priueleges, without their expresse consent. Which is conformable vnto the auntient clause of the Gaditane confederation reported by * 1.34 Cicero: Ne quis faederatorum a po∣pulo Romano ciuis reciperetur, nisi is populus fundus factus esset; id est auctor. viz. That

none of the confederats▪ should of the people of Rome be receiued for a citisen, except [ A] that people so confederat had bene the ground, (that is to say, the author thereof.) For therein lieth the state of that cause: for that Cornelius Balbus was a citisen of a confede∣rat 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 haue 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 & frend∣ship: yet neuerthelesse is the same clause conceiued in that league, which was with them made in the yeare 1520. And againe at such time as the fiue lesser Cantons of the Swissers made a league of alliance and amitie amongst themselues, it was excepted [ B] that no citisens of the confederats should be receiued; or if they should desire the free∣dome of another citie, they should not otherwise obtaine it, except they would dwell* 1.35 in the countrey, their land and goods remaining as before. And besides these leagues, there is no prince which hath not taken the like order. So that oftentimes the subiect dare not so much as to depart out of the countrey without leaue, as in England, Scot∣land, Denmarke, and Sweden, the noble men dare not to goe out of their countrey without leaue of the prince, except they would therefore loose their goods: which is also obserued in the realme of Naples, by the custome of the countrey. As also it was forbidden by the emperour Augustus to all Senators to goe out of Italie without his leaue, which was alwaies right straitly looked vnto. And by the ordinances of Spaine [ C] it is forbidden the Spaniards to passe ouer into the West Indies, without the leaue of the king of Spaine: which was also of auntient time forbidden in Carthage, when Han∣no their great captaine had first discouered the islands of the Hesperides. And by the* 1.36 decrees of Milan, it is not lawfull for any subiect to receiue the freedome of any other citie; or to enter into alliance or league with any other princes or Commonweales, without the expresse leaue of the Senat of Milan. And that more is, we see oftentimes that it is not permitted vnto the subiect, so much as to change his dwelling place, albeit that he depart not out of the seignorie and obeysance of his soueraigne prince: as in the dutchie of Milan, the subiect comming to dwell in the citie of Milan, or within a certaine circuit of Milan, must first haue leaue so to doe; and also pay vnto his prince [ D] three duckets. We also find that it was in auntient time forbidden the Bithynians (subiects vnto the Romans) to receiue any other subiects into their towne, or to giue vnto them the freedome of a citisen, as they oft times did, to decline the iurisdiction of others, or to ease them of paying of customes and tributes due: in which case the law commaundeth, That he which hath so chaunged his dwelling should beare the charges of both places; which was also decreed by the kings, Philip the faire, Iohn, Charles the fift, and Charles the seuenth. Howbeit that the decree of Philip the long would, That the Prouost or bailiefe of the place, assisted with three burgesses, should receiue into the freedome of their citie, whosoeuer of the kings subiects as would, pro∣uided, That within a yeare and a day he should in the same citie into which hee remo∣ued, [ E] buy an house of the price of 60 soulz Paris at the least; and to signifie the same by a sergeant, vnto the lord vnto whome the iurisdiction of the place wherein he dwelled belonged; and after that, that he should dwell in the same citie whereinto he was recei∣ued for a citisen, from the first of Nouember, vnto the 24 of Iune; and yet paying the like tax or tribute that he did before he remoued, so long as hee dwelleth in that new freedome; and without declining the iurisdiction for any suit commenced against him three months before.

And albeit that it be lawfull for euerie subiect to chaunge the place of his dwelling,

yet is it lawfull for no man to forsake his natiue countrie; and much lesse for them [ F] * 1.37 which are enrolled and tied to the soyle, whome we call Mort-maines, who of aunti∣ent time might not chaunge their dwelling place without speciall leaue. And so gene∣rally a man may say in tearmes of right, That the freedome of a citisen is not lost, nei∣ther the power of a prince ouer his subiect, for chaunging of the place or countrey; no more than the vassall can exempt himselfe from the faith and obedience hee oweth vnto his lord; or the lord without iust cause refuse to protect and defend his vassall, without the consent of one to the other, the bond betwixt them being mutuall & reci∣procall. But if the one or the other haue giuen their expresse or secret consent; or that the subiect forsaking his prince, hath yeelded himselfe vnto the protection of another prince, by the sufferance of the first, without contradiction, he is no more bound vnto [ G] the obeisance that he oweth him: neither can otherwise than as a stranger afterwards returne into the former citie. For princes oftentimes by large gifts or priueleges draw* 1.38 into their countries ingenious straungers; whether it be so to weaken their neighbour princes, or for the better instruction of their owne people, or so to encrease their wealth and power, or els for their immortall fame and glorie which they hope to get in ma∣king the towns and cities by them built, more renowned with the multitude of citisens and plentie of all things. So Theseus by proposing the libertie of the citie to all stran∣gers, 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 tra∣ded [ H] of all the cities of Aegypt. So king Lewes the eleuenth gaue the priueleges of the citie of Burdeaux to all straungers whether they were friends or enemies (except the English) so that they dwelt within the towne. So Frauncis the Great, founder of the ci∣tie 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 pro∣posed vnto straungers all the immunities graunted vnto 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: [ I] a thing well agreeing with the Roman lawes. True it is that more or lesse time is re∣quired in one place then in another, according to the commodiousnesse of the place, or the greatnesse of the priueleges. As in Venice to obtaine the grant and priueledges of a simple citisen (without hauing any other interest in the state, except in certain meane offices) a man must haue dwelt foureteene yeares within the citie. They of Ferrara were content with ten yeares, so that the inhabitants had all the meane while borne the same burthen with the citisens. And yet it sufficeth not to haue dwelt in another mans countrey the time prefined in the customes, to obtaine the freedome of a citisen; if the* 1.39 straunger do not demaund the citisens right and freedome, and be thereinto also recei∣ued: for it may bee that the straunger would not for any thing chaunge his prince, [ K] howbeit that his affaires hold him out of his owne countrey. For howbeit that ma∣ny be of opinion, that a man hauing staid the prefixed time in another mans countrey, without hauing obtained letters of naturalising, is yet capable of testamentary legacies: they in that agree in fauour of testaments, and especially of charitable legacies giuen vnto poore straungers, who are alwaies as much to be fauoured as the widdowes and orphans. But to obtaine the full right and priueledge of a citisen, it sufficeth not to haue dwelt the time appointed by the decrees and ordinances of the place, if a man haue not both demaunded and obtained the same. For as a gift is to no purpose, except

that both he which giueth, and he to whome it is giuen agree, the one in giuing and the [ A] other in receiuing: so neither is he made a citisen that would not; neither if he would could he so be, either of the princes interposing themselues. For which cause those Consuls, of whome the one was by an he•…•…ald at armes yeelded vnto the Numantines; and the other to the Samnites, for that they had without the commaundement of the people made peace with the enemies▪ left not therefore to bee citisens of Rome: be∣cause they were not receiued by the enemies. Which question for all that could not yet be fully decided, for the different opinions of Brutus & Scaeuöla betwixt themselues. 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 [ B] Rome, being refused by the enemie: howbeit that in truth he was not onely depriued of the right of a citisen, but also made a slaue of the enemies, by the decree of the peo∣ple, for hauing without their leaue capitulated and treated of peace with the enemies: and ought to haue bene againe restored by the people. Neuerthelesse the milder opi∣nion of the Senat interpreted that the depriuing of him of his freedome was conditio∣nall, as in case that he were of the enemie receiued. But if so be that a straunger doth enen against his will retaine the rights of his owne citie, when as hee yeelded himselfe vnto the power of another prince, by whom he is refused: much more doth he retaine the same when he requireth not the right of a straunge citie: and then when it hath bene offered him, hath refused the same: and much lesse if he haue not bene presented [ C] vnto the strange prince, neither hath of him required letters of his naturalising, but one∣ly to stay in his countrey as a straunger the time prefixed by the decrees. Whereby is decided the difficultie and doubt which the Senat of Naples made, and therin resolued nothing; that is to wit, If he that had dwelt all his life in a strange countrey should en∣ioy the right and freedome of a citisen in his owne countrey. And many there be, that thinke he ought not to enioy the same; saying, That regard is to be had to the place of his long dwelling: but I am of opinion (if mine opinion may take place) That hee ought neuerthelesse to enioy the priueledge of a free citisen, if he haue not by consent of his prince expresly renounced it, or els done some fact contrarie to the dutie of a na∣turall subiect. Neither am I alone of this opinion. For the the court of parliament of [ D] Paris, by decree made the xiiij of Iune, in the yeare 1554 adiudged that a French man hauing dwelt fiftie yeares in Venice, continued yet still subiect to the French king, and was receiued vnto the succession of his next kinsmen: hee hauing in the meane time done no harme against his countrey, neither committed any crime for which he ought to loose his libertie, neither hauing refused to come being called home by his prince; nor yet requested the freedome of the citie of Venice to haue bene giuen him. For as for secret consent it ought to hurt no man, being esteemed as no consent in things pre∣iudiciall, except it be by word or deed plainly expressed: especially when wee may otherwise interpret the mind of him that hath not declared the same. Whereby it is to be vnderstood what is to be iudged of the question propounded: which the court of [ E] Burdeaux all the judges being assembled together could not determine. As whether a Spaniard borne and brought vp in Spaine, and yet the sonne of a French man (which French man had alwaies dwelt in Spaine, & expresly renounced the place of his birth) being come into Fraunce there to make his perpetuall residence, ought to enioy the priueleges of a citisen, without letters of his naturalizing? Neuerthelesse I am of opi∣nion that he is a straunger, for the reasons before alleged, and that he ought not to en∣ioy the priuelege of a citisen; sauing vnto the prince to reforme it if it shall so seeme good vnto him. And if a straunger which hath obtained letters of his naturalising out

of his owne countrey, and yet will not there dwell, he looseth the right he there preten∣deth: [ F] for that the lawes suffer not a double fiction. And for this cause Lewes the xij. the French king thrust out from the right of free citisens all straungers, who had obtai∣ned 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 let∣ters to that purpose, and hauing obtained them, pay his fine vnto maisters of the re∣ceipt.

These reasons show not onely the difference that is betwixt a citisen and him that is none, but also of citisens amongst themselues; and that if we follow the varietie of priueleges to iudge of the definition of a citisen, there shall bee fiue hundred thou∣sand of definitions of citisens, for the infinit diuersitie of the prerogatiues that citisens [ G] haue one against another, and also ouer straungers: seeing that it is oft times better in* 1.40 the same citie to be a straunger, then a citisen, especially in such cities as are oppressed with the crueltie and insolencie of Tyrants. As in Florence many citisens requested Cosmus the new duke to be reputed and esteemed as straungers, by reason of the liber∣tie 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 [ H] the warres against the Genowayes, and fearing the rebellion of many subiects, with a few of the great states, sold the right and priueledge of a gentleman of Venice vnto three hundred citisens, so to strengthen themselues with their goods, their force, and counsell, against the power of the people. It is then the acknowledgement and obe∣dience* 1.41 of the free subiect towards his soueraigne prince, and the tuition, iustice, and de∣fence of the prince towards the subiect, which maketh the citisen: which is the essenti∣all difference of a citisen from a straunger, as for other differences they are casuall and accidentarie; as to haue part in all or certaine offices or benefices; from which the straunger is debarred as it were in euerie Commonweale. As for offices it is cleere. And although the Bishops of Rome haue of long time attempted to giue all benefices [ I] to all men as of right: yet haue princes oftentimes reiected those ambitious decrees of the Popes. I except the kings of Spaine, of all others the most obedient seruants of the Bishops of Rome, who not without great reward obtained by the decree of Sixtus Bishop of Rome, That beuefices should not be bestowed vpon straungers. And so in Boulongne la Grace, where the Pope is soueraigne lord, the offices and benefices are not giuen but to the naturall inhabitants and subiects. The like whereof is done also in all the seignorie of Venice. But the Swissers haue 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 vnto straungers, to bee pub∣lickly torne, and they that vsed them to be cast in prison. And by the lawes of the Po∣lonians [ K] also euen from the time of Casimire the Great, vnto the raigne of Sigismundus Augustus, straungers were kept farre from all benefices; which thing also the Ger∣mans by couenants, of late wrested from the Popes: in which couenants they of Mets were also comprised, and so iustly by their letters complained vnto 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 vnto citisens than to straungers, in that they are exempted from many charges and payments, which the straunger is con∣strained to beare: as in auntient time in Athens the straungers payed a certaine speciall

tribute for the right of their dwelling place, which they called 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉: whereas the ci∣tisens [ A] were free from all impositions. But the most notable priueledge that the citisen had aboue the straunger, is, that he had power to make his will, and to dispose of his* 1.42 goods, according to the customes; or leaue his neerest kinsmen his heires; whereas the straunger could do neither the one nor the other, but his goods fell vnto the lord of the place where he died. Which is no new law in Fraunce, as the Italians com∣plaine, but a thing common also vnto the kingdome of Naples, of Sicilie, and all the East, where the Grand Signior is not onely heire vnto the straungers, but also to his Timariots, for their immouables; and to his other subiects for the tenth. As in aunti∣ent time in Athens, the common treasure receiued the sixt part of the inheritance of straungers, and al their slaues borne in the citie: wheras in Rome the rigour was much [ B] greater (the common treasure swallowing vp all the inheritance of straungers.) And albeit that where Diodorus saith, The Aegyptians and Romans to haue suffered the heires of straungers to succeed them: he spoke therein like a straunger himselfe with∣out regard; for it is most certaine, that it was no way permitted for a straunger to dis∣pose 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 [ C] citisen is there (saith he) that hath made any doubt to leaue me what hee pleased by his testament, without regard to the decree of my banishment. The selfe same argument vsed also Demosthenes, to proue that Euxithenés was a citisen of Athens: Haue 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 vnto them the inheritance of straungers which die within their iurisdiction: so the Romans also after the manner of their auncestors, tooke vnto 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 [ D] right of application, or of Albinage (as some call it) to haue beene most auntient, and common as well to the Greeks and Romans, as to other people also, vntill that Frede∣rick 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 vnto the straunger to get in this * realme all the goods* 1.43 mouable and immouable that he can, and them whilest he yet liueth, to sell, giue, ex∣chaunge, or dispose of by contracts made with men yet liuing, according to his owne [ E] pleasure; and for a small sum of money, as for some twentie or thirtie crownes paid into the common treasure, to obtaine letters of naturalisation, and the right of a citisen; so that he may by his will giue legacies, or appoint such an heire as himselfe pleaseth. But in many countries of Germanie, and by the generall custome of Bohemia, it is not suffered straungers to haue one foot of land. As in like case in Italie it is forbidden all* 1.44 straungers to get any immouables in proprietie, as in the duchie of Ferrara it is a for∣mall custome. And that more is, by the custome of Perouze, it is forbidden to trans∣fer vnto a straunger not onely the proprietie, but euen the possession of any immo∣uable.

And by the custome of Milan it is not permitted vnto the straunger, so much [ F] as to haue the vse and profit of any thing immouable, and that vpon paine of confis∣cating the reuenew with the inheritance; forbidding inheritours also to marrie with straungers, vpon like paine of confiscating their goods. And that which more vniust is, it is not lawfull for the creditor being a straunger, to take his debtors immouables or land, for default of paiment assigned vnto him, but that he must within the yere againe cleere his hands thereof; which causeth the creditor oftentimes to sell his land vnder∣foot, or for little, especially if the naturall inhabitants feare or loue the debtour. And not long since, by the ordinance of the emperour Charles the fift, all straungers are em∣barred 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 [ G] than for so much profit as came vnto them thereby; quite contrarie vnto the Roman ciuill law. And by the custome of Brixia in Italie, a woman married vnto a straunger cannot transferre her immouables vnto straungers, neither the value thereof, neither di∣rectly, or indirectly. See now the good entertainment that straungers haue in Italie; whereof they haue no occasion to complaine of Fraunce, seeing that in England the subiects cannot pawne their lands vnto their creditors being straungers: whereof the ambassadors of forraine nations haue oftentimes complained to haue reason of their debtors: yet suffer they the next of kinne to enioy the goods and money of the straun∣ger. The contrarie whereof is done in Lituania, Moscouia, Tartaria, and all the Tur∣kish empire: in which place the goods of straungers dying there, are confiseat in like [ H] manner as in Fraunce: where neuerthelesse it is permitted to straungers if they die out of Fraunce, to make a will, and to appoint his children borne in Fraunce his heires, so that their mother be not a stranger. And as for the clause commonly ioyned vnto the letters of their naturalisation: Modo haeredes sint Regnicolae, the judges haue so inter∣preted 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 straun∣ger: 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 stran∣gers 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 [ I] when the inheritance descendeth. And more than this, it is graunted by our kings of an extraordinarie bountie vnto such marchant strangers as frequent the fairs of Cham∣pagne and Lyon, That none of their goods, if they die in the meane time shall be con∣fiscated: which right the English marchants enioy also in Guienne. But as for them of the low country of Henault & Artois, of the townes of Amiens, Cambray, & Turnay, they are in the same state that citisens be, for so much as concerneth the right of succes∣sion: and that the edicts of our princes, and iudgements giuen, haue oft times proued yet so as that the same should also be lawfull for vs, that was for them. The companies also of marchants of those cities which stand vpon the Baltique sea, haue obtained the same, or greater priueledges, now euer since the time of Lewes the younger, and more [ K] solemnly confirmed by king Charles the eight: which a few yeares agoe were sent to king Charles the ninth (by Danezay the French ambassadour, vnto the king of Den∣marke) to be by him renewed. And yet this priueledge granted vnto those marchants, extendeth not vnto other strange marchants, which haue obtained the right of citisens, as hath bene adiudged by the priuie counsell. Of which so many and so great priuele∣ges, by our kings graunted vnto straungers, our marchants could obtaine none in all Graecia, Asia, or Africa. For in our time when as Crozile a rich marchant of Tours, di∣ing, had left behind him almost two hundred thousand crownes, nothing thereof came

vnto his neerest kindred, all the same being by the Turkish emperor giuen vnto Abra∣ham [ A] the chiefe of the Visier Bassaes.

There is yet another difference (besides those we haue alreadie spoke of) betwixt citisens and strangers; for that citisens by the auntient law Paetilia and Iulia, may for∣sake* 1.45 their goods, leauing them in satisfaction vnto their creditors, which the straun∣ger may not doe: for otherwise it should bee lawfull for strangers, for their aduantage to sucke the blood and iuice of the subiects, and afterward to pay them with papers, al∣though there be not fewer of these bankrups than of them that forsake their goods. This also a citisen differeth from a straunger, that the straunger in euerie place before he can plead in action, either reall or personall, must put in caution for the paiment of that which shall bee adiudged. Which caution our citisens, except they haue before [ B] plaid bankrupt, or forsaken their goods, are not bound to performe. But in a personall action, whether the defendant be a citisen or a straunger, he is not bound to put in cau∣tion to pay the thing that is adiudged, as was in auntient time determined, as well in the court of Rome, as in the court of Paris. But the same court hath departed from the opinion of our auncestors, and adiudged it to be a thing reasonable, that the straunger whether he be plaintife or defendant, should put in caution to pay the thing that is ad∣iudged. But there is one difference which is and hath alwaies bene common to al peo∣ple, that is to wit, the right of marque against strangers, which hath no place against the subiects: for which cause the emperour Frederick the second, sent backe vnto the states of the empire, those which demaunded the right of reprisall against the subiects of the [ C] empire. And in briefe the straunger might be driuen out of the countrey, not onely in time of warre (for then we dismisse the ambassadours themselues) but also in time of peace; least the naturall subiects manners should by the euill companie of straungers be corrupted: for which onely cause Lycurgus seemeth to haue forbidden the Lacede∣monians* 1.46 his subiects without leaue to depart out of his kingdome, or to haue the vse of gold or siluer; as the East Indians of China forbid their subiects vpon paine of death from receiuing of straungers: so to meet with the enterprises that the straunger might make against another mans estate. Wherefore Cicero well foresaw not what harmes hang (as it were) ouer our heads from straungers, when as he writ, They do euil which forbid straungers their cities, and cast them out, as with our auncestors Penuu•…•…, and of [ D] late Papius: For by such straungers, who for the most part are banished men, the good manners of the naturall subiects are corrupted. But if warre be proclaimed against the prince, the straunger may be detained as an enemie, according to the law of armes: whereas otherwise he might not be staied, if he had not otherwise bound himselfe by contract, or by some offence by him committed.

Now if the straunger shall against the will, or without the consent of his owne prince▪ submit himselfe vnto the power of another prince, and be of him also receiued* 1.47 for his subiect; yet hath his owne prince still for euer power ouer him, and authoritie to lay hands vpon him as vpon his fugitiue seruant; yea although he come as an am∣bassadour sent from his new prince. For so the emperour Theodosius the Great pro∣nounced [ E] Danus the tyrant to be a rebell vnto his maiestie, and cast in prison his ambas∣sadours, 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 haue entred into league with the other princes, and to haue proclaimed warre against him. And howbeit that the news there∣of being come into Fraunce, Granuellan, Charles his ambassador, was by the kings com∣maundement there likewise imprisoned, yet was hee forthwith againe deliuered, so soone as it was vnderstood that the ambassadors and heralds of Fraunce, England, and

Venice, were with safe conduct sent out of Spai•…•…e. Neither seemeth Charles in so do∣ing [ F] to haue violated the law of nations, or to haue done any thing against the law: see∣that the Romans did with greater seueritie punish the fugitiue subiect, than they did the verie enemie. And the best excuse that the Imperials could find to excuse the mur∣ther done vpon the persons of Rincon and Fregosi•…•…s the French ambassadors toward the Turke, was, That the one of them was a Spaniard, a naturall subiect of the empe∣rours, and the other a Genoway vnder his protection, both sent in the seruice of his enemie; the bruit being giuen out, that they went to raise new warres against him: how beit that the emperour would not auouch the murther, but promised to do iustice vpon them that had done the same, if they should fall into his power. But doe the sub∣iect what he can, yet can he not exempt himselfe from the power of his naturall soue∣raigne, [ G] * 1.48 albeit that he become a soueraigne prince in another mans countrey: no more than Philip Barbarius a slaue, who being for his vertue become Pretor of Rome, being pursued and chalenged by his maister, was yet glad to agree with him for his libertie. For in that the lawyers all agree, That the subiect in what place soeuer he bee become soueraigne, may by his prince be called home. As not long since Elizabeth queene of England called home againe vnto 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 com∣mand, 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 com∣maundement. For the subiect wheresoeuer he be, is bound to the lawes of his prince [ H] conceiued, concerning his person; in such sort, as that if the subiect be forbidden to con∣tract or to alienat, the alienations are void, albeit that he make them in a forren country, and of such goods as he hath without the territorie of his owne prince: and if the hus∣band being out of his owne countrie, giue any thing vnto his wife, contrarie to the commaundement of his prince, or the customes of his countrey, such a donation is no∣thing worth: for that the power to tie and bind a subiect, is not tied vnto places. And for this cause princes haue accustomed to vse mutuall requests one towards another, either to call home their subiects, or to enforce them to obey, in such places as where∣in they haue not power to commaund: or els by mutuall denouncing of their griefes themselues to lay hand vpon straungers, vntill that they doe obey them. For when the [ I] marquesse of Rotelin, who had the tuition of the duke of Longueuille, was sued vnto to suffer the controuersie of Neu•…•…chastel to be decided before the judges of the court* 1.49 of Requests at Paris: the lords of Berne reuoked the cause, for that iudgement was to be giuen by them, of lands contained within the precinct of their country. See here the principal differences of subiects and citisens, from strangers; leauing the particular diffe∣rences of euerie countrey, which are in number infinit. As for the differences of subiects amongst themselues▪ there are in many places no fewer, or happely moe than▪ betwixt the subiects and the straungers (whereof we haue much spoken before) as not onely of the difference of the nobilitie among themselues, but of the difference betwixt the no∣bilitie and the vulgar people also. But particularly to prosecute how much the vulgar [ K] people differ among themselues, with such other things as appertaine vnto the sex, age or state of euerie man, were a thing almost infinit.

Now to make the matter short, it may be that of right among citisens, some be ex∣empted from all charges, taxes, and imposts, whereunto others are subiect: whereof wee haue infinit examples in our lawes. As also the societie is good and auailable,* 1.50 where some of the associats haue part in the profit, and yet beare no part of the losse. And that is it for which we see the diuision of citisens or subiects into three estates, that is to say▪ the Spiritualtie, the Nobilitie, and Commonaltie, which is obserued al∣most

in all Europe. And beside this so generall a diuision, there bee other more spe∣ciall [ A] in many Commonweales, as in Venice the gentlemen, the citisens, and the com∣mon people: in Florence before it was brought vnder one prince, they had the great ones, the common people, and the reseall menie. And our auntient Gauls had their Druides, their Chiual•…•…ie▪ and the vulgar people. In Aegypt the priests, the souldiers, and the a•…•…ans; as we read in Diodorus. Also the aun•…•…ent law giuer Hippodamus, diui∣ded 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▪* 1.51 it that Plato enforced himselfe to make all the citisens of his Commonwealth equall in all rights and prerogariues; yet so it is, that he diuided them into three states; that is to wit, into Gouernours, Souldiors, and Laborers: which is to show that there was neuer [ B] Commonweale, were it true, or but imaginarie, or the most popular that a man could thinke of; where the the citisens were equall in all rights and prerogatiues; but that al∣waies some of them haue had more or lesse than others.

Notes

• * 1.1

  The definition of a Citisen.
• * 1.2

  That violence and oppression gaue the begin∣ning vnto Com∣monweals.
• * 1.3

  That kings were not first chosen for their iustice and vertue.
• * 1.4

  A Citisen must be a free subiect.
• * 1.5

  Slaues not to bee accounted Citi∣sens.
• * 1.6

  * Cice. offici∣orum. lib. 1.
• * 1.7

  The diuision of subiects.
• * 1.8

  Why Fabius was called Ma∣ximus.
• * 1.9

  The naturall citisen.
• * 1.10

  * Plut. in Peri.
• * 1.11

  The naturalised citisen.
• * 1.12

  The citisen of honour properly no citisen.
• * 1.13

  The enclosure of wals make not a citie, but the gouernment of the citisens vn∣der the self same lawes: although they dwell in •…•…∣uers townes or prouinces disper∣sed.
• * 1.14

  * viz. France.
• * 1.15

  The difference betwixt a citisen and a burgesse.
• * 1.16

  * Arist. Politic. lib. 3. cap. 6.
• * 1.17

  * Cice ad A•…•…ticum. lib. 4.
• * 1.18

  That the citi∣sens, and not the wals or buil∣dings of a citie, make a citie.
• * 1.19

  The Carthagi∣nensian ambas∣sadors deceiued for not well vn∣derstanding what a citie in •…•…uth is.
• * 1.20

  Aristotle his de∣finition of a Ci∣tisen impugned.
• * 1.21

  * Lib. 3. cap. 1. & cap. 4. Polit. * Topi. lib. 6. * Pol. li. 3. ca. 1
• * 1.22

  Who indeed be citisens.
• * 1.23

  The diuers sorts of citisens in Rome.
• * 1.24

  The cause of the confederat warre in Italle against the Ro∣mans.
• * 1.25

  Plu. in Syl•…•…
• * 1.26

  * Liui. lib. 26.
• * 1.27

  No one priue∣ledge more com∣mon vnto the Roman citisens in generall, than that the magi∣strat might not proceed against them in cases concerning life or libertie, •…•…ith∣out the peoples leaue.
• * 1.28

  The greatest & chiefest priue∣lege proper vnto the citisens of Rome.
• * 1.29

  Plut. in Ale∣xandro.
• * 1.30

  The greatnes of the priueleges and immunities which a man en∣ioyeth, maketh him neuer a whit the more therefore a citi∣sen.
• * 1.31

  Honourable citi∣sens.
• * 1.32

  A citisen of Rome might at his pleasure giue vp his free∣dome.
• * 1.33

  Not citisens on∣ly but euen strangers also in some places prohibited to de∣part.
• * 1.34

  Cice. in orat▪ pro Corn Bal.
• * 1.35

  The subiect may not depart out of his countrey without the leaue of his prince.
• * 1.36

  The Canaries.
• * 1.37

  Not lawfull for any man to for∣sake his natiue countrey.
• * 1.38

  Why princes of∣tentimes by large gifts and priue∣leges draw into their countries ingenious stran∣gers.
• * 1.39

  To haue dwelt long in another princes countrey maketh him ne∣uer a whit the more the strange princes subiect.
• * 1.40

  Better sometimes to be a straunger than a naturall citisen.
• * 1.41

  The true diffe∣rence betuixt a citisen and a stranger.
• * 1.42

  The greatest pri∣ueledge that a naturall citisen had in auntiens time aboue a straunger.
• * 1.43

  viz. France.
• * 1.44

  Strāgers in ma∣ny places hardly del•…•… withall.
• * 1.45

  Other differences betwixt a citisen and a straunger.
• * 1.46

  Plu. in Lycurg.
• * 1.47

  A stranger sub∣mitting himself vnto the power of another prince, is yet the subiect of his naturall prince.
• * 1.48

  No subiect can exempt himselfe from the po•…•…er of his naturall prince.
• * 1.49

  Neu Castell.
• * 1.50

  The diuision of citisens or sub∣iects into three estates▪ •…•… thing obserued in all Commonweale.
• * 1.51

  * Lib. a. Polit.